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1. What is a Planned Development?

A Planned Development (PD or PUD) is an area of land under unified ownership or control. The development of which is governed by a specific development plan approved by the City Council after review and recommendation by the Planning and Zoning Commission. A Planned Development is essentially a customized zoning district that provides some flexibility in the traditional zoning requirements and may include a mix of residential and commercial uses. The approval process for a Planned Development District is the same as the process for changing the zoning district designation on a property.

2. What is a Neighborhood Conservation District?

Neighborhood Conservation Districts are a land use or zoning tool used to preserve neighborhood character, retain affordable housing, and protect an area from inappropriate development. Such districts can serve as a catalyst for rehabilitation of existing buildings and can be used to protect neighborhoods or districts that have significant architectural or historic merit and a distinct character but that do not want or may not qualify for historic district status. A proposal for designation as a Neighborhood Conservation District may be initiated at the direction of City Council, upon the written request of owners representing 51% of the land area within the proposed district, or upon the written request of 51% of property owners in a proposed district.

3. What is the process for submitting a zoning application?

1. Meet with Staff: Make arrangements to meet with the Community Development Department staff to discuss the purpose of the proposed zoning change, determine how it relates to the Comprehensive Plan, and to clarify issues related to the development of the property. Please have a legal description and drawing of the property available. If the pre-application meeting will involve the submittal or discussion of a preliminary development plan for the property, the property owner or an authorized agent must complete and sign the Pre-Application Conference form.

2. Prepare Zoning Application Materials: A complete zoning application must include the following documents:

• A Zoning Application Form (signed by the legal owner of the property)
• A legal description and surveyed drawing of the property that is the subject of the zone change request.
• A preliminary site plan (if available), that shows how the property will be developed.
• A written narrative from the applicant outlining the reasons for requesting the zone change.

3. Submit Application: Submit all the required application materials along with the application fee to the Community Development Office at 2315 Johnson St.

The Community Development Office Staff cannot accept an incomplete application.

4. Who can request a change in zoning on a property?

Any person or corporation having a proprietary interest in a property may petition the Planning Commission and City Council for a change or amendment to the Zoning Map. The Planning Commission and City Council may also initiate hearings on a zoning amendment for any property within the City limits. City staff from time to time may recommend zoning amendments to the Planning Commission and City Council.

5. How much does a zoning application cost?

The fee for a zoning application is $225. The fee is non-refundable, even if the application is denied.

6. When and where do the Planning Commission and City Council meet?

Zoning applications are usually considered by the Planning Commission on the third Monday of each month at 5:30 pm in the Council Chambers of the Municipal Building located at 2821 Washington St. The City Council will usually consider the recommendations of the Planning Commission on the fourth Tuesday of each month at 6:00 pm in the Council Chambers of the Municipal Building located at 2821 Washington St. These meeting dates and times are subject to change due to holidays or other special events.

7. What factors are considered by the Planning and Zoning Commission and City Council in reviewing a Zoning Application?

The primary consideration when evaluating any zoning application is the application’s compatibility and consistency with the Comprehensive Plan. The Commission and Council may consider amending the Comprehensive Plan where it can be shown that the plan recommendations are no longer applicable to a given area, or that the land use requested in a zoning application is more appropriate for that location. Staff will always offer a recommendation to the Commission and Council on all zoning applications.

8. How is a Zoning Application processed?

1. Public Notice in the Newspaper: Upon receiving a complete application, City staff is required by State law to publish notice in the newspaper that a public hearing will be held on the zone change request. The notice is published at least 15 days before the meeting of the Planning and Zoning Commission.
2. Notice Sent to Adjacent Property Owners: State law requires that staff provide written notice to the owners of all property located within 200' of the property that is the subject of the zone change request. This notice is mailed at least 15 days before the meeting of the Planning and Zoning Commission. The property owners are given a response form on which they can indicate support or opposition to the request. All of the returned response forms are presented to the Planning and Zoning Commission and City Council.
3. Posting a Sign: At least 15 days prior to the date of the hearing before the City Council, a sign must be placed on the property proposed for rezoning. The sign shall be located within 30', and shall be legible from the nearest public road or street which abuts the property. The sign shall state that a zoning request has been proposed for the property, and shall provide a telephone number where information can be obtained about the zoning request. Signs can be borrowed from the Community Development Office.
4. Consideration and Recommendation by the Planning and Zoning Commission: The Planning and Zoning Commission will hold a public hearing on each zone change request and provide opportunity for the public to speak in favor or opposition to the request. The applicant should be present to speak at the public hearing. After the close of the public hearing, the Commission will vote to either recommend that the request be approved or denied. The Commission’s recommendation is forwarded to the City Council.
5. Consideration and Vote by the City Council: After receiving the recommendation of the Planning and Zoning Commission, the City Council will hold another public hearing at which those in favor or opposition to the request may be heard. The applicant should be present to speak at the public hearing. After the close of the public hearing, the Council will vote to either approve or deny the zone change request.

9. What effect, if any, do the responses from adjacent property owners have?

Neither the Planning and Zoning Commission nor the City Council are obligated to approve or disapprove a zoning application based on the responses from adjacent property owners. If, however, a written protest is signed by the owners of 20% percent or more of the property located within 200' of the site proposed for rezoning, the application may not be approved except by a supermajority vote of the entire City Council. A supermajority vote is the affirmative vote of at least six of the seven members of the City Council.

10. What if the Planning and Zoning Commission does not recommend approval of a Zoning Application?

If the Planning and Zoning Commission does not recommend approval of zoning application, it may not be approved except by a supermajority vote of the entire City Council. A supermajority vote is the affirmative vote of at least six of the seven members of the City Council.