MapLink™ | Procedures | Zoning Map and text amendments

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Zoning Map and text amendments
Applicability. Zoning Map and text amendments may be necessary to account for changed conditions in the general area, a change in public policies with respect to future development, or a desire to enable certain types of development that were not contemplated under the provisions of this chapter. The Board of Aldermen shall have the authority to amend, supplement, change, modify, or repeal, by ordinance, the text or Map of this chapter as provided for in this Article III and Article IV in accordance with the provisions of this division.

Application and submission requirements. In addition to the requirements of § 26-8A, applications shall be made in a form acceptable by the City Clerk.
1. Forms. The application shall be signed by the applicant and shall state name and address, as well as:
a. Text amendments. An application for an amendment to Articles I through VIII and Article XII of this chapter shall set forth the new text to be added and existing text to the deleted.
b. Rezoning. An application for a Zoning Map change shall include:
(1) A legal description of the property.
(2) A scaled map of the property, correlated with the legal description, and clearly showing the property's location.
(3) The name, address, and phone number of the petitioner.
(4) The petitioner's interest in the property, and if the petitioner is not the owner, the name, address, and phone number of the owner(s).
(5) Date of filing with City Clerk.
(6) Signature(s) of petitioner(s) and owner(s) certifying the accuracy of the required information.
(7) The present and proposed zoning.
2. Fee. Fees shall be applied according to § 26-8A.2.
3. Applicants.
a. Text amendments. An application for an amendment to the written text of Articles I through VIII and Article XII of this chapter may be filed by any person in the office of the City Clerk for consideration by the Planning Commission and the Board of Aldermen.
b. Zoning Map amendments (rezoning). An application for a change in the zoning district designation as described by the official Zoning Map may be filed in the office of the City Clerk, for consideration by the Planning Commission and the Board of Aldermen. Such application may be filed by any entity listed in § 26-8A.3 or by the Mayor, or the Director of Public Services, or by any other appointed or elected official of the City.

Preapplication meeting. Zoning Map amendments (rezoning) are subject to the requirements of § 26-8C.

Review process. Applications in this section will be reviewed in accordance with § 26-8D. Once the review is complete, notice of a public hearing will be provided accordingly:
1. Text amendments: according to § 26-8E.1.
2. Zoning Map amendments (rezoning): according to § 26-8E.

Review bodies.
1. Planning Commission. Each application shall be presented to the Planning Commission for its report and recommendations. The Planning Commission shall consider an application not later than the second regular monthly meeting of the Planning Commission after all required documents are filed The Planning Commission shall hold a hearing in compliance with § 26-8F. The Planning Commission shall recommend approval, conditional approval, or denial of the application and shall file its report and recommendation with the Board of Aldermen.
a. The Planning Commission may recommend that a petition for a change of zoning district classification be approved or denied for all or part of the property described in the petition. The Board of Aldermen may enact, by ordinance, such a partial granting of a petition for a change in zoning district classification.
b. The Planning Commission may recommend and the Board of Aldermen may enact, by ordinance, a zoning district classification other than that requested in the petition, provided that the recommendation or ordinance is for a district classification of the same use type as that requested by the petitioner. District classification of the same type as referred to in this section shall include the PD Planned District when a petitioner proposes a particular use and presents plans at or prior to the public hearing which are substantially similar to those required by the PD rezoning procedures respectively.
2. Review criteria. A Zoning Map or text amendment shall be reviewed by the Planning Commission and the Board of Aldermen, and consideration shall be given to the following criteria:
a. The application is consistent with the Comprehensive Plan and any official plan or program developed under the guidance of the Comprehensive Plan, and in particular the relationship of land uses within the proposed district and the relationship with uses existing or anticipated in surrounding districts.
b. The character of the neighborhood, including the design of streets, civic spaces, and other open spaces; the scale, pattern, and design of buildings; the zoning of property and compatibility of potential future uses; and the operation and uses of land and buildings.
c. The application furthers the intent of the proposed zoning district and supports that of any abutting zoning districts, and in particular the building form, site design, and other development patterns and urban design aspects of the proposed project in furthering the intent.
d. Compliance of any proposed development with the requirements of the Development Code, and the intent or design objectives associated with any specific standards as established by this chapter.
e. The ability of the City or other government agencies to provide any services, facilities, or programs that might be required if the application were approved.
f. The effect of approval on the condition or value of property in the City or in the vicinity, including the likelihood of surrounding areas to be developed in accordance with the Comprehensive Plan.
g. The consistency of the application with other adopted policies of the City, including any other relevant implications of the change beyond any specific proposed project.
h. The recommendations of the Director of Public Services, the City Planner, other City professional staff, or other technical reviews associated with the application.

Protest petition. If a written protest against a proposed Zoning Map duly signed, notarized, and acknowledged by the owners of more than 30% or more 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 185 feet distant from the boundaries of the district or area proposed to be changed or to be affected by a text change is filed in the office of the City Clerk within 15 days of the date of the conclusion of the Planning Commission public hearing, such revision or amendment shall not become effective except by the favorable vote of two-thirds of all of the members of the Board of Aldermen.

Board of Aldermen review and action. Before acting upon any application for a text or Map amendment, the Board of Aldermen shall publish in a newspaper of general circulation within the City notice of the meeting at least 15 days but not more than 30 days. The Board of Aldermen may refer the application back to the Planning Commission for additional study before making its final decision. No additional public notice is required to be given. The Board may take any action outlined in § 26-8G. All text amendments and amendments to the Zoning Map, as described herein, shall require a majority vote by the Board of Aldermen.

Withdrawal. Any text or Map amendment request, regardless of its source of initiation, may be withdrawn from consideration upon receipt of written notice from the applicant by the Director of Public Services at any point in the approval process, prior to final action on the request by the Board of Aldermen.

Effect of decision. Amendments to the text of this chapter or official Zoning Map (rezoning) shall be approved by the Board of Aldermen in the form of an ordinance. Approved changes to the official Zoning Map shall be indicated on said Map by the Director of Public Services within 30 days following such action.