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(a) Action by Planning Commission. The Commission shall review the application for conformance with the provisions of this Code, including the standards set forth in Section 1298.07, Standards for all Conditional Uses, and, as applicable, of Section 1298.08, Standards for Specific Conditional Uses, and shall, within a reasonable time after conclusion of the public hearing, take one of the following actions:
(1) Approve the proposed conditional zoning certificate and site plan. In granting approval, the Planning Commission may establish appropriate conditions and safeguards which are more strict than the requirements of this Zoning Code, and which are in conformance with the intent and purposes of this Zoning Code for the protection of nearby property and the public health, safety and general welfare.
(2) Deny the application, stating in the motion for denial the reason(s) for disapproval.
(b) Notice to Council; Action by Council.
(1) Within three days after the Planning Commission takes action to approve a conditional zoning certificate, the Secretary of the Commission shall forward notice to the Clerk of Council. The conditional zoning certificate shall be placed on the agenda of the next regularly scheduled meeting of Council (or at a special meeting of Council) for review if, within five days after receipt of notice by the Clerk of Council, three or more members of Council give written notice to the Clerk requesting review. The regularly scheduled meeting or the special meeting shall be held not less than 30 days after the members of Council give notice requesting review.
(2) Council shall, within 30 days (or a longer period with the consent of the applicant) after the first Council meeting at which the certificate is reviewed, take action to affirm, amend, or deny the certificate. Council shall only amend or deny the certificate by a concurring vote of five or more members. The Clerk of Council shall notify the applicant and the Planning Commission of the action of Council.
(c) Issuance. If the Planning Commission approves the conditional zoning certificate, then the Zoning Inspector shall be authorized to issue the conditional use permit ten days after the date of approval, except that, if the certificate becomes subject to Council review, issuance shall be delayed pending the action of Council. If the Commission denies the conditional use permit, then the Secretary of the Commission shall notify the applicant in writing and no further action shall be taken.
(Ord. 52-2002. Passed 9-23-02.)