Sec. 656.125. - Limitations on rezoning of land.

(a) Except as provided in Subpart F, Part 3, no ordinance to rezone land shall contain conditions, limitations or requirements which are not applicable to all other land in the zoning district to which the particular land is rezoned other than PUDs. (b) An applicant for a proposed rezoning has the burden of proving by substantial, competent evidence that the proposed rezoning: (1) Is consistent with the Comprehensive Plan; (2) Furthers the goals, objectives and policies of the Comprehensive Plan; and (3) Is not in conflict with any portion of the City's Land Use Regulations. Upon the applicant proving the proposed rezoning complies with the criteria set forth in subsections (b)(1)—(3) of this Section, the Council shall grant such rezoning request unless the Council determines that there is substantial, competent evidence that maintaining the current zoning district accomplishes a "legitimate public purpose," as such terms are defined in subsection (c) of this Section. (c) A "legitimate public purpose" may be one or more of the following criteria, or such other criteria as may be determined by law from time to time: (1) The proposed rezoning and the development permitted thereunder is premature or otherwise creates or contributes to an urban sprawl pattern of development; (2) The proposed rezoning will constitute "spot zoning," that is an isolated zoning district unrelated to adjacent and nearby districts; (3) Uses permitted under the proposed rezoning will not be consistent or compatible with the existing and proposed land uses and zoning of adjacent and nearby properties or the general area or will deviate from an established or developing logical and orderly development pattern; (4) The proposed rezoning and the development permitted thereunder will result in significant adverse impacts upon property values of adjacent or nearby properties or in the general area more than the types of uses currently permitted; (5) The proposed rezoning and the development permitted thereunder will detract from the character and quality of life in the general area or neighborhood by creating excessive traffic, noise, lights, vibration, fumes, odors, dust, physical activities or other detrimental effects or nuisances. The following additional criteria shall be considered by the Planning and Development Department, the Local Planning Agency, and the City Council when evaluating any land use or zoning application within the Riverside/Avondale Zoning Overlay District: (a) Whether the proposed rezoning is consistent with the Riverside/Avondale Zoning Overlay District and the historic district regulations; (b) Whether the rezoning will negatively affect or alter the character of the character area or corridor; (c) Whether the rezoning and subsequent future development would result in the destruction of natural resources such as wetlands, protected trees or exceptional specimen trees; and (d) Whether the rezoning would have a negative affect on any contributing structures within the Riverside Avondale historic district, as defined in Section 656.399.17 , historic landmark or landmark site. (d) Whenever the Council has denied an application for rezoning, no further application shall be filed for the same rezoning of a part of or all of the same land for a period of one year from the date of this action. In the event that two or more applications for the same rezoning for a part or all of the same land have been denied, no further applications shall be filed for the same rezoning of a part or all of the same land for a period of two years from the date of the action denying the last application filed. (e) The time limits of subsection (d) of this Section may be waived by the affirmative vote of two-thirds of the members of the Council present and eligible to vote when this action is deemed necessary to prevent injustice or to facilitate the proper development of the City. (f) With respect to limitations on Council action: (1) If the recommendation of the Department is to deny an ordinance amending the Zoning Code, the Council shall not adopt the ordinance until a public hearing has been held on the matter before the Council. (2) If there is a concurrence of the recommendation of the Department and the appropriate committee of the Council to recommend approval of an ordinance rezoning land or an ordinance amending the Zoning Code, the Council shall not deny the ordinance until a public hearing has been held on the matter before the Council. In the event the Council should vote not to enact an ordinance rezoning land which has the concurrence of the recommendation of the Department and the appropriate committee of the Council the vote shall not be considered a final vote and the Council President shall so rule and place the matter on a future agenda for a public hearing before the Council. (g) The council hereby states as a matter of public policy that all rezoning requests presented to the Council after December 31, 1999, shall be reviewed solely on the basis of the merits of the competent and substantial evidence presented as part of the rezoning application process and that the previous zoning classification of a parcel of property prior to the adoption of the 2010 Comprehensive Plan shall not be considered as the sole grounds for granting or denying a rezoning request. (h) If the applicant has not submitted the pictures of the posted or reposted signs, if necessary, and the accompanying notarized affidavit required per subsection 656.124 (c), the Department shall notify the Council committee of reference, which shall delay the hearing. The Council committee of reference shall not approve, approve with conditions or deny any rezoning unless the applicant has submitted the pictures of the posted or reposted signs, if necessary, and the accompanying notarized affidavit in accordance with the requirements set forth in subsection 656.124 (c). (Ord. 91-59-148, § 1; Ord. 95-211-722, § 1; Ord. 98-678-E, § 3; Ord. 98-224-E, § 1; Ord. 2008-192-E, § 2; Ord. 2009-548-E, § 2) Editor's note— Ord. 98-224-E, § 1, effective June 15, 1999, amended the Code by adding a new subsection (e) to Section 656.125. In order to avoid duplication of subsection letters, the subsection has been redesignated as subsection (g) at the discretion of the editor.