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Kearny City Zoning Code

§ 38-10.3

Amendments.

[Ord. No. 10-14-87 § 138-10.300]
a. 
The Town Council may from time to time either on its own motion or on petition, after public notice and hearing, amend, supplement or change the regulations and districts herein established. Every such proposed amendment, supplement or change shall be referred by the Town Council to the Planning Board for report before the above public hearing.
b. 
Such amending ordinance shall be adopted after the Planning Board has adopted the land use plan element of a master plan and all of the provisions of such zoning ordinance or any amendment or revision thereto shall either be substantially consistent with the land use plan element of the master plan or designed to effectuate such plan element; provided that the Governing Body may adopt a zoning ordinance or amendment or revision thereto which in whole or part is inconsistent with or not designed to effectuate the land use plan element, but only by affirmative vote of the majority of the full authorized membership of the Governing Body with the reasons of the Governing Body for so acting recorded in its minutes when adopting such a zoning ordinance; and provided further that, notwithstanding anything aforesaid, the Governing Body may adopt an interim zoning ordinance pursuant to law.
c. 
A protest against any proposed zoning amendment or revision of a zoning ordinance may be filed with the municipal clerk, signed by the owners of 20% or more either of the area of the lots or land included in such proposed change, or of the lot or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of 2/3 of all the members of the Governing Body of Kearny.