Property owners who wish to use land for purposes other than what is allowed by-right under the current zoning law may apply to have their property rezoned to a different district, request a special use permit listed in their zoning district, or may request to have the text of the Zoning Ordinance changed to permit new or amended uses and regulations through a Zoning Ordinance amendment. Such requests can only be approved by City Council.
Rezonings, special use permits, and ordinance amendments require a public hearing at both Planning Commission and City Council and the requests are required to be advertised in a newspaper published or having general circulation in the City. Rezoning and special use permit requests also require notice letters to be sent to adjoining property owners and the subject properties are posted advertising the request.
Once a request is submitted, staff will review the application and offer a recommendation of action to Planning Commission who will make a voting recommendation to City Council on whether the request should be approved. City Council will then review the Planning Commission's recommendation (usually the month following the Planning Commission meeting), at which time it will vote to approve or deny the request. If approved, the request will appear on the consent agenda during the next City Council meeting for final approval (special use permit requests do not require consent agenda approval). If the request is denied, it shall not be reconsidered within one year of the date acted upon by City Council.
Additional Zoning Information (zoning districts and map, variances and appeals, zoning verification)
Rezoning Application [128KB]
Special Use Permit Application [113KB]
Requests may be initiated by the City Council on its own motion, or on recommendation by the Planning Commission, or by petition of the property owner or owners within the territory proposed. Such requests shall be addressed to City Council but shall be filed with the City Planner in the Department of Planning and Community Development. The City Planner shall transmit the petition to the Planning Commission for recommendation. All petitions shall be in writing and shall specify:
(1) The nature and extent of the change desired, with appropriately detailed "plan of development" (when necessary) showing what kind of development will be established;
a. Reasons for seeking the change; and
b. The names and addresses, as far as practical, of the property owners affected by the change (when necessary).
(2) The application/petition and the required fee shall be filed in the Department of Planning and Community Development in sufficient time to be placed on the Planning Commission agenda. The plan of development for the proposed change and all data pertaining thereto shall be filed in the office of the City Planner in sufficient time for conducting staff review prior to consideration by the Planning Commission. A copy of submission deadlines is available in the Department of Planning and Community Development or found on the Planning Commission page.
Detailed information regarding the process of requesting such changes as specified above can be found in the Zoning Ordinance within Article U. Amendments and Changes.
If a property owner decides to rezone, he or she may seek a traditional straight rezoning from one zoning classification to another or may apply for a conditional rezoning. Where competing and incompatible uses conflict, traditional rezoning methods and procedures could be inadequate. In such cases, the property owner may voluntarily impose conditions on the development of the property, which may make the project more acceptable to the community. These self-imposed limitations are often called proffers.
Prior to a public hearing, the property owner may submit a signed written list of proffers that would reasonably enhance the proposal, provided that:
- The rezoning itself must give rise to the need for the conditions;
- Such conditions must have a reasonable relation to the rezoning;
- Such conditions shall not include a cash contribution to the city;
- Such conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments, or other facilities not provided for in the subdivision ordinance;
- No condition shall be proffered that is not related to the physical development or physical operation of the property; and
- All such conditions shall be in conformity with the comprehensive plan.
Proffered conditions shall be interpreted to include written statements, development plans, profiles, elevation and/or other demonstrative materials. Materials of whatever nature and intended as conditions shall be annotated with the following statement signed by the owner(s) of the property:
"I (we) hereby proffer that the development of the subject property on this application shall be in strict accordance with the conditions set forth in this submission."
If City Council approves a rezoning request with proffers attached, the conditions shall remain in place until a subsequent amendment changes the zoning of the property; provided, however, that such conditions will remain in effect if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.
Detailed information regarding proffered/conditional zoning can be found in the Zoning Ordinance within Section 10-3-123.
Special permit uses are those which, if not specially regulated, may have an undue impact on or be incompatible with other uses of land within or adjacent to a given zoning district. These uses either have unusual characteristics, or have characteristics which may be different from those of their immediate surroundings. Upon the granting of a special use permit by City Council, these uses may be allowed to locate or expand within designated zoning districts under the standards, controls, limitations, performance criteria, restrictions and other regulations as specified in the Zoning Ordinance within Article V. Special Use Permits.