§ 122-133. Restrictions on rezoning property.

(a)

Unless provided elsewhere in this chapter, no amendment to rezone property shall contain conditions, limitations or requirements not applicable to all other property in the zoning classification to which the particular property is rezoned.

(b)

Except as provided in subsections 122-133(c), (d), and (e) a rezoning application for a parcel or parcels shall not be processed by city staff or adopted by city council unless it complies with one of the following requirements:

(1)

The application requests to rezone parcel or parcels that are a minimum of 30,000 square feet of area not separated by a right-of-way for a street, a street, or a drainage retention area; or

(2)

The application requests to rezone the parcel or parcels to the same zoning classification as an adjoining parcel not separated by a right-of-way for a street, a street, or a drainage retention area.

(c)

A rezoning application to RBH shall not be processed by city staff or adopted by city council unless it requests to rezone a parcel or parcels that are both:

(1)

Located in locally designated historic districts; and

(2)

Located within 500 feet of a business district. The distance requirements between an RBH zone and a business district shall be measured from property line to property line.

(d)

A rezoning application to OH shall not be processed by city staff or adopted by city council unless it requests to rezone a parcel or parcels that are:

(1)

Located in locally designated historic districts;

(2)

Located within 500 feet of a business district. The distance requirements between an OH zone and a business district shall be measured from property line to property line; and

(3)

Have a minimum lot area that complies with one of the following:

a.

A parcel or no more than two parcels that are a minimum of 30,000 square feet of area not separated by a right-of-way for a street, a street, or a drainage retention area; or

b.

A parcel that is a minimum of 15,000 square feet of area that adjoins (not separated by a right-of-way for a street, a street, or a drainage retention area) an institutional, GU or RBH zoning district; or

c.

A parcel that is a minimum of 12,000 square feet of area with an existing RBH zone as of November 6, 2007, and not eligible to rezone to any other zoning district based on the criteria in this section of the Code of Ordinances.

(e)

A rezoning to R-3 in a local historic district consistent with subsection 122-357(c) shall not be processed by city staff or adopted by city council unless it requests to rezone a parcel or parcels that are a minimum of 25,000 square feet of area not separated by a right-of-way for a street, a street, or a drainage retention area.

(f)

A rezoning application to FBC shall not be processed by city staff or adopted by city council unless it requests to rezone a parcel or parcels that are either:

(1)

A minimum of 30 acres in area; or

(2)

Adjacent to or directly across a street from property currently zoned FBC.

(g)

The requirements in subsections 122-133(b), (c), (d), (e), and (f) are in addition to specific size requirements for zoning districts found elsewhere in the Code.

(Code 1961, §§ 2-33.2, 22-17; Code 1985, § 7-618(d); Ord. No. 1832, § 1, 4-15-86; Ord. No. 2275, §§ 4, 5, 5-5-92; Ord. No. 2646, § 1, 9-11-96; Ord. No. 2739, § 1, 6-10-97; Ord. No. 4076, § 1, 8-21-01; Ord. No. 5041, § 2, 4-2-02; Ord. No. 5747, § 1, 11-6-07; Ord. No. 2014-32, § 1, 6-3-14; Ord. No. 2018-26, § 1, 5-1-18; Ord. No. 2018-42, § 21, 9-25-18)