1. Voluntary Annexation. All applications for voluntary annexation of land to the City shall, in addition to the necessary requirements for annexation, designate the zoning classification which the applicant wishes for his/her property. Upon receipt thereof, the application shall be referred to the Planning and Zoning Commission for recommendations on both the annexation and the requested zoning. The Planning and Zoning Commission shall have the same time periods for its consideration as in any rezoning matter. The Commission may recommend approval of the requested zoning or the denial thereof. In the event the Commission recommends denial, it shall make an additional recommendation as to what zoning classification it recommends. A copy of its report shall be forwarded to the applicant and shall be on the agenda for the next meeting of the City Council. The Council shall set the zoning matter for public hearing, prescribing the same notice requirements as for a rezoning application and shall specify the zoning classification recommended by the Commission. If the Council approves the zoning classification recommended by the Commission, it shall be set by ordinance. A zoning classification other than that recommended by the Commission shall not become effective except by the favorable vote of three-fourths (3/4) of the members of the Council; and an application for voluntary annexation not recommended by the Planning and Zoning Commission shall not become effective unless approved by a favorable vote of 3/4 of the members of the Council. The resolution providing for annexation shall be acted upon by the City Council at the time the Council takes action on the zoning classification. In the event an applicant does not designate a zoning classification in the application for voluntary annexation, no public hearing shall be required and the property may be annexed and shall be classified in the ID zone and shall be subject to all provisions of the Zoning Ordinance.
2. Involuntary Annexation. Whenever, after public hearing thereon, the Council determines that involuntary annexation proceedings should be undertaken against the lands to be annexed, the matter shall be referred to the Planning and Zoning Commission for its recommendation as to the zoning of said lands. Upon receipt of said recommendations, the City Council shall set the zoning classification for a public hearing, prescribing the same notice requirements as for rezoning application and specifying the zoning classifications recommended by the Commission. If the Council approves the zoning classifications recommended by the Commission, it shall adopt an ordinance setting forth the various zoning classifications for said lands. The Council may approve a higher or more restrictive classification for all or any part of the lands to be annexed than recommended by the Planning and Zoning Commission. However, prior to approval of any lower or less restrictive classification, the Council must send the matter back to the Commission for its recommendation on the lower classification. In the event the matter is returned to the Commission subsequent to the public hearing, a new public hearing shall be held thereon after the Commission forwards its report and recommendation to the Council. If the Commission recommends against the lower classification, it shall not become effective except by a favorable vote of three-fourths (3/4) of the members of the Council.
Clear Lake City Zoning Code
165.51 ANNEXATION
1. Voluntary Annexation. All applications for voluntary annexation of land to the City shall, in addition to the necessary requirements for annexation, designate the zoning classification which the applicant wishes for his/her property. Upon receipt thereof, the application shall be referred to the Planning and Zoning Commission for recommendations on both the annexation and the requested zoning. The Planning and Zoning Commission shall have the same time periods for its consideration as in any rezoning matter. The Commission may recommend approval of the requested zoning or the denial thereof. In the event the Commission recommends denial, it shall make an additional recommendation as to what zoning classification it recommends. A copy of its report shall be forwarded to the applicant and shall be on the agenda for the next meeting of the City Council. The Council shall set the zoning matter for public hearing, prescribing the same notice requirements as for a rezoning application and shall specify the zoning classification recommended by the Commission. If the Council approves the zoning classification recommended by the Commission, it shall be set by ordinance. A zoning classification other than that recommended by the Commission shall not become effective except by the favorable vote of three-fourths (3/4) of the members of the Council; and an application for voluntary annexation not recommended by the Planning and Zoning Commission shall not become effective unless approved by a favorable vote of 3/4 of the members of the Council. The resolution providing for annexation shall be acted upon by the City Council at the time the Council takes action on the zoning classification. In the event an applicant does not designate a zoning classification in the application for voluntary annexation, no public hearing shall be required and the property may be annexed and shall be classified in the ID zone and shall be subject to all provisions of the Zoning Ordinance.
2. Involuntary Annexation. Whenever, after public hearing thereon, the Council determines that involuntary annexation proceedings should be undertaken against the lands to be annexed, the matter shall be referred to the Planning and Zoning Commission for its recommendation as to the zoning of said lands. Upon receipt of said recommendations, the City Council shall set the zoning classification for a public hearing, prescribing the same notice requirements as for rezoning application and specifying the zoning classifications recommended by the Commission. If the Council approves the zoning classifications recommended by the Commission, it shall adopt an ordinance setting forth the various zoning classifications for said lands. The Council may approve a higher or more restrictive classification for all or any part of the lands to be annexed than recommended by the Planning and Zoning Commission. However, prior to approval of any lower or less restrictive classification, the Council must send the matter back to the Commission for its recommendation on the lower classification. In the event the matter is returned to the Commission subsequent to the public hearing, a new public hearing shall be held thereon after the Commission forwards its report and recommendation to the Council. If the Commission recommends against the lower classification, it shall not become effective except by a favorable vote of three-fourths (3/4) of the members of the Council.