When you, as a property owner, want to use your property for a purpose other than the one permitted by the zoning ordinance, you may request that the zoning be changed. The City Council, after receiving the recommendations from the Planning and Development Department and the Planning and Zoning Commission, may authorize the change. You may learn more about the Development Review process & view a flowchart representation here.
The following steps will guide you through the rezoning process. Staff is available at any point during the process to assist you or your representative with any questions or concerns you might have.
1st Step: Initial Contact
You are encouraged to meet with the staff of the Development Review Office and to submit an application for a Pre-Development Review to obtain staff support. The purpose of this meeting is to discuss your plans, to learn how the city's plans and policies may affect your property and its development, and to determine what zoning district may be best suited to your proposed development and the surrounding neighborhood.
In this way, you will know from the start, what (if any) problems a request for rezoning could face.
2nd Step: The Application
When you have determined that a rezoning is necessary, you may submit a Rezoning Application online to the Development Review Office. The following items must accompany the application in order to be considered a complete application:
- Rezoning Application signed by property owner(s) at the time the application is filed
- Accurate legal description of the property
- List of all the property owners and their mailing addresses within 500 feet of the area to be rezoned, that is prepared by a title company or attorney. Plain, stamped envelopes for each name on the list of property owners with the name and addresses typed on the envelopes
- List of all the property owners and their mailing addresses, both within the area to be rezoned, and within 185 feet of the area to be rezoned, that is prepared by a title company of attorney. Two plain, stamped envelopes for each name on the list of property owners with the names and addresses typed on the envelopes
- Non-refundable application fees
- Non-refundable advertising fee.
3rd Step: Staff Review
During the weeks following the application deadline, Planning and Development Department staff will evaluate your request based upon goals and policies as approved by City Council. Your request's effect on the city's street system, sanitary sewer system, and other public facilities, its effect on surrounding properties, specifically on existing residential neighborhoods, and other considerations will be evaluated. Requests must be evaluated as to the effect on the community as a whole and not on the special interests of the property owner. Based upon this evaluation, the staff prepares a staff report to the Planning and Zoning Commission that contains the staff recommendation to the commission. You will receive a letter notifying you of the date, time and place of the meeting with a copy of the staff report and staff recommendation the week prior to the Planning and Zoning Commission meeting.
Also during this time, staff prepares a legal advertisement and delivers it to The Daily Events for publication. Staff will mail notices to the property owners within 185 feet of the property to be rezoned and the applicant is responsible for placing public hearing signs on the property to advise interested parties of the date, time and place of the Planning and Zoning Commission meeting.
4th Step: Developer/Neighborhood Meeting
The Developer/Neighborhood meeting is held at least 21 days prior to the Planning and Zoning Commission meeting to allow notification to neighbors within 500 feet of the proposed rezoning. It is held early enough to provide adequate time for the developer to negotiate with the neighborhood to attempt to resolve any issues and provide any changes to the rezoning for staff to evaluate and include in the staff report.
5th Step: Planning & Zoning Commission Meeting
The Planning and Zoning Commission will hold a public hearing to consider your request. You or your representative must attend the Planning and Zoning Commission meeting. The commission will hear each case on the agenda from the staff presentation and recommendation, to the Applicants (or representative) presentation and Other persons in favor of the rezoning, and any persons in opposition to the rezoning.
The commission will recommend the request be approved, the request be denied, or the request be approved with modifications. If the commission determines that additional information is needed to make a decision, it may also table the request to a future meeting.
If the Planning and Zoning Commission recommends that your request be approved or denied it will automatically be placed on the City Council's agenda. During the time prior to the City Council public hearing on your request staff:
- Prepares minutes of the Planning and Zoning Commission meeting
- Prepares legal advertisement for newspaper publication
- Prepares an ordinance for City Council review
- Mails notices to the property owners within 185 feet of the area to be rezoned.
6th Step: The City Council Meetings
City Council will have 2 meetings (2 weeks apart) on your rezoning request. You will be notified by mail of the date, time and place of the City Council meetings. You (or your representative) are not required to attend the City Council meetings, but it is recommended that you attend the first meeting in case the City Council has any questions.
1st Council Meeting
The 1st City Council meeting is the public hearing. Council will review the staff recommendation and the Planning and Zoning Commission recommendation. They will also hear from you or your representative and any others wishing to speak in favor of or in opposition to the rezoning. City Council does not vote on your request at the 1st meeting.
2nd Council Meeting
The 2nd meeting, 2 weeks later, is when City Council can vote on your request. The council may approve the request, approve the request with modifications, or deny the request. If the council determines that additional time for review is required, the request may be tabled until a later meeting.
A simple majority (5 out of the 9 council members), is required to approve rezoning requests. If a valid protest petition has been submitted for a rezoning request, a 2/3 majority (6 of the 9 council members) is required to approve the rezoning. A brochure outlining protest petitions (PDF) is available upon request from the Development Review Office.
You will be notified by mail following the City Council's action on your rezoning request. Another request for rezoning on the same tract of land cannot be accepted by the Planning and Development Department within 6 months of the council's decision.