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Pottsboro City Zoning Code

SECTION 29

ZONING CHANGES AND AMENDMENTS

§ 29.1 City Council May Amend.

29.1.1 
The City Council may from time to time by Ordinance amend, supplement, change, modify or repeal the boundaries of the districts or the regulations herein established. Before taking any such action, the City Council shall submit the same to the Planning and Zoning Commission for its recommendation and report.
(Ordinance 1054 adopted 5/13/03)

§ 29.2 Procedures Before the Planning and Zoning Commission.

29.2.1 
Upon submission of any proposed change in classification the applicant will be required to deposit with the City an amount of money as listed in the "Schedule of Fees."
29.2.2 
A public hearing shall be held before adopting any proposed amendment, supplement, or change, at which parties and citizens interested shall have an opportunity to be heard. At least ten (10) days notice of the time and place of such hearing shall be published once in a newspaper of general circulation.
29.2.3 
The P and Z Coordinator shall send notices to all owners of real property lying within two hundred feet (200') of the property as the ownership appears on the last approved county tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the local post office.
29.2.4 
After such hearing, the P and Z Commission may, within its discretion, make one of the following recommendations in connection with each proposed change in zoning classification:
29.2.4.1 
Recommend against the change in zoning;
29.2.4.2 
Recommend a change in zoning;
29.2.4.3 
Recommend a change in zoning for such area together with its recommendations as to requirements for the paving of streets, alleys, and sidewalks, means of ingress and egress to public streets, provisions for drainage, parking spaces, and any other requirements, which within the discretion of the P and Z Commission, will protect adjacent property and secure substantially the purpose and intent of the Zoning Ordinance.
29.2.5 
Each such recommendation made by the P and Z shall be reported to the City Council and the applicant in writing.
29.2.6 
The Coordinator of the P and Z Commission shall set up and maintain a separate file for each application received and shall record therein the names and addresses of all persons, firms and corporations to whom notices are mailed, including the date of mailing and the persons by whom such notices were delivered to the mailing clerk, post office, or mail box, and all records and files herein provided shall be permanent and official files of the City of Pottsboro.
(Ordinance 1054 adopted 5/13/03)

§ 29.3 Procedure Before City Council.

29.3.1 
After receiving the recommendation of the P and Z Commission that the zone be changed, or upon written request, the City Secretary is hereby authorized and directed to publish such notices and set the date for a hearing before the City Council at the earliest practical time, consistent with the time necessary for giving such notices as provided by law, to be fifteen (15) days.
29.3.2 
When the P and Z Commission has recommended a change in zoning together with recommendations as to requirements, the City Council shall be at liberty to either accept, reject, or make other or additional requirements, and any such requirements, at the discretion of the City Council to be made, shall become a part of the Ordinance changing the zoning classification of such property, and such requirements shall be considered as an amendment to the Zoning Ordinance as applicable to such property. Such requirements shall not be considered conditions precedent to the granting of the change in zoning or the granting of building permits on such property, but shall be construed as conditions precedent to the granting of a certificate of occupancy and compliance and such requirements shall be complied with before a certificate of occupancy and compliance may be issued for the use or occupancy of the building, land, or structure on such property.
29.3.3 
In case the P and Z Commission has recommended against a proposed amendment, supplement, change or modification, or of a protest against such change signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending two hundred feet (200'), or of those directly opposite thereto extending two hundred feet (200') from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three fourths (3/4) of the City Council.
29.3.4 
Zoning Changes/Amendments Process Flow Chart:
CITY P AND Z COORDINATOR
1.
Receives Application.
2.
Receives Filing Fee(s).
3.
Sets up public hearing for P and Z Commission.
4.
Notifies property owners within 200 feet.
5.
Responses included in P and Z info packet.
6.
Notice 10 days prior to P and Z Hearing.
7.
Distributes info packets to P and Z.
8.
Newspaper notice 15 days prior to City Council Hearing.
PLANNING AND ZONING COMMISSION
1.
Conduct Public Hearing.
2.
Hears applicant's request.
3.
Hears favorable/unfavorable citizens' comments.
4.
Hears City Staff Recommendation.
5.
Recommendation to City Council (in writing).
6.
Recommendation to applicant (in writing).
CITY P AND Z COORDINATOR
1.
Forwards info for City Council packets.
2.
Includes info in City Council packets.
3.
P and Z recommendation in Council packets.
4.
Prepares zone change application in form of an amendment to zoning ordinance.
CITY COUNCIL
1.
Public Hearing.
2.
Hears P and Z Recommendation.
3.
Hears applicant's request.
4.
Hears favorable/unfavorable inputs from citizens.
5.
Hears City Staff Recommendation.
6.
Majority vote of Council to approve if P and Z recommends approval.
7.
Council may add additional requirements.
8.
4/5 approval vote of Council to approve if P and Z recommends disapproval or 20% of property owners file written protests. A majority Council vote to disapprove a P and Z approval.
CITY P AND Z COORDINATOR
1.
If Passes or approved by Council:
2.
Has zoning map updated.
3.
Has zoning change request signed by applicant, owner, and grantee of the request including any stipulations.
4.
Has ordinance signed by City Council.
5.
Retains copy of Ordinance and plat info.
(Ordinance 1054 adopted 5/13/03)