The following procedures must be followed in order to establish a “NC” Neighborhood Conservation District:
(a) A petition requesting establishment of a neighborhood conservation district must be submitted to the Planning and Zoning Commission on forms provided by the Commission. The petition requirements are as follows:
(1) At least two (2) days prior to circulating a petition, the circulator(s) of the petition must distribute a neighborhood conservation district information sheet, provided by the Planning and Zoning Commission, to each property owner of record within the area to be petitioned.
(2) The petition must clearly identify and describe the specific boundaries where the neighborhood conservation district is to be located and if practicable, such boundaries must consist of easily identifiable features such as streets, alleys, platted subdivision boundaries or existing zoning district lines.
(3) Each petition must be circulated by a person who owns property within the proposed district and must be signed by the circulator.
(4) The petition must contain the signatures and addresses of two-thirds of the parcel owners within the proposed boundary of the district, exclusive of public property. Jointly-owned parcels will be considered owned by a single person for the purpose of petitioning, and any co-owner may sign a petition for such parcel. Only one owner of each parcel will count towards the two-thirds requirement. If a person owns more than one parcel of property within the proposed district, he or she may sign the petition for each property he or she owns.
(5) Each person signing the petition must also enter, on the petition, adjacent to their signature, the date that the person signed the petition.
(6) The petition must accurately advise the signer of what restrictions would be imposed on the property if the district is established. The circulator(s) of the petition shall verify on the petition that the required information sheet was distributed to each owner of record at least two (2) days prior to circulation of the petition and those signing the petition must acknowledge that they received the required information sheet at least two (2) days prior to signing the petition by marking the appropriate box next to their signature.
(7) There must be more than ten (10) separate lots or parcels within the proposed district as described in the petition, clearly bounded in a geographically logical way. In no instance shall the proposed district create an island surrounded by the proposed district.
(8) When submitted, no signature dated earlier than six (6) months prior to the time the petition is filed with the Planning and Zoning Commission shall be counted to determine the validity of the petition.
(b) Upon presentation to the Planning and Zoning Commission for review, the Zoning Administrator shall verify the signatures on the petitions. If insufficient signatures are presented, the Zoning Administrator shall return the petitions to the person filing the petitions and identify the invalid signatures. If sufficient valid signatures are presented, the Zoning Administrator shall then, within thirty (30) days, determine whether they are in conformity with the remaining provisions of this section.
(1) If the petition is determined to be in conformity with the requirements of this section, it shall be placed on the agenda for discussion at the earliest possible Planning and Zoning Commission meeting date, and the procedures in accordance with the requirements for zoning map amendments in Section 1191.03
shall be followed, without consideration of Section 1191.03
(e).
(2) The following guidelines shall be used by the Planning and Zoning Commission when considering a proposed neighborhood conservation district instead of those in Section 1191.03
(e).
A. The proposed district complies with boundary criteria;
B. The proposed district will preserve and enhance neighborhood character;
C. The proposed district will promote the public health, safety, and general welfare of the people of the district;
D. The proposed district will promote and implement the intent of the Comprehensive Plan; and
E. The proposed district will satisfy a legitimate need.
(3) If the petition is not in conformity with the requirements of this section, the Zoning Administrator shall reject the petition and return it to the person filing the petition with a written explanation as to why the petition does not comply with the requirements of this section.
(4) If the petition is rejected for failure to comply with boundary requirements, it may be resubmitted with the proper boundary lines if it is accompanied by certification that a copy of the petition and written notice was mailed to each property owner affected by the change, notifying them that their property was added to or deleted from the petition and if by correction of the boundary line the petition still complies with other requirements of this chapter.
(5) If the petition is rejected for an insufficient number of valid signatures, it may be resubmitted with additional signatures necessary to have it comply as long as the other signatures remain valid.
(6) Any resubmission after a petition has been rejected must be filed within ninety (90) days of rejection. Failure to comply this deadline shall constitute final petition rejection and denial.
(7) After public hearing and recommendation by the Planning and Zoning Commission, and prior to a final decision by City Council, Council may by ordinance amendment make changes to the boundaries of a proposed district, whether or not the two-thirds majority requirement of property owners would still be met with the proposed changes.
(c) Subsequent to the introduction of an ordinance by City Council proposing to establish a neighborhood conservation district, the circulator(s) of the petition or a majority of those persons who signed the petition may file a written request with City Council to table consideration or further proceedings toward adoption of the ordinance for sixty (60) days in order to allow the submission of an alternate petition for a different boundary for the district. If an alternate petition is submitted during the sixty (60) day period, City Council may introduce an alternate ordinance in conformity with the subsequent petition, and the ordinance shall, to the extent possible, be processed simultaneously. The Planning and Zoning Commission shall include in its recommendation to City Council which ordinance it concludes, after public hearing, has the majority of the support of the property owners in the proposed district and complies with the criteria in this Section 1175.04
(b)(2).
(d) After adoption by City Council, a petition to change the boundaries of a neighborhood conservation district or abolish a district pursuant to Section 1175.06
of this chapter will not be considered for one (1) year, following the same procedures used for establishing the initial district.
(Ord. 2014-52. Passed 7-8-14.)