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Eagle Lake City Zoning Code

§ 14.01.020

Rezoning.

Authority.
The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations established in this chapter.
Submission to planning and zoning commission.
Required.
Before taking action on any proposed amendment, supplement or change to a district boundary or regulation, the council shall submit the proposed revision to the planning and zoning commission for its recommendation and report.
Procedure before the planning and zoning commission.
The planning and zoning commission shall hold a public hearing on all proposed changes in zoning regulations or district boundaries. Written notice of public hearings shall be sent to all owners of real property lying within two hundred (200) feet of the property on which a change in district boundaries is proposed. This notice shall be given not less than ten days before the day set for hearing to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the notice, properly addressed and postage paid, in a United States post office. Where property lying within two hundred (200) feet of the property proposed to be changed is located in territory which was annexed into the city after the final date for making renditions which are included on the last approved city tax roll, notice to such owners shall be given by publishing the notice in a newspaper of general circulation in the city, at least ten (10) days prior to the date set for hearing, which shall state the time and place of such hearing.
After the public hearings, the planning and zoning commission shall make its recommendation report regarding the change in zoning regulations or district boundaries to the city council.
Each such recommendation made by the planning and zoning commission shall be reported to the city council, in writing, and the applicant notified of the action of the planning and zoning commission.
The planning and zoning commission shall establish and maintain a separate file for each application received, and shall record the names and addresses of all persons to whom notices are mailed, including the date of mailing and the persons by whom such notices were delivered to the United States post office. All records and files shall be permanent and official files of the city.
City council public hearing.
Following receipt of the commission’s report, a public hearing shall be held by the city council before adopting any proposed amendment, supplement or change to the zoning regulations or district boundaries. Notice of such hearing shall be given by publication one time in a paper of general circulation in the city, stating the time and place of such hearing, which time shall not be earlier than 16 days from the first date of publication.
Super-majority vote by council.
A favorable vote of three-fourths (3/4) of all members of the city council is required for a zoning change to be effective in the following circumstances:
A negative recommendation by the planning and zoning commission; or
If a protest signed by the owners of twenty percent (20%) or more of either:
The area of the lots or land included in such proposed change; or
The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet in all directions.
Fees for requesting a change in zoning.
An application requesting an amendment, supplement, change or modification of this chapter, including the zoning map, which requires the sending of notices or the publication of notices in the newspaper, shall deposit with the city secretary an amount of money estimated by the city secretary to be sufficient to mail and publish all notices required by law. A fee, as established by the council, and on file in the city secretary’s office shall be charged such applicant.
Limitation on resubmission of petition.
No amendment, supplement, change or repeal of any section of this chapter which has been legally rejected by both the city council and the planning and zoning commission shall again be considered either by the city council or the planning and zoning commission on an appeal or petition by an appellant or application before the expiration of one year from the date from the prior rejection.
(Ordinance 2016-002 adopted 4/26/16)