§ 150.2208 ACTION BY COUNCIL.
   After the conclusion of the public hearing required in § 150.2207, Council shall consider the proposed amendment according to the following:
   (A)   Council's action shall either:
      (1)   Adopt the recommendation of the Planning Commission;
      (2)   Deny the recommendation of the Planning Commission; or
      (3)   Adopt some modification thereof.
   (B)   Required vote for adoption.
      (1)   If Council votes to uphold the recommendation of the Planning Commission, the proposed amendment shall be adopted when approved by a majority vote of the membership of Council.
      (2)   If Council votes to overrule or depart from the recommendation of the Planning Commission, the proposed action shall be adopted when approved by not less than five concurring votes of the membership of Council.
   (C)   Any such proposal may be amended prior to the voting thereon by Council without further notice or postponement if such amendment to the proposal is germane to the subject matter thereof and is in accordance with the recommendation of the Planning Commission. Council approval, with modification of the recommendation of the Planning Commission, shall not be considered as overruling or departing from the Planning Commission's recommendation and requires a simple majority to approve.
   (D)    If City Council fails to act within 120 days of the public hearing, or an extended period as may be agreed upon, then the applicant may deem the zoning amendment denied.
(Ord. 5-2005, passed 3-23-05)