Authority to amend ordinance.
A. The Town Council may from time to time, 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 map. Any zoning ordinance regulations may be ordered for consideration by the Planning and Zoning Commission or Town Council. Any zoning district boundary amendment may be ordered for consideration by the:
1. Town Council;
2. Planning and Zoning Commission; or
3. The owner of the real property (or the authorized representative of an owner of real property).
B. In no case shall the Town Council act upon any zoning request prior to recommendation by the Planning and Zoning Commission.
C. Each applicant for zoning or for an amendment or change to the existing provisions of this zoning ordinance shall submit a zoning application (available from the Planning Department) to the Planning Department on or before a scheduled submission date and shall be accompanied by payment of the appropriate fee as established by the town. All applications received on a date other than an official submittal date shall be dated received on the next official submittal date. Applications must be complete for acceptance.
D. Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner, by the Planning and Zoning Commission, or by the Town Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown on the town records are different, the applicant shall submit written proof of ownership acceptable to the town.
E. Zoning application details.
To ensure the submission of adequate information, the Planning staff is hereby empowered to maintain and distribute a list of specific requirements for zoning applications. Upon periodic review, the Planning staff shall have the authority to update such requirements for zoning application details.
Public hearing and notice.
A. Zoning changes.
1. Prior to making its report to the Town Council, the Planning and Zoning Commission shall hold at least one public hearing on each application. Prior to the tenth day before the hearing date before the Planning and Zoning Commission, written notice of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of property within 200 feet of the property in which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. Notice of Town Council hearing shall be given by publication in the official newspaper of the town, stating the time and place of such hearing, a minimum of 15 days prior to the date of the public hearing.
2. In addition to the foregoing notice, the town shall provide written notice of each public hearing regarding any proposed adoption of or change to a zoning regulation or boundary under which a current conforming use of a property is a nonconforming use if the regulation or boundary is adopted or changed. The notice shall:
a. Be mailed by United States mail to each owner of real or business personal property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll and each occupant of the property not later than the 10th day before the hearing date;
b. Contain the time and place of the hearing; and
c. Include the following text in bold 14-point type or larger: "THE TOWN OF PROSPER IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."
B. Text amendments.
Notice of hearings on proposed changes in the text of the zoning ordinance shall be accomplished by one publication not less than 15 days prior to both the Planning and Zoning Commission and Town Council meetings thereto in the official newspaper of the town. Changes in ordinance text that do not change zoning district boundaries do not require written notification to individual property owners.
C. Zoning signs.
A zoning sign is a sign erected to publicize the request for zoning or rezoning of a property. Zoning signs are permissible subject to the following conditions:
1. Time.
a. The property owner or his/her representative shall erect the sign on the property ten days prior to the first public hearing scheduled to discuss the applicable zoning case. The property owner shall be responsible for maintaining the sign on the property throughout the entire zoning case.
b. The property owner or his/her representative must provide verification with a photograph that the zoning sign is in place ten days prior to the first public hearing meeting date.
c. The property owner or his/her representative must remove the sign within three days after the town's approval of the ordinance rezoning the property or after the town denies the request.
2. Place.
a. The sign(s) shall be placed in a location visible from all streets adjacent to the property included in the zoning request. If the subject property does not have existing street adjacency, no zoning sign shall be required.
b. Signs shall be located no greater than 20 feet from front property line, unless otherwise directed by the Director of Development Services or his/her designee. Zoning signs are not permitted in the right-of-way.
3. Manner.
a. One zoning sign shall be erected adjacent to each existing street frontage of the property. For properties under three acres and located at the intersection of two streets, one zoning sign may be provided at the intersection.
b. The area of a zoning sign shall be a minimum of 16 square feet.
c. The width of a zoning sign shall be a minimum of four feet.
d. The sign shall be constructed in accordance with Prosper's design standards for zoning signs, located in the development manual.
Failure to appear.
The Planning and Zoning Commission and/or Town Council may deny a zoning application if the applicant or representative fails to appear at one or more hearings before the Planning and Zoning Commission and/or Town Council.
Commission consideration and report.
A. The Planning and Zoning Commission, after the public hearing is closed, may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application. The Planning and Zoning Commission may table for not more than 90 days from the time it is posted on the agenda until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. Should the applicant wish to submit a request to table prior to the public hearing, the request shall be submitted in writing to the Planning Department a minimum of seven days prior to the meeting. In making their determination, the Planning and Zoning Commission shall consider, among other things, the following factors:
1. 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 town as a whole.
2. 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, and shall note the findings.
3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the town, and any special circumstances that may make a substantial part of such vacant land unavailable for development.
4. The recent rate at which land is being developed in the same zoning classification as the 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 whether such designation for other areas should be modified also.
6. Any other factors which will substantially affect the health, safety, morals, or general welfare.
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If the Planning and Zoning Commission denies the zoning request, it may offer reasons to the applicant for the denial.
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B. Proposal recommended for denial by the Commission. The affirmative vote of a majority of the Town Council present is required to overrule a recommendation of the Commission that a proposed zoning amendment, supplement, or change be denied, in accordance with the Town Charter, as it currently exists or may be amended.
Town council consideration.
A. Proposal recommended for approval by the Commission.
Every proposal which is recommended favorable by the Planning and Zoning Commission shall be automatically forwarded to the Town 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.
B. Town Council consideration and action.
Town Council, after the public hearing is closed, may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application. Should the applicant wish to submit a request to table, the request shall be submitted in writing to the Planning Department a minimum of seven days prior to the meeting.
C. Three-fourths vote (Z14-0007).
If a written protest against a proposed amendment, supplement or change to a zoning regulation or boundary has been filed with the Planning Department, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the lots or land included in such a proposed change to a zoning regulation or boundary or the area of the lots, or land, immediately adjoining the area thereof extending 200 feet therefrom or of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendments shall not become effective except by the affirmative vote of three quarters of all members of the Town Council. Written protests shall be subject to the following requirements:
1. All protests must be submitted to the Planning Department in writing. Such written protest(s) shall include the zoning case number, the name of the protesting property owner, the address(es) or property description(s) of the property for which the property owner is asserting a protest, the reasons for the property owner's protest such as the zoning classifications or uses to which the property owner is opposed, and the signature of the protesting property owner(s).
2. The protest must be filed with the Planning Department before 5:00 p.m. of the fourth working day immediately preceding the date advertised for the Town Council public hearing in the statutory notice published in the official newspaper of the Town. For example, a written protest must be received by 5:00 p.m., on the Wednesday prior to a regularly scheduled Tuesday Town Council meeting. A protest sent through the mail must be received by the Planning Department before the deadline.
3. In all cases where a protest has been properly signed pursuant to this division, the town shall presume that the signatures appearing on the protest are authentic and that the persons whose signatures appear on the protest are either owners of the property or authorized to sign on behalf of one or more owners as represented. Upon the advice of the Town Attorney, this presumption shall not be followed in a specific case based on evidence presented.
4. A person may by written request withdraw his or her signature from the protest at any time prior to the close of the public hearing for the zoning case. If the withdrawal of an owner's signature from a protest reduces the percentage of land area ownership protesting the zoning change to less than 20 percent of the total area of land, a three quarters vote of the Town Council for approval of the zoning change shall not be required.
5. In the event that multiple protests and withdrawals are filed on behalf of the same owner, the instrument with the latest date and time of execution controls.
6. At any time before Town Council action on a zoning case, the filing deadline for a protest is automatically extended whenever the zoning case is postponed or continued to a later date.
D. Denial by Town Council.
The Town Council may deny any request with prejudice. If a request has been denied with prejudice, the same or similar request may not be resubmitted to the town for six months from the original date of denial.
E. Final approval and ordinance adoption.
Approval of any zoning change, amendment, or supplement by the Town Council at the scheduled public hearing shall constitute instruction to town staff to prepare the appropriate ordinance for final formal passage at a subsequent time. If finally approved by the required number of votes, the ordinance shall be executed by the Mayor.
Board of Adjustment.
Appeal of Board decisions.
Any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer, or any officer, department or board of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the Office of the Board and not thereafter. The date of filing of the decision in the Office of the Board shall be the date the Board announces its decision either orally or in writing to the applicant.
$550.00 plus $10.00 per acre
