Sec. 656.129. - Advisory recommendation on amendment to Zoning Code or rezoning of land.

(a) The Department shall be responsible for making an advisory recommendation to the Commission and the Council with respect to each proposal to amend the Zoning Code or to rezone land for any purpose. The Commission shall be responsible for reviewing and making an advisory recommendation to the Council with respect to each proposal to amend the Zoning Code or rezone land. The recommendation shall be made to the appropriate committee of the Council and shall become a part of the official record of the proposal and the committee of reference shall not render its recommendation to the Council unless and until the recommendation of the Commission and the Department have been received. The Commission is not required to hold a public hearing in connection with the review of the proposal or the preparation, review and transmission of a recommendation under this Section. The Department shall provide technical assistance to the committee during its consideration of a proposal, as may be required by the committee. (b) Unless the requirements for posting signs are waived pursuant to Section 656.126 , if the applicant has not submitted the pictures of the posted or reposted signs, if necessary, and the accompanying notarized affidavit required per subsection 656.124 (c), the Department shall notify the Planning Commission, which shall delay the hearing. Pursuant to subsection 656.124 (c), the Planning Commission shall not approve, approve with conditions or deny any rezoning unless the applicant has submitted the pictures of the posted or reposted signs, if necessary, and the accompanying notarized affidavit in accordance with the requirements set forth in subsection 656.124 (c). (c) Time for Recommendation. (1) Unless a longer time is mutually agreed upon by the Council, the Commission and the Department in the particular case, or the Commission does not submit a recommendation to the appropriate committee of Council due to a delay described in (b) above, the Commission and the Department shall submit their respective reports and recommendations to the Council in not more than 63 days from the date a proposed amendment to the Zoning Code is introduced into City Council. (2) If the Commission or the Department fails to submit its report and recommendation to the Council within the above prescribed time, such failure shall be deemed to be a procedural recommendation for denial of the amendment to the Zoning Code or of the proposal to rezone land and the Council may proceed to act on the amendment to the Zoning Code or proposal to rezone land. The reports and recommendations of the Commission and the Department shall be advisory only and shall not be construed to be binding upon the Council. If the Commission does not submit a recommendation to the appropriate committee of Council due to a delay caused by the applicant's failure to post and document the posting of signs, the appropriate committee of Council shall delay the hearing on the zoning application until the applicant has submitted the pictures of the posted or reposted signs, if necessary, and the accompanying notarized affidavit and the Planning Commission has submitted a recommendation. (d) The report and recommendations to the Council required by subsection (b) of this Section shall show that the Department has studied and considered each of the following: (1) The need and justification for the change. (2) The relationship of the proposed amendment, the Planned Unit Development or other rezoning to the Comprehensive Plan and the work of the Department, with appropriate consideration as to whether the proposed amendment will further the purposes of the Zoning Code and Comprehensive Plan. The report and recommendations to the Council by the Department required by subsection (b) of this Section shall address whether the proposal is consistent with the Comprehensive Plan. No recommendation by the Department shall be made under this subsection without the determination required hereinabove. (e) For purposes of this Section, for rezonings of properties located within the Downtown Overlay Zone, as defined in Section 656.361.2 , all references to "Commission" shall mean the Downtown Development Review Board. (Ord. 91-59-148, § 1; Ord. 2002-714-E, § 4; Ord. 2007-564-E, § 4; Ord. 2009-548-E, § 2; Ord. 2017-318-E , § 7; Ord. 2020-729-E , § 3)