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The governing body may amend, change or modify any provision of the zoning ordinance or map, provided:

A. The proposed amendment or amendments have been submitted to the Planning Commission for its recommendations. Unless the Planning Commission submits its recommendations within sixty days from receipt of the proposed amendment, the governing body may assume an affirmative recommendation;

B. The governing body has held a public hearing on the proposed amendment at least fifteen days’ prior notice, the time and place of which has been published in a newspaper of general circulation in the municipality;

C. The amendment will not be contrary to the comprehensive plan;

D. The amendment will more fully carry out the intent and purpose of the comprehensive plan and this title;

No material change in or departure from the recommendation of the Planning Commission can be made after such public hearing, unless the change or departure is submitted to the Planning Commission for their consideration and recommendations. Upon receiving the reconsidered recommendations of the Planning Commission, the governing body may overrule the Planning Commission. (Prior code § 27-25-23)