(A) Any person who shall make application for an improvement location permit shall furnish the Building Commissioner with a site plan or development plan of the real estate upon which the application for an improvement location permit is made. The site plan or development plan shall be drawn to scale showing the following items:
(1) Legal or site description of the real estate involved.
(2) Location and size of all buildings and structures.
(3) Width and length of all entrances and exits to and from the real estate.
(4) All adjacent and adjoining roads or highways.
(B) Site plans so furnished to the Building Commissioner shall be filed by the Building Commissioner and shall become a permanent record.
(C) The Building Commissioner may require the relocation of any proposed building, structure, exit, or entrance shown on the site plan or the location of new exits or entrances not shown on the site plan before issuing an improvement location permit when such action is necessary to carry out the purpose and intent of this chapter.
(D) An application for an improvement location permit for any use subject to the provisions of § 152.20 shall be accompanied by a certificate of compliance subscribed by a registered professional engineer of the state, certifying that the use intended will satisfy the performance standards of the district in which it is to be located. The Building Commissioner may take ten days in which to study the application, during which time he may consult with appropriate technical consultants. If, after the ten-day period, the Building Commissioner has not required any additional information or stated any objections in writing, the Building Commissioner shall issue the improvement location permit.
(E) The Building Commissioner shall issue an improvement location permit for a variance only following receipt of notice from the Board of Zoning Appeals that the application therefor has been approved by the Board.
(F) Any person, to whom is issued an improvement location permit for a shopping center pursuant to division (E), above, who fails to commence construction within 24 months after the permit is issued, or who fails to carry to completion 30% of the total development plan thereof within three years after the permit is issued, or within one year after construction is begun, whichever is later, or who fails to conform to the provisions of the development plan and supporting data finally approved by the Board and upon the basis of which such improvement location permit was issued, may be required by the Board upon its own motion, and shall be required by the Board upon written petition of any person deeming himself aggrieved, to show cause why the approval should not be withdrawn and the permit revoked. However, no such order to show cause shall be issued for failure to commence construction within 24 months after the construction has in fact commenced, even though commenced after the expiration of the 24-month period.
(1) Upon the determination by the Board or petition by such person to require the holder of the permit to show cause pursuant to the provisions of this division, the Board shall set the same for public hearing, and cause written notice thereof to be sent by registered mail to the permit holder, and to be published according to law. The notice shall name a day not less than ten days after the date the notice is mailed and after the publication of notice of the date when such hearing will be held.
(2) If after the hearing, upon evidence publicly presented to the Board by members of the public or officers or employees of the city, including members of the Board, present in person at the hearing, the Board shall find that the holder of the permit in question has failed to commence construction of the shopping center within 24 months from the date the improvement location permit was issued, has failed to carry to completion 30% of the total development plan within three years after that date, or has failed materially to conform to the provisions of the development plan and supporting data finally approved by the Board and upon the basis of which such improvement location permit was issued, the Board shall withdraw its approval of the development plan and order the permit revoked.
(3) However, the Board may, if it deems the failure correctable within a period of six months, extend the time within which the permit holder may purge himself of the failure for not longer than that period, during which period the hearing shall be continued to a day certain at the end thereof.
(G) Not more than one improvement location permit for each C3 District symbol on the zone map may be issued and outstanding at any one time.
(H) In the event the Board shall revoke an improvement location permit under the authority of division (F) hereof, it may thereafter grant approval for another shopping center development in the same C3 District subject to all of the provisions and requirements of this chapter.
(I) The holder of an improvement location permit for a shopping center may apply to the Board at any time for an alteration, change, amendment, or extension of the development plan upon which such permit is based.
(1) Upon receipt of the application the Board shall proceed as in the case of original applications for an improvement location permit for a variance.
(2) In the event the Board shall approve and order the development plan changed, altered, amended, or extended, it shall so notify the Building Commissioner, who shall issue an amended improvement location permit accordingly.
(Ord. 2281, passed 4-2-79) Penalty, see § 152.99
Statutory reference:
Improvement location permits, see IC 36-7-4-800 et seq.