Elk Horn City Zoning Code

Whenever the public necessity, convenience, general welfare or good zoning practice require, the City Council may by ordinance subject to the procedure provided in this Chapter, amend, supplement or change the regulations, district boundaries or zoning classifications of property, now or hereafter established by this ordinance or amendments thereof.

Effective on: 1/1/1901

An amendment to the text of this ordinance or the official zoning map may be initiated by action of the City Council, Commission, or Board; or by application of an owner of property to be changed or affected by the proposed amendment or supplement; or by application signed by owners of fifty percent (50%) of all property lying within five hundred feet (500’) of any part of the area proposed to be changed.

Effective on: 1/1/1901

An application for an amendment shall be filed, upon the form provided, with the Building Official for submission to the Commission. The application shall be accompanied by a fee of (no fee required) and by such data and information as may be prescribed by the Commission to assure the fullest practicable presentation of facts for the permanent record. An application for a zoning text amendment shall contain a statement setting forth the proposed amendment or supplement to the regulations of this ordinance. An application for a zoning map amendment shall contain a legal description of the property for which the change is requested; the existing zoning classification and the proposed zoning classification; and a statement giving the names and addresses of the owners of all property lying within the area proposed to be changed who are not part of the application, and the names and addresses of the owners of all property lying within five hundred feet (500’) of any part of the area proposed to be changed. If the applicant is the only owner of property within five hundred feet (500’) of the property proposed to be changed, then the statement shall include the names and addresses of the next adjacent property owners. Each application shall be verified by the person or persons preparing the application, attesting to the truth and correctness of all facts and information presented with the application.

Effective on: 1/1/1901

Before taking final action on a proposed amendment to the text of this ordinance or the official zoning map, the Commission shall hold a public hearing thereon. Notice of the public hearing shall include the time and place of said public hearing and the place where the contents of the amendment may be examined, and shall be given in the following manner:

1. 22.4.1
   For an amendment to the text of this ordinance, a notice of the public hearing shall be given by one (1) publication in a newspaper of general circulation in the City not less than seven (7) days prior to the public hearing.
2. 22.4.2
   For an amendment to the official zoning map, a notice of the public hearing shall be given by one (1) publication in a newspaper of general circulation in the City not less than seven (7) days prior to the date of the public hearing.
3. 22.4.3
   For an amendment to the official zoning map, additional written notice shall be given to the property owners contained in the statement included as a required part of the application by placing said notice in the United States Mail, not less than seven (7) days prior to the date of the public hearing.

   1. A.
      For mailing purposes, the names and addresses of such property owners shall be taken from the records of the County Auditor.
   2. B.
      It shall be the intent of this subsection to give as full and adequate notice as practicable to the persons substantially interested in the appeal; however, failure to send notice to a person as specified in this subsection, or failure of a person to receive said notice shall not invalidate any decision of the Commission provided such failure was not intentional.
   3. C.
      The requirements of this subsection shall not apply to a general revision of this ordinance.
4. 22.4.4
   The Commission may recess a hearing in order to serve further notice upon other property owners or persons that the Commission determines may be interested in the amendment or to obtain additional information. Upon recessing for this purpose, the Commission shall announce the time and date when said hearing will be resumed.

Effective on: 1/1/1901

Following such hearing the Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested, or it may recommend that the application be denied.

It shall be the duty of the Commission to submit to the City Council its written recommendation on all applications for amendments, supplements, or changes to the regulations, district boundaries or zoning classifications of property as established by this Ordinance.

Effective on: 1/1/1901

After the receipt of the written recommendation of the proposed amendment from the Commission, the City Council shall hold a public hearing on the amendment. At least seven (7) days notice of the time and place of such hearing shall be published in a newspaper having general circulation in the City.

Effective on: 1/1/1901

Following such public hearing, the City Council shall consider such recommendation by the Commission and vote upon the passage of the proposed amendment.

Passage of the proposed amendment shall require an affirmative vote of not less than a simple majority of the entire City Council.

1. A.
   In case of protest against any changes or amendments signed by the owners of twenty percent (20%) or more either of the area included in such proposed change, or of the area immediately adjacent thereof, such changes shall not become effective except by favorable vote of at least seventy-five percent (75%) of all the members of the City Council.
2. B.
   Whenever any application for an amendment, supplement or change of the zoning or regulations herein contained or subsequently established shall have been denied by the City Council, then no new application covering the same property and additional property shall be filed with or considered by the City Council until one (1) year shall have elapsed from the date of the filing of the first application.

Effective on: 1/1/1901