Prior to annexation of an unincorporated area, the city council shall request and shall receive a recommendation from the planning and zoning commission on the proposed planning and zoning ordinance changes for the unincorporated area. The city council shall not hold a public hearing, give notice of a proposed hearing, and not take action upon the plan, amendment or repeal until recommendations have been received from the planning and zoning commission. (Ord. 223, 7-13-2006)

   A.   Commission Hearing: The planning and zoning commission shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. The hearing shall not consider comments on annexation and shall be limited to the proposed plan and zoning changes.

   B.   Notice Requirements:

      1.   At least fifteen (15) days prior to the hearing, notice of time and place, and a description of the proposed zoning changes for the unincorporated area shall be published in the official newspaper or paper of general circulation within the jurisdiction of the city. Additional notice shall be provided by mail to property owners and residents within the land being considered; three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be impacted by the proposed change as determined by the planning and zoning commission.

      2.   The applicant requesting a zoning map amendment shall sign an affidavit stating that he has notified in writing the required residents and property owners as to his purpose of application, time and place of hearing, residents serviced, and date of service. A copy of notification shall be attached to the affidavit.

      3.   When notice is required to two hundred (200) or more property owners or residents, in lieu of the mail notification, three (3) notices in the official newspaper or paper of general circulation in the city is sufficient; provided, that the third notice appears ten (10) days prior to the public hearing. Following the planning and zoning commission's hearing, if the said commission makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the commission forwards the proposal with its recommendations to the city council.

   C.   Council Hearing:

      1.   The city council, prior to adoption, amendment or repeal of the plan or zoning ordinance, shall conduct at least one public hearing using the same notice and hearing procedures as the planning and zoning commission.

      2.   Following the hearing of the city council, if the city council makes a material change in the plan or zone, further notice and hearing shall be provided before the city council adopts the plan or zone.

   D.   Amendment Following Annexation: Concurrently or immediately following the adoption of an ordinance of annexation, the city council shall amend the planning and zoning regulation as shall be found to be necessary. (Ord. 223, 7-13-2006)