§ 40-816. Process after decision.

(a)

If the application for site and design plan approval is denied, the applicant shall not be granted a development permit, building permit, or certificate of occupancy, as appropriate. The Planning Commission shall specify via the Zoning Administrator in writing to the applicant the reasons for denial. The Planning Commission may suggest alternative courses of action it thinks proper if it denies the application submitted. If he so desires, the applicant may make modifications to the plans and may resubmit the application at any time after doing so.

(b)

If an application is denied by the Planning Commission, or if the conditions of approval are considered by the applicant to be onerous or burdensome, the applicant for site and design plan approval shall have 15 calendar days to file a written appeal of the commission's decision to the City Council. The City Council shall make a decision within 30 calendar days from the date of the meeting the initial appeal was considered unless such time is extended with the approval of the appealing party. Decisions shall be made based on the record presented to the Planning Commission, not on the basis of new information.

(c)

All decisions of the City Council regarding appeals of decisions of the Planning Commission shall be final and shall in all instances be subject to judicial review in the manner prescribed by law. In reviewing a decision of the Planning Commission, the City Council may affirm the Planning Commission's decision, modify it, or remand the matter to the commission for further action. When a decision to approve is made by the City Council on appeal to approve a site and design plan application, the approval shall constitute final site and design plan approval for purposes of this article.

(Code 1997, § 40-1110; Ord. of 2-6-2012, § 1(40-1110))