Notification of Rezoning Requirement
A Bill in the Legislature

Bill Terry
TAPA Lobbyist

Many of you received a notice from me in January about a bill that would require notification to property owners by registered mail prior to any rezoning affecting a property. There were many problems with the bill. I have worked with the lobbyist for the homebuilders association (and Sam Edwards, your legislative chair, has too) to temper the bill to make it less costly and to exclude certain types of rezoning procedures. This bill is summarized below.

If you believe that this bill is detrimental to your employer’s interests, you should contact your senator and representative immediately and notify Sam and I. We have crafted an amendment that we think takes care of most problems. Please read and advise.

The bill is scheduled for hearing before the House Local Government Sub-Committee next week (the week of April 3).

The Original Bill
The bill would amend the following sections of the Code: 13-7-105(a), 13-7-105(b)(1), 13-7-105(b)(2), 13-7-203(a), 13-7-204. These sections apply to cities, counties and metro counties and require notice from the planning commission and the legislative body.

Here is the basic language:

“Prior to any rezoning of property being considered by the planning commission, the owners, as named in the property tax records, of any property that is to be rezoned shall be given at least fifteen (15) days’ notice in writing via certified mail of the proposed zoning change and of the time and place of the planning commission’s meeting to consider the matter. Such notice need not be given to the property owner if such owner or their duly designated representative is the applicant for the zoning change. The cost of the notice mailings to all other affected property owners shall be added to the fees charged to the applicant for the zoning change.”

Similar notification is required for the legislative body.

The Amendment
“This notice requirement shall not apply to the adoption of a new zoning ordinance or an amendment to an existing zoning ordinance creating a new zoning district classification, or any zoning or rezoning of property based upon a new zoning ordinance or amendment to a zoning ordinance which created a new zoning district classification or any multi-lot zoning or rezoning of property based upon any type of overlay zone or plan which requires approval by a legislative body.”