(A) General requirements.
(1) An application for establishing a Development Plan Overlay District shall be filed with the Planning and Zoning office at least 30 days prior to the Plan Commission meeting at which it is to be heard. A proposal to establish a District may be initiated by the Plan Commission or by a petition signed by the property owners of not less than 75% of the land to be included in the district.
(2) Since the district does not dictate land use, but only requires adherence to the development plan review process and associated design and developmental standards as specified in the Zoning Ordinance, notification shall be required only to those property owners within the proposed district. The notification shall be by legal notice in the local newspaper and direct mailing to the affected property owners.
(B) Preliminary review.
(1) Preliminary review of a proposed district is required for those applications initiated by petition of property owners. Prior to filing a formal application for a district, the petitioner(s) shall submit to the Planning and Zoning office no less than 6 copies of the proposal including the following information:
(a) A map indicating the boundaries of the proposed district;
(b) A narrative explaining the reason or need for creating the district;
(c) Whether Type I and/or Type II Design Standards will apply; and
(d) Additional development standards, if any, being recommended and explanation as to why they are necessary.
(2) The Planning staff may request additional information deemed necessary for consideration of the proposed district.
(3) The Planning staff shall review the proposal for compliance with the city’s Zoning Ordinance and the Comprehensive Land Use Plan. General discussions may be conducted between staff and the petitioner(s) to clarify the proposal or incorporate necessary modifications prior to filing of the formal petition.
(C) Plan Commission action. The Plan Commission shall conduct a public hearing on a proposed Development Plan Overlay District and forward its recommendation consisting of any conditions or modifications and the district boundary map to the City Council for final action.
(D) City Council action. The City Council shall make the final determination on the proposed district. Action by the Council shall be in accordance with § 151.291(B), “Map Amendment,” of the City Zoning Ordinance. All development within an approved district shall comply with the procedures for development plan review, as specified in the City Zoning Ordinance, and any additional development standards incorporated at the time the district was created.
(1979 Code, § 151.133) (Ord. 4370, passed 7-20-1998)