The city council may, from time to time, after examination, review and public hearing thereon, amend, supplement or change the regulations and zoning districts herein or subsequently established, proposals for annexation, whether initiated by the city council, the planning commission, or any person, firm, or a corporation, shall be treated in accordance with the following procedure:

(a)

An application on the prescribed form shall be submitted in writing to the department of community development thirty (30) calendar days prior to the regularly scheduled meeting of the planning commission and must be accompanied by a warranty deed (proof of ownership), legal description of subject property, current survey, and a map of the subject property.

(b)

The application shall be reviewed by the planning commission at its next regular meeting and said commission shall have thirty (30) calendar days from said regular meeting within which to submit a recommendation to the city council. If the commission fails to submit a recommendation to the city council within the thirty-calendar-day period, it shall be deemed to have approved the proposed amendment.

(c)

Before enacting any amendment to this Ordinance, a public hearing thereon shall be held by the city council with proper notice as required by law.

(d)

Said notice shall be published in full for one (1) insertion and an additional insertion of a synopsis of the proposed amendment one (1) week after the first insertion in a newspaper of general circulation published in the municipality, both insertions shall be at least fifteen (15) calendar days prior to the said public hearing; or, if no newspaper is published in the municipality, then said notice shall be posted in four (4) conspicuous places within the municipality at least fifteen (15) calendar days prior to the said public hearing. Due notice shall also be given to the parties in interest of the date, time, and place of said hearing.

(e)

Said public hearing shall be held at the earliest possible time to consider the proposed annexation, and the council shall take action on said proposed annexation within forty-five (45) calendar days from the date of the public hearing except in the case where the tentative action is not in accordance with the planning commission's certified recommendation.

(f)

In such case, the council shall not make any change in or departure from the text or maps, as recommended and certified by the planning commission, unless such change or departure can be first resubmitted to the commission for an additional review and recommendation. The commission shall have thirty (30) calendar days to resubmit its recommendation.

(g)

Any petition for annexation may be withdrawn prior to action thereon by the planning commission or city council at the discretion of the owner, authorized representative, firm, or corporation initiating such a request upon written notice to the department of community development or the city clerk's office, whichever is applicable.

Any land annexed to the City of Daphne hereafter shall be classified as an R-1, Low Density Single-Family Residential District unless otherwise recommended by the planning commission through the zoning amendment procedure provide in section 22-1, Zoning amendment procedures. In such case, city council may consider, after due process of publication and hearing as required by law, specific applications to zone newly annexed land into one or more existing or proposed new zoning classifications recommended by the planning commission. Multiple zoning requests for a single parcel shall be subject to the Article XVII, Subdivision Regulations and/or the Article XXX, Planned Unit Development regulations as applicable.

An application to the planning commission for annexation shall be accompanied by the appropriate fee as more specifically enumerated in Article XXXIV, Schedule of Fees.