After the conclusion of the public hearing, Council shall take action on the proposed amendment.
(a) Council's action shall:
(1) Adopt the recommendation of the Planning and Zoning Commission;
(2) Deny the recommendation of the Planning and Zoning Commission; or
(3) Adopt some modification thereof.
(b) Required Vote for Adoption.
(1) When the Planning and Zoning Commission recommends approval of a proposed amendment, then no such amendment shall be adopted unless approved by a majority vote of the membership of Council.
(2) When the Planning and Zoning Commission recommends disapproval of a proposed amendment then no such amendment shall be adopted unless approved by a three-fourths vote 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 and Zoning Commission.
(d) If a proposed amendment is not adopted by the Village Council within 175 days after receiving the recommendation of the Planning and Zoning 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 Zoning Code whose application is denied by Village Council and 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. 2011-14. Passed 4-9-12.)