(A) The Planning Commission shall take one of the following actions:
(1) If the proposed conditional use is determined by the Planning Commission to be appropriate and in conformance with the review criteria outlined in Chapter 151.20, the Planning Commission shall make specific findings of fact to support its recommendation. As part of the recommendation, the Planning Commission may proscribe appropriate conditions, stipulations, safeguards and limitations on the duration of the use as it may deem necessary and in conformance with the intent and purposes of Chapter 151.20. The Planning Commission may approve the application for the conditional use without approving the submitted development plan.
(2) If the proposed use is found not to comply with the specifications of this Zoning Code, the Planning Commission shall deny the application. The Planning Commission shall indicate in its records the reason(s) for its action. The applicant may then bring an appeal on such decision to the City Council pursuant to § 150.1608 if a Notice of Appeal is filed with the Planning Commission and the Clerk of Council within 14 days of the date the applicant's request is denied in writing by the Planning Commission.
(B) If the Planning Commission fails to act within 120 days from the date the application was deemed complete, or an extended period as may be agreed upon, then the applicant may deem the application denied. The applicant may then bring an appeal on such application to the City Council pursuant to § 150.1608 by filing a Notice of Appeal with the Planning Commission and Clerk of Council at anytime after the 120 days has passed and before any decision by the Planning Commission.
(Ord. 5-2005, passed 3-23-05)