§ 159.058  DECISION BY ZONING BOARD OF APPEALS.
   (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)