(a) Similarity of Uses. The Planning Commission shall have the appropriate power and duty to determine if uses not specifically mentioned in this Zoning Code are similar to uses permitted in planned unit development districts. In no event shall a determination of similarity of use by the Planning Commission overrule a City Council determination of exclusion of uses from a specific PUD, and the ordinance originally granting or amending PUD zoning classification shall govern. If a PUD zoning classification application includes a list of intended uses, which requires a determination of similarity, the Planning Commission shall make such determination at the time of its review and recommendation on the PUD zoning application.
(b) PUD Special Uses. Notwithstanding Chapter 1117 of the Codified Ordinances, City Council shall have the appropriate power and duty to hear and decide upon applications for special uses, which are requested to be approved uses within a PUD. The Planning Commission shall make a recommendation of approval, denial, or approval with conditions for PUD special use applications. After receipt and consideration of the Commission recommendation, the Council shall either approve, deny or approve with conditions the special use application. In approving a PUD special use application, the Council may attach appropriate conditions and safeguards in conformity with the provisions of this Zoning Code and the Commission's recommendation. Approval of a special use application shall expire one year after the effective date of City Council approval, unless actual construction has started for the special use.
(Ord. 1474-02. Passed 9-26-02.)