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Rock Falls City Zoning Code

ARTICLE XIX

DISTRICT CHANGES AND ORDINANCE AMENDMENTS

Sec. 34-563.- Amendment of chapter.

As permitted by 65 ILCS 5/11-13-1 et seq., 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 by the regulations set forth in this chapter, or may amend the text provisions of this chapter, but no such amendment or change shall be effective unless the ordinance proposing such amendment or change shall have first been submitted to the zoning board of appeals for consideration and the making of a recommendation whether said ordinance should be approved, disapproved or altered before approval.

(Code 1990, § 16-360; Ord. No. 93-1658, § 2(17.0), 4-19-1993; Ord. No. 94-1705, § 2, 5-16-1994; Ord. No. 2013-2136, § 1, 1-21-2014)

Sec. 34-564. - Application for zoning change.

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, or the ordinance introduced for the purpose of changing such zoning, with a fee in the amount of $75.00 for the processing of the application; provided, however, that if the proposed change of zoning is initiated by action of the city, then the $75.00 fee shall not be applicable.

(Code 1990, § 16-361; Ord. No. 93-1658, § 2(17.1), 4-19-1993; Ord. No. 94-1705, § 2, 5-16-1994)

Sec. 34-565. - Public hearing to be held.

(a)

Before submitting its recommendations and report to the council, the planning commission shall hold a public hearing on the proposed amendment, supplement or change. The applicant for any zoning amendment, supplement or change shall cause notice of the time and place of the hearing to be held by the planning commission to be given by publication in a newspaper published in the community not less than 15 nor more than 30 days prior to the date of the hearing, and shall also mail by registered or certified mail with a return receipt a notice of said hearing to all respective owners of property within 250 feet of the premises in question. Such notice shall contain a description of the property sufficiently detailed for the same to be identified as to location, shall contain the usual street address affixed to the property, shall specify the name of the applicant or appellant, shall specify the nature of the application or appeal and the relief sought, and shall specify the date, time and place of the hearing.

(b)

In addition, the applicant or appellant shall cause to be placed upon the premises which is the subject of the application or appeal, a sign which reads "Notice: this property is the subject of a proposed zoning change. Information may be obtained from the building official." The sign shall be posted upon the premises not more than 30 nor less than 15 days prior to the scheduled hearing time. The sign shall be posted at a point as close to the front property line as practicable, and in a manner to be visible from the street upon which the premises fronts. The sign shall be provided by the city for loan to the applicant, and shall be removed from the premises within five days following the hearing and returned to the city.

(Code 1990, § 16-362; Ord. No. 93-1658, § 2(17.2), 4-19-1993; Ord. No. 94-1705, § 2, 5-16-1994; Ord. No. 2004-2104A, § 1, 9-21-2004)

Sec. 34-566. - Text or copy of change to be on file before public hearing.

During the 15 days prior to the public hearing the text or copy of the text of such ordinance or petition, together with the maps or plans or copies thereof shall be on file, for public examination, in the office of the secretary of the planning commission or building official. No ordinance which differs from the recommendation made by the planning commission shall take effect unless passed by not less than two-thirds of all members of the council then holding office.

(Code 1990, § 16-363; Ord. No. 93-1658, § 2(17.3), 4-19-1993; Ord. No. 94-1705, § 2, 5-16-1994)

Sec. 34-567. - Protest against proposed change.

In case of a written protest against a proposed change in the boundaries of a district, such protest 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 city clerk, such amendment shall not be passed or become effective except by the favorable vote of two-thirds of all members of the council then holding office.

(Code 1990, § 16-364; Ord. No. 93-1658, § 2(17.4), 4-19-1993; Ord. No. 94-1705, § 2, 5-16-1994)

Sec. 34-568. - Proposed changes; failure to notify.

The failure to notify any property owner within 250 feet of the property to which the proposed amendment, supplement or alteration is requested shall not invalidate an ordinance, 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 council, proposing to make a change in zoning.

(Code 1990, § 16-365; Ord. No. 93-1658, § 2(17.5), 4-19-1993; Ord. No. 94-1705, § 2, 5-16-1994)