(a) Applicability.
(1) At any time prior to March 1, 1987, an applicant for a change in zoning district classification or boundary may voluntarily elect to proceed under either this chapter or Chapter 51. The zoning procedures in this chapter automatically apply to any request for a change in zoning district classification or boundary that is formally initiated on or after March 1, 1987.
(2) This chapter (and not Chapter 51) automatically applies to:
(A) all property that is annexed into the city on or after March 1, 1987; and
(B) all property that is rezoned on or after March 1, 1987, if the request for the change in zoning district classification or boundary was formally initiated on or after that date.
(3) The passage of an ordinance granting or amending a specific use permit is not considered to be “rezoning” for purposes of this section.
(b) Purpose.
(1) In general. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city in order to:
(A) lessen the congestion in the streets;
(B) secure safety from fire, flooding, and other dangers;
(C) provide adequate light and air;
(D) prevent the overcrowding of land;
(E) avoid undue concentration of population;
(F) facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements;
(G) promote the character of areas of the city;
(H) limit the uses in areas of the city that are peculiarly suitable for particular uses;
(I) conserve the value of buildings; and
(J) encourage the most appropriate use of land throughout the city.
(2) Compliance with FHAA. The city council intends that this chapter fully comply with the Federal Fair Housing Amendments Act of 1988 (“FHAA”) and all other applicable state and federal legislation. Residential use and district regulations in this chapter are based on the family unit as defined in Section 51A-2.102. It is the express intent of the city council that all families as defined herein be treated alike without regard to the handicapped or non-handicapped status of individual family members, and that this chapter be construed in a manner consistent with the FHAA and all other applicable state and federal legislation at all times. (Ord. Nos. 19455; 21044)