§ 2.8. AMENDMENTS

2.8.1

Authority and Declaration of Public Policy

For the purpose of promoting the public health, safety, and general welfare, the City Council may amend the regulations imposed in the districts created by this development code as set forth below. Also the City Council may amend district boundary lines, provided that in all mandatory ordinances adopted under the authority of this section, due allowances shall be made for the following:

A.

Existing conditions;

B.

The policies, standards, and principles of the adopted plans (see 1.6);

C.

The conservation of property values;

D.

The trend of development in the area for which amendment is proposed; and

E.

The uses to which property is devoted at the time of the adoption of such amendatory ordinance.

2.8.2

Initiation of Amendments

A.

Any person, firm, corporation, office, department, or other legal entity having an interest in land, or a possessory interest, option to purchase or a contractual interest which may become a freehold interest or any exclusive possessory interest, and which is specifically enforceable, may file an application for an amendment with the consent of the property owner.

B.

District boundary amendments may also be proposed by the City of Peoria.

C.

Amendments to the text of this development code may be proposed by the Planning and Zoning Commission, Zoning Administrator, or by any person.

2.8.3

Application for Amendment Procedure

An application for an amendment to this development code shall be filed with the Zoning Administrator in such form and accompanied by such information as required by the Zoning Administrator. The Zoning Administrator, upon receiving an application for amendment shall determine and certify that the application is complete, and shall forward it to the Planning and Zoning Commission for review, public hearing and a recommendation to the City Council. All proposed map amendments shall be reviewed by the Development Review Board prior to public hearing by the Planning and Zoning Commission.

2.8.4

Planning and Zoning Commission Hearing

The Planning and Zoning Commission shall schedule a public hearing on any proposed amendment in accordance with existing procedures and the Statutes of the State of Illinois. Such public hearing shall be scheduled within 60 days after certification that the application is complete and all required submittals have been received. The public hearing shall be conducted and a written record of the proceedings shall be preserved by the Zoning Administrator acting as secretary to the Planning and Zoning Commission.

2.8.5

Notice Requirements for Public Hearing

Not less than 15 days nor more than thirty 30 days prior to a public hearing for amendments, notice of the time and place of such public hearing shall be advertised by:

A.

Publication at least once in a newspaper of general circulation;

B.

Mailing of notices of the hearing by the City of Peoria to assessees, per department procedures, of the subject property and all property within 250 feet of the property of the subject property; and

C.

The posting of the Official Notice of Public Hearing Sign, by the petitioner per department procedures, on the subject property. The unauthorized removal of the Official Notice of Public Hearing Sign shall be deemed a violation of this development code.

2.8.6

Findings of Fact and Recommendation of the Planning and Zoning Commission

A.

The Planning and Zoning Commission shall submit written recommendations to the City Council within 45 days of the conclusion of the public hearing. Extension of this time period may be allowed by mutual written consent of the applicant and the Zoning Administrator. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following factors:

1.

Existing uses of property within the general area of the property in question;

2.

The zoning classification of property within the general area of the property in question;

3.

The suitability of the property in question to the uses permitted under the existing zoning classification;

4.

The trend of development, if any, in the general area of the property in question, including changes to land use or prior amendments to the zoning district regulations thereby altering conditions for use, and development of a property;

5.

The suitability of the property for the use or uses proposed by the proffered amendment;

6.

Investigation of other suitable ways of accomplishing the proposed purpose of the amendatory petition;

7.

The health, safety and general welfare in the general and immediate area of the property subject to the amendment in particular;

8.

The enjoyment of property by neighbors for its intended use;

9.

That granting the amendment is consistent with the purpose and intent of this development code (see 1.4 and 1.5); and

10.

That granting the amendment is consistent with the purpose and intent of the adopted plans (see 1.6).

B.

The Planning and Zoning Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment meets the finding of facts requirements, is not detrimental to the public interest, and is in keeping with the policies of the Official Comprehensive Plan of the City of Peoria. The Planning and Zoning Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this development code, the RE District shall be considered the highest classification and the I3 district shall be considered the lowest classification.

2.8.7

Action by the City Council

A.

The City Council shall not act upon a proposed amendment to this development code until it shall have received written report and recommendations from the Development Review Board and the Planning and Zoning Commission on the proposed amendment. The report from the Planning and Zoning Commission shall incorporate their findings of fact as specified in 2.8.6. Upon receipt of such findings of fact the City Council shall consider the proposed amendment within 30 days of receipt of Planning and Zoning Commission written findings of fact and a recommendation. The City Council shall render its decision in a timely manner.

B.

The City Council shall take action on all proposed amendments to this development code forwarded to it by the Planning and Zoning Commission.

2.8.8

Limitation on Jurisdiction

A.

In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across the alley therefrom, or by owners of 20% of the frontage directly opposite the frontage proposed to be altered, as to such regulations or district, filed with the City Clerk, such amendment shall not be passed except by the affirmative vote of two-thirds of Council members actually voting, but in no case shall an amendment be passed by less than the affirmative vote of six City Council members. In such cases, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendment upon the applicant's attorney, if any, by certified mail or by personal service at the address of such applicant or attorney shown in the application for the proposed amendment.

B.

Any such written protest, in order to be valid, must be filed with the City Clerk by 11:00 a.m. on the day before the City Council hears the application for the proposed amendment; said written protest shall include a certification that is was in fact served upon the applicant or the applicant's attorney as set forth above.

2.8.9

Effect of Denial of a Proposed Amendment

No application for an amendment which has been denied by the City Council shall be submitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the Zoning Administrator.

2.8.10

Planned Form District

A.

Purpose

The following additional requirements allow for the creation of a new form district or new building envelope standards within an existing form district. A new form district or new building envelope standards shall be granted only in accordance with the procedures as set forth below.

B.

Applicability

1.

The minimum gross area required for a new form district is ten contiguous acres. Land may be under common or multiple ownership. The City Council may reduce this minimum acreage requirement where a project clearly meets the purpose of this district.

2.

No new form district or new set of building envelope standards shall be approved that would permit the erection or development of structures that could be authorized under the requirements that apply to variances (see 2.6).

C.

Pre-Application Conference

1.

Prior to filing a formal application for approval, the applicant shall schedule a pre-application meeting with the Zoning Administrator.

2.

The purpose of the pre-application conference is to allow the Zoning Administrator to inform the applicant of all applicable ordinances, rules, regulations, plans, policies, standards, and procedures that may affect the proposed development. The pre-application conference allows the applicant to present a general concept of their proposed development prior to the preparation of a detailed plans and associated development standards. The applicant shall present material including the following:

a.

A written "Letter of Intent" from the applicant establishing their intentions as of the new form district or new building envelope standards.

b.

A location map.

c.

Sketch plans and ideas regarding the proposed uses, building forms, intensities, and street classifications.

d.

Other material the applicant may wish to present or the Zoning Administrator may reasonably request.

D.

Application Requirements

1.

All applications shall be submitted and reviewed in accordance with 2.8.1 through 2.8.9. The Zoning Administrator may request additional information as needed in order to ensure the submittal contains sufficient material for adequate review. At a minimum, the submittal shall require the following material:

a.

An illustrated master plan, a regulating plan and associated district standards comprised of building envelope standards, streetscape standards, and architectural standards; or

b.

A replacement master plan, replacement regulating plan, and new building envelope standards. Where new building envelope standards are proposed, they shall be based on the existing building envelope standards in the Form Districts of this development code.

c.

Where the proposal is to expand an existing Form District, and information is already on file with the City that provides an accurate extension of the regulating plan and building envelope standards, no additional application materials shall be required from the applicant.

d.

All required improvements, construction standards, design standards and all other engineering standards contained within the Section 2.13 must be complied with, except where specifically modified through the approval process.

( Ord. No. 17658 , § 1, 2-26-19)