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MapLink™ | Procedures | Zoning Upon Annexation

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Zoning Upon Annexation
A. General.
1. Procedural Steps.
a. 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.).
b. However, zoning approval and formal adoption of the ordinance establishing zoning must occur after annexation approval of the annexation ordinance have occurred, and as a separate and distinct action by the City Council.
2. Cases Where No Initial Zoning Action Occurs Concurrently with Annexation.
a. For any period of time following official annexation by the City until an initial zoning action has been officially adopted to zone the land, all zoning and development regulations of the Agricultural (AG) District shall be adhered to with respect to the development and use of the land.

B. Necessary Studies for Initial Zoning.
1. The City shall perform necessary studies to officially adopt a zoning district for the newly annexed land within one year from the effective date of the annexation ordinance.
2. This zoning shall be deemed the initial zoning of the newly annexed property.

C. Initial Zoning of Newly Annexed Land.
1. Within this one-year period, the City Council shall instruct the Planning and Zoning Commission and Director of Planning to study and make recommendations concerning the use of land within said annexation to promote the general welfare and to be in accordance with the Comprehensive Plan.
2. Upon receipt of such recommendations, the City Council shall, after public hearings as required by law, establish the initial district classification of said annexed property; provided, however, that this shall not be construed as preventing the City Council from holding public hearings prior to annexation and establishing the district classification at the time of said annexation.

D. Zoning Notice. The initial zoning of a land parcel, whether by initiation of the landowner or by initiation of the City, must meet the requirements for notification and public hearings as set forth in 2.10.04. Public Hearings and Notification Requirements and all other applicable State laws.

E. Within an Annexed Area Where No Initial Zoning Action has Occurred.
1. No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow the construction of a building or use permitted in the Agricultural (AG) District until the Initial Zoning of Newly Annexed Land has been approved by the City Council, except as provided in 2 below.
2. If plans and preparations for developing a property for a use other than those specified in the Agricultural (AG) District were already in progress prior to annexation of the property into the City, in accordance with 2.11.05. Zoning Vested Rights Petition, then the City Council may authorize construction of the project by a majority vote.
a. Application of this subsection is contingent upon the following:
i. 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.
ii. Existing land uses shall be allowed to continue in conformance with the vesting provisions of Chapter 245 of the Texas Local Government Code and 2.11.05. Zoning Vested Rights Petition.
3. 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.
a. Upon approval by the City Council, the Director of Planning shall notify the Building Official of such approval.