(a) Plan review use. When the application is for approval of a plan review use, the council shall, within 60 days of receipt of the director’s report, hold a public hearing and either:
(1) Approve the application, in whole or in part, with or without conditions or modifications, by resolution; or
(2) Deny the application.
If the council does not act on the application as provided in this subsection within such 60-day period, the application shall be deemed denied. The applicant may request, and the council may approve, an extension of time if the request is made in writing and approved before the requested effective date of the extension.
(b) Special districts, other amendments to the land use ordinance, and zone changes. When the application or proposal is for: the establishment of or amendment to a special district; other amendment to the land use ordinance; or a zone change (in this subsection collectively referred to as “zoning ordinance proposals”):
(1) (A) Other than council-initiated. The planning commission shall hold a public hearing within 45 days of receipt of the director’s report and proposed ordinance. Within 30 days of the close of the public hearing, the planning commission shall transmit through the mayor to the council the director’s report and proposed ordinance with its recommendations. The mayor shall transmit the director’s report, proposed ordinance, and planning commission recommendations to the council within 30 days of receipt of the same from the planning commission.
(B) Council-initiated. Planning commission processing and mayoral transmission of zoning ordinance proposals initiated by the council pursuant to Charter § 6-1513 and Chapter 2, Article 24, including revisions or amendments to this chapter or ordinances designating and redesignating land to one or more zoning districts specified in this chapter, shall be governed by Chapter 2, Article 24.
(C) A proposed ordinance prepared by the director as an alternative to a council-initiated zoning ordinance proposal shall be initiated by the director and shall be processed in accordance with paragraph (A) above.
(2) Any person may bring a civil action to enforce any time limit established by this subsection. The failure to meet any time limit established by this subsection shall not render the affected proposal void, and the council may act on the proposed ordinance after receipt thereof; and
(3) (A) The council shall hold a public hearing and may act by approving the ordinance as submitted or with modifications, or by denying it.
(B) For zoning ordinance proposals other than council-initiated proposals, if the council does not take final action within 90 days after receipt of the proposed ordinance from the planning commission, it shall be deemed denied. The applicant may request, and the council may approve, an extension of time if the request is made in writing and approved before the requested effective date of the extension.
(C) For zoning ordinance proposals initiated by the council pursuant to Charter § 6-1513 and Chapter 2, Article 24, if the council does not take final action before the automatic filing of the bill for the proposal pursuant to § 1-2.4, the proposal shall be deemed denied; provided however, that the council may extend the time for consideration of the proposal one time only by introduction of a new bill for the proposal before the automatic filing of the original bill. The new bill shall be identical to the then-current form of the original bill. If the council does not take final action before the automatic filing of the new bill, the proposal shall be deemed denied. If more than one new bill is introduced before the automatic filing of the original bill, the proposal shall be deemed denied if the council does not take final action before the automatic filing of the first new bill.
(1990 Code, Ch. 21, Art. 2, § 21-2.70) (Added by Ord. 99-12; Am. Ords. 08-19, 10-19)