§ C. Action by the board of aldermen.

1.  Notice and public hearing: No amendment shall be adopted by the board of aldermen until after public notice and hearing. Notice of public hearing shall be published once a week for two (2) successive calendar weeks in the local newspaper. Notice may also be made by posting the property concerned with a poster indicating the proposed change and hearing.

2.  Board of aldermen action: Before taking such lawful action as it may deem advisable, the board of aldermen shall consider the planning and zoning commission's recommendation on each proposed zoning amendment. If no recommendation is received from the planning and zoning commission within thirty (30) days after the public hearing, the proposed amendment shall be deemed to have been approved by the planning and zoning commission.

3.  Protests: In case of a protest against a proposed zoning amendment signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent thereto either in the rear thereof or on either side thereof extending one hundred (100) feet therefrom, or of those directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite lots, such amendment shall not become effective except by favorable vote of three-fourths (¾) of all the members of the board of aldermen.

No protest petition shall be valid unless it is:

a.

Written,

b.

Bears the actual signature of the requisite number of property owners and states that they protest the proposed amendment, and

c.

Received by the municipal clerk in time to allow at least two normal working days (excluding weekends and legal holidays) prior to the public hearing on the amendment, so as to allow time for municipal personnel to check the accuracy and sufficiency of the petition.