[R.O. 1992 § 430.040; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Notification By Corporation. A development
plan must be accompanied by evidence that each person or entity having
of record fee simple ownership of real property within the area has
been given written notice of the filing of the development plan by
depositing such notice in the regular United States mail, postage
prepaid, addressed to such person or entity at the address indicated
on the records of the Recorder's Office for the County in which the
property is located. A certification that similar notification by
mail has been given such persons or entities of any hearings before
the Commission and the City Council on such plan shall be provided
on or before the date of the hearing before the respective body.
B. Notification And Hearing By Commission.
The City Clerk shall promptly refer each development plan to the City
Planning and Zoning Commission. The City Planning and Zoning Commission
shall thereupon provide for a public hearing upon such development
plan and cause notice of the hearing thereon to be given by at least
one (1) publication in the newspaper doing the City printing not less
than ten (10) days before the date of the hearing. All interested
parties may be heard at such hearing. No other development plan, however,
which proposes the development of all or any part of the real property
in the area described in any development plan either then on file
with the City Clerk or previously approved by ordinance shall be considered
by the Council or the Commission unless the second plan shall also
be filed with the City Clerk within not more than twenty (20) days
next following the date of the first scheduled hearing by the City
Planning and Zoning Commission. In the event more than one (1) development
plan is filed with the City Clerk affecting all or any part of the
same area, there shall be a public hearing on each plan. After such
hearing, the Commission may make such other investigations as it deems
proper, and thereafter submit a report to any such plans to the Council.
[R.O. 1992 § 430.045; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Evidence Required. Any application for
approval of a development plan must be supported by factual evidence
of blight.
1.
Evidence must relate to the area
generally.
2.
Evidence must relate to each specific
property proposed to be acquired.
3.
Evidence must be sufficient to show
that by reason of age, obsolescence, inadequate or outmoded design
or physical deterioration, the properties involved are either an economic
or social liability, and that such conditions are conducive to ill
health, transmission of disease, crime or inability to pay reasonable
taxes.
4.
The City Planning and Zoning Commission
shall analyze the evidence submitted and, to the extent necessary,
conduct its own study in order to prepare a report to the City Council
either confirming the conditions of blight or setting out such exceptions
or modifications as may be appropriate.
5.
Evidence must be sufficiently complete
so that the City Council can make a finding of blight, as required
by State Statute.
[R.O. 1992 § 430.050; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Development Plan Determinations. The development
plan shall not be approved by the City Planning and Zoning Commission
until and unless the Commission shall determine each of the following
matters:
1.
Necessity: that the area within which the redevelopment is to be made is blighted, and that redevelopment in accordance with the development plan is necessary or advisable to effectuate the public purposes declared in Section
430.010.
2.
Compliance with Master Plan: that
the development plan is in accord with the Master Plan of the City.
3.
Size of area: that the area is of
sufficient size to allow its redevelopment in an efficient and economically
satisfactory manner.
4.
Stages of plan: that the various
stages, if any, by which the redevelopment is proposed to be constructed
or undertaken, as stated in the development plan, are practicable
and in the public interest.
5.
Adequacy of housing: that housing
accommodations are, or will soon be, available for all persons who
will be displaced by the redevelopment project, and that no undue
hardship to such persons will be caused thereby.
6.
Adequacy of public facilities: that
public facilities, including, but not limited to, school, fire, water,
sewer, police, transportation, park, playground and recreation, are
presently adequate, or will be adequate at the time that the redevelopment
is ready for use, to service the area.
7.
Zoning, street changes: that the
proposed changes, if any, in Zoning Ordinances or Maps and in streets
and street levels, or any proposed street closings, are necessary
or desirable for the redevelopment and its protection against blighting
influences, and for the City as a whole.
8.
Costs of condemnation: the estimated
cost of acquisition of real property which it is proposed the City
will acquire for the proponents of the development plan, by the exercise
of the power of eminent domain.
[R.O. 1992 § 430.055; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Any determination by the City Planning and Zoning Commission as described in Section
430.050 shall be conclusive evidence of the misfeasance. In arriving at such determination, the Commission shall consider only those elements of the development plan relevant to such determination under Section
430.050(A)(1) through
(8) and relevant to the type of redevelopment which is in the public interest for the area. After fully considering each development plan, the City Planning and Zoning Commission shall forthwith transmit its report thereon to the Council.
[R.O. 1992 § 430.060; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The City Planning and Zoning Commission may report to the City Council for its approval an amendment to a development plan, but no such amendment to a development plan shall be approved, unless and until an application therefor has been filed with the City Planning and Zoning Commission by the proponents thereof containing those portions of the statements and information required by Section
430.030 relevant to the proposed amendment, and unless and until the City Planning and Zoning Commission shall make the determinations required by Section
430.050 relevant to the proposed amendment.
[R.O. 1992 § 430.065; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Investigation. It shall be the duty of
the Zoning Administrator, after a development plan has been approved
by the City Council, to investigate and determine from time to time
during construction of the redevelopment project whether the corporation
undertaking such development plan is fully complying with the provisions
thereof in the manner and at the times fixed therein for the performances
of the various stages thereof.
B. Reports. It shall also be the duty of the
Zoning Administrator to make reports from time to time during the
construction of the redevelopment project to the City Council regarding
each redevelopment project and the performances of compliance with
each development plan, and also as to compliance with the provisions
of this Chapter by any corporation operating thereunder.
C. Time Extension. The City Council may, upon
the recommendation of the City Planning and Zoning Commission and
for good cause shown, grant to the corporation operating under an
approved development plan an extension of time in which to complete
the redevelopment project, or any step or portion thereof.
D. Recommendation Of Certification. When a corporation operating under an approved development plan shall have completed the redevelopment project in accordance with the provisions of the development plan, in the manner and at the time fixed therein for the performance of the various stages thereof, the Zoning Administrator, upon the written request of such corporation, shall conduct an investigation and report to the City Planning and Zoning Commission; and if the City Planning and Zoning Commission determines that the project has been so completed, it shall recommend to the City Council that a certificate of full compliance be issued to such corporation for each State, and the City Council may authorize the Mayor to issue a certificate of compliance which shall be conclusive evidence of such compliance, except upon proof of fraud. The investigation and reports of the Commission required by Subsections
(A) and
(B) of this Section shall not be required or made subsequent to the date of issuance of such certificate; however, every such corporation shall render annually to the City Administrator, during the existence of any tax relief period described in this Chapter, three (3) copies of its financial report for the preceding year, which report shall disclose the earnings of the corporation and the disposition of any net earnings in excess of those provided for under Section
430.075, and the interest rate on income debentures, bonds, notes or other evidences of debt of the corporation; thereupon, the City Administrator shall review the financial report of the corporation and thereafter he/she shall file with the City Clerk and the City Planning and Zoning Commission the financial report, accompanied by his/her opinion, as to compliance by the corporation with Section
430.075.
E. Rules And Regulations. The City Planning
and Zoning Commission shall have power to make and adopt such rules
and regulations necessary and proper to effectuate the purposes of
this Chapter.
[R.O. 1992 § 430.070; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Report. The report of the City Planning
and Zoning Commission upon each development plan shall be filed with
the City Clerk, accompanied by an ordinance provided for the approval,
disapproval or other action on such plan. If such ordinance provides
for the approval of the plan, the Council may, if it deems desirable,
authorize the Mayor to enter into a contract on behalf of the City
with the proposer or proposers of the plan, such contract to contain
the provisions as embodied in the plan, the approving ordinance, a
provision that the applicable provisions of this Chapter shall be
incorporated by reference into such contract, and a provision that
the terms, conditions or provisions of the contract can be neither
modified nor eliminated except by mutual agreement between the City
and the proposer or proposers of the plan; provided, however, that
no such contract shall be construed as an enlargement of the authority
conferred upon the City by the Urban Redevelopment Corporations Law.
The City Clerk shall submit such ordinance, together with such report
and plan, to the Council at its next regular meeting thereafter.
B. Council Actions. The Council shall be entitled
to take any of the following actions with respect to a development
plan:
1.
Unconditionally approve the plan
and may, if it deems desirable, authorize the Mayor on behalf of the
City to enter into a contract with the proposer or proposers thereof,
or disapprove the plan;
2.
Approve the plan subject to such
conditions, exceptions or restrictions as the Council may deem to
be in the public interest; or
3.
Refer such plan to the City Planning
and Zoning Commission with recommendations as to changes or amendments
to be made therein.
C. Findings And Declarations Of Council. In
any ordinance approving a development plan, the Council shall make
the following findings and declarations:
1.
That the area included within a development
plan is a blighted area, and that the clearance, redevelopment, replanning,
rehabilitation or reconstruction thereof is necessary for the public
convenience and necessity.
2.
That if a corporation seeks to acquire
all or any part of the real property within a blighted area by exercise
of the power of eminent domain, such acquisition by the exercise of
the power of eminent domain is for the public convenience and necessity.
3.
That approval of the development
plan and construction of the redevelopment project are necessary for
the preservation of the public peace, property, health, safety, morals
and welfare.