14.1.1

GENERAL INFORMATION:

Such regulations, restrictions, and boundaries as provided for in this Code may be amended, supplemented, changed, modified, or repealed. All changes and amendments shall be effective only after approval by the Board of Commissioners.

14.1.2

LIMITATIONS:

No Zoning Code, zoning classification, or approval process or plan related to the Zoning Code creates a property right in the owner of the property or any other person. The City of Johnson City has the sole and exclusive authority to establish and modify all land use classifications within its jurisdiction.

14.1.3

STANDARDS FOR AMENDMENTS:

No amendment to the Zoning Map or Zoning Code will be approved that does not meet the following standards:

A.

The amendment is consistent with the intent and purposes of this Ordinance, City Code, and all applicable state and federal and case law; and

B.

The amendment is either consistent with the city's adopted Comprehensive Plan, or can be substantively shown as necessary or appropriate because of changed or changing conditions in the area or the city in general; and

C.

The amendment will not have an adverse impact on any part of the City, directly or indirectly, unless such adverse impact can be justified by the overwhelming public good and welfare; and

D.

The amendment will not create new non-conforming uses within the city; and

E.

The amendment will not confer special privileges or rights upon any person.

(Ord. No. 4834-23, § 1(Exh. A), 4-6-2023)

14.2.1

An amendment to the Zoning Map (also referred to as a rezone or rezoning) may be initiated by one of the following four methods:

A.

A petition by a property owner or anyone having a contractual interest in the property;

B.

A resolution of the Planning Commission;

C.

A resolution of the Board of Commissioners; or

D.

A proposal from the Planning Department.

An amendment to the text of the Zoning Code may be initiated by one of the following four methods:

A.

A petition by a property owner of the city;

B.

A resolution of the Planning Commission;

C.

A resolution of the Board of Commissioners; or

D.

A proposal from the Planning Department.

A petitioner is encouraged to meet with planning staff prior to the initiation of an amendment. In the submission of a text amendment, the petitioner shall provide the staff with proposed language desired to be added or deleted from the Code.

14.2.2

APPLICATION, FEE, AND CONCEPT PLAN:

A petitioner must provide the required application, and accompanying documents and fees to Development Services. Application, fee, and Concept Plan shall be waived for amendments initiated by the Planning Commission, Board of Commissioners and/or city staff.

14.2.2.1

APPLICATION:

The petitioner shall complete the required application form and submit it to Development Services, by delivery to the public counter, or online using the permit application portal. The information provided in the application must be complete, true, and correct.

14.2.2.2

APPLICATION FEE:

To partially defray the administrative cost and cost of giving public notice, the applicant shall pay the appropriate filing fee to the City of Johnson City when requesting an amendment to the Zoning Map or an amendment to the text of this Code.

14.2.2.3

CONCEPT PLAN REQUIRED:

Except as described in section 14.2.2, a Concept Plan shall be required:

A.

For all rezoning requests that abut a single-family neighborhood or single-family district; and/or

B.

For all other rezoning requests where a Concept Plan is required as part of the district regulations.

If a Concept Plan is required with the rezoning request, the application is not considered complete until the required Concept Plan is submitted.

14.2.2.4

CONCEPT PLAN CONTENTS:

The Concept Plan shall demonstrate compliance with the applicable zoning district and shall contain, at a minimum, the following:

A.

Use(s), or the number of dwelling units in each building;

B.

Buffers and/or screening;

C.

Building location, size and height, with setbacks;

D.

Parking, vehicular and pedestrian circulation patterns;

E.

Location of swimming pools, tennis courts and clubhouses, when it applies; and

F.

Any additional information requested by city staff, the Planning Commission or the Board of Commissioners, needed to demonstrate compliance with the standards for amendments listed in § 14.1.3.

(Ord. No. 4834-23, § 1(Exh. A), 4-6-2023)

14.3.1

For proposed amendments to the Zoning Map, the petitioner shall host a neighborhood meeting to inform property owners within 200 feet of the proposed rezoning site prior to the Planning Commission meeting. Staff will notify property owners within 200 feet of the proposed rezoning in writing at least ten days prior to the neighborhood meeting. The neighborhood meeting shall be held prior to Planning Commission consideration of the rezoning request and Concept Plan.

The purpose of this meeting is for the petitioner to inform property owners of the proposed plan and to provide an opportunity for the neighborhood to express its issues and concerns. The petitioner may take these concerns into consideration; however, if the petitioner modifies the Concept Plan or other plan in response to neighborhood concerns or suggestions, those changes are not to be construed by those participating in a neighborhood meeting or any other person as creating an entitlement from either the petitioner or the city in any way whatsoever. Although neighborhood consensus is desirable, it is not necessary for Planning Commission/Board of Commissioners consideration and approval or rejection of the request. When a Concept Plan is approved by the City Commission, the petitioner is obligated only to the city (not the neighborhood) to construct the project in accordance with the Concept Plan, if the project is developed.

14.3.2

For proposed amendments to the Zoning Map, city staff shall place at least one sign, clearly visible from the public right(s)-of way that abuts the rezoning site. The sign shall include a note that the subject property is being considered for rezoning and provide a phone number to call to ask questions about the application.

(Ord. No. 4834-23, § 1(Exh. A), 4-6-2023)

14.4.1

APPLICABLE STATE CODES EXPLAINED:

A.

Per T.C.A. 6-54-503, ordinances that adopt a zoning amendment must be filed with the city clerk/recorder to be available for inspection, use, and examination by the public.

B.

Per T.C.A. 13-7-204, no amendment to the text of the Zoning Ordinance, zoning map, or approval of a Concept Plan shall become effective until it is first submitted to the Planning Commission for consideration. If the Planning Commission recommends denial, at least three members of the Board of Commissioners must vote to approve the request for it to pass.

C.

Per T.C.A. 13-7-203, the Board of Commissioners shall hold a public hearing on all rezoning and text amendment proposals. At least 15 days prior to the public hearing by the Board of Commissioners, notice of the time and place thereof shall be published in a newspaper of general circulation in the City of Johnson City.

14.4.2

REVIEW, AND APPROVAL OR DENIAL:

A.

The amendment/rezoning request shall be reviewed by city staff according to the standards listed in section 14.1.3, in conjunction with review of the Concept Plan, if required.

B.

The amendment/rezoning request and any accompanying Concept Plan shall be submitted to the Planning Commission, along with staff comments. The Planning Commission will conduct a public hearing, and will consider the standards listed in section 14.1.3, staff's recommendation, and the testimony of any members of the public who speak in support, neutrality, or opposition of the proposal, before making a recommendation to the Board of Commissioners.

Should the Planning Commission decide to refer action on the request and send it to committee for further study, staff will work with the applicant and the designated committee to resolve the concerns that led to the decision to refer. If the concerns are resolved, the application will be brought back to the Planning Commission for recommendation. If the concerns cannot be resolved, the petitioner has the options to:

1.

Request review and decision by the Board of Commissioners, or

2.

Reapplication, or

3.

A subsequent request pursuant to section 14.5.

C.

Following recommendation by the Planning Commission, the amendment/rezoning request, any accompanying Concept Plan, and the associated draft Ordinance shall be submitted to the Board of Commissioners. The title of the draft Ordinance shall require three readings on three different days, and must pass to move onto the next reading.

1.

The Board of Commissioners will consider the amendment/rezoning request, Concept Plan and draft Ordinance, as well as the standards listed in section 14.1.3, staff and Planning Commission recommendations, and the testimony of any members of the public who speak in support, neutrality or opposition of the proposal, before making a decision.

2.

At the meeting for the second reading, a public hearing will be held. Notification of the meeting/public hearing shall be made in compliance with state law, as described in section 14.4.1. Additional public hearing(s), without additional notification, may be conducted if the Board of Commissioners so rules during public hearing.

3.

The Ordinance must pass at all three readings to take effect.

4.

Once passed, the adopted ordinance must be recorded with the City Recorder's Office.

Should the Board of Commissioners deny the application at any reading, the petitioner has the options of reapplication or a subsequent request pursuant to section 14.5.

Should the Board of Commissioners decide to refer action on the request and send it to committee for further study, staff will work with the applicant and the designated committee to resolve the concerns that led to the decision to refer. If the concerns are resolved, the application will be brought back to the Planning Commission for recommendation prior to being heard by the Board of Commissioners. If the concerns cannot be resolved, the petitioner has the options for reapplication or a subsequent request pursuant to section 14.5.

D.

Upon approval of the Concept Plan by the Board of Commissioners, all development of the subject property shall be in conformance with the approved Concept Plan. No Site Plan shall be approved except in conformance with the approved Concept Plan.

Any significant amendment to an approved Concept Plan as determined by staff, such as change in use, increase in intensity or density, substantial change in building location, ingress and egress, open space, or other changes that could negatively impact the surrounding properties shall be resubmitted to the Planning Commission and the Board of Commissioners for reconsideration and approval (section 14.5.2).

(Ord. No. 4834-23, § 1(Exh. A), 4-6-2023)

14.5.1

REAPPLICATION:

No reapplication shall be accepted within six months of final action by the Board of Commissioners, but this in no way shall restrict the initiation of applications by the Planning Commission or Board of Commissioners.

A re-application is an application with the same rezoning request relating to all or a part of the same property involved in the previous application. A request involving a change to a different zoning classification, a portion of the property different than the previous request, or a significant change to the Concept Plan, as determined by the staff, shall not be considered a reapplication.

14.5.2

CONCEPT PLAN AMENDMENT AND SUBSEQUENT REZONING REQUESTS:

If the petitioner or property owner finds for any reason that the approved project becomes unfeasible, not viable, or undesirable to construct, the petitioner may request to amend a previously approved Concept Plan or may request to amend the current zoning of the property.

A.

Concept Plan Amendment: A neighborhood meeting, Planning Commission consideration, and consideration by the Board of Commissioners shall be required. The Planning Commission and Board of Commissioners will each hold a public hearing. Denial by the Planning Commission may be appealed to the Board of Commissioners. Should the Board of Commissioners deny the request, the petitioner has the options of reapplication or a subsequent request pursuant to section 14.5.

B.

Subsequent rezoning requests shall comply with all requirements of zoning map amendments, including the submission of the appropriate rezoning application, fee, and Concept Plan, if required.

(Ord. No. 4834-23, § 1(Exh. A), 4-6-2023)