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Lamesa City Zoning Code

Division 4

Amendments

§ 14.03.151 Changes and amendments.

(a) 
Application.
Any person desiring a change in the provisions of this article or in the zoning map may make application for a change to the building inspector. The application shall be upon a form prescribed and furnished by the building inspector.
(b) 
Hearing set.
The building inspector shall consider the application and shall set a date for a public hearing on the proposed change.
(c) 
Fee.
If the application is set for public hearing by the zoning commission, the applicant shall pay a fee in the amount of two hundred and fifty dollars ($250.00) to defray publication costs and administrative expenses incurred in handling the application.
(d) 
Notice of commission hearing.
The building inspector shall give notice of the date and place of hearing to be published in a newspaper of general circulation in this city at least fifteen (15) days before the hearing. The building inspector shall also give written notice of the public hearing to be served upon all owners of property or to the person rendering the property for city taxes affected by the proposed changes of classification and to all owners of property or to the person rendering the property for city taxes within two hundred (200) feet of any property affected within ten (10) days before any hearing is held. The building inspector may serve notice by depositing it properly addressed and postage paid in the city post office.
(e) 
Final report to council.
The zoning commission shall submit to the city council a final report containing its recommendations on the proposed changes it approves.
(f) 
Review by council.
If the zoning change is denied by the zoning commission, the applicant may within ten (10) days after denial of the change by the zoning commission file a request in writing with the city secretary, requesting that the city council review the acts of the zoning commission. The city council shall conduct a public hearing upon the final report and may adopt, modify or reject the report.
(g) 
Notice of final report hearing.
Upon receipt of a final report from the zoning commission in which a change is recommended, the city secretary shall set the hearing on the report before the city council at the earliest practicable regularly scheduled city council meeting. The city secretary shall give notice of the date and place of hearing to be published in a newspaper of general circulation in this city at least fifteen (15) days before the meeting. The city secretary shall give written notice of the public hearing to be served upon all owners of property or to the person rendering the same for city taxes affected by such proposed change and to all owners of property or to the persons rendering the same for city taxes located within two hundred (200) feet of any property affected thereby not less than ten (10) days before the hearing. The city council may serve the written notice by depositing it properly addressed and postage paid in the city post office.
(1998 Code, sec. 23.051; ; Ordinance O-11-24 adopted 8/22/2024

§ 14.03.152 Approval of specific use permits.

(a) 
Application.
Upon application for a zone change, the planning and zoning commission may recommend a zone change or a specific use permit zone change. An applicant may request a specific use permit at the time of application and the commission may consider a specific use permit in lieu of a zone change.
(b) 
Public hearing required.
The city council may, after public hearing and proper notice and after recommendation by the planning and zoning commission containing such requirements and safeguards as are necessary to protect adjoining property, authorize the specific use of any property in any district.
(c) 
Site plan.
If the use proposed in a specific use permit application will require additional construction or modifications to the site, a site plan may be required by the building inspector.
(1) 
Number of copies.
The application shall be accompanied by a site plan. The plan and analysis information shall be on a single sheet; additional sheets may be used for details and perspective views.
(2) 
Site plan drawing.
The site plan shall be a line drawing clearly describing the project, and shall include adequate labeling and dimensioning of all fundamental features of the project. An appropriate title shall identify the project and its nature, and the title shall include the legal description of the property together with north point and date, and shall be drawn to engineer scale.
(3) 
Features required.
Typical features which shall be included are: property lines; right-of-way for streets, alleys, and easements; ordinance building lines; building setback lines; curblines; parkways, sidewalks; driveway openings; buildings and/or structures; open space, the number and size of parking spaces; street; street names; section lines; building heights in feet and stories; size and height of signs; garbage collection facilities including necessary easements; service areas; visual screening; and landscaping.
(4) 
Time of submittal.
The site plan shall be submitted at the time the application for zone change or specific use permit is made. If a site plan is conditionally approved by the planning and zoning commission a corrected site plan shall be filed with the city inspector not less than ten (10) days after the commission’s action.
(e) 
Planning and zoning commission recommendation.
Before recommending that a specific use permit for the premises under consideration be granted, the planning and zoning commission shall determine that such uses are harmonious with and adaptable to buildings, structures, and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking and protective screening and open space.
(f) 
Permit is an amendment to the zoning ordinance.
Every specific use permit granted under these provisions shall be considered as an amendment to the zoning ordinance as applicable to such property under consideration. In granting such permit, the city council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the city inspector for the use of the building on such property pursuant to such specific use permit; such conditions shall not be construed as conditions precedent to the granting of a specific use permit, or the change in zoning of such property, but shall be construed as conditions precedent to the granting of the certificate of occupancy.
(g) 
Agreement in writing.
No specific use permit shall be granted unless the applicant, owner and grantee of the specific use permit shall in writing accept and agree to be bound by and comply with the terms of the specific use permit, in such form as may be approved and provided by the city zoning commission.
(h) 
Building permit.
A building permit shall be applied for and secured within twenty-four (24) months from the time of granting of the specific use permit.
(i) 
Board of adjustment.
The board of adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such specific use permits.
(j) 
Zoning map.
When the city council authorizes granting of a specific use permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditions and limited uses.
(k) 
Suit for abatement.
Suit for abatement of any violation may be filed in any court of competent jurisdiction in Dawson County, Texas.
(1998 Code, sec. 23.052)

§ 14.03.153 Appeals and variances.

Any person desiring a special exception or aggrieved or by any officer, department, board, or bureau of the municipality [or] affected by any zoning decision of an administrative officer may make an appeal to the board of adjustment as provided in section 14.02.006 of this code.
(1998 Code, sec. 23.053)