The provisions of this Ordinance and the boundaries and districts displayed on the Zoning Map may be amended, supplemented, changed, modified, or repealed by the City of Foley pursuant to the procedure provided by state law and by this Ordinance.

When a property owner petitions to have his property rezoned, the following procedure shall be followed:

A.

By noon, a minimum of fifteen (15) working days prior to a regularly scheduled Planning Commission meeting, the applicant shall submit to the Community Development Director or his/her designee:

1.

The required fee as established by the City Council which is intended to help defray the cost of processing, administering, and advertising the application.

2.

A map, drawn to scale, indicating:

a.

The actual shape of the parcel(s) and legal description of property; and

b.

Completed application form.

3.

A list of the names and mailing addresses of all property owners whose property abuts and shares a substantial common boundary with the land sought to be rezoned. This includes land which is contiguous to the land sought to be rezoned but is separated from it by a road, right-of-way, or by water.

4.

The Community Development Director shall review the application for completeness and conformance to the requirements of this section. If the application is incomplete, inaccurate, or untimely, as determined by the Community Development Director, the applicant shall be notified of the deficiency. If the deficiency cannot or is not cured in time to properly advertise notice prior to the next Planning Commission meeting, the application will not be advertised or presented to the Planning Commission.

B.

Prior to the Planning Commission meeting at which the rezoning is to be initially considered, the Community Development Director shall notify all adjacent property owners and the applicant of the requested rezoning by sending notice via certified mail. The Community Development Director shall also publish notice of the requested rezoning in a newspaper of general circulation in the City of Foley twice prior to the Planning Commission meeting. Both notices shall include:

1.

The location of land sought to be rezoned;

2.

The nature of the rezoning request (indicating the current zoning of the site and the requested rezoning classification);

3.

The time, date and location of the Planning Commission meeting at which the rezoning request is to be reviewed; and

4.

The fact that a public hearing will be conducted to consider the rezoning request.

C.

After the public hearing the Planning Commission may require additional information or documentation from the applicant or from City staff. After due consideration of the comments made at the public hearing, the reports from staff members, and the concerns of the Planning Commission members, the Planning Commission shall render a decision on the application. The Planning Commission's decision shall be communicated to the City Council in the form of a recommendation.

D.

Upon receipt of the recommendation of the Planning Commission in favor of a request for rezoning, the City Council shall follow Code of Alabama procedures.

E.

When the City Council denies a rezoning request, the Planning Commission shall not reconsider the same request for a period of six (6) months. Each time the City considers a zoning or rezoning request by an applicant, the prescribed administration fee must be paid.

The Planning Commission may, upon its own initiative, hold public hearings for the consideration of any proposed amendment to the provisions of this Ordinance, to the rezoning or initial zoning of property, or to the altering, amending or changing of the zoning district boundaries or designations after giving notice of the public hearing in accordance with the provisions of Section 5.2 of this Article, except that property owners are only notified by mail when their property or property abutting their property is being considered for rezoning. The Planning Commission will report its recommendation, whether favorable or unfavorable, to the City Council.