A.   Appointment And Term: There is hereby created the Office of City Building Official. Said official shall be appointed by the Mayor, with the approval of the City Council, and shall hold office for the term of four (4) years and until his successor is appointed at the next term of the Mayor.

   B.   Powers And Duties:

      1.   The Building Official is designated as the official to be responsible for enforcing the this title and shall have the power and shall exercise the function prescribed by terms of all ordinances now in force and hereafter passed or amended.

(1980 Code § 36-89)

      2.   It shall be the duty of the Building Official to see that the construction and repairs of all buildings in the City conform to and comply with the rules and regulations established by this title and to enforce the provisions of this title.

(1980 Code § 36-90)

   C.   Appeals Of Decisions: Appeal from the decision of the Building Official may be made to the Board of Appeals, as provided by law (see section 12-3A-10 of this chapter).

(1980 Code § 36-91)

   A.   Permit And Compliance Required: No use shall be established, and no building or structure shall be erected or structurally altered or expanded, without a permit having first been issued by the Building Official, and no permit shall be issued unless it is in conformity with the provisions of this title or amendments hereto duly enacted.

(1980 Code § 36-92)

   B.   Application For Permit:

      1.   Each application for a building permit shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, its location on the lot or lots, and such other information as may be necessary to provide for the enforcement of these regulations.

      2.   The applicant for a permit shall satisfy the Building Official that his property corners are properly staked and that the building or structure shall be located in strict accordance with the provisions of this title.

(1980 Code § 36-95)

      3.   No permit for excavation for or erection of any building, or part of a building, or for repairs to or alteration of a building, or for the moving of any building from one lot to another shall be issued until a statement of its intended use has been filed by the applicant.

(1980 Code § 36-94)

   C.   Term Of Permit; Invalidation: All permits issued under this title or prior zoning ordinances shall be valid only for one year from date of issuance, unless the applicant has commenced construction pursuant to the permit. All permits under which construction has not been begun within one year after issuance thereof are hereby invalidated.

(1980 Code § 36-97)

   D.   Record Of Permits: A record of all permits and applications shall be kept on file in the Office of the Building Official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.

(1980 Code § 36-94)

   E.   Revocation Of Permit: The Building Official may revoke a permit or approval issued, where there has been any false statement or misrepresentation as to a material fact set out in the application or plans on which the permit or approval was based. The revocation shall be made in writing, and may be either served personally upon the applicant or mailed to applicant by United States mail at applicant’s address shown in the application.

(1980 Code § 36-93)

   A.   Certificate Required: No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of compliance and occupancy has been issued by the Building Official. The certificate of compliance and occupancy shall be issued only after the Building Official makes a finding that the building is in conformance with the provisions of this title, and other health and building laws, and construction is proceeding in accordance with the building permit.

   B.   Application For Certificate: A certificate of compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of the building shall have been satisfactorily completed.

   C.   Record Of Certificates: A record of all certificates shall be kept on file in the Office of the Building Official, and copies shall be furnished, on request, to persons having a proprietary or tenancy interest in the building affected.

(1980 Code § 36-98)

   A.   Permit Required; Display:

      1.   No work shall be performed by any nonauthorized agent or independent contractor of the City, upon pavement, streets, curbs, curb cuts, sidewalks, alleys, public ways, private driveways or other private ways, unless and until the Building Official has issued a permit for the work to be done.

      2.   No work on public or private ways may be commenced without the issuance of a permit which shall be displayed in the vicinity of the public or private way construction project.

   B.   Application For Permit: Applications for any person not an authorized agent or independent contractor of the City to construct or lay pavement, curbs, curb cuts, sidewalks, alleys, public ways, or private driveways (both commercial and residential) must be made to the Building Official. The application shall be in such form as determined by the Building Official from time to time.

   C.   Commercial Plans And Specifications: For any and all public and private way improvements intended to be primarily used for commercial purposes, complete written plans and specifications shall be provided to the Building Official along with a certification from a licensed professional engineer that indicates the proposed plan is appropriate for the contemplated use.

   D.   Fees: The Building Official may charge such uniform application fees as he or she determines appropriate for public and private way improvement(s).

(Ord. 2086, 5-19-2003)

   A.   Fees pertaining to petitions for zoning amendments, use permits, certificates of compliance, variations, and appeals to the Board of Appeals shall be established by the City Council.

(1980 Code § 36-96)

   B.   All publication and hearing costs in all proceedings for amendments to this title, for special uses, and for variances shall be paid by the applicant. In addition thereto, before any proceedings may be had by any applicant for an amendment to this title or for the issuance of a permit for a special use, or for a variance, the applicant shall deposit with and pay to the City Collector a fee of three hundred dollars ($300.00). Any amendment, permit for special use, or variance granted where the applicant has failed to pay the fee shall be invalid.

(1980 Code § 36-128)

   A.   Violation: It shall be unlawful and a violation of this title for any person, firm or corporation to erect or alter any building or to make use of any premises subject to the regulations herein set forth contrary to any of the provisions of this title.

(1980 Code § 36-208)

   B.   Penalty: Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of, any of the provisions of this title shall, upon conviction, be fined not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000.00) for each offense. Each day a violation exists or continues shall constitute a separate and distinct offense.

(1980 Code § 36-209; amd. 2019 Code) (Ord. 2553, 11-26-2019)

There shall be a Board of Appeals on zoning matters, consisting of seven (7) members to be appointed by the Mayor, with City Council approval. The word "Board", when used in this article, shall mean the Board of Appeals. The members shall be citizens of the City of Watseka or residents of territory contiguous to the City and not more than one and one-half (11/2) miles beyond the corporate limits, as is provided by statute.

(Ord. 2376, 8-28-2012)

The members of the Board shall serve for a term of five (5) years. Said terms shall be staggered so that the term of only one member expires each year.

(Ord. 2214, 11-27-2006; amd. Ord. 2376, 8-28-2012)

The Mayor shall have the power to remove any member of the Board from office for cause and after a public hearing. Vacancies on the Board shall be filled for the unexpired term of the member whose place has become vacant.

(1980 Code § 36-107)

It shall be the duty of the Board to hear and decide any appeal of any decision, order or interpretation by the Building Official, and it shall have the power to reverse any decision of the Building Official on a concurring vote of four (4) members.

(1980 Code § 36-106)

   A.   Amount And Determination: Each member of the Board shall be compensated for each meeting he or she shall attend at the rate of fifty five dollars ($55.00) per meeting, said compensation to be paid by the City. For the purpose of determining the compensation, all matters scheduled for discussion and consideration by each Board member on a particular date shall be considered as having been held and determined in one meeting.

(Ord. 2214, 11-27-2006)

   B.   Reimbursement For Expenses: Expenses incurred by the Board are to be itemized and shall be paid by the City.

(1980 Code § 36-109)

   A.   Officers:

      1.   Chair: The Mayor, with the consent of the City Council, shall designate one of the members of the Board as the Chair. The Chair shall hold that office until his successor is appointed or until the expiration of his term. The Chair, or in his absence, the Acting Chair, may administer oaths and compel the attendance of witnesses.

      2.   Secretary: The Board shall select one of the Board members as Secretary who shall keep the minutes of the meetings of the Board and keep its records and files.

      3.   Other Officers: The Board may select or appoint such other officers as is necessary.

(1980 Code § 36-108)

   B.   Meetings:

      1.   Notice Of Meetings: There shall be at least fifteen (15) days’, but not more than thirty (30) days', notice of the time and place of Board meetings published in a newspaper of general circulation in the City, containing a statement of the particular purpose of the meeting and a brief description of the location of the property or properties under consideration at the meeting. The notice shall be given by the owner of the real estate under consideration.

(1980 Code § 36-110)

      2.   Requests For Meetings: Meetings shall be held at the call of the Chair or at the request of three (3) members of the Board.

      3.   Minutes:

         a.   The Board shall keep minutes of its proceedings showing the vote of each member upon every question decided thereby, or if any member is absent or fails to vote, indicating such fact.

         b.   A statement of the facts found by the Board shall be included in the minutes of each case heard or considered thereby.

         c.   The reason for each decision and for the recommendation or denial of a variance as herein provided shall also appear in the minutes.

         d.   In every instance, a statement of the facts upon which decisions or recommendations are based shall appear in the minutes.

         e.   The minutes of the Board shall be open to public examination.

   C.   Rules Of Procedure: The Board shall adopt its own rules of procedure, a copy of which, and all amendments thereto, shall be filed in the Office of the City Clerk.

(1980 Code § 36-109)

All meetings of the Board and all hearings shall be open to the public.

(1980 Code § 36-109)

   A.   The Board shall hear and decide appeals from, and review any order, requirement, decision, or determination made by the Building Official.

   B.   The Board shall also hear all applications for variations and shall submit its recommendations, based upon a finding of fact, for enactment of an ordinance, if one is required. The City Council shall not have the power to grant a variation until a public hearing has been held by the Board, pursuant to notice, and after receiving the Board's report with a finding of fact.

C. The Board shall have no authority to authorize any change in the use of any parcel or property or structure in matters of appeal. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Official or to decide in favor of the applicant any matter in which the Board is requested to recommend a variance.

(1980 Code § 36-112)

Decisions and recommendations of the Board shall be reached only after a public hearing and after notice has been given by registered or certified mail to the appellant or to the applicant and after a sign has been posted on the property. Said notice shall be mailed and sign posted at least fifteen (15) days prior to the date of the hearing.

(1980 Code § 36-111)

   A.   Right To Appeal; Notice: An appeal to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the City. The appeal shall be taken within forty five (45) days of the action complained of by filing with the Building Official and with the Board, a notice of appeal, specifying the grounds thereof. The Building Official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(1980 Code § 36-113)

   B.   Stay Of Proceedings: The appeal shall stay all proceedings and furtherance of the action appealed from, unless the Building Official certifies to the Board, after the notice of appeal has been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application, with notice to the Building Official, and all due causes shown.

   C.   Hearing: The Board shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the persons appealing and to the Building Official. It shall hear and decide the appeal within a reasonable time. At the hearing, parties of interest may appear in person or by agent or attorney.

   D.   Decision: The Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all the powers of the Building Official.

(1980 Code § 36-114)

   E.   Judicial Review: No decision of the Board upon any appeal thereto shall be subject to review, reversal, or modification by the Corporate Authorities of the City, but shall be subject to judicial review pursuant to the provisions of the Illinois Administrative Review Law (735 ILCS 5/3-101 et seq.)

(1980 Code § 36-118)

   F.   Costs Of Appeal: All costs of an appeal shall be borne and advanced in the first instance by the person appealing. Upon filing said appeal, the appellants shall deposit with the City Collector such sums as the Chair of the Board shall certify to be necessary for publication expenses, expenses of the record and the taking of testimony and any other expenses that may be incurred on account of the appeal. The proceedings before the Board shall be stayed until said sums are deposited.

(1980 Code § 36-119)

Where, in a specific case, an application for a variation is made in writing to the Board, explaining that because of certain exceptional conditions peculiar to applicant's property or its environment, strict application of the regulations of this title would result in practical difficulties and particular hardship upon the owner, the Board shall consider the case at public hearing, fifteen (15) days’ notice of which shall have been given, and shall determine and record all the facts which tend to sustain or fail to sustain the granting of a variation from the requirements of this title. If the Board determines, by a concurring vote of not less than four (4) members, that the proposed variation or some modification of it will not: a) impair an adequate supply of light and air to adjacent property; b) increase the congestion in public streets unreasonably; c) increase the hazard of fire; d) endanger the public safety; e) diminish or impair the values of property within the surrounding areas; or f) in any other respect impair the public health, safety, comfort, morals and welfare of the people, it shall adopt a report embodying such findings, and may recommend to the City Council that an ordinance be adopted authorizing the variance. No variance shall be granted for any lot which has been platted subsequent to the effective date hereof.

(1980 Code § 36-116)

The Board may, from time to time, adopt such rules and regulations as may be deemed necessary to carry into effect the provisions of this title. Such rules and regulations shall take effect ten (10) days after their publication in a newspaper with a circulation in the City.

(1980 Code § 36-115)

The owner or interested party shall fill out the application forms for a building permit as is provided by the City. The applicant shall also pay a fee as shall be required by the City on all construction costing one thousand dollars ($1,000.00) or more.

(1980 Code § 36-71)

The Building Official shall review the application, and if it is in order and conforms to this title and other ordinances, issue a building and zoning permit to the applicant. Additional information may be requested.

(1980 Code § 36-71)

Before any permit is issued, the applicant shall provide to the City a good and sufficient bond, with adequate surety or sureties and in an amount of dollars which is equal to the cost of the project, whichever amount is the greater, conditioned that the building, structure, use or change shall conform to the written plans and specifications filed with the Building Official, and consenting that, in the event that the building, structure, change or use does not conform substantially to the written plans and specifications, the City, in addition to foreclosing on the bond, may have an injunction issued in a court of competent jurisdiction requiring the conformance by the applicant to the approved plans and specifications or the removal of the building, structure, use or change.

(1980 Code § 36-71)

The permit shall become void if construction does not begin within one year.

(1980 Code § 36-71)

The Building Official shall inspect the project at the site to determine compliance with this title, Building Codes and other laws. Inspections shall be made: a) before footings are placed; b) before the first floor is poured (if concrete); c) before the interior walls are covered; and d) when the building is completed.

(1980 Code § 36-71)

The Building Official will issue a certificate of compliance and occupancy when the project complies with the approved plans and specifications, this title, Building Codes and other laws, and will then release the bond.

(1980 Code § 36-71)

Recognizing that there are legitimate uses for which no provision has been made in some or all of the districts herein created, a procedure is hereby created by which a special use may be requested in any of said districts and consideration of the request be given by the Corporate Authorities of the City.

(1980 Code § 36-78)

Special uses may be granted and allowed in accordance with the provisions of this article.

(1980 Code § 36-77)

Any owner of any tract or lot in the City wishing to make a use thereof not permitted under this title may, in writing, make application to the City Council for the granting of a special use for said tract or lot. Upon the application being made, the application shall be referred to the Zoning Commission for further action pursuant to this title.

(1980 Code § 36-79)

The Zoning Commission shall thereafter conduct a public hearing thereon, following the same procedures as to notice and hearing as must be followed in an amendment of this title (see article D of this chapter). At the conclusion of the hearing, the commission shall, in writing, report its findings and recommendations to the City Council.

(1980 Code § 36-80)

Upon receipt of the report of the Zoning Commission, the City Council shall have power, by ordinance, either to grant or deny the application for a special use or to refer the application back to the Zoning Commission for further consideration and report. No special use shall be granted if it is not compatible with the uses which, by this title, are permitted in the district for which the special use is requested to be allowed or granted, and unless it promotes the public welfare and is a reasonable exercise of the police power of the City.

(1980 Code § 36-81)

   A.   Information Required: Before the hearing, the owner shall provide the Zoning Commission at least the following detailed information and any other information deemed necessary by the commission. All information submitted shall include:

      1.   The name and address of all owners of the site, the planners, architects, engineers, surveyors or other consultants.

      2.   A general area plan drawing reflecting the intended use and future street locations for adjacent areas when the proposed planned unit development is intended to represent a single phase of a longer range development.

      3.   Present and proposed zoning.

      4.   The existing conditions on the site including contour lines (5 foot intervals), watercourses and existing drainage facilities, wooded areas and isolated trees of six inches (6") or more in diameter, existing streets, sidewalks or other improvements, and existing buildings and structures showing those which will be removed and which will be retained.

      5.   A site plan or plans of the proposed development giving the exact location of the following to scale:

         a.   All buildings, one inch equals one hundred feet (1" = 100'0") or greater, and common open space and its use.

         b.   Sidewalks with dimensions (width and thickness).

         c.   Screening, fencing or buffering of the development perimeters.

         d.   Areas that are to be public.

         e.   Such other information that the Plan Commission may require including utilities.

      6.   An accurate legal description and property survey of the entire property.

      7.   Architectural building elevations, each one sixteenth inch equals one foot (1/16" = 1'0") or greater, pavement types, culverts, common open space, recreation facilities, sidewalks, illumination, and landscaping.

      8.   Certificates, seals and signatures required for the dedication of land and recording the documents.

      9.   Tabulations on the use of the area including land area, number of buildings, number of dwelling units per acre (if applicable), total common open space, percentage of building coverage of the total site and total number of parking spaces.

      10.   All curb cuts, driving lanes, and transportation points.

      11.   Other plans or specifications that may be required for final approval of drainage, street design or other facilities by the City engineer or Plan Commission and plans necessary for approval by the Building Official.

      12.   A development schedule indicating: a) the approximate date when construction of the project will begin; b) when each stage will begin; c) the approximate dates when each stage will be completed; and d) the area and location of common open space that will be provided at each stage; e) if the applicant intends to sell or lease all or a portion of the development after the project is approved, a statement shall be presented to the commission. If applicable, the conditions of sale and maintenance of such developed properties shall be stipulated. Any covenants, deed restrictions or other similar agreements between the applicant and future owners shall be presented.

   B.   Public Notice: Public notice shall be given by the owner (newspaper and sign) not less than fifteen (15) days nor more than thirty (30) days, all the same as the requirements of section 12-3D-3 of this chapter.

   C.   Public Hearing: Public hearing before the commission shall be required before a decision shall be made.

   D.   Recommendation: The commission shall recommend approval or denial to the City Council.

   E.   City Council Action: The City Council shall vote for approval or denial.

   F.   Bond Required: The owner shall provide to the City a good and sufficient bond, in an amount and conditioned as is provided in section 12-3B-3 of this chapter.

   G.   Issuance Of Permit: After approval by the City Council, the Building Official shall issue a zoning special use permit to the applicant.

   H.   Time For Construction; Extension: If no construction has begun or no approved use is established in the special use development within one year from the approval of the final development plan by the City Council, the City Council may extend for one additional year the period for the beginning of construction, the establishment of an approved use, or completion of a phase of development as indicated in the development schedule. If a final development plan lapses under the provisions of this subsection, the Building Official shall notify the applicant at the address given on the plan submitted of the revocation of the approval of the special use development.

   I.   Inspections: The Building Official shall inspect the project at the site to determine compliance with the approved plans and specifications, this title, Building Codes and other laws. Inspections shall be made: 1) before footings are placed; 2) before the first floor is poured (if concrete); 3) before the interior walls are covered; and 4) when the building is completed.

   J.   Issuance Of Certificate Of Compliance And Occupancy: The Building Official will issue a certificate of compliance and occupancy when the project complies with the approved plans and specifications, this title, Building Codes and other laws.

(1980 Code § 36-82)

Planned unit developments may be permitted in accordance with the procedures herein set forth.

(1980 Code § 36-83)

   A.   No special use permit shall be granted pursuant unless the applicant shall establish that:   

      1.   Code And Plan Purposes: The proposed use and development will be in harmony with the general and specific purposes for which this title was enacted and for which the regulations of the district in question were established.

      2.   No Undue Adverse Impact: The proposed use and development will not have a substantial or undue adverse effect upon adjacent property, the character of the area, or the public health, safety, and general welfare.

      3.   No Interference With Surrounding Development. The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations.

      4.   Adequate Public Facilities: The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant will provide adequately for such services.

      5.   No Traffic Congestion: The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through streets.

      6.   No-Destruction Of Significant Features: The proposed use and development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

      7.   Compliance With Standards: The proposed use and development complies with all standards imposed on that use and any district where it is a permitted use.

   B.   In determining whether the applicant’s evidence establishes that the foregoing standards have been met, the Zoning Commission shall consider:

      1.   Public Benefit: Whether and to what extent, the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.

      2.   Alternative Locations: Whether and to what extent, such public goals can be met by the location of the proposed use and development at some other site or in some other area that may be more appropriate than the proposed site.

      3.   Mitigation Of Adverse Impacts: Whether and to what extent, all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping, and screening.

   C.   The Zoning Commission may recommend and the City Council may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this title upon the premises benefited by a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services; provided, however, that such conditions shall not be used as a device to grant a permit for a special use that is intended to be temporary in nature. Such conditions shall be expressly set forth in the ordinance granting the special use. Violation of any such condition or limitation shall be a violation of this title and shall constitute grounds for revocation of the special use permit.

   D.   Whenever any special use permit granted pursuant to this section is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Building Official so stating. Such affidavit shall be accompanied by a nonrefundable fee, to be fixed in each case by the Building Official, to recover the City’s actual direct cost of an inspection to verify that such conditions and limitations have been met.

   E.   The grant of a special use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits or approvals that may be required by the codes and ordinances of the City.

   F.   Subject to an extension of time granted by the Building Official, no special use permit shall be valid for a period longer than one (1) year unless a building permit is issued and construction has actually begun within that period, and is thereafter diligently pursued to completion or unless a Certificate of Occupancy is issued and a use commenced within that period.

   G.   A special use permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six (6) consecutive months or more.

   H.   Except when otherwise provided in the ordinance granting a special use permit, a special use permit shall be deemed to relate to, and be for the benefit of, the use and property in question rather than the owner or operator of such use or property.

   I.   A special use permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this section for its original approval.

(Ord. 2553, 11-26-2019)

The regulations imposed and the zoning districts created under this title may be amended by ordinance, initiated either on the motion of the City Council or by a petition for amendment addressed to the City Council, but such ordinance or amendment may not be adopted until there has been compliance with all the provisions hereof relating to amendments of zoning ordinances. And no such ordinance of amendment may be adopted until after a public hearing upon the proposed amendment has been held by the Zoning Commission, pursuant to public notice given of the hearing.

(1980 Code § 36-125)

The purpose and order of procedures on amendments shall be as follows:

   A.   To allow for a change in the zoning districts or regulations, if warranted, for the general public’s health, safety, and welfare.

   B.   The persons requesting the change shall, in writing, ask for a hearing before the Zoning Commission.

   C.   The Zoning Commission shall recommend approval or denial to the City Council.

   D.   The City Council shall approve or deny a change in this title.

(1980 Code § 36-126)

   A.   Amendment By Ordinance; Hearing Required: The regulations imposed and the districts created by this title may be amended by ordinance, but no such amendments shall be made without a public hearing before the Zoning Commission.

   B.   Notice And Hearing:

      1.   Notice of the time and place of the hearing shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days, before the hearing, in a newspaper of general circulation in the City and by posting a sign provided by the City on the property continuously at least fifteen (15) days before the hearing.

      2.   The published notice shall give the time and place of the hearing and contain a brief description of the proposed amendment and the street address, if available, or some readily identifiable description of the location of the property sought to be rezoned, if the proceedings are for the rezoning of a specific property.

      3.   Any notice required by this subsection need not include a metes and bounds legal description of the area classified for special use; provided, that the notice includes: a) the common street address or addresses; and b) the property index number (PIN) or numbers of all parcels of real property contained in the area for special use.

      4.   The posted sign shall be placed and erected on the property where directed by the Building Official.

   C.   Protests: If, prior to the hearing, written objections protesting the change of the regulations or districts are filed with the City Clerk by the owners of twenty percent (20%) or more of: 1) the frontage proposed to be altered; or 2) the frontage immediately joining or across an alley therefrom; or 3) the frontage directly opposite the frontage proposed to be altered, then the amendment shall not be passed except by the favorable vote of two-thirds (2/3) of all the members of the City Council.

(1980 Code § 36-127)