After public notice has been given pursuant to Section 28-4(1) a public hearing shall be held by the Planning and Zoning Commission on any proposed change in zoning classification as well as any proposed amendment to the zoning regulations of any zoning district.

The Planning and Zoning Commission shall first make a preliminary report and then hold its public hearings on that report before submitting a final report to the City Council

When the zoning change request is by petition, the preliminary report shall be the request as stated in the notice of public hearing. When the Planning and Zoning Commission makes a study and initiates a change or amendment on its own motion, or at the request of the City Council, the preliminary report shall be that stated in the notice of public hearing. Upon completion of the public hearing the Planning and Zoning Commission shall submit its final report and recommendation to the City Council[.]

When all public input has been received the public input portion of the hearing shall be closed. Thereafter, the Commission shall consider the matter and make its recommendation to the City Council in the form of a final report. After the public input portion of the public hearing has been closed the public may not thereafter be recognized for the purpose of adding additional argument or input, however, the Commission may ask questions of any person and receive additional information in response to questions. After public input has been closed and the Commission has no further questions, a motion should be made to close the public hearing. Thereafter the Commission may deliberate and vote on its final report to the City Council which shall be in the form of a recommendation.

The City Council, except in the case of a joint public hearing, may not hold its public hearing until it receives a final report from the Planning and Zoning Commission and even in the case of a joint public hearing may not take action on the matter until it receives the final report of the Planning and Zoning Commission.

After proper notice by publication pursuant to Section 28-4(2), the Council opens the public hearing and usually calls upon staff to summarize the proposed zoning change or amendment. This is usually followed by the applicant’s presentation. The Council then opens the public input portion of the public hearing. When all public input has been received the public input portion of the hearing shall be closed. After the public input portion of the public hearing has been closed the public may not thereafter be recognized for the purpose of adding additional argument or input, however, the Council may ask questions of any person and receive additional information in response to questions. When the Council has no further questions, a motion should be made to close the public hearing. Thereafter the Council may deliberate and take appropriate action.

The City Council usually acts on a zoning change or amendment by following a two-step process.

The first step is to take action on the matter by either (i) denial of the zoning change or amendment; (ii) approval of a zoning change or amendment; or (iii) approval of a zoning change different from that requested, that is more restrictive or at least as restrictive, as that stated in the public notice. Only a majority vote of the council present and voting is required for this first step.

The second step is the adoption of an ordinance granting or making the change where appropriate. This second step, adoption of the ordinance, usually requires only a majority vote of those present and voting, however, under certain circumstances a 3/4 vote of all the members of the City Council is required to approve the zoning change or amendment, (See section 24-5 [28-5]).

The Planning and Zoning Commission are hereby authorized to hold Joint Public hearings. If a joint public hearing is called the Planning and Zoning Commission and the City Council shall hear all matters jointly. When all public input has been received the public input portion of the hearing shall be closed. Thereafter, the Commission shall consider the matter and make its recommendation to the City Council in the form of a final report. After receiving the final report the City council shall consider the matter and take any appropriate action. Although the public input portion of the hearing is closed the public hearing continues until the public hearing is closed by the City Council. The City Council may not continue with the public hearing or take action on the matter until it receives the final report of the Planning and Zoning Commission.

If the Commission makes its report/recommendation at the same meeting the Council may then proceed, keeping in mind that the public input portion of the hearing has been closed. If either the Commission or the Council fails to conclude the matter at the first meeting the public hearing portion of the meeting shall be recessed and continued to a certain date and time that shall be announced to all those attending the meeting.

Before the 10th day before the hearing date, written notice of each public hearing before the zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. The notice may be served by its deposit, properly addressed with postage paid, in the United States mail. If the property within 200 feet of the property on which the change is proposed is located in territory annexed to the municipality and is not included on the most recently approved municipal tax roll, the notice shall be given by publication published in the official newspaper at least 15 days before the date of the hearing.

Notice of the public hearing to be held by the City Council, before adopting any proposed amendment, supplement or change, shall be published once in the official newspaper of the City at least Fifteen (15) days before the date of the hearing.

Where the public hearing is to be a Joint Public hearing before the Planning and Zoning Commission and the City Council, the joint notice shall be mailed in time to give each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed, 10 days’ notice, and the joint notice shall be published at least 15 days before the date of the hearing in the official newspaper of the City.