§ 150.1415  ACTION BY COUNCIL.
   (A)   Council shall hold a public hearing on any appeal brought before Council under § 150.1413(A) or (B), or to review and confirm a development plan with equivalencies approved by the Planning Commission pursuant to § 150.1414(B). Such public hearing shall be held within 30 days of the date the appeal is appropriately filed with both the Planning Commission and the Clerk of Council, or within 30 days of the Planning Commission's written approval of the equivalencies as provided in § 150.1414(B).
   (B)   Notice of such public hearing shall be given by first class mail to the applicant/appellant and to the property owners within 300 hundred feet of the property to which the appeal relates, or to the property to which the development plan relates for which such equivalencies were granted. Such notification shall be sent to the names and addresses of such owners appearing on the County Auditor's current tax list. If the address appearing on the tax list is that of a lending institution or other person or entity clearly recognizable as not being the owner, then written notice shall be mailed to such institution, person, or entity at the listed address and to the named owners at the street address of the property. Further notice shall be given in one or more newspapers of general circulation in the City. Such written notice shall be mailed, and such publication shall be made, at least fourteen days before the date of said public hearing. All notices shall set forth the time, place and nature of the public hearing. Failure of the delivery of such notice shall not invalidate any action taken as a result of such public hearing. The Council may continue or defer its consideration and no further notice shall be required.
   (C)    Equivalencies Review. The purpose of Council's review of a development plan which contains equivalencies approved by the Planning Commission is to allow Council to confirm or deny the proposed equivalencies. In doing so Council shall rely upon the written findings of the Planning Commission granting such equivalency as required by § 150.1414(B) and such additional evidence as has been previously presented to the Planning Commission. Council shall accept no new evidence to support or oppose such equivalencies. At the public hearing the applicant shall be given an opportunity to make a statement in support of the equivalencies and Council may take further public comment concerning the recommendation of the Planning Commission and in support of or in opposition to the Planning Commission recommendation and the evidence considered. Within 30 days of the public hearing Council shall act upon the development plan according to the following:
      (1)   Council, by a majority vote, may confirm the recommended equivalency from the Planning Commission; or
      (2)   Council, by a majority vote, may remand the recommendation back to the Planning Commission for further study and review of items specified by Council. Any additional review must be completed by the Planning Commission within 30 days of its remand, after which a report of the Planning Commission's action shall be returned to Council. Council shall then act upon the return of the remand within 30 days, or
      (3)   Council, by five concurring votes, may approve a modification of the recommended equivalencies from the Planning Commission; or
      (4)   Council, by five concurring votes, may reject the recommended equivalencies from the Planning Commission.
   Council's failure to act within 30 days of the public hearing or within 30 days of the return of the remand to Council from the Planning Commission; whichever is later, shall be deemed a confirmation of the Planning Commission's recommended equivalencies.
   (D)   Appeal Under § 150.1413(A)(3). At a public hearing, upon any appeal brought before Council, under § 150.1413(A)(3), Council's review shall be limited to a review of the written findings from the Planning Commission denying such application and such other evidence as has been previously submitted to the Planning Commission for their consideration. Council shall accept no new evidence at such appeal hearing. At the hearing, Council shall allow the Applicant/Appellant the opportunity to comment upon the evidence and the decision of the Planning Commission and Council may take further public comments either in support of or in opposition to the denial by the Planning Commission and the evidence considered. Within 30 days of Council's hearing on such appeal, Council shall act according to the following:
      (1)   Council, by majority vote, may affirm the decision of the Planning Commission denying the site plan; or
      (2)   Council, by majority vote, may remand the appeal back to the Planning Commission for a further study and review of items specified by Council. Any additional review by the Planning Commission must be completed within 30 days of its remand, after which a report of the Planning Commission's action shall be returned to Council. Council shall act upon the return of the remand within 30 days; or,
      (3)   Council, by five concurring votes, may overrule the denial by the Planning Commission approving the application as submitted or with such additional modifications as Council may approve by five concurring votes;
   Council's failure to act within 30 days of the public hearing, or within 30 days of the return of the remand to Council from the Planning Commission, whichever is later, shall be deemed a denial of the appeal of the Planning Commission's decision.
   (E)   Appeal Under § 150.1413(B). At a public hearing upon an appeal brought before Council under § 150.1413(B), Council's review shall be limited to review of the evidence as has been previously submitted to the Planning Commission for their consideration and from which no action was taken by the Planning Commission in a timely manner. Council shall take no new evidence at such appeal hearing. Within 30 days of Council's hearing on such appeal, Council shall act according to the following:
      (1)   Council, by majority vote, may remand the appeal back to the Planning Commission for a further study and review of items specified by Council. Any additional review by the Planning Commission must be completed within 30 days of its remand after which a report of the Planning Commission's action shall be returned to Council. Council shall then act upon the return of the remand within 30 days.
      (2)   Council, by five concurring votes, may approve the development plan as submitted to the Planning Commission or as submitted to the Planning Commission with such additional modifications as Council may establish by five concurring votes. If the proposed plan includes any equivalencies, Council must find support for such equivalencies consistent with the standards set forth in § 150.1414(A)(1) - (A)(3). If Council fails to approve the development plan by 5 concurring votes, the proposed plan is then denied, unless Council by the affirmative vote of four or more members refers the appeal back to the Planning Commission as provided in division (1) above.
   Council's failure to act within 30 days of the public hearing or 30 days of the return of the remand to Council from the Planning Commission, which ever is later, shall be deemed a denial of the proposed plan.
(Ord. 5-2005, passed 3-23-05)