Pelican Bay City Zoning Code
SECTION 36
CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE PROCEDURES
§ 36.1 Declaration of Policy.
The City declares the enactment of these regulations governing the use and development of land, buildings, and structures to be 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:
36.1.1
To correct any error in the regulations or map.
36.1.2
To recognize changed or changing conditions or circumstances in a particular locality.
36.1.3
To recognize changes in technology, style of living, or manner of doing business.
(Ordinance 180 adopted 5/10/05)
§ 36.2 Authority to Amend Ordinance.
The City Council may from time to time, after public hearings required by law, amend, supplement, or change the regulations herein provided or the classification or boundaries of the zoning districts. Any amendment, supplement, or change to the text of the Zoning Ordinance and any change in the classification or boundaries of the zoning districts may be ordered for consideration by the City Council, may be initiated by the Planning and Zoning Commission, the City Council, or may be requested by the owner of affected real property or the authorized representative of an owner of affected real property.
(Ordinance 180 adopted 5/10/05)
§ 36.3 Public Hearing and Notice.
36.3.1
Each application for rezoning, including an application for a specific use permit, shall include a signed, notarized statement of ownership of the property in the following format:
The undersigned hereby, on oath, states that he or she is the record owner of the property for which this application is made. |
___________________________________ (Name) |
SWORN TO AND SUBSCRIBED before me on this __________day of __________, 20__________, by the person whose signature appears directly above. |
<SEAL> |
___________________________________ Notary Public in and for The State of Texas |
Upon filing of an application for an amendment to the zoning ordinance and/or map, the Planning and Zoning Commission shall call a public hearing on said application.
36.3.2
Written notice of such hearing shall be sent to the owner of the property or his agent and to all owners of real property lying within two hundred (200) feet of the property on which the change in classification is proposed, such notice to be given not less than ten (10) days before the date of such hearing, to all such owners who have rendered their said property for City taxes as the ownership appears on the last approved City tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the City Post Office. Where property lying within two hundred (200) feet of the property proposed to be changed is located in territory which was annexed to the City after the final date for making the renditions which are included on the last approved City tax roll, notice to such owners shall be given by one publication in the official newspaper at least fifteen (15) days before the time of hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.
36.3.3
If, at the conclusion of the hearing, the Planning and Zoning Commission recommends amendment of this ordinance to the City Council, said recommendation shall be by resolution of the Planning and Zoning Commission carried by the affirmative votes of not less than a majority of its total membership present and voting. A copy of any recommended amendment shall be submitted to the City Council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.
36.3.4
If, after public hearing, the Planning and Zoning Commission recommends denial of an application, the applicant may appeal said determination to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days after the determination of the Planning and Zoning Commission.
36.3.5
The Planning and Zoning Commission may recommend denial of an application with or without prejudice against the applicant to refile the application. If the Commission recommends denial of the application and fails to clearly state the same is being denied with prejudice, then it shall be deemed that said application is being recommended for denial without prejudice against refiling. If it is later determined by the Commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given Agricultural zoning is exempt from the one (1) year waiting period.
36.3.6
The Planning and Zoning Commission, or City Council sitting as Planning and Zoning Commission, may hold joint meetings and Public Hearings as authorized or permitted by law.
(Ordinance 180 adopted 5/10/05; Ordinance 239, sec. 2, adopted 9/8/16)
§ 36.4 Action of the City Council.
36.4.1
If the Planning and Zoning Commission has recommended approval of an application or if the Planning and Zoning Commission has recommended denial of an application and a notice of appeal has been filed pursuant to Section 36.3.4, the City Council shall set said application for public hearing and shall give notice of the time and place of the hearing by one (1) publication in the official newspaper at least fifteen (15) days prior to such hearing.
36.4.2
If the Planning and Zoning Commission has recommended to the City Council that a proposed amendment be disapproved, the City Council may refuse to adopt the amendment by a simple majority vote of the Councilmen present and voting. However, in order to adopt the amendment which has been recommended for disapproval by the Planning and Zoning Commission, the amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Council of the City of Pelican Bay present and voting.
36.4.3
When the Planning and Zoning Commission has recommended to the City Council that a proposed amendment be approved, the City Council may disapprove the petition or application for amendment by a simple majority vote of the City Councilmen present and voting. In the event of a tie vote of the City Councilmen present and voting, the Mayor may cast the deciding vote.
36.4.4
In the case of a protest against an amendment to the ordinance signed by the owners of twenty percent (20%) or more either of the area of the lots or land included in such proposed change, or of the area of the lots or land immediately adjoining the area included in the proposed change and extending two hundred (200) feet from that area, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Council of the City of Pelican Bay.
36.4.5
In making its determination, the City Council shall consider the following factors:
36.4.5.1
Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the city as a whole.
36.4.5.2
Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area and shall note the findings.
36.4.5.3
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 unsuitable for development.
36.4.5.4
The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.
36.4.5.5
The manner in which 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 also be modified.
36.4.5.6
Any other factors which will substantially affect the public health, safety, morals or general welfare.
36.4.6
In considering a motion to deny a zoning application, or upon voting to deny a zoning application, the City Council shall further consider whether said application shall be denied with or without prejudice against refiling. If the City Council shall deny the application and fail to clearly state the same is being denied with prejudice, then it shall be deemed that said application is being denied without prejudice against refiling. If an application is denied with prejudice, no application may be filed for all or a part of the subject tract of land for a period of one (1) year from the date of denial by the City Council. If it is determined by the Planning and Zoning Commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given Agricultural zoning is exempt from the one (1) year waiting period.
(Ordinance 180 adopted 5/10/05)
§ 36.5 Effect of Denial of Petition.
In case an application for an amendment to the Zoning Ordinance is denied by the Planning and Zoning Commission, and no appeal therefrom is taken to the City Council, or in case an application for an amendment to the Zoning Ordinance is denied by the City Council, (in either of said events), said application shall not be eligible for reconsideration for one (1) year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the Planning and Zoning Commission, to be eligible for consideration within one (1) year of the denial of the original application.
In the event a reapplication affecting the same land is for a zone that will permit the same use of the property as that which would have been permitted under the denied application, the same shall not be considered as being substantially different from the application denied.
(Ordinance 180 adopted 5/10/05)
§ 36.6 Final Approval and Ordinance Adoption.
If the amending ordinance is not approved within six (6) months from the time of its original consideration, the zoning request, at the option of the City Council, may be recalled for a new public hearing.
(Ordinance 180 adopted 5/10/05)
§ 36.7 Changes in Zoning Regulations.
Amendments to the Zoning Ordinance not involving a particular property but involving a change in the zoning regulations generally do not require notice to individual property owners. In such cases, notice of the required public hearing shall be given by publication in the official newspaper of the city, stating the time and location of the public hearing, which time shall not be earlier than fifteen (15) days from the date of such publication.
(Ordinance 180 adopted 5/10/05)