MapLink™ | Procedures | Zoning Map Amendment

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Zoning Map Amendment
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.
a. A preapplication staff meeting and preapplication neighborhood meeting shall be held in accordance with Section 405.030: Preapplication Meetings.
3. Application Submission And Handling.
a. The application shall be submitted to the Department of Community Development and handled in accordance with Section 405.040: Application Submission And Handling and the following modifications:
(1) In addition to the persons authorized to submit an application listed in § 405.040(A), the Planning and Zoning Commission, Board of Aldermen, and Community Development Director may initiate a Zoning Map amendment application.
(2) An application for a Zoning Map amendment shall be submitted concurrently with an application for preliminary plat (Section 405.120: Preliminary Plat), site plan (Section 405.160: Site Plan), or Master Plan (Section 405.150: Master Plan).
(3) A request for a Zoning Map amendment that would create a nonconformity shall not be approved unless approval is first granted for a minor adjustment (Section 405.220: Minor Adjustment) or variance (Section 405.230: Variance).
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.
a. The application shall be scheduled for public hearings before the Planning and Zoning Commission and Board of Aldermen and noticed in accordance with Section 405.060: Notice And Public Hearings.
6. Review And Decision-Making Bodies.
a. Planning And Zoning Commission Review And Recommendation. The Planning and Zoning Commission shall review the application and recommend approval or denial in accordance with Section 405.070: Review And Decision-Making Bodies and the criteria listed in Subsection (C)(6)(c). The Planning and Zoning Commission may also continue the public hearing to a specific date in accordance with Section 405.070: Review And Decision-Making Bodies.
b. Board Of Aldermen Review And Decision. The Board of Aldermen shall review the application and act to approve, by ordinance, or deny the application in accordance with Section 405.070: Review And Decision-Making Bodies and the criteria listed in Subsection (C)(6)(c). The Board of Aldermen may also continue the public hearing to a specific date in accordance with Section 405.070: Review And Decision-Making Bodies.
c. Review Criteria.
(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.
(2) In addition to the preceding criteria, an application for a Zoning Map amendment to include a property in the PUD - Planned Unit Development Overlay District, shall also be reviewed in accordance with Section 415.130: PUD - Planned Unit Development Overlay District.
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.
a. The post-decision actions and limitations in Section 405.080: Post-Decision Actions And Limitations shall apply with the following modifications:
(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.
 
See Applications for more information.
Application Materials
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Summary Table of Application Procedures

Table 405.010, Summary Table of Application Procedures, lists the applications authorized by this Chapter and application-specific requirements from Articles III through VIII for preapplication meetings, public hearing notice, review and decision-making bodies, and expiration of approval. The table also lists cross references to related applications authorized by and subject to requirements of other chapters of the Municipal Code.

In the event of conflict between the application-specific procedures in Articles III through VIII and the requirements summarized in Table 405.010, Summary Table of Application Procedures, the application-specific procedures and requirements in Articles III through VIII shall govern.