§ 160.004 AUTHORITY OF PUBLIC DEVELOPMENT PLAN.
   (A)   The City Council or other governing body within the corporate limits of the city shall be guided by and give consideration to the general policy and pattern of development set out in the public development plan in the authorization, construction, alteration or abandonment of public ways, public places, public structures or public utilities and the authorization, acceptance or construction of water mains, sewers, connections, facilities or utilities.
   (B)   Pursuant to I.C. 36-7-3-12, the Common Council shall consider any petitions for vacating or abandonment of public ways or platted lots. No public way or platted lot shall be abandoned or vacated until the city’s Plan Commission has given notice and held a public hearing on vacation or abandonment of the public ways or platted lots to determine if the abandonment or vacation is in conformity with the public development plan. The Plan Commission shall forward its recommendations to Common Council wherein the proceeding is pending. The Common Council shall not override the recommendation of the Plan Commission unless done so by a two-thirds vote of the entire Council, which shall then constitute an amendment of the public development plan.
   (C)   The Board of Public Works and Safety or other party who proposes dedication or modification of a street or thoroughfare and is not subject to the subdivision regulations in Chapter 165 of this code of ordinances, shall submit proposals for determining the lines for new, extended, widened or narrowed streets or thoroughfares within the city to the Plan Commission. The Plan Commission shall determine if the new or modified streets or thoroughfares are in conformity with the public development plan. The Plan Commission shall forward its recommendation to the Board of Public Works and Safety or other party. The Board or other party shall not over-ride the recommendation of the Plan Commission unless done so by a three-fourths vote of the City Council, which shall then constitute an amendment of the public development plan. The Board or other person proposing the dedication or modification shall be responsible for initiating a review of the Plan Commission’s adverse recommendation by the City Council by petition to that body.
   (D)   Within the city, a structure shall not be located and an improvement location permit for a structure on platted or unplatted lands shall not be issued unless the structure and its location conform to the public development plan and this chapter. The improvement location permit shall be issued by the Planning Director after the public body board or other public entity proposing to build the structure has submitted its proposed location for the structure to the Plan Commission and the Plan Commission has determined that the proposed location of the structure is in conformity with the public development plan.
(Prior Code, § 155.04) (Ord. 2282-1967, passed - -1967; Ord. 18-1984, passed - -1984)