[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.