(A) Review. The Planning Commission shall hold regular meetings, and may call special meetings to consider applications requesting action based on this section and P.A. 110 of 2006, as amended. The Planning Commission shall review the reports of the appropriate city staff and consultants and discuss the findings and recommendations with the applicant prior to making a decision.
(B) Request for revisions. Upon review of the site plan proposal, the Planning Commission may require the applicant to revise the plans or supply additional information. The applicant shall submit any requested revised plans for review prior to formal action being taken. All review fees must be paid prior to any review. It shall be the applicant’s responsibility to consult with city staff and consultants during this revision process. Action on the site plan shall remain tabled until the applicant has provided a substantially complete plan for review by the Planning Commission.
(C) Public hearing. A site plan involving use(s) subject to special land use approval or Planned Development shall require a public hearing. After payment of fees, the Zoning Administrator may set the date of the public hearing for a regular or special meeting of the Planning Commission.
(D) Submission of plans for final review. Eighteen individually folded copies of the revised plan shall be submitted for final review at least ten days prior to the Planning Commission meeting at which review scheduled. The revised plan shall be distributed to the appropriate reviewing parties by the zoning Administrator.
(E) Final action. The Planning Commission is authorized to take the following final action on a site plan subject to guidelines in this chapter.
Approval
Approval with conditions
Denial
Table the site plan
(1) Approval. Upon determination that a site plan in full compliance with the standards and requirements of these regulations and other applicable city regulations and laws, approval shall be granted.
(2) Approval with conditions.
(a) Upon determination that a site plan is in compliance except for minor modifications, the conditions for approval shall be identified and the applicant shall be given the opportunity to correct the site plan. Conditions may include the requirement to obtain variances or to obtain approvals from other agencies. For example, as a condition of approval, the Planning Commission may delegate the responsibility for final approval of engineering and other technical issues to the City Engineer or other appropriate staff or consultants. If a plan is approved subject to conditions, the applicant shall submit a revised plan with a revision date, indicating full compliance with the required conditions.
(b) The Planning Commission may require that the applicant resubmit the site plan for final approval by the Planning Commission after conditions have been met. The Planning Commission may waive its right to review the revised plan, and delegate authority to the Zoning Administrator to review and approve a revised site plan on the Commission’s behalf after required conditions have been addressed. The Planning Commission may require that the Zoning Administrator secure a favorable recommendation from the City Planner and/or City Engineer prior to final approval of the revised plan.
(3) Denial. Upon determination by the Planning Commission that a site plan does not comply with the standards and regulations set forth in these regulations, or that the submittal requires extensive revision to comply with standards and regulations, approval of the site plan shall be denied.
(4) Tabling. Upon determination by the Planning Commission that a site plan is not sufficiently complete for approval or rejection, or upon a request by the applicant, the Planning Commission may table consideration of a site plan until a later meeting.
(F) Recording of site plan review action.
(1) Each action taken with reference to a site plan review shall be duly recorded in the minutes of the Planning Commission. The grounds for action taken upon each site plan shall also be recorded in the minutes.
(2) After the Planning Commission has taken final action on a site plan, the Planning Commission secretary shall clearly mark three copies of the application and final site plans “Approved” or “Denied,” as appropriate, with the date that action was taken. One marked copy will be returned to the applicant and the other two copies will be kept on file by the city.
(G) Procedure after site plan approval.
(1) Building permit. Following final approval of the site plan by the Planning Commission, the applicant may apply to the city for a building permit. The issuance of a building permit shall be subject to the review of construction plans by the Building Department, and, if deemed necessary by the Building Official, the City Engineer. It shall be the responsibility of the applicant to obtain all applicable city, county, or state permits prior to issuance of a building permit.
(2) Approval expiration. Site plan approval becomes null and void if substantial construction has not commenced within 12 months following the final approval of the site plan by the Planning Commission, or if construction has not been completed within 12 months after it commenced following the issuance of a Building Permit. In such a case, the applicant shall file a new application. Review by the Planning Commission of the new application and site plan shall be required.
(3) Approval extensions. Upon written request of the applicant, prior to the expiration of a previously granted approval, the Planning Commission may review the circumstances surrounding a failure to meet the required deadlines. The Planning Commission may grant an extension of up to 12 months to an approval, if it finds that the approved site plan continues to adequately represent current conditions on and surrounding the site, and that the site plan conforms to the standards of the city regulations in affect at the time of the applicant's request for an extension.
(4) Scanning of documents. Prior to occupancy, city approved, stamped, “as built” plans, specifications, and all correspondence shall be scanned and transferred to an imaging system, and submitted to the Community Developer Department for storage as a digital version of the scanned record on an optical storage disc, in accordance with PA 116 of 1992, § 2, which provides for the storage and reproduction of public records. The disc shall be formatted as required by the Community Development Department.
(5) Application for certificate of occupancy. Following building construction and completion of site work, the applicant may apply to the city for a certificate of occupancy or a temporary certificate of occupancy from the Building Official in accordance with the procedures set forth in § 154.466. It shall be the applicant's responsibility to obtain the required certificates prior to any occupancy of the property.
(6) Site maintenance after approval.
(a) It shall be the responsibility of the owner of a property for which site plan approval has been granted to maintain the property in accordance with the approved site design on a continuing basis until the property is razed, new zoning regulations supersede the regulations upon which site plan approval was based, or a new site design is approved following Planning Commission review.
(b) Any property owner who fails to maintain an approved site plan in full compliance with approvals granted by the Planning Commission according to the provisions of these regulations, shall be deemed in violation of the use provisions of these regulations.
(H) Revocation. An approved site plan may be revoked by the Planning Commission if construction on the site is not completed or is not progressing in a manner consistent with the approved plans. In such a case, the site plan shall be placed on the agenda of a Planning Commission meeting for a public hearing. The Zoning Administrator shall cause written notice to be provided to the applicant at least ten days prior to the meeting, and shall publish notice of the hearing no later than five days prior to the date and time. The notice shall reduce all alleged inconsistencies and violations to writing. The Zoning Administrator, the Building Official, the applicant, and other interested persons shall be allowed to present information and testimony to the Planning Commission at the hearing. If the Planning Commission finds that an inconsistency or violation of the approved site plan exists at the time of the hearing, then, by a majority vote of attending members, the Planning Commission may revoke the approval of the site plan and order the site returned to its original condition by a date certain. Failure to comply with such an order shall be deemed a violation of the use provisions of these regulations.
(I) Modification to approved plan. A previously approved site plan may be subsequently modified, subject to the requirements of § 154.406 Minor Site Modifications.
(Ord. 92-005, passed 2-17-92; Am. Ord. 96-006, passed 7-1-96; Am. Ord. 06-005, passed 2-13-06; Am. Ord. 09-008, passed 4-20-09; Am. Ord. 20-003, passed 7-6-20) Penalty, see § 154.999