Sec. 656.1409. - Zoning amendments within a TOD.

(a) Applications and Recommendations. Applications filed by individual property owners, or JTA, to amend or modify the adopted TOD zoning overlay or overlay provisions, to add land to the TOD zoning overlay, and/or to remove land from the TOD zoning overlay, shall be processed in accordance with Section 656.121 , Ordinance Code. Applications and additional documents subsequently filed by the applicant with the Department shall be provided to JTA for review and comment regarding consistency of the application with the TOD master plan and TOD zoning overlay. A copy of the Department recommendation report shall be provided to JTA. (b) Additional Criteria. In addition to the criteria set forth in Section 656.125 , Ordinance Code, an applicant for a proposed zoning request has the burden of proving by substantial, competent evidence that the proposed application is consistent with the following criteria: (1) Whether the proposed request is consistent with the TOD development standards set forth in Section 656.1405 , Ordinance Code; and (2) Whether the proposed request furthers the vision, goals, and elements of the designated TOD master plan and zoning overlay. Approval of the proposed zoning request shall be accomplished by an appropriate amendment to the TOD master plan or TOD zoning overlay, or both. (Ord. 2022-526-E , § 1)