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Decorah City Zoning Code

CHAPTER 17

44 - AMENDMENTS

Sections:


17.44.010 - Changes and amendments.

The city council may on its own action or on petition, or on recommendation of the planning and zoning commission, after public notice and hearings as provided by law, and after report by the planning and zoning commission, amend, supplement or change the boundaries or regulations of the zoning districts herein or subsequently established, and such amendment shall not become effective except by the favorable vote of a majority of all the members of the city council.

A.

Procedures. Whenever any person, firm or corporation desires that any amendment or change be made in this title regarding the boundaries or regulations of the zoning districts, including the text and/or map pertaining to a zoning district, as to any property covered by this title, and there shall be presented to the city council a petition requesting such change or amendment to the boundaries or regulations of the zoning districts and clearly describing the property and its boundaries as to which the change or amendment is desired, it shall be the duty of the council to vote upon such petition within a reasonable time after the filing of such petition with the city clerk. Prior to voting or holding a public hearing on a petition as submitted, the city council shall refer the petition to the planning and zoning commission requesting its comments and recommendations. The commission, after public hearing, shall advise the city council of its recommendations and the vote thereon.

In case a written protest be filed with the city clerk against the change, duly signed by the owners of twenty percent or more of the area of the lots included in the proposed change, or by the owners of twenty percent or more of the property which is located within two hundred feet of the exterior boundaries of the property for which the change is proposed, the change shall not become effective except by the favorable vote of at least three-fourths of all members of the council. Whenever any petition for amendment, supplement or change of the zoning districts or regulations herein contained or subsequently established shall have been denied by the city council, then no new petition covering the same property or the same property and additional property shall be filed with or considered by the city council until one year shall have elapsed from the date of filing of the first petition. The above shall not prohibit the filing of a new petition for the same and/or additional property that requests a change to a more restrictive zoning classification than the one previously denied by the city council.

In the case where the planning and zoning commission disapproves the proposed amendment, supplement or change regarding the boundaries or regulations of the zoning districts, including the text and/or map pertaining to a zoning district, the change shall become effective by the favorable vote of at least five of seven members of the council.

B.

Filing Fees. Before any action shall be taken as provided in this section, the owner or owners of the property proposed or recommended to be changed in the district regulations or district boundaries shall pay to the city clerk a filing fee as established from time to time by the city council by appropriate resolution which fee shall be set out in the appendix to the Decorah Municipal Code.

(Ord. 966 § 1 (part), 1995; Ord. 952 (part), 1993)

(Ord. No. 1234, § 1, 6-17-2019)

17.44.020 - Application for change.

Any person may submit to the city council an application requesting a change in the zoning district boundaries as shown on the official zoning district map. Such application shall contain the following information:

A.

The legal description and local address of the property;

B.

The present zoning classification and the zoning classification requested for the property;

C.

The existing use and proposed use of the property;

D.

The names and addresses of the owners of all property within two hundred feet of the property for which the change is requested;

E.

A statement of the reasons why the applicant feels the present zoning classification is no longer valid;

F.

A plat showing the locations, dimensions and use of the applicant's property and all property within two hundred feet thereof, including streets, alleys, railroads and other physical features.

(Ord. 952 (part), 1993)