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Littlefield City Zoning Code

ARTICLE 9

PLANNING AND ZONING COMMISSION, DUTIES, PROCEDURES AND APPLICATION PROCESS

§ 9.01 Amendments to Zoning Ordinance or Official Zoning Map.

a) 
Who May File.
An application for a zone change shall be submitted by the owner or agent authorized by affidavit to act on the owner’s behalf, unless initiated by City officials ordinarily authorized to initiate amendments to the zoning map.
1. 
A person, firm or corporation that, together or separately, is an owner of the subject property.
2. 
An authorized representative of such a person, firm or corporation. A notarized affidavit shall be required from the property owner designating such a representative.
3. 
The City Council or Planning and Zoning Commission acting of its own volition or at petition of the public. A resolution to initiate the amendment process shall appear in the minutes of the official body initiating the request.
4. 
The City Manager, acting in his/her capacity as technical advisor to the Planning and Zoning Commission.
b) 
Text Amendment.
An application for amendment of the text of this Zoning Ordinance may be filed by the City Manager, Planning and Zoning Commission or City Council. Any citizen may petition the Planning and Zoning Commission, as a whole, to initiate an application for amendment to the text of this Zoning Ordinance.
c) 
Map Amendment.
An application for an amendment of the Official Zoning Map (including any amendment required by other procedures in this Article) shall only be filed by the persons listed above in subsection a).
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)

§ 9.02 Submission of Application.

A complete application for amendment to the text of this Zoning Ordinance or the Official Zoning Map shall be submitted to the City Manager, along with the appropriate fee.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)

§ 9.03 Review by City Manager.

After determining that the application is complete, the City Manager shall place the request on a meeting agenda of the Planning and Zoning Commission.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)

§ 9.04 Hearing and Recommendation by Planning and Zoning Commission.

a) 
The Planning and Zoning Commission shall, after required notice, conduct a public hearing on each request for an amendment of the Official Zoning Map. Any citizen may request the Planning and Zoning Commission, to rezone a tract of land, to amend the zoning map, or to amend the text of this Zoning Ordinance. The Planning and Zoning Commission shall then have the prerogative of deciding whether to conduct a hearing on any such proposed amendment. If a hearing on a proposed text amendment is not scheduled in advance by the City Manager, the Planning and Zoning Commission may resolve to schedule such a hearing. Regardless of whether a hearing is scheduled by the City Manager or by resolution of the Commission, no hearing on a proposed text amendment shall be conducted until after required notice.
b) 
At the public hearing, the Planning and Zoning Commission shall consider the application, comments and recommendations of City staff, other relevant support materials and public testimony given at the public hearing.
c) 
After the close of the public hearing, the Planning and Zoning Commission shall recommend that the City Council approve, approve with modifications, or deny the proposed amendment based on the specified criteria in section 10.02.
d) 
A recommendation by the Planning and Zoning Commission to deny a request for amendment of the Official Zoning Map shall be the final decision on the matter, if not appealed in writing to the City Council within ten (10) days.
e) 
A tie vote by the Planning and Zoning Commission on any proposed amendment to the Official Zoning Map or the text of this Zoning Ordinance shall be forwarded without recommendation to the City Council (refer to Section 10.03 regarding an appeal).
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)

§ 9.05 Special Use.

a. 
Who May File.
An application for Special Use approval shall be submitted by the owner or agent authorized by affidavit to act on the owner’s behalf, unless initiated by City officials ordinarily authorized to initiate amendments to the zoning map.
b. 
Submission of Application.
A complete application shall be submitted to the City Manager, along with the appropriate fee. The City Manager may require an application for a Special Use approval to be accompanied by a site plan of existing and proposed development of the affected site.
c. 
Applicable Development Standards.
Unless otherwise specified in this Zoning Ordinance, no exception approval shall be granted for any use that does not conform to standards of the district in which it is located. Each exception shall also be subject to any development requirements set forth in this ordinance.
d. 
Review by City Manager.
After determining that the application is complete, the City Manager shall place the request on a meeting agenda for consideration by the Planning and Zoning Commission.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)

§ 9.06 Hearing and Action by Planning and Zoning Commission.

a) 
The Planning and Zoning Commission shall, after appropriate notice in accordance with other provisions of this ordinance, conduct a public hearing on each request for a Special Use.
b) 
At the public hearing, the Planning and Zoning Commission shall consider the application, any pertinent comments by the City staff, and relevant support materials and public testimony given at the public hearing.
c) 
After the close of the public hearing, the Planning and Zoning Commission shall recommend approval the request, recommend approval with additional conditions, or recommend denial of the request. The Planning and Zoning Commission may attach such conditions to a Special Use approval as are necessary to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to: limitations on size, bulk and location, provision of adequate ingress and egress, duration of the exception approval, and hours of operation for the specific allowed activity.
d) 
Approval criteria for an Special Use:
1. 
Impacts Minimized.
Whether and the extent to which the proposed exception creates adverse effects, including adverse visual impacts, on adjacent properties.
2. 
Consistent with Zoning Ordinance.
Whether and the extent to which the proposed exception would conflict with any portion of this Zoning Ordinance, including the applicable zoning district intent statement.
3. 
Compatible with Surrounding Area.
Whether and the extent to which the proposed exception is compatible with existing and anticipated uses surrounding the subject land.
4. 
Effect on Natural Environment.
Whether and the extent to which the proposed exception would result in significant adverse impacts on the natural environment, including but not limited to, adverse impacts on water and air quality, noise, stormwater management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.
5. 
Community Need.
Whether and the extent to which the proposed exception addresses a demonstrated community need.
6. 
Development Patterns.
Whether and the extent to which the proposed exception use would result in a logical and orderly pattern of urban development in the community.
7. 
Upon rendering a decision as to the recommendation to the City Council, and ordinance shall be developed creating an individually numbered zone (SP-1 etc.). The ordinance shall have a sunset provision and any other stipulations assuring compliance with the standards set out by the City Council. The City Council may add to or remove any provision recommended by the Planning and Zoning Commission.
8. 
In the event Special Use stipulations are not met, the Special Use Ordinance becomes void and the zoning reverts back to its original zoning classification that existed at the time of the request. The Special Use designation will become void with the sale of the property.
e) 
Conditions.
The Planning and Zoning Commission may impose such conditions on a request as are necessary to accomplish the purposes of this Zoning Ordinance, to prevent or minimize adverse impacts upon the public and neighborhoods, and to ensure compatibility of the site with its surroundings. These conditions may include but are not limited to limitations on size, bulk and location; standards for landscaping, buffering and screening, lighting and adequate ingress and egress; cash deposits, bonds and other guarantees of performance; other on-site improvements; and limitations on the duration or hours of operation of an allowed use.
f) 
Expiration of an Approval.
All Special Uses approved shall be required to have received any necessary building permit for the approved use within 12 months from the granting of approval, provided that the City Manager, with significant evidence that the designated use cannot be realistically implemented with due diligence within that time period, may grant a longer period of time, but in no event shall such extension period exceed an additional 12 months.
If the designated use is not made of the property within the time limitation granted, the approval shall be canceled and revoked and be of no effect.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)

§ 9.07 Other Duties.

In addition to planning and zoning responsibilities described in this ordinance, the Planning and Zoning Commission shall also discharge any other task or responsibility delegated to it by the City Council, state law, or city charter.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)