§ 56-1011. Amendments and changes.

(a)

The regulations imposed and the districts created by this chapter may be amended from time to time by ordinance, but no such amendments shall be made without a hearing before the board of appeals.

(b)

The board may of its own motion, or upon petition signed by 50 percent or more of the property owners of any district or portion thereof, or upon instruction from the county board, cause to be prepared a notice indicating the changes proposed to be made in the regulations or in the district boundary lines, describing the boundaries or the territory to be affected. Such notice shall state the time and place of the public hearing for consideration of such proposed amendment, supplement or change, and the place where maps of the proposed amendment, supplement or change will be accessible for examination by interested parties.

(c)

Notice of such public hearing shall be published not more than 30 nor less than 15 days in advance thereof in at least one newspaper of general circulation in the county. A public hearing may be held in the county courthouse or in the township affected by the terms of such proposed amendment. Prior to such public hearing the board may submit a copy of the proposed amendment to the county planning commission for its review and recommendations. These recommendations shall be a guide to the board in its recommendation to the county board.

(d)

The board shall report to the county board on the proposed amendment, supplement or change, and may cause an ordinance authorizing such amendment, supplement or change to be introduced for the county board's consideration. Whenever a proposed amendment, supplement or change in this chapter is proposed for territory located with in 1½ miles of a zoned municipality in this county, the board shall cause written notice of the public hearing to be sent to the city or village clerk, as applicable, of that municipality by certified mail, return receipt requested. And, whenever a proposed amendment, supplement or change in this chapter is proposed for territory located within one and one-half miles of a zoned municipality in this county, and the city council or president and board of trustees of the zoned municipality with limits nearest adjacent shall have file a written protest against the proposed amendment, supplement or change or whenever a written protest against such proposed amendment, supplement or change, that is either:

(1)

Signed by the owner or owners of at least 20 percent of the land to be rezoned; or

(2)

Signed by the owner or owners of land immediately touching, or immediately across a street, alley, or public right-of-way from, at least 20 percent of the perimeter of the land to be rezoned, or in cases where the land affected lies within 1½ miles of the limits of a zoned municipality, or in the case of a proposed text amendment to the ordinance, by resolution of the corporate authorities of the zoned municipality with limits nearest adjacent, is filed with the county clerk within 30 days after said public hearing, the ordinance providing for such proposed amendment, supplement or change shall not be passed except by the favorable vote of three-fourths of the members of the county board.

(e)

At the time application is made to zone or rezone, alter or vary the use of property under the provisions of this chapter, the applicant therefor shall pay to the clerk of this county the amount in accordance with a schedule of fees established and adopted by the county board. All funds collected under the provisions of this section shall be credited by the clerk to the general fund of the county.

(Ord. of 12-4-1973, § 26.6; Res. of 2-14-1989)