AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MARCUS, IOWA, BY AMENDING PROVISIONS PERTAINING TO PUBLIC HEARING REQUIREMENTS – ZONING
Be It Enacted by the City Council of the City of Marcus, Iowa:
SECTION 1. SECTION MODIFIED. Section 165.23 of the Code of Ordinances of the City of Marcus, Iowa, is repealed and the following adopted in lieu thereof:
165.23 AMENDMENTS. The Council may from time to time on its own motion or on petition, amend, supplement, or change the boundaries of the districts or the regulations or restrictions herein established. However, the regulation, restriction or boundary shall not become effective until after a public hearing in which the parties of interest and all citizens shall have an opportunity to be heard. Any proposed amendment, supplement, change, modification, or repeal shall first be submitted to the Planning and Zoning Commission for its recommendation and report. If the Planning and Zoning Commission or other appropriate board makes no report to the Council within 30 days after its submission, it shall be considered to have made a report approving the proposed amendment or change. After the Planning and Zoning Commission has approved the proposed change or after the 30 day period has lapsed without a proposal, the Council shall hold a public hearing in relation thereto, giving at least four and no more than 20 days notice of the time and place of such hearing which notice shall first be published in a newspaper of general circulation in the City. In addition thereto, the Clerk shall send a copy of the proposed change or amendment by ordinary mail to the owners of the properties included in the proposed change and to those owners of properties immediately adjacent to the properties included in the proposed change extending the depth of one lot or not to exceed 200 feet from the street frontage of such opposite lots. If the property is shown to be in the name of more than one owner at the same address, a single notice may be mailed addressed to all owners at that address. Failure to receive a mailed notice is not a defense to the proposed change and no such proposed amendment or change shall become effective except by a favorable vote of three-fourths of the members of the Council.

1. Procedures. If the proposed amendment or change does not originate with the Council, an application or petition may be filed by any person, firm or corporation desiring that any amendment or change be made to this Zoning Code. Said application or petition shall be filed with the Clerk accompanied by a filing fee of $50.00 and said petition shall contain the following information:
   A. The legal description, local address, and owner’s name of the property to be re-zoned;
   B. The present zoning classification of the affected property and the zoning classification being requested for the property or area;
   C. The existing use and proposed use of the property or area; and
   D. A map or diagram showing the area affected by the proposed amendment or change together with boundaries of the area to be re-zoned.
   This is to include all property within 200 feet thereof, including streets, alleys, railroads and other physical features or landmarks. In case the petition for amendment or change of the boundaries and regulations herein contained or subsequently established shall have been denied by the Council, then no petition covering the same property or the same property and additional property shall be filed with or considered by the Council until one year shall have lapsed from the date of the filing of the first petition.
2. Fees. The filing fee for any petition to amend or change the regulations or boundaries established under this Zonin Code shall be in the sum of $100.00 if the petition is filed by any person, firm, or corporation. Said fee shall be due at the time the petition is filed. If the petition emanates from the Council and/or the Planning and Zoning Commission, they shall be exempt from the fee.
   SECTION 2. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
   SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.
   Passed by the Council on the 13th day of October 2025 and approved this 13th day of October 2025.
   Pat Bunt – Mayor
   First Reading: 10-13-25
   Second Reading: 10-13-25
   Third Reading: 10-13-25
   I certify that the foregoing was published as Ordinance No. 370 on the 23rd day of October 2025.
   ATTEST: Robin A. Harvey, Clerk, IaCMC/IaCMFO
   Published in the Marcus News on October 23, 2025