City of Lavon, TX Districts and Zoning District Map

The boundaries of each zoning district are delineated and shown on the official zoning district map of the city, as amended from time to time. The official zoning district map, together with all notations, references, dimensions, designations and other information shown on the map, is adopted and made part of this division, as amended, by reference.

The official zoning district map shall be stored, maintained, and kept current by the city secretary.

(Ordinance 2018-03-02, sec. 9.1.2.3, adopted 3/20/18)

§ 9.03.034 Amendments to the official zoning ordinance and zoning district map.

Applicability.

This section is applicable only for properties within the city limits or properties in the process of annexing into the city limits.

No amendment to the official zoning district map shall be authorized without the filing of a zoning map amendment application. The city council may from time-to-time amend, supplement, or change by ordinance the boundaries of the zoning district map (zoning change), or the land use regulations and restrictions of a district (text amendment), or any other regulation or provision of this ordinance.

Any amendment to the zoning ordinance text or to zoning district boundaries may be ordered for consideration by the city council, may be initiated by the planning and zoning commission, or may be requested by the owner of real property within the city (or his/her authorized representative). No change to the official zoning district map shall be authorized or become effective without final action of the city council.

No zoning shall be approved until the property has been annexed into the city.

Pre-application conference review and discussion.

An applicant for a PD - Planned Development District shall schedule a pre-application conference prior to the formal submission of the application materials. Prior to the pre-application conference, the applicant shall provide descriptions, statements, preliminary drawings, and/or concept plans that address, but are not limited to, the following:

A statement of completion of the pre-application checklist requirements;

Site boundaries;

General concept plan layout indicating relationship of the proposed land uses, parking, and street layouts(s) [sic];

Residential development densities, if any;

Approximate gross square footage of nonresidential uses, if any;

Building heights;

(7)

Significant environmental features, including floodplains and water course; and delineation of approximate acreage for each land use specified.

(8)

Information regarding any proposed zoning and associated alignment with requirements and consideration criteria; and

(c)

Submittal.

The following items shall be submitted for each zoning and rezoning request:

Application and fee:

The application shall be processed in accordance with the requirements of this division. Each application for amendment, supplement or change to the provisions of this division shall be made in writing on the city's required form and shall be filed with the city secretary along with the appropriate fee in accordance with the fee schedule for administration of the zoning application. An applicant does not have any right or entitlement to withdraw or table an application placed on the planning and zoning commission or city council agenda, but may request that the application be withdrawn no later than 18 days before the agenda is posted.

Neighborhood meeting verification:

If a neighborhood meeting (per sec. 9.03.034) is deemed necessary by the city manager or their designee, a written verification of the neighborhood meeting shall be submitted.

Staff shall be given a minimum two weeks' notice of the proposed neighborhood meeting.

Request narrative to include the following information:

Contact information and signature(s) of the owner or applicant;

Acreage of subject property;

Existing zoning district(s);

Proposed zoning district(s);

(E)

Description of request;

(F)

Comprehensive plan consistency - use, character, and design;

(G)

Special consideration or unique characteristics of the property/proposed development (if any);

(H)

Detailed justification and/or supporting documentation as to why the applicant is requesting to rezone the subject property to a specific zoning district;

(I)

Description of development and/or zoning change impacts on drainage, water utilities, sanitation, sanitary sewer utilities, roadways, and traffic;

(J)

Description of development and/or zoning change impacts on city services, such as building inspection, development, police, and fire;

(K)

Architecturally or historically significant features that are proposed or existing to remain (if any).

Exhibit A: Subject property map/survey (high resolution), including the following information:

Detailed description of the location of subject property;

Current and proposed zoning of the subject property;

Clear boundary of the subject property;

The bearings and distances of the boundary lines of the subject property (and any tract lines if applicable in a planned development district);

(E)

Acreage of the subject property;

(F)

Neighboring parcels labeled with corresponding zoning and current land uses; and

(G)

Adjacent right-of-way names and widths.

Exhibit B: Legal description, including the following information:

In Microsoft Word or another editable format, a written metes and bounds description of the property that will readily determine the location, bearing and length of all perimeter boundary lines, with total acreage of the property, and be capable of reproducing such lines upon the ground with a closure error of less than 1:25,000; and

The legal description shall include reference to an original survey or subdivision corner, and the Texas NAD83 state plane coordinate system.

If requesting a PD - Planned Development District, the description shall also include:

Exhibit C: Concept plan, including the following information:

Delineation of site boundaries with adjacent relevant features, including streets necessary for access;

General site layout indicating relationship of the proposed land uses, access, circulation, parking areas (striped spaces not required), street layout with associated types for each (arterial, collector, etc.), significant amenity locations, and major trails;

(iii)

Proposed residential development housing types and associated dimensions and densities (utilize key/legend format for legibility if applicable), if any;

(iv)

Approximate gross square footage of nonresidential uses where applicable;

(v)

Open space, significant environmental features, including floodplains and water course; and

(vi)

Tract designation boundaries, labels, and sizes, if any, that directly correspond with associated sections within the development standards for each.

Exhibit D: Development standards, in Microsoft Word format, including the following information:

Use and description of exhibits;

Requested base zoning district and any proposed special ordinance provisions versus its standards;

(iii)

Any proposed special ordinance provisions versus standards from Lavon's zoning ordinance; and

(iv)

Any enhanced features proposed for requirements.

Other exhibits may be appropriate (ex. amenities, fencing, screening, traffic impact analysis, etc.) upon review of the zoning application. If proposing residential uses, associated housing type descriptions, illustrations, dimensions, and densities (utilizing a key/legend format or an exhibit) shall be provided upon submittal.

If the subject property is over 10 acres in size and/or contains more than four proposed/existing dwelling units the following exhibits may be required as requested by the city manager or their designee:

Amenities plan to include the following:

Park and open space with details per type, if applicable

Trails and off-spots with shade and other details, if applicable

Amenity centers (including business centers, meeting spaces, grouped mailboxes, etc.)

Fitness courts/facilities.

Pedestrian-oriented features (ex. benches, trash receptacles, etc.).

Swimming/aquatic areas.

Fences and screening plan to include the following:

Location, dimensions (height/width), type, and construction materials of all screening devices (existing and proposed), including but not limited to:

Landscape buffers;

Dumpster, loading, parking lot, mechanical equipment screen(s); and

Screening walls/fences.

(d)

Neighborhood meeting.

Applicants shall conduct a neighborhood meeting for zoning and rezoning requests when deemed necessary by the city manager or their designee as follows:

Purpose.

The purpose of the neighborhood meeting shall be to review the proposed project. The neighborhood meeting shall be held in person; however, upon request to the city manager, or their designee, the neighborhood meeting may be held virtually if determined that there is good cause for holding the meeting virtually. A virtual option is encouraged in addition to the in-person meeting.

Notice.

The applicant shall provide written notice to all property owners within a two-hundred-foot (200') radius of the exterior boundary of the subject property and to all neighborhood associations as directed by the city manager or their designee. Notice of a neighborhood meeting shall be in addition to, and not in lieu of, mailed notices that are already required.

Timing.

If deemed necessary by the city manager, the neighborhood meeting shall be conducted prior to submission of the application or after the submission of the application.

The neighborhood meeting shall be conducted not more than six (6) months prior to formal submission of the application.

The meeting shall be on a weekend between ten o'clock (10:00) a.m. and seven o'clock (7:00) p.m. or on a weekday between six o'clock (6:00) p.m. and eight o'clock (8:00) p.m.

The meeting shall not be on a holiday, a holiday weekend, or the day before a holiday or holiday weekend.

In-person meetings requirements.

The meeting shall be held at one of the following locations:

On the subject property;

At the nearest available public meeting place including, but not limited to, a fire station, library, or community center; or

At an office space with suitable meeting facilities if such facilities are within a one-mile radius of the nearest public meeting place.

Virtual meeting requirements.

If a neighborhood meeting is to be conducted virtually (ex. Zoom, WebEx, etc.), any required notices shall contain sufficient information so the public may access the virtual meeting.

(e)

Notices and notifications.

Zoning and rezoning requests shall be scheduled for public hearings before the planning and zoning commission and the city council and noticed in accordance with this section as follows:

Mailed notice.

Mailed notice shall be provided in accordance with Texas Local Government Code chapter 211.

Subject property notification signs.

Notification signs shall meet the following requirements:

The city manager or their designee shall have the authority to determine if the notice posting on the subject property met the intent of the requirements contained herein.

The applicant shall post the required number of notification signs, on the subject property, at least seven days prior to the date of the public hearing before the planning and zoning commission as follows:

Sign requirements: A minimum of one (1) sign shall be posted on the subject property, along each of its public road frontages, at a minimum spacing of one (1) sign per five hundred (500) linear feet of frontage or portion thereof.

The sign shall contain legible information and specifications as detailed in the city's notification sign requirements.

(iii)

The applicant shall provide time-stamped photos of the required notification signs, as posted on the subject property, between 8:00 a.m. on Monday and 12:00 p.m. (noon) on Wednesday, the week before the scheduled planning and zoning commission meeting. The applicant shall provide the following photos:

One legible photo of a sign showing the required information meeting the standards as provided on the signs;

One photo of each public road frontage showing that the signs are facing the right-of-way; and

An informal exhibit showing the location of the signs along the rights-of-way.

Published notice.

Published notice shall be provided in accordance with Texas Local Government Code chapter 211.

(f)

Consideration and evaluation criteria for zoning and rezoning request.

The following items shall be considered when evaluating a zoning or rezoning request:

As required by state law, whether and how the proposed zoning district's design and uses are consistent with the comprehensive plan and other adopted plans;

Whether the zoning or rezoning request would have an adverse impact on the surrounding properties and/or their residents or employees;

Whether the uses permitted in the proposed zoning district would result in an overconcentration of certain uses;

Development, zoning, and/or rezoning impacts on drainage, water utilities, sanitation, sanitary sewer utilities, roadways, and traffic;

Development, zoning, and/or rezoning impacts on city services, such as building inspections, development, police, and fire;

Whether the proposed zoning district's design and uses support and further the city council's strategic plan; and/or

(7)

Any other special circumstances that may be unique to the subject property.

(8)

In addition to the criteria above, requirements in section 9.03.134 and the following items shall be considered when evaluating a request to zone or rezone to a PD - Planned Development District:

Architecturally or historically significant features that are proposed or existing to remain (if any);

Whether the proposed PD has site-specific or development-specific constraints that cannot produce an achievable combination of use and design with straight zoning;

The extent to which the proposed PD's site design, amenities, uses, and other submitted details achieve the vision of the comprehensive plan and Lavon's desired brand with utilization of associated best practices;

The extent to which the proposed PD preserves and enhances Lavon's natural areas, trees, habitats, and/or drainage;

(E)

The extent to which the PD provides greater public benefits than what can be achieved with straight zoning;

(F)

The extent to which the proposed PD benefits the City of Lavon in exchange for PD flexibility/standards; and/or

(G)

The extent to which the proposed PD provides enhanced open space, natural asset preservation, level of amenities, etc.

(g)

Public hearing.

The planning and zoning commission shall hold a public hearing on a proposed adoption of or amendment to a zoning regulation or zoning district boundary before submitting a report to the city council. Additionally, upon compliance with all applicable notice requirements, the planning and zoning commission and the city council may hold a joint public hearing. For zoning and rezoning requests for PD - Planned Development Districts, the planning and zoning commission may recommend, and the city council may approve the request for a PD district as submitted or may make any modifications thereto as may be appropriate.

(h)

A written recommendation of the planning and zoning commission shall be forwarded to the city council. If the planning and zoning commission recommends that a proposed change to a regulation or boundary be denied, a vote of at least three-fourths (3/4) of all the members of the city council shall be required to overrule such recommendation.

After public notice and after receipt of the planning and zoning commission recommendation, the city council shall hold a public hearing regarding the proposed application, consider such application, and may take such action as determined appropriate regarding the application.

(j)

An application that has been denied without prejudice, by the city council may be resubmitted at any time for reconsideration by the city council. A new filing fee must accompany the request. The city council may deny any application with prejudice. If an application has been denied with prejudice, the application may not be resubmitted to the city for one (1) year from the original date of denial. However, a changed application may be submitted at any time.

(Ordinance 2018-03-02, sec. 9.1.2.4, adopted 3/20/18; Ordinance 2023-03-04 adopted 3/7/2023)

§ 9.03.035 Zoning district boundary rules.

The following rules shall apply in determining uncertain boundaries of a district as shown on the official zoning district map:

Where a boundary follows a public street or alley, the centerline of the street shall be the boundary.

Where a boundary follows a platted lot line, the lot line shall be the boundary.

Where a boundary follows a city limit line, the city limit line shall be the boundary.

Where a boundary follows a railroad or utility line, the boundary is the established center line of the railroad or utility right-of-way. If no centerline is established, the boundary is midway between the right-of-way lines.

Where a boundary follows the centerline of streams, rivers, canals, lakes or other bodies of water, the boundary is the centerline. The centerline is interpreted as being midway between the shorelines of the body of water. If the centerline changes, the boundaries are construed as moving with the centerline.

In cases where district boundary lines are indicated as approximately paralleling a street, alley, right-of-way, easement line or other feature existing at the time of the enactment of this ordinance, as amended, they shall be construed as parallel to or extensions of the street, alley, right-of-way, easement line, or other feature, unless otherwise specifically dimensioned on the official zoning district map.

(7)

In instances where district boundary lines divide a parcel of unsubdivided property, the precise location of the district boundary shall be determined by the use of the scale appearing on the official zoning district map, unless the boundary is indicated by a specific dimension on the official zoning district map.

(8)

Where any public right-of-way is officially vacated or abandoned, the land use district regulations applied to abutting property shall extend to the former centerline of the vacated or abandoned right-of-way.

The planning and zoning commission shall determine the location of the district boundary when uncertainty of boundaries exist that cannot be resolved by referencing subsection (a) above. Any person who is aggrieved by that determination may appeal to the city council. Appeals shall be made in writing to the city council within 10 days of the decision.

(Ordinance 2018-03-02, sec. 9.1.2.5, adopted 3/20/18)

§ 9.03.036 Zoning annexed territory.

All territory annexed into the city shall be classified as A (agricultural district), until zoning is established by the city council. The procedure for establishing zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations.

In an area classified as A (agricultural district) upon annexation:

No person shall erect or construct any building or structure in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy from the building official.