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City attorney says state law now bars local waiting period for rezoning refiling
Summary
City Attorney Brad Branham told the council a recent change in state law eliminates the prior local requirement that applicants wait a year to refile rezoning requests; applicants may reapply immediately after a denial, and the city is updating its code to reflect that change.
Councilors asked for clarification about an upcoming amendment that adjusts the waiting period for rezoning applications. City Attorney Brad Branham explained the change is a technical update to reflect recent state law.
Branham said the state legislature has "rendered that null" and that local governments are no longer permitted to impose any waiting period on applicants who wish to refile after a denial. "They have said that we are not allowed to impose any waiting period whatsoever," Branham said, adding that the city's code is being updated purely to align with state law. A council member confirmed the implication: a denied application could be resubmitted immediately the following day.
Dundas and staff presented the code change as a compliance update rather than a policy shift; no formal vote occurred in the briefing and staff offered to provide the ordinance language as part of the public hearing process.
