This chapter may be amended from time to time by the city commission; but no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the planning commission for a review and recommendation, unless this requirement is waived by the city commission. The planning commission shall have 35 days from its initial formal consideration of a request within which to submit a report. If the planning commission fails to submit a report within the 35-day period, it shall be deemed to have favorably recommended the proposed amendment.

(Code 1985, § 7-2-191(A); Ord. No. 86-007, 3-17-86)

The zoning classifications as set forth on the zoning map set forth by the city commission may be amended or rezoned from time to time by the city commission.

(Code 1985, § 7-2-191(B); Ord. No. 86-007, 3-17-86)

Before enacting an amendment to this chapter or before any property is rezoned or before the city zoning map is amended and rezoned the city commission shall hold a public hearing thereon.

(1)

If the city takes action resulting in a zoning decision, the city shall provide for a hearing on the proposed action at least 15 days, but not more than 45 days, prior to the date of the hearing. The city shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city a notice of the hearing. The notice shall state the time, place and purpose of the hearing.

(2)

If the zoning decision of the local government is for the rezoning of property and the rezoning is initiated by a party other than the local government, then:

a.

The notice, in addition to the requirement of subsection (1) of this section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and

b.

A sign containing information required by local ordinance or resolution shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing.

(Code 1985, § 7-2-191(C); Ord. No. 87-007, 3-17-86)

If the zoning decision of a local government is for the rezoning of property and the amendment to the zoning ordinance is defeated by the local government, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the city commission.

(Code 1985, § 7-2-191(D); Ord. No. 87-007, 3-17-86)