Temporary
Zoning - Annexed Territory -
All territory hereinafter
annexed to the City of Glenn Heights shall be temporarily classified
as “A”, Agricultural District, until permanent zoning
is established by the City Council of the City of Glenn Heights. As
soon as practical following annexation, but in no event more than
one hundred and eighty (180) calendar days thereafter, the City Council
shall, on its own motion or by property owners of the annexed area,
initiate proceedings to formally and legislatively establish Agricultural
(“A”) zoning on the newly annexed territory, thereupon
the City Manager or his/her designee shall commence public notification
and other standard procedures for establishing permanent zoning on
annexed territory which shall conform to Section IX.2.1 of this Ordinance.
Said proceedings to establish zoning may be undertaken concurrently
with annexation procedures (i.e., notified at the same time, public
hearings scheduled at the same time as annexation, etc.), however
zoning approval and formal adoption of the ordinance establishing
zoning must occur after annexation approval and adoption have occurred,
and as a separate and distinct action by the City Council.
A. The initial
zoning of a land parcel, whether it is interim in nature, by initiation
of the landowner or by initiation of the City, must meet the requirements
for notification and public hearings as set forth in Section IV.1.7
of this Ordinance and all other applicable State laws.
B. The owner
of land to be annexed may submit an application for zoning the property
simultaneously with submission of the petition for annexation, but
no such annexation application may be made conditioned upon the approval
of any particular zoning classification.
C. In an area
temporarily classified as “A”, Agricultural District:
1. No person
shall erect, construct, proceed or continue with the erection or construction
of any building or structure or cause the same to be done in any newly
annexed territory to the City of Glenn Heights without first applying
for and obtaining a Building Permit or Certificate of Occupancy from
the Building Official or the City Council, as may be required.
2. No permit
for the construction of a building or use of land shall be issued
by the Building Official or his/her designee other than a permit which
will allow the construction of a building or use permitted in the “A”,
Agricultural District, unless and until such territory has been classified
in a zoning district other than the “A”, Agricultural
District, by the City Council in the manner prescribed by law except
as provided in Subsection C. [3.] below.
3. If plans
and preparations for developing a property for a use other than those
specified in the “A” district were already in progress
prior to annexation of the property into the City of Glenn Heights,
then the City Council may, at its discretion, authorize construction
of the project by a majority vote. Application of this Subsection
is contingent upon the following:
a. An application
for a building permit for the proposed building or use must be made
to the Building Official of the City of Glenn Heights or his/her designee
within three (3) months (i.e., within 90 calendar days) after annexation
of the property into the City; and
b. The applicant
must be able to demonstrate that plans and other preparations for
developing the property commenced prior to (i.e., were already in
progress at the time of) annexation into the City; and
c. In its
deliberations concerning authorization to proceed with construction
of a project which meets the above criteria, the City Council shall
take into consideration the appropriate land use for the area as shown
on the City’s Future Land Use Plan. Upon approval by the City
Council, the City Manager or his/her designee shall notify the Building
Official or his/her designee of such approval.