(b) Following its review of a preliminary or final development plan, the Planning Commission shall:
(1) Approve the development plan as submitted; or
(2) Approve the development plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback layout, open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or
(3) Deny the development plan when the application does not demonstrate that the required standards have been met.
(c) For a preliminary or final development plan, the Planning Commission may also postpone the development plan, providing guidance to the applicant regarding alterations to the proposed development plan that may address the concerns expressed by the Planning Commission.
(d) The City shall promptly furnish the applicant with its decision on the preliminary or final development plan.
(e) Failure of the Planning Commission to Act. Failure of the Planning Commission to act within sixty (60) days from the date the application was deemed complete, or an extended period as may be agreed upon, shall be deemed a denial of the application.
(f) Re-application after Denial. The Zoning Inspector shall accept no re-application for a development plan unless the re-application is based on a revised application that addresses the reasons for the denial of the initial application. A re-application shall comply with all the requirements of this Chapter, including payment of the required fee. If an application is denied as a result of sub-section 1131.08 (e), the Zoning Inspector shall accept a re-application for development plan review that has not been revised from the previous submittal.
(g) Issuance of Zoning Permits and Certificates. If the final development plan is approved or approved with conditions, the Zoning Inspector shall issue a Zoning Permit pursuant to Chapter 1136, Zoning Permits and Certificates. However, the Zoning Permit shall not be issued until:
(1) At the Zoning Inspector’s discretion, there shall be executed by the owner or applicant an agreement to construct required physical improvements located within the public rights-of-way or easements or connected to any public facility; and the applicant shall execute and deliver to the City a performance guarantee approved by the City Engineer in the amount of the estimated cost of the required physical improvements as determined by the City Engineer. The agreement and the performance guarantee shall provide for completion of all work within a time specified as determined by the City Engineer or before occupancy is allowed in any structure, whichever shall occur first.
(2) The approval of the final development plan or the installation of improvements as required by this Zoning Code shall not obligate the City to accept improvements for maintenance, repair, or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.
(3) Before a Certificate of Zoning Compliance may be issued, the property owner shall provide to the Zoning Inspector a statement that all phases of the facility, development, or structure have been constructed in conformance with approved plans, documentation, and specifications.
(Ord. 2023-029. Passed 4-18-23.)