After receiving an advisory report from the administrative reviewer, the City Planning Commission has a duty to consider applications for permits according to the following procedure:
(A) Public hearing. The City Planning Commission has a duty to hold a public hearing on an application within 30 days of receiving the advisory report prepared pursuant to § 151.1321 herein. Notice of such hearing shall be sent to the applicant and the owners of record of all properties situated within 300 feet of the proposed development site. Additional notice shall be provided by advertisement in a newspaper of general circulation within the community. Such notice of hearing shall be mailed, and newspaper notice shall be published, no less than 14 days in advance of the scheduled hearing.
(B) Exceptions from the underlying zone district regulations. The City Planning Commission may grant exceptions from the underlying zone district regulations other than those relating to use, when the exceptions are consistent with the application review guidelines adopted pursuant to §§ 151.1316 and 151.1321 herein.
(C) Decision of the City Planning Commission. The City Planning Commission has a duty to make a decision on the application within 14 days of the close of the public hearing. It is recognized that the Planning Commission may not complete its public hearing at one meeting and the 14-day period shall begin to run once the Planning Commission has closed consideration of the application and taken the issue under advisement. In any event, if the Planning Commission fails to act upon the application within 120 days from the date the application was received by the Community Development Department and determined to be administratively complete, the applicant may deem the application to have been denied and take the appropriate steps to appeal such denial as set forth herein. The application may be approved subject to conditions necessary to insure that the development plan is lawful and in the public interest. If the application is disapproved, the reasons must be stated in writing as findings of fact. The City Planning Commission has a duty to approve an application that maximizes both the public interest and private benefits generally.
(D) City Council review. If the underlying district regulations qualify the proposed use as a conditionally permitted use, then Council shall review the final decision of the Planning Commission upon such interim development application consistent with the standards for conditionally permitted use review under Chapters 150.16 and 151.20 of the Land Usage Code. If the Planning Commission grants exceptions to the underlying zoning district regulations as authorized by division (B) above, then the Planning Commission decision shall be reviewed by City Council as if such exception were granted as an equivalency pursuant to the procedures of Chapter 150.14 of the Land Usage Code. If the application is denied by the Planning Commission, the applicant may file a notice of appeal within 14 days of the written decision by the Planning Commission, which notice of appeal shall be filed with both the Secretary of the Planning Commission and the Clerk of Council. Such matter shall then be reviewed on appeal similar to the procedures outlined for an appeal of the denial of a site plan pursuant to Chapter 150.14 of the Land Usage Code.
(Ord. 2-2005, passed 3-23-05)