§ 45-3403. Procedure.

(a)

The petition for an amendment to the zoning ordinance shall be filed with the director of planning, who shall transmit one (1) copy to the director of codes compliance. At the time of such filing, the director of planning shall be consulted as to the appropriateness of the proposed amendments. Such petition shall include:

(1)

For a proposed amendment to the zoning ordinance text:

a.

A suggested wording of the proposed revision properly referenced to the existing ordinance by article and section number;

b.

The nature and extent of the amendment desired, together with an explanation of the reasons for seeking such change.

(2)

For a proposed amendment to the zoning map:

a.

A legal description of the property for which the change of zoning is requested.

b.

Three (3) plats showing the property drawn at a scale with sufficient references to existing streets and subdivisions to enable said property to be located on city maps, along with the area of proposed zoning change, in square feet or acres.

c.

Complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the names of stockholders, officers and directors and in any case the names and addresses of all of the real parties of interest. However, the requirement of listing names of stockholders, officers and directors shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than five hundred (500) shareholders. In the case of a condominium, the requirement shall apply only to the title owner, contract purchaser, or lessee if they own ten (10) percent or more of the units in the condominium.

d.

The names and addresses as far as practicable of property owners abutting the property of which said change is requested. For this purpose, property separated from the petitioned property by a street shall be considered to abut said property.

e.

A statement indicating the intended use of the property under the proposed zoning classification.

f.

A statement signed by the property owner giving consent to the submission of the application when the property owner is not the applicant.

g.

A conditioned or unconditioned proffer statement.

h.

Ten (10) copies and one eight and one-half (8½) inch by eleven (11) inch reproducible copy of a more detailed plan as may be deemed necessary by the director of planning to perform the required evaluation. Such additional information may include, but need not be limited to: Topography, ingress and egress, location of buildings and improvements, vegetations, surrounding land use, proposed connections to existing or proposed water, sewer and drainage facilities.

(b)

All applications shall be annotated with either of the following statements:

(1)

"I hereby proffer that the development of the subject property of this application shall be in accordance with the conditions set forth in this submission." or

(2)

"I hereby proffer that the development of the subject property of this application shall not be subject to any additional conditions not otherwise provided for the requested zoning district by ordinance."

(c)

The director of planning shall place the proposed amendment on the agenda of the planning commission for public hearing at a regular meeting to be held no later than sixty (60) days after the proposed amendment is filed. When the property under consideration drains into any of the city's reservoirs, comments from the director of waterworks shall be solicited prior to planning commission action. The planning commission shall transmit its report and recommendation to the city council within one hundred (100) days from the date of the first meeting of the planning commission at which the proposed amendment first appears on the agenda for consideration. After such time, the council shall conduct its public hearing and take final action upon the petition. For the purpose of this article, the proposed amendment is deemed to be referred to the planning commission on the date the matter is to be first considered at a meeting by the planning commission.

(Ord. No. 5028-97, § 1; Ord. No. 6419-07, § 1; Ord. No. 7315-16)

(Ord. No. 5028-97, § 1; Ord. No. 6419-07, § 1; Ord. No. 7315-16)