(A) Applications. Any person, organization or one or more interested parties may petition the Board of Commissioners to amend the text of the UDO or zoning map. The petition shall be filed with the Zoning Administrator and shall include, among the other information deemed relevant by the Zoning Administrator:
(1) The name, address and phone number of the applicant (i.e., the party requesting the change);
(2) The type of amendment proposed UDO text amendment or zoning map Amendment; and
(3) For proposed text amendments, the following additional information is required:
(a) A statement of the present regulation and the proposed amendment to it;
(b) A summary of the specific objective of the proposed change;
(c) A disclosure from the applicant as to any properties, development plans or other holdings or interests that would be affected by the proposed text amendment; and
(4) For proposed rezonings (i.e., changes in zoning district boundaries or classifications), the following additional information is required:
(a) The name of all legal owner(s) of the parcel(s) to be affected by the proposed zone change, with the mailing address(es) of all owner(s).
1. When the owner is not an individual, then the rezoning application shall include a disclosure statement that indicates the type of entity involved, and the name and address of each person who holds 10% or more of the business entity.
2. When the owner is a publicly-owned business entity, then the rezoning application shall include a disclosure statement that indicates the name and address of each person who holds 25% or more of the business entity.
(b) A legal description of the property to be affected by the change, including the street addresses of all parcels to be affected by the change;
(c) A scaled map of the land affected by the amendment (i.e., the site);
(d) A description of the proposed map change, including:
1. The size (in acres) and location of current and proposed zoning districts on the site;
2. Existing land uses on the site as well as surrounding properties; and
3. Existing environmental resources on the site, including air, surface and ground water, noise, stormwater management, wildlife, endangered species and hazardous materials.
(e) A discussion of the reason and purpose for the proposed map change and the public benefits of the amendment;
(f) A detailed discussion of the potential impacts and effects of the proposed rezoning on:
1. Environmental resources listed in division (d) above;
2. Service providers, including public safety, education, recreation, transportation and utility facilities services; and
3. Surrounding properties.
(g) A statement as to whether or not the rezoning is in general conformity with the Comprehensive Land Use Plan (which is adopted as the city’s CAMA Land Use Plan) and other plans and policies officially adopted by the Board of Commissioners.
(B) Timing and fees. Petitions shall be submitted for review and recommendation at least 30 days prior to the next regularly scheduled meeting of the Planning Board. Petitions for amendments shall be submitted to the Zoning Administrator in accordance with a filing and fee schedule available at the Planning and Inspections Department. City initiated petitions shall be exempt from this fee.
(C) Application amendments. Once the application has been filed with the Planning and Inspections Department, no changes can be made to that application prior to the Board of Commissioners Public Hearing.
(D) Conditional Zoning Districts (CD) distinguished.
(1) Applications for the rezoning of property to a conditional zoning district are governed by the procedures set forth both in this section and also in § 160.12.
(2) An application for rezoning to a general use district shall not be converted into an application for rezoning to a conditional zoning district at any point in the application review process, nor shall an application for rezoning to a conditional zoning district be converted into an application for rezoning to a general use district. If such a conversion is desired, the applicant must submit a new application for rezoning to the other type of district in accordance with the requirements of this chapter.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)