After the conclusion of the public hearing, Council shall take action on the proposed amendment.
(a) Council shall:
(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) When the Planning Commission recommends approval of a proposed amendment, then no such amendment shall be adopted unless approved by an affirmative vote of at least five (5) members of Council.
(2) When the Planning Commission recommends disapproval of a proposed amendment, then no such amendment shall be adopted unless there is an affirmative vote of at least six (6) members 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.
(d) If a proposed amendment is not adopted by the Village Council within 175 days after receiving the recommendation of the Planning Commission is submitted, such proposed amendment shall be deemed to have been defeated and denied and shall not thereafter be passed without additional proceedings as provided for in this Chapter.
(e) Any person or persons desiring an amendment of the Official Zoning Map or text of the Planning and Zoning Code whose application is denied by Village Council and who fails to exhaust any other legal remedies that may be available to that person or persons, shall be barred from making application for the same amendment for the period of one (1) year, unless the application contains substantial changes in the use of the real property at issue and/or the scope of the proposed amendment.
(Ord. 2012-21. Passed 7-11-12.)