A. Purpose.
1. The purpose of the Zoning Map amendment procedure is to change a property's zoning classification by revising the Official Zoning Map to reflect changes in public policy, changed conditions, or to advance the health, safety, and welfare of the City.
2. The purpose is neither to relieve particular hardship nor to confer special privileges or rights on any person.
3. The Zoning Map amendment procedure should not be used when a special use permit, variance, or minor adjustment could be used to achieve a similar result.
B. Applicability.
1. This Section applies in the following instances:
a. Initial zoning of property into a zoning district at the time property is annexed into the City;
b. Changes of zoning from one base zoning district to a different base zoning district; and
c. To include property in, or exclude property from, an overlay zoning district.
2. Applications are subject to the common procedures identified in
Article II: Common Procedures unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in
Article II: Common Procedures and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C. Procedure.
1. Summary.
2. Preapplication Meetings.
3. Application Submission And Handling.
4. Staff Review And Action.
a. The Community Development Director shall review the application and prepare a staff report and recommendation to the Planning and Zoning Commission in accordance with
Section 405.050: Staff Review And Action.
5. Notice And Public Hearings.
6. Review And Decision-Making Bodies.
(1) A Zoning Map amendment shall be reviewed according to the following criteria:
(a) The Zoning Map amendment is consistent with the City's Comprehensive Plan and the purpose of this Code;
(b) The Zoning Map amendment is consistent with the purpose statement of the proposed zoning district and all district standards;
(c) The Zoning Map amendment will not create any new nonconformities or increase the degree of any existing nonconformities;
(d) Substantial changes in the subject area warrant a zoning change; and/or
(e) The intensity of development in the proposed zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood.
d. Protest Petition.
(1) If a written protest against a proposed Zoning Map amendment that is signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, said amendment shall not become effective except by the favorable vote of two-thirds of all the members of the Board of Aldermen.
(2) Protest petitions must be filed with Community Development Director at least one (1) week prior to the final decision of the Board of Aldermen.
7. Post-Decision Actions And Limitations.
(1) Effect Of Approval. Following approval of a Zoning Map amendment, the Community Development Director shall prepare a revision to the Official Zoning Map.
(2) Expiration Of Approval. The period of validity of an approved Zoning Map amendment shall not expire.
