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Elkader City Zoning Code

165.28 CHANGES

AND AMENDMENTS.

The regulations imposed and the districts created by this chapter may be amended from time to time by the Council.
1.   Hearing Required; Notice. The Council may, on its own motion or as the result of a petition by a private party, amend, supplement, change, and/or repeal this zoning ordinance, including the boundaries of zoning districts. No such action shall be effective until a public hearing on the amendment, supplement, change, and/or repeal has been held by the Council, at which hearing parties in interest and citizens shall have an opportunity to be heard. Notice of time and place of public hearing shall be published in a newspaper of general circulation in the City not more than 20 days in advance and at least 7 days prior to the public hearing and in no case shall the public hearing be held earlier than the next regularly scheduled Council meeting following the published notice.
2.   Planning Commission Report Required; Hearing. Before the Council holds its public hearing, the proposed amendment, supplement, change, modification, or repeal shall be referred to the Commission for its recommendations and report. No report or recommendation shall be made to the Council until the Commission holds a public hearing, at which parties in interest and citizens shall have an opportunity to be heard. Not less than 7 or more than 20 days’ notice of time and place of such hearing shall be published in a newspaper of general circulation in the City. This notice may be published concurrently with the noticed required in Subsection 1 above. If the Commission makes no report or recommendation within 30 days, it shall be considered to have made a report approving the proposed amendment, supplement, modification, change or repeal.
3.   In case the Commission does not approve the change, or in the case of a written protest filed with the Council against a change in district boundaries signed by the owners of 20 percent or more either of the area of the lots included in such proposed change or of those immediately adjacent thereto, such amendment shall not be passed except by the favorable vote of three-fourths of all the members of the Council.
(Section 165.28 – Ord. 2023-07 – Jan. 25 Supp.)