In addition to the powers and duties conferred by Charter the Commission shall, for purposes of this Code, have the following duties:
(b) To determine that a proposed use not listed or provided for in this Code is substantially similar to a permitted or conditionally permitted use that is listed and provided for in this Code by applying the criteria set forth in Section 1173.03.
(c) To review and approve or disapprove each application for a use variance.
(1) In the case of a use variance to allow a use not permitted under this Code in the zoning district in which the property is located, the Commission must find that the applicant has demonstrated that the literal enforcement of the Code will result in unnecessary hardship according to the criteria set forth in Section 1173.04(d).
(2) When granting a use variance, the Commission may prescribe any conditions or safeguards that it deems necessary to insure that the applicant will comply with the terms of the variance, and to preserve the spirit and intent of the Code.
(d) To review and approve or disapprove amendments to the regulations, restrictions, and boundaries set forth in this Code.
(e) To review at least once each year the regulations, restrictions, and boundaries set forth in this Code to determine whether same are consistent with the Vision and the public purposes specified herein, in order to make recommendations to Council where necessary; the first such annual review shall be completed not later than December 31, 1997.
(f) To review and recommend to Council approval or disapproval of plats for the subdivision and resubdivision of any major subdivision.
(g) To review and approve or disapprove an application for a Mixed Use Overlay according to the criteria set forth in Chapter 1135.
(h) To review and approve or disapprove an application for a Planned Development according to the specific criteria set forth in Chapter 1156.
(i) To review and approve or disapprove parking plans submitted that do not meet the schedule of use and space requirements in Section 1143.05.
The Commission shall hold a public hearing within sixty (60) days after receipt of an application, request for determination, or referral before the Commission pursuant to this section.
(Ord. 36-14. Passed 1-20-2015.)
(j) If the Commission disapproves an application for demolition of a Landmark Property pursuant to the criteria set forth in Section 1133.09, the Commission, or its designee, along with the Director, Commissioner and other officials of the City, shall participate in negotiations with the owner or owners of such Landmark Property and any other interested party in an effort to find a means of preserving the property as follows:
(1) During the period of delay as set forth in Section 1133.09, the parties shall undertake meaningful and continuing discussions for the purpose of finding a method of saving such Landmark
(2) If the parties do not agree on a means of preserving the Landmark Property within the period of delay as set forth in Section 1133.09, the Commission, upon the expiration of such period, shall grant permission with respect to the proposed demolition or removal, and such permission shall immediately be communicated to the Commissioner for the purpose of issuing a necessary permit.
(k) To review and approve or disapprove an application for HPD or HP designations according to the specific criteria set forth in Chapter 1134.
(l) Within thirty (30) days after the public hearing required by subsection (i) herein, the Commission shall either approve, approve with supplementary conditions, defer, or disapprove the application, request for determination, or referral; the determination of the Commission shall be supported by findings stated on the record.
(Ord. 105-07. Passed 5-19-2008.)