§ 151.038  AMENDMENTS.
   (A)   Generally.  The regulations, restrictions, and district boundaries created by this chapter may be amended from time to time by the Town Council.
   (B)   Amendment initiation.  An amendment to this chapter may be initiated by the Town Council on its own motion or an owner or agent having proprietary interest in any property.
   (C)   Procedure.  Any amendment to this chapter shall require public hearings to be held before the Town Council.
   (D)   Notice.
      (1)   When any amendment relates to a change in classification or boundary of a zoning district, written notice of all public hearings before the Town Council on proposed changes and classifications shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed. Such notice will be given not less than ten days before the date set for hearing, to all owners as the ownership appears on the last approved town tax roll. Such notice may be served by depositing the same, properly addressed, postage paid, in the town post office. Notice shall also be posted along with the agenda for all hearings and related meetings in accordance with the applicable laws of the State of Texas.
      (2)   When an amendment relates to a change of zoning classification or to the text of this chapter not affecting specific property, notice of the public hearings before the Town Council shall be given by publication in a newspaper of general circulation in the town without necessity of notifying property owners by mail. The notice shall state the time and place of the hearing and the nature of the subject to be considered, which time shall not be earlier than 15 days from the date of publication.
   (E)   Protest.  In case the Town Council does not approve the change, or in case of a written protest against such change, filed with the Town Secretary and signed by the owners of 20% or more, either of the area of the lots included in such proposed change, or of those lying within 200 feet of the property on which the change is requested, the amendment shall not be approved except by the favorable vote of three-fourths of all members of the Town Council.
   (F)   Frequency of petition.  A property owner, lessee, developer or option holder may petition the Town Council for an amendment to the text or district map of this chapter, provided that before any action shall be taken as provided in the section, the party or parties petitioning for amendment shall deposit with the Town Secretary the fee amount stipulated by resolution of the Town Council to cover the approximate cost of this procedure, and under no condition shall said sum or any part thereof be refunded for failure of such proposed amendment to be enacted into law. A party shall not initiate the same action for a zoning amendment or specific use permit affecting the same land more often than once every 12 months.
(Ord. 312, passed 6-22-2010)