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(a) In all cases of proposed changes and amendments initiated by the Council, the Commission shall submit a report thereon which indicates the Commission’s approval or disapproval to the Council by a resolution within forty (4) days following the close of the hearing thereon or, whenever applicable, within such period designated by the Council. Such period may be waived by the Council.
(b) In all cases of proposed zone changes and amendments initiated by verified applications, the Commission shall forward to the Council by resolution, those applications for which the Commission recommends the adoption of an ordinance by the Council. In the case of applications for which the Commission recommends a denial and which the Commission does not recommend the adoption of an ordinance, a resolution setting forth such determination shall be forwarded to the City Council. The action of the Commission shall become final following such denial, unless:
(1) The applicant files, no later than five (5) days after the Planning Commission files its resolution with the City Council, a written application with the City Clerk requesting that the matter be set for a public hearing before the Council; and
(2) The party filing such application submits a filing fee in an amount prescribed by Council resolution.
Filing of the Planning Commission resolution with the City Council for the purposes of subsection (b)(1) shall be accomplished at the next regularly scheduled City Council meeting following ten (10) days after the Commission action on the zoning change application. “Filing” for this purpose shall be accomplished by the inclusion of the resolution as a report of the Community Development Department on the City Council agenda.
Upon receipt of the proper application fee, the City Clerk shall set the matter for a public hearing in the manner set forth in Section 9-4.2916 of this article.
(c) Whenever action is initiated by the Commission, further action on the matter may be deferred by the Commission indefinitely. In the event the Council requests a report, the Commission shall forward a report thereon which indicates its approval or disapproval within forty (40) days after the date of the request or such other period designated by the Council. The failure of the Commission to make a report within such prescribed period shall be deemed to be an approval of the proposed change, plan, or amendment.
(d) In any case where a recommendation by the Commission is required, a copy of any specific plan, regulation, or amendment to the provisions of this chapter shall be submitted to the Council and shall be accompanied by a written recommendation which shall include the reasons for the recommendation. Such recommendation shall be forwarded to the applicant, if any, within fifteen (15) days after the Commission has rendered its decision.
(§ 8164.13, T.O.O.C., as amended by § 18, Ord. 89, § XVIII, Ord. 162-NS, eff. August 27, 1970, as renumbered by § XIV, Ord. 173-NS, eff. November 5,1970, as amended by § XVII, Ord. 581-NS, eff. August 12, 1976, § II, Ord. 603-NS, eff. December 16, 1976, § XV, Ord. 776-NS, eff. April 16, 1981, and Ord. 1107-NS, eff. June 20, 1991)