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Elk Run Heights City Zoning Code

165.21 AMENDMENTS

   1.   Council Authority – Public Notice and Hearings. The City Council may, from time to time, on its own action or on petition, 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 in this chapter 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.
   2.   Petitions – Public Notification and Hearing. Prior to, and in addition to, the requirements set out in Subsection 1 of this section, whenever any person, firm, or corporation desires that any amendment or change be made in this chapter, including the text and/or map, as to any property in the City, there shall be presented to the Planning and Zoning Commission a petition requesting such change or amendment. Such petition shall be duly signed by the owners of at least 50 percent of the area of all the real estate included within the boundaries of such tract as described in such petition. The petition shall contain a legal description of the area for which rezoning is requested, the existing zoning classification, and the requested zoning classification. Within 30 days after the filing of such petition, the Planning and Zoning Commission, acting as a Commission through its chairman or other authorized agent, shall fix a time, date, and place of hearing on such petition, which date shall be no more than 60 days after the filing of such petition. The Planning and Zoning Commission shall cause notice of the hearing to be published in a newspaper of general circulation within the City at least 15 days before the date fixed for such hearing. Such notice shall contain the time, date, and place of the hearing, the existing zone classification, the requested zone classification, and the name of the petition or petitioners. Additionally, the Planning and Zoning Commission shall cause such notice to be delivered in writing to the property owners of land lying within the tract to be rezoned and within 200 feet of the boundaries of such tract described in the petition.
   3.   Petitions – Filing Fee. Before any action shall be taken as provided in this chapter, the petitioner or petitioners seeking the change in districts or regulations shall remit a filing fee of $100.00 to cover the costs of the procedure. Under no circumstances shall such sum or any part thereof be refunded for failure of such amendment to be enacted into law.
   4.   Recommendations to City Council. The Planning and Zoning Commission, after public hearing, shall advise the City Council on their recommendations and their vote thereon. The Planning and Zoning Commission may upon unanimous approval of members present at a regular meeting suspend the above hearing requirement and act upon a petition for rezoning or initiate a zoning change or amendment, forwarding their recommendations to the City Council for action as required by law.
   5.   Conditions For Approval by City Council. In case the proposed amendment, supplement, or change be disapproved by the Planning and Zoning Commission, or a protest is presented duly signed by the owners of 20 percent or more of the area included in such proposed change, or, by the owners of 20 percent or more of the property lying within 200 feet of the boundaries thereof, such amendment shall not become effective except by the favorable vote of at least 75 percent of all the members of the City Council.
   6.   Resubmission of Petition – Time Limitations. Whenever any petitions for an 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 six months have elapsed from the date of filing the first petition.