PD194-CS010808 T H E ¢ I T Y 0 F'
COPPELL
August 8, 2001
Henry Knapek
Transwestem Commercial Services
5001 Spring Valley Road, Suite 600-W
Dallas, TX 75244
RE: Property owner requirements for filing application
Dear Mr. Knapek:
Please allow this letter to serve as verification of Section 12-44-2 (Authority to amend
ordinance) of the Coppell Zoning Ordinance. As stated in the ordinance, "Consideration for
a change in any district boundary line or special zoning regulation may be initiated only with
written consent of the property owner, or by the planning and zoning commission or city
council".
Please see the attached copy of Section 12-44-2, as well as a copy of a Coppell Zoning
application, which clearly indicates that the property owner must file the application or give
authority to a representative to file the application.
If I can be of further assistance, please call me at (972) 304-3677 or e-mail at
aroy ~(~ci.coppell.tx.us.
Sincerely,
Andrea L. Roy
City Planner
Enclosures
255 PARKWAY ~ P.O.BOX 478 ~ COPPELL TX 75019 ~ TEL 972/462 0022 ~ FAX 972/304 3673
ZONING § 12-44-3
Sec. 12-43-5. Temporary certificate. 2. To recognize changed or changing condi-
tions or circumstances in a particular
Pending the issuance of a regular certificate, a locality.
temporary certificate of occupancy may be issued
by the building official for a period not exceeding 3. To recognize changes in technology, the
six months, during the completion of alterations style of living, or manner of doing busi-
or during partial occupancy of a building pending ness.
its completion. Such temporary certificates shall (Ord. No. 91500)
not be construed as in any way altering the
respective rights, duties, or obligations of the Sec. 12-44-2. Authority to amend ordinance.
owners or of the city relating to the use or The city council may from time to time, after
occupancy of the prem/ses or any other matter receiving a final report thereon by the planning
covered by this ordinance, and zoning commission and after public hearings
(Ord. No. 91500) required by law, amend, supplement, or change
the regulations herein provided or the boundaries
See. 12-43-6. Certificates for nonconform- of the zoning districts. Any amendment, supple-
ing uses. ment, or change to the text of the zoning ordi-
nance may be ordered for consideration by the
A certificate of occupancy shall be required for city council, be initiated by the planning and
all lawful nonconforming uses of land or buildings zoning commission, or be requested by the owner
created by adoption of this ordinance. Application of real property, or the authorized representative
for such certificate of occupancy for a nonconform- of an owner of real property.
ing use shall be filed with the building official by Consideration for a change in any district bound-
the owner or lessee of the building or land occu- ary line or special zoning regulation may be
pied by such nonconforming use within one year initiated only with written consent of the property
of the effective date of this ordinance. It shall be owner, or by the planning and zoning commission
the duty of the building inspector to issue a
or city council on its own motion when it finds
certificate of occupancy for a lawful nonconform-
that public benefit will be derived from consider-
ing use, but failure to apply for such certificate of
ation of such matter. In the event the ownership
occupancy for a nonconforming use shall be evi-
stated on an application and that shown on the
dence that said nonconforming use was either
illegal or did not lawfully exist at the effective city records are different, the applicant shall
submit proof of ownership.
date of this ordinance.
(Ord. No. 91500) Minor corrections of any mistake or error in-
volving a zoning ordinance or the official zoning
map can be made without the necessity of notice
ARTICLE 44. AMENDMENTS AND and public hearings normally required in c0nnec-
ADMINISTRATIVE PROCEDURES tion with a change of zoning or other amendment
to the zoning ordinance.
Sec. 12-44-1. Declaration of policy. (Ord. No. 91500)
The city declares the enactment of these regu- Sec. 12-44-3. Public hearing and notice.
lations governing the use and development of
land, buildings, and structures as a measure Prior to making its report to the city council on
necessary to the orderly development of the com- a request for a change in a zoning district classi-
munity. Therefore, no change shah be made in fication or boundary, the planning and zoning
these regulations or in the boundaries of the commission shall hold at least one public hearing
on each change. Written notice of all public hear-
zoning districts except: ings shall be sent to each owner, as indicated by
1. To correct any error in the regulations or the most recently approved city tax roll, of real
map. property, within 200 feet of the property on which
CD12:115
§ 12-44-3 COPPELL CODE
the change in classification is proposed. The mea- 2. Proposal recommended for denial: When the
surement of 200 feet includes streets and alleys, final report of the planning and zoning commis-
The notice may be served by/ts deposit in the city, sion recommends denial of a zoning change or
properly addressed with postage paid, in the other amendment to the zoning ordinance, the
United States mail. report shall be forwarded to the city council and
the applicant shall be notified. A hearing before
Notice must be given not less than ten days the city council shall be set on an application
before the date set for hearing. If the property recommended for denial only when an appeal is
within 200 feet of the property on which the filed by the applicant with the planning depart-
change is proposed is located in territory annexed ment, within 15 days from the date of the recom-
to the city and is not include on the most recently mendation for denial. When the final report of the
approved city tax roll, the notice of the time and planning and zoning commission recommends de-
place of the hearing must be published in an nial of a zoning change or other amendment to the
official newspaper in the city. zoning ordinance which application was origi-
Before the city council holds the public hearing nally initiated by the city council, the report shall
on a request for a change in zoning district be forwarded to the city council for public hearing.
classification or boundary, a notice of the time and
place of the hearing must be published in the 3. Council hearing and notice: Notice of the
official newspaper in the city at least 15 days time and place of the public hearing before the
before the hearing, city council, shall be published one time in the
( Ord. No. 91500-A-49) official newspaper of the city at least 15 days prior
to the date of the hearing.
Sec. 12-44-4. Failure to appear. 4. Three-fourths vote: The three-fourths"vote
provision shall be required under the follo~ring ~
Failure of the applicant or his representative to circumstances:
appear before the planning and zoning commis-
sion for more than one hearing without an ap- a. The affirmative vote of at least three-
proved delay shall constitute sufficient grounds fourths of all the members of the city
for the planning and zoning commission to termi- council shall be required to overrule a
hate the application, recommendation of the of the planning
(Ord. No. 91500) and zoning commission that a proposed
change be denied.
Sec. 12-44-5. Commission consideration and
report, b. If a proposed change to a regulation or
boundary is protested in accordance with
The planning and zoning commission, after the this subsection, the proposed change must
public hearing is closed, shall its report and receive, in order to take effect, the affir-
recommendations on the proposed change to the mative vote of at least three-fourths of all
city council, members of the council. The protest must
(Ord. No. 91500) be written and signed by the owners of at
least 20 percent of either: (i) the area of
Sec. 12-44-6. Council consideration, lots or land covered by the proposed change;
or (ii) the areas of lots or land immedi-
1. Proposal recommended for approval: When ately adjoining the area covered by the
the final report of the planning and zoning com- proposed change and extending 200 feet
mission recommends approval of the zoning change from that area. In computing the percent-
or other amendments to the zoning ordinance, the age of land area, the area of streets and
report shall be forwarded to the city council for alleys shall be included. " ~,
public hearing thereon. (Ord. No. 91500) ~.
CD12:116
Planning Department
255 Parkway Blvd.
Coppell, Texas 75019
Phone: 972-304-3678
Fax: 972-304-7092
Filing Date: Filing Fee:
Name of Applicant:
Applicant Address:
Telephone Number: Fax Number:
Zoning Requested:
Total Number of Acres:
Property Location:
Reason(s) for Zoning Change:
NOTE:
Applicant is responsible for erecting, maintaining and removing a sign notifying the public of
the pending zoning application. The sign shall be posted ten (10) days prior to the Planning
Commission meeting and shall be removed after the City Council's approval or disapproval of
the application.
Failure to erect the sign at least (10) days prior to the Planning Commission hearing may result
in postponement of the zoning case until this condition is met.
A deposit in the amount of one hundred dollars ($100.00) will be required of the applicant when
he or she requests a sign. The deposit will be refunded by mail after the sign is returned in good
condition to the Planning Department.
Name of Representative:
Name of Owner:
Owner's Signature: Date:
U:/Central/P&Zsrf/Submission Forms App and Checklists/Zone App