§ 153.006 PLAN APPROVAL.
   (A)   Generally. It is declared to be the policy of the city to preserve and promote an attractive, stable residential and business environment for its citizens through encouraging well conceived, high quality developments. To this end, imaginative architectural concepts shall be employed in the design of buildings and in the development of respective sites. In this regard, every person, before commencing the construction or major alteration of a structure, except single-family detached dwellings and buildings accessory thereto, shall make application for the plan approval from the Council. The following rules shall govern applications for plan approval.
   (B)   Procedures.
      (1)   A plan approval application shall be initiated by the owner of the subject property or by his or her authorized agent. The applicant shall fill out and submit to the Secretary of the Planning Commission a planning and zoning application, copies of which are available at the city offices, together with a fee of $100. The application shall be filed with the Secretary of the Planning Commission at least 14 days prior to the next regular meeting of the Planning Commission.
      (2)   The Secretary of the Planning Commission shall refer the matter to the Planning Commission by placing the application upon the agenda of the Commission’s next regular meeting; provided, however, that the Secretary may, with the approval of the Chairperson of the Commission, place the application on the agenda for a special meeting of the Planning Commission.
      (3)   The Planning Commission shall report its recommendations to the Council not later than 60 days following the date of referral to the Commission. The DATE OF REFERRAL is defined as the date upon which the application is first considered by the Planning Commission.
      (4)   The application and recommendation of the Commission shall be placed on the agenda of the Council within 30 days following the recommendation of the Planning Commission, or in the event the Commission has failed to make a recommendation, within 90 days of the date of referral to the Commission.
      (5)   The Council shall make a final determination of the application within 60 days of the recommendation of the Planning Commission, or in the event the Commission has failed to make any recommendation, within 120 days of the date of referral to the Commission.
      (6)   The applicant or his or her agent shall appear at each meeting of the Commission and the Council to answer questions regarding the maps, drawings, plans and to furnish any information as may be required.
      (7)   The Secretary of the Planning Commission, following the Commission’s action upon the application, and the City Administrator/Clerk-Treasurer, following the Council’s action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application.
   (C)   Required documents. Concurrent with filing application for plan approval, the applicant shall submit, as required, to the Secretary of the Planning Commission the following documents and information:
      (1)   A survey drawing by a registered engineer or land surveyor showing pertinent existing conditions, accurately dimensioned; and
      (2)   A complete set of preliminary drawings prepared by an architect, landscape architect, engineer or planner showing:
         (a)   An accurately scaled and dimensioned site plan indicating parking layout including access provisions, designation of locations of possible accessory buildings, landscaping, including trees and shrubbery with indication of species, planting, size and location;
         (b)   Fences or walls or other screening, including height and type of material;
         (c)   Lighting provisions, type and location;
         (d)   Curbs;
         (e)   Building elevations, sections and outline specifications, including materials proposed; and
         (f)   Existing and proposed land elevations, drainage provisions, and utility provisions as may be required.
   (D)   Conditions and restrictions. The Planning Commission may recommend and the Council may impose any conditions and restrictions as deemed necessary to protect the public interest and to secure compliance with the requirements of this chapter. The conditions may include the execution and submission of a performance agreement with a supporting financial guarantee that the subject property will be constructed, developed and maintained in conformance with the plans, specifications and standards.
(1989 Code, § 11.13)