Newspaper Publication. Notice of such hearing shall be published in one (1) issue of the official newspaper of the City, such notice to be published not less than fifteen (15) days prior to the date of said hearing before the Planning and Zoning Commission and shall contain dates and times for both the Planning and Zoning Commission as well as the Board of Aldermen hearings.

Mailed Notice. Mailed notice shall be sent via certified mail to the last-known owner of record of all property within one hundred eighty-five (185) feet from the boundaries of the property for which the application is being considered. The notice shall state the time and place of the hearings, and include a general description of the proposal, a location map of the property, the general street location of the property subject to the proposed change, and a statement explaining that the public will have an opportunity to be heard at the public hearing. Failure to receive mailed notice shall not invalidate any action taken on the application.

Posting of Notice Sign(s). All public hearing items shall have a sign posted on their premises, by either the applicant or staff at least fifteen (15) days prior to the date of the hearing informing the general public of the time and place of the public hearings. The City shall furnish the sign to the applicant for posting. The applicant shall make a good faith effort to place and maintain the sign on the property for at least fifteen (15) days immediately preceding the date of the hearing, through the hearing, and through any continuances of the hearing. The sign shall be placed within five (5) feet of the street right-of-way/property line, or as close thereto as possible, in a central location on the property that is the subject of the hearings. The sign shall be readily visible to the public. If the property contains more than one (1) street frontage, one (1) sign shall be placed on each street frontage so as to face each of the streets abutting the land. The sign may be removed at the conclusion of the public hearings and must be removed at the end of all proceedings on the application or upon withdrawal of the application.

Planning And Zoning Commission. The Planning and Zoning Commission shall review the application as presented in staff's report, based upon the criteria contained within the applicable zoning and subdivision regulations and the comprehensive plan. The recommendation of the Planning and Zoning Commission is advisory. The Planning and Zoning Commission shall act upon the item before them in one (1) of the following ways:

Board Of Aldermen. The recommendation of the Planning and Zoning Commission is forwarded to the Board of Aldermen. The Board shall hear the item and take such action as it deems appropriate, including: 1) approval, 2) approval with conditions, or 3) denial.

Rules Pertaining To Continuances. Any applicant or authorized agent shall have the right to one (1) continuance of a public hearing before the Planning and Zoning Commission, or Board of Aldermen, provided that a written request for continuance is filed with the Director prior to opening the public hearing. Additionally, the Planning and Zoning Commission or Board of Aldermen may grant a continuance. A majority vote of those members of the official body present at the meeting shall be required to grant a continuance. The record shall indicate the reason for the continuance and any stipulations or conditions placed upon the continuance. If a continuance provides the date on which the matter will be heard, re-publication of notice is not required. If a continuance does not specify a date on which the matter will be heard, public notice pursuant to this Article shall be provided prior to the date on which the matter is heard.

Protest Petitions. Rezoning, special use permit and preliminary development plan applications are subject to protest petitions in accordance with the following:

Existing topography with contours at five (5) foot intervals, provided that where natural slopes are sufficiently flat, the Director may require contours at lesser intervals.

Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets and any existing easements.

Sufficient dimensions to indicate relationship between buildings, property lines, parking areas and other elements of the plan.

General extent and character of proposed landscaping.

Any public streets which are of record.

Any drives which exist or which are proposed to the degree that they appear on plans on file with the City except those serving single-family houses.

Any buildings which exist or are proposed to the degree that their location and size are shown on plans on file with the City. Single- and two-family residential buildings may be shown in approximate location and general size and shape.

The location and size of any drainage structure, such as culverts, paved or earthen ditches or storm water sewer and inlets.

The character of the neighborhood.

The existing and any proposed zoning and uses of adjacent properties, and the extent to which the proposed use is compatible with the adjacent zoning and uses.

The extent to which the proposed use facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

The suitability of the property for the uses to which is has been restricted under the applicable zoning district regulations.

The length of time, if any, the property has remained vacant as zoned.

The extent to which the proposed use will seriously injure the appropriate use of, or detrimentally affect, neighboring property.

The extent to which the proposed use will adversely affect the capacity or safety of the portions of the street network impacted by the use, or present parking problems in the vicinity of the property.

The extent to which the proposed use will create excessive storm water runoff, air pollution, water pollution, noise pollution or other environmental harm.

The extent to which the proposed use will negatively affect the values of the property or neighboring properties.

The extent to which there is a need for the use in the community.

The economic impact of the proposed use on the community.

The ability of the applicant to satisfy any requirements applicable to the specific uses imposed pursuant to this Chapter.

The extent to which public facilities and services are available and adequate to meet the demand for facilities and services generated by the proposed use.

The gain, if any, to the public health, safety and welfare due to approval of the application as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.

The conformance of the proposed use to the Comprehensive Plan, the Capital Improvements Plan, and other adopted planning policies.

The recommendation of professional staff.

The consistency of the proposed use with the permitted uses and the uses subject to conditions in the district in which the proposed rezoning or special use is located.

Conformance with the Comprehensive Plan, the Capital Improvements Plan, and other adopted planning policies;

Development will not impede the normal and orderly development and improvement of the surrounding property; and

Development incorporates adequate ingress and egress and an internal street network that minimizes traffic congestion.

Rezoning of a property to any planned district. A preliminary development plan shall be submitted and reviewed by staff, the Planning and Zoning Commission, and the Board of Aldermen simultaneously with the rezoning of the property;

The development of any vacant property in a planned district;

The redevelopment of any property in a planned district;

A substantial change, as defined in this Chapter, to an approved preliminary development plan; and

A change in the primary use of property that negatively impacts traffic circulation or significantly intensifies traffic generation necessitating the formation and approval of a development agreement for identified traffic improvements.

The rezoning to any of the standard districts ("A" through "M-2");

A building addition onto an existing building that did not require a preliminary development plan, provided that a substantial change would not be created per this Article; and

A rezoning to a planned district if the property to be rezoned is fully developed and no substantial changes to the existing building(s) or site improvements are planned.

A general location map of the proposed subdivision and its relationship to existing community facilities. Such location map shall show the location and name of subdivision(s), existing main traffic arteries, schools, parks and playgrounds.

The proposed layout of streets, right-of-way width, lots and other features in relation to existing utilities and other conditions. Proposed land use, parks, playgrounds and other public areas shall be shown on the preliminary development plan.

The subdivider may be required to submit the following with the preliminary development plan:

A legal description which accurately describes the limits of the property.

Approximate total acreage and square feet of the site.

The plan shall include the following information on the existing conditions for the proposed site and within one hundred eighty-five (185) feet of the property:

The plan shall include the following information on the proposed development:

Exterior building elevations. Depicting the general style, size, height, construction materials and color schedule of the building proposed.

Land Use Schedule. A land use schedule shall be provided which includes:

Statement of the need for any requested modification(s) from district regulations. A narrative statement that explains the need for any requested modification(s) of the applicable zoning district regulations shall be submitted in support of the application for the preliminary development plan approval.

Common Property Maintenance Plan. A written plan in such form as may be prescribed by the Director that demonstrates that all common property, if any, will be owned and maintained. Such statement shall be submitted with the application for preliminary development plan approval.

A change in the phases as originally specified in the preliminary development plan that would have a negative impact on the traffic circulation.

Increases in the density or intensity of residential uses of more than ten percent (10%).

Increases in the total floor area of all non-residential buildings covered by the plan of more than twenty-five percent (25%).

Increases of lot coverage of more than ten percent (10%).

Increases in the height of any building of more than twenty-five percent (25%).

Changes of architectural style that will make the project less compatible with neighboring uses.

Changes in ownership patterns or stages of construction that will lead to a different development concept.

Changes in ownership patterns or stages of construction that will impose substantially greater loads on streets and other public facilities.

Decreases of any setback of more than ten percent (10%).

Decreases of areas devoted to open space of more than ten percent (10%) of such open space, or the substantial relocation of such areas.

Changes of traffic circulation patterns that will negatively affect on-site and/or off-site traffic.

Changes of existing and/or proposed pedestrian walkways that will negatively affect pedestrian traffic.

Modification or removal of conditions to the preliminary development plan approval.

Changes to the water or sanitary sewer plans that impact these utilities outside the project boundaries.

Increases in the density of residential uses up to and including ten percent (10%).

Increases in the total floor area of all non-residential buildings covered by the plan up to and including twenty-five percent (25%).

Increases of lot coverage up to and including ten percent (10%).

Increases in the height of any building up to and including twenty-five percent (25%).

Decreases of any peripheral setback up to and including ten percent (10%).

Decreases of areas devoted to open space up to and including ten percent (10%).

Reconfiguration of buildings provided that no required setbacks are violated.

Revised phasing plan that has no substantial impact upon traffic circulation or required street construction.

The development of any property for which a preliminary development plan has been approved and no substantial changes, as defined in this Article, are proposed;

A building addition onto an existing building that did not require a preliminary development plan, provided that a substantial change would not be created per this Article;

An addition to an existing parking lot or change in configuration of an existing parking lot provided no modifications of this Chapter are requested;

The construction of any new parking lot provided no modifications of this Chapter are requested;

The development of any vacant property in districts other than "A," "E," "R-1," "R-1B," "R-2," or "R-2B," provided no modifications of this Chapter are requested.

Final analysis of the capacity of the existing sanitary sewer receiving system.

Final water and sanitary sewer plans.

Final storm water collection, detention and erosion control plans.

Location, height, intensity and type of outside lighting fixtures for buildings and parking lots.

Photometric diagram indicating the foot-candle levels throughout the site and at the property lines.

Location, size and type of material to be used in all screening of ground mounted mechanical equipment and trash enclosure(s).

The manufacturer's specification sheets for proposed mechanical equipment to be utilized.

Landscaping plans.

Pre-Application Meeting. Prior to submitting a formal application, the prospective applicant shall contact the Community Development Department to schedule a pre-application meeting. The pre-application meeting shall include appropriate City staff. The purpose of the pre-application meeting is to discuss the proposed application, appropriate requirements and procedures, the Comprehensive Plan, and provide the potential applicant with direction and make aware any potential concerns.

Formal Submittal. The applicant shall submit a formal application, appropriate fee, and all applicable required information as described above.

Completeness Review. Once the formal application and fee has been submitted staff will perform a high-level review of the submittal to confirm that it appears to be complete. No application shall be deemed complete until all items required to be submitted in support of the application have been submitted to the Department in the form and containing the information required by Code. Upon receipt of a complete application, the Department shall note the filing date on the application and shall make a permanent record thereof. If the applicant fails to submit any portion of the required information, the application will not be considered complete, the application shall not be processed. The filing and formal review will not begin until all required information has been submitted in the format required.

Formal Review. City staff shall review all applications, plans, information and data submitted in support of an application by the applicant. City staff shall have two (2) weeks from the date the application is considered complete to review and provide any comments back to the applicant. If there are corrections, staff shall have up to two (2) weeks to review subsequent resubmittals. Once all items have been satisfactorily addressed the final development plan shall be approved.

Review Criteria. Final development plans shall be reviewed against the appropriate zoning regulations for the district that the project is located in. Additionally, if there is an approved preliminary development plan for the project the final development plan shall be reviewed against that document and any related conditions of approval.

Duration Of Validity. Final development plan approval shall not be valid for a period longer than twelve (12) months from the date of such approval, unless within the period a building permit is obtained and substantial construction is commenced and all additional building permits necessary to complete the project as approved in the final development plan schedule are obtained in a timely manner, as determined by the Building Official. The Board of Aldermen may grant one (1) extension of no more than twelve (12) months upon written request of the original applicant. This request must be submitted to the Community Development Department prior to the expiration of the approved final development plan. Upon granting an extension, the Board of Aldermen has the authority to attach new conditions to the final development plan, as it deems appropriate.

Abandonment Of Final Development Plans. A final development plan or a section thereof shall terminate and be deemed null and void if: