A petition to amend the Official Zoning Map that is initiated by a person other than the City shall be made in accordance with the following procedures.
(A) Prior to the preparation of a formal petition, a petitioner or his agent shall meet with the Zoning Administrator to discuss the situation, learn the procedures, obtain a petition, and present any preliminary information.
(B) The petitioner or his agent shall complete the petition and shall prepare a site plan and other supporting materials that contain the information requested in § 150.185 of this chapter as well as the following:
(1) Description of business operations, including hours, products, market area, traffic volumes, and timetable for development (if applicable);
(2) A written joinder agreement signed by the title holder of the property and notarized, concurring with the requested amendment (if the petitioner is not the owner of the property).
(C) The petitioner or his agent shall file the completed petition, together with the required site plan and exhibits, with the Zoning Administrator at least 20 days prior to the required public hearing, and shall pay a filing fee according to the fee schedule in this chapter. The Zoning Administrator shall then schedule the petition for a public hearing before the Commission.
(D) The petitioner shall have notice of the public hearing published in a local newspaper of general circulation at least 15 days but not more than 30 days prior to the public hearing.
(E) Notices of the public hearing shall be mailed to all property owners within 250 feet of the outer boundaries of the property in question. Said mailing shall be completed at least 15 days but not more than 30 days prior to the public hearing. The failure of any property owner to receive such notification shall not invalidate the proceedings.
(F) If all required site plans and exhibits are provided, the Commission shall then hold the public hearing and shall review the petition and other related evidence. If all required plans and exhibits are not available for the Commission's consideration, action on the petition may be delayed until the information is made available.
(G) In reviewing the petition and the other evidence presented, the Commission shall consider the criteria listed here. Any request for a map amendment shall be reviewed for consistency with the following criteria:
(1) The request is consistent with all applicable provisions of the Comprehensive Plan.
(2) The request is compatible with the existing or allowable uses of adjacent properties.
(3) The request will preserve the essential character of the neighborhood in which it is located.
(4) The request will not adversely affect the public health, safety or welfare.
(5) The request will not adversely influence living conditions in the immediate vicinity.
(6) The request will not adversely affect adjacent properties.
(7) The request will not create undue traffic congestion.
(8) The request has minimized, to the degree possible, adverse effects on the natural environment.
(9) The request can demonstrate that adequate public facilities exist or will exist to serve the requested use at the time such facilities are needed.
(10) The request conforms to all applicable provisions of this Ordinance.
(H) The Commission shall then prepare and adopt findings and make a recommendation on the petition in accordance with § 150.173 of this subchapter.
(Ord. 8612, passed 12-2-08)