§ 6. Zoning upon annexation.


Latest version.
  • 6.1

    As soon as practical following annexation, but in no event more than 180 calendar days thereafter, the city council shall, on its own motion or upon application by property owners of the annexed area, initiate proceedings to establish appropriate zoning on the newly annexed territory, thereupon the municipal development department shall commence public notification and other standard procedures for zoning amendments as set forth in section 10 of this ordinance. Said 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.), however zoning approval and formal adoption of the ordinance establishing zoning must occur after annexation approval and adoption have occurred, and as a separate and distinct action by the city council. For the period of time following official annexation by the city until a zoning action has been officially adopted to zone the land, the interim zoning of the land shall be considered to be agricultural ("AG"), and all zoning and development regulations of the "AG" zoning district shall be adhered to with respect to development and use of the land that has been newly annexed. This interim "AG" zoning classification shall continue until the zoning of the property has been officially changed in accordance with section 10 of this ordinance.

    6.2

    The initial zoning of a land parcel, whether or not it is interim in nature, by initiation of the landowner or by initiation of the city, must meet the requirements for notification and public hearings as set forth in section 10 of this ordinance and all other applicable state laws.

    6.3

    The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of the petition for annexation, but no such annexation application may be made conditioned upon the approval of any particular zoning classification.

    6.4

    Within an area classified as "AG" (agricultural):

    A.

    No permit for the construction of a building or use of land shall be issued by the municipal development department, or his/her designee, other than a permit which will allow the construction of a building or use permitted in the "AG" district, unless and until such territory has been classified in a zoning district other than the "AG" district by the city council in the manner prescribed by section 10, except as provided in subsection B. below.

    B.

    If plans and preparations for developing a property for a use other than those specified in the "AG" district were already in progress prior to annexation of the property into the City of Terrell, then the city council may authorize construction of the project by a majority vote. Application of this subsection is contingent upon the following:

    1.

    An application for a building permit for the proposed building or use must be made to the municipal development department of the City of Terrell (or his/her designee) within three months (i.e., within 90 calendar days) after annexation of the property into the city; and

    2.

    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.

    C.

    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. Upon approval by the city council, the municipal development director (or his/her designee) shall notify the building official (or his/her designee) of such approval.