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Modifications to plans, dimensions and quantitative requirements for any new development, shall incorporate the following performance standards:
A. Modifications to setbacks, height, parking spaces or lot coverage shall not increase the overall amount of building square footage or intensity of use that could otherwise be developed on a parcel.
B. Modifications shall not be made which would permit a greater density of multifamily units or permit multifamily units in an area not zoned for such use.
C. Modifications for dimensional standards in the Zoning Code should be designed to provide better utilization of the land and offset by greater standards in other areas of the Zoning Code.
D. Modifications may be considered due to unique conditions of the parcel, building design, parcel size, parcel location, topography, adjacent uses or proposed use of the parcel.
E. Modifications shall be designed to protect the desirable characteristics of both existing and planned development of adjacent properties.
F. Modifications shall promote the desirable and beneficial use of the land and promote the economic development of the City.
G. Modifications shall maintain convenient and safe access to properties and buildings.
H. Modifications shall promote greater effective open space buffering and landscaping by careful location of buildings relative to adjacent buildings or site features.
(Ord. 2001-4. Passed 1-16-01.)
Within thirty-five days from the date of preliminary/final plan submission, the Planning Commission shall either approve the submitted plan, approve a modified plan or disapprove the plan, unless the applicant consents to an extension of time. If the Planning Commission disapproves the plans, the Planning Commission shall state the reason for disapproval. Failure of the Planning Commission to approve the submitted plan, approve a modified plan or disapprove the plan, within thirty-five days from the date of submission of the plans, shall be deemed an approval of the plans.
(Ord. 2001-4. Passed 1-16-01.)
Upon approval by the Planning Commission, the applicant may apply for a building permit. Building plans, engineering plans and all construction drawings shall comply with the plans approved by the Planning Commission, including any conditions placed thereon, and other applicable regulations of the City.
(Ord. 2001-4. Passed 1-16-01.)
A. Plans may be revised by the applicant and resubmitted through the same procedure required for the preliminary/final plan. Minor revisions which do not require further modification or variance and which conform to the zoning requirements may be accepted and approved by the Building Inspector. In such cases, the Planning Commission shall be notified of such decision at the next regular meeting.
B. Failure to obtain a building permit and begin construction in accordance with the approved plans within one year after Planning Commission's approval shall nullify and void the approved plan unless an extension of time as granted by Planning Commission. Such request for extension must be filed with the secretary of Planning Commission at least ten days prior to expiration.
(Ord. 2001-4. Passed 1-16-01.)
In the event any plan is disapproved or modified in whole or in part by the Planning Commission, the applicant may request review thereof by the City Council. Any such request shall be in writing, shall set forth with reasonable detail the basis of the appeal, and shall be filed with the Clerk of Council not later than thirty days after the date of the Planning Commission's decision. A copy of the appeal shall be served upon the Law Director. Council shall review the request not later than thirty days after the filing thereof. City Council may, by a majority vote of Council, sustain or modify, in whole or in part, the decision of the Planning Commission for which a review has been requested under this Section 1183.10. In the event Council does not review the request within thirty days, then the Planning Commission's decision will be deemed sustained. City Council may establish a fee to defray administrative costs associated with Council Review, and said fee shall be deposited with the Clerk of Council upon filing.
(Ord. 2001-4. Passed 1-16-01.)
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