§ 5. Amendments that have been rejected by the governing body.

The commission may refuse to review any proposed amendment which has been rejected by the governing body within the past twelve month period and an amendment request for the same zoning district or textual change will not be scheduled within the twelve month time period without prior approval by the commission.

In order to obtain the approval of the commission, an applicant must make a written request, with justification, to the commission for relief from this requirement. The commission shall make a decision at a public meeting as to whether it wishes to hear the request within the twelve-month period.

The action of the commission shall be reported to the governing body. Within two weeks of the public meeting where the commission makes a decision regarding scheduling of any proposed amendment within the twelve month period, the governing body may reverse the commission's decision by majority vote.

This provision shall not apply where a property owner submits a new application which is materially different than the rejected application.

(Ord. No. 2002-02, § 9, 2-12-02; Ord. No. 2005-01, § 8, 2-8-05; Ord. No. 2008-05, § XX, 2-26-08)