1137.02 DETAILS OF PROCEDURE.

   (a)   Applications for any change in the regulations, district boundaries, or classifications of property shall be made in the following manner:

      (1)   On the initiative of Council, which shall be by passage of a resolution that it is deemed advisable that the Planning Commission investigate and study the proposed change.

      (2)   On the initiative of any property owner in the City, which request shall be accompanied by:

         A.   A completed "Application for Zoning Change" form, which shall be provided by the Department of Community and Economic Development.

         B.   The name and address of the applicant (if the applicant is not the owner of the land involved, written authorization from the owner consenting to the application must be included.)

         C.   A legal description of the land involved in the proposed rezoning request, including the County Auditor’s permanent parcel number.

         D.   A map sketch of the area sought to be changed, and the location of such area in relation to the nearest street.

         E.   The applicant shall submit one of the following:

            1.   A petition for Zone Change signed by a majority of the owners of real estate lying within 300 feet of any part of the area sought to be changed. The person who signs or the circulator of the petition shall also write the date the signature was made next to the owner’s name. No signature obtained more than one hundred eighty days before the date on which the petition is filed shall be counted in determining the number of signers of the petition.

An owner is determined as of the date the petition is filed with the Department of Community and Economic Development. If the owner is a corporation, partnership, business trust, estate, trust, organization, association, group, institution, society, state or political subdivision, the petition shall be signed by a person who is authorized to sign for that entity. A person who owns more than one parcel of real estate, either individually or as a tenant in common or by survivorship tenancy, within the 300 foot area, shall be counted as one owner for purposes of this section.

For purposes of this section, the state or any political subdivision shall not be considered an owner and shall not be included in determining the number of owners needed to sign a petition.

Any owner who signed the petition may have the signature removed by delivering a signed statement to the Department of Community and Economic Development expressing the owner’s wish to have the signature removed. Upon receiving a signed statement, the Department of Community and Economic Development shall strike through the signature, causing the signature to be deleted from the petition.

               - Or -

            2.   Evidence that the applicant has held a meeting with neighboring property owners and/or residents to review and discuss the proposed zone change. Items to be submitted as documentation for such meeting(s) shall include the following:

               a.   A copy of the meeting notice listing the date, time, place and purpose of the meeting.

               b.   A listing of those persons, businesses, and organizations, receiving notice of said meeting.

               c.   A copy of the sign-in sheet from said meeting.

               d.   Copies of any documents, hand-outs, and other materials distributed at said meeting.

         F.   A deposit of the fee required in Section 1137.03.

   (b)   The application for zoning change petition and map shall be filed by the applicant with the Department of Community and Economic Development.

   (c)   When the Department of Community and Economic Development determines that all requirements have been satisfactorily completed and are correct, and the fee paid, the department official so designated shall immediately forward the original application, legal description and map to Council and forward copies of same to the Planning Commission.

   (d)   The Planning Commission shall give due consideration to any and all such requests.

   (e)   Written notice of the Planning Commission hearing shall be mailed by the Clerk of Council by first class mail at least seven days before the date of such hearing to the owners of all properties lying within the area sought to be changed, and to the owners of all properties lying within 300 feet of any part of the area sought to be changed, to the addresses of such owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list, to the applicant, and to such others as may be specified.

   (f)   Not less than seven days prior to the hearing before the Planning Commission, the Clerk of Council shall cause a sign to be posted upon the site. This sign shall state the following:

      (1)   The action proposed, including the zoning change being requested.

      (2)   The schedule date, time and location of all hearings.

      (3)   Phone numbers to call for additional information.

   No posted sign shall be removed, tampered with, or destroyed before the conclusion of hearings on the rezoning application.
(Ord. 99-2007. Passed 10-1-07..)