(A) Application; filing, form and fees. The application for the approval of a precise plan shall be filed with the Community Development Department on a form furnished by the city and shall be accompanied by a fee in the amount set by resolution of the Council. The City shall develop a Development Application Checklist which shall specify all information required to be provided by the applicant in order for such application to be considered complete.
(C) Hearing. The provisions of § 153.245 shall apply to applications filed pursuant to division (A) of this section. ('65 Code, § 9-3.2309)
(D) Decision. Within 30 days after the conclusion of the public hearing provided for in this subchapter, the Commission shall render its decision for the granting, either with or without conditions, or the denial of the application by resolution, which shall recite the finding of fact upon which the decision was based.
(E) Appeal. Decisions of the Planning Commission may be appealed to the City Council in the time and manner specified in § 153.004 of this code.
(F) Approval; revocation.
(1) Upon a recommendation by the Community Development Director, the body which granted the final approval of a precise plan shall conduct a noticed public hearing to determine whether such precise plan approval should be revoked. If the granting body finds any one of the following facts to be present, it shall revoke the approval:
(a) That the approval was obtained by fraud; or
(b) That the precise plan is being implemented contrary to any condition imposed upon the approval of the plan or in violation of any law.
(2) If the revocation hearing is conducted by the Commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in § 153.247. ('65 Code, § 9-3.2312)
(G) Expiration. Any precise plan approval permit shall be null and void if it is not exercised within the time specified in the resolution approving such precise plan, or, if no time is specified, if the permit is not exercised within one year after the date the approval becomes final; provided, however, if litigation is filed prior to the exercise of such rights attacking the validity of such approval, the time for exercising such rights shall be automatically extended pending a final determination of such litigation. The granting body, upon good cause shown by the applicant, may extend the time limitations imposed, once, for a period of not to exceed one year without a public hearing. ('65 Code, § 9-3.2313)
(H) Modifications. Any condition imposed upon the approval of a precise plan may be modified or eliminated, or new conditions may be added, provided the granting body shall first conduct a public hearing thereon in the same manner as is required for the granting of the same. No such modification shall be made unless the granting body finds that such modification is necessary to protect the public peace, health, and safety, or, in the event of the deletion of such a condition, that such action is necessary to permit reasonable development under the precise plan as approved. If the modification hearing is conducted by the Commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in § 153.247. ('65 Code, § 9-3.2301)
(Ord. 247-C.S., passed - - ; Am. Ord. 526-C.S., passed 7-16-02)