The purpose of this article is to identify and clarify the processes associated with making application for amendments to this chapter, including changes to the official zoning map.

(Ord. No. 2015-336, § 1, 12-1-15)

Following submission and review by the planning commission, the regulations and the number, area and boundaries of districts established by article VII, classification and establishment of uses, may be amended, supplemented, changed, modified or repealed by the board of commissioners. No amendment shall become effective unless it is first submitted to the planning commission for its recommendation following a public hearing.

(Ord. No. 2015-336, § 1, 12-1-15)

Any person desiring to petition for rezoning under the authority of this article must present such petition to the secretary of the planning commission in writing by the second Friday of the month preceding the desired hearing date month. The petition will be submitted according to planning commission procedure as follows:

(1)

Application required. An application shall be submitted to the planning and development department on a form provided by the department. The application shall be signed by the property owner or accompanied by an affidavit that the applicant is authorized to act on the owner's behalf.

(2)

Entire parcel. Rezoning requests shall be submitted for entire parcel only. Requests to split zone a parcel will not be accepted.

(3)

Map required. The application shall be accompanied by the following:

a.

Paper copies. Eight copies of a map drawn by a surveyor licensed in the State of Alabama of the property proposed to be rezoned, to a scale suitable to fit on a 24-inch by 36-inch (24"×36") sheet. The map shall show distances, bearings, legal description, all surrounding zoning, property as is and state the proposed rezoning is from _______ district to _______ district.

b.

Digital copy. A digital copy of any maps submitted for review, in .PDF or .JPG format.

c.

Vicinity map. A map identifying the exact location of the property to be rezoned, illustrating a one-half mile radius from the site, drawn on the rezoning map or submitted as an attachment.

(4)

Legal description required. The application shall be accompanied by the following:

a.

Paper copies. A written legal description of the property to be rezoned written on paper copies of proposed rezoning maps or submitted on a separate sheet and labeled as an attachment to the maps. For metes & bounds parcels, a recorded legal description or if located in a recorded subdivision, the lot number and block may be used.

b.

Digital copy. A legal description of the property to be rezoned, submitted in electronic media in .doc format.

(Ord. No. 2015-336, § 1, 12-1-15)

To offset the costs to review and process the request, the application will be accompanied by cash or check, payable to the City of Dothan, in the amount of $100.00 plus $10.00 per acre, not to exceed $250.00. Application fees shall not be refunded except upon the recommendation of the administrative official and approval by the city manager. Payment of the fee set out in this section and the cost for publication of the notice shall not be required of employees or agents of the city submitting proposed amendments in the course of their official duties. The application fee does not include the cost of public notice by the board of commissioners.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Planning commission. The planning commission shall hold a public hearing, notice of which shall be given, for the consideration of any proposed amendment to this chapter or the zoning map and report its recommendation to the board of commissioners.

(b)

City commission. The city commission may hold a public hearing, notice of which shall be given, for the consideration of any proposed amendment to this chapter or the zoning map.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Publication of legal notice. Rezoning petitions require publication in the local newspaper prior to public hearings by the planning commission and the board of commissioners.

(1)

Planning commission. The administrative official shall cause the preparation of required notice for public hearings by the planning commission and submit the required notice to a newspaper of general circulation for publication. Required notice shall be accomplished by publishing the meeting agenda. Unless otherwise provided, costs of said notice are included in the initial application fee.

(2)

City commission. Should the planning commission recommend the rezoning to the city commission, notice of the proposed rezoning shall be published as required by law. Required notice shall include a written legal description and map of the property to be rezoned. The applicant will be notified of the cost of publication as determined by the newspaper to the office of department of planning and development. Cost of publication is not included in the initial application fee. Further processing shall be withheld until the cost of publication is paid. Upon passage by the city commission, the approved ordinance will be advertised one additional instance. The cost of advertising will be the responsibility of the applicant as determined by the city clerk's office.

(b)

Posting notice. A public notice sign must be erected and maintained at the applicant's expense not less than 14 calendar days prior to the date of the public hearing. The public notice sign must be placed on all street frontages for proper notification of adjacent property owners. The applicant will be responsible for making sure the sign is erected and conforms to specifications established by the planning commission. Tabled applications shall be required to post notice before being heard by the planning commission.

(c)

Written notice. Written notice to adjacent property owners is required. The applicant shall provide the names and addresses of adjacent property owners on all sides and across any street according to the official tax records of the appropriate county in which the proposal is located. The city shall send notice of the proposed rezoning to adjacent property owners via first-class mail. The cost of said written notice shall be included in the initial application fee. Tabled applications shall be required to pay for additional written notice before being heard by the planning commission.

(Ord. No. 2015-336, § 1, 12-1-15)

Failure of the petitioner to remit full payment for the cost of publication as outlined is section 114-59(a)(2) within 90 days of the planning commission public hearing shall constitute consent to withdraw the petition from further consideration. Applications for rezoning on the same parcel of property shall not be submitted for consideration within six months of original petition without first securing unanimous approval of the planning commission.

(Ord. No. 2015-336, § 1, 12-1-15)

The submission of development plans and/or subdivision plats shall not be required as a condition precedent to amending this chapter. However, in order to induce an approval recommendation for a rezoning request from the planning commission, an applicant may link the approval to a specific development plan. Should the applicant not submit an application for development plan approval within six months of the planning commission approval, the zoning shall automatically revert to the previous designation.

(Ord. No. 2015-336, § 1, 12-1-15)

Where land now lying in unincorporated county is annexed into the corporate limits of the City of Dothan, these parcels shall be automatically zoned A-C and subject to all zoning regulations therein unless rezoned as part of the annexation process. Regardless, the property must be formally rezoned prior to issuance of any building permits.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Pursuant to Ala. Code 1975, [§] 11-52-14, actions of the planning commission may be appealed to the city commission. Appeals must be submitted within 15 days of the hearing.

(b)

A petitioner shall submit to the planning department:

(1)

A signed narrative and any other material that states and supports the rationale for the appeal.

(2)

A list of the names and addresses of adjacent property owners.

(3)

All advertising and legal notice costs associated with the appeal shall be responsibility of the petitioner and payable to the City of Dothan.

(Ord. No. 2015-336, § 1, 12-1-15)