City of Ivanhoe, TX PLANNING AND ZONING COMMISSION

The Planning and Zoning Commission shall meet in the Civic Center or in some other specified location as may be designated by the presiding Chairperson and at such intervals as may be necessary to orderly and properly transact the business of the Commission, but not less than once each month. If there have been no applications filed for review by the Commission, the City Secretary shall notify the Chairperson and no meeting shall be required for that month.

Meetings shall be conducted in accordance with the Texas Open Meetings Act (TOMA).

(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.030 RULES AND PROCEDURES.

The Commission shall have the power to make rules, regulations, and bylaws for its own governance, which shall conform with those set forth by the City Council, and such rules, regulations, and bylaws shall be subject to approval by the City Council. Such rules and bylaws shall include, among other items, provisions for the following:

Regular and special meetings, open to the public;

A record of its proceedings, to be open for inspection by the public;

Reporting to the City Council and the public, from time to time and annually; and

Reviewing the Comprehensive Plan on a regular basis.

The Commission will follow Robert’s Rules of Order and procedures shall not be in conflict with the laws applicable to the Commission on the following.

Quorum.

A quorum shall consist of a majority of the membership of the Commission, and any issue to be voted upon shall be resolved by a majority of those members present.

Voting.

All Commission members shall be entitled to one vote each upon any question, a quorum being present. The Chairperson shall vote only to break a tie. Voting procedures shall be in accordance with Robert’s Rules of Order, but shall not be in conflict with those adopted by the City Council.

Conflict of interest.

If any member has a conflict of interest regarding any item on the Commission’s agenda, that member shall remove himself or herself from the room and shall refrain from voting only on the item for which a conflict exists. Refer to Tex. Local Government Code, Ch. 171 and any applicable city ethics policies or regulations.

(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.031 AUTHORITY.

Statutes of the state authorizing and empowering cities to regulate the platting and recording of subdivisions or additions within the city’s corporate limits and establishing extraterritorial jurisdiction are hereby adopted, and the Commission, acting through its duly authorized officials, shall have all the rights, powers, privileges, and authority authorized and granted by and through said statutes pertaining to regulation of subdivisions in the city limits and extraterritorial jurisdiction.

The Commission shall have all the rights, powers, privileges, and authority authorized and granted by the City Council and through the statutes of the state authorizing and granting cities the power of zoning and subdivision regulation as found in Tex. Local Government Code, Ch. 211 and 212, as amended from time to time.

The Commission shall be an advisory body and adjunct to the City Council, and shall make recommendations regarding amendments to the Comprehensive Plan, changes of zoning, zoning ordinance amendments, and zoning to be given to newly annexed areas, and shall make recommendations regarding the approval of plats of subdivisions as may be submitted to it for review and other planning related matters. The Commission shall conduct an annual review of the city’s Comprehensive Plan and shall be prepared to make recommendations to the City Council as deemed necessary to keep the city’s Comprehensive Plan current with changing conditions and trends, and with the planning needs of the city. The Commission shall also serve in an advisory capacity on any planning related item(s) in the city.

(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.032 CHANGES AND AMENDMENTS.

The city 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:

To correct any error in the regulations or map;

To recognize changed or changing conditions or circumstances in a particular locality;

To recognize changes in technology, the style of living, or manner of conducting business;

To change the property to uses in accordance with the approved Comprehensive Plan; or

(5)

To make changes in order to implement policies within the Comprehensive Plan.

In making a determination regarding a written requested zoning change, the Commission and the City Council shall consider the following approval standard factors:

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;

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;

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;

The recent rate at which land is being developed in the same zoning classification as the written request, particularly in the vicinity of the proposed change;

(5)

How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved; and

(6)

Any other factors which will substantially affect the public health, safety, morals, or general welfare.

(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.033 APPLICATION FOR ZONE CHANGE OR AMENDMENT.

Procedure.

Each application for zoning or for an amendment or change to the existing provisions of this chapter shall be made in writing on an application form available at the city in the office of the City Secretary, filed with the city, and shall be accompanied by payment of the appropriate fee. The application shall also be accompanied by additional information materials such as plans, maps, exhibits, legal description of property, architectural elevations, and information about proposed uses, as deemed necessary by the Mayor/City Secretary or his or her designee, in order to ensure that the written request is understood.

Notarized statement.

All zoning change requests shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of a land owner’s agent to file the change request.

Official submission date and completeness of application.

For the purpose of these regulations, the official submission date shall be the date upon which a complete application for a zoning change request, which contains all elements and information required by this chapter, is first submitted to the Mayor/City Secretary or his or her designee. No application shall be deemed officially submitted until the Mayor/City Secretary or his or her designee determines that the application is complete and a fee receipt is issued by the city. Failure by the Mayor/City Secretary or his or her designee to make a determination of incompleteness within 15 calendar days following the date on which the application was first received by the city shall result in the application being deemed complete, and the official submission date shall become the calendar day 16 days following initial receipt of the application by the city.

Zoning change request applications which do not include all required information and materials will be considered incomplete, shall not be accepted for official submission by the city, and shall not be scheduled on a Commission agenda until the proper information is provided to city staff.

(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.034 PUBLIC HEARING AND NOTICE FOR REZONING.

For zoning or rezoning requests involving real property, the Commission shall hold at least one public hearing on each zoning application. For proposed changes to zoning district boundaries including rezoning requests, notice of the Commission hearing shall be accomplished by publishing the purpose, time, and place of the public hearing in the official newspaper of the city before 15 days before the date of the hearing date of the public hearing. Written notice of the public hearing to occur before the Planning and Zoning Commission shall also be sent to all owners of property, as indicated by the most recently approved city tax roll, that is located within the area of application and within 200 feet of any property affected thereby, said written notice to be sent before ten days before the hearing date. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, with first-class postage paid, in the U.S. mail.

The city may, at its option, establish additional rules and procedures for public notification of proposed zoning changes or development proposals such as site plans, plats, and developer agreements, which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the applicant or its agent(s). Adherence to such rules and procedures, if so established by the city, shall be the responsibility of the applicant and shall be required as part of a zoning change or development application.

(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.035 FAILURE TO APPEAR.

Failure of the applicant or representative for re-zoning request or CUP to appear before the Commission or the City Council for more than one hearing, without an approved delay by the Mayor/City Secretary or his or her designee, shall constitute sufficient grounds for the Planning and Zoning Commission or the City Council to table or deny the application unless the city is notified in writing by the applicant at least 72 hours prior to the hearing.

(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.036 COMMISSION CONSIDERATION AND RECOMMENDATION.

The Commission shall function in accordance with secs. 154.020 through 154.040 and with applicable provisions in the city’s code of ordinances.

The Commission shall hold a public hearing on a zoning or rezoning request and/or a proposed text amendment to the Zoning Ordinance. After all public input has been received and the public hearing closed, the Commission shall make its recommendations on the proposed zoning request and site plan, if submitted, stating its findings, its overall evaluation of the request, and its assessment regarding how the request relates to the city’s Comprehensive Plan. The Commission may, on its own motion or at the applicant’s request, defer its decision recommendations until it has had an opportunity to consider other information or proposed modifications to the request which may have a direct bearing thereon. If the Commission elects to table the request, such tabling shall specifically state the time period of the tabling by citing the meeting date whereon the request will reappear on the Commission’s agenda.

When the Commission is ready to act upon the zoning request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions as in the case of a planned development district or a conditional use permit, or disapproval of the request. If the Commission’s recommendation is to approve the request either as submitted or with additional conditions, then the request will be automatically forwarded to the City Council for a second public hearing thereon.

(D)

If the Commission recommends denial of the zoning change request, it shall provide reasons to the applicant for the denial if requested by the applicant. The Commission Chairperson shall inform the applicant of the right to receive reasons for the denial.

(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.037 CITY COUNCIL CONSIDERATION AFTER RECOMMENDATION BY COMMISSION.

Applications forwarded from the Planning and Zoning Commission to the City Council.

Every application or proposal which is recommended for approval, or approval with conditions, by the Commission shall be automatically forwarded, along with the Commission’s recommendation, to the City Council for setting and holding of public hearing thereon following appropriate public hearing notification by notifying applicant of date, time, and place, as well as publishing the purpose, time, and place of the public hearing in the official newspaper of the city before 15 days of the date of the hearing. The City Council may then approve the request, approve it with conditions, or disapprove it by a simple majority vote of the Council members present and voting.

An application which is recommended by the Commission for denial shall not be forwarded to the City Council unless the applicant files a written appeal with the City Secretary within ten days after the Commission’s decision. Said appeal will, in that instance, be forwarded to the City Council along with the Commission’s reasons for denial of the request. The appeal shall be scheduled for the next possible City Council agenda following appropriate public notification as prescribed in division (A)(1) above. Ultimate approval of the request will require a three-fourths majority vote of all members of the City Council. No zoning change shall become effective until after the adoption of an ordinance for same.

City Council action on zoning, rezoning, and text amendment requests.

After a public hearing is held before the City Council regarding the zoning application, the City Council may approve the request in whole or in part, deny the request in whole or in part, table the application to a future meeting specifically citing the City Council meeting to which it was tabled, or it may refer the application back to the Commission for further study.

If the City Council approves the request, then division (D) below will apply.

If the City Council denies the request, then no other zoning application may be filed for all or part of the subject tract of land, or for that portion of the Zoning Ordinance, for a waiting period of one year following the denial, or in the case of a text amendment request submitted by a property owner or citizen, for a waiting period of three months following the denial. In the instance that the request was initiated by the City Council and involved a proposed amendment to the text of this chapter, then there is no waiting period before the request can be reconsidered.

The City Council may, at its option, waive the one-year period if, after due consideration of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial new information pertaining to the request is discovered.

Protests.

For zoning requests involving real property, a favorable vote of three-fourths of all members of the City Council shall be required to approve any change in zoning when written objections are received from 20% or more of the land area covered by the proposed change, or the land area within 200 feet of the subject property, in compliance with the provisions of the Tex. Local Government Code, sec. 211.006. If a protest against such proposed amendment, supplement, or change has been filed with the City Secretary, duly signed and acknowledged by the owners of 20% or more, either of the area of the land included in such a proposed change or those immediately adjacent to the area thereof extending 200 feet there from, such amendments shall not become effective except by a three-fourths vote of all members of the City Council.

(D)

Final approval and ordinance adoption.

Upon approval of the zoning by the City Council, the applicant shall submit all related material with revisions, if necessary, to the Mayor/City Secretary or his or her designee for the preparation of the amending ordinance. The zoning request shall be deemed approved at the time the City Council makes a decision to approve the request as submitted or with certain conditions. However, the amending ordinance will not be prepared or formally adopted until a correct description and all required exhibits have been submitted to the Mayor/City Secretary or his or her designee.

(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.038 AUTHORITY TO AMEND.

The City 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 herein provided or the boundaries of the zoning districts specified on the Zoning District Map. Any ordinance regulations or zoning district boundary amendment may be requested by the City Council, the Commission, or in writing by the owner of real property or the authorized representative of an owner of real property. Upon such request, the item(s) shall be posted on the next Commission agenda after proper application and notification has been made.

Consideration for a change in any district boundary line or special zoning regulation may be initiated only by the property owner or his or her authorized agent, or by the Commission or the City Council on its own motion when it finds that public benefit will be derived from consideration of such matter. Proof of authorization by the property owner must be submitted with the zoning application. In the event the ownership stated on an application and that shown in city records are different, the applicant shall submit proof of ownership or verification that he or she is acting as an authorized agent for the property owner.

(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.039 PUBLIC HEARING AND NOTICE FOR CHANGES/ADDITIONS.

For requests involving proposed changes or additions to the text of the Zoning Ordinance, notice of the Commission hearing shall be accomplished by publishing the purpose, time, and place of the public hearing in the official newspaper of the city not less than 15 days prior to the date of the public hearing. Changes in the ordinance text which do not change zoning district boundaries, do not establish zoning regulations for specific districts, or do not involve specific real property, do not require written notification to individual property owners.

Public hearing shall be held as a joint hearing with City Council and the Commission at which time the changes or additions to the current city ordinance will be reviewed and any recommendations from City Council and input from the public will be noted. If needed, the Commission will schedule a special meeting to review recommendations before submitting final recommendation to City Council to be voted on at the next scheduled City Council meeting.

Parliamentary procedures shall be established by the City Council.

(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.040 APPLICATION FOR CONDITIONAL USE PERMIT (CUP).

General purpose and description.

A conditional use is a land use which, because of its unique nature, is compatible with the permitted land uses in a given zoning district only under certain conditions. Such conditions include a determination that the external effects of the conditional use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of standards and conditions. This section sets forth the standards used to evaluate proposed conditional uses and the procedures for approving conditional use permit (CUP) applications.

Conditional use permit (CUP) required.

No conditional use shall be established and no building permit shall be issued for any use designated as a conditional use within a zoning district until a conditional use permit is issued in accordance with the provisions of this section. An application for a conditional use permit shall be accompanied by a site plan prepared in the manner described in sec. 154.033. The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in sec. 154.032(B).

Status of conditionally permitted uses.

The following general rules apply to all conditional uses.

The designation of a use in a zoning district as a conditional use does not constitute an authorization or assurance that such use will be approved.

Approval of a conditional use permit shall authorize only the particular use for which the CUP is issued.

No use authorized by a conditional use permit shall be enlarged, extended, or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new conditional use permit in accordance with the procedures set forth in this section.

Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the city’s code of ordinances, or any permits required by regional, state, and federal agencies.

(D)

Procedures for conditional use permit.

An application along with fee established for a conditional use permit may be submitted by the property owner of record or by the property owner’s designated representative to the city. Application shall be accompanied by additional information materials such as plans, maps, exhibits, legal description of property, information about proposed use, or any other requested material for application evaluation. An official submission date will be assigned by the City Secretary once all information submitted has been reviewed. If a zoning change or amendment is required or requested in writing, such application shall accompany the application for a conditional use permit and shall follow procedures set forth in secs. 154.020 through 154.040. The fee for zoning change or amendment and conditional use permits shall apply.

The Planning and Zoning Commission will either place the application on the next scheduled meeting agenda or schedule a special meeting to review the application. The City Secretary or Commission Chairperson may contact the applicant for additional information during the review process.

Once the Planning and Zoning Commission has completed its review, a public hearing date shall be set. A location map that identifies the subject property and all property owners within 200 feet of the subject property will be prepared and notice will be mailed to the property owners as well as the applicant at the address on the most recent approved city tax roll ten days prior to the public hearing date. A legal notice will be published in the local newspaper 15 days prior to the public hearing.

During the public hearing, the Commission will present a summary of the proposed conditional use permit application. Persons in support of the proposed request as well as those in opposition will be given an opportunity to speak. Rules will be established for conduction of public hearing according to secs. 154.085 and 154.086.

(5)

Immediately following the public hearing, the Planning and Zoning Commission will hold a special meeting to make recommendation on the proposed conditional use permit request to City Council. The Commission may recommend approval, approval with conditions, disapproval, or table the request until additional information is received. A conditional use permit that is recommended for disapproval by the Commission will still be scheduled on the agenda at the next monthly meeting of the City Council for consideration.

(6)

The City Council shall be the final decision maker on applications for conditional use permits and shall schedule a public hearing which will be held either as a special meeting, if needed, or preceding the regular monthly Council meeting. Notice shall be made in the local newspaper 15 days prior to the public hearing. The City Council shall approve, approve with conditions, or disapprove the conditional use permit application in accordance with division (E) below. If the appropriateness of the use cannot be assured at the location, the application for conditional use permit shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.

(E)

Procedures for conditional use permits.

Upon receipt of the recommendation from the Mayor/City Secretary or his or her designee, the Commission shall conduct a public hearing in order to formulate its recommendations to the City Council on the conditional use permit application.

Notice of the hearing before the Planning and Zoning Commission shall be accomplished by publishing the purpose, time, and place of the public hearing in the official newspaper of the city 15 days before the date of the hearing. Written notice of the hearing shall be sent to applicant and property owners, as indicated by the most recently approved city tax roll, that are located within 200 feet of any property affected by proposed application and notice to be sent ten days before the hearing date. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, with first-class postage paid, in the U.S. mail.

Following the public hearing, the Commission shall recommend approval, approval subject to modification, or denial of the proposal to the City Council in accordance with division (F) below. If the appropriateness of the use cannot be assured at the location, the Commission shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district.

The City Council shall be the final decision-maker on applications for conditional use permits. Following a public hearing by, and in consideration of, the Commission’s recommendations, the City Council shall approve, modify, or deny the proposal for a conditional use permit in accordance with division (F) below. If the appropriateness of the use cannot be assured at the location, the application for conditional use permit shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.

(F)

Standards.

When considering applications for a conditional use permit, the Commission in making its recommendation and the City Council in rendering its decision on the application shall, on the basis of the site plan and other information submitted, evaluate the impact of the conditional use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Commission and the City Council shall specifically consider the extent to which:

(a)

The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Plan;

(b)

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

(c)

The proposed use meets all standards specifically applicable to the use as established in current city ordinances; and

(d)

The proposed use is compatible with, and preserves the character and integrity of, adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts including, but not limited to, the following:

Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;

Off-street parking areas, loading areas, and pavement type;

Refuse and service areas;

Utilities with reference to location, availability, and compatibility;

Screening and buffering features to minimize visual impacts and/or setbacks from adjacent uses;

Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

Required yards and open space;

Height and bulk of structures;

Hours of operation;

10.

Exterior construction material, building design, and building facade treatment;

11.

Roadway adjustments, traffic-control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets;

12.

Provision for pedestrian access/amenities/areas;

13.

The proposed use is not materially detrimental to the public health, safety, convenience, and welfare, or results in material damage or prejudice to other property in the vicinity; and

14.

Noise.

In approving the application, the Commission may recommend and the City Council shall impose such conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this section, in accordance with the procedures in sec. 154.032. Any conditions imposed shall be set forth in the ordinance approving the conditional use, and shall be incorporated into or noted on the site plan for final approval. The Mayor/City Secretary or his or her designee shall verify that the site plan incorporates all conditions set forth in the ordinance authorizing the conditional use and shall sign the plan to indicate final approval. The city shall maintain a record of such approved conditional uses and the site plans and conditions attached thereto.