(a) The site plan shall be referred, within fifteen (15) days after achieving interdepartmental compliance, to the Planning Commission for its review and evaluation at its next regular or special meeting intended for that purpose.
(b) The Commission shall review and communicate its approval or recommend site plan modifications to the applicant within not more than forty-five (45) days after receipt of the site plan. In cases where modifications have been recommended, the applicant shall resubmit a site plan incorporating those modifications to the Commission for its review. The same number of copies shall be provided as was the case for the original submission.
(1) The Commission shall approve a site plan only upon a finding that the proposed use will not, upon the facts known at the time of submission of the site plan, cause undue hardship, or create unsafe or hazardous health or safety conditions, or create a nuisance condition to the detriment of adjoining land users or the general public.
(2) Any required modification shall be directed to the specific elimination of unsafe or hazardous health or safety conditions or the prevention of nuisance conditions, and shall be so noted.
(c) Upon receipt of the modified site plan, the Planning Commission shall evaluate the changes which have been made and, if deemed acceptable, shall communicate its approval of the site plan to the applicant within not more than forty-five (45) days after receipt of the modified site plan.
(1) Such modified site plan may be disapproved for any inadequacy found to be detrimental to the public health, safety, and general welfare.
(2) Any site plan approval granted under this Zoning Code shall become null and void and all fees forfeited unless construction and/or use is commenced within twelve (12) months of the date of issuance of said site plan approval, except that the Planning Commission may, at its discretion, upon application by the owner and for cause shown, provide for up to two (2) successive twelve (12) month extensions.
(3) Any such disapproval may be appealed to the Board of Zoning Appeals under the provisions of this chapter. The Board shall consider such appeal as a petition for a variance and subject to the same standards and relief. (Res. 24-95. Passed 2-13-95; Ord. 2023-07. Passed 7-24-23.)