§ 47-24.4. Rezoning (city commission).

A.

Applicant. The owner of the property sought to be rezoned or the city.

B.

Application. An application for a rezoning shall be made to the department. The application shall include the information provided in Sec. 47-24.1.F.

C.

Review process.

1.

An application for rezoning shall be submitted to the department for review to consider if the application meets the rezoning criteria.

2.

The department shall forward its recommendations to the planning and zoning board for consideration.

3.

The planning and zoning board shall hold a public hearing to consider the application and the record and recommendations forwarded by the department and shall hear public comment on the application.

4.

If the planning and zoning board determines that the application meets the criteria as provided in this section, the planning and zoning board shall recommend that the rezoning be approved or recommend a rezoning to a more restrictive zoning district than that requested in the application if necessary to ensure compliance with the criteria for the rezoning and if consented to by the applicant.

5.

If the planning and zoning board determines that the application does not meet the criteria provided for rezoning or if the applicant does not consent to a more restrictive zoning district, the planning and zoning board shall deny the application and an appeal to the city commission may be filed by the applicant in accordance with Section 47-26B, Appeals.

6.

If the rezoning application is recommended for approval or if an appeal of a denial of an application has been filed by the applicant in accordance with this section, the planning and zoning board shall forward its record and recommendations to the city commission for consideration.

7.

The city commission shall hold a public hearing to consider the application and the record and recommendations forwarded by the department and the planning and zoning board and shall hear public comment on the application.

8.

If the city commission determines that the rezoning meets the criteria for rezoning the city commission shall approve the change in zoning as requested in the application or approve a change to a more restrictive zoning district than that requested in the application if necessary to meet the criteria provided for rezoning and if consented to by the applicant. If the city commission determines that the proposed rezoning does not meet the criteria in, or if the applicant does not consent to a more restrictive zoning district, the city commission shall deny the application.

9.

Approval of a rezoning shall be by ordinance adopted by the city commission.

10.

If an application is for rezoning of more than ten (10) contiguous acres, the application shall be considered in accordance with Sec. 47-27.5.B, Notice Procedures for Public Hearings.

D.

Criteria. An application for a rezoning shall be reviewed for compliance with Section 47-25, Development Review Criteria. In addition, an application for a rezoning shall be reviewed in accordance with the following criteria:

1.

The zoning district proposed is consistent with the city's comprehensive plan.

2.

The changes anticipated by the proposed rezoning will not adversely impact the character of development in or near the area under consideration.

3.

The character of the area proposed is suitable for the uses permitted in the proposed zoning district and is compatible with surrounding districts and uses.

E.

Effective date of approval. A rezoning shall take effect at the time provided in the ordinance approving the rezoning.

F.

Withdrawal of an application. An applicant may withdraw an application for rezoning at any time prior to a vote by the planning and zoning board on the application. If two (2) applications for rezoning of the same parcel of property are withdrawn by the same applicant within one (1) year, no other application to rezone the tract of land shall be considered by the city for at least two (2) years after the date of withdrawal of the second application.

G.

New application after denial. No application for a rezoning which has been previously denied by the planning and zoning board or by the city commission shall be accepted for at least two (2) years after the date of denial. An application to rezone property to a designation that is different than the designation which was applied for and denied and is different than a designation that was considered and denied as part of an application by the planning and zoning board, city commission or both, will be accepted and considered without consideration of time since a previous application was denied.

H.

Appeal. If the planning and zoning board or city commission denies the rezoning and the applicant desires to appeal the denial, the provisions of Section 47-26B, Appeals, shall apply.

(Ord. No. C-97-19, § 1(47-24.4), 6-18-97; Ord. No. C-16-05 , § 1, 9-7-16)