The regulations, restrictions, prohibitions and limitations imposed and the districts created may from time to time be amended, supplemented, changed, modified or repealed by ordinance, but no change shall be made until the planning commission, after notice and public hearing, files with the city commission a report and recommendation on the proposed change. (2010 Code § 22-126)

A.   Required; Notice: Parties in interest and citizens shall have an opportunity to be heard at a public hearing before the planning commission on any application, and before any district regulation, restriction or boundary shall become effective. Upon receipt of an application, the planning commission shall set a date for public hearing not less than twenty (20) days nor more than sixty (60) days from the date of filing. At least fifteen (15) days' notice of the date, time and place of the hearing shall be published in a newspaper of general circulation in the city. The notice shall include a map of the area to be affected that indicates street names or numbers, streams, or other significant landmarks in the area. (2010 Code § 22-128)

B.   Additional Notice Requirements:

   1.   Except as authorized in subsection C of this section, in addition to the notice requirements provided for in subsection A of this section, a notice of a public hearing on any proposed zoning change, except by a municipality acting pursuant to subsection C of this section, shall be given twenty (20) days prior to the hearing by mailing written notices by the secretary of the planning commission, to all the owners of real property within a three hundred foot (300') radius of the exterior boundary of the territory contained in the application. The application submitted by the applicant shall contain a certified abstractor's, registered professional engineer's or registered land surveyor's list of the names of all property owners within such area; no application shall be accepted without such list. The applicant shall also pay an application fee as established by resolution of the city commission. The notice shall include a map of the area to be affected which indicates street names or numbers, streams or significant landmarks in the area, and: (2010 Code § 22-128; amd. 2012 Code)

      a.   Legal description of the property and the street address or approximate location in the municipality;

      b.   Present zoning of the property, and the zoning sought by the applicant; and

      c.   Date, time and place of the public hearing.

   2.   Additional notice shall also be given by posting the notice of the hearing on the affected property at least twenty (20) days before the date of the hearing.

C.   Reclassification By Planning Commission Or City:

   1.   If the planning commission or the city proposes reclassification in order to revise its comprehensive plan or official map, or to identify areas which require specific land use development due to topography, geography or other distinguishing features, including, but not limited to, floodplains, drainage, historic preservation and blighted areas, the planning commission or mayor and city commission shall require, in addition to the notice requirements provided for in subsection A of this section, a sign to be posted on designated properties within the area affected by the proposed zoning reclassification. The sign and the lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public street or streets toward which it faces.

   2.   The notice shall state:

      a.   The date, time and place of the public hearing;

      b.   Who will conduct the public hearing;

      c.   The desired zoning classification;

      d.   The proposed use of the property; and

      e.   Other information as may be necessary to provide adequate and timely public notice. (2010 Code § 22-128)

A.   Decision: After notice and public hearing, the planning commission shall vote to:

   1.   Recommend to the city commission that the application be approved as submitted, or as amended, or be approved subject to modification; or

   2.   Recommend to the city commission that the application be denied.

B.   Time Limit For Submission To City Commission: An application recommended for approval, or approval subject to modification, shall be transmitted to the city with the report and recommendation of the planning commission within fifteen (15) days from the date of planning commission action.

C.   Denial; Request For Hearing: An application recommended for denial shall not be considered further unless the applicant, within fifteen (15) days from the date of the planning commission action, files a written request with the city commission for a hearing. Upon notice of such request, the planning commission shall forthwith transmit the application and its report and recommendation to the city commission. There shall be no fee charged the applicant for the hearing. (2010 Code § 22-129)

The city commission shall hold a hearing on each application regularly transmitted pursuant to an appeal as provided for in subsection 10-3-4C of this chapter. The city commission shall approve the application as submitted and recommended by the planning commission, or approve the application subject to modification, or deny the application, or return the application to the planning commission for further study. (2010 Code § 22-130)

Protests against the proposed changes in regulations, restrictions and district boundaries in the city shall be filed at least three (3) days before the date of the public hearing before the mayor and city commission. If protests are filed by:

A.   The owners of twenty percent (20%) or more of the area of the lots included in a proposed change; or

B.   The owners of fifty percent (50%) or more of the area of lots within a three hundred foot (300') radius of the exterior boundary of the territory included in a proposed change;

then the proposed change or amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the city commission. (2010 Code § 22-131)