The purpose of the Planned Unit Development ("PUD") Regulations is to encourage and allow more creative and efficient design of land developments than is possible under subdivision and district zoning requirements. The PUD Overlay District is intended to allow substantial flexibility in planning and design. This flexibility often accrues in the form of relief from compliance with conventional subdivision regulations and zoning ordinance site and design requirements. This flexibility should result in a development that is more compatible and harmonious with the natural environment, surrounding land uses, and the goals, objectives, and policies of the community. An intrinsic premise upon which approval of a PUD plan is conditioned is that while greater density or more lenient siting requirements may be granted, the PUD should contain features not normally required of traditional developments.

(Ord. 4-2005, passed 3-23-05)

   The PUD District is an overlay of alternative regulations, including procedures and standards that are applicable to all land within the jurisdiction of these regulations in accordance with the provisions of this chapter. The PUD Overlay District is established on the official zoning map in accordance with Chapter 151.01 following the zoning amendment process outlined in the Land Usage Code. This overlay district enables individual property owners to request approval on their property in accordance with the provisions of this chapter. Each PUD District is delineated on the zoning map with a specific reference number identifying each separate district.

(Ord. 4-2005, passed 3-23-05)

   The uses permitted in a planned unit development overlay must be either permitted by right or conditionally permitted in the underlying zoning district. Residential uses are permitted in the LB and GB Districts as part of a mixed use development pursuant to the regulation in Chapter 151.20. Office and commercial uses may be permitted in a residential district only as an accessory use intended to provide services to meet the needs of the PUD residents. In these instances, office and commercial use are restricted to 5% of the gross square footage of the entire PUD and the area (building footprint and outdoor use) shall not be more than 3% of the gross land area of the PUD.

(Ord. 4-2005, passed 3-23-05)

   Applications for Planned Unit Developments must meet the following minimum standards:

   (A)   The minimum land area for a PUD is two acres;

   (B)   The site area of the proposed PUD must be under single ownership and/or unified control;

   (C)   The PUD must be generally consistent with the City of Montgomery Comprehensive Plan.

   (D)   Project perimeter setbacks must be equal to or greater than the setbacks required in underlying zoning district, including buffer requirements.

(Ord. 4-2005, passed 3-23-05)

   In order to receive approval of a Planned Unit Development Overlay designation, the applicant must demonstrate that the following principles are met:

   (A)   Compatibility with surrounding land uses. The proposed uses in the Planned Unit Development are consistent with the current or proposed underlying zoning and are compatible with the uses on abutting properties and the area in general. The uses must be of a type and so located as to cause no undue detrimental impact on surrounding properties.

   (B)   Density. The residential density of the Planned Unit Development should not exceed 150% of the residential density requirements of the underlying district. The residential density in a mixed use development in the OM Outer, LB, or GB District shall be established by the City of Montgomery as part of the PUD approval. Any increase in density should be related to a corresponding increase in the amount of open space provided, and should not result in a significant increase in impervious surface coverage from what would normally be expected under standard zoning.

   (C)   Open space. The Planned Unit Development shall provide for the reservation, within the tract to be developed, of a significant amount land area as common public open space. This may include such areas as pedestrian corridors between different uses, public gathering places, park land, or sensitive environmental areas. This common open space shall be conveyed to a legally established property owner association or trust, unless it is determined by the city that it should be publicly dedicated. The area shall be in such a composition and configuration as to be desirable as a gathering space or passage way, and should not consist of isolated or fragmented pieces of land that provide no public use or benefit. In general, PUD site plans should demonstrate a minimum of 20% of gross land area as open space, exclusive of private streets, parking areas, sidewalks that are an integral part of a specific use, or the required perimeter setbacks. Not more than 50% of the open space may be designated for storm water detention or retention basins.

(Ord. 4-2005, passed 3-23-05)

   (A)   Pre-application process. Prior to preparing or submitting a complete application for a PUD Overlay approval, an applicant should meet with the Community Development Director or other administering official to present the concept of the proposed development and to discuss the procedures and standards for development plan approval. The intent of this conference is to facilitate the filing and consideration of an innovative development plan and complete application and to outline for the applicant the review process and general PUD standards. No representation made by the Community Development Director or Administrative Official during such conference or at any other time shall be binding upon the city with respect to the application subsequently submitted.

   (B)   PUD application and general development plan submittal. An applicant for a PUD Overlay shall file an application on a form or forms provided by the city. The application shall include all of the information required for a general development plan identified in Chapter 150.14 plus the following additional information:

      (1)   A project narrative explaining the basis for the request for PUD designation.

      (2)   A summary table comparing the proposed residential dwelling unit density of the development to the underlying or proposed underlying zoning density regulations.

      (3)   A summary table analyzing the amount of common open space proposed with a designation that allows individual areas to be identified on the site plan and designates which land, if any, is intended to be publicly dedicated. Land that is to remain in private ownership controlled by a property association or trust should be identified and the proposed covenants outlined.

      (4)   Identification of what rights of way is to be dedicated and if private streets or alleys are proposed.

      (5)   A summary table outlining what other variances from subdivision and zoning regulations are being requested (i.e.: building height, lot width, setbacks, sidewalk or road construction standards, etc.)

      (6)   Evidence of legal control of the property to be designated for the PUD.

      (7) The proposed schedule of site development, construction of structures and associated facilities. If the PUD is a large tract of land that will be developed in multiple sections, the proposed schedule should reflect the anticipated timing for submittal of final development plans for each section.

      (8)   Proposed general lighting plan for streets, parking areas and outside activity and/or storage areas.

      (9)   Preliminary landscape plan, with particular emphasis on perimeter buffer landscaping, park and open space landscaping, and parking area landscaping.

      (10)   Preliminary storm water detention plan as part of a finish grading plan.

      (11)   PUD application fee as established by City Council.

   (C)   Staff review and notification procedures. The PUD application and general development plan will be reviewed in accordance with the review procedures for general and final development plans outlined in Chapter 150.14.

   (D)   Planning Commission review of a PUD general development plan. The Planning Commission shall review a PUD application and general development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendations of staff, consultants, and testimony at the public meeting when reviewing the application. In order to approve a PUD application and general development plan, the Planning Commission shall apply the following general standards:

      (1)   The application is consistent with the standards for general development plans outlined in Chapter 150.14.

      (2)   The proposed development is served adequately and efficiently by essential public facilities and services including road systems, water, sewer, gas, and electric services.

      (3)   Internal streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic and there is adequate and appropriate ingress and egress to public thoroughfares adjacent to the development.

      (4)   Internal circulation allows efficient pedestrian access within the development.

      (5)   The phasing plan of the development is appropriate and the development can be substantially completed within the period of time specified in the schedule submitted by the applicant.

      (6)   Proposed modifications of the standard regulations of the subdivision or zoning code are warranted by the innovative design of the development plan and are not simply for the convenience or economic benefit of the applicant.

      (7)   Proposed modification of any subdivision or zoning regulation has been compensated for by an increase in other site amenities that exceed the minimum requirements established for standard developments.

      (8)   Adequate provision has been made for the ownership and on-going maintenance of designated public open spaces and buffer zones, as well as any private drives, pedestrian walkways, or storm water management facilities.

      (9)   The proposed open space and improvements to be publicly dedicated are appropriate for public acceptance and are of such construction and configuration that they do not create an undue burden to access or maintain.

      (10)   The proposal provides adequate lighting to provide security throughout the development while still being consistent with the lighting standards of §§ 151.1213 and 151.3212 or successor sections of the Land Usage Code.

      (11)   The proposed development provides a desirable landscaping plan for interior parking areas, common areas, and perimeter buffer zones.

      (12)   The storm water management plan is desirable and sufficient to meet city regulations related to both storm water quantity and quality.

   (E)   Action by Planning Commission. The Planning Commission shall act on an application for PUD and general development plan approval in accordance with the provisions for amendments to the zoning code specified in Chapter 150.22. The Commission shall present a written findings of fact outlining the basis of their recommendation.

   (F)   Public hearing and notice by Council. Upon receipt of the recommendation from Planning Commission, Council shall set a time within 60 days for a public hearing on the proposed amendment. Notice of the public hearing shall be provided according to the requirements for zoning amendments.

   (G)   Action by Council. At the conclusion of the public hearing, Council shall consider the evidence provided at the hearing along with the comments and recommendations of staff and the written findings of fact of the Planning Commission and shall act on the application in accordance with the requirements of Chapter 150.22 for zoning amendments.

   (H)   Effect of Council PUD application and general plan approval.  

      (1)   The approval of a PUD application and general development plan represents approval of a change in the zoning map of the City of Montgomery. Thirty days following the approval by Council of a PUD application and general development plan approval, the city shall cause the zoning map to be amended to represent the PUD approval and provide a designation and number on the zoning map for the PUD. The general development plan is adopted as part of the zoning amendment and becomes part of the ordinance adopting the PUD.

      (2)   The approved development plan may not be transferred by the applicant to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit, without the written approval of the City Council which shall be done by resolution. A request for such a transfer or change of ownership shall be presented to the Planning Commission for recommendation to Council and granted by Council only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original PUD application. The ordinance approving such PUD and general development plan shall acknowledge this procedure for assignment of the PUD rights.

   (I)   Expiration of PUD and general development plan approval. An approved PUD application and general development plan shall remain valid for a period of 12 months following the effective date of its approval. This period may be extended for up to six months by the Planning Commission, after demonstration of just cause by the applicant. If at the end of that time, a final development plan has not been submitted, then the PUD application and general development plan shall expire and shall be of no effect unless resubmitted and approved in accordance with the previous provisions of this chapter. The ordinance approving such PUD and general development plan shall acknowledge this termination procedure.

(Ord. 4-2005, passed 3-23-05)

   After the effective date of the approval of the PUD application and general development plan, the applicant may submit a final development plan for the total development or for sections as outlined in the approved phasing plan of the general development plan. A final development plan must be consistent with the general development plan and must be submitted within 12 months to the Community Development Director or other authorized official.

   (A)   Submittal requirements for final PUD development plan. An applicant for PUD final development plan approval shall file an application on a form provided by the city. The application shall include all the information required for a final development plan identified in Chapter 150.14 plus the following additional information:

      (1)   A project narrative describing how the final development plan is consistent with approved general development plan.

      (2)   A summary table confirming the proposed residential dwelling unit density is consistent with the approved PUD application and general development plan.

      (3)   A summary table depicting precisely the amount of common open space proposed with a designation that allows individual areas to be identified on the site plan and designates which land, if any is intended to be publicly dedicated. Land that is to remain in private ownership controlled by a property owner association or trust should be identified. Draft covenants for the property owners association or other authority must be submitted.

      (4)   A summary table identifying the precise amount and nature of any modifications from subdivision and zoning regulations that were approved as part of the general development plan approval.

      (5)   Final development plan fee as established by Council.

   (B)   Staff review and notification procedures. The final development plan will be reviewed in accordance with the review procedures for general and final development plans outlined in Chapter 150.14.

   (C)   Planning Commission review of final PUD development plan. Planning Commission shall review the final PUD development plan to determine if it is consistent with the approved PUD application and general development plan. The Commission shall review the application based on the design and conditions attached to the approved PUD application and general development plan and make written findings of fact as to whether the final development plan and conditions are consistent with the approved general development plan and associated conditions.

   (D)   Action by Planning Commission. The Planning Commission shall act on the PUD final development plan application in accordance with the procedures outlined in Chapter 150.14.

(Ord. 4-2005, passed 3-23-05)

   A denial of the PUD final development plan can be appealed to Council pursuant to the procedures outlined for appeals of other final development plans in Chapter 150.14.

(Ord. 4-2005, passed 3-23-05)

   An approved PUD final development plan shall become for the proposed development a binding commitment of the specific elements approved for the development. If the PUD includes the subdivision of land, a final plat must be prepared and submitted to Planning Commission for signature in accordance with the platting provisions for subdivisions in Chapter 156.02. A final record plat must be submitted for at least the first section of the development within 18 months of the approval of the final development plan.

(Ord. 4-2005, passed 3-23-05)

   (A)   An approved PUD final development plan that does not require a final plat shall remain valid for a period of 12 months following the effective date of its approval. This period may be extended for up to six months by the Planning Commission, after demonstration of good cause by the applicant. If at the end of that time a building permit has not been issued, then the PUD application general development plan and final development plan shall expire and be of no effect unless resubmitted and approved in accordance with the previous provisions of this chapter. If the building permit expires without construction having been started, the PUD application and subsequent plans shall expire and must be resubmitted and approved in accordance with this chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.

   (B)   An approved PUD that does require a final plat due to subdivision of the property shall remain valid for a period of six months following the recording of the final plat. If after that time bonds have not been secured and construction begun on required public improvements, then the PUD application, and subsequent plans shall expire and will require resubmittal and approval in accordance with the provisions of this chapter. Building permits must be issued within six months of approval of a final plat that does not require construction of public improvements, or six months following the beginning of construction of public improvements.

(Ord. 4-2005, passed 3-23-05)

   Modifications to an approved PUD final development plan may be considered to be minor modifications, significant modifications, or major modifications.

   (A)   Minor modifications. The Community Development Director or other authorized official may authorize minor modifications to a PUD final development site plan. Minor modifications shall be the minimum necessary to overcome a particular difficulty or to achieve a more functional and desirable use of the property than was initially anticipated. These modifications have become necessary because of field conditions, detailed engineering data, topography or critical design criteria. Minor modifications may include adjusting the size and location of drainage ways, sewers, circulation elements, retaining walls, or similar features and to substitute, without reducing, landscape materials. Minor modifications may also include structural dimensional changes provided they do not increase building heights by more than ten feet, floor area by more than 5%, decrease the number of parking spaces by more than 10%, or allow buildings closer to the property lines. No minor modification shall result in a violation of any subdivision or zoning requirement or any variance from these requirements granted by a condition of the PUD approval. The Community Development Director or other authorized official may deem any request for a minor modification to be a significant modification and refer the request to the Planning Commission for determination under the provisions set forth below.

   (B)   Significant modifications. The Planning Commission may authorize modifications to the PUD final development plan provided that the modifications are consistent with the approved PUD and general development plan approved by Council. The applicant shall submit significant modifications for Planning Commission consideration pursuant to the procedures for final development plan approval outlined in this chapter. If the Planning Commission determines that the proposed modification is not consistent with the approved PUD and general development plan, they will deny the modification and direct the applicant to submit a revised general development plan to Council.

   (C)   Major modification. Council may approve major modifications to a previously approved PUD application and general development plan. Any modification that does not meet the standards for a minor or significant modification shall be considered a major modification and require approval by Council according to the procedures outlined herein for initial approval of a general development plan.

(Ord. 4-2005, passed 3-23-05)

   (A)   Appeal of decision of Community Development Director or other authorized official. Any party aggrieved by the administrative decision of Community Development Director or other authorized official may appeal the decision to the Planning Commission. The appeal must be filed within 14 days of the date of the written decision. The Planning Commission will hear the appeal within 30 days of receipt of the appeal.

   (B)   Appeal of decision of Planning Commission. Any party aggrieved by the administrative decision of the Planning Commission may appeal the decision to City Council pursuant to the procedures outlined in Chapter 150.14.

(Ord. 4-2005, passed 3-23-05)

   An Interim Development Control (IDC) Overlay District is intended to temporarily regulate the establishment of uses, construction of new buildings and demolition or alteration of existing structures in areas where the adoption of amendments to the Land Usage Code have been proposed in a comprehensive plan, community plan, urban design plan or urban renewal plan.

(Ord. 2-2005, passed 3-23-05)

   An IDC Overlay District may be applied to any district or part of a district within the city. It is adopted as an amendment to the zoning map. This Overlay District shall be shown on the zoning map by an IDC designator applied to the base district designation. Where inconsistencies exist between the IDC Overlay District regulations and other provisions of the Land Usage Code or the Municipal Code, the IDC Overlay District regulations shall apply.

(Ord. 2-2005, passed 3-23-05)

   Council may establish an IDC Overlay District on finding that:

   (A)   Proposed amendments. Map amendments to the Land Usage Code have been proposed in a comprehensive plan, urban design or urban renewal plan, or community plan presented to the City Planning Commission, or zoning text amendments are being considered by the City Planning Commission.

   (B)   Study and review. The proposed amendments may substantially affect permitted uses and or development standards in the area of consideration and will require the study and review by the City Planning Commission, City Administration and Council prior to adoption.

   (C)   Public interest. The protection of the public interest requires that interim development controls be imposed during the period of study and review by the City Planning Commission so as not to impair the substance and purpose of the planning under consideration.

(Ord. 2-2005, passed 3-23-05)

   The ordinance to adopt an IDC Overlay District must:

   (A)   Applications subject to review. Specify which of the following permit applications are to be reviewed by the City Planning Commission. The applications may include:

      (1)   Permits for new construction, demolition of existing structures, exterior alterations or additions to existing structures and changes in use.

      (2)   Permits for signs.

      (3)   Permits for site improvements.

      (4)   Permits for the construction or reconstruction of streets or sidewalks.

      (5)   Subdivision improvement plans.

      (6)   Excavation and fill permits.

      (7)   Certificate of approval.

   (B)   Application review guidelines. Adopt application review guidelines for each application subject to review to provide the City Planning Commission with criteria for the exercise of its authority, as granted in this chapter.

   (C)   Administrative review. Designate the city department, or official responsible for conducting the administrative review of these applications. Council may also provide a standard for review and approval of minor alterations within the proposed district, which minor alterations shall not be subject to the Planning Commission review process outlined herein.

(Ord. 2-2005, passed 3-23-05)

   Council by resolution may establish IDC Overlay Districts to remain in effect for three months without prior notice, advertisement or public hearing. The Zoning Administrator has the duty to give notice of the establishment of the district within 14 days of the establishment of an IDC Overlay District, by placing an advertisement in a newspaper of general circulation and sending ordinary mail notice to the owners of record of all parcels of property within the overlay district as such ownership is listed in the tax records of the Hamilton County Auditor. Failure of delivery of such notice shall not invalidate any action taken by Council.

(Ord. 2-2005, passed 3-23-05)

   (A)   Authority. Upon a recommendation from the Planning Commission, Council by ordinance may establish IDC Overlay Districts to remain in effect for one year, or extend IDC Overlay Districts established pursuant to Section 5 for nine additional months. Such recommendation from the Planning Commission may arise from a public meeting of the Commission. The Planning Commission is not required to provide advanced published notice or ordinary mail notice before taking such action. Any notice of the Planning Commission's intended action shall be the notice ordinarily required for any public meeting of the Commission.

   (B)   Procedure. To establish an IDC for a period of one year or to extend a three month designation for an additional nine months, Council shall hold a public hearing to review the recommendation of the Planning Commission. Notice of the date, time, place and purpose of such hearing shall be published in an advertisement in a newspaper in general circulation within the city once a week for two consecutive weeks on the same day of the week, the first of which shall be published at least 14 days in advance of the date of the required hearing. Notice of the date, time, place and purpose of the hearing shall also be sent by ordinary mail at least 14 days in advance of the required hearing to the owners of record of all parcels within the overlay district in question as such ownership appears in the records of the Hamilton County Auditor, and such notice may be contained within the notice implementing the Overlay District as required by § 151.1317. The failure of delivery of such notice shall not invalidate any action taken by Council.

   (C)   Council findings. At the public hearing to extend or implement the Overlay District, Council must find that:

      (1)   Ongoing study. The City Planning Commission is studying proposed Land Usage Code or map amendments that would affect the area within the IDC District;

      (2)   Study completion. The study is not yet completed, but may reasonably be expected to be completed and Land Usage Code amendments enacted within the year; and

      (3)   Inconsistent uses. There is a prospect of changes in use, construction of new structures or alteration or demolition of existing structures that would be inconsistent with preliminary objectives or findings for the area approved by the City Planning Commission.

   (D)   Council action. After the public hearing if Council finds that there is justification to either establish or extend an IDC district, Council may enact legislation to complete such designation, which ordinance by Charter may not be passed as an emergency. Provided, however, at Council's election, according to its rules, such ordinance may be read at one presentation with a suspension of the rules.

(Ord. 2-2005, passed 3-23-05)

   Council may extend the duration of an IDC Overlay District by an additional six months, provided that an IDC Overlay District may not remain in effect for more than two years from the date it was first established. Notice of a proposed extension is to be given and a public hearing held in accordance with § 151.1318 above. Council may only adopt an IDC Overlay District extension after receiving an affirmative recommendation from the City Planning Commission and finding that the following three standards are met:

   (B)   Study incomplete. The City Planning Commission has not yet completed the consideration of the proposed Land Usage Code amendments or map changes that would affect the allowable land uses and/or development standards within the IDC Overlay District; and

   (C)   Inconsistent uses. There is a prospect of change in use, construction of new structures or alteration or demolition of existing structures that would be inconsistent with preliminary objectives or findings for the area approved by the City Planning Commission.

(Ord. 2-2005, passed 3-23-05)

   The City Planning Commission has the duty to review applications in an established IDC Overlay District as specified in the legislation that enacted the IDC Overlay District. A permit made subject to review pursuant to the legislation establishing the IDC District may not be issued unless approved by the City Planning Commission and/ or Council pursuant to the procedures and standards for interim review set forth within the establishing legislation.

(Ord. 2-2005, passed 3-23-05)

   (A)   Standards for review. The administrative reviewer appointed pursuant to § 151.1316(C) has the duty to prepare an advisory report that evaluates whether the proposed work is in compliance with the application review guidelines adopted. The administrative reviewer has the duty to file the report with the City Planning Commission within 30 days of the date of receipt of a completed application.

   (B)   Procedure for review. The City Planning Commission may approve applications in an established IDC Overlay District if the proposed work is in compliance with the application review guidelines adopted pursuant to the establishing legislation as required by § 151.1316(B) herein on finding that:

      (1)   Proposed work permitted by current and proposed zoning. The proposed use is permitted or conditionally permitted in the base district, the use conforms to all standards and performance criteria of the Land Usage Code and does not conflict with any proposed amendment to the Land Usage Code then under consideration by the City Planning Commission or Council.

      (2)   Proposed development compatibility. The proposed development is compatible with the predominant or prevailing land use, building and structure patterns in the surrounding neighborhood and community.

      (3)    No detrimental effect to the public. The proposed development is not detrimental to the public peace, health, safety or general welfare.

      (4)   No adverse effect on adjoining properties. The Planning Commission shall consider the impact such development shall have upon adjoining properties to assure that such development shall:

         (a)   Not adversely impact access to police and fire protection, public facilities and services, and light and air.

         (b)   Not adversely impact traffic conditions in the area to have a negative effect on ingress, egress and accessibility of adjoining properties to public roadways or public transportation.

         (c)   Not adversely impact the ability to develop and use adjacent land, structures and buildings.

(Ord. 2-2005, passed 3-23-05)

   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)