Public Hearing Before The Planning And Zoning Commission

After public notice has been given pursuant to Section 24-4, a public hearing shall be held by the Planning and Zoning Commission on any proposed change in zoning classification as well as any proposed amendment to the zoning regulations of any zoning district.

The Planning and Zoning Commission shall first make a preliminary report and then hold its public hearings on that report before submitting a final report to the Town Council.

When the zoning change request is by petition, the preliminary report shall be the request as stated in the notice of public hearing. When the Planning and Zoning Commission makes a study and initiates a change or amendment on its own motion, or at the request of the Town Council, the preliminary report shall be that stated in the notice of public hearing. Upon completion of the public hearing the Planning and Zoning Commission shall submit its final report and recommendation to the Town Council.

When all public input has been received the public input portion of the hearing shall be closed. Thereafter, the Commission shall consider the matter and make its recommendation to the Town Council in the form of a final report. After the public input portion of the public hearing has been closed the public may not thereafter be recognized for the purpose of adding additional argument or input, however, the Commission may ask questions of any person and receive additional information in response to questions. After public input has been closed and the Commission has no further questions, a motion should be made to close the public hearing. Thereafter the Commission may deliberate and vote on its final report to the Town Council which shall be in the form of a recommendation.

Public Hearing Before The Town Council

The Town Council, except in the case of a joint public hearing, may not hold its public hearing until it receives a final report from the Planning and Zoning Commission and even in the case of a joint public hearing may not take action on the matter until it receives the final report of the Planning and Zoning Commission.

After proper notice by publication pursuant to Section 24-4, the Council opens the public hearing and usually calls upon staff to summarize the proposed zoning change or amendment. This is usually followed by the applicant's presentation. The Council then opens the public input portion of the public hearing. When all public input has been received the public input portion of the hearing shall be closed. After the public input portion of the public hearing has been closed the public may not thereafter be recognized for the purpose of adding additional argument or input, however, the Council may ask questions of any person and receive additional information in response to questions. When the Council has no further questions, a motion should be made to close the public hearing. Thereafter the Council may deliberate and take appropriate action.

The Town Council usually acts on a zoning change or amendment by following a two step process.

The Joint Public Hearing

The Planning and Zoning Commission and the Town Council are hereby authorized to hold joint public hearings. If a joint public hearing is called the Planning and Zoning Commission and the Town Council shall hear all matters jointly. When all public input has been received the public input portion of the hearing shall be closed. Thereafter, the Commission shall consider the matter and make its recommendation to the Town Council in the form of a final report. After receiving the final report the Town Council shall consider the matter and take any appropriate action. Although the public input portion of the hearing is closed, the public hearing continues until the public hearing is closed by the Town Council. The Town Council may not continue with the public hearing or take action on the matter until it receives the final report of the Planning and Zoning Commission.

If the Commission makes its report/recommendation at the same meeting the Council may then proceed, keeping in mind that the public input portion of the hearing has been closed. If either the Commission or the Council fails to conclude the matter at the first meeting the public hearing portion of the meeting shall be recessed and continued to a certain date and time that shall be announced to all those attending the meeting.

Notice Of Public Hearing Before The Planning And Zoning Commission

Before the 10th day before the hearing date, written notice of each public hearing before the zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. The notice may be served by its deposit, properly addressed with postage paid, in the United States mail. If the property within 200 feet of the property on which the change is proposed is located in territory annexed to the municipality and is not included on the most recently approved municipal tax roll, the notice shall be given by publication published in the official newspaper at least 15 days before the date of the hearing.

Notice Of Public Hearing Before The Town Council

Notice of the public hearing to be held by the Town Council, before adopting any proposed amendment, supplement or change, shall be published once in the official newspaper of the Town at least fifteen (15) days before the date of the hearing.

Notice Of Public Hearing For Joint Public Hearing

Where the public hearing is to be a Joint Public hearing before the Planning and Zoning Commission and the Town Council, the joint notice shall be mailed in time to give each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed, 10 days notice, and the joint notice shall be published at least 15 days before the date of the hearing in the official newspaper of the Town.

Signage Required For Zoning Changes

Any person who seeks, files or submits an application for a change in a zoning classification shall, at said applicant's expense, place at least one sign on the property which is the subject of the application. Such sign shall be in black or dark lettering on a white or light background, must state "Zoning Change Requested, Town of Double Oak" and must bear the current telephone number and area code of the Town Hall. The sign shall also identify the current zoning district on the property and the classification sought by the zoning change. It shall be sufficient to identify the abbreviated zoning district classifications set forth in Section 3-1 of the Comprehensive Zoning Ordinance. The sign shall be not less than four feet by two feet in size, not less than three feet in height, and must be posted on the property fifteen feet from the property line, facing the street frontage of the property. The sign and lettering thereon must be of sufficient size and type to be conspicuous and plainly visible. The sign placement must be conspicuous and sufficiently legible so as to be seen by any ordinarily observant person traveling upon the fronting public street. Where a property fronts two or more public streets, signs shall be posted facing each of the public streets. All signs shall be approved by the Town Secretary prior to posting.

The signage required herein shall be posted within ten (10) days after the filing of the zoning change application with the Commission. The failure of an applicant to properly post or place the signage required herein shall of itself be a sufficient basis to deny or, where appropriate, recommend denial of the requested change in zoning classification but in no event shall such failure serve to invalidate, annul, negate, repeal or otherwise impair the validity of any ordinance adopted hereunder.