An indoor recreation and entertainment facility;

A restaurant;

A retail sales and service facility as defined in Chapter 911 of Title 9 of the Pittsburgh Code at Section 911.02 and Section 911.04;

A facility providing laundry services as defined in Chapter 911 of Title 9 of the Pittsburgh Code at Section 911.02 and Section 911.04;

A vehicle/equipment sale or repair facility as defined in Chapter 911 of Title 9 of the Pittsburgh Code at Section 911.02 and Section 911.04;

A retail nursery;

A grocery store;

A firearms business establishment as defined in Chapter 911 of Title 9 of the Pittsburgh Code at Section 911.02 and Section 911.04;

A check cashing facility;

A pawn shop.

Limitations on Action. The body holding the hearing may take any action on the application that is consistent with the notice given, including approving such application, approving the application with conditions, approving in part, denying in part, or denying the application. The reviewing body may impose conditions on the application or allow amendments to the application if the effect of the conditions or the amendments is to allow a less intensive use or zoning district than proposed on the application or to reduce the impact of the development or to reduce the amount of land area included in the application. The review body may not approve a greater amount of development, a more intensive use or a more intensive zoning district than was indicated in the notice.

Continuance of Hearing. A hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this chapter, provided that the hearing is set for a date and time certain.

Mailed Notice. Notice required pursuant to this section shall be mailed to all abutting property owners, including those across streets or ways, based on ownership information available from the Allegheny County Board of Property Assessment, Appeals and Review. Notices shall also be mailed to Registered Neighborhood Associations and the official clerk or secretary of any other political subdivision within the required radius of notification. The notice shall indicate the time and place of the public hearing and provide a general description of the application. The minimum radius of notification and number of notices shall be as set forth for each type of approval below. The timing of the mailed notice shall be as indicated in this chapter.

Posted Notice. Notice required pursuant to this section shall be posted on weatherproof signs and placed on the property that is the subject of the application. At least one (1) sign shall be posted for each one hundred (100) feet of street frontage up to a maximum of ten (10) signs. Required signs shall be placed along the perimeter of the subject property in locations that are clearly legible from adjacent public streets. Required signs shall indicate the time and place of the public hearing, if appropriate, and provide a general description of the application. The timing of the posted notice shall be as indicated in this chapter. The applicant shall submit a photograph of the sign posted on the property to evidence compliance with the posting requirement.

Constructive Notice. Notice under this Code shall be deemed to be complete and in compliance with applicable requirements when there is substantial compliance with applicable notice requirements. Minor technical deviations from the requirements shall not be deemed to impair the notice where there is actual notice. When required written notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing and the general location of the subject property shall be strictly construed. In the event that questions arise at the hearing regarding the adequacy of notice, the body hearing the matter shall make a formal finding regarding whether there was substantial compliance with the notice requirements of this chapter.

Simplified Site Plan. Simplified Site Plans shall be required for the purpose of identifying the intended use or occupancy of a particular lot, the construction or alteration of all accessory structures as defined by Section 912.01, or for all extensions and additions to existing primary structures less than 2400 square feet in area, and shall accurately show, as a minimum, the following information:

Detailed Site Plan. Detailed Site Plans shall be required for the construction or alteration of all principal structures above two thousand four hundred (2,400) square feet in area and all signs as regulated by Chapter 919 and shall accurately show, as a minimum, the following information:

Documentation and Written Information in Addition to Plans. In addition to the written application and the plans, whenever the nature of the proposed development makes information or documents such as the following relevant, such documents or information shall be provided. The following is a representative list of the types of information or documents that may be requested by the Zoning Administrator:

Number of Copies of Plans and Documents. With respect to all plans and other documents required by this ordinance, the developer shall submit the number of copies that the Zoning Administrator deems necessary to expedite the review process and to provide necessary permanent records.

Record of Zoning Approval. A Record of Zoning Approval shall be required for all Development subject to the regulations of this code, except that the following actions may be exempted from obtaining a Record of Zoning Approval, unless located within a Chapter 906 Environmental Overlay District. Exempted actions still subject to enforcement for compliance with all relevant requirements within this code:

Certificate of Occupancy. A Certificate of Occupancy shall be required for the lawful use or occupancy of all land, structures or premises, or parts thereof, in all of the following circumstances:

A complete application for a Record of Zoning Approval shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator, along with a nonrefundable fee that has been established to defray the cost of processing development applications. No application shall be processed until the Zoning Administrator determines that the application is deemed complete and the required fee has been paid.

Each application for a Record of Zoning Approval shall be accompanied by plans as deemed necessary by the Zoning Administrator, to accurately assess compliance with the provisions of this code;

Where complete and accurate information is not readily available from existing records, the Zoning Administrator may require the applicant to furnish a survey of the lot by a registered engineer or surveyor.

Each property owner or authorized agent shall be required to attest to the correctness of the statements and add data furnished with the application.

A file of applications and plot plans shall be kept in the office of the Zoning Administrator.

Any Certificate of Occupancy application requiring Site Plan Review, Variances, Special Exception, Project Development Plan, Final Land Development Plan, or Conditional Use approval shall not be approved until the noted approval has been granted.

An application shall be deemed to be complete when all applicable plans, studies, reports and worksheets are submitted in a full and legible format with sufficient details of the proposed development to allow all reviews to be executed as required by the Zoning Administrator given the location and proposed scope of work.

At the time of a proposal for development, and prior to an application for a building permit pursuant to the provisions of the Building Code, or simultaneously with the application for a building permit for certain scopes of work and circumstances as defined by the Zoning Administrator;

At the time of a proposed change in use of land or structure;

Prior to the issuance of any permit for major excavation/grading/fill or for excavation for or erection of a structure or part thereof.

Or as otherwise determined by the Zoning Administrator as necessary based on the scope and type of the Application.

Issuance of Records of Zoning Approval and Certificates of Occupancy.

Records of Zoning Approval shall be issued only after the application has been approved by the Zoning Administrator with regard to compliance with the zoning ordinance.

Certificates of Occupancy shall be issued by the Building Code Official (BCO) of the Department of Permits, Licenses, and Inspections only after the application has been approved by the Zoning Administrator with regard to compliance with the Zoning Ordinance, and the Building Code Official (BCO) of the Department of Permits, Licenses, and Inspections is satisfied that the use or physical improvement is completed according to the approved application and the provisions of the Building Code and Zoning Code.

Building Code Permits. Approval of a Record of Zoning Approval shall be required prior to the issuance of any building code permit unless the scope of work is exempted in accordance with Section 922.02.A.1 or similar exemptions to limited scopes of work as defined by the Zoning Administrator and the Building Code Official (BCO) of Permits Licenses and Inspections.

Inspections. The Department of Permits, Licenses, and Inspections shall inspect the physical improvements for the purpose of determining compliance with the Record of Zoning Approval and/or Certificate of Occupancy application and the Building Code Permit.

During the completion of alterations or during partial occupancy of a duly permitted structure pending its completion, a Temporary Certificate of Occupancy may be issued. Such temporary certificates shall not be construed as altering the rights, duties or obligations of either the owners or the City with respect to the use or occupancy of the premises in question, or in any matter within the purview of this Zoning Code. The temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure safety of the occupants.; and

A Temporary Certificate of Occupancy may be issued for one-time special events on private property and shall be subject to review and approval by all agencies as deemed necessary based on the size and location of the event.

Records of Zoning Approval and Certificates of Occupancy Involving Physical Improvements. If the Record of Zoning Approval or the Certificate of Occupancy involves physical improvements that have not been substantially initiated within one (1) year of the date of approval or authorization approval of the application, the approval shall lapse. The approval shall also lapse if, after starting construction, the construction is discontinued for a period of one (1) year or more. No physical improvements shall be made after approval lapses unless the approval or authorization is renewed pursuant to Section 922.02.H.3.

Certificates of Occupancy and Records of Zoning Approval Not Involving Physical Improvements. If the Record of Zoning Approval or the Certificate of Occupancy does not involve physical improvements, and a Certificate of Occupancy has not been issued within one (1) year of the date of approval or authorization, the approval shall lapse. No Certificate of Occupancy shall be issued after approval lapses unless the approval or authorization is renewed pursuant to Section 922.02.H.3.

Renewal in the Event of Lapse. The Zoning Administrator may renew the application for which approval has lapsed provided that no more than one (1) year has elapsed since the date of the original approval or, in the case of discontinuance of work, since the date of discontinuance. A lapsed application shall not be renewed more than once. Renewal shall be made by written statement without requiring the filing of a new application or plot plan. Renewal shall have the same effect as the original approval. If no renewal is granted with the one-year period allowed for renewals, the original approval shall be void and have no further effect.

Project Development Plan Approval. If an applicant submits an application to the Zoning Administrator for approval of a Record of Zoning Approval or Certificate of Occupancy more than three (3) years after the date of approval of the Project Development Plan, the Zoning Administrator may require that planning studies be conducted to determine the current impact of the proposed development on the neighborhood and on the City. The Zoning Administrator may choose to have the Planning Commission review the development as a new application in accordance the review criteria of Section 922.10.E.2 as per Section 922.10.E.1.

No person shall sell or assist in selling, assist in buying or lend money or enter into any financial arrangement, for the sale of any real estate, including single-unit dwellings, without requiring that a certificate evidencing zoning classification and compliance has been obtained as required by applicable Pennsylvania Statutes.

All sellers of property shall advise the purchaser of the legal use of such property, and shall deliver to the purchaser not later than at the settlement held for such property, a Certificate stating the legal use and zoning classification for such property.

No person shall advertise or make any oral or written representation that property can be used in a manner that is inconsistent with the terms of the Zoning Code, unless such use of the property shall have been duly certified by prior issuance of a Certificate of Occupancy for such use.

Any new construction, building addition or enlargement or exterior renovation of an existing structure in the NDO, LNC, NDI, UNC or P district on a lot that has an area of two thousand four hundred (2,400) square feet or more;

Any new construction or building addition or enlargement or exterior renovation of an existing structure in the HC, UI or GI district on a lot that has an area of eight thousand (8,000) square feet or more;

Any off-street parking area in NDO, NDI, LNC, UNC, UI or P district that includes more than ten (10) parking spaces or more than two thousand five hundred (2,500) square feet of surface area;

Any construction (includes additions and rehabilitations) in the H district;

Any new construction, enlargement or renovation of a multi-unit residence of four (4) or more units; and

Any development requiring Site Plan Review listed in Section 911.04 - Use Standards.

Within fourteen (14) days of receiving a complete application, the Zoning Administrator may forward the application to the Planning Commission for recommendation of approval or denial based on the Site Plan Review Criteria of Section 922.04.E. The Zoning Administrator may also notify adjacent property owners of such action according to the Notice procedures of Section 922.01.C.

If the Zoning Administrator refers the completed application to the Planning Commission, the Zoning Administrator must take one (1) of the following actions within twenty-one (21) days of receiving the Planning Commission's recommendation:

If the Zoning Administrator chooses to review the site plan, and not forward the application to the Planning Commission for recommendation, the Zoning Administrator will conduct his review and make a recommendation to the applicant based on the Site Plan Review Criteria of Section 922.04.E. The Zoning Administrator may also notify adjacent property owners of such action according to the Notice procedures of Section922.01.C.

For all properties zoned UI, GI, and NDI, the following standards shall apply:

For all properties zoned HC, the following standards shall apply:

For all properties zoned UNC, LNC, and NDO, the following standards shall apply:

For all properties zoned other than those districts listed above or uses specifically required by the Code to undergo site plan review, the following standards shall apply:

(Reserved)

For all properties and uses that contain a new structure with a footprint area in excess of fifty thousand (50,000) square feet and are specifically required by the Code to undergo site plan review the following standards shall apply:

Additional Information. When determined by the Zoning Administrator, any additional information specific to the proposed use as deemed necessary by the Zoning Administrator or Planning Commission for adequate site plan review.

Conformance with Plans and Policy. Projects are required to be compatible and conform to any master plan, comprehensive plan or development strategy approved by the Planning Commission.

Text Amendments. An application for an amendment to the text of this Code may be proposed by the Planning Commission or City Council.

Map Amendments. An application to amend the boundaries of the Zoning District Map may be proposed by the City Council, the Planning Commission, the owner of the subject property or the owner's agent.

The consistency of the proposal with adopted plans and policies of the City;

The convenience and welfare of the public;

The intent and purpose of this Zoning Code;

Compatibility of the proposal with the zoning, uses and character of the neighborhood;

The suitability of the subject property for the uses to which it has been restricted without the proposed zoning map amendment;

The extent to which approval of the proposed zoning map amendment will detrimentally affect nearby property;

The length of time the subject property has remained vacant as zoned;

Impact of the proposed development on community facilities and services; and

The recommendations of staff.

Hearing and Action by City Council. City Council shall hold a public hearing on the Conditional Use application within forty-five (45) days of the Planning Commission's action on the application. After the public hearing, Council shall act to approve, approve with conditions, approve in part, deny or deny in part the application, within forty-five (45) days of the council hearing, In taking action, the City Council shall consider the criteria specified in Section 922.06.E. Where Council fails to render its decision within the period specified by this subsection, or fails to hold the required public hearing within forty-five (45) days from the date of the decision of the Planning Commission, the decision shall be deemed to have been rendered in denial of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision is rendered in denial of the applicant because of the failure of Council to meet or render a decision as hereinabove provided, the Zoning Administrator shall give public notice of said decision within ten (10) days, according to the provisions of Section 922.06.B. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal for reconsideration.

City Council Public Hearing Procedures. The City Council hearing shall be conducted in the following manner:

Following a report from a representative of the Department of City Planning, the applicant or applicant's representative shall be afforded the opportunity to describe the proposed conditional use and its expected impact before other speakers are allowed to testify.

At the conclusion of the public hearing, the applicant or the applicant's representative shall be afforded the opportunity to rebut testimony delivered during the hearing and/or make a closing statement. Abutting property owners shall also be afforded the opportunity to rebut testimony delivered during the hearing and/or make closing statements at the conclusion of the public hearing.

Notwithstanding the procedures set forth herein, Council may supplement same with such additional procedures as it shall deem necessary to assure a fair and adequate hearing.

Recusal Required. Any Council member who voices an opinion at any time prior to Council taking action on a proposed conditional use, either in opposition to or in favor of said conditional use, whether orally or in writing, shall immediately recuse him or herself from participation in any votes taken by Council on said conditional use. In any event, no Council member who has voiced an opinion in favor of or in opposition to a proposed conditional use shall be permitted to cast his or her vote on said conditional use.

General Criteria. City Council shall approve Conditional Uses only if (1) the proposed use is determined to comply with all applicable requirements of this Code and with adopted plans and policies of the City and (2) the following general criteria are met:

Conditional Uses Involving Physical Improvements. If the Conditional Use involves physical improvements that have not been substantially initiated within one (1) year of the date of approval or authorization approval of the Conditional Use, the approval shall lapse. The Conditional Use approval shall also lapse if, after starting construction, the construction is discontinued for a period of one (1) year or more. No physical improvements shall be made after approval lapses unless the approval or authorization is renewed pursuant to Section 922.06.I.3.

Conditional Uses Not Involving Physical Improvements. If the Conditional Use does not involve physical improvements, and a Certificate of Occupancy is not issued for the Conditional Use within one (1) year of the date of approval or authorization, the approval shall lapse. No Certificate of Occupancy shall be issued after approval lapses unless the approval or authorization is renewed pursuant to Section 922.06.I.3.

Renewal in the Event of Lapse. The City Council may renew its approval of a Conditional Use for which approval has lapsed provided that no more than one (1) year has elapsed since the date of the original approval or, in the case of discontinuance of work, since the date of discontinuance. Renewal shall require formal action, but it shall not require public notice or hearings. Renewal shall have the same effect as the original approval. If no renewal is granted with the one-year period allowed for renewals, the original approval shall be void and no further effect. Occupancy Permits shall be automatically renewed coincidentally with and for the same time periods and limitations as prescribed for renewals of Special Exception approvals.

General Criteria. The Zoning Board of Adjustment shall approve Special Exceptions only if (1) the proposed use is determined to comply with all applicable requirements of this Code and with adopted plans and policies of the City and (2) the following general criteria are met:

Special Exceptions Involving Physical Improvements. If the Special Exception involves physical improvements that have not been substantially initiated within one (1) year of the date of approval or authorization of the Special Exception, the approval shall lapse. The Special Exception approval shall also lapse if, after starting construction, the construction is discontinued for a period of one (1) year or more. No physical improvements shall be made after approval lapses unless the approval or authorization is renewed pursuant to Section 922.07.F.3.

Special Exceptions Not Involving Physical Improvements. If the Special Exception does not involve physical improvements, and a Certificate of Occupancy has not been issued for the Special Exception within one (1) year of the date of approval or authorization, the approval shall lapse. No Certificate of Occupancy shall be issued after approval lapses unless the approval or authorization is renewed pursuant to Section 922.07.F.3.

Renewal in the Event of Lapse. The Zoning Board of Adjustment may renew its approval of a Special Exception for which approval has lapsed provided that no more than one (1) year has elapsed since the date of the original approval or, in the case of discontinuance of work, since the date of discontinuance. Renewal shall require formal action, but it shall not require public notice or hearings. Renewal shall have the same effect as the original approval. If no renewal is granted with the one-year period allowed for renewals, the original approval shall be void and no further effect. Occupancy Permits shall be automatically renewed coincidentally with and for the same time periods and limitations as prescribed for renewals of Special Exception approvals.

Administrator Exceptions Involving Physical Improvements. If the Administrator Exception involves physical improvements that have not been substantially initiated within one (1) year of the date of approval or authorization approval of the Zoning Administrator Exception, the approval shall lapse. The Zoning Administrator Exception approval shall also lapse if, after starting construction, the construction is discontinued for a period of one (1) year or more. No physical improvements shall be made after approval lapses unless the approval or authorization is renewed pursuant to Section 922.08.E.3.

Administrator Exceptions Not Involving Physical Improvements. If the Zoning Administrator Exception does not involve physical improvements, and a Certificate of Occupancy has not been issued for the Zoning Administrator Exception within one (1) year of the date of approval or authorization, the approval shall lapse. No Certificate of Occupancy shall be issued after approval lapses unless the approval or authorization is renewed pursuant to Section 922.08.E.3.

Renewal in the Event of Lapse. The Zoning Administrator may renew its approval of a Administrator Exception for which approval has lapsed provided that no more than one (1) year has elapsed since the date of the original approval or, in the case of discontinuance of work, since the date of discontinuance. Renewal shall require formal action, but it shall not require public notice or hearings. Renewal shall have the same effect as the original approval. If no renewal is granted with the one-year period allowed for renewals, the original approval shall be void and no further effect. Occupancy Permits shall be automatically renewed coincidentally with and for the same time periods and limitations as prescribed for renewals of Administrator Exception approvals.

That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to the conditions, and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located;

That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

That such unnecessary hardship has not been created by the appellant;

That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and

That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

No variance shall be granted from any regulation pertaining to a development that may endanger human life or a special hazard except that a variance may be granted to the requirement that the elevation of structures be at least one and one-half (1½) feet above base flood level, provided that the variance shall not result in the minimum elevation being reduced below the base flood level.

If a variance is granted for any other use in an FP-O District that results in construction being allowed below the base flood level, the applicant shall be notified in writing that the variance may result in:

The Zoning Board of Adjustment shall maintain a record of all variances granted from the requirements of the FP-O, Flood Plain Overlay District (Section 906.02) and submit that record to the Federal Insurance Administrator annually as a part of the City's required annual report on flood plain management activities.

No variance shall be granted for any floodway use that would result in any increase in flood levels during the base flood.

Variances Involving Physical Improvements. If the Variance involves physical improvements that have not been substantially initiated within one (1) year of the date of approval or authorization approval of the Variance, the approval shall lapse. The Variance approval shall also lapse if, after starting construction, the construction is discontinued for a period of one (1) year or more. No physical improvements shall be made after approval lapses unless the approval or authorization is renewed pursuant to Section 922.09.G.3.

Variances Not Involving Physical Improvements. If the Variance does not involve physical improvements, and a Certificate of Occupancy has not been issued for the Variance within one (1) year of the date of approval or authorization, the approval shall lapse. No Certificate of Occupancy shall be issued after approval lapses unless the approval or authorization is renewed pursuant to Section 922.09.G.3.

Renewal in the Event of Lapse. The Zoning Board of Adjustment may renew its approval of a Variance for which approval has lapsed provided that no more than one (1) year has elapsed since the date of the original approval or, in the case of discontinuance of work, since the date of discontinuance. Renewal shall require formal action, but it shall not require public notice or hearings. Renewal shall have the same effect as the original approval. If no renewal is granted with the one-year period allowed for renewals, the original approval shall be void and no further effect.

Automatic Renewal of Occupancy Permits. Occupancy Permits shall be automatically renewed coincidentally with and for the same time periods and limitations as prescribed for renewals of Special Exception approvals.

Procedure. As a part of the preliminary review, the Zoning Administrator shall prescribe the required form and content of the final Project Development Plan application, which may be submitted in schematic or preliminary form and which may include a site plan; building elevations; building and site perspective drawings; information on building size, height, proposed uses, traffic generation characteristics and other plans and information sufficient to illustrate the proposed development and its relation to adjacent buildings, streets and open spaces.

Development on sites of three (3) or more acres.

Any development of a building or buildings that require Project Development Plan review on a site of three (3) or more acres is required to submit a Master Development Plan prior to the application for individual building or buildings review.

A complete application for a Master Development Plan shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator. Upon determining that the Master Development Plan application is complete, the Zoning Administrator shall schedule a review by the Planning Commission.

The Planning Commission shall approve a Master Development Plan application only if it finds that the proposal meets all of the following criteria:

Action by the Planning Commission. The Zoning Administrator shall schedule a review by the Planning Commission when all the requirements established during the preliminary review have been fulfilled. The Planning Commission shall review the Project Development Plan application and act to approve, approve with conditions, or deny the application. The Planning Commission shall approve a Project Development Plan if it finds that the plan complies with the review criteria of Section 922.10.E.2 and if the proposal complies with all applicable Zoning Code requirements and adopted plans and policy documents, including all applicable standards of the GT, DR and Public Realm zoning districts. The Planning Commission shall deny approval of a Project Development Plan if it finds that the plan is not in conformance with this Zoning Code or with adopted plans and policy documents. In acting upon a Project Development Plan, the Planning Commission shall include a description of specific site improvements and development characteristics upon which its approval is conditioned. Such conditions shall be binding upon the applicant.

Review Criteria. In reviewing applications for Project Development Plan approval, the Planning Commission shall consider the extent to which the Project Development Plan addresses the following criteria. The Planning Commission shall not approve any Project Development Plan that, in the determination of the Planning Commission, does not adequately address one (1) or more of these criteria in accordance with objectives contained in general or site specific policy documents adopted by the Planning Commission.

Application. A complete application for Preliminary Land Development Plan approval shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator, along with a nonrefundable fee that has been established to defray the cost of processing development applications. No application shall be processed until the Zoning Administrator determines that the application is complete and the required fee has been paid. Application for SP or PUD rezoning shall be submitted at the time of application for a certificate of occupancy.

Hearing and Action by the Planning Commission. The Planning Commission shall hold a public hearing on the application for Preliminary Development Plan Approval concurrently with the public hearing on the rezoning application. After the public hearing, the Planning Commission shall recommend approval, approval with conditions, or denial of the application and transmit an accurate written summary of the proceedings to the City Council.

Review Criteria. The Planning Commission shall recommend approval of the Preliminary Land Development Plan application only if it finds that the proposal meets all of the following criteria:

Conditions of Approval. The Planning Commission may recommend approval with conditions if such conditions, when met, would have the effect of bringing the proposal into full compliance with the review criteria of Section 922.11.B.3.

Hearing and Action by City Council. The City Council shall hold a public hearing on the Zoning Map Amendment application. After the public hearing, the City Council shall act to approve, approve with conditions, approve in part, deny, or deny in part the application. The Zoning Map Amendment shall not become effective nor shall it be entered upon the Zoning District Map until the Planning Commission has approved a Final Land Development Plan and an Improvement subdivision site plan has been duly recorded.

Amendments. The procedure for amending an approved Preliminary Land Development Plan shall be the same as required for a new Preliminary Land Development Plan under Section 922.11.B.2.

Notice. A public hearing shall be scheduled, and notice shall be required when ten (10) years or more have elapsed from the approval date of the most recently amended Preliminary Land Development Plan for an existing SP or PUD district. The Zoning Administrator shall give at least twenty-one (21) days public notice of the Planning Commission hearing by posting in accordance with the notice requirements of Section 922.01.C.2 and by mail in accordance with the notice requirements of Section 922.01.C.1 to all property owners within a one hundred fifty (150) foot radius of the subject property.

Application. After City Council approval of the Zoning Map Amendment, the applicant shall submit a Final Land Development Plan to the Zoning Administrator who shall forward the application to the Planning Commission for review. At the time of Final Land Development submittal, the applicant shall also submit the Improvement Subdivision Site Plan for the Planning Commission's review. For an SP District, there shall be no minimum acreage required for a Final Land Development Plan application.

Review and Action by the Planning Commission. The Planning Commission shall review the Final Land Development Plan and Improvement subdivision site plan and evaluate whether the plans comply with the approved Preliminary Land Development Plan. The Planning Commission shall review the Final Land Development Plan and Improvement subdivision site plan to determine if the application addresses the following criteria. The Planning Commission shall deny approval of a Final Land Development Plan application if it finds that the plan does not comply with the following criteria.

Effect of Final Land Development Approval. After a Final Land Development Plan has been approved by the Planning Commission and the Improvement subdivision site plan has been recorded, the applicant may submit a Certificate of Occupancy application and construction drawings for a project development to the Zoning Administrator. If the development is determined by the Zoning Administrator to be in substantial compliance with the Final Land Development Plan, the Zoning Administrator shall approve the Certificate of Occupancy application and building permit application. No Certificate of Occupancy application or building permit application shall be approved if the project is determined not to be in substantial compliance with the approved Final Land Development Plan. If the project development is determined not to be in substantial compliance with the Final Land Development Plan, the applicant may request approval of Land Development Plan amendment, in accordance with Section 922.11.C.4.

Amendments. The procedure for amending an approved Final Land Development Plan shall be the same as required for approval of the original Final Land Development Plan, except that the Zoning Administrator may approve an occupancy permit application for a project in an SP or PUD District if the Planning Director determines that the proposed project represents only a minor amendment to an approved Final Land Development Plan. A minor amendment, for the purpose of this provision, shall be one (1) that meets all of the following conditions:

Lapse of Approval. If an applicant submits an application to the Zoning Administrator for approval of a Certificate of Occupancy application more than seven (7) years after the date of approval of the Final Land Development Plan, the Planning Commission may require that the planning studies conducted for the land development plan be updated, and that additional planning studies be conducted to determine the current impact of the proposed development on the remainder of the planned development and on the City. The Planning Commission shall evaluate the development's impacts in terms of the review criteria of Section 922.11.B.3 and may require the applicant to submit a Land Development Plan amendment, in accordance with Section 922.11.C.4.

Notice Requirement for Gaming Enterprise Developments.

Protect the integrity of adjacent residential neighborhoods by addressing impacts of institutional development on adjacent areas;

Provide a growing and continuing source of employment which is easily accessible;

Create attractive and efficient urban areas which incorporate a high degree of amenity; and

Protect sensitive portions of the natural and man-made environment which are potentially affected by institutional development.

Procedure. The procedures listed hereunder shall be followed in the review and approval of IPOD Project Development Plans in the Walnut Street IPOD District.

Review Criteria. In reviewing applications for IPOD Project Development Plan review and approval, the Planning Commission shall consider the adequacy with which the IPOD Project Development Plan addresses the following four (4) criteria. The Planning Commission may refuse to approve any plan which does not adequately address one or more of these four (4) criteria, where the failure to meet such criteria would create detrimental impact on the health, safety and general welfare of the community.

Procedure. The procedures listed hereunder shall be followed in the review and approval of IPOD Project Development Plans in the Baum-Centre IPOD District.

Review Criteria. The Planning Commission shall consider the following twelve (12) criteria as part of its review of any IPOD Project Development Plan. The Planning Commission may deny any plan that does not adequately address one (1) or more of these criteria.

Required Parking.

Surface Parking.

Structured and Integral Parking.

Components. The particular functions and kinds of Urban Open Space to be provided at a development site shall be based upon consideration of existing and projected pedestrian volumes and circulation patterns; the location, size and character of existing Urban Open Space in the vicinity of the development site; existing and proposed land use patterns; relation to public transportation; and objectives contained in the adopted plan and policy documents pertaining to this District.

Development Standards.

Ground-Mounted Equipment. Mechanical equipment must be located to the side or rear of the structure. Any mechanical equipment visible from the public realm must be screened from view by a decorative wall or solid fence that is compatible with the architecture of the building and/or landscaping. The wall or fence must be of a height equal to or greater than the height of the mechanical equipment being screened.

Roof-Mounted Equipment. Roof-mounted equipment visible from the proximal public realm must be screened.

Wall-Mounted Equipment.

Facade Design.

Building Entry.

Fenestration Design.

Roof Design.

Site Design.

Flat Roof Features.

Facades must be designed with consistent building materials and treatments that wrap around all facades. There must be a unifying architectural theme for the entire development, using a common vocabulary of architectural forms, elements, materials, and colors.

Facades of structures containing Multi-Unit Residential uses abutting a street must be articulated through the use of architectural elements to break up blank walls, add visual interest, and present a residential character. Two (2) or more of the following forms of building articulation must be incorporated into the design of structures containing Multi-Unit Residential uses:

Public entrances on any facade must be designed as visually distinct elements of the facade.

Where private open space for residents is maintained, only forty (40) percent of the total of such area may consist of impervious surface. Any fencing that delineates the private open space from public space must be open fencing of at least sixty (60) percent open design with a maximum height of six and one half (6½) feet. Shadowbox fencing is prohibited.

Single-Unit Attached Residential uses are subject to the following curb cut standards:

New Construction, except single-unit residential.

Replacement of fifty (50) percent of the glazing on an existing structure except single-unit residential.

Additions to existing buildings totaling of 15,000 sf or greater.

New or renovated above grade pedestrian bridges.

Fences and walls in the Build-To Zones are permitted to a maximum four (4) feet in height and shall be of an open design.

Fences and walls in the rear and interior side yard are permitted to a maximum height of six (6) feet and may be opaque.

Fences and walls, shall meet the Materials and Methods Standards in Section 918.03.B.1.(b).

Fences that do not comply with the height standards above may be reviewed and approved in accordance with the Administrator Exception procedures of Section 922.08 subject to the following standards:

Embodied carbon in existing structures. Includes consideration of how existing structures can be reused in whole through rehabilitation or in part through retaining components of the building or reusing significant portion of the building materials (e.g., bricks, timber, stonework).

Carbon capture value of existing trees on the site. Includes options for development that retain existing and mature trees already on the site in addition to inclusion of new trees and vegetation that would be added through development. Specifically, how can the building be shaped and massed around existing trees in ways that maintain their health and environmental function?

Zero Carbon energy sourcing. How can the project's construction and operation result in zero net carbon emissions? How can energy for building operation be sources through on- or off-site renewables?

To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Administrator or the Chief of the Bureau of Building Inspection in the administration of this Code, and, upon appeal, to interpret any provision of this Code where its meaning or application is in question;

To authorize upon appeal, in specific cases, variances from the terms of this Code in accordance with Section 922.09;

To hear and decide, upon appeal from the grant or denial of zoning approval with respect to a specific application, issues of the validity of any provision of this Code; and

To hear and decide special exceptions authorized by specific provisions of this Code, in accordance with Section 922.07 and other provisions of this Code that prescribe standards for the respective special exceptions authorized.

The Board, in conformity with this Code, may affirm or reverse or modify, wholly or partly, any order, requirement, decision or determination appealed, and may make such order as it finds to be proper, as if acting with all the powers of the officer from whom the appeal has been taken.

The Board shall adopt and maintain rules of procedure not inconsistent with the provisions of this Code. The Board shall give public notice of the adoption, amendment or revocation of its rules of procedure by (1) publication of such notice once, in a newspaper of general circulation in the City, and (2) by maintaining copies of such rules for public inspection at its office.

The Board shall meet at the call of its chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall provide for a record of the evidence received by it at its hearings, and shall keep a record of its proceedings showing the vote, abstention or absence of each member with respect to each official action. For the purpose of the Board's hearings, the chairperson or designated member shall administer oaths and may issue subpoenas to compel the attendance of witnesses.

To engage in any development, use, construction, remodeling or other activity of any nature that is subject to the provisions of this Code without all of the required permits, approvals, certificates and other forms of authorization required by this Code in order to conduct or engage in such activity;

To engage in any Regulated Activity, as defined in this Code or in Chapter 1003 of Title 10: Building or in Title 13: Stormwater Management, as applicable, without all of the required permits, approvals, certificates and other forms of authorization required by such Codes in order to conduct or engage in such activity;

Permits for Construction. Any permit may be revoked when the Chief of the Bureau of Building Inspection determines that any of the following conditions exist:

Permits for Occupancy. Any permit allowing legal occupancy of a structure or a lot, including the Certificate of Occupancy, may be revoked when the Chief of Building Inspection determines that any of the following conditions exist:

Approval of SWM Site Plan and SWM BMPs. Any approval may be revoked when the Code Official determines that any of the following conditions exist: