(A) General requirements.
(1) The City Council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established.
(2) Before taking any action of any proposed amendment, supplement or change, the City Council shall submit the same to the Planning and Zoning Commission for review and recommendations.
(3) A public hearing shall be held by the governing body before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication one time in the official newspaper of the city stating the time and place of such hearing, which time shall not be earlier than 15 days from date of publication.
(4) 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, either of the area of the lots included in such proposed change or those immediately adjacent in the rear thereof, extending 200 feet or if those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by three-fourths vote of the governing body, as per Tex. Local Gov't Code, § 211.006.
(B) Procedure for change of zoning request.
(1) Application and fee.
(a) An application for a zoning change request shall be completed and signed by the property owner or his or her agent. The applicant shall provide a description of the subject property and shall state the specific zoning classification desired without alternatives. One copy of a plain metric map showing boundary dimensions, adjacent property not separated by a street or alley, and all existing buildings on the subject property shall be submitted with the zoning change request.
(b) A fee of $250.00 shall be charged to defray the costs of processing an application.
(2) Commission public hearing.
(a) The zoning change request is scheduled for a public hearing before the Commission at their next regular meeting.
(b) Fifteen days prior to the hearing, a notice of public hearing shall be published in the official newspaper of the city and all property owners within 200 feet of the subject property shall be notified.
(3) Council public hearing.
(a) Public notice of the hearing shall be given not less than 15 days before the date set for the hearing.
(b) The Council may sustain or reverse the approval or denial of the Commission by a simple majority vote.
(c) Action by the City Council is final and the same request may not be brought before the Commission again for one year.
(C) Procedure for specific use in any zoning classification.
(1) Application and fee.
(a) An application for a specific use shall be completed in duplicate and signed by the property owner or his or her authorized agent. The applicant shall provide a description of the subject property, and shall state the specific use desired. One copy of a plain metric map as outlined in this section, must accompany the application.
(b) A fee of $250.00 shall be charged to defray the costs of processing an application.
(2) Commission public hearing.
(a) Fifteen days prior to the hearing, a notice of public hearing shall be published in the official newspaper of the city and all property owners within 200 feet of the subject property stall be notified.
(b) The Commission shall make a recommendation to the City Council.
(3) Council public hearing.
(a) Public notice of the hearing shall be given not less than 15 days before the date set for the hearing.
(b) The City Council shall approve or deny each application for a specific use, including the stipulations of additional conditions and guarantees that such conditions will be complied with when deemed necessary for the protection of the public interest.
(4) Specific use standards.
(a) No specific use shall be approved, unless the City Council shall find that:
1. The specific use will not be injurious to the use and enjoyment of other property in the immediate area for purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;
2. The establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in area;
3. Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;
4. Adequate measures have been or will be taken to provide sufficient off-street parking and loading spaces to serve the proposed use;
5. Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.
(b) Any use permitted under the terms of any specific use shall be established and conducted in conformity to the terms of such permit and of any conditions designated in connection therewith.
(D) Re-plats which affect zoning classifications. In the event any re-plat of any property in any manner changes or amends the zoning classification of any lot or portion of a lot and/or changes or amends a zoning district boundary line, then such re-plat shall not be approved unless and until such change or amendment in zoning classification and/or zoning district boundary line has been approved pursuant to the procedures specified in this section for a change of zoning request, including the public hearing and notice requirements contained herein.
(E) Procedure for right-of-way closure.
(1) Definitions. THOROUGHFARE means any public street, alley or other public right-of- way that has been accepted and appropriated by the city by use, entry, or improvement.
(2) Requests. Requests for thoroughfare closures shall be made by filing an application with the Planning Department on a city form. Such requests must be delivered to the department with the required fee at least 28 days prior to the public hearing by the Planning and Zoning Commission. The following shall also be submitted as part of the application.
(a) A petition signed by the owners of at least 75% of the property owners adjacent to the subject right-of-way. Owners of such adjacent property shall be determined by the latest approved city tax roll.
(b) List of surrounding property owners.
(c) Authorization of agent.
(d) A map and/or plat of the area.
(3) Fees. The applicant shall include with the application a non-refundable fee in the amount of $100.00. Such fee shall be applied to the cost of processing the application.
(4) Notices; before Planning and Zoning Commission. Written notices shall be sent to all owners of real property whose property lies within 200 feet of the requested thoroughfare closure excluding all rights-of-way. Such notices shall be given not less than 15 days before the date of public hearing before the Commission. Ownership will be determined by the latest approved city tax roll. Notices shall contain the date, time and place of the public hearing, and a description and location of the requested closure.
(5) Public hearings.
(a) Commission. The Commission shall hold at least one public hearing on all requests.
(b) City Council. The Council shall hold at least one public hearing an all requests brought before it either by appeal or upon favorable recommendation by the Commission.
(6) Action by Commission. The Commission shall submit its recommendation to the Council via the Planning Department. Requests denied by the Commission may be appealed to the Council, as herein provided. Failure to appeal within the time prescribed shall render the action of the Commission final.
(7) Appeals. Appeals from the recommendation of denial by the Commission shall be made by filing a written notice with the Planning Department not less than ten days after denial by the Commission.
(8) Action by Council. The Council shall hear all requests for thoroughfare closures affirmatively recommended by the Commission or appealed to it as herein provided. The action taken by the Council shall be final.
(9) Re-application. When a request for a thoroughfare closure has been denied by the Commission and not appealed to the Council or has been heard by the Council and denied, similar requests shall not be accepted by the Planning Department for a period of six months from the date the submission of the original requests.
(`87 Code, Zoning Ordinance, Art. IV, § 5) (Am. Ord. 1990-16, passed 10-2-90; Am. Ord. 2002-25, passed 2-19-02)