The hearings before the planning commission shall be public hearings as aforesaid,
and be conducted as hereinafter provided.
At the commencement of the hearing, the presiding officer shall give a brief explanation
of the matter under consideration and the issue or issues to be determined. Following
such explanation, the petitioner and proponents of the petition seeking a change in
zoning, or the proponents of any other proposed amendment to this ordinance, as the
case may be, shall be afforded the first opportunity to present their case and evidence
to the planning commission. After this presentment, all parties in opposition shall
be afforded an opportunity to present their opposition and evidence, and, after all
parties have been so heard by the planning commission, the planning commission may,
but shall not be required to permit one (1) person to summarize the evidence and arguments
of the proponents, and one (1) person to summarize the evidence and arguments of the
parties in opposition, limiting the time for the presentation of such summaries to
the extent the planning commission chairman deems appropriate. After all parties have
been heard and such summaries, if any, have been completed, the planning commission
chairman shall close the floor to open debate and further evidence, and once the floor
is closed to open debate and further evidence, and deliberation has begun by the planning
commission on the issue before it, no further evidence may be presented on arguments
made either for or against the proposed rezoning or other amendments to this ordinance
being considered without the expressed consent of the planning commission. Thereafter,
the planning commission shall begin deliberations and shall take into consideration
all evidence properly before it and all pertinent standards and factors set forth
in this ordinance.
When a decision has been reached the planning commission shall make its written report
on the proposed change in zoning or other amendment to this ordinance to the city
council, reporting the vote of each member of the planning commission thereon. If
such report is not made within thirty (30) days after the public hearing, the petition
for rezoning or other amendment to this ordinance shall be deemed to have been recommended
for approval. Such reports of the planning commission shall be filed with the secretary
of the city council who shall, upon the date said report is received, post a copy
thereof as a regular notice at the place for posting such notices in city hall and
forward a copy thereof to the petitioner for rezoning, if any, at the address shown
in the petition for such rezoning. A copy of said report shall also be delivered to
the building inspector. Should a petitioner fail to comply with any requirements of
this ordinance pertaining to the petition prior to the time said public hearing is
held, the petition shall for said reason be denied by the planning commission without
inquiring into its merits. If the petitioner desires to further pursue the matter
of rezoning the property in question, the petitioner must file a new petition requesting
a change in the zoning of the property in question; pay an additional sum of one hundred
dollars ($100.00) to cover administrative and advertising costs; and comply with all
requirements of this ordinance pertaining to a petition for rezoning, whereupon the
planning commission shall proceed to hear said petition on its merits.
