(A) Ultimate issue on amendments. In deciding whether to adopt a proposed amendment to the UDO, the central issue before the Board of Commissioners is whether the proposed amendment advances the public health, safety or welfare. All other issues are irrelevant, and all information related to other issues at the public hearing may be declared irrelevant by the Mayor and excluded. When considering proposed map amendments:
(1) Except for Conditional Zoning District requests submitted in accordance with § 160.12, the Board of Commissioners shall not consider any representations made by the petitioner that, if the change is granted, the property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the Board of Commissioners shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification.
(2) The Board of Commissioners shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed change on the public at large.
(B) Approval criteria for text amendments. In reviewing applications to amend the text of the UDO, the Board of Commissioners should consider the following criteria:
(1) Whether the proposed amendment corrects an ambiguity or error or meets the challenge of some changing condition, trend or fact;
(2) Whether the proposed amendment is consistent with the city’s CAMA Comprehensive Land Use Plan and the stated purposes of the UDO;
(3) Whether the proposed amendment will protect the health, safety, morals or general welfare of the public; and
(4) Whether the proposed amendment will result in significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation.
(C) Approval criteria for map amendments. In reviewing proposed rezonings, the Board of Commissioners should consider the following criteria:
(1) Whether the proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;
(2) Whether the proposed rezoning is consistent with the city’s CAMA Comprehensive Land Use Plan and the purposes set forth in the UDO;
(3) Whether the city and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property, while maintaining sufficient levels of service to existing development;
(4) Whether the proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;
(5) Whether the proposed rezoning will not have significant adverse impacts on other property in the vicinity of the subject tract; and
(6) Whether the proposed zoning classification is suitable for the subject property.
(Ord. passed 7-25-2011)