(a)

Subdivisions. Except as otherwise provided in the following section, no subdivision of property may be carried out until the preliminary plan and final plat for such subdivision have been approved by the planning commission. All such subdivisions and development therein shall be carried out in accordance with this chapter and the subdivision regulations adopted by the planning commission.

(b)

Site plans. Except as otherwise provided in the following section, no construction of any building or alteration of the exterior of any building within a commercial or service institution zoning district shall begin until the plan for such construction or alteration has been approved by the planning commission.

(c)

Effect of denial. When the approval of the planning commission as required by this section has been denied, the same application may be resubmitted for consideration, or a substantially similar application may be submitted for consideration only if one or more of the following conditions are met:

(1)

One year has passed since the denial by the planning commission.

(2)

The reasons for the denial have been resolved by the adoption of changes to this Code, the city's subdivision regulations or other applicable laws or regulations.

(3)

The planning commission directs the planning and codes director to accept a new application.

(d)

Effect of request for deferral. If an applicant requests that the planning commission defer consideration of a development proposal on two occasions, either at the planning commission's meeting or within 96 hours prior to the meeting, the application shall be deemed void. Action taken by the planning commission to defer consideration of a proposal shall not be considered as a deferral by the applicant if the applicant has not requested a deferral in writing. The same application or a substantially similar application may not be submitted for consideration until one year has passed since the date the application became void; provided, however, that the planning commission may, by majority vote, direct the planning and codes director to accept the same application or a substantially similar application before one year has passed. Consideration of a previously voided proposal shall be based on the latest technical and development standards contained in or adopted by this Code.

(Ord. No. 2008-08, § 7, 6-24-2008; Ord. No. 2014-16, § 2, 10-27-2014)

(a)

Subdivisions. Pursuant to T.C.A. § 13-4-302, if a plat of subdivision divides a tract into no more than two lots, then the approval may be endorsed in writing on the plat by the planning and codes director or by another designee of the planning commission without the approval of the planning commission, upon certification by the planning and codes department staff that the subdivision complies with the subdivision regulations as have been adopted by the planning commission; and provided further, that no request for variance from such regulations has been requested; and provided further, that a division of land requiring new road or utility construction may not be approved administratively unless the plan has received preliminary approval by the planning commission. Notwithstanding the foregoing, the planning and codes director may, at his discretion, refer any such plat of subdivision to the planning commission for consideration and approval when unique or unusual conditions warrant. Furthermore, if approval of any such plat is denied by the planning and codes director under this section, it shall be referred to the planning commission for review and final decision if the applicant chooses to appeal the decision.

(b)

Commercial and service institution sites. Within any commercial or service institution district, the following site development activities may be approved by the planning and codes director, provided that the planning and codes director may, at his discretion, refer applications for such activities or uses to the planning commission for consideration and approval when unique or unusual conditions warrant. Furthermore, any application or request denied by the planning and codes director under this section shall be referred to the planning commission for review and final decision if the applicant chooses to appeal the decision.

(1)

The repair and repainting of an existing structure that is consistent with the originally approved plan or design for the structure, including replacement of awning treatments.

(2)

Minor modifications to a site plan approved by the planning commission, provided the change is consistent with the overall intent of the approved site plan, meets the requirements of the underlying zoning district and does not decrease the approved buffer areas or green space adjacent to other properties or the public right-of-way. Minor modifications which may be approved by the planning and codes director shall include, but not be limited to: adjustments to internal access drives; placement of less than five percent of the site's parking spaces; shifts or expansion of green space areas; and expansions/reductions of gross floor area not exceeding five percent.

(Ord. No. 2008-08, § 8, 6-24-2008; Ord. No. 2014-16, § 3, 10-27-2014; Ord. No. 2022-11, § 1, 8-22-2022)

(a)

Definitions. As used in this section:

Construction means the erection of construction materials in a permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun prior to rebuilding, such excavation, demolition or removal shall be deemed to be construction, provided that work shall be carried on diligently and complies with all applicable requirements.

Development plan means:

(1)

A preliminary plan for a subdivision approved by the planning commission;

(2)

A final plat of subdivision approved by the planning commission;

(3)

A plat of subdivision administratively approved pursuant to section 78-42(a) herein;

(4)

A development plan approved by the board of commissioners for property in the open space residential development (OSRD) zoning district;

(5)

A site plan approved by the planning commission for a site within a commercial or service institution district pursuant to section 78-41(b) herein;

(6)

A master plan for a planned commercial development approved by the planning commission pursuant to section 78-205(12), section 78-225(12), section 78-245(12) or section 78-255(8) herein; or

(7)

A site plan requiring planning commission approval for a site within the HP hillside protection overlay district pursuant to section 78-345 herein.

Site preparation means excavating, grading, demolition, removing excess debris to allow for proper grading, or providing a surface for a proper foundation, drainage, and settling for a development project, and physical improvements including, but not limited to, water and sanitary sewer lines, footings or foundations installed on the site for which construction permits are required.

(b)

Vesting periods. In accordance with T.C.A. § 13-4-310, and subject to the exceptions set forth in said statute, the approval of a development plan will initiate a vesting period, during which the development standards adopted by the city and in effect on the date of approval shall remain the standards applicable to the approved development plan. The vesting period for an approved development plan shall be as follows:

(1)

Subdivisions.

a.

A preliminary plan for a subdivision shall be vested for a period of three years from the date of approval. Approval of a preliminary plan shall become effective upon the date the planning commission votes to approve the plan.

b.

A development plan for an OSRD subdivision submitted in accordance with section 78-185 herein shall be vested for a period of three years from the date of approval. Approval of such a development plan shall become effective upon the date of passage on final reading of the rezoning ordinance for the property by the board of commissioners. Thereafter, approval of a preliminary plan for the subdivision by the planning commission shall begin a new three-year vesting period in accordance with subsection a. above. If the three-year vesting period for the development plan approved by the board of commissioners for an OSRD subdivision expires before a preliminary plan for the subdivision has been approved by the planning commission, the OSRD zoning shall remain in effect; however, if the applicable development standards have changed since the approval of the development plan, then a new development plan must be submitted for the approval of the board of commissioners in accordance with applicable development standards at the time of submittal.

c.

If the applicant secures all necessary permits, commences site preparation and obtains approval of a final plat within the three-year vesting period following approval of the preliminary plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period. Approval of a final plat by the planning commission shall become effective upon the date of the last signature of approval required on the plat for recording. During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.

d.

If construction, as defined in this section, commences within the five-year vesting period following approval of the preliminary plan, then the vesting period shall remain in effect until the planning and codes department has certified final completion of the subdivision, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary plan.

e.

There shall be a separate vesting period applicable to each section of a subdivision that is to proceed in two or more sections. The development standards which are in effect on the date of approval of the preliminary plan for the first section of the subdivision shall remain the development standards applicable to all subsequent sections, provided that the total vesting period for all sections shall not exceed 15 years from the date of the approval of the preliminary plan.

f.

A plat of subdivision that divides a tract into no more than two lots and is approved pursuant to section 78-42(a) herein shall be vested for a period of five years after approval. Approval of such a plat shall become effective upon the date of the last signature of approval required on the plat for recording. If construction, as defined in this section, commences within the five-year vesting period following approval of the plat, then the vesting period shall remain in effect until the planning and codes department has certified final completion of the subdivision, provided the total vesting period shall not exceed ten years from the date of approval of the plat.

(2)

Site plans.

a.

Approval by the planning commission of a site plan for a site within a commercial or service institution district pursuant to section 78-41(b) herein or a site within the HP hillside protection overlay district pursuant to section 78-345 herein shall become effective upon the date the planning commission votes to approve the site plan. A site plan shall be vested for a period of three years from the date of approval. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered the final site plan for the project.

b.

When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended pursuant to subsection (4) below shall be considered a preliminary site plan. If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period. During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested. Approval of a final site plan may be granted by:

1.

The planning and codes director, if the applicant certifies in writing that no changes to the development activities approved under the preliminary site plan are proposed, except for those modifications which have previously been approved pursuant to subsection (4) below, or if any proposed modifications to the development activities approved under the preliminary site plan may be approved administratively pursuant to section 78-42(b) herein.

2.

The planning commission, if under section 78-42(b) herein the final site plan cannot be administratively approved, the planning and codes director has referred the site plan to the planning commission for its consideration, or the planning and codes director has denied approval of the site plan and the applicant appeals the director's decision.

c.

Approval of a final site plan by the planning and codes director shall become effect upon the date of written notification of approval. Approval of a final site plan by the planning commission shall become effective upon the date the planning commission votes to approve the site plan.

d.

If construction, as defined in this section, commences within the five-year vesting period following approval of the preliminary site plan, then the vesting period shall remain in effect until the planning and codes department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.

e.

Approval by the planning and codes director for repair or repainting of an existing structure or minor modifications to a site plan pursuant to section 78-42(b)(1) herein will not initiate a new vesting period under this section; however, such approval shall be valid for a period of one year from the date of approval by the planning and codes director.

(3)

Planned commercial development master plans.

a.

Approval by the planning commission of a master plan for a planned commercial development pursuant to section 78-205(12), section 78-225(12), section 78-245(12) or section 78-255(8) herein shall become effective upon the date the planning commission votes to approve the master plan. An approved master plan shall be vested for a period of three years from the date of approval.

b.

If the applicant secures all necessary permits, commences site preparation and obtains approval of a site plan within the three-year vesting period following approval of the master plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period. During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.

c.

If construction, as defined in this section, commences within the five-year vesting period following approval of the master plan, then the vesting period shall remain in effect until the planning and codes department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.

d.

There shall be a separate vesting period applicable to each phase of a project depicted in a master plan that is to proceed in two or more phases. The development standards which are in effect on the date of approval of the master plan for the first phase of the project shall remain the development standards applicable to all subsequent phases, provided that the total vesting period for all phases shall not exceed 15 years from the date of the approval of the master plan.

(4)

Amendments.

a.

Amendments to an approved development plan shall require either administrative approval pursuant to section 78-42(b) herein, if applicable; approval of the board of commissioners in the case of a development plan for an OSRD subdivision; or planning commission approval in all other matters. An amendment may be denied for any of the reasons specified under T.C.A. § 13-4-310(h)(1) or for failure to meet the development standards in effect at the time the development plan was approved.

b.

If approval of an amendment is denied, then the applicant may either proceed under the prior approved plan with the associated vested property rights or, alternatively, allow the vested property rights to terminate and submit a new development plan. Any new development plan submitted under this subsection shall meet all development standards then in effect for those portions of the project not already constructed or under construction. Notwithstanding this subsection b., a vested property right shall not terminate upon determination, issued in writing, that it is in the best interest of the community to allow the development to proceed under the amended plan without terminating the vested property right. Such a determination shall be made by the board of commissioners in the case of a development plan for an OSRD subdivision, and by the planning commission in all other matters.

(5)

Expiration/extension of vesting period.

a.

Upon the expiration of a vesting period for a development plan, construction may not proceed unless a new development plan is approved. Any new development plan submitted under this subsection shall meet all development standards then in effect for those portions of the project not already constructed or under construction.

b.

Alternatively, the planning commission may extend the vesting period for any or all of the vested rights applicable to a development plan if it determines, in writing, that it is in the best interest of the community to allow the development to proceed without terminating the vested property right(s).

(6)

Conditions of approval. Notwithstanding the foregoing, approval of any development plan will be subject to any conditions established at the time of approval. Pursuant to T.C.A. § 13-4-310(f), if the established conditions of approval for a development plan are not met, the applicant will be allowed 90 days to cure the violation of any condition of approval; provided further, that the planning commission may grant an additional time period to cure the violation, upon a written determination that it is in the best interest of the community. Thereafter, the violation of any such conditions shall cause the vested rights applicable to the development plan to terminate.

(7)

Preliminary concept development plans. Comments and guidance provided in regard to a preliminary concept development plan submitted pursuant to section 78-196(b) or section 78-260(b) herein or section 3.1 of the subdivision regulations shall not be considered approval of a development plan and shall not initiate a vesting period under this section.

(Ord. No. 2014-16, § 4, 10-27-2014; Ord. No. 2019-07, §§ 2, 3, 8-26-2019)

The provisions of this chapter shall be administered and enforced by a building inspector appointed by the city manager who shall have the power to make inspection of buildings or premises necessary to carry out his duties in the enforcement of this chapter.

(Code 1978, § 11-1701; Ord. No. 2008-08, § 6, 6-24-2008)

Editor's note— Ord. No. 2014-16, § 1, adopted Oct. 27, 2014, renumbered §§ 78-43—78-46 as 78-44-78-47, as set out herein.

(a)

Building permit required. It shall be unlawful to commence the excavation for the construction of any building, including accessory buildings, or to commence the moving or alteration of any building, including accessory building, until the building inspector has issued a building permit for such work.

(b)

Issuance of building permit. In applying to the building inspector for a building permit, the applicant shall submit a dimensional sketch or a scale plan indicating the shape, size, height and location on the lot of all buildings to be erected, altered or moved and of any building already on the lot. He shall also state the existing and intended use of all such buildings and supply such other information as may be required by the building inspector for determining whether the provisions of this chapter are being observed. If the proposed excavation or construction as set forth in the application are in conformity with the provisions of this chapter and other ordinances of the city then in force, the building inspector shall issue a building permit for such excavation or construction. If a building permit is refused, the building inspector shall state such refusal in writing with the cause. The issuance of a permit shall in no case be construed as waiving any provision of this chapter. A building permit shall become void six months from the date of issuance unless substantial progress has been made by the date on the project described herein.

(c)

Foundation/finished floor elevation survey. No building or structure shall be constructed beyond the foundation stage until the foundation location and associated elevations have been approved by the city. Upon construction of a foundation, the builder shall submit to the planning and codes department a lot survey prepared by a licensed surveyor that identifies the location of the foundation and all structural projections relative to the established lot lines, building setbacks and public utility and drainage easements. The survey shall also identify the finished floor elevation (FFE) for the main floor based upon the proposed flooring system to be used, and the FFE for the garage floor and the basement floor, if applicable. The FFE shall use the same vertical datum as the elevations and/or contours on the approved site plan, plat or permit. Should the survey indicate an FFE below the level shown on the approved plan or indicate any portion of the foundation outside the buildable area of the lot, the foundation must be modified to meet city standards. Where the elevation of the foundation for a transitional lot varies more than six inches from the FFE on the approved plan, a proposed correction plan must be submitted and approved by the engineering department before construction may proceed.

(d)

Certificate of occupancy. No land or building or part thereof hereafter erected or altered in its use or structure shall be used or occupied until the building inspector shall have issued a certificate of occupancy stating that such land, building, or part thereof and the proposed use thereof are found to be in conformity with the provisions of this chapter. Within three business days after notification by the permit holder that a building or premises or part thereof is deemed in compliance with applicable codes and approved plans and ready for occupancy or use, it shall be the duty of the planning and codes department and engineering department to make a final inspection thereof and to issue a certificate of occupancy if the land, building or part thereof and the proposed use thereof are found to conform with the provisions of this chapter; or, if such certificate is refused, to state such refusal in writing with the cause.

(e)

Records. A complete record of such applications, sketches and plans shall be maintained in the office of the building inspector.

(Code 1978, § 11-1702; Ord. No. 2007-12, § 3, 4-23-2007; Ord. No. 2008-08, § 6, 6-24-2008)

Editor's note— See editor's note to § 78-44.

In case any building or structure is erected, constructed, reconstructed, repaired, converted or maintained, or any building, structure or land is used in the violation of this chapter, the building inspector or any other appropriate authority, or any adjacent or neighboring property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action to prevent the occupancy or use of such building, structure or land.

(Code 1978, § 11-1703; Ord. No. 2008-08, § 6, 6-24-2008)

Editor's note— See editor's note to § 78-44.

Any person convicted of violating any provision of this chapter shall be subject to punishment as provided in section 1-9 of the Code. The failure of any person to satisfy any standard requirements or special conditions of approval imposed by the planning commission or the board of zoning appeals on any property within the city shall be considered a violation of the provisions of this chapter.

(Ord. No. 2004-41, § 1, 1-24-2005; Ord. No. 2008-08, § 6, 6-24-2008)

Editor's note— See editor's note to § 78-44.

A board of zoning appeals is hereby established in accordance with T.C.A. § 13-7-205. The board of zoning appeals shall consist of five members. They shall be appointed by the board of commissioners of the city by a majority vote of its entire membership. The term of membership shall be three years. Vacancies shall be filled for any unexpired term by the board of commissioners for the city, by a majority vote of its entire membership.

(Code 1978, § 11-1801)

Meetings of the board of zoning appeals shall be held at the call of the chairman and at such other times as the board may determine. All meetings of the board shall be open to the public. The board shall adopt rules of procedure and shall keep records of applications and action thereon, which shall be a public record. A notice of the meeting time and location at which any application is considered shall be published in a newspa-per of general circulation within the city. Parties applying for board consideration shall provide proof of notification via certified mail to all property owners within 250 feet of the boundaries of the subject property at least ten days prior to the first scheduled meeting at which the application will be considered. The presence of three members of the board shall constitute a quorum and the concurring vote of three members of the board shall be necessary to reverse or modify any order, requirement or decision of the building inspector or to decide in favor of the appellant on any matter upon which the board is required to pass and to that end the board shall have all the powers of the officer from whom the appeal is taken and it may issue or direct the issuance of a permit.

(Code 1978, § 11-1802; Ord. No. 2001-20, § 1, 11-26-2001)

Pursuant to the powers of administrative review established under subsection 78-59(a)(1), an appeal to the board of zoning appeals may be taken by any person aggrieved, or by any decision of the building inspector based in whole or in part upon the provisions of this chapter. Such appeal shall be taken by filing with the board of zoning appeals a notice of appeal, specifying the grounds therefor. The building inspector shall transmit to the board all papers constituting the record upon which the action appealed was taken. The board shall fix a reasonable time for the hearing of the appeal and decide the same within a reasonable time which shall not be more than 15 days from the date of the hearing. Upon the hearing any person or party may appear and be heard in person or by agent or by attorney. At the time of filing of any such appeal, the filing fee required by section 78-59 shall be paid.

(Code 1978, § 11-1803; Ord. No. 96-44, § 1, 12-9-96; Ord. No. 96-45, § 1, 12-9-96; Ord. No. 2001-20, § 2, 11-26-2001)

(a)

The board of zoning appeals shall have the following powers:

(1)

Administrative review. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, determination or refusal made by the building inspector or other administrative official in the carrying out or enforcement of any provision of this chapter.

(2)

Special exceptions. To hear and decide applications for special exceptions upon which the board of zoning appeals is specifically authorized to pass.

(3)

Variances. To hear and decide applications for variance from the terms of this chapter, but only where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property which at the time of the adoption of the provisions of this chapter was a lot of record; or where by reason of exceptional topographic conditions or other extraordinary or exceptional situations or condition of a piece of property the strict application of the provisions of this chapter would result in exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, provided that such relief may be granted without detriment to the public good and the intent and purpose of this chapter. Financial disadvantage to the property owner is no proof of hardship within the purpose of zoning. In granting a variance the board may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in furtherance of the purpose of this chapter. Before any variance is granted it shall be shown that circumstances are attached to the property which do not generally apply to other property in the neighborhood.

(b)

At the time of filing of an appeal or a request for a special exception or variance to be considered by the board of zoning appeals, a filing fee shall be paid as set forth below, except that the fee shall be waived for any governmental agencies.

(1)

Administrative review (to be reimbursed if administrative decision is overturned), filing fee .....$250.00

(2)

Special exceptions, filing fee .....$250.00

(3)

Variances, filing fee .....$250.00

(Code 1978, § 11-1804; Ord. No. 96-44, § 2, 12-9-96; Ord. No. 2007-28, § 1, 11-26-2007; Ord. No. 2017-06, § 4, 4-24-2017; Ord. No. 2021-16, § 5, 8-23-2021)

Where the owner of a lot consisting of one or more adjacent lots of record at the time of the adoption of the provisions of this chapter does not own sufficient land to enable him to conform to the yard or other requirements of this chapter, an application may be submitted to the board of zoning appeals for a variance from their terms, in accordance with subsection 78-59(3). Such lot may be used as a building site; provided, however, that the yard and other requirements of the district are complied with as closely as is possible in the opinion of the board of zoning appeals.

(Code 1978, § 11-1601)

The front yard requirements of this chapter for dwellings shall not apply to any lot where the average depth of existing front yards on developed lots, located within 100 feet on each side of such lot and within the same block and zoning district and fronting on the same street as such lot, is less than the minimum required front yard depth. In such case, the minimum front yard shall be the average of the existing front yard depths on the developed lots.

(Code 1978, § 11-1602)

Upon review and approval by the planning commission, freestanding poles, spires, towers, antennas and similar structures not designed for or suitable to human occupancy may exceed the height provisions of this chapter, provided they comply with all other codes and ordinances.

(Code 1978, § 11-1603)

The board of commissioners may by ordinance amend the regulations, restrictions, boundaries or any other provisions established in this chapter, provided that such amendments are consistent with state law. Any member of the board of commissioners may introduce such amendment or any official board of the city or the city manager or his designee may recommend an amendment or amendments to this chapter.

(Ord. No. 94-17, § 1(11-1901), 4-11-94)

(a)

Contents of rezoning request. Any request for a zoning district change shall be submitted to the planning director and shall include the following:

(1)

A completed request for rezoning form, which must be signed by all owners of the property, provided that if any interest in the affected property is owned by a corporate entity, limited partnership, governmental entity or nonprofit organization, such form shall be signed by a duly authorized official of such owner. The planning director shall prescribe the format of such form.

(2)

A current description of the affected property's location, boundaries and size, in sufficient detail and accuracy as determined by the planning director so as to clearly delineate the area to be rezoned.

(3)

Map and information regarding the physical characteristics of the surrounding area within at least 250 feet of the development.

(4)

A statement of the nature of the landowner's interest in any proposed development of the land and a written statement of concurrence from all parties having a beneficial interest in the affected property.

(5)

An application fee, based on the total acreage proposed for rezoning, as set forth below:

a.

Less than 25 acres - $1,000.00.

b.

At least 25 acres but less than 50 acres - $2,000.00.

c.

At least 50 acres but less than 100 acres - $3,000.00.

d.

At least 100 acres but less than 200 acres - $4,000.00.

e.

200 acres or greater - $5,000.00.

(6)

When rezoning to a residential district, a conceptual development plan showing how property could be developed under the existing zoning classification must be provided. The plan must be of sufficient detail to demonstrate that it can meet all standards of the Brentwood Municipal Code. The plan must be prepared by a registered landscape architect, or an engineer certified in the State of Tennessee, and must be submitted in a scaled, digital format acceptable to city staff. Hand drawn plans will not be accepted. If the existing zoning is not a district that allows residential uses, or the property is proposed to be annexed into the City of Brentwood and rezoned, then the conceptual development plan must be based on R-2 zoning standards.

(b)

Community meeting. The parties requesting the zoning district change shall hold a community meeting to present the particulars of the proposed rezoning, including the details of any associated development plans. The community meeting shall be held at the city's public library or municipal center, or, with the planning director's approval, at a service/institution facility with indoor meeting rooms that is located near the affected property proposed for rezoning. This meeting shall take place prior to the planning commission meeting at which the rezoning is to be considered.

(c)

Written notification to affected property owners. The parties requesting the zoning district change shall make a reasonable effort to notify all property owners within 1,000 feet of the boundaries of the property proposed for rezoning at least ten days prior to the community meeting. The notification boundary area shall be determined by the planning director or his designee. Notification shall be satisfied by the parties through evidence of delivery confirmation or proof of delivery attempt to the property owner by the U.S. Postal Service. The property owners data base used for notification shall be the latest certified tax year information available through the Williamson County Property Assessor's Office. Said notification shall include notice of the community meeting, as well as notice of the scheduled meetings of the planning commission and the board of commissioners at which the rezoning is to be considered.

(d)

Signs. Official city rezoning signs shall be posted on each street frontage of the property stating the current zoning, the requested zoning change, and dates of the community meeting and public hearing. Such signs shall be located five feet from the street right-of-way or 15 feet from the edge of the pavement and shall be a minimum of four square feet in size, with no element higher than six feet from grade. To ensure proper visibility, the planning and codes department shall place the sign. Such signs shall be erected a minimum of 15 days prior to the required community meeting by city staff and shall be removed within five days following the public hearing before the board of commissioners.

(e)

Agenda scheduling. No request for a zoning district change shall be considered by the board of commissioners until the request is deemed complete by the planning director. When an application for a zoning district change is complete, consideration of the change shall be scheduled on the agenda of the board of commissioners for first reading, provided that first reading shall be scheduled for the first meeting of any given month to allow for timely scheduling of the required community meeting. If a request for a zoning district change is deemed incomplete by the planning director, he shall notify the parties making the request of the need for additional information. Such notification shall be sent by the planning director within ten days of the submittal of an original request or amended request. Until deemed complete by the planning director, a request shall be held in abeyance and not submitted to the board of commissioners for consideration.

(f)

Timetable for consideration and approval.

(1)

After a rezoning ordinance has been officially placed on the board of commissioners agenda for consideration on first reading, the applicant shall be allowed a maximum of 120 days from that meeting date to complete the rezoning process.

(2)

After the zoning district change is officially placed on the agenda, the applicant may obtain, at any time, a deferral of consideration by the board of commissioners and/or planning commission. However, if the deferral(s) initiated by the applicant result in the rezoning process exceeding 120 days, the rezoning ordinance shall be deemed void.

(3)

If the rezoning ordinance is deemed void, any further request for a rezoning district change shall require the applicant to submit a new application for consideration on first reading, based on the latest procedural requirements and technical standards in the zoning ordinance.

(4)

The 120-day time limitation established herein shall not apply to any deferrals of consideration resulting from formal action by the board of commissioners or planning commission. If any such actions occur, the 120-day period shall be extended by the number of days during which consideration is deferred by the action of either board.

(g)

Re-submittals. A submittal of a request for a zoning district change for any property for which a rezoning was previously disapproved by the board of commissioners or voided due to deferrals shall not be accepted by the planning director for a period of six months following the last action of the board of commissioners or the date the request became void. However, the board of commissioners may, by majority vote, direct the planning director to reinitiate a rezoning ordinance at any time under the procedures set forth herein.

(h)

Correction of errors. In the event a minor error, as defined in this subsection, is discovered in the description of the location, boundaries or size of property which has been rezoned pursuant to this section, a corrected description may be substituted with the approval of the planning director. The corrected description shall thereafter serve as the basis for delineating the area which has been rezoned. An error shall be considered a "minor error" if the erroneous description and the corrected description differ by no more than one acre in total area, and any minimum amount of land required under the applicable zoning district is maintained. An error other than a minor error, as defined herein, shall require such corrective action by the board of commissioners and planning commission as deemed necessary by the city attorney.

(Ord. No. 94-17, § 1(11-1902), 4-11-94; Ord. No. 99-20, § 1, 12-27-99; Ord. No. 2000-14, § 1, 6-8-2000; Ord. No. 2004-32, §§ 1, 2, 10-25-2004; Ord. No. 2004-40, §§ 1—8, 2-28-2005; Ord. No. 2021-16, § 6, 8-23-2021; Ord. No. 2023-10, § 1, 9-25-2023)

No amendment to this chapter nor any zoning district change shall become effective unless the amendment is first submitted to the planning commission for its recommendations regarding approval or disapproval. If the planning commission recommends disapproval of an amendment, it shall require a favorable vote of the majority of the entire membership of the board of commissioners to become effective. If the planning commission does not provide a recommendation on the proposed amendment within 35 days after passage on first reading by the board of commissioners, the absence of action shall be considered as a recommendation for approval of the proposed amendment; provided, however, that a party requesting a zoning district change may waive this provision and consent to an extension of time for the planning commission's recommendation.

(Ord. No. 94-17, § 1(11-1903), 4-11-94; Ord. No. 96-23, § 2, 8-12-96)

Upon the introduction of an amendment to this chapter or request for zoning district change, the board of commissioners shall publish a notice stating the time and place set for public hearing on the proposed amendment or change in zoning districts. Such notice shall be published in a newspaper of general circulation in the city. The hearing by the board of commissioners shall take place no sooner than 15 days after the publication of a public notice.

(Ord. No. 94-17, § 1(11-1904), 4-11-94)

(a)

Contents of an annexation request. Any request for annexation shall be submitted to the planning director and shall include the following:

(1)

A completed, notarized petition for annexation, which must be signed by all owners of the property, provided that if any interest in the affected property is owned by a corporate entity, limited partnership, governmental entity or nonprofit organization, such form shall be signed by a duly authorized official of such owner. The planning and codes director shall prescribe the format of such form.

(2)

A current legal description of the affected property.

(3)

A concept development plan that complies with the technical requirements of the requested zoning district showing the property boundaries and area in sufficient detail and accuracy as determined by the planning director so as to clearly delineate the area to be annexed.

(4)

A map and information regarding the physical characteristics of the surrounding area within at least 250 feet of the development.

(5)

An application fee of $1,000.00 shall be required with the initial submittal of the petition for annexation.

(b)

Agenda scheduling. No request for annexation of property change shall be considered by the board of commissioners until the request is deemed complete by the planning and codes director. When an application for an annexation is complete, consideration shall be scheduled on the agenda of the board of commissioners for review. If a request for annexation is deemed incomplete by the planning and codes director, he shall notify the parties making the request of the need for additional information. Until deemed complete by the planning director, a request shall be held in abeyance and not submitted to the board of commissioners for consideration.

(c)

Correction of errors. In the event a minor error, as defined in this subsection, is discovered in the description of the location, boundaries or size of property which has been annexed pursuant to this section, a corrected description may be substituted with the approval of the planning and codes director. The corrected description shall thereafter serve as the basis for delineating the area which has been annexed. An error shall be considered a "minor error" if the erroneous description and the corrected description differ by no more than one acre in total area, and any minimum amount of land required under the applicable zoning district is maintained. An error other than a minor error, as defined herein, shall require such corrective action by the board of commissioners and planning commission as deemed necessary by the city attorney.

(Ord. No. 2021-16, § 7, 8-23-2021)