Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property within a distance of at least 200 feet from the boundaries of the subject property at least ten (10) days prior to the hearing date. Such notice shall be served by using the last known address as listed on the last approved city tax roll and depositing the notice postage paid in the United States mail.

In addition, notice of such hearing shall be published one time in a newspaper of general circulation in the city, not less than fifteen (15) days prior to the date of such hearing, and a sign giving notice of a proposed zone change shall be placed on the subject property at least ten (10) days prior to the public hearing.

Notice of hearings on proposed changes in the text of the zoning ordinance shall be accomplished by one publication not less than fifteen (15) days prior to the hearing, in the official newspaper of the city.

A public hearing for which notice has been given may be postponed by announcing the postponement at or after the time and place the hearing is scheduled to begin.

A public hearing may be recessed and continued any time after the hearing has commenced.

If a postponement or continuance of a public hearing is to a specific date and time no later than 60 days from the first or most recent hearing, the announcement of the postponement or continuance at the public hearing in which the application has been postponed or continued shall he sufficient notice and no additional notice is required.

Postponed or continued public hearing shall be presumed to be held in the same location, unless a different location for the hearing is announced at the time of the postponement or continuance.

In the event that any request or amendment is being considered, whether or not a public hearing is involved, and it is continued at the request of the applicant more than one (1) time, an additional fee shall be required to cover the reasonable costs to the city, including the cost of any additional advertising cost and the cost of the city’s consultants due to the postponement.

Open public hearing;

Report by the city representative;

Presentation by the applicant;

Testimony and questions by the public;

Closure of the public hearing.

Text amendments to this article.

Zoning changes and map amendments, including reclassification of the zoning designations on land, specific use permits, and planned developments.

Amendments to the comprehensive plan.

Amendments to the thoroughfare plan.

Exceptions and appeals as may be set out in this article.

The council may approve the request or amendment either as requested, or in the form of a more restrictive district, and subject to such appropriate conditions as are allowed by law. However, when a proposed zoning request is heard by the city council that has been denied by the planning and zoning commission, a three-fourths (3/4) majority vote by the city council shall be required for approval.

Approval of any request for a text amendment to this article or a zoning change and map amendment shall be granted only if the city council determines that the request or amendment is consistent with the comprehensive plan and the purposes of this article. In the event the request or amendment concerns a text amendment to this article or a zoning change and map amendment, the city council shall enact an ordinance amending this article or amending the official zoning map, whichever is applicable.

The council may deny the request or amendment with prejudice. If a request or amendment is denied with prejudice, a new application may be submitted for the same lot or tract of land, or any portion thereof, within one year only if the new request is for a more restrictive or less intense use or development. Unless the new proposal is more restrictive or less intense than the previously denied proposal, then no other application pertaining to a change of zoning and map amendment may be submitted on the same lot or tract of land, or any portion thereof, for a period of one (1) year from the date of its denial by the council. If a request or amendment is denied by the council without an indication of “with” or “without” prejudice, then the action shall be considered to be “denied with prejudice.”

The city council may deny the request or amendment without prejudice, in which case an application for a change in zoning and map amendment other than that which was requested on the original application may be filed at the applicant’s discretion.

A proposal to rezone a tract or parcel of land which has been previously rejected by the city council may be resubmitted within one year only if there is an actual change in conditions relating to zoning principles of the tract or parcel of land or the property surrounding it. In that event, the applicant must submit to the city manager or designee in writing, a resume describing such changed conditions. The city manager or designee shall investigate the property or cause such an investigation to be made and shall report to the planning and zoning commission whether or not such changed conditions exist. Upon hearing this report, the planning and zoning commission shall either grant or deny the request to refile the proposal for rezoning.