Resident urges correction of voided rezonings; planning board asks for legal review

A Krebs resident told the Planning and Zoning Commission on March 4 that a series of rezoning actions carried out without the commission in place were void under state law and should be corrected, and the commission agreed to seek legal guidance on how to proceed.

"They cannot exercise zoning without a planning and zoning board," resident Caylin Crone said, reporting that the city attorney and other legal reviewers had confirmed procedural defects for rezonings done when the commission was not functioning. Crone asked the board to set a process for sending notice to affected property owners, allowing owners an opportunity to refile or retain existing zoning without paying a new rezoning fee in some cases.

Crone said clerk action would initiate the corrective process: notices would be sent to property owners and the board could establish a timetable (for example, giving owners 15–30 days to respond). She told commissioners some property owners will prefer variances or formal rezoning; others may accept the previous zoning if they choose. Crone said she had already pursued similar corrections for her own property and urged the board to prepare for increased public contact as notice letters go out.

Commissioners discussed the possibility of litigation and the scope of undone rezoning actions. Several members said they wanted the city attorney to research how far back the commission must go and the number of affected parcels. Larry Coxsey moved that the board investigate and obtain legal guidance; members indicated agreement and asked staff to gather background documents and maps.

The board did not adopt corrective rezoning language at the meeting; it directed staff to request an attorney opinion and to return with recommendations on sequencing notices and handling applications and appeals.