Map amendments (rezonings) are necessary due to community changes and property owners' desire to develop their properties. This Code is also the primary tool for implementing the master plan; rezoning is a tool to best align properties with the Master Plan's vision.

The CED Director has final discretion over required submittals for a rezoning. The City’s rezoning application details minimum submittal requirements. Submission of a rezoning requires a complete application with ancillary submittals and any associated fees be paid. Applications will not be processed unless they are determined to be complete. Any property owner aggrieved by a submittal requirement decision by the CED Director may appeal to the BZA.

A. Process Overview. All rezonings require consideration by City staff and the Planning Commission and final approval of the City Council.

B. Pre-Application Meetings. The CED Director may require a property owner to present their rezoning at 1 or more pre-application meetings before submitting a formal application. A property owner's requirement to present at a pre-application meeting is not appealable to any officer, board, or commission. Failure to present at a pre-application meeting will result in an incomplete application determination if submitted.

C. Rezoning with 10 or Less Parcels. If an individual parcel or 10 or fewer adjacent properties is proposed for a rezoning, the following occurs:

1. The Planning Commission holds a required public hearing in compliance with Section 17.03: Public Hearings and recommends the City Council approve, approve with conditions, or deny based on the criteria in Section 12.04: Approval Standards.

2. The City Council holds a required public hearing in compliance with Section 17.03: Public Hearings and approves, approves with conditions, or denies based on the criteria in Section 12.04: Approval Standards.

D. Rezoning with 11 or More Parcels or a Text Amendment. If 11 or more adjacent properties are proposed for rezoning, the following occurs:

1. The Planning Commission holds a required public hearing in compliance with Section 17.03(1): Public Hearings and recommends the City Council approve, approve with conditions, or deny based on the criteria in Section 12.04: Approval Standards.

2. The City Council holds a required public hearing in compliance with Section 17.03(1): Public Hearings and approves, approves with conditions, or denies based on the criteria in Section 12.04: Approval Standards.

E. Council review. If determined to be necessary, the City Council may refer any rezoning back to the Planning Commission for further consideration.

The following standards must be met for a rezoning as applicable:

A. Compliance with the Master Plan. The proposal furthers the goals and objectives of the Master Plan.

B. Use and Zoning District Compatibility. The proposal must be compatible with the intent statements of the zoning district and surrounding uses.

C. Compatibility with Uses. Compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, density, nature of use, traffic impacts, aesthetics, and infrastructure.

D. Compatibility with the Street System. The capability of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district.

E. Sufficient Public Utilities and Services. The capacity of the City’s utilities and services to sufficiently accommodate the uses permitted in the requested district without compromising the health, safety, and welfare.

F. Compatibility with the Requested Zoning District. Ensure that future development on the site can comply with the dimensional regulations and design standards for the requested zoning district.

G. Spot Zoning. Will not create an isolated or incompatible zone.

A. Approval Expiration. Rezonings are approved for 2-years from the date of approval. If construction has not commenced within the 2-year period, the rezoning is null and void. Within 1-year after expiration, the City may amend the zoning map to reflect the zoning of the property immediately before the rezoning approval. If the City does not act on amending the zoning map within 1-year, the zoning remains. The decision to amend the zoning map to the previous use is solely the City’s and the applicant does not have standing to require its amendment. This decision is not appealable to any officer, board, or commission.

B. Resubmission. No application the City has denied may be resubmitted until the expiration of 1-year from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions sufficient to justify reconsideration, in the CED Director’s sole determination. Any property owner aggrieved by this decision may appeal to the BZA.

A. Conformity. The property owner for whom rezoning approval has been granted is responsible for maintaining the property in conformity with the approval on a continuing basis unless the City approves a new or amended rezoning.

B. Failure to Conform.

1. A breach of any condition and the failure to correct such breach within 30 days after an order to correct is issued by the City is reason for revocation of the rezoning approval. Additional time for correction of the cited violation may be allowed by the City upon submission of proof of good and sufficient cause. Conditions of an approved rezoning are continuing obligations to the property owner and are binding upon their heirs and assigns and upon any persons taking title to the affected property while such site plan is in effect.

2. The first violation of nonconformity to an approved rezoning is a municipal civil infraction. A first offense is subject to a minimum $100.00 fine and any other penalties authorized by law. Second offenses within a 12-month period are punishable by a fine up to $200.00. Third and subsequent offenses are punishable by a fine up to $500.00 and a mandatory court appearance. Each day on which a violation shall continue shall constitute a separate offense and shall be punishable as such. These requirements are in addition to, and not in lieu of, all other City Codes, regulations, or state law.