Immediately following the completion of an annexation, every tract annexed by the City Commission will be advertised for rezoning, either by action of the landowner or by the City Commission, as described in this article.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

(a)

Generally. At the time that annexation is final and for a 14-day period thereafter, the owner of any annexed property may request a zoning change. Such request shall be in writing in a format approved by the City Commission.

(b)

Compliance with comprehensive plan. The development services director shall determine, following consultation with the city attorney, whether or not the proposed zoning change is in compliance with the adopted comprehensive plan.

(c)

Rezoning ordinance. If the proposed zoning change is found to comply with the plan, the development services director shall:

(1)

Certify such finding in writing to become a permanent part of the record of the application; and

(2)

Complete a model rezoning ordinance as prepared by the city attorney and submit such ordinance to the elected officials for consideration at public hearings.

(d)

Comprehensive plan amendment. If the proposed zoning change is found not to comply with the adopted comprehensive plan, the development services director shall:

(1)

Certify such finding in writing to become a permanent part of the record of the application;

(2)

Advise the applicant as to the next regularly scheduled date, not to exceed eight months, when comprehensive plan amendments will be considered; and

(3)

Advise the applicant as to what rezoning could be considered without the need for a comprehensive plan amendment.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

If, within 14 days following annexation, requests have not been received by the City Commission for the rezoning of all annexed lands, the City Commission will initiate a rezoning to a City zoning district which is both in compliance with the adopted comprehensive plan and closest to the county zoning in effect at the time of annexation. Table 1 has been prepared by the development services director who will update the table when necessary to assist the property owners and the elected officials in comparing municipal and county zoning.

TABLE 1
A GENERALIZED COMPARISON BETWEEN CITY OF BELLEVIEW AND MARION COUNTY ZONING DISTRICTS

¹ Either 0 feet or 15 feet for preexisting lots of record.

*Lots of record as of May 16, 1989, shall have a zero frontage yard setback.

Legend: F = Front Setback; S = Side Setback; R = Rear Setback.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The City Commission will rezone annexed lands at no cost to the owners.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)

The owner of any property annexed into the City may request any zoning district classification contained within this chapter, and they are entitled to that zoning classification which already exists on immediately contiguous lands already within the corporate limits and in compliance with the comprehensive plan. However, the elected officials reserve the right to reject any rezoning application which is found, through due process, not to be in compliance with the comprehensive plan; and/or not to be in compliance with existing zoning in the area; and/or not to be in compliance with existing land uses in the area; and/or contrary to the public health, safety or general welfare. A finding that a request is in compliance with the comprehensive plan shall not preclude denial by the elected officials for reasons not related to the comprehensive plan. Conversely, any rezoning request found not to be in compliance with the comprehensive plan will be denied unless and/or until the comprehensive plan is amended.

(Ord. No. 2024-04, § 1(Att. A), 5-21-2024)