(A) Action to rezone one or more tracts of land from one or more zoning districts to another zoning district or districts may be initiated by any landowner or group of landowners, by the Commission, or by the Council.
(1) Any individual landowner seeking to change the zoning of a tract to another zoning district shall make application with the Zoning Administrator as stipulated below.
(2) Any group of landowners jointly seeking rezoning of their contiguous tracts (or tracts separated only by a public right-of-way) to the same zoning district shall select an agent to act in their behalf and make application with the Zoning Administrator as stipulated below. The applicants will be required to make a deposit in the amount of the normal application fee pending the Council’s decision on initiating the application.
(3) Any group of landowners seeking to change the zoning of tracts or portions of tracts into various zoning districts must apply for the rezoning as individuals.
(4) The Commission may initiate a change in zoning. The Commission will provide the Zoning Administrator with sufficient instructions to initiate the application, including accurate demonstration of the area for which rezoning is desired and the zoning district or districts requested.
(5) The Council may initiate a change in zoning. The Council shall provide the Zoning Administrator with sufficient instructions to initiate the application including accurate determination of the area for which rezoning is desired, and the zoning district or districts requested.
(B) Application:
(1) The application for a rezoning request must be made by the titleholders, their attorney in fact, an agent as in division (A)(2) above or the Commission or the Council;
(2) An application for a rezoning shall be obtained from the Zoning Administrator, and shall contain the following minimum information:
(a) Name, mailing address and contact telephone number of the property owners, their attorney in fact or an agent as in division (A)(2) above;
(b) Legal description and street or mailing address, if any, of the property for which the rezoning is requested. A copy of the deed to the property, with recording data, and a copy of any power of attorney must be included as a part of the application;
(d) Current zoning district or districts;
(e) Requested zoning district or districts. The district or the limits of various districts requested shall be shown on the accompanying maps and plans;
(f) The applicant shall attest to the accuracy of all information given on or accompanying the application;
(g) A landowner is encouraged to consult with the Zoning Administrator before submitting and application; and
(h) An application must be accompanied by a nonrefundable filing fee in the amount set by the Council.
(C) Processing:
(1) Upon application by landowner, the Zoning Administrator will review the application for completeness and compliance with this chapter. Should additional information or modification to the application be necessary, the Zoning Administrator will advise the applicant.
(2) Upon application by Council:
(a) The Zoning Administrator shall have a map prepared to an appropriate scale which shall show the owner of each tract within the area to be rezoned as well as the current and the proposed zoning district or districts of each tract; and
(b) The Zoning Administrator shall verify that the map is correct with respect to ownership and zoning district requested or with the Mayor and/or Commission Chairperson, as appropriate, as to delineation of the existing and proposed zoning districts shown thereon.
(3) The Zoning Administrator, upon determining that an application is complete, shall then initiate the following actions:
(a) Prepare a list, using a current tax appraisal map and the current city tax roll, of all owners of any property in the city that is within the area to be considered for rezoning and within 200 feet of the area;
(b) Determine the date of the next meeting of the Commission, not less than three full weeks and not more than seven full weeks from the date of the application, and place the request on the agenda of the Commission and schedule a public hearing thereon;
(c) Mail a letter to each of the owners of property within the area proposed for rezoning and within 200 feet thereof, stating the purpose of the request; street address of the property for which rezoning is requested; date, time and place of the public hearing before the Commission; and that comment about the request must be made in writing or verbally before the Commission. The letters shall be sent at least 11 days before the date of the public hearing. If a joint public hearing by the Council and the Commission is scheduled on the request, the letters shall state that fact;
(d) Post the Commission agenda in a public location at City Hall in accordance with the State Open Meetings Act (Tex. Gov’t Code, Ch. 551); and
(e) At least 11 days before the hearing date, a legible sign shall be placed at the front or in the front yard of the property, adjacent to a street. The sign shall read: “Zoning change requested for this property. For more information call City Hall” and shall list the telephone number. The applicant requesting the change shall authorize the city to install this sign as part of the rezoning application. It is unlawful for a person to intentionally or knowingly damage, remove, or deface any such sign during the time between initial placement and the city’s final decision on the application. However, the placement, erection or continued maintenance of the sign shall not be deemed a condition necessary for the holding of any public hearing or the granting or denial of any zoning change.
(4) The Zoning Administrator shall prepare a statement for presentation at the public hearing before the Commission. The statement shall contain as a minimum:
(a) Any information bearing upon the request that may not be evident from the application; and
(b) Impact of approval of the zoning change upon utility service, drainage, streets, parking, police protection and fire protection in the local area.
(5) Commission action:
(a) The Commission shall hold a public hearing pertaining to the rezoning request and shall receive comment in writing or verbally. If notice of a joint public hearing by the Commission and Council has been given, the public hearing may be conducted jointly by the Commission and Council;
(b) The Commission shall consider the staff statement; and
(c) The Commission shall recommend to the Council that the rezoning request should be approved, approved with modification or denied.
(6) Council action:
(a) The City Clerk shall publish a notice in a local newspaper of a public hearing by the Council on the request at least 16 days before the hearing date. The notice shall state the date, time, and place of the public hearing, the street address of the property, the purpose of the request, and that comments about the request can be made in writing or verbally before the Council. If a joint public hearing by the Council and Commission is scheduled on the request, the notice shall state that fact.
(b) The Council shall hold a public hearing to receive comments in writing or verbally, shall consider the staff statement, shall review the minutes of the Commission meeting concerning such request (if the public hearing is not a joint hearing with the Commission), and shall consider the recommendation of the Commission. If notice of a joint public hearing by the Commission and Council has been given, the public hearing may be conducted jointly by the Commission and Council;
(c) The Council shall approve, approve with modification or deny the request. The Council will endeavor to make a decision on the request within 60 days of the date public hearing. The Council must make a decision on the request within 90 days of the public hearing date, or the City Clerk will be required to publish notice of another public hearing on the request and the Council will be required to conduct another public hearing on the request before the Council makes a decision on the request;
(d) If the Council is serving as the Commission, the Council may not adopt the proposed change until the thirty-first day after the date the notices of the public hearing before the Commission are sent under division (C)(3)(c) above.
(e) A majority vote of the Council members present will be sufficient to approve a request unless a proposed change in zoning is protested in written form and signed by the owners of at least 20% of either the area of the lots or land covered by the proposed change, or the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area; and
(f) A written protest must be on a form obtained from the city and entitled “written protest of proposed zoning change” or in a letter or petition containing the same information as required on the form, and must be completed, signed and filed no later than two working days prior to the date of the Council public hearing. Protests totaling at least 20% of either the area of the lots or land covered by the proposed change, or the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area, shall require the proposed change to receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the City Council. A person who wishes to withdraw a signature from a written protest must submit a signed, written request for the withdrawal to the City Clerk by the deadline for submitting a written protest for the withdrawal to be effective.
(7) Subsequent actions:
(a) Should there be any objection to the Council action, the objecting parties must file an appropriate petition within ten days to a court of competent jurisdiction and must submit a copy of the petition to the Zoning Administrator before the petition is filed;
(b) If notice has not been received of an appeal within ten full days of the Council action, the City Clerk shall have notice of the enactment of the ordinance published in a local newspaper; and
(c) The Zoning Administrator shall have the official zoning map amended as provided in § 155.004(H) above.
(Ord. 08-347, passed - -2008; Ord. 2013-08-20-1, passed 8-20-2013)