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Morris City Zoning Code

ARTICLE XXIX

- AMENDMENTS

Sec. 48-2044. - When permitted; public hearing.

The regulations imposed and the districts created under the authority of this article may be amended, from time to time, by ordinance in accordance with applicable state statutes. An amendment shall be granted or denied by the city council only after a public hearing before the planning commission and a report of its findings and recommendations has thereafter been submitted to the city council.

(Code 2012, § 17.72.010; Ord. of 9-28-1966, § 12(I)(1))

Sec. 48-2045. - Proposal authority.

Amendments may be proposed by the city council, planning commission, and by any person or entity having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for an amendment.

(Code 2012, § 17.72.020; Ord. of 9-28-1966, § 12(I)(2))

Sec. 48-2046. - Processing; application.

(a)

An application for an amendment shall be filed with the city clerk, and thereafter entered into the records of the first meeting thereafter of the city council.

(b)

A copy of such application shall thereafter be forwarded by the city clerk to the planning commission with a request to hold a public hearing and submit to the city council a report of its findings and recommendations. Such public hearing shall be held upon such notice that shall be required by state statutes.

(Code 2012, § 17.72.030; Ord. of 9-28-1966, § 12(I)(3))

Sec. 48-2047. - Decisions.

(a)

The city council, upon report of the planning commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable state statutes, or may refer it back to the planning commission for further consideration.

(b)

In case a written protest against any proposed amendment signed and acknowledged by owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across the alley therefrom, or by owners of 20 percent of the frontage directly opposite the frontage to be altered, is filed with the city clerk, the amendment cannot be passed except on the favorable vote of two-thirds of all members of the city council.

(Code 2012, § 17.72.040; Ord. of 9-28-1966, § 12(I)(4))