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<br />(2) If the parties do not agree on a means of preserving the Landmark Property within <br />the period of delay as set forth in Section 1133 09, the Commission, upon the <br />expiration of such period, may grant permission with respect to the proposed <br />demolition or removal, and such permission shall immediately be communicated to <br />the Commissioner for the purpose of issuing a necessary permit <br /> <br />(k) Within thirty (30) days after the public hearing required by subsection (i) herein, the <br />Commission shall either approve, approve with supplementary conditions, defer, or <br />disapprove the application, request for determination, or referral; the determination of the <br />Commission shall be supported by findings stated on the record. <br /> <br />shall be and the same is hereby amended to read as follows: <br /> <br />1171.03 PLANNING COMMISSION <br /> <br />in addition to the powers and duties conferred by Charter the Commission shall, for purposes of <br />this Code, have the following duties: <br /> <br />(a) To review and approve or disapprove an application for a Conditional Use Permit for a <br />particular iot according to the general criteria set forth in Section 1173.02 and the specific <br />criteria set/orth in Chapter 1161. <br /> <br />(b) To determine that a proposed use not listed or provided for in this Code is substantially <br />similar to a permitted or conditionally permitted use that is listed and provided for in this <br />Code by applying the criteria set forth in Section 1173.03. <br /> <br />(c) To review and approve or disapprove each application for a use variance <br /> <br />(1) In the case of a use variance to allow a use not permitted under this Code in the <br />zoning district in which the property is located, the Commission must find that the <br />applicant has demonstrated that the literal enforcement of the Code wil! result in <br />unnecessary hardship according to the criteria set forth in subsection 1173.04(d). <br /> <br />(2) When granting a use variance, the Commission may prescribe any conditions or <br />safeguards that it deems necessary to insure that the applicant will comply with the <br />terms of the variance, and to preserve the spirit and intent of the Code. <br /> <br />(d) To review and approve or disapprove amendments to the regulations, restrictions, and <br />boundaries set forth in this Code. <br /> <br />(e) To review at least once each year the regulations, restrictions, and boundaries set forth in <br />this Code to determine whether same are consistent with the Vision and the public <br />purposes specified herein, in order to make recommendations to Council where necessary; <br />the first such annual review shall be completed not later than December 31, 1997. <br /> <br />(f) To review and recommend to Council approval or disapproval of plats for the subdivision <br />and resubdivision of any major subdivision. <br /> <br />(g) To review and approve or disapprove an application for a Mixed Use Overlay according to <br />the criteria set forth in Chapter 1135. <br /> <br />(h) To review and approve or disapprove an application for a Planned Development according <br />to the specific criteria set forth in Chapter 1156. <br /> <br />(i) The Commission shall hold a public hearing within sixty (60) days after receipt of an <br />application, request for determination, or referral before the Commission pursuant to this <br />Section. <br /> <br />(j) If the Commission disapproves an application for demolition of a Landmark Property <br />pursuant to the criteria set forth in Section 1133.09, the Commission, or its designee, along <br />with the Director, Commissioner and other officials of the City, shall participate in <br />negotiations with the owner or owners of such Landmark Property and any other interested <br />party in an effort to find a means of preserving the property as follows: <br /> <br />4 of 17 <br />