(A) The Zoning Board of Appeals shall either approve or disapprove each and every development plan.
(B) However, the Zoning Board shall not approve any PD unless:
(1) The developer has posted a performance bond or deposited funds in escrow in the amount the City Engineer deems sufficient to guarantee the satisfactory completion of all required improvements;
(2) The City Attorney has stated that all legal instruments (particularly the restrictive covenants) are satisfactory; and
(3) The proposed PD, as evidenced by the development plan, complies with all applicable codes, regulations and ordinances. (Deviations to the extent permitted under § 159.057 of this chapter shall not be deemed as non-complying.)
(Prior Code, § 40-3-28)