Johnson City City Zoning Code
ARTICLE IV
ZONING APPLICATIONS AND AMENDMENTS
§ 4-1 Initiation of zoning amendments and changes.
The City Council may, from time to time, amend, supplement, or change by ordinance, the text of the zoning ordinance, the zoning district boundaries of the official zoning map or the zoning district classification of property whenever the public necessity, convenience, general welfare or good zoning practice requires. Any such amendment may be initiated by:
(1)
City Council on its own motion;
(2)
Recommendation by the Planning and Zoning Commission to the City Council;
(3)
Petition of the owner, contract purchaser with the owner's written consent or the owner's agent with owner's written consent, of the property which is the subject of the proposed amendment via a zoning amendment application;
(4)
Any person who may petition the City Council for a change or amendment to the provisions of this ordinance via a zoning amendment application.
(Ordinance 16-0303 adopted 2/1/16)
§ 4-2 Requirements for zoning amendment application.
(a)
Each application for zoning or for an amendment or change to the existing provisions of this ordinance shall be made in writing on a form suitable to the zoning administrator and shall be filed with the zoning administrator of the city and shall be accompanied by payment of the appropriate fee to be charged by the city, for administering the zoning application. The zoning application shall contain sufficient information relative to the amendment requested. To ensure the submission of adequate information, the zoning administrator is empowered to maintain and distribute a list of specific requirements for zoning applications. Upon periodic review, the zoning administrator shall have the authority to update such requirements for zoning application details.
(b)
Upon receipt of a complete written application for zoning or for a change or an amendment to an existing provision of this ordinance, the zoning administrator will set a date for a public hearing before the Planning and Zoning Commission.
(c)
In accordance with Chapter 211 of the Texas Local Government Code, as amended, before the 10th day before the public hearing, written notice of each public hearing before the Planning and 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 in the municipality, properly addressed with postage paid, in the United States mail. When any amendment relates to a change of a zoning regulation or to the general text of this ordinance, notice of the public hearing of the Planning and Zoning Commission shall be given by publication in a newspaper of general circulation in the city before the 15th day before the date of the hearing, without the necessity of notifying property owners by mail. The notice shall state the time and place of the hearing and the nature of the subject to be considered.
(d)
The Planning and Zoning Commission shall hold a public hearing on any application for any amendments or change prior to making its recommendation and report to the City Council. The Planning and Zoning Commission may establish such regulations and restrictions regarding the presentation of a zoning case at the public hearing as it may deem necessary.
(e)
Following the public hearing, the Planning and Zoning Commission may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application. When an application is denied by the Planning and Zoning Commission, the commission should offer reasons to the applicant for such denial.
(f)
After a public hearing before the Planning and Zoning Commission, the City Council shall be notified of any action taken by the Planning and Zoning Commission on the application, and if the application is approved, including denials in part, by the Planning and Zoning Commission, it shall automatically be scheduled for a public hearing to be held before the City Council.
(g)
A public hearing shall be held by the City Council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication in a newspaper of general circulation in the city stating the time and place of such hearing, which time shall not be earlier than 15 days from the date of publication. The Planning and Zoning Commission and City Council may hold a joint meeting.
(h)
After a public hearing is held before the City Council regarding the zoning application, the City Council may approve a change in zoning as appropriate within the context of the public notice provided. If the proposed amendment, supplement or change fails to receive a favorable report and recommendation by the Planning and Zoning Commission or if there is a protest filed with the city against such proposed amendment, supplement or change, duly signed by the owners of 20 percent (20%) or more of either:
(1)
the area of the lots or land covered by the proposed change; or
(2)
the area of the lots on land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.
Such proposed amendment, supplement or change shall not become effective except by a three-fourths (3/4) vote of all the members of the City Council. |
(i)
If the City Council fails to pass an ordinance approving such proposed amendment, supplement or change, then in that event a new application for such proposed amendment, supplement or change to the zoning ordinance shall not again be considered until after the expiration of six months from the date such proposed amendment, supplement or change was rejected; provided, however, that such application may be reconsidered within the above-mentioned six-month period, if it is shown to the city that a substantial change in conditions has taken place in the vicinity of the property sought to be rezoned.
(j)
Any owner of property that has been changed by this ordinance to a more restricted zone may, within (90) days from the final passage of the ordinance from which this ordinance is derived, apply for and receive a building permit for the construction of any use that was permitted in said zone prior to the adoption of the ordinance from which this ordinance is derived. A permit shall issue if the plans and construction have been approved prior to the zoning change.
(Ordinance 16-0303 adopted 2/1/16)
§ 4-3 Conditional use permits.
Conditional use permits are authorized under the terms of this article to provide for certain uses which cannot be well adjusted to their environment in particular locations, with full protection offered to surrounding properties by the application of the underlying zoning district regulations. Further, conditional permit uses are those uses which, if not specially regulated, can have an undue impact on or be incompatible with other uses of land within or adjacent to a given zoning district. Upon the granting of a conditional use permit by City Council, these uses may be allowed to be located or expanded within given designated zoning districts under the standards, controls, limitations, performance criteria, restrictions and other regulations of this ordinance.
(a)
All applications for conditional use permits shall be reviewed using the following criteria:
(1)
The proposed use shall be:
(A)
In harmony with the adopted comprehensive plan;
(B)
In harmony with the intent and purpose of the zoning district in which the use is proposed to be located; and
(C)
In harmony with the character of adjacent properties and the surrounding neighborhoods and also with existing and proposed development.
(2)
The proposed use shall be adequately served by essential public services such as streets, drainage facilities, fire protection and public water and sewer facilities.
(3)
The proposed use shall not result in the destruction, loss or damage of any feature determined to be of significant ecological, scenic or historic importance.
(4)
The proposed use shall be designated, sited and landscaped so that the use will not hinder or discourage the appropriate development or use of adjacent properties and surrounding neighborhoods.
(b)
In granting any conditional use permit, the City Council may impose any conditions necessary to assure that the proposed use will conform to the requirements of this section and will continue to do so. The City Council may take all necessary actions to ensure compliance with the conditions imposed.
(1)
The City Council may impose reasonable standards as deemed necessary to protect the public interest and welfare. Such standards may include, but need not be limited to:
(A)
More restrictive sign standards.
(B)
Additional open space, landscaping or screening requirements.
(C)
Additional yard requirements.
(D)
Special lighting requirements.
(E)
Time limitations on hours of operation.
(F)
Additional off-street parking and loading requirements.
(G)
Additional utility, drainage and public facility requirements.
(H)
Additional right-of-way and public access requirements.
(I)
Additional requirements to ensure compatibility with the comprehensive plan.
(J)
Conditions for renewal, extension, expiration and/or revocation of the conditional use permit.
(2)
The City Council may specify time limits or expiration dates for a conditional use permit, including provisions for periodic review and renewal.
(c)
Application requirements for a conditional use permit are as follows:
(1)
An application for a conditional use permit shall be made by the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property on which the proposed use is to be located. The application shall be submitted to the zoning administrator, and shall be accompanied by the filing fee.
(2)
If the request for a conditional use permit has been denied by the City Council, a request in substantially the same form shall not be resubmitted within one year of the date of denial.
(3)
The application shall include the following information:
(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 proposed use's compatibility with the following:
(i)
The comprehensive plan.
(ii)
The applicable zoning district.
(iii)
The surrounding properties.
(iv)
Current and future neighborhood conditions.
(v)
Pedestrian and vehicular traffic patterns, on-site and off-site.
(vi)
Adequate public facilities.
(vii)
When requested by the zoning administrator, the Planning and Zoning Commission or the City Council, the following information shall be provided by the applicant:
(d)
Action by the Planning and Zoning Commission and City Council is as follows:
(1)
No conditional use permit shall be approved unless the proposal has been reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission shall conduct at least one public hearing in accordance with this article. Following the public hearing, the Planning and Zoning Commission shall prepare, and by motion adopt, its recommendations, which may include changes in the applicant's original proposal resulting from the hearing, and shall report such recommendations, together with any explanatory material, to the City Council.
(2)
Before approving a conditional use permit, the City Council shall hold at least one public hearing in accordance with this article after which the City Council may make appropriate changes to or impose appropriate conditions upon the proposed conditional use. Nothing herein shall preclude the City Council from holding a joint public hearing with the Planning and Zoning Commission.
(3)
A concurring vote of a majority of the members of City Council shall be required to approve a conditional use permit.
(e)
Extension, renewal, expiration, revocation:
(1)
Extension.
(A)
An extension shall be for the purpose of administratively extending timeframes established by the City Council for the implementation and/or completion of certain improvements which were stipulated as a condition of original conditional use permit approval. A request for extension may be initiated by the property owner.
(B)
Upon initiation of property owner's request for extension, or upon any other initiative, the zoning administrator shall inspect the conditional use permit, review the record of compliance with those conditions and restrictions previously imposed by the City Council, and make a determination on whether the conditional use permit satisfies other conditions of approval and the provisions of this ordinance.
(C)
Upon a favorable finding, the zoning administrator shall approve an extension of the original conditional use permit for a period of time not to exceed one year or for such timeframe as may have been otherwise specified for future extension by the City Council at the time of approval of the original conditional use permit.
(D)
If it is determined that the use is not in compliance with all conditions and restrictions previously imposed by the City Council, the zoning administrator shall, depending on the nature of the noncompliance, either deny the extension or require the remedy of any violation within a specified time. If the extension is denied or the property owner fails to correct the violation within the time specified, the conditional use permit shall expire. The approval of a new conditional use permit shall be required prior to any subsequent reinstatement of the use.
(2)
Renewal.
(A)
A renewal shall be for the purpose of allowing a new period of time for the operation of a currently valid conditional use permit; provided, however, that the City Council shall not approve a renewal application for a use which is no longer allowed as a conditional use permit in the zoning district in which the conditional use permit is located.
(B)
The procedure for the renewal of a conditional use permit shall be the same as specified herein for the approval of the original permit, except that the zoning administrator may waive any submission requirement if such requirement is deemed not necessary for an adequate review of the application.
(C)
The City Council shall review the applicant's record of compliance with those conditions and restrictions previously imposed and determine if the use still satisfies the provisions of this ordinance.
(D)
Any conditional use permit that is not renewed prior to the established time shall expire without notice and become null and void.
(3)
Expiration.
(A)
Whenever a conditional use permit is approved by the City Council, the conditional use authorized shall be established, or any construction authorized shall be commenced and diligently pursued, within such time as the City Council may have specified, or, if no such time has been specified, then within two years from the approval date of such permit.
(B)
If the conditional use or construction has not commenced in accordance with the above provisions, then the conditional use permit shall automatically expire without notice and become null and void.
(4)
Revocation.
(A)
Unless a time limit is specified for a conditional use permit, the same shall be valid for an indefinite period of time, except that if the use or activity should cease for any reason for a continuous period of two years or more, the conditional use permit shall automatically terminate without notice and become null and void.
(B)
The approval of a new conditional use permit shall be required prior to any subsequent reinstatement of the use.
(C)
A conditional use permit shall be revocable upon written order of the City Council at any time because of the failure of the owner or operator of the use covered by the permit to observe all requirements with respect to the maintenance and conduct of the use and all conditions in connection with the permit that were imposed in issuing the same. A revoked permit shall become null and void.
(Ordinance 16-0303 adopted 2/1/16)
§ 4-4 Nonconforming uses.
The purpose of this section is to regulate and limit the development and continued existence of uses, structures and lots established prior to the effective date of the ordinance from which this ordinance is derived, which do not conform to the requirements of this ordinance. Certain nonconformities may continue, but the provisions of this article are intended to curtail substantial investment in nonconformities and to bring about their eventual improvement to a conforming status or elimination in order to preserve the integrity of this ordinance and the desired character of the city.
(a)
Conditions for continuation.
Any nonconforming use, structure or lot which lawfully existed as of the effective date of the ordinance from which this ordinance is derived and which remains nonconforming, and any use, structure or lot which has become nonconforming as a result of the adoption of the ordinance from which this ordinance is derived or any subsequent reclassification of zoning districts or other amendment to this ordinance, may be continued or maintained only in accordance with the terms of this article.
(b)
Special exceptions.
The limitations of this article shall not apply to structures or lots whose nonconforming features are the subject of a special exception that has been granted by the Board of Adjustment or a modification or condition that was approved by the City Council.
(c)
Changes, discontinuation and expansion of nonconforming uses.
(1)
If no structural alterations are made to a nonconforming use of land or building, a nonconforming use of land or of a building may be changed to another nonconforming use of the same classification. Whenever a nonconforming use of land or buildings has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.
(2)
Except as provided herein, a nonconforming use shall not be expanded or extended beyond the floor area or lot area it occupied on the effective date of the ordinance from which this ordinance is derived.
(3)
If a nonconforming use is discontinued or abandoned for a continuous period of more than two years, including any period of discontinuation before the effective date of the ordinance from which this ordinance is derived, then that use shall not be renewed or reestablished and any subsequent use of the lot or structure shall conform to the regulations of this ordinance.
(Ordinance 16-0303 adopted 2/1/16; Ordinance 19-0401, att. A, sec. B, adopted 5/3/19)