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Amend Zoning Ordinance in the Municipal Code Regulate and Restrict the Location of Trades, Callings, Industries, Commercial Enterprises and the Location of Buildings Designed
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Amend Zoning Ordinance in the Municipal Code Regulate and Restrict the Location of Trades, Callings, Industries, Commercial Enterprises and the Location of Buildings Designed
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/11/1968
Ord-Res Number
4990-68
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35B <br />becomes law, file with the Area Plan Commission a declaration <br />under oath that the construction pursuant to the site develop- <br />ment plan has been completed or shall file a declaration under <br />oath to the fact that the construction pursuant to the site <br />development plan has not been completed and shall state the <br />reasons why said construction has not been completed. If the <br />Area Plan Commission determines that the petitioner, or his <br />successor in title, has failed to diligently pursue completion <br />pursuant to the site development plan after construction is <br />commenced then it may withdraw approval, revoke any building <br />permit that has been issued and order that the original zoning <br />classification be reinstated. If the Area Plan Commission <br />determines that the petitioner, or his successor in title, has <br />diligently pursued completion pursuant to the site development <br />plan after construction is commenced, then the Area Plan Comm- <br />ission may grant the petitioner, or his successor in title, <br />a six (6) month extension or such period of time beyond six (6) <br />months as may be requested by the petitioner ar at the Plan <br />Commission's own motion, to complete the construction pursuant <br />to the site development plan. <br />Any person who failesto conform to the provisions <br />of the rezoning ordinance subject to the site development plan <br />shall be ordered to cease and desist by the Building Commissioner <br />and failing so to do, shall be required by the Area Plan Comm- <br />ission to show cause, if any he has, why approval should not <br />be withdrawn, his building permit revoked or the original <br />zoning classification reinstated. <br />(b) Prior to the submission to the City Council of a Plan <br />Commission petition or a report on a proposed ordinance or a <br />petition referred to it for recommencation, the Plan Commission <br />shall hold a public hearing on the same, notice of which shall <br />be published in a newspaper of general circulation in the city, <br />ten (10) days prior to the date set for such public hearing. <br />(c) If the report of the Plan Commission is adverse to the <br />proposed change or amendment, the Ordinance shall not be passed <br />except by a vote of at least seventy -five (757 percentum of <br />- the members of the City Council. Failure of the City Council <br />to pass such proposed ordinance by said affirmative vote within <br />ninety (90) days after its rejection by the Plan Commission <br />-- shall constitite rejection of the proposed ordinance and it <br />shall not be reconsidered by the Planning Commission or the <br />City Council until the expiration of one (1) year after date <br />- of its original rejection by the Plan Commission. Provided <br />however, if for any reason the petition is withdrawn after a <br />public hearing held by the plan commission, a second or sub- <br />- sequent petition covering the same property or pnntion thereof <br />requesting relief within the same use district, shall not be <br />considered by the Common Council until one year has elapsed <br />following its withdrawal by the petitioner. <br />
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