A. Phased zoning is an overlay type regulation to be used in cases where the timing and/or phasing of the zoning of an area is especially critical to the implementation of the adopted Comprehensive Plan. The intent of the phased zoning regulations is to encourage redevelopment of a specified area for the use or density designated on the Comprehensive Plan when the necessary conditions for such development are realized (e.g., demolition of existing deteriorated areas; provision of urban services, such as public water and centralized sanitary sewer systems). Implicit in such a phased zoning approach is the premise that until such conditions are realized, the type of development identified by the comprehensive plan is premature; such development would be prevented by temporarily zoning the area to generally conform with the predominant existing land use, with a clear stipulation of an intended future re-zoning, which would be in compliance with the adopted Comprehensive Plan.
B. The phased zoning regulations may be overlaid over any zoning classification by means of a conventional zone change process. The use of the phased zoning regulations would indicate that the regulations of the overlaid zone are currently being enforced based upon the general existing land use, but on attainment of all the requirements of the zone which corresponds to the adopted Comprehensive Plan for type of use or density, the area could be rezoned in direct compliance with the plan.
C. Phased zones are indicated on the official zoning map by adding to the overlaid zone, the letter “P” as a suffix enclosed in parentheses. For example, in order to properly phase its change, an area zoned R-1JJ, which is identified for future use on the adopted Comprehensive Plan for industrial could be temporarily zoned R-1JJ (P), indicated that present development on the site would be in conformance with the regulations of the overlaid R-1JJ Zone, but that, upon the attainment of certain conditions (for example, provision of flood levee and demolition of existing buildings) as indicated on the local Comprehensive Plan, the area could be rezoned through a conventional zone change procedure. At the time of the zone change, the temporary R-1JJ (P) zone is removed and the area is developed according to the regulations of the new zone, which is in conformance with the adopted Comprehensive Plan.
D. The minimum size of any area to be rezoned as regulated by this section of the ordinance is five acres, provided that all other provisions of this appendix and the subdivision regulations are adhered to. Development of a smaller tract adjacent to an existing zone being requested may be permitted if the proposed development conforms to and extends the original development as if the new area had been a part of the original development and provided further that the zone is in conformance with the Comprehensive Plan.
(Ord. 2017-6, passed 4-4-17)