A. At least seven days prior to the Planning Commission meeting, fourteen complete sets of the preliminary/final plans shall be submitted to Planning Commission, accompanied by an application form and a letter describing the proposal. Applications for modification to code regulations in conjunction with design review must be submitted a minimum of fifteen days prior to the Planning Commission meeting. City Council may establish a fee to defray administrative costs associated with design review, payable at the time of submission. The Planning Commission secretary shall place the matter on the Planning Commission agenda. The Planning Commission shall review the plans, taking into account Section 1183.01(a) and (b), the location of the proposal, the effect on the surrounding properties and the relationship of the proposal to any adopted plan of the City.
B. The Planning Commission is authorized to grant modifications to increase or decrease setbacks, height, landscaping, fencing, signs, parking, ingress, egress and lot coverage standards as provided for in Part 11 of the Codified Ordinances.
1. Approval may be granted if it can be determined that:
a. The modification is needed to achieve the purpose and objectives of design review;
b. The modification does not adversely impact an adjacent building or property or create an unsafe pedestrian or vehicular situation; and
c. The modification is necessary to create a more aesthetic or pleasing vista along the public right-of-way and adjoining properties.
2. A public hearing shall be required as a condition of Planning Commission hearing modification request.
a. Before holding the public hearing, notice of such hearing shall be given by publication in a newspaper of general circulation in the City not less than ten days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed modification.
b. Before holding the public hearing, written notice of such hearing shall also be mailed by first class mail, or hand delivered, at least ten days before the day of the hearing, to the property owner, the petitioner and the owners of property contiguous to and directly across the street, road or highway from such property. The failure to mail or deliver the notification as provided in this Code shall not invalidate any such variance. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1183.05B.2.a.
c. The applicant must supply a list of names and address of property contiguous to and directly across the street, road or highway from such property to the Planning Commission Secretary.
C. If modifications made by either the Planning Commission or applicant are subsequently approved by the Planning Commission, the modifications shall be made a part of the final plans or such modifications shall be affixed to the plans approved and signed by the applicant and chairman of the Planning Commission. The applicant and/or his assigns shall be bound by such modifications and conditions affixed and/or made a part of the approved plan.
(Ord. 2001-4. Passed 1-16-01; Ord. 2006-126. Passed 9-18-06.)