§ 113-135. Procedure for the planning commission or the city council.

(a)

Amendments of this chapter not initiated by the planning commission shall be referred to the planning commission for study and review.

(b)

All amendments of this chapter initiated by the planning commission or the city council shall be the subject of a public hearing pursuant to law. The city clerk shall set the date for a public hearing and shall have the notice of such hearing published in the legal newspaper at least once, not less than ten days, nor more than 30 days prior to said hearing. The city council may waive the mailed notice requirements for a city-wide amendment to this chapter initiated by the planning commission or city council give notice in the manner required by law.

(c)

The planning commission shall hold the public hearing and then shall recommend to the city council within 30 days after the public hearing one of three actions: approval, denial, or approval with special conditions/modifications.

(d)

The city council shall act upon the application within 30 days after receiving the recommendation of the planning commission. Amendments to this chapter shall be by passage upon a simple majority vote of the city council, provided that any action or passage overriding the recommendations of the planning commission shall require a four-fifths majority vote of the entire city council.

(Code 1999, § 16.6.3(F))