[Amended 10-18-2022]
A. 
The Department of Land Use and Development Services (LUDS) will contact the Council office to request a public hearing date on a rezoning case. LUDS will provide a copy of the rezoning application, the Planning Commission's hearing date, and list of adjacent property owners that were notified of the Planning Commission hearings.
B. 
The Council shall hold the hearing for rezoning case within 60 days after receipt of the Planning Commission's recommendation.
C. 
The Council office will prepare a letter of notification of the hearing to the applicant, property owner, and adjacent property owners informing them of the hearing date, time, location, and information about the rezoning request. The letters will be sent by certified mail and request a signature of receipt.
D. 
The Council office will prepare a legal notice, which must include the property's address, the name of the applicant and property owner, current and requested zoning classification, and the specific election district, tax map, parcel number, in addition to the date, time and location of the hearing. The Council office must submit the legal notice so that the first publication is at least 15 calendar days from the hearing date.
E. 
Prior to the hearing, the Department of Land Use and Development Services will provide their staff report, which will be included in the Council packets on the date of the hearing.
F. 
On the hearing date, the rezoning application with any accompanying documents, LUDS staff report, and Planning Commission's recommendations will be provided to Council members in their packets. The applicant and/or representative will present their rezoning request at the hearing. LUDS staff will review their staff report, their staff recommendation, and the Planning Commission's recommendations. Council members may ask questions of the witnesses and staff.
G. 
At the next legislative session, the Council may render their decision by motion or table consideration to the following session. The Council's motion must be based either/or:
(1) 
A change in the character of the neighborhood since the last comprehensive rezoning.
(2) 
A mistake in the zoning classification of the property during the last comprehensive rezoning.
H. 
After the Council has rendered its decision, the Council Attorney will prepare the final decision based on the record, which must be signed by Council members.
I. 
The Council office will prepare a letter of notification of the final decision, which is sent by mail to the applicant, property owner, adjacent property owners, and anyone who participated in the hearing. The letter advises the applicant that they have 30 days to appeal the Council's decision to the Circuit Court.
J. 
The Council office will monitor the judicial case search to determine if the rezoning case has been appealed within 30 days. If not, the rezoning documents will be transferred to LUDS for their records.