search icon

Whitesboro City Zoning Code

CHANGES AND

AMENDMENTS

§ 154.080 AMENDMENTS.

   (A)   Generally. The zoning regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. Such amendments, supplements, changes, modification, or repeal shall be deemed to amend, supplement, change, modify, or repeal the comprehensive plan of the city and shall become a part of such comprehensive plan. The Planning and Zoning Commission and its composition and duties are established by the City Council.
   (B)   Amendment initiation. An amendment to this article may be initiated by:
      (1)   City Council on its own motion;
      (2)   Planning and Zoning Commission; or
      (3)   Request by owner or agent of owner of property to be changed.
   (C)   Procedure.
      (1)   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.
      (2)   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 failing.
   (D)   Public hearing and notice. Prior to making its report to the City Council, the Planning and Zoning Commission shall hold at least one public hearing thereon. Written notice of all public hearings on proposed changes in district boundaries shall be sent not less than ten days before such hearing is held to all owners of property who have rendered their property for city taxes, which is located within the area proposed to be changed, within 200 feet of such property or within 200 feet of any other adjacent property under the same ownership as the tract to be rezoned. Measurements shall be taken exclusive of 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 hearings before the Planning and Zoning Commission on proposed changes in zoning regulations need be given except as may be required by state laws.
   (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 and may, but need not, include reasons for such decision. The Commission may defer its report for not more than 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 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 shall have at least one sign erected on the property to be rezoned which sign shall have a total area of at least four-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 owner of the property, 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 time in the official newspaper of the city, stating the time and place of such hearing, which time shall not be earlier than 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 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 owners of 20% or more either of the land included in such proposed change, or of the land within 200 feet thereof, excluding any intervening public street, such amendment shall not become effective except by the favorable vote of 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 existing zoning. If such is proved to the Council's satisfaction, it may grant the requested zone change; or it may change the zone's designation of a portion of such property; or it may initiate a request to consider changing all or a portion of such property to a district other than that requested and of a different character.
   (M)   Site plan and supporting documents required; petition for zoning district change or conditional use.
      (1)   When in the opinion of the Planning and Zoning Commission, City Council, or Zoning Board of Adjustment that greater information is required from the petitioner concerning the nature, extent, and impact of his or her request than supplied with his or her application for a change in zoning or conditional use permit, in order for such Commission, Council, or Board to properly review and evaluate all relevant factors thereof, said Commission, Council, or Board may require the applicant to submit a site plan and supporting documents conforming with all or a portion of the requirements set forth in this subsection, prior to rendering a decision thereon.
      (2)   The petitioner is encouraged to meet with the appropriate Commission, Council, or Board in an informal work session to ascertain the exact extent of plans and documents required, if any, prior to the city initiating the advertisement for public hearing on the petition.
      (3)   The general type and extent of plans and supporting documents which may be required of the petitioner include, but are not necessarily limited to:
         (a)   Site plan.
         (b)   Meeting all of the requirements of a "preliminary plat" as described in the city's subdivision regulations, except that topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project's petition. Additional site plan drawing information which the reviewing body may require include:
            1.   Existing and proposed zoning district;
            2.   General outline of extensive tree cover areas;
            3.    Drainage ways, and 100-year floodplain limits;
            4.    Proposed treatment for screening the perimeter of the land embraced by the petition, including screening of internal separations of land use where required;
            5.    Proposed internal non-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;
            6.   A tabular summary schedule indicating;
               a.    The gross acreage and percent of each type of 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, multi-family, 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 based on net residential land use plus 1/2 of any abutting street, only;
               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, duplex, multifamily, commercial, office, industrial, etc.) expressed in terms of percent or floor area ratio of the lot or site.
         (c)   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.
         (d)   Written documents. In narrative form on 8-1/2" x 11" sheets, including:
            1.    Statement(s) on 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.;
            2.   Legal description of the total site area proposed for rezoning, development, or conditional use permit;
            3.   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 and be completed, to the best of the applicant's knowledge and belief;
            4.   A statement as to the present and proposed ownership of the site or parcels thereof embraced by the application;
            5.    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;
            6.    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;
            7.    Statement(s) as to how and when the applicant proposes to provide water and sewer to the development; and
            8.    Signature, title, and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans and supporting documents reflects a reasonably accurate portrayal of the general nature and character of the proposals.
(Ord. 1249, passed 8- -25)

§ 154.081 PLATTING PROPERTY NOT PERMANENTLY ZONED.

   (A)   Zoning required prior to approval of plat. The City Council shall not approve any plat of any subdivision within the city limits until the area covered by the proposed plat shall have been permanently zoned by the City Council.
   (B)   Annexation prior to approval of plat. The City Council shall not approve any plat or any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the city is pending before the City Council unless and until such annexation shall have been approved by resolution by the City Council.
   (C)   Contemporaneous action on zoning and annexation. In the event the City Council holds a hearing on proposed annexation, it may, at its discretion, hold a contemporaneous hearing upon the permanent zoning that is to be applied to the area or tract to be annexed. The City Council may, at its discretion, act contemporaneously on the matters of permanent zoning and annexation.
(Ord. 1249, passed 8- -25)

§ 154.082 TEMPORARY USES.

   The following temporary uses may be allowed under the conditions and for the time specified upon proper application and review by the Zoning Administrator:
   (A)   A temporary building may be used as an office incidental to construction work if such building is located upon the same property as the site under construction, contains no living quarters, and provides for no uses not incidental to construction on the premises. Such buildings shall be removed within 30 days following final acceptance of the construction by the city.
   (B)   A temporary facility or a permanent residential structure located on any platted lot in an approved residential subdivision may be used as a construction office, or as a sales office, or for display purposes. No more than one office and no more than four display facilities shall be allowed for any purposes for any other subdivision. Such temporary use shall be allowed for a period of one year, with extensions upon application and approval of six months possible provided construction remains continuous and no more than ten lots remain unsold in the subdivision. However, in no case shall more than four such extensions be granted.
   (C)   Temporary uses of a religious or philanthropic nature by those organizations not normally conducting business for profit may be allowed for the period of their actual duration up to a maximum of 30 days, except that two extensions of up to 30 days may be possible upon application and approval.
   (D)   Temporary sales of seasonal products such as firewood, cut trees, plants, fruits and vegetables, and the like may be allowed during their normal and generally accepted season for a period of up to 30 days, except that two extensions of up to 30 days may be possible upon application and approval. Temporary sales of seasonal products may be allowed no more than 120 days, whether consecutive or cumulative, per site.
   (E)   The Zoning Administrator, in approving or denying such application shall consider the nature of the use; existing uses in surrounding areas; noise, dust, light, and traffic generated; health and sanitary conditions; and compliance with other regulations of this chapter. The Zoning Administrator shall have the right to revoke any temporary use at any time or to deny any extension upon finding that a hazard or nuisance shall exist by continuing such use; after which revocation or denial such temporary use shall immediately cease and shall be removed within ten days of notification of such finding.
(Ord. 1249, passed 8- -25)