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Prophetstown City Zoning Code

ARTICLE IX

CHANGES AND AMENDMENTS

Sec. 38-590.- Amendments.

In accordance with the provisions of 65 ILCS 5/11-13-14, the city council may from time to time amend or change by ordinance the number, shape or area of districts established on the zoning map or the regulations set forth in this article; but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall first be submitted to the planning commission for approval, disapproval or suggestions, and the commission shall have been allowed a reasonable time, not less than 30 days, for consideration and report.

(Code 1978, § 5-19-1)

Sec. 38-591. - Public hearing.

Before submitting its recommendations and report to the city council, the planning commission shall hold a public hearing on the proposed amendment, supplement or change. It shall give not less than 15 nor more than 30 days' notice of the time and place of such hearing by publication in a newspaper published in the community or by posting notices as required herein.

(Code 1978, § 5-19-2; Ord. No. 409, 7-11-1978)

Sec. 38-592. - Application for changes.

(a)

Any person desiring a change in zoning of property may make application therefor, and in so doing shall accompany the petition for such change in zoning with a fee, as provided in the city fee schedule, for the cost of processing the application. Should the application be withdrawn prior to publication for legal notice thereon, such fee will be returned upon written request of the applicant.

(b)

Not more than one application for a change in zoning of a particular parcel may be entertained by the planning commission within a 12-month period, unless the planning commission first finds that, since the prior application, a change in the zoning classification or use of other real property within the city has a substantial effect upon the applicant's use, enjoyment and property interest in and of the subject premises.

(Code 1978, § 5-19-3; Ord. No. 482, 11-9-1982)

Sec. 38-593. - Notice.

During the 15 days prior to the public hearing, the text or copy of the text of such ordinance/resolution or petition, together with the maps or plans or copies thereof, shall be on file, for public examination, in the office of the city clerk. No ordinance which differs from the recommendation made by the planning commission shall become effective unless passed by not less than three-fourths of all members of the city council.

(Code 1978, § 5-19-4)

Sec. 38-594. - Written protest.

In case of a written protest against a proposed change in the boundaries of a district signed and acknowledged by the owners of 20 percent or more of either the frontage proposed to be altered, or of the frontage immediately adjoining or across an alley therefrom, or directly opposite the frontage proposed to be altered, is filed with the clerk, such amendment shall not be passed or become effective except by the favorable vote of two-thirds of all members of the city council.

(Code 1978, § 5-19-5)

Sec. 38-595. - Notification.

The failure to notify, as provided by this article, shall not invalidate an ordinance, provided such failure was not intentional, and the omission of the name of any owner or occupancy of property who may, in the opinion of the planning commission, be affected by such amendment, supplement or change, unless such omission is intentional, shall not invalidate any ordinance passed hereunder, it being the intention of this article to provide so far as may be, for notice to the persons substantially interested in the proposed change, that an ordinance is pending before the city council proposing to make a change in zoning.

(Code 1978, § 5-19-6; Ord. No. 409, 7-11-1978)