(A) The burden of proof is upon the proponent. The more drastic the change or the greater the proposal or the greater the impact of the proposal in an area, the greater is the burden upon the proponent.
(B) The requested proposal must be supported by proof that:
(1) It conforms to the Comprehensive Plan for the city as now or hereafter constituted, and any other special plan for the area involved;
(2) It conforms to all applicable Charter and ordinance requirements;
(3) There is a public need for the proposal;
(4) The public need will be best served by granting the proposal (if the proposal is for a zone change, proof must be submitted that the public need will be best served by changing the classification of the particular piece of property in question as compared with other available property); and
(5) If other areas have been previously designated for a use or development submitted in the proposal, there is a necessity for introducing the proposal into an area not previously contemplated and that the property owners there should bear the burden, if any, of introducing that proposal into their area.
(C) The following criteria and factors are deemed relevant and material and shall be considered along with other factors deemed relevant by the deliberating body in reaching its decision on a proposal:
(1) Mistake in the original zoning ordinance;
(2) Change of conditions within the immediate neighborhood in which the use or development is proposed; and
(3) All factors pertinent to the preservation and promotion of the public health, safety, and general welfare, including but not limited to the character of the area involved, its peculiar suitability for particular uses, the conservation of property values, and the direction of building development.
(Res. 6, passed 9-8-1975)