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Steps in the Rezoning Process
- Property owner/s determine if the land can be rezoned.
- Property owner/s make application to the Planning Department's Division of Zoning and Platting. This person or group of people are now referred to as the petitioner.
- Public hearing notices are sent out by the Planning Department to residents adjacent to the petitioner's property and to the community council where this property is located.
- Notice of the Commission's public hearing is published in the newspaper.
- Comments on the rezoning application from the public and pertinent departments go back to the Zoning staff. Staff makes recommendations and sends the application to the Planning and Zoning Commission.
- The Planning and Zoning Commission holds a public hearing and accepts or rejects the application. The Commission must first review the application to determine:
- the public need and justification for the change;
- the effect of the use district change on the property and on the surrounding property;
- the amount of undeveloped land in the general area heaving the same district as the proposal;
- the relationship of the proposed change to the Comprehensive Plan and;
- whether the public need will be best served by the new zoning.
- The Commission makes general recommendations and adopts findings on each of the above considerations.
- If the application is accepted (i.e. the proposed ordinance amendment is approved), the Commission recommends the rezone to the Assembly. Notices appear in the newspaper advertising the Assembly's public hearing on the proposed ordinance amendment. If the Commission recommends denial, that is final and the zoning does not change. However, the petitioner may file a written statement requesting the Assembly to review the proposal.
- The application for rezoning is introduced to the Assembly.
- In 4 to 6 weeks or later the Assembly holds a public hearing.
- The Zoning map is amended if the assembly approves the rezoning application.
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