Johnson City City Zoning Code
Division 3
Zoning Procedure
§ 14.02.091 General.
(a)
City Council amendments.
The City Council may, on its own initiative, amend the text of this article, the zoning district boundaries of the Official Zoning Map, zoning regulations, or the zoning district classification of a property. An amendment is implemented by ordinance only.
(b)
Types.
An amendment may be initiated by:
(1)
City Council on its own motion;
(2)
Planning and Zoning Commission on recommendation to the City Council; or
(3)
The owner of the property proposed for a zoning classification change through the submittal of a Zoning Amendment Application.
(c)
Types of applications.
An owner or person may apply to amend or request a:
(1)
Change in a zoning classification (i.e., rezoning), for determination by the City Council;
(2)
Similar land use designation, for determination by the City Council;
(3)
Conditional use permit, for determination by the City Council;
(4)
Planned unit development designation, for determination by the City Council;
(5)
Variance, for determination by the ZBOA;
(6)
Nonconforming use change, for determination by the ZBOA;
(7)
Appeal of an administrative determination, for determination by the ZBOA; and
(8)
A special exception, for determination by the ZBOA.
(d)
Zoning Administrator.
The CAO or designee is designated as the Zoning Administrator for the purposes of handling administrative matters and enforcement of this article.
(e)
Fee authorized.
The City Council shall adopt and impose an application fee to defray the costs of processing any of the zoning applications under subsection (c). The fee schedule shall be included in the City's Master Fee Schedule. At the time of submittal, a zoning application shall include the required fees.
§ 14.02.092 Application process.
(a)
Application requirements.
A Zoning Amendment Application shall be submitted in accordance with the following requirements:
(1)
Authority.
An application to zone or rezone property shall be submitted to the Zoning Administrator by the owner or person with legal authority over a property.
(2)
Fee.
A nonrefundable fee is required and shall accompany an application.
(3)
Information required.
A Zoning Amendment Application shall contain sufficient information, documents, or other material relative to the zoning requested, including, but not limited to, the following:
(A)
A description of the proposed use and, where applicable, the hours of operation and the proposed number of employees/patrons;
(B)
A written statement of the compatibility of proposed uses with the following:
(i)
The City's Comprehensive Plan;
(ii)
The applicable Zoning District;
(iii)
The surrounding properties;
(iv)
Current and future neighborhood conditions;
(v)
Pedestrian and vehicular traffic patterns, both on-site and off-site; and
(vi)
Adequate public facilities;
(C)
Upon request by the City:
(i)
A site plan, if applicable;
(ii)
The architectural elevations and floor plans of proposed building(s);
(iii)
Parking and site circulation analysis;
(iv)
Photographs of the property and surrounding area; and
(D)
Additional information necessary to evaluate and analyze the Application.
(4)
Completeness.
An application must be complete prior to processing by the Zoning Administrator. An Application shall be deemed complete upon receipt by the Zoning Administrator of all required and requested information. A determination of completeness does not constitute a determination of compliance with the requirements of this article.
(5)
Withdrawal of application.
An applicant may withdraw an Application at any time prior to the public hearing(s) on an Application. An applicant may resubmit a withdrawn Application, which shall be treated as a new Application.
(6)
Concurrent rezoning.
An Application may be considered concurrently with the review of a plat application.
(b)
Zoning amendment application public hearing and notice (P&Z and City Council).
(1)
Public hearing.
A Zoning Amendment Application shall be set for public hearings before the P&Z and the City Council with notice provided in accordance with Texas Local Government Code, chapter 211.
(2)
Joint hearing.
If warranted, a joint hearing by the P&Z and the City Council on an application may be held in lieu of separate hearings.
(c)
Signs.
Weather resistant signs shall be erected on the property to advertise the zoning request.
(1)
The signs shall be provided by the City.
(2)
Signs must be placed on the property within ten feet of any property line paralleling any established or proposed street and must be visible from that street.
(3)
The applicant shall make best efforts to ensure that the required sign remains on the property until final disposition of the zoning request. The Planning and Zoning Commission and City Council may, at its discretion, hold public hearings and take action with or without the signs being present throughout the process.
(d)
P&Z hearing and review.
(1)
Hearing.
A Zoning Amendment Application shall be submitted to the P&Z for review and a public hearing.
(2)
Recommendation.
After the hearing, the P&Z may recommend approval, approval with amendments and conditions, or denial with reasons for the denial.
(3)
Forwarding.
The P&Z may recommend the establishment of conditions and restrictions on a zoning request. The recommendations shall be issued and forwarded to the City Council for action.
(e)
City Council hearing and action.
(1)
Applications considered.
A P&Z recommendation on an application for a change in zoning classification (i.e., rezoning), similar land use designation, conditional use permit, or planned unit development designation shall be forwarded to and heard by the City Council.
(2)
Hearing.
The City Council shall conduct a public hearing on an application.
(3)
Vote and action.
(A)
After the hearing, the City Council may approve, approve with conditions, or deny an application.
(B)
If the P&Z recommended denial, or if an application is protested, an affirmative vote of three-fourths (4 out of 5) of all members of the City Council is required for approval.
(i)
A protest must be in writing and signed by the owners of at least 20% of either:
a.
The area of the lots or land covered by the proposed change; or
b.
The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.
(ii)
In computing the 20% land area, streets and alleys shall be included.
(4)
Finality.
Approval of an application shall be issued in an ordinance by the City Council.
§ 14.02.093 Zoning upon annexation.
(a)
Annexed property: Property annexed into the City shall be temporarily classified as Single-Family Residential upon annexation.
(b)
The City Council shall, within six months of any annexation, initiate a permanent zoning classification.
§ 14.02.094 Successive applications.
(a)
Limitations on successive applications.
No application on the same zoning request for a property shall be permitted within one (1) year of an application denial.
