(b) Following its review, for a preliminary or final site plan, the Planning Commission shall:
(1) Approve the site plan as submitted; or
(2) Approve the plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback layout, open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or
(3) Deny the site plan when the application does not demonstrate that the required standards have been met.
(c) For a preliminary or final site plan, the Planning Commission may also postpone the site plan for the next scheduled Planning Commission meeting, demonstrating to the applicant an acceptable alternative plan.
(d) The City shall, by registered or certified mail, promptly furnish the applicant with its written report on the preliminary site plan or its decision on the final site plan.
(e) Failure of the Planning Commission to Act. Any matter so referred to the Planning Commission shall be acted upon by it within three regularly scheduled meetings including the date of its introduction before the Commission unless a longer time be allowed by Council. If the Planning Commission shall fail to act within the time allotted, it shall be deemed to have approved such matter.
(f) Re-application After Denial. The Zoning Administrator shall accept no reapplication for a site plan unless the reapplication is based on a revised application that addresses the justification for the denial of the initial application. A reapplication shall comply with all the requirements of this chapter, including payment of the required fee.
(g) Issuance of Zoning Certificate. If the final site plan is approved or approved with conditions, Zoning Administrator shall issue a Zoning Certificate pursuant to Chapter 1238, Zoning Certificates and Certificates of Zoning Compliance. However, the Zoning Certificate shall not be issued until:
(1) At the Zoning Administrator's discretion, there shall be executed by the owner or applicant an agreement to construct required physical improvements located within the public rights-of-way or easements or connected to any public facility; and the applicant shall execute and deliver to the City a performance guarantee approved by the City Engineer in the amount of the estimated cost of the required physical improvements as determined by the City Engineer. The agreement and the performance guarantee shall provide for completion of all work within a time specified to be determined by the City Engineer or before occupancy is allowed in any structure, whichever shall occur first.
(2) The approval of the final site plan or the installation of improvements as required by this Zoning Code shall not obligate the City to accept improvements for maintenance, repair or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.
(h) Applications for Building Permits. Reports of approval from the Planning Commission and, if a variance is required, from the Board of Zoning and Building Appeals as well as a Zoning Certificate shall be provided for submission to the authority having jurisdiction with complete construction plans of the proposed building for issuance of a Building Permit.
(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)