Planning & Development Division

Zoning

Process, investigate and enforce zoning violation complaints. Process all rezoning, variance, special exception, and ordinance amendment requests, prepare associated applications and supporting documents for the Board of Planning and Appeals, forward board actions to the City Commission and provide staff analysis and recommendations. Provide zoning information map designations and technical assistance to citizens and professionals. Implement and enforce various County, State, and Federal regulations.

Frequently Asked Questions

WHAT IS THE REZONE PROCESS?

1. Pre-Application Meeting

If you are interested in rezoning your property, you should first review the City’s Comprehensive Plan and Land Development Regulations to determine whether the proposal meets all of the City’s requirements and is consistent with trends of existing development. Prior to submitting an application for rezoning, you are encouraged to meet with staff to discuss your development proposal. Pre-Application request can be obtained on this website.

2. Submitting an Application

Once a proposal has been prepared, a completed rezoning application (available on this website) including the applicable fees is submitted. The applicant may also choose to concurrently submit an application for a future land use (FLU) amendment. Where a rezoning is perceived to generate an impact on the surrounding neighborhood or community, the applicant is further urged to hold an information meeting or open house to inform the affected public of the proposal.

3. Comments Document (COMDOC)

Following distribution and review of a proposed rezoning application, a Comments Document (COMDOC) is sent to the applicant, which outlines staff’s comments. The COMDOC also identifies the preliminary list of technical requirements for the development to proceed, which may include infrastructure improvements, issuance of applicable permits, etc. The scheduled meeting date, time and location for discussion of the proposal by the DRC is also indicated.

4. Development Review Committee (DRC) Meeting

Following delivery of the COMDOC to the applicant, City staff meets as a technical review team to discuss issues and respond to questions by the applicant.

5. Board of Planning & Appeals (BOPA)

The City’s Board of Planning and Appeals consists of volunteer, unpaid members appointed by the City Commission to advise on planning and land development matters. They are a recommending body.

No later than 10 days prior to the BOPA public hearing, a public notice (placard) is physically posted on the subject property detailing the applicant’s request and date of the BOPA meeting. Approximately 10 days in advance of the hearing, a notification letter detailing the rezoning request is sent to all property owners within 300 feet of the property under consideration.

Any affected party may submit comments or testify at the public hearing. The applicant is strongly encouraged to attend the public hearing to present and respond to public concerns regarding the proposal. After receiving staff’s written recommendations and input from both the applicant and the affected public on the rezoning application, the BOPA makes a recommendation to the City Commission.

6. City Commission Public Hearing

The rezoning request will receive two readings before the City Commission. The date of the first City Commission meeting to consider the rezone request, is announced at the BOPA meeting and also placed on the City’s website under the Agendas tab. The date of the second meeting is advertised in the Daytona News Journal and placed on the City’s website under the Agendas tab.

The City Commission considers the rezoning application and may reject, approve, or conditionally approve the development proposal based on recommended changes. Should conditions be imposed in association with the rezoning, they are reflected in a development order.

7. Amendment to the Official Zoning Map

If the rezoning application is approved by the City Commission, an ordinance effecting the change is executed by the Mayor. The official zoning map is revised to reflect the newly approved amendment. All proposed development allowed by the zoning amendment must then proceed through the subdivision / site plan review process.

HOW LONG DOES THE REZONING PROCESS TAKE?

A rezoning application generally takes three (3) months to process, from start to finish. It should be recognized that the more complex a proposal is, the more time it is likely to require. To assist with the timely processing of a rezoning application, the applicant should provide complete application and plan submissions.

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