Pecan Hill City Zoning Code
ARTICLE XI
CHANGES AND AMENDMENTS
§ 1 DECLARATION OF POLICY.
1.1
The Council declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:
A.
To correct a manifest error in the regulations or map, or
B.
To recognize changed or changing conditions or circumstances in particular locality, or
C.
To recognize changes in technology, the style of living, or manner of doing business.
Every proposal to amend these regulations shall be considered in light of above declaration of policy and by the purposes enumerated in the preamble to these regulations. |
(Ordinance 86-4 adopted 2/20/86; Ordinance 98-3 adopted 9/9/98)
§ 2 AUTHORITY TO AMEND ORDINANCE.
The Council may from time to time, after receiving a final report thereon by the Commission and after public hearings required by law, amend, supplement or change the regulations therein provided or the boundaries of the zoning districts. Any amendment, supplement or change may be ordered for consideration by the Council, be initiated by the Commission, or be requested by proposal of the owner of the property or by a person holding a lease on the property with the consent of its owner. The Commission on its own motion, or on request of Council, may initiate consideration of a change in any district boundary or zoning regulation whenever it finds that public benefit will derive from consideration of such matter.
(Ordinance 86-4 adopted 2/20/86; Ordinance 98-3 adopted 9/9/98)
§ 3 PROCEDURE.
3.1
PROPOSAL REQUIRED. Every proposal to amend these regulations shall be considered in light of the above declaration of policy and by the purposes enumerated in Section 3-2 [sic], Interpretations and Purposes.
3.2
PUBLIC HEARING AND NOTICE. Prior to making its report to the Council, the Commission shall hold at least one public hearing thereon. Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for city taxes, located within two hundred feet (200') of any property affected thereby, within not less than ten (10) days before such hearing is held. 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. Notice of hearings on proposed changes in zoning regulations shall be accomplished by one publication not less than fifteen (15) days prior thereto in the official paper of the City.
3.3
COMMISSION REPORT. The Commission, after the public hearing is closed, shall prepare its report and recommendations on the proposed change stating its findings, its evaluation of the request and of the relationship of the request to the City Plan at such time as a City Plan has been adopted by Council. The Commission may defer its report for not more than ninety (90) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. In making its determination, the Commission shall consider the following factors:
A.
Whether the uses permitted by the proposed change would be appropriate in the area concerned;
B.
Whether adequate public school facilities and other public services exist or can be provided to serve the need of additional residences likely to be constructed as a result of such change, and the consequences of such change;
C.
Whether the proposed change is in accord with any existing or proposed plans for providing public water supply and sanitary sewers to the area;
D.
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development;
E.
The recent rate at which land is being developed in the proposed zoning district, particularly in the vicinity of the proposed change;
F.
How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also.
3.4
COUNCIL CONSIDERATION
A.
Proposal Recommended for Approval:
Every proposal which is recommended favorably 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.
B.
Proposal Recommended for Denial:
When the Commission determines that a proposal should be denied it shall so report and recommend to the Council. No hearing shall be set on the proposal until and unless the Council has review the recommendations of the Commission, has considered any appeal, as provided below, and has adopted a motion setting the matter for hearing.
C.
Appeal Procedure:
An appeal from the decision of the Commission may be taken whenever any party in interest is aggrieved by the action of the Commission on a specific proposal. Such appeal shall show that the Commission either (1) has been prejudiced in its deliberation, or (2) has not been given the opportunity to consider certain information because it could not have been made available to the Commission at the time of its public hearing. The following procedure shall be required:
1.
The aggrieved party shall reduce his appeal to writing stating specifically how, in his opinion, the Commission committed error. He shall file his appeal with the City Secretary and Commission within thirty (30) days following the Commission action. The City Secretary shall forward the appeal to the Council with the regular report of Commission action on the subject proposal.
2.
Upon receipt of written appeal the Council shall determine whether or not the Planning and Zoning Commission committed error. If the Council concludes that certain previously unavailable information should be considered by the Commission, it may refer the original proposal and the appeal for a new hearing, new report and recommendation. If the Council concludes that Commission prejudice prevents a fair hearing or recommendation, the Council may schedule its own hearing on the original proposal and recommendation.
3.5
COUNCIL HEARING AND NOTICE. The 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 time in the official paper 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.
3.6
NEGATIVE RECOMMENDATIONS; WRITTEN PROTEST. An amendment, supplement, or change shall not become effective except by favorable vote of four-fifths (4/5) of all members of the Council.
A.
If the Commission recommends disapproval of the proposed change, or
B.
If written protest is filed by owners either:
1.
Of the area of the lots or land included in such proposed change, or
2.
Of the lots or land immediately adjoining the area of such proposed change and extending two hundred (200') feet therefrom.
Protests signed by property owners may be filed prior to or at one of the public hearings conducted by either the Commission or the Council. Written protests filed with the Commission shall be forwarded to the Council with the Commission’s recommendation on the request. |
(Ordinance 86-4 adopted 2/20/86; Ordinance 98-3 adopted 9/9/98)
§ 4 LIMITATION ON RE-APPLICATIONS.
When the City Council has denied a proposal, or when the applicant has withdrawn his proposal at the Commission meeting thereon, no new applications of like nature shall be accepted by the City or schedule[d] for hearing by the Commission within a period of twelve (12) months of the date of Council denial or applicant’s withdrawal. Provided, however, on receipt of written request by the original applicant stating how conditions have changed substantially in the community since prior consideration of this proposal so as to justify an earlier review of this matter, the City Council may waive the mandatory delay period and authorize the acceptance of a new application.
(Ordinance 86-4 adopted 2/20/86; Ordinance 98-3 adopted 9/9/98)
§ 5 [FEES].
Any request for a proposed amendment, supplement or change to this Ordinance shall be accompanied by a filing fee in cash to be paid by the applicant as cost in connection therewith. The fee for application shall be as follows:
Area Size | Fee |
|---|---|
0-10 acres | $75.00 |
10-50 acres | $150.00 |
over 50 acres | $225.00 |
(Ordinance 86-4 adopted 2/20/86; Ordinance 98-3 adopted 9/9/98)