1113.07 CHARACTER OF DEVELOPMENT.
   (a)    The subdivider shall confer with the Architectural Review Board regarding the type and character of development which will be permitted in the subdivision. The Board shall then follow the procedure outlined in Chapter 1139. The Board shall submit its report and recommendation of approval or disapproval to the Planning Commission. The Planning Commission shall study the Board's report and shall submit its recommendation to City Council within forty-five days of its receipt of the Board's report for consideration and approval. The recommendation of the Planning Commission shall be accompanied by a report stating the reasons for its recommendation concerning the proposal and provide a written statement outlining the specific evidence and facts addressing the following conditions:
   (1)   That property adjacent to the area included in the plan will not be adversely affected.
      (2)    That the plan is consistent with the intent and purpose of the Zoning Code and promotes the public health, safety, morals, and general welfare.
      (3)    That the buildings shall be used only for residential purposes and the usual accessory uses, such as garages, storage space or community activities, including churches.
      (4)   That the average lot area per family contained in the site, exclusive of the area occupied by streets, will not be less than the lot area per family required in the district in which the development is located.
   
   (b)    Within forty-five days of receiving the Planning Commission's report, City Council shall hold a public hearing on the proposed subdivision or development and as soon thereafter as possible make a decision on the proposed subdivision or development. City Council's decision shall be based on its analysis of the criteria in subsections (a) (1) through (4) outlined above, as well as the report and recommendation of the Planning Commission. To protect fully the public health, safety, and welfare of the community, City Council may modify the proposed subdivision or development in accordance with this section.
(Ord. 12-2012. Passed 10-15-12.)