In those instances where a property owner wishes to request that commitments which were entered into in connection with a development plan approval, zone map change, PUD District ordinance, secondary approval of a PUD, modification of permitted uses or development requirements of a PUD, variance, or a special exception, be modified or terminated, the request for modification or termination shall comply with the following requirements:
(A) Form of filing. Such request shall be filed as an “Petition for Modification or Termination of Commitments” with the body which permitted or required the commitments (i.e., the Area Plan Commission or the Board of Zoning Appeals).
(1) In the case of a modification or termination of commitments permitted or required by the Area Plan Commission, the petition shall be on forms provided by the office of the Area Plan Commission.
(2) In the case of a modification or termination of commitments permitted or required by the Board of Zoning Appeals, the petitions shall be on forms provided by the St. Joseph County/City of South Bend Building Department/the Town Clerk-Treasurer.
(B) Public hearing and notice. Each request for modification or termination of commitments shall be determined after a public hearing. The notification requirements and other procedural requirements for conducting the public hearing on a modification or termination of commitments shall be the same as for the initial public hearing at which the commitments were originally permitted or required.
(C) Reasons for modification or termination. The petitioner or property owner shall be responsible for presenting convincing evidence to the Area Plan Commission or the Board of Zoning Appeals as to the reasons, need, or justification for the proposed modification or termination of commitments.
(Ord. 1221, § 10.05(f), passed 1-26-2010)