(A) Council shall hold a public hearing to review and confirm a conditionally permitted use accepted by the Planning Commission or upon any appeal brought before Council under § 150.1607(A)(2) or (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 a conditionally permitted use.
(B) Notice of such public hearing shall be given by first class mail to the applicant/appellant and to the property owners within 300 feet of the property to which the application applies. 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 14 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. Council may continue or defer its consideration and no further notice shall be required.
(C) Council Confirmation. Following a recommendation for approval by the Planning Commission, the application shall be submitted to Council for confirmation. The purpose of Council's review shall be to review and confirm or deny the recommendation of the Planning Commission. In doing so, Council shall rely upon the findings of the Planning Commission and on such additional evidence as has been previously presented to the Planning Commission. Council shall accept no new evidence to support or oppose such conditionally permitted use. At the public hearing the applicant shall be given an opportunity to make a statement in support of the application and Council may take further public comment concerning the recommendation of the Planning Commission and in support of or in opposition to any evidence previously presented to the Planning Commission. Within 30 days of the public hearing Council shall act upon the application according to the following:
(1) Council, by a majority vote, may confirm the recommended conditionally permitted use; or
(2) Council, by a majority vote, may refer 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 and returned to Council within 30 days of its remand or if the Planning Commission shall fail to act within such 30 day period the matter shall be returned to Council for final decision; or
(3) Council, by five concurring votes, may approve a modification of the Planning Commission recommendation for the conditionally permitted use. A modification shall include any additional conditions which Council may wish to impose which were not originally imposed by the Planning Commission; or
(4) Council, by five concurring votes, may reject the recommended conditionally permitted use.
Council's failure to act within 30 days of the public hearing, or 30 days following the return of the remand from the Planning Commission, whichever is later, shall be deemed a confirmation of the Planning Commission's recommended conditionally permitted use.
(D) Council Appeal. At a public hearing upon any appeal brought before Council from § 150.1607(A)(2), Council 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 its consideration. If an appeal is brought to Council pursuant to § 150.1607(B) as a result of the Planning Commission's failure to act in a timely manner, Council shall only consider such evidence as has been previously submitted to the Planning Commission for its consideration. Council shall consider no new evidence under either appeal. Under either appeal, Council shall allow the applicant/appellant the option to comment upon the evidence and/or recommendation from the Planning Commission and Council may take such additional comments from the public at such hearing either in support of or in opposition to the decision of the Planning Commission and any evidence previously presented. Within 30 days of Council's hearing on such appeal, Council shall act according to the following:
(1) Upon an appeal brought pursuant to § 150.1607(A)(2), Council by majority vote may affirm the decision of the Planning Commission from which such appeal is taken.
(2) On an appeal brought pursuant to § 150.1607(A)(2) or (B), 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 must be completed by the Planning Commission within 30 days of its remand. At the end of that thirty day period, whether or not a decision has been made by the Planning Commission, the matter shall be returned to Council with a report of any action by the Planning Commission and Council shall then act within 30 days of such remand.
(3) On an appeal brought pursuant to § 150.1607(A)(2). Council by five concurring votes may overrule the denial of the application by the Planning Commission and approve the application as submitted or approve the application with such additional modifications as Council may decide are appropriate with such five concurring votes.
(4) On an appeal brought pursuant to § 150.1607(B), Council by five concurring votes may approve the application as submitted to the Planning Commission or as submitted to the Planning Commission with such additional modifications as Council may decide are appropriate by five concurring votes. If there are fewer than five votes to approve the application as appealed, the application shall be considered denied unless Council by the affirmative vote of four or more members elects to remand the appeal back to the Planning Commission as provided in division (2) above.
Failure of Council to act within 30 days of the public hearing on appeal or within 30 days of the return of an application to Council following a remand to the Planning Commission, whichever is later, shall be deemed to be a denial of the appeal if such appeal is brought pursuant to § 150.1607(A)(2) or approval of the application as submitted if the appeal was brought pursuant to § 150.1607(B).
(Ord. 5-2005, passed 3-23-05)