Rezoning, Conditional Zoning, & Special Use Permits

Rezoning is the process of changing a property's zoning classification to allow for different land uses or development standards. This may be requested when a property owner or developer wants to use land in a way that isn’t permitted under the current zoning. A rezoning request does not guarantee approval and must align with the city's adopted land use plans and policies. All rezonings are considered legislative decisions, giving the decision-makers broad discretion.

To initiate a rezoning, the applicant submits an application, property deed, and fee by the published deadline. Staff reviews the materials and schedules the case for public hearing. Notices are mailed to nearby property owners, a sign is posted on the property, and a legal ad is published. The Zoning Commission conducts a public hearing and makes a recommendation to the City Council. Council then holds its own public hearing and votes to approve or deny the request. If denied, there is a one-year waiting period before a similar application may be resubmitted for the same property.

A conditional rezoning is similar to a general rezoning but allows the applicant to propose specific conditions tied to the use or development of the property. These conditions may include things like limiting certain uses, requiring a particular site layout, or adding buffers or access restrictions. Conditional rezonings offer more flexibility for developers while giving the city more control over the final outcome. Like standard rezonings, these are legislative decisions.

Applicants submit a rezoning request with proposed conditions, including a site plan and description of how the project will comply with city plans. The city sends notices to surrounding property owners, posts signage, and publishes public notices. The Zoning Commission holds a public hearing and reviews the proposed conditions along with staff input and public feedback. It then makes a recommendation to City Council, which conducts a final hearing and vote. Only conditions agreed to by both the applicant and Council become legally binding.

A Special Use Permit (SUP) allows certain land uses that are not automatically permitted in a zoning district but may be appropriate in specific locations under defined conditions. These uses often have potential impacts that require case-by-case review. Unlike rezonings, SUPs are evidentiary hearings, meaning decisions must be based on formal evidence and legal standards.

To request a Special Use Permit, an applicant submits an application and site plan detailing the proposed use. Notices are sent to nearby property owners, signs are posted, and ads are published. The case goes before the City Council in an evidentiary hearing where testimony is taken under oath. The Council must determine whether the request meets specific findings of fact, such as compatibility with surrounding uses and minimal negative impacts. A decision is made based solely on the evidence presented during the hearing.