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(A) Authority. The City Council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established.
(B) Submission to experts. Before taking action on any proposed amendment, supplement or change, the City Council may submit the proposed revision to the City Engineer, City Attorney or other experts of its choosing, for their recommendation and report.
(C) Public hearing. A public hearing shall be held by the City Council before adopting any proposed amendment, supplement or change. Notice of the hearing shall be given by publication one time in a paper of general circulation in the city, stating the time and place of the hearing, which time shall not be earlier than 30 days from the first date of publication.
(D) In case of protest. In a case of a protest signed by the owners of 20% or more of the area of the lots included in the proposed change, or of those immediately adjacent or within an area extending 200 feet from the proposed area of change, the change shall not become effective except by the favorable vote of three-fourths of all members of the City Council.
(E) Petition by owners. Whenever the owners of at least 50% of all the property situated within the area bounded by a line of 200 feet in all directions from the site of any proposed change shall present a petition, duly signed and acknowledged, to the City Council, requesting an amendment, supplement or change of the regulations prescribed for the property, it shall be the duty of the City Council to vote upon the proposal presented by the petition within 90 days after the filing of same with the City Council, in accordance with the above procedure.
(F) Limitation on re-submission of petition. No amendment, supplement or change of repeal of any section of this subchapter which has been legally rejected by the City Council shall be considered again by the City Council on an appeal or petition by the appellant or application before the expiration of one year.
(Ord. 3-86, passed 6-12-1986; Ord. 2-7-98, passed 7-9-1998)
(A) Council to serve as Planning and Zoning Commission. The Planning and Zoning Commission of the city is hereby abolished and its functions, duties, responsibilities policies, practices and procedures shall be assigned to the City Council.
(B) Organization.
(1) The Mayor and Mayor Pro-Tem shall serve as Chairperson and Vice-Chairperson and the members of the City Council shall serve as Members of the Planning and Zoning Commission and shall have the power to employ such qualified persons as may be necessary for the proper conduct of planning and zoning, land use planning, subdivision requirements and flood plain control; and to pay for their services and such other necessary expenses provided that the cost of the services and expenses shall not exceed the amount budgeted by the City Council for those purposes.
(2) The City Council shall have the power to make regulations for its own practices and procedures which shall conform as nearly as possible to those governing the City Council in its other conduct of city business, the rules shall include among other items, provisions for:
(a) Regular and special meetings open to the public;
(b) Records of its proceedings to be open for inspections by the public;
(c) Reporting to the public from time to time; and
(d) For the holding of public hearings prior to the adoptions of its recommendations.
(C) Council’s function as Planning and Zoning Commission. The City Council while serving as a Planning and Zoning Commission shall have the power and it shall be its duty to make and recommend for adoption a master plan, as a whole or in parts for the future development and redevelopment of the municipality and its environs and shall have the power and it shall be its duty to prepare a comprehensive plan of ordinances for zoning the city and in accordance with the applicable laws of the State of Texas. The Council as Planning and Zoning Commission shall perform such duties as may be prescribed by ordinance or state law.
(Ord. 3-86, passed 6-12-1986; Ord. 2-7-98, passed 7-9-1998)
In interpreting and applying the provisions of this subchapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this subchapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this subchapter imposes a greater restriction upon the building or premises or upon height of building, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provision of this subchapter shall govern.
(Ord. 3-86, passed 6-12-1986)
PLATS AND SUBDIVISIONS
(A) In the interpretation and application of the provisions of this subchapter, it is the intention of the City Council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions in the city and in its extra-territorial jurisdiction; and, where other ordinances of the city are more restrictive in their requirements, those ordinances shall control.
(B) The procedure and standards for the development, layout and design of subdivisions of land within the corporate limits and within the extra-territorial jurisdiction of the city are authorized by Tex. Loc. Gov’t Code, Ch. 212.
(C) The extra-territorial jurisdiction of the city is now one-half mile from the corporate limits. As the city grows, the extra-territorial jurisdiction will be extended in accordance with Tex. Loc. Gov’t Code, Ch. 43 and the requirements of this subchapter shall be extended into any and all new areas of extra-territorial jurisdiction.
(Ord. 11-5-98, passed 11-5-1998)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and engineering practices.
CITY ENGINEER. The city’s on-staff engineer or consulting engineer.
COUNCIL. The City Council of Godley, Texas.
EASEMENT. A right granted for the purpose of limited public or semi-public use across, under or over private land.
FILING. The state mandated 30-day period for action on any document submitted in accordance with this subchapter under Tex. Loc. Gov’t Code, § 212.009 shall begin when:
(1) The preliminary plat is deemed filed when all fees, documents and drawings required hereunder are filed with the City Secretary;
(2) The final plat is deemed filed when the approved preliminary plat along with any stipulations and/or conditions required by the Commission have been filed with the City Secretary as a final plat and when all necessary fees, documents, certifications and drawings required hereunder are in the possession of the City Secretary;
(3) If at any time the City Secretary deems that required information has not been provided for whatever reason, the filing shall be deemed canceled and begin again upon the filing of the required information; and
(4) A rejected document, during the appeal, is deemed unfiled and time limits are tolled (the appeal will be heard at the next meeting of the Commission or Council or ten days, which ever is shortest).
FINAL PLAT. A complete and exact subdivision plan submitted to the Council for final approval and which, if approved, shall be submitted to the County Clerk of Johnson County, Texas, for recording.
LOT. Any land occupied by a building and its accessory buildings, including such open space as is required by ordinances of the city; and having its principle frontage upon a public street or officially-approved place.
LOT OF RECORD. Any lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Johnson County.
PUBLIC WORKS DIRECTOR. The person designated by the Mayor to administer the provisions of this subchapter.
STREET. A way for vehicular traffic, whether designated a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated.
(1) ARTERIAL STREETS AND HIGHWAYS. Those which are used primary for fast or heavy traffic or which are designated in the Master Plan as a primary street, expressway or freeway.
(2) COLLECTOR STREETS. Those which carry traffic from minor streets to a major system of arterial streets and highways, including the principle entrance streets of a residential development and streets for circulation within the development and which are designated in the Master Plan as secondary streets.
(3) CUL-DE-SAC. A short, minor street having but one vehicular access to another street and terminated by a vehicular turn-around.
(4) DEAD-END STREET. A street with only one opening, other than a cul-de-sac.
(5) MARGINAL ACCESS STREETS. Minor streets which are parallel and adjacent to arterial streets and highways, and which provide access to abutting property and protection from through traffic.
(6) MINOR STREETS. Those which are used primarily for access to abutting property.
STANDARD. The official city maps, master plan, ordinances and other specifications of the city.
SUBDIVISION AND RELATED TERMS. The division of a parcel of land into tracts of land; the dedication of streets or easements; or for use for building development, provided that a division of land for agricultural purposes into lots or tracts of five acres or more, and not involving a new street or alley, shall not be deemed to be a subdivision. The term RESUBDIVISION and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. The terms SUBDIVIDER and DEVELOPER are synonymous and are used interchangeably and shall include any person, partnership, firm, association, corporation and/or any officer, agent, employee, servant and trustee thereof who does, or participates in the doing of, any act towards the subdivision of land within the intent, scope and purview of this division.
(Ord. 11-5-98, passed 11-5-1998; Ord. 02032015-SUBD, passed 2-3-2015)
The subdivider shall avail themselves of the advice and assistance of the city officials and consult early and informally with the Public Works Director, or other person designated, before preparing the preliminary plat and before formal application for its approval in order to save time and money and make the most of available opportunities.
(Ord. 11-5-98, passed 11-5-1998)
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