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Commission forwards amendment clarifying reversionary clause application in zoning ordinance
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Summary
The Planning Commission recommended a revision to the zoning ordinance’s reversionary clause to clarify which rezoning categories are subject to reversion, how past rezonings are treated, and extension procedures for the one-year reversion period.
The Planning Commission forwarded to City Council a proposed amendment to the reversionary clause in Article 11 (Section 11.11) of Spanish Fort’s zoning ordinance intended to clarify when rezoned parcels revert to prior zoning if not put to the rezoned use.
Planning staff explained the amendment limits the reversionary clause to specified higher-risk classifications — including certain multi-family (R-3 series, R-4), large commercial (B-4, B-5), industrial (M-1) and T-1 classifications — and preserves a one-year period for a rezoned parcel to be devoted to the new use. The draft retains an option for the City Council to extend that period for an additional 12 months upon a showing of good cause. Staff also added language to clarify application to previously rezoned parcels that have not yet reverted and to state that parcels already reverted prior to the amendment would remain in their current classification but could be rezoned again under the ordinance.
Commissioners noted the distinction between lower-risk single-family rezonings (R-1, R-2) and higher-risk classifications where reversion concerns are more acute. After a public hearing with no speakers, the commission voted to forward the regulation review (agenda item 250505) to City Council with a positive recommendation.
