HOW DO I KNOW IF A REZONING IS NEEDED?
The Zoning Code establishes a series of zoning districts based on land use for the City and the County. The Code also identifies use groups, which are lists of similar land uses permitted within the various zoning districts (Section 15.153.04 - City Code; and Chapter 17.20 - County Code). The current zoning classification of a property can be obtained by going to our zoning map (link above).
In the Specific Zoning District Requirements (Section 15.153.03 - City Code; and Chapter 17.16 - County Code), the use groups that are permitted within each district are specified. If the desired use is listed in one of the allowed use groups for the district in which the land is currently zoned, a rezoning is not needed. When the applicable use group is not permitted in that district, a rezoning will generally be required. Although a specific use may be allowed in several districts, the minimum zoning district needed is the lowest intensity district that allows the use group containing the desired use. The APC staff can provide assistance.
THE REZONING PROCESS
A rezoning petition must be accompanied with a legal description of the site, a site plan, the proposed ordinance to rezone the land, checks for the filing and recording fees, and a list of the abutting property owners. Zoning packets that describe filing procedures, fees and deadlines, are available in the APC office and through the links below. It is recommended that petitioners confer with the APC staff before filing, and meet up-front with land owners in the area to discuss any issues. Hiring an attorney, engineer or surveyor as a representative can be helpful but is not required. The petitioner must send notice to abutting property owners by certified mail, return receipt requested. Green receipts must be turned in to the APC prior to the hearing. The petitioner can also file a Use and Development Commitment with the rezoning to limit permitted uses or make other commitments.
Once a petition is filed, APC staff will request comments from reviewing agencies, write staff field reports on the rezonings proposed, and distribute these reports. Consideration of the Comprehensive Plan is required in making rezoning decisions. The APC is a recommending body for rezonings. A second hearing for approval or denial will be held by the City Council or County Commission, whichever jurisdiction applies (see Steps in Rezoning Process on reverse). The rezoning process generally takes two and one half months from filing to final approval.
City Rezoning Packet with Use and Development Commitment
County Rezoning Packet with Use and Development Commitment
Darmstadt Rezoning Packet with Use and Development Commitment