Zoneomics Logo
search icon

Walnut City Zoning Code

ARTICLE 11

- CHANGES AND AMENDMENTS

Sec. 11.1.- Authority.

Whenever the public necessity, convenience, general welfare or the evolving comprehensive plan requires, the village board of trustees may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this ordinance or amendments thereto, or approve a planned development project.

Said change or amendment shall be subject to the review and recommendation of the village planning commission.

Sec. 11.2. - Initiation.

A change or amendment may be initiated by the village board, village planning commission, or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

Sec. 11.3. - Petitions.

Petitions for any change to the district boundaries or amendments to the regulations other than planned development projects shall be filed with the village clerk, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:

Plot plan drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 200 feet of the area proposed to be rezoned.

Owners' names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.

Additional information required by the village planning commission or village board.

Fee receipt from the village treasurer in the amount of $150.00 for filing, plus a deposit to cover the actual costs for the requisite publication and mailing of notice.

Petition for a planned development project shall be filed as a preliminary plat as required by the planned development procedure.

(Ord. of 9-4-1979; Ord. No. 04-01-02, § 2, 4-1-2002)

Sec. 11.4. - Recommendations.

The village planning commission shall review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified, or denied. The recommendation shall be made at a meeting subsequent to the meeting at which the petition is first submitted and shall be made in writing to the village board.

Sec. 11.5. - Hearings.

The planning commission shall hold a public hearing upon each request listing the time, place, and change or amendments proposed, and published at least once, not more than 30 nor less than 15 days before the hearing in one or more newspapers of general circulation in the municipality.

Sec. 11.6. - Village board's action.

Following such hearing and after careful consideration of the village planning commission's recommendations, the village board shall vote on the passage of the proposed change or amendment.

The village planning commission's recommendations may only be overruled by three-fourths of the full village board's membership.

Sec. 11.7. - Protest.

In the event of a protest against such district change or amendment to the regulations of this ordinance, duly signed and acknowledged by the owners of 20 percent or more either of the area of the land included in such proposed change, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of three-fourths of the full village board membership.

Editor's note— The above section conflicts with 65 ILCS 5/11-13-14 in that the 100-foot rule is not in the statute, instead protests may be made by "owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of the 20 percent of the frontage directly opposite the frontage proposed to be altered."