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Knox City Zoning Code

TITLE XIX

AMENDMENT OF THE ORDINANCE AND/OR MAP

Section 1. - Power of amendment.

The city council may from time to time, amend, supplement, change, modify, or repeal this ordinance, including the zoning map, by proceeding in the manner prescribed herein.

A zoning map amendment or a zoning ordinance amendment may be initiated by:

A.

City council.

B.

Plan commission.

C.

Any department or agency of the city.

D.

Any individual, corporation or agency, other than those listed in subsections A, B, and C above.

Except for subsections A, B, and C above, any request for an amendment shall be submitted in writing to the plan commission, along with payment of fees established by the city council.

(Ord. No. 958, 2-10-98)

Section 2. - Procedure.

The plan commission shall study such proposals to determine:

A.

The need and justification for any proposed change of this ordinance or the zoning map.

B.

The effect of a use district change, if any, on the property and on surrounding properties.

C.

The amount of undeveloped land in the general area and in the city having the same district classification as that requested or affected by an ordinance amendment.

D.

The relationship of the proposed zoning map or ordinance amendment to the purposes of the planning program, with appropriate consideration as to whether the proposed change will further the purposes of this ordinance and the comprehensive plan.

Within 45 days from the date of the first meeting after any proposed zoning amendment is submitted to it, the plan commission shall submit its report and recommendations to the city council after conducting a duly advertised public hearing for this purpose. Such recommendation of the plan commission shall be advisory only, and shall not be binding upon the city council.

In the event the report of the plan commission is adverse to a proposed amendment referred to it, the ordinance shall not be passed except by an affirmative vote of at least 75 percent of the members of the city council.

Failure of the city council to pass such proposed ordinance by said affirmative vote within 90 days after its rejection by the plan commission shall constitute rejection of the proposed ordinance and it shall not be reconsidered by the plan commission or city council until the expiration of one year after the date of its original rejection by the plan commission.

(Ord. No. 958, 2-10-98)

Section 3. - Public hearing.

Before acting on any proposed amendment, the plan commission shall hold a public hearing. The schedule for holding public hearings shall be as follows:

A.

Regular public hearings on proposed zoning amendments, if any, shall be held monthly. The closing date for filing an amendment proposal with the plan commission shall be 30 days prior to the next scheduled zoning hearing, provided, however, that in cases where a study period of more than 30 days is established for a proposed amendment by mutual agreement between the applicant and the plan commission, the hearing may be deferred.

B.

Notice of hearings on zoning map or ordinance amendments shall be published at least ten days prior to the hearing in a newspaper of general circulation in the city. The notice shall indicate the time and place of the hearing and shall include an appropriate description of each proposed amendment.

C.

If there is a protest against a change, signed by the owners of 50 percent or more either of the area of the lots included in such proposed change or adjoining any side of the territory included in the proposed change, or opposite to it and separated only by an alley or street, the amendment shall not become effective except by the favorable vote of 60 percent of the members of the city council.

(Ord. No. 958, 2-10-98)

Section 4. - Fees.

Any application for an amendment filed by or on behalf of the owner or owners of the property affected shall be accompanied by a fee as specified by the city council.

(Ord. No. 958, 2-10-98)