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HomeMy WebLinkAboutOrdinances (O-78-310)-01/02/1978 ~ VOLUME ~ PAGE ~..J,;{ fJ~ /1-14-79 /:03p..".,. ~. ",,\C}~ ~'.1~~:~~ ORDINANCE NO. 0-78-310 ti~v,~ ~, d;;~~ \ ~~DINANCE AMENDING ORDINANCE NO. 0-78-248, SECTION 29.4, SECTION 31.1, SECTION 33.2 AND SECTION 38.2.77 OF THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE; PROVIDING FOR PROCEDURES AND REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, THAT: Section 1. Section 29.4 of the Zoning Ordinance shall be amended as follows: 29.4 DECISION OF ZONING BOARD OF ADJUSTMENT - In exercising the above mentioned powers, the Zoning Board of Adjustment may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm wholly or partly, or may modify the order, require- ment, decision, or determination appealed from and may make suchordeG requirements, decision, or determination as ought to be made, and to that end shall have the powers of the administrative official from whom the appea lis taken. ) The concurring vote of four members of the Board ~all be necessary to reverse any order, requirement, decision, or determination of the admin- istrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the appl ication of this ordinance. The Chairperson of the Board of Adjustment will be a voting member. Section 2. Section 31.1 of the Zoning Ordinance shall be amended as follows: 31.1 Any person or persons, or any board, taxpayer, department, commission or agency of the City aggrieved by any decision of the Zoning Board of Adjustment may seek review by a court of record of such decision, and under the time I imit specified with Article 1011g (j), V.A.C.S. If no appeal has been taken from the Zoning Board of Adjustment rul ing within the time I imit specified under the above mentioned Article, the Board's rul ing shall be final. The Board of Adjustment is obI igated to hear any case brought before it in which all appl icable fees have been paid and all regulations met. Section 3. Section 33.1 of the Zoning Ordinance shall be amended as follows: 33.1 PROCEDURES AND REQUIREMENTS - The regulations and restrictions imposed and the districts and boundaries created by this ordinance may be amended from time to time by the City Council, but no such amendments shall be made without publ ic hearing before the Council and after a publ ic hearing and report has been made upon the amendment by the City Planning and Zoning Commission. At least fifteen (15) days notice of the time, place and nature of any district and boundary change hearing shall be publ ished in a publ ication having general circulation in the City of Colleyville. Written notice Ordinance 0-78-310 Page 2 -----:- VOLUME ]j? PAGE c233 \A~f~~ ,~~{i~ (\'~~Of such hearing shall be sent to all owners of real property lying ~ within two hundred (200) feet of the property on which the change and classification is proposed, such notices to be given, not less than ten (10) days before the day set for hearing, as I isted on the last approved City tax roll. SuSh notice may be served by depositing letters properly addressed and ~stage paid in the City Post Office. The appl icant will be sent notice by registered mail. f'" :,. i;'] , ,~ '~"', i~~ LiOJJirPRiiVlJ} Furthermore, the Administrative Official is directed to cause a sign to be placed upon the property clearly visible to passersby which states that the property is the subject of a rezoning appl ication, (or words of I ike intent). The sign shall be posted at least 15 days prior to the hearing and shall remain posted until the hearing. Failure to perform this particular notice provision shall, however, in no way prevent the Planning and Zoning Commission f~m hearing the appl ication and disposing of the issues involved on the hearing date. In case the City Planning and Zoning Commission does not approve the change, or in case of a protest against such change signed by the owners of (20) percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending the depth of one lot or not to exceed (200) feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not to exceed (200) feet from the street frontage of such opposite lots, filed with the City Secretary of the City, such amendment shall not be passed except by the favorable vote of three-fourths of all the members of the City Council. The Special Use Permit will require notification of surrounding prop- erty owners and notice of hearing as provided for in zoning change amendments. Only one publ ic hearing is needed to consider approving or revoking a Special Use Permit. Section 4. Section 38.2.77 of the Zoning Ordinance shall be amended as follows: 38.2.77 SPECIAL USE PERMIT - A permit authorized by the City Council for the use of land and structure requiring a site plan as set forth in Section 33.3 and a publ ic hearing as set forth in Section 33.1. The uses requiring a Special Use Permit are identified in Section 22 and have been determined to require special consideration by the City Council. Section 5. This Ordinance shall become effective and be in full force from and after the publ ication of its preamble in the official newspaper. PASSED, APPROVED, ADOPTED by the City Council of the Texas, this the ~b day of ~, 1978. If? ."" -:J>, t EIJI (,.v. JUDY L. WELCH C. L. "SMOKEY" VANOVER ~ The vote of the City Council being: Ordinance 0-78-310 Page 3 VOLUME ~ PAGE d..3f DALE R. HODGSON ~~J 1::; ~ ~y\'}:;":;f~ '1,(; ~ ,\J?,i-' \'\~ {i;\",,,~,~.\\ ' ~\::i 9~ S The 1st Reading and Public Hearing being conducted on~ 21, 1978; ,"1 The 2nd Reading and Publ ic Hearing being conducted on December ~ 1978; The 3rd Reading and Publ ic Hearing being conducted on D~%~r ~ ~ LEONARD LEAR HOWARD COLL I NS APPROVED: JOHN A. ANDREWS, Mayor ATTEST: LaVada Johnson City Secretary APPROVED AS TO FORM AND LEGALITY: Gill iland, Cates, and Flagg By: 1 vj d /f 71 I ~.