§ 3.6.7. Petition process, boundaries, staff analysis, recommendation.

A.

The county shall require the filing of a petition and completed application for any Residential Infill Overlay District on forms promulgated by the planning department director.

B.

Any person(s) interested in pursuing the approval of a Residential Infill Overlay District upon request to the planning department will be provided with a petition and application form. The petition will allow for persons to sign in favor of the approval of a Residential Infill Overlay District. All signatories to the petition must be real property owners residing within the proposed Residential Infill Overlay District. The planning director shall not allow the petition process for the adoption of a Residential Infill Overlay District ordinance to begin to be reviewed and investigated by county staff until twenty (20) percent of the property owners in the proposed Residential Infill Overlay District have voted in favor of the imposition of the Residential Infill Overlay District designation by signing the petition described in this division. Once the twenty (20) percent threshold has been achieved, the planning director shall initiate notice to all property owners within the proposed district of a public meeting to be held at the community council meeting.

C.

Application forms must be accompanied by a boundary map and a complete list of each property located in the Infill Overlay District by street address or tax parcel identification number(s). All applications must be accompanied by a written description of why the particular properties qualify for a Residential Infill Overlay District designation. This written description shall include an analysis of all of the following criteria that shall guide the board of commissioners in deciding if specific property should be classified as a Residential Infill Overlay District:

1.

Whether the built environment of a neighborhood and its location, size or age, is one (1) in which it is desirable to ensure that new and remodeled single-family dwellings and related accessory uses and structures are compatible with the height, size, and level of forestation of the existing dwellings and lots; and

2.

Whether there is a need to establish and maintain a balance between preserving the character of a mature neighborhood while accommodating compatible new residential developments.

D.

All applications and petitions for a Residential Infill Overlay District shall become final upon presentation at a public hearing before the planning commission pursuant to section 7.2.2 of the Code, at which time the petition will include a minimum of fifty-five (55) percent of the property owners in support of the overlay district.

E.

The staff of the planning department shall conduct a site inspection on all complete applications for a Residential Infill Overlay District designation and shall investigate and prepare an analysis of such application in substantial compliance with section 7.3.4 and shall include a written analysis of whether the properties at issue satisfy the criteria identified in subsection C. The staff of the planning department shall present its findings and recommendations in written form to the planning commission and the board of commissioners. Copies of the written findings shall be reasonably available to the public.

F.

In addition to all other applicable standards and criteria, the board of commissioners shall consider whether the property at issue satisfies the criteria set forth in subsection C. If the board of commissioners approves the creation of a specific Residential Infill Overlay District, the newly created district shall be governed by the regulations in this division and any other applicable regulations in the code.

( Ord. No. 15-06 , 8-25-2015)