§ 1006. Amendments.

This Ordinance may be amended from time to time as conditions warrant in the following manner. As used herein, the term "application" includes City Council resolution/ordinance.

A.

Application for an amendment to the zoning ordinance or zoning map of the City of Arab shall be made on forms furnished by the Planning & Zoning Department, and shall include a proper legal description of the subject lot or tract of land. Additionally, all required fees and any other graphic information requested by the Planning Commission shall be submitted along with the completed application.

B.

Initiation Procedures. A proposed change to the zoning district boundaries or of the regulations may be initiated by the City Council, the Arab Planning Commission, or by petition of one or more owners, or authorized agents of such owners, of property within the area proposed to be changed.

C.

Text Amendments. The application for an amendment to the text of this Ordinance shall state in particular the article, section, subsection, and paragraph sought to be amended. The application shall contain the language of the proposed amendment and shall recite the reasons for such proposed change in the text.

D.

Map Amendments (Rezoning).

1.

Applications to rezone any property, or any application which seeks to change or modify the standards and requirements imposed on a particular piece of property by the text and maps of this Ordinance, including applications for variances and conditional use permits, may be instituted by the City of Arab or all the owners of the property sought to be affected, or their assigns.

2.

In the case where the applicant is not the owner of the subject property, said applicant shall secure a notarized authorization to act as applicant from the property owner, along with the regularly required copy of the deed for the property.

3.

When a development proposal involves approval of a site plan or subdivision plat in addition to a zoning map amendment, no site plan or subdivision plat approval shall be granted prior to approval of the map amendment. If a development plan and the corresponding request for zoning change are to be addressed at the same public hearing, the Planning Commission shall render a recommendation to the City Council on the zoning application before considering any related site plan or subdivision plat. Such decision shall be based on the requirements of the Comprehensive Plan, this Ordinance and the full range of uses permitted in the requested district, and not on the specific development concept proposed by the applicant. No permit shall be issued for site plan or subdivision development until the City Council has taken final action on the recommendation for zoning change.

4.

All properties annexed into the City of Arab shall receive the Agricultural (AG) District zoning designation. If another zoning designation is desired, the owner or authorized representative shall make separate application for rezoning in accordance with these regulations. Application for rezoning may be made simultaneously with a request for annexation.

D.[E.]

Public Hearing. Upon application, the Planning Commission shall, after giving seven (7) days' notice, conduct a public hearing on the proposed amendment. The Planning Commission shall consider and make recommendations on all proposed amendments, taking into account: (1) the testimony at the hearing; (2) a site inspection of the property in question; (3) the recommendations from interested official bodies; (4) compliance with the Comprehensive Plan and (5) the standards provided below.

1006.01. Standards for Map Amendments.

A.

No request, other than those made by the City Council, Planning Commission, the Planning & Zoning Department, or any department or agency of the city, for a change in zoning classification or creation of a separate district shall be considered which involves an area of less than two (2) acres, except in the following cases:

1.

The extension of existing district boundaries;

2.

The addition of Office & Institutional (O-I) or Residential (R) zoning contiguous to existing commercial or residential zones.

3.

The zoning of an existing lot of record, surrounded by unzoned property, which was outside the municipal limits and is requesting annexation.

B.

No rezoning of land to the Manufacturing (M) Districts shall be permitted except on a specific and documented finding that:

1.

There is an inadequate supply of land zoned for these uses or the proposed use cannot be accommodated by those sites due to lack of transportation, water, or sewer, or that the market area to be served by the proposed use cannot be efficiently served by the geographical location of the existing Industrial District.

2.

Roads, floodplains, or other existing or planned features will insure sufficient buffering to protect surrounding land and uses from the negative impacts of the proposed industrial use.

C.

There shall be no rezoning of land from Agricultural (AG) District to any other district until such time as adequate public utilities are available.

1006.02. Annexation. The following requirements must be fulfilled for a petition to be considered by the Planning Commission.

A.

Ownership. The petitioner must be the owner of the property, and must submit an accurate description of the property proposed for annexation. This requirement can be met by submitting a survey and a legal description prepared and signed by a surveyor registered in the State of Alabama; or a legally recorded subdivision plat showing the property in question.

B.

Contiguity. The property to be annexed must be contiguous to the existing corporate boundary of the City of Arab. For this purpose the term "contiguous" means either:

1.

A boundary of the property proposed for annexation adjoins the existing corporate boundary of the City of Arab for a distance of at least one (1) foot; or,

2.

At least one (1) foot of the boundary of the property proposed for annexation is directly across the right-of-way of a publicly dedicated street, a railroad right-of-way; or across from a creek or river, a utility right-of-way, or similar natural boundary from the existing corporate boundary of the City of Arab.

Furthermore any property that is requested to be annexed into the City should, if possible, be contiguous with the existing corporate boundary along a public road so that "holes" or "gaps" in the corporate boundary along such roads are not created.

C.

Review of Petitions. Each annexation petition will be submitted to all City department heads, as determined by the Mayor, for review and comment. All such comments will be presented to the Planning Commission and City Council for consideration in making a decision.

D.

Property Located in a Fire District. If the property requested to be annexed lies within the territory of a fire district, other than the Arab Fire District, the property owner must provide proof that they have been released from said fire district prior to a petition for annexation being processed. Proof may be provided in the form of written documentation from the Board of Commissions of the Fire District certifying that such a release has been granted and that all fees associated with said release have been paid in full. In the event the applicant fails to remove the property from any fire district prior to annexation, applicant shall reimburse the City for all costs, including all attorneys' fees, for the removal by the City of this property from any fire district after annexation.

E.

Guidelines for Review. The following guidelines will be used by the Planning Commission in reviewing petitions for annexation.

1.

Zoning Classification. Any area annexed into the City of Arab shall be given a zoning classification of Agricultural (AG) District, unless changed as stated herein.

In the event a petition for annexation seeks a zoning classification other than AG, a separate zoning request shall be submitted for recommendation to the City Council by the Planning Commission under the standards for rezoning set out in the City of Arab Zoning Ordinance. The Council, upon receiving such recommendation shall take into consideration the recommendations of the City's Comprehensive Plan for the area in question.

2.

Subdivision Annexation. If the property for which annexation is being requested is part of a subdivision, consideration should only be given to annexation of the entire subdivision.

If less than the full subdivision desires annexation the annexation of such portion should not make it unduly difficult for other property owners in the vicinity to achieve the degree of contiguity necessary to make their property eligible for annexation.

3.

Public Access. The property for which annexation is being requested should have direct access to a public right-of-way. For this purpose the term "direct access" means fronting on a dedicated public right-of-way; or having an unrestricted connection to a public right-of-way, capable of providing safe and ready access for public service vehicles, and approved by the Planning Commission.

4.

Whole Parcels. The property or properties for which annexation is being requested should be wholly contained within one or more parcel identification numbers assigned through the County Revenue Commissioners Office (i.e. no "self-dividing" of parcels causing only a portion of the tax parcel to be annexed).

5.

Nonconforming Use. If the property to be annexed has any structure or use which is nonconforming to this Ordinance, but which was in existence when this Ordinance was adopted, said structure or use shall be considered nonconforming and allowed to continue subject to abandonment and compliance with Article VIII as long as any such use is indicated on the petition for annexation.

1006.03. Report of the Planning Commission.

A.

The Planning Commission shall make a report to the City Council outlining the proposed amendment. No amendment shall be passed except by a majority vote of the members of the City Council present.

B.

The Planning Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and not solely for the interest of the applicant.

C.

For each disapproved map amendment, the Planning Commission shall make findings on each of the following matters based on the evidence presented to it:

1.

The proposed amendment's ability to uphold the policies of the Comprehensive Plan.

2.

The suitability of the property in question for the uses permitted under the proposed zoning.

3.

The adequacy of public facilities, such as sewer and water, and other required public services.

(Ord. No. 2019-4, § 1, 9-3-19)