Standards of review for map amendments.
(a)
In ruling on any application for a zoning map amendment, city council shall act in the best interest of the public health, safety, morals and general welfare. In so doing, the council shall consider one or more of the following factors as may be relevant to the application; such consideration may be based on reports prepared by the city or its agents:
(1)
Relationship to the established land use pattern. The city shall assess the use and development of surrounding properties that tend to define the context of the property proposed for rezoning and determine whether the proposal is consistent with this context.
(2)
Compatibility with comprehensive plan; timing of development. The city shall determine whether the proposal is compatible with the city of Jonesboro Comprehensive Plan, including land uses indicated on the future land use map. The city shall also assess, based on the adopted comprehensive plan, whether the proposal would encourage use or development that is compatible with the timing of development anticipated in such policy guides as the community facilities and services element and the short term work program.
(3)
Suitability of the zoning proposal. The city shall determine whether the proposed zoning will permit a use of the property that is suitable in view of the zoning and use of adjacent and nearby property.
(4)
Impact on public facilities and services; referrals to other agencies. The city shall consider the availability of public facilities and services such as schools, water or sewer utilities, and police or fire protection, including those provided by other public agencies or authorities, and the impact of the proposal on demand for those public facilities and services.
(5)
Impact on public financial resources. The city shall assess the budgetary impact of the zoning proposal on the city and other public agencies or authorities in delivery, enhancement, expansion or maintenance of public utilities, schools, streets and other public services.
(6)
Availability of other land suitable for the proposed use; effect on balance of land uses. The city shall consider the availability of other appropriate land already zoned for the proposed use, generally, and the availability of such land near the property proposed for rezoning.
(7)
Impact on neighborhood character. The city shall consider whether the proposal is consistent with the architectural style, density, scale and dwelling type prevalent in the surrounding neighborhood. The city shall also assess potential impacts of uses that would be permitted under the proposed zoning on the neighborhood, particularly any substantial adverse impacts on neighborhood quality or stability, or of any tendency of those uses to cause blight or depreciation.
(8)
Opportunity for economic use of property. The city shall consider whether the property has a reasonable economic use as currently zoned and determine whether substantial factors are present that prevent economic use of the property in accordance with existing regulations.
(9)
Effect on adjacent property. The city shall consider whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.
(10)
Impact on surrounding property values. The city shall determine whether the zoning proposal will be a deterrent to the value or improvement of adjacent property in accordance with existing regulations.
(11)
Circumstances peculiar to the context. The city shall assess conditions or trends affecting the use and development of the property which may not be anticipated by the comprehensive plan or accounted for in the existing zoning of the property and determine whether such factors as may be present support approval or denial of the zoning proposal.
(12)
Impact on the public interest. The city shall judge whether the proposal reflects a reasonable balance between the promotion of the public health, safety, morality or general welfare and the right of individuals to unrestricted use of property.
(13)
Environmental impact. The city shall consider the possible impacts of the proposal on the environment, including, but not limited to, storm drainage, soil erosion and sedimentation, flooding, air quality, loss of natural areas and habitat and water quality and quantity.
(b)
The city council shall also consider the following general lines of inquiry in assessing the appropriateness of a rezoning proposal:
(1)
Existing uses and zoning of the subject and nearby property;
(2)
Extent to which property values are diminished by the particular zoning restrictions;
(3)
Extent to which the destruction of property values, if any, promotes the health, safety, morals, or general welfare of the public;
(4)
Relative gain to the public, as compared to the hardship, if any, imposed on the individual property owner;
(5)
Suitability of subject property for zoned purposes; and
(6)
Length of time the property, if vacant, has been vacant as zoned, considered in the context of land development in the areas and the vicinity of the property.
(Ord. No. 05-08, § 2(12.14), 8-15-2005)
Standards of review for map amendments.
(a)
In ruling on any application for a zoning map amendment, city council shall act in the best interest of the public health, safety, morals and general welfare. In so doing, the council shall consider one or more of the following factors as may be relevant to the application; such consideration may be based on reports prepared by the city or its agents:
(1)
Relationship to the established land use pattern. The city shall assess the use and development of surrounding properties that tend to define the context of the property proposed for rezoning and determine whether the proposal is consistent with this context.
(2)
Compatibility with comprehensive plan; timing of development. The city shall determine whether the proposal is compatible with the city of Jonesboro Comprehensive Plan, including land uses indicated on the future land use map. The city shall also assess, based on the adopted comprehensive plan, whether the proposal would encourage use or development that is compatible with the timing of development anticipated in such policy guides as the community facilities and services element and the short term work program.
(3)
Suitability of the zoning proposal. The city shall determine whether the proposed zoning will permit a use of the property that is suitable in view of the zoning and use of adjacent and nearby property.
(4)
Impact on public facilities and services; referrals to other agencies. The city shall consider the availability of public facilities and services such as schools, water or sewer utilities, and police or fire protection, including those provided by other public agencies or authorities, and the impact of the proposal on demand for those public facilities and services.
(5)
Impact on public financial resources. The city shall assess the budgetary impact of the zoning proposal on the city and other public agencies or authorities in delivery, enhancement, expansion or maintenance of public utilities, schools, streets and other public services.
(6)
Availability of other land suitable for the proposed use; effect on balance of land uses. The city shall consider the availability of other appropriate land already zoned for the proposed use, generally, and the availability of such land near the property proposed for rezoning.
(7)
Impact on neighborhood character. The city shall consider whether the proposal is consistent with the architectural style, density, scale and dwelling type prevalent in the surrounding neighborhood. The city shall also assess potential impacts of uses that would be permitted under the proposed zoning on the neighborhood, particularly any substantial adverse impacts on neighborhood quality or stability, or of any tendency of those uses to cause blight or depreciation.
(8)
Opportunity for economic use of property. The city shall consider whether the property has a reasonable economic use as currently zoned and determine whether substantial factors are present that prevent economic use of the property in accordance with existing regulations.
(9)
Effect on adjacent property. The city shall consider whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.
(10)
Impact on surrounding property values. The city shall determine whether the zoning proposal will be a deterrent to the value or improvement of adjacent property in accordance with existing regulations.
(11)
Circumstances peculiar to the context. The city shall assess conditions or trends affecting the use and development of the property which may not be anticipated by the comprehensive plan or accounted for in the existing zoning of the property and determine whether such factors as may be present support approval or denial of the zoning proposal.
(12)
Impact on the public interest. The city shall judge whether the proposal reflects a reasonable balance between the promotion of the public health, safety, morality or general welfare and the right of individuals to unrestricted use of property.
(13)
Environmental impact. The city shall consider the possible impacts of the proposal on the environment, including, but not limited to, storm drainage, soil erosion and sedimentation, flooding, air quality, loss of natural areas and habitat and water quality and quantity.
(b)
The city council shall also consider the following general lines of inquiry in assessing the appropriateness of a rezoning proposal:
(1)
Existing uses and zoning of the subject and nearby property;
(2)
Extent to which property values are diminished by the particular zoning restrictions;
(3)
Extent to which the destruction of property values, if any, promotes the health, safety, morals, or general welfare of the public;
(4)
Relative gain to the public, as compared to the hardship, if any, imposed on the individual property owner;
(5)
Suitability of subject property for zoned purposes; and
(6)
Length of time the property, if vacant, has been vacant as zoned, considered in the context of land development in the areas and the vicinity of the property.
(Ord. No. 05-08, § 2(12.14), 8-15-2005)