(A) Any person, persons, firms or corporations which shall make application for an improvement location permit shall, at the time of making the application, furnish the Building Commissioner with a site plan of the real estate upon which the application for an improvement location permit is made, at least 5 days prior to the issuance of the improvement location permit, which 5 day period may be waived by the Building Commissioner. The site plan shall be drawn to scale showing the following items:
(1) A legal 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; and
(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 or structure or exit or entrance shown on the site plan and/or the location of new exits or entrances not shown on the site plan before issuing an improvement location permit when the action is necessary to carry out the purpose and intent of this chapter.
(D) The Building Commissioner shall issue an improvement location permit for a conditional use only following receipt of notice from the Board that the application therefor has been approved by the Board.
(E) Any person, to whom is issued an improvement location permit pursuant to division (D) above, who fails to commence construction of an authorized industrial park or shopping center within 24 months after the permit is issued, or who fails to carry to completion 30% of the total development plan thereof within 3 years after the permit is issued, or within 1 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 the 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upon written petition of any person deeming himself or herself aggrieved, to show cause why approval should not be withdrawn and the permit revoked; provided, however, that no order to show cause shall be issued for failure to commence construction within 24 months after construction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 the person to require the holder of the permit to show cause pursuant to the provisions of division (A)(1) of this section, 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 laws. The notice shall name a day not less than 10 days after the date the notice is mailed and after the second of the publication upon which the 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 at the hearing, the Board shall find that the holder of the permit in question has failed to commence construction of the industrial park or 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 3 years after the 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 the improvement location permit was issued, the Board shall withdraw its approval of the development plan, and order the permit revoked; provided, however, that the Board may, if it deems the failure correctable within a period of 6 months, extend the time within which the period holder may purge himself or herself of such failure for not longer than the period, during which period the hearing shall be continued to a day certain at the end thereof.
(F) Not more than 1 improvement location permit for each C-3 District symbol on the zone map may be issued and outstanding at any 1 time.
(G) In the event the Board shall revoke an improvement location permit under the authority of division (E)(2), it may thereafter grant approval for another shopping center development in the same C-3 District subject to all of the provisions and requirements of this chapter.
(H) The holder of an improvement location permit for an industrial park or shopping center may apply to the Board at any time for an alteration, change, amendment or extension of the development plan upon which the permit is based.
(1) Upon receipt of the application, the Board shall proceed as in the case of original application for conditional uses.
(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.
(I) No land shall be occupied or used, and no building hereafter created, reconstructed or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of occupancy shall have been issued by the Building Commissioner stating that the building and use comply with all of the provisions of this chapter applicable to the building or premises or the use in the district in which it is to be located.
(J) No change in use shall be made in any building or part thereof, now or hereafter erected, reconstructed or structurally altered, without a certificate of occupancy having been issued by the Building Commissioner, and no permit shall be issued to make the change unless it is in conformity with the provisions of this chapter.
(K) A certificate of occupancy shall be applied for coincidentally with the application of an improvement location permit, and shall be issued within 10 days after the lawful erection, reconstruction or structural alteration of the building shall have been completed.
(L) A record of all certificates of occupancy shall be kept on file in the office of the Building Commissioner, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected.
(M) No improvement location permit shall be issued for excavation for, or the erection, reconstruction or structural alteration of any building, before application has been made for a certificate of occupancy.
(Prior Code, § 156.32) (Am. Ord. 8-86, passed 7-14-1986)