[R.O. 2011 §400.220; Ord. No. 2006-170 §1, 12-19-2006; Ord. No. 2007-47 §1, 5-15-2007]
A.
This Section sets out the required review procedures and review criteria for rezoning applications.
1.
Post-application conference. After submitting a rezoning application, the applicant shall have a post-application conference as specified in Section 400.180(B), Post-Application Conference.
[Ord. No. 1671, 7-16-2019]
2.
Application submittal requirements. All rezoning applications shall include the following:
a.
A completed application form.
c.
Legal description of the subject property.
d.
[1]Description of the proposal.
[1]
Editor’s Note: Former Subsection (A)(2)(d), which required all rezoning applications to include a map showing all land to be rezoned and all surrounding land within 185 feet, was repealed by Ord. No. 1671, 7-16-2019. This ordinance also provided for the redesignation of former Subsection (A)(2)(e) through (h) as Subsection (A)(2)(d) through (g), respectively.
e.
Copies of tax certificates from the County.
f.
Proof of ownership or control of the property or permission from the property owner.
g.
A completed flood hazard and levee critical area information form, if necessary. Applications involving the flood hazard or levee critical area may not be reviewed by the Planning and Zoning Commission and Board of Aldermen in the time frame outlined in this Section due to the time required for additional agencies, such as the Corps of Engineers and levee district, to review the application.
3.
Review and report — Director of Community Development. The Director of Community Development or their designees shall prepare a staff report that reviews the proposed rezoning in light of the review criteria set forth in Section 400.180(Q), Review Criteria for Considering Applications. The Director shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least five (5) days before the scheduled Planning and Zoning Commission public hearing.
[Ord. No. 1671, 7-16-2019]
4.
Review and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed rezoning within sixty (60) days of the date that a complete application is filed, provided that the required notice can be given within that time. Following the close of the public hearing, the Planning and Zoning Commission shall table or recommend approval, modified approval or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen.
5.
Review and action — Board of Aldermen. The Board of Aldermen shall hold a public hearing on the proposed rezoning within thirty (30) days of the close of the Planning and Zoning Commission's public hearing. The Board of Aldermen shall act to table, approve, approve with modifications or deny the proposed rezoning within sixty (60) days of the date of the close of the Board of Aldermen public hearing on the rezoning.
6.
Review criteria. In reviewing all rezoning applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications.
7.
Protest petitions. In order to be considered valid, a protest petition must be duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed. If a valid protest petition is submitted to the City at least ten (10) days prior to Board of Aldermen final action on the application, a rezoning shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.
8.
Adoption by ordinance. Rezonings shall be approved by the Board of Aldermen in the form of an ordinance. Approved rezonings shall be indicated on the official Zoning Map by the Director of Community Development or their designees promptly after the ordinance authorizing the rezoning is adopted.
[Ord. No. 1671, 7-16-2019]