Lone Oak City Zoning Code
§ 24
AMENDMENTS.
A.
GENERAL. The zoning regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. Such amendments, supplements, changes, modifications, or repeal shall be deemed to amend, supplement, change, modify, or repeal the community plan of the City and shall become a part of such community plan. The Planning and Zoning Commission and its composition and duties are established by the City Council of Lone Oak.
C.
PROCEDURE. All requests for amendments to zoning district boundaries shall be submitted, together with required fees to the administrative official, which officer shall cause notices to be sent and the petition placed on the Planning and Zoning Commission agenda.
The City Council may not enact any proposed amendment until the Planning and Zoning Commission makes its final report to the City Council. The City Council may refer proposed amendments to the Planning and Zoning Commission for recommendation. Requests for changes in zoning districts shall include the proposed designation or designations for the area concerned. Alternative proposals may be made at the time of filing the original request for amendment; however, all hearings and deliberations shall be limited to the request as submitted by the applicant at the time of original filing.
D.
PUBLIC HEARING AND NOTICE. Prior to making its report to the City Council the Planning and Zoning Commission shall hold at least one (1) public hearing thereon. Written notice of all public hearings on proposed changes in district boundaries shall be sent not less than fourteen (14) days before such hearing is held to all owners of property which is located within the area proposed to be changed, within two hundred (200) feet of such property or within two hundred (200) feet of any other adjacent property under the same ownership as the tract to be rezoned. Measurements shall be taken exclusive of the public streets. Such notice may be served by using the last known address as listed on the City tax roll and depositing the notice, postage paid, in the United States Mail. No notice of hearing before the Planning and Zoning Commission on proposed changes in zoning regulations need be given except as may be required by state law.
E.
COMMISSION REPORT. The Planning and Zoning Commission, after the public hearing is closed, shall vote on its recommendations on the proposed change to be sent in a report to the City Council. Such report may recommend for or against such proposed change or may, but need not, include reasons for such decision. The commission may defer its report for not more than sixty (60) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. If the commission fails to finally report after sixty (60) days, it would be deemed to have recommended negatively to the proposal.
F.
FORWARDING FINAL REPORT. Every proposal receiving a final report by the commission shall be forwarded to the council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.
G.
WITHDRAWAL. Any proposal or application may be withdrawn by the proponent after the commission makes its final report, and such proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the council will not consider it. Any proposal or application withdrawn may be resubmitted and shall be subject to all fees and notice requirements as an original application.
H.
SIGN POSTING. The administrative official may have at least one (1) sign erected on the property to be rezoned which sign shall have a total area of a least four (4) square feet. Such sign or signs shall, if possible, be located adjacent to streets. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the City Council or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice [of] the present zoning classification, the requested zoning, the name of the applicant and the telephone number of the public official from whom dates of public hearings may be obtained. The erection or continued maintenance of signs shall not be deemed a condition precedent to the granting of any zoning change or holding of any public hearing.
I.
COUNCIL HEARING AND NOTICE. The City Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. A public hearing on such amendment, supplement, or change shall be held by the council. Notice of council hearing shall be given by publication one (1) time in the official newspaper of the city, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. No such amendment, supplement, or change shall be considered unless and until the commission makes its final report thereon. Publication of such change shall be accomplished by publishing the descriptive caption and penalty clause of the ordinance amending the comprehensive plan to incorporate the change.
J.
APPLICATION NOT TO BE CONSIDERED FOR ANOTHER SIX MONTHS AFTER DENIAL OF REQUEST FOR REZONING. No application for rezoning shall be considered within six (6) months of denial of a request by the City Council for the same classification on the same property.
K.
PROTEST AGAINST CHANGE. In case of a protest against such change signed by the owner of twenty percent (20%) or more either of the land included in such proposed change, or of the land within two hundred (200) feet thereof, excluding any intervening public street, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the City Council present and qualified to vote.
L.
COUNCIL ACTION ON APPLICATION. The proponent of any zone change shall satisfy the City Council that either the general welfare of all the city affected by the area to be changed will be enhanced or that the property is unusable for the purposes allowed under [sic]
1.
Drainageways and 100-year floodplain limits;
2.
Proposed treatment for screening the perimeter of the land embraced by the petition, including screening of internal separations of land use where required;
3.
Proposed internal no vehicular circulation linkages such as pedestrian paths and hike trails, bike trails, and equestrian bridle paths, where applicable, including their interrelationships with vehicular circulation systems and proposed handling of points of conflict;
4.
A tabular summary schedule indicating:
(a)
The gross acreage and percent of each type zoning category proposed;
(b)
The gross acreage and percent of each type of land use proposed, with streets and open space categories listed separately, and residential uses further stratified as to type, i.e., single-family, two-family, multifamily[,] townhouse, etc., including the total gross project acreage;
(c)
The gross residential density of each type of residential land use proposed, expressed in dwelling units per acre; and passed [based] on net residential land use plus one-half of any abutting street;
(d)
The quantitative number of dwelling units proposed for each residential dwelling type (i.e., single-family, two-family, etc.);
(e)
Proposed maximum lot coverage by building types (i.e. single-family or multifamily residential, commercial, office, industrial, etc.) expressed in terms of percent or floor area ratio of the lot or site.
M.
[ADDITIONAL APPLICATION REQUIREMENTS.]
(A)
Architectural Drawings.
Elevations, concept sketches, or renderings depicting building types and other significant proposed improvements, including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant’s land use and development proposals.
(B)
Written Documents.
In narrative form on 8-1/2" x 11" sheets, including:
(a)
Statement(s) of planning objectives to be achieved in use/development proposal, including a narrative description of the character of the proposed development and rationale behind the assumptions and choices made by the applicant, including use and ownership of open spaces, etc.
(b)
Legal description of the total site area proposed for rezoning, development, or conditional use permit.
(c)
A development schedule indicating the approximate date(s) when construction of the proposed development, and subsequent stages or phases thereof, if any, can be expected to begin to be completed to the best of the applicant’s knowledge and belief.
(d)
A statement as to the present and proposed ownership the sites or parcels thereof embraced by the application.
(e)
Economic feasibility and/or market analysis studies, when deemed necessary by the reviewing body to adequately assess the necessity for zoning certain parcels to the sizes indicated by the applicant, or to evaluate the need for granting a conditional use permit.
(f)
Environmental assessment statement, prepared pursuant to the National Environmental Policy Act of 1969, and any subsequent amendments thereto, when deemed necessary by the reviewing body to properly assess the impact of the proposed development/land use on the existing environment.
(g)
Statement(s) as to how and when the applicant proposes to provide water and sewer to the development.
(h)
Signature, title, and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans and supporting documents reflecting a reasonably accurate portrayal of the general nature and character of the proposals.
(Ordinance 109A-2018, sec. 24, adopted 5/19/18)