To ensure that as many properties as possible are in compliance with this Code, all commercial, multifamily and industrial property changing occupancy, shall first be reviewed by the Department of Community Development if either of the following apply:

(1)

The property has been vacant for a period of 12 consecutive months or more.

(2)

A change in the use of the property occurs.

(Code 1977, § 20.07(1); Ord. No. 2014-14, § 5, 8-6-2014)

The procedure for obtaining approval on a change in occupancy is as follows:

(1)

The property owner or agent shall meet with the Department of Community Development to explain the proposed occupancy. Any required documents or plans for change in occupancy shall be filed with the Department of Community Development; and

(2)

The Department of Community Development will review the proposed change and will verify whether the new occupancy complies with this Code. If the new occupancy complies, the occupancy change will then be approved. If the new occupancy does not comply, then corrective actions will be so noted and explained to the applicant. Change in occupancy will not be allowed until all corrective actions are completed.

(Code 1977, § 20.07(2); Ord. No. 2014-14, § 6, 8-6-2014)

An applicant who disagrees with corrective actions imposed upon him by the Department of Community Development may appeal to the City Plan Commission. The procedure to appeal this action is:

(1)

Applicant files a letter with the Department of Community Development explaining his disagreement with the interpretation of the Department of Community Development;

(2)

The Department shall place the appeal on the agenda at the next regularly scheduled meeting of the Plan Commission; and

(3)

The Plan Commission shall review the appeal and consider the matter. If the Commission upholds the Department's interpretation, then the applicant shall make the necessary corrective action. If the Commission agrees with the applicant, it may so order that the change in occupancy be allowed or may order that the change in occupancy be allowed with conditions it deems appropriate.

(Code 1977, § 20.07(3); Ord. No. 2014-14, § 7, 8-6-2014)