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Manhattan City Zoning Code

CHAPTER 16

AMENDMENTS

10-16-1: INITIATION:

The Town Council may, from time to time, amend, supplement or change this Title and the regulation of maps, appertaining thereto:
   A.   Town Initiated: An amendment, supplement or change may be initiated by the Town Council.
   B.   Property Owner Initiated: Whenever the property owner of any land or building desires a reclassification of his/her property or change in regulations applicable thereto, he/she may file with the Zoning Administrator on forms provided by the Town for this purpose, a petition duly signed and verified by him/her requesting an amendment or change of regulations prescribed for such property.
   C.   Filing Fee: A fee shall be paid to the Town upon filing of each application for the purpose of defraying expenses incidental to proceedings. No application will be regarded as having been filed until such fee has been paid. Said fee amount may be obtained from the Clerk/Treasurer of the Town Council. (Ord. 253, 12-1-1998)

10-16-2: INVESTIGATIONS:

Upon initiation of an amendment, by the Town Council or upon petition from a property owner, the Town Council shall request the Planning Board to make an investigation of the petition and will provide necessary information to assure that the action of each such petition is consistent with the intent and purpose of this Title and the Manhattan Master Plan. (Ord. 253, 12-1-1998; amd. 2000 Code)

10-16-3: HEARING:

Before an amendment is approved or denied, two (2) public hearings shall be held, one before the Planning Board and the other before the Town Council.
   A.   Planning Commission Hearing: The Planning Commission, after their review and investigation of the application shall hold a public hearing on the proposed amendment, supplement or change in a district's boundary, at which time, all interested parties and citizens shall have an opportunity to provide testimony for or against the application. They shall forward their recommendation onto the Town Council.
   B.   Town Council Hearing: The Town Council shall hold a public hearing on the proposed amendment, supplement or change in the district boundary, at which time interested parties and citizens shall have an opportunity to be heard.
   C.   Notice Of Hearings: Notice of the public hearings shall be published at least once in an official paper or paper of general circulation at least fifteen (15) days and not more than thirty (30) days prior to each of the public hearings.
   D.   Protest: In case, however, of protest against such changes signed by the owners of twenty percent (20%) or more either of the area of those lots immediately adjacent extending one hundred fifty feet (150') in all directions, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the Town Council. (Ord. 253, 12-1-1998)