Rock Island City Zoning Code
ARTICLE IX
DISTRICT CHANGES AND ORDINANCE AMENDMENTS
9.1
In accordance with the provisions of the Illinois Revised Statutes, 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 consider a Special Use Permit, or the regulations set forth in this Appendix; but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall first be submitted to the City Planning Commission for approval, disapproval, or suggestions, and said Planning Commission shall have been allowed a reasonable time, for consideration and report. The Planning Commission shall have at least fifteen (15) days notice of the time and place of such hearing by insertion in a daily newspaper published in the City of Rock Island, and shall also give notice delivered personally or by mail at least five (5) days before the time fixed for such hearing to the applicant, and to the respective owners of record of property adjoining or adjacent to the premises in question.
9.2 Protests:
In case a written protest against a proposed change in the boundaries of a district signed and acknowledged by the owners of twenty (20) percent or more of either 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 (2/3) of all members of the Council. In such cases, a copy of the written protest shall be served by the protester or protesters on the applicant for the proposed amendment, and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.
9.3 Application for Zoning Change or Special Use Permit:
Any person desiring a change in zoning or a Special Use Permit for a property shall make application and it shall be accompanied by a fee. Should the application be withdrawn prior to publication of the legal notice thereon, such fee will be returned upon written request of the applicant.
9.4 Failure to Notify:
The failure to notify, as provided by this Article, shall not invalidate any ordinance, provided such failure was not intentional, and the omission of the name of any owner or occupant or property who may, in the opinion of the City 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 possible 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.
9.5 Refiling of Denied Requests:
Upon denial by the City Council of an application to change the zoning of a particular property and/or a Special Use Permit a second zoning request which is not substantially or materially different from the denied request shall not be accepted from the same or a different person, for a public hearing to be held within six (6) months from the date of City Council denial. Subsequent requests which are also not substantially or materially different shall not be accepted for a public hearing to be held within one (1) year from the last date of City Council denial. The City Planning and Redevelopment Administrator shall determine whether a request is substantially or materially different and submittable, although the City Council may, by majority vote, reverse a decision of the Planning and Redevelopment Administrator to not accept a rezoning request for public hearing.
9.6 Special Use Permits:
9.6a General Description: This procedure is established to provide a Special Use Permit for those areas of the City that are zoned, but in which unusual circumstances prevail, where it would be in the best interest of the safety, health and welfare of the residents of a zoned district that a Special Use Permit be issued rather than a change of zoning be granted.
9.7 Standards:
No Special Use shall be recommended for approval by the City Council unless such Council shall find:
9.7a That the granting of a Special Use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
9.7b That the Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, not substantially diminish and impair property values within the neighborhood;
9.7c That the establishment of the Special Use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
9.7d That adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided;
9.7e That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
9.7f Restrictions for the use should be consistent with the district in which the use would normally be located except as may be modified by the City Council.
9.7g That the Special Use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by City Council.
9.8 Conditions and Safeguards:
Prior to the granting of any Special Use, the City Council shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the Special Use as deemed necessary for the protection of the public interest and to secure compliance with the standards specified in this appendix. In all cases in which Special Uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being complied with.
9.9
The City Council shall not authorize a Special Use Permit unless the Council specifically finds that the condition or situation of the special piece of property for which the Special Use is sought is not of so typical or recurrent a nature as to make reasonably practicable the formulation of a general regulation, under an amendment to this Appendix, for such conditions or stipulations.
9.10
Said Special Use Permit, when granted, shall be in full force and effect only as long as the applicant of the property affected retains ownership of said property. (Ord. 070-2020, 12-21-2020)