(A) The Town Council shall hold at least one public hearing on an application or a proposal within 40 days after receipt of the resolution or report of the Planning and Zoning Commission. The hearing shall be set and notice given as prescribed in § 20.5, Public Hearing Time and Notice. Within 21 days following the closing of a public hearing, the Town Council shall make a decision based on the findings required by § 20.4-9.
(B) If the Town Council finds that the change is consistent with the findings required by § 20.4-9, it shall approve an ordinance amending the zoning map or zoning regulations, whichever is appropriate.
(C) The Town Council may modify a decision of the Planning and Zoning Commission recommending the granting of an application or adoption of a proposal. However, prior to making a final decision on the amendment or proposal, the Town Council may, but shall not be required to, submit any or all modifications to the Commission for reconsideration at a public meeting. The Commission may, but is not required to, provide supplemental comments on the modifications to the Town Council. The Town Council may consider any supplemental comments from the Commission before making the findings required by § 20.4-9 and rendering a final decision. Failure of the Commission to report within 30 days after receipt of the Town Council request shall be deemed concurrency.
(D) (1) If the Town Council finds that the change is not consistent with the findings required by § 20.4-9, it shall deny the application or reject the proposal. In accordance with A.R.S. § 9-462 if 20% or more either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots, file a protest in writing against a proposed amendment, it shall not become effective, except by the favorable vote of three-fourths of all members of the Town Council. If any members of the Town Council are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the Town Council; provided that, such required number of votes shall in no event be less than a majority of the full membership of the Town Council.
(2) In calculating the owners by number or area, town property and public rights-of-way shall not be included.
(Ord. 2012-04, passed 12-5-2012)