§ 32.04. CONTENTS OF PETITION FOR AMENDMENT.

All petitions for amendments to this ordinance, without limiting the rights to file additional material, shall contain at least the following:

A. The petitioner’s name, address and verified interest in the petition, as well as the name, address and interest of every person having a legal or an equitable interest in the land covered by the petition;

B. The nature and effect of the proposed amendment;

C. If the proposed amendment would require a change in the zoning map, a fully dimensioned map showing:

1. The land which would be affected by the proposed amendment;

2. A legal description of such land;

3. The present zoning classification of the land;

4. The zoning classification of all abutting districts;

5. All public and private rights-of-way and easements bounding and intersecting the land under consideration.

An application for approval of a rezoning shall not be processed or placed on an agenda for a public hearing until the site for which the rezoning has been requested is subject to any outstanding, unresolved Property Maintenance Code violation. Any outstanding Property Maintenance Code violation must be first resolved by correcting the violation or by having the applicant/property owner sign a written code compliance agreement with the City setting forth a written commitment by the applicant/property owner to bring the site and/or building into full compliance with all provisions of the Property Maintenance Code within a specific time period acceptable to the City Development Director.

D. If the proposed amendment would require a change in the zoning map, the names and addresses of the owners of all land within the area to be changed by the proposed amendment.

E. The alleged error in this ordinance, if any, which would be corrected by the proposed amendment, together with a detailed explanation of such error in the ordinance which is alleged and detailed reasons as to how the proposed amendment will correct the same.

F. The changed or changing conditions, if any, in the area or in the municipality generally which make the proposed amendment reasonably necessary.

G. All other circumstances, factors and reasons which applicant offers in support of the proposed amendment.

H. If the proposed request for rezoning or zoning map amendment includes conditions upon which the owner proposes to develop the land with a particular development or use, the owner may submit with the petition any documentation or information related to its proposed development, including but not limited to the following materials (in addition to those required by division A. through G.):

1. A detailed site plan for the proposed use or development of the land showing proposed buildings, setbacks, driveways, parking and other information required by Article 26 of the Zoning Ordinance.

2. Elevation drawings for any proposed buildings or structures to be constructed on the land, and descriptions of building materials to be incorporated.

3. Landscape plans showing the proposed landscaping and screening of the use or development of the property.

4. Signage plans showing the proposed signage to be installed as part of the proposed development or use of the land.

5. A written agreement specifying the conditions of approval voluntarily offered by the petitioner as a condition to approval of a rezoning or map amendment of the property, which may include site plans, elevation drawings, landscape plans, signage plans or other document that assist in identifying the conditions that have been proposed by the owner and accepted by the city.

6. The time period during which the owner intends to proceed with and complete development of the land in the manner proposed in the agreement (including interim benchmarks such as anticipated time to obtain site plan approval and securing of building permits), and after which the zoning change made by the rezoning or map amendment shall revert to the former zoning classification unless the time period is extended by the city.

I. Approval of a rezoning or map amendment by the City Council conditioned upon development or use of land in a particular manner with a use which is a special approval land use under the Zoning Ordinance shall not require separate special approval land use if the development or use has been approved by the City Council as part of the conditional rezoning or map amendment for the land.

J. Approval of a rezoning or map amendment by the City Council conditioned upon development or use of land in a particular manner with a use or in a manner which requires a variance or modification of the standards set forth in the Zoning Ordinance shall not require separate approval of the variance or modification if the development or use has been approved by the City Council with the variance or modification included as part of the conditional rezoning or map amendment for the land.

K. An owner shall not be required to propose voluntary conditions as part of a request for rezoning or map amendment.

L. An owner who has filed a request for rezoning or map amendment with conditions may request at any time prior to a final decision of the City Council that the petition be considered as a request for map amendment or rezoning without conditions. In such instances, the petition shall be referred to the Planning Commission for a new public hearing after notice is given as required by law.

(Ord. No. 278-FF, §§ 6-7, 5-3-05; Ord. No. 278-RR, § 6, 10-18-11)