Glenn Heights City Zoning Code
ARTICLE V
PRIMARY ZONING REGULATIONS
§ 1 PRIMARY ZONING REGULATIONS
V.1.1
Temporary Zoning - Annexed Territory -
All territory hereinafter annexed to the City of Glenn Heights shall be temporarily classified as “A”, Agricultural District, until permanent zoning is established by the City Council of the City of Glenn Heights. As soon as practical following annexation, but in no event more than one hundred and eighty (180) calendar days thereafter, the City Council shall, on its own motion or by property owners of the annexed area, initiate proceedings to formally and legislatively establish Agricultural (“A”) zoning on the newly annexed territory, thereupon the City Manager or his/her designee shall commence public notification and other standard procedures for establishing permanent zoning on annexed territory which shall conform to Section IX.2.1 of this Ordinance. Said proceedings to establish zoning may be undertaken concurrently with annexation procedures (i.e., notified at the same time, public hearings scheduled at the same time as annexation, etc.), however zoning approval and formal adoption of the ordinance establishing zoning must occur after annexation approval and adoption have occurred, and as a separate and distinct action by the City Council.
A.
The initial zoning of a land parcel, whether it is interim in nature, by initiation of the landowner or by initiation of the City, must meet the requirements for notification and public hearings as set forth in Section IV.1.7 of this Ordinance and all other applicable State laws.
B.
The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of the petition for annexation, but no such annexation application may be made conditioned upon the approval of any particular zoning classification.
C.
In an area temporarily classified as “A”, Agricultural District:
1.
No person shall erect, construct, proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the City of Glenn Heights without first applying for and obtaining a Building Permit or Certificate of Occupancy from the Building Official or the City Council, as may be required.
2.
No permit for the construction of a building or use of land shall be issued by the Building Official or his/her designee other than a permit which will allow the construction of a building or use permitted in the “A”, Agricultural District, unless and until such territory has been classified in a zoning district other than the “A”, Agricultural District, by the City Council in the manner prescribed by law except as provided in Subsection C. [3.] below.
3.
If plans and preparations for developing a property for a use other than those specified in the “A” district were already in progress prior to annexation of the property into the City of Glenn Heights, then the City Council may, at its discretion, authorize construction of the project by a majority vote. Application of this Subsection is contingent upon the following:
a.
An application for a building permit for the proposed building or use must be made to the Building Official of the City of Glenn Heights or his/her designee within three (3) months (i.e., within 90 calendar days) after annexation of the property into the City; and
b.
The applicant must be able to demonstrate that plans and other preparations for developing the property commenced prior to (i.e., were already in progress at the time of) annexation into the City; and
c.
In its deliberations concerning authorization to proceed with construction of a project which meets the above criteria, the City Council shall take into consideration the appropriate land use for the area as shown on the City’s Future Land Use Plan. Upon approval by the City Council, the City Manager or his/her designee shall notify the Building Official or his/her designee of such approval.
V.1.2
Creation of Building Site -
No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract, or building lot has been created by compliance with one of the following conditions:
A.
The lot or tract is part of a plat of record, property [properly] approved by the Planning and Zoning Commission and City Council, and filed in the Plat Record of the County in which the property is located.
B.
The plot, tract, or lot faces upon a dedicated street and was separately owned prior to the effective date of this Ordinance or prior to annexation into the City of Glenn Heights whichever is applicable, in which event a building permit for only one main building conforming to all the requirements of this Ordinance may be issued on each such original separately owned parcel without first complying with Subsection A, preceding.
C.
The plot or tract is all or part of a Site Plan, if required, officially approved by the City Council, and compliance has been made with provisions and improvements approved on such Site Plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land.
D.
No building hereafter erected, converted or structurally altered shall be used or occupied until a Certificate of Occupancy has been issued by the Building Official which signifies compliance to the appropriate Zoning District.
V.1.3
Platting Property Not Permanently Zoned
The Planning and Zoning Commission of the City of Glenn Heights shall not consider any Plat of any subdivision within the City Limits of the City of Glenn Heights until the area covered by the proposed Plat shall have been zoned by the City Council of the City of Glenn Heights.
(Ordinance O-03-09 adopted 4/20/09)