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Littlefield City Zoning Code

ARTICLE 7

PUBLIC NOTICE AND APPLICATION REQUIREMENTS

§ 7.01 Application Conference.

An applicant for development approval may request pre-application conference with the City Manager. Prior to the conference, the applicant shall provide a description of the character, location and magnitude of the proposed development. The purpose of this meeting is to acquaint the participants with the requirements of this Zoning Ordinance and the views and concerns of the City.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)

§ 7.02 Procedures Requiring Public Notice.

1. 
Application Forms.
Every application for development approval shall be in a form specified by the City Manager.
2. 
Standard Application Submission Cycle.
Applications that will be reviewed by the Planning and Zoning Commission or the Zoning Board of Adjustment must be filed at least 21 days in advance of the scheduled public hearing, in order to allow adequate time for staff review and preparation of a staff report and publication of notice.
3. 
Application Fees:
a) 
No application shall be processed until the established fee has been paid. This nonrefundable fee shall be established from time to time by the City Council to defray the actual cost of processing the application and providing public notice. The fee at the time of creation of this ordinance is $100.00.
b) 
No application fee shall be required when a text or map amendment is proposed by the City Manager, City Council or Planning and Zoning Commission.
4. 
Completeness of Application.
No application shall be processed until it has been deemed complete by the City Manager. The City Manager shall have 5 working days following the submission of the application to determine its completeness. If the application is deemed incomplete, the City Manager shall forward a letter to the applicant specifying the application’s deficiencies, and no further review of the application shall proceed until the deficiencies are corrected. If the deficiencies are not corrected by the application deadline date, the application shall not be scheduled for public hearing.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)

§ 7.03 Notice of Public Hearings; Planning and Zoning Commission.

Whenever the provisions of this Zoning Ordinance require a public hearing before the Planning and Zoning Commission, Zoning Board of Adjustment or the Littlefield City Council, notice shall be published in a newspaper of general circulation in the City of Littlefield at least 15 days prior to the date of the hearing, excluding the day of the hearing and the day of the publication.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)

§ 7.04 Mailed Notice of Public Hearing.

1. 
General.
Prior to the meeting of the Planning and Zoning Commission or the Zoning Board of Adjustment a notice of public hearings shall also be sent by mail to owners of real property within at least 200 feet of the lot or parcel lines of the land that is the subject of the application. Owners of real property shall be identified by reference to the most recent tax records. Notice shall be deemed mailed by virtue of its deposit with the United States Postal Service, properly addressed with postage prepaid.
2. 
Mailed notice shall be deposited in the U.S. Mail before the 10th day before the date of the public hearing.
3. 
In addition to the mailed notice in 1 and 2 above, a notice shall be posted to the City of Littlefield website and a location at City Hall available to the general public before the 10th day of a hearing.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)

§ 7.05 Content of Published and Mailed Notice.

Published and mailed notices shall provide at least the following information:
a. 
The general location of the land that is the subject of the application;
b. 
A summary of the subject property’s legal description by plat or metes and bounds and/or a street address, if available, or other locative information;
c. 
The substance of the application;
d. 
The time, date and location of the public hearing;
e. 
A contact person at the City and their telephone number; and
f. 
A statement that interested parties may appear at the public hearing and be heard with respect to the application.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)

§ 7.06 Continuation of Public Hearings.

A public hearing for which proper notice was given may be continued within the stated meeting [of the] Planning and Zoning Commission that contains the public hearing agenda item to a later date without complying again with the notice provisions above, provided that the continuance is set for a date and time certain announced at the public hearing, to the extent allowed by and consistent with the Texas Open Meetings Act, as amended.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)

§ 7.07 Postponement of Public Hearing/Withdrawal of Application.

a. 
An applicant may withdraw an application or request at any time prior to a vote by the body before whom a matter is pending. Such withdrawal shall be in writing to the City Manager and effective upon delivery. If the City Manager does not timely receive such notification, the case will proceed as scheduled. The appropriate municipal board, commission or council is then authorized to take action on the case, after the scheduled hearing. An applicant may not again file any request or application seeking the same or substantially the same relief as was sought in the withdrawn matter, until after 180 days have lapsed from date of withdrawal.
b. 
After public hearing on any matter within the scope of this Zoning Ordinance, the appropriate municipal board, commission or council hearing such matter may defer action on it by delay to date certain or tabling the item during the posted meeting, for a period of time necessary to gather additional information.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)

§ 7.08 Rehearing.

The Planning and Zoning Commission will not hear a request for amendment to the Official Zoning Map, for any parcel within a zone case that is denied by the Planning and Zoning Commission and/or the City Council for the same purpose on the same tract of land within one year following the final decision on any previous such request unless:
a. 
The Planning and Zoning Commission is specifically directed by majority vote of the City Council to re-hear the subsequent request after due consideration within a posted City Council action item on a regular or special agenda; or
b. 
The subsequent request is for more restrictive zoning; or
c. 
The zoning classification of other nearby properties in the immediate vicinity has changed, thus creating “changed circumstances” in the opinion of the Planning and Zoning Commission.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)