1173.06 PROCEDURES FOR APPROVAL.

   (a)   Submission of Application for Preliminary Plan:

(1)   Prior to filing an application for rezoning to a Planned District, the applicant shall meet with Planning and Zoning Administrator in a pre- application review meeting to discuss the requirements for a Preliminary Plan and Development Standards Text which are required as part of the rezoning request.

(2)   The applicant shall submit the rezoning application along with twenty copies of the proposed Preliminary Plan and Development Standards Text in accordance with the submission schedule established by the Planning and Zoning Commission. In order to defray the cost of examination of the rezoning application and the Plan and Text and review by the Planning Commission, the applicant shall pay a fee in accordance with the fee as stipulated by ordinance. Staff shall circulate the Preliminary Plan and other comments to appropriate departments in the municipality for review and comment.

(3)   Once the applicant has submitted a completed application in accordance with the submission schedule, staff shall submit the application to the Planning and Zoning Commission for their review and action at the next regular meeting of Planning and Zoning Commission as specified in their submission schedule. It shall be the duty of Planning and Zoning Commission to review the Plan and determine whether it complies with the regulations of this Chapter. Planning and Zoning Commission will forward a recommendation to Council.

(4)   A Preliminary Plan shall be valid for five years after Council approval. Construction of any phase of the development must begin within this period or a new Preliminary Plan is required.

   (b)   Submission of Development Plan.

(1)   Prior to filing for Development Plan Approval, the applicant shall meet with the Planning and Zoning Administrator to review the Development Plan relative to the previously approved Preliminary Plan and Development Standards Text as well as procedures for approval.

(2)   The applicant shall submit an application to the municipality including the required number of copies of the proposed Development Plan, Development Standards Text modification if appropriate and any other required information in accordance with the submission schedule of the Planning and Zoning Commission. In order to defray the cost of examination of the materials and review by the Planning and Zoning Commission, the applicant shall pay a fee in accordance with the fee schedule as stipulated by ordinance.

(3)   It shall be the duty of the Planning and Zoning Commission to review the plan and determine whether it complies with the regulations of this Chapter. Such determination shall be made at the first regular meeting of the Planning and Zoning Commission in accordance with the submission and hearing schedule established by the Commission. If the Planning and Zoning Commission finds that the Development Plan complies in all respects with the regulations of this Chapter and the previously approved Preliminary Plan and Development Standards Text, the Commission shall approve the plan. With the approval of the Planning and Zoning Commission, minor modifications of the approved preliminary plan may be made. Such modifications shall not increase the overall density of the site or change the essential character of the approved plan. If the Planning and Zoning Commission determines that such proposed changes significantly alter the approved plan, it is considered a major change and the plan must be resubmitted to Council for approval.

(4)   In the event that the Planning and Zoning Commission does not approve the plan, each applicant shall be notified in writing of the reason for disapproval or modification along with the decision of the Planning and Zoning Commission. Decisions of the Planning and Zoning Commission disapproving the plan are appealable to Council in accordance with the provisions of Chapter 1147.

   (c)   Conformance with the Development Plan. Development shall be in conformance with the Development Plan and construction site improvements must be commenced within two years of Planning and Zoning Commission or Council approval; otherwise, no development of the land shall take place until a new Development Plan is approved pursuant to this section.

   (d)   Modification of the Development Plan. With the approval of the Planning and Zoning Commission, minor modifications of the approved Preliminary Development Plan may be made. Such modification shall not increase the overall density of the site or change the essential character of the approved plan. If the Planning and Zoning Commission determines that such proposed changes significantly alter the approved preliminary development plan, it is considered a major change and the revised plan must be resubmitted to Council for approval. Development of land shall not proceed prior to final approval of the Development Plan. Any development undertaken without such final approval is in violation of this Zoning Code and an abatable nuisance.

   (e)   Variances from Development Standards. The Planning and Zoning Commission and/or Council may approve variances from the Development Standards of this Chapter as part of the Development Standards Text and Development Plan. These variances shall be consistent with the intent of the zoning district.
(Ord. 41-01. Passed 8-20-01.)