(A) Petition. Any person or corporation having a proprietary interest in any property may petition the City Council for a change, supplement or amendment to the provisions of this chapter or the Planning and Zoning Commission may on its own motion or on request from the City Council institute a study and proposal for changes, supplements and amendments in the public interest.
(B) Procedures.
(1) The City Council may, from time to time, amend, supplement, or change by ordinance the districts or the regulations herein established.
(2) (a) Before taking action on any proposed amendment, supplement, or change, the City Council shall submit the proposed revisions to the Planning and Zoning Commission for its recommendations and report.
(b) The Planning and Zoning Commission shall hold a public hearing on any request for any amendment, supplement or change prior to making its recommendation and report to the City Council.
(3) Written notice of all public hearings before the Planning and Zoning Commission on any proposed amendment, supplement, or change shall be sent to all owners of real property lying within 200 feet of the property on which the change is requested. Such notice shall be given not less than ten days before the date set for hearing by posting such notice properly addressed and postage-paid to each taxpayer as the ownership appears on the last approved city tax roll.
(4) A public hearing shall be held by the City Council before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given by publication one time in a paper of general circulation in the city, stating the time and place of such hearing, which time shall not be earlier than 15 days from the first date of publication.
(5) Unless a proposed amendment, supplement or change has been approved by the Planning and Zoning Commission, or if a protest against such proposed amendment, supplement, or change has been filed with the City Secretary, duly signed and acknowledged by the owners of 20% or more of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 200 feet therefrom, or of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, or of those immediately adjacent on either side of the area of the lots extending 200 feet therefrom, such change shall not become effective except by favorable vote of three- fourths of all the members of the City Council.
(6) The City Council may elect to hold the hearing authorized herein by division (B)(2) of this section simultaneously and jointly with the Planning and Zoning Commission hearing. In cases where the Council elects to hold joint hearings with the Planning and Zoning Commission, notices must be given as herein provided indicating that a joint hearing will be held.
(C) Limitation of resubmission of petition. No amendment, supplement, or change or repeal of any section of this chapter which has been legally rejected by both the City Council and the Planning and Zoning Commission shall be again considered either by the City Council or the Planning and Zoning Commission on an appeal or petition by an appellant or request before the expiration of one year from the date of the original action.
(Ord. 100, passed 12-12-78)
Statutory reference:
Zoning referendum, see Tex. Local Gov't Code § 211.015