§ 403.030. Zoning Map Amendments (Rezoning).  


Latest version.
  • A. 
    Overview/Applicability. The Zoning Map amendment process provides review to changes to the boundary of zoning districts (rezoning) that may be necessary to account for changed conditions in the general area or a change in public policies with respect to development. In addition to the general requirements in Table 403.010-1 and Section 403.010 the following requirements are specific to Zoning Map amendment applications.
    B. 
    Review Criteria. A Zoning Map amendment (rezoning) shall be reviewed according to the following criteria:
    1. 
    The application is in accordance 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.
    2. 
    The application furthers the intent of the proposed zoning district and supports that of any abutting zoning districts.
    3. 
    The precedents that might result from approval or denial of the application, and the possible effects of such precedents on the character of the area, and in particular the building form, site design, and other development patterns and urban design aspects that accompany precedents for the proposed district.
    4. 
    Compliance of any proposed development with the requirements of this Development Code.
    5. 
    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.
    6. 
    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.
    7. 
    The requested zoning change is justified by a change in conditions since the existing zoning was designated or by an error in the current designation.
    8. 
    The consistency of the application with other adopted policies of the City.
    9. 
    The recommendations of professional staff.
    C. 
    Protest Petitions. If a valid protest petition is submitted to the City prior to City Council final action on the application, an amendment to the Official Zoning Map (rezoning) shall not become effective except by the favorable vote of two-thirds (2/3) of all of the members of the City Council. In order to be considered valid, a protest petition for a Zoning Map amendment must be duly 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.
    D. 
    Adoption By Ordinance — Changes To Official Zoning Map. Amendments to the Official Zoning Map (rezoning) shall be approved by the City Council in the form of an ordinance. Approved changes shall be indicated on the Official Zoning Map by the Director of Community Development promptly after the ordinance authorizing such change is adopted by the City Council, but in no event later than thirty (30) days following such action.
R.O. 1996 § 403.030; Ord. No. 4558 § 1, 8-3-2015