The number and boundaries of, and the regulations relating to, the districts established by this chapter may be amended, supplemented, or repealed by the city council, but no such amendment, supplement or repeal shall become effective unless it is first submitted to the planning commission for its recommendation. The planning commission shall hold a public hearing for the consideration of any such proposed amendment, supplement or repeal, after giving at least ten days' notice thereof, by posting notice of such hearing in four conspicuous places within the city, or by any other means permitted by applicable law, and shall, after the consideration of such amendment, supplement or repeal at the public hearing, forward its recommendation to the city council. The city council shall hold a public hearing for the consideration of such proposed amendment, supplement or repeal, after giving notice of such public hearing in accordance with applicable law. Written notice of public hearings held by the planning commission and by the city council shall be sent, by United States certified mail or registered mail, to all property owners, any portion of whose property lies within 500 feet of any portion of the parcel included in a request for rezoning. For the purpose of such notice, the owner of a parcel shall be considered to be the person who is shown as the owner of such parcel according to the records of the tax assessor of Jefferson County, Alabama. If a public hearing is continued or postponed during the meeting of the planning commission or city council during which such hearing was held or was scheduled to have been held, no notice of such continued or postponed hearing need be given.

(Ord. No. 1224, 2-26-96; Ord. No. 1902, § 1, 3-10-2014)

The owner of any parcel, or an authorized representative of such owner, may present a request for rezoning of such parcel by filing an application for rezoning and a preliminary site plan of such parcel with the zoning officer. Materials and/or information in addition to that provided for by the application may be required with respect to requests for changes to certain zoning classifications, as set forth in this chapter. Such additional materials or information must be filed with the application, or, if some or all of such additional materials are requested by the zoning officer or the planning commission after the application has been filed, such materials must be filed with the zoning officer within a reasonable time after such request, to enable the members of the planning commission to review the materials prior to the public hearing to be held by the planning commission.

(Ord. No. 1224, 2-26-96; Ord. No. 1770, 17(19-25-2), 5-12-2008; Ord. No. 2158, § 1, 3-25-2024)

An application for any change in the zoning classification of a parcel must include the following items and information:

(1)

Present zoning classification of the parcel;

(2)

Zoning classification to which the applicant wishes to have the property changed;

(3)

The address, real estate tax parcel identification number and legal description of the parcel, and the size of the parcel in square feet and acreage;

(4)

Name and address of the owner of the parcel;

(5)

Name and address of the applicant, if he is someone other than the owner;

(6)

If the application is made by anyone other than all of the owners of the parcel, written authorization from the other owners with respect to the filing of the application;

(7)

Name and address of any party who holds a mortgage on the parcel, or any part thereof;

(8)

Statement of how the parcel is to be used if the rezoning application is granted;

(9)

A preliminary site plan consisting of, at a minimum, a dimensioned drawing of the parcel showing at least the location of:

a.

Existing and proposed buildings and other structures;

b.

Any existing or proposed easements or rights-of-way;

c.

Lot and yard areas, and how they are to be used;

d.

Parking areas and the location or locations at which motor vehicles will have ingress to, and egress from, the parcel;

e.

Water supply facilities; and

f.

Sewage disposal facilities;

(10)

Names and addresses of all property owners, any portion of whose property lies within 500 feet of any portion of the parcel included in the request for rezoning; said names and addresses are to be certified by the tax assessor or a title insurance company;

(11)

A letter from an attorney or a title insurance company stating whether the parcel which is the subject of the rezoning application is subject to any covenants or restrictions and, if so, a copy of the covenants and/or restrictions; and

(12)

Any additional information which may be required by any other provision of this chapter, or which the zoning officer or the planning commission may consider necessary for an adequate evaluation of the effect of the proposed rezoning of the parcel on adjacent and nearby properties.

(Ord. No. 1224, 2-26-96)

The requirements of this section are in addition to, and not in lieu of, the other information and materials required in this chapter for a rezoning, including, but not limited to, those listed in section 129-433.

(1)

Additional requirements for application for Residence D, Residence E and Clustered Residential District zoning classifications:

a.

Information with respect to how the lots, parcels and dwelling units will be owned and maintained;

b.

Information with respect to how the parks, ways, recreational facilities, planted or forested areas and other common areas which are a part of the parcel proposed to be rezoned will be owned and maintained;

c.

A preliminary site plan showing the location and dimensions of all lots upon which dwellings are to be constructed, easements and all facilities to be constructed in any common area, the location of dwelling units, the proposed number of dwellings units and the maximum number of stories in the proposed building and the floor areas and heights of the dwelling units. Development plans should show that the following will be provided:

1.

Satisfactory provisions for the visual and acoustical privacy of each dwelling unit must be made; and

2.

Fences, walks and landscaping shall be provided for the protection and aesthetic enhancement of the parcel and the privacy of its occupants, for the screening of views of certain uses and to minimize noise.

d.

Any final site plan required under this chapter shall also provide whatever additional information is necessary to ensure that the proposed development will conform to the subdivision regulations of the city.

(2)

Additional requirements for an application to create a subdivision, with private streets, containing ten or more acres in an Estate Residence District:

a.

A statement of the manner in which title to all streets, parks, ways, recreational facilities, open spaces and other common areas within the subdivision shall be held, and the manner in which the same shall be maintained; and

b.

A preliminary site plan showing the location and dimensions of all lots upon which dwellings are to be situated, all common areas, easements, streets, parks, open spaces, recreational facilities and all facilities to be constructed in any common area.

(Ord. No. 1224, 2-26-96)

After an application for rezoning has been determined to contain all of the required materials and information, the application will be submitted to the planning commission for consideration. The planning commission will hold a public hearing, after giving notice, as permitted by applicable law, of its consideration of the rezoning application. Following the public hearing, the zoning officer shall forward to the city council the planning commission's recommendation with respect to the proposed rezoning. After receiving the planning commission's recommendation from the zoning officer, the city council shall also give notice as permitted by applicable law and hold a public hearing to consider the proposed rezoning, after which the city council will take action on the proposed amendment.

(Ord. No. 1224, 2-26-96; Ord. No. 2158, § 1, 3-25-2024)

(a)

If the city council denies an application for an amendment to this chapter, another application for the same amendment to this chapter ("subsequent application") shall not be considered by the planning commission or the city council until six (6) have elapsed from the date on which the application was denied by the city council If the application is withdrawn by the applicant prior to the city council making a decision with respect to such application, but after the planning commission made a recommendation to the city council with respect to such application, another application for the same amendment to this chapter may be made to the planning commission at any time. Notwithstanding the foregoing, within less than six (6) months from the date on which an application for an amendment to this chapter was denied by the city, the city council, by a resolution adopted by its members, may request the planning commission to make a recommendation to the city council with respect to, a subsequent application and, after receiving such recommendation from the planning commission, consider the subsequent application.

(b)

If the city council denies an application for a change in the zoning classification of a parcel, another application for the same change in the zoning classification of the parcel or any part of such parcel shall not be considered by the planning commission or the city council until six (6) months have elapsed from the date on which the application is denied by the city council or, if the application is withdrawn by the applicant prior to the city council making a decision with respect to such application, but after the planning commission made a recommendation to the city council with respect to such application, until six (6) months have elapsed from the date on which the planning commission made its recommendation.

(c)

Notwithstanding the provisions of subsection (b) above, if the decision of the city council to grant an application for a change in the zoning classification of a parcel is challenged in the Jefferson County Circuit Court ("circuit court") and if the final judicial determination is that such application will not be granted, regardless of whether such decision is made by the circuit court or by an appellate court to which the decision of the circuit court is appealed, another application for the same change in the zoning classification of the parcel or any part of such parcel shall not be considered by the planning commission or the city council until one year has elapsed from: (i) the date on which the decision or order of the court, whether it be the circuit court or an appellate court, is final and the time for appeal, or further appeal, has expired; or (ii) the date on which such legal proceeding is dismissed if it is dismissed prior to a final judicial determination being made with respect to such application.

(d)

Notwithstanding the provisions of subsection (b) above, if the decision of the city council to deny an application for a change in the zoning classification of a parcel is challenged in the circuit court and if the final judicial determination is that such application will not be granted, regardless of whether such decision is made by the circuit court or by an appellate court to which the decision of the circuit court is appealed, another application for the same change in the zoning classification of the parcel, or any part of such parcel, shall not be considered by the planning commission or the city council until five year have elapsed from: (i) the date on which the decision or order of the court, whether it be the circuit court or an appellate court, is final and the time for appeal, or further appeal, has expired; or (ii) the date on which such legal proceeding is dismissed if it is dismissed prior to a final judicial determination being made with respect to such application.

(e)

Notwithstanding the provisions of subsections (b), (c) and (d) above, the city council may consider an application for a proposed change in the zoning classification of a parcel, or any part of the parcel, which, under subsection (b), subsection (c) or subsection (d) above was not to have been considered within the respective six (6) month period referred to in said subsections (b), within the one year period referred to in subsection (c), or within the five year period referred to in subsection (d), after receiving from the planning commission a recommendation with respect to such proposed rezoning of the parcel; provided, that prior to the consideration of the proposed change in the zoning classification of such parcel, or any part of such parcel, by the planning commission: (i) the city council determines that, because of reasons which would be proper for the city council to consider with respect to the proposed change in the zoning classification of the parcel, or such part of the parcel, it would be appropriate for the city council to consider changing the zoning classification of the parcel, or such part of the parcel, at such time; and (ii) the city council adopts a resolution providing that it has made such determination.

(f)

If an application for a change in the zoning classification of a parcel is filed with the zoning officer and: (i) at any time prior to the city council's consideration of the application at a meeting of the city council, the city council determines that the application is one which, under subsection (d) above, is not to be considered by the planning commission or the city council until the expiration of the one year period referred to in said subsection (d); (ii) the city council does not make the determination and adopt the resolution referred to in subsection (e) above; and (iii) one year has elapsed from the date on which the decision or order of the court referred to in subsection (d) above is final and time for appeal, or further appeal, has expired or one year has elapsed from the date on which the legal proceeding referred to in subsection (d) above is dismissed if it is dismissed prior to a final judicial determination being made with respect to the application which was the basis for such legal proceeding, the city council may, by a resolution adopted by its members, agree to consider the application on the conditions that the applicant agree in writing that: (i) if the city council denies the application to change the zoning classification of the parcel and the applicant challenges such decision of the city council in the circuit court, the applicant shall be obligated to reimburse the city for the costs incurred by the city in defending such challenge (including, without limitation, attorneys' fees, court costs and fees and expenses of expert witnesses) (collectively, "costs") if the final court order with respect to such decision of the city council, whether it be the order of the circuit court or a decision of an appellate court, shall uphold the city council's decision to deny the application to change the zoning classification of the parcel; and (ii) that the applicant post a bond in an amount which the city council determines will be sufficient to reimburse the city for the costs ("bond").

(Ord. No. 1224, 2-26-96; Ord. No. 1357, 5-10-99; Ord. No. 1459, § I, 2-12-01; Ord. No. 2158, § 1, 3-25-2024)