Test Legal Handbook 2022

DATE: TO: FROM: SUBJECT:

August 11, 2022 Mayor and City Council Ch uck Watts, City Attorney Rezoning of Real Property

Council will typically deal with two types of zoning decisions. These are legislative acts. The first of these is the legislative act of adopting, or amending general zoning districts that apply throughout the entire City. These general districts, once adopted, will allow a multiplicity of uses in the district. The general districts will be fashioned as either residential, commercial, industrial, or institutional uses. The second type of zoning City Council will consider will be conditional zoning wherein a land owner requests that property be placed in a zoning district that has limited allowable uses subject to conditions that assure compatibility with surrounding properties. This type of zoning occurs only upon the request of the land owner and will allow no uses except that approved by the Council. Hearings involving conditional rezonings follow all the same rules as general district rezonings, with one additional rule: All conditions placed on the property must be proposed by the petitioner/land owner, the City or its agencies; but only those conditions mutually approved by the City and the petitioner may be incorporated into conditional zoning regulations. I. Matters and comments which shall be admitted at zoning hearings 1. Name of owner, petitioner or developer to be received for informational purposes only, provided that such information is volunteered by the speaker rather than in response to a question. 2. Various sketches or plans provided they are allowed for illustrative purposes only show one or more of the possible uses to which the property is adaptable. This evidence should be received with a great degree of caution and with the full understanding that no reference shall be made to the specific intention of the developer concerning any proposed use thereof. Such sketches and plans shall not be considered for substantive purposes. 3. General information pertaining to the character and peculiar suitability of the existing property. 4. General facts concerning the highest and best use to which the property is adaptable. 5. Hypothetic illustrations for the purpose of showing the applicability of the zoning regulations as they might apply to one or more uses.