City Code | County Code

City Rezoning Packet 
County Rezoning Packet
Darmstadt Rezoning Packet

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 18.125 - City Code; and Chapter 17.20 - County Code). The current zoning classification of a property can be obtained by searching the APC Zoning Map. 

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 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 fee, recording fees, and a list of the abutting property owners. Zoning packets that describe detailed step by step instructions on filing procedures, fees and deadlines, are available in the APC office and through the links above. It is strongly 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 by noon Tuesday prior to the Area Planning Commission 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 approximately 45 days from filing to final approval.

ZONING CERTIFICATION

filing procedures, and application

Requests for zoning certification letters should be sent to the Area Plan Commission office. The letter will only certify the zoning district of the parcel. Submit application with the required fee. The application may include adjoining parcels with the same ownership but separate applications will be required for noncontiguous parcels. Letters will be prepared within 2 to 5 days of receipt.