search icon

Alamo City Zoning Code

CHAPTER 21

ZONING ADMINISTRATION AND ENFORCEMENT

10-21-1: ZONING CHANGES, AMENDMENTS AND FEES:

   A.   Amendments:
      1.   Initiation of Amendment. An amendment, or rezoning, to the zoning ordinance or the zoning map may be initiated by any of the following:
         a.   Board of Commissioners: The Board of Commissioners may adopt a resolution to propose a zoning amendment The resolution must clearly state the proposed change and the reason for the amendment; a ‘resolution’ may include a motion made, and affirmative action taken, during the course of a Board of Commissioners’ meeting, as attested in the official minutes of said meeting.
         b.   Property Owner Petition: A formal, written petition from a property owner may propose a zoning amendment The petition must include the following:
            (1)   The petitioner’s name, address, and contact information.
            (2)   The legal description and address of the property in question.
            (3)   A clear and specific description of the requested zoning change.
            (4)   A written explanation of why the change is necessary and how it aligns with the city’s comprehensive plan. For amendments to the official zoning map, the petition must also demonstrate consistency with the Future Land Use Map component of the comprehensive plan.
            (5)   The signatures of all property owners involved in the petition.
      2.   Amendment Process.
         a.   Initial Review by the Planning Director.
            (1)   Upon receipt of a resolution, motion, or petition, the Planning Director will conduct an initial review. This review is to ensure the proposal is complete, accurate, and consistent with the city’s comprehensive plan. All proposed amendments should be consistent with the comprehensive plan, and amendments to the official zoning map should be consistent with the Future Land Use Map. The Planning Director will prepare a report with a recommendation for the Planning Commission. This report may include:
               (A)   An analysis of the proposal’s potential impact on public services, infrastructure, and neighboring properties.
               (B)   A summary of any public comments or concerns received.
               (C).   A recommendation to approve, deny, or approve with modifications.
         b.   Planning Commission Hearing.
            (1)   After the Planning Director’s report is complete, the Planning Commission will hold a public hearing to review the proposed amendment.
            (2)   Notice of the public hearing will comply with the State of Texas public noticing requirements.
            (3)   During the hearing, the Planning Commission will:
               (A)   Hear presentations from the Planning Director or the Planning Staff and the petitioner (if applicable).
               (B)   Allow for public comment from all interested parties or from a spokesperson representing the neighborhood.
               (C)   Consider the Planning Director’s recommendation and all public testimony.
               (D)   Deliberate and proceed to a formal vote to render a recommendation to the Board of Commissioners. Said recommendation may constitute one of the following dispositions:
                  i.   Approval: A recommendation to endorse the application as submitted.
                  ii.   Denial: A recommendation to reject the application.
                  iii.   Approval with Modifications: A recommendation to endorse the application subject to specified conditions, amendments, or modifications as deemed necessary by the Commission.
                  iv.   Table or Postponement: A motion to defer a vote on the application to a subsequent meeting of the Planning Commission. This option shall be exercised only when the Commission determines that additional, substantive information or documentation is requisite for a thorough and informed assessment of the application’s compliance with established criteria and regulations, thereby necessitating a delay in final action.
               (E)   The recommendation shall specifically address the consistency of the proposed amendment with the comprehensive plan, including the Future Land Use Map where applicable, the measure of assimilation to surrounding zoning districts and land uses, appropriateness of projected traffic to the city’s major thoroughfares, arterials and/or collectors, plus other precedent-setting decisions ‘of record’ made by the City of Alamo.
         c.   Board of Commissioners Hearing
            (1)   The Planning Commission’s recommendation, along with the Planning Director’s report, will be forwarded to the Board of Commissioners. The Board will then hold a second public hearing to consider the proposed amendment Notice of the public hearing will comply with Texas public noticing requirements.
            (2)   During this final hearing, the Board of Commissioners will:
               (A)   Review all documents and recommendations from the Planning Director and Planning Commission, paying particular attention to findings regarding Future Land Use Map consistency, etc. The Board shall provide an opportunity for public comment and then ‘close’ the public hearing.
               (B)   Thereafter, the Board shall deliberate on the merits of the amendment.
               (C)   Take a final vote to approve or deny the proposed ordinance.
   A simple majority vote of the Board of Commissioners is required to approve the amendment. If the amendment is approved, it will be signed by the Mayor and become part of the official zoning ordinance or an amendment to the official zoning map. If the amendment is denied, the petitioner may not re-submit a similar request (for the same zoning district sought) for a period of one year from the date of denial.
   B.   Administrative cost to process a change of zoning: As previously discussed, the Board of Commissioners may, from time to time, amend, supplement or change by ordinance the boundaries of the district or the regulations herein established. The administrative costs for these changes are enumerated below:
      1.   $400 up to 5 acres
      2.   $500 if property/tract is over 5 acres
      3.   $250 - fee paid by owner/agent when they request the item be ‘Tabled’ and, if honored, then the fee of $250 will be paid first prior to the City re-activating the rezoning public hearing process again.
   C.   Planning And Zoning Commission Review:
      1.   Before taking action on any proposed amendment, supplement or change, the City Commission shall submit same to the City Planning and Zoning Commission for its recommendation report The act of the City’s submission to the City Planning and Zoning Commission may be through the Director of Planning, the City Secretary or the City Manager, receiving an application for a change and submitting the same to the City Planning and Zoning Commission on behalf of the City Commission. Through its inherent Police Powers, the City Commission may initiate a change of zoning by taking formal action to do so, and submit the same to the Planning and Zoning Commission without the filing of an application of an individual property owner.
      2.   Prior to the City Planning and Zoning Commission making any recommendation relating to any supplement or change, it will conduct a hearing required under section 211.007 of the Texas Local Government Code, subject to any amendment thereto, which such public hearing notice presently requires written notice of such meeting on the proposed change to each owner within two hundred feet (200') of the property on which the change of classification is proposed. Such notice will be delivered before the tenth day before the hearing date. The only other notice shall be as required by the Open Meetings Act.
   D.   Public Hearing: Upon receiving the recommendation from the Planning and Zoning Commission, a public hearing shall be held by the City Commission before adopting any proposed supplement, amendment or change. Notice of such hearing shall be given as required by section 211.006 of the Texas Local Government Code subject to any amendments thereto. Such notice presently requires that before the fifteenth day before the date of the hearing notice of time and place of the hearing shall be published in the official newspaper of the City. The only other requirement of notice shall be as required by the Open Meetings Act.
   E.   Protests And Approval: Unless such proposed amendment, supplement or change has been approved by the City Planning and Zoning Commission or if a protest against such amendment, supplement or change has been filed with the City of Alamo’s Planning Director, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change or those immediately adjacent in the rear thereof extending two hundred feet (200') therefrom or of those directly opposite thereto extending two hundred feet (200') from the street frontage of such opposite lots, such amendment, supplement or change shall not become effective unless approved by four (4) members of the Board of Commissioners. (Ord. 95-04-04,4-4-1995; amd. Ord. 125-9-24,9-3-2024; Ord. 228-03-26, 3-3-2026)

10-21-2: VIOLATION AND PENALTIES:

Any person who shall violate any of the provisions of this Title or fail to comply therewith or with any of the requirements thereof or who shall build or alter any building in violation of the detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine of not more than two thousand dollars ($2,000.00), and each day such violation shall be permitted to exist shall constitute a separate offense. The owner of any building or premises or part thereof where anything in violation of this Title shall be placed or shall exist and any architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be guilty of a separate offense and, upon conviction thereof, shall be fined as hereinbefore provided. (Ord. 95-04-04,4-4-1995; amd. Ord. 228-03-06, 3-3-2026)

10-21-3: ZONING VERIFICATION/QUESTIONNAIRE SERVICE FEES:

The fee for Planning Staff to research, draft, prepare, and forward a brief and signed correspondence verifying the official zoning district for a particular property shall be $50. Should a questionnaire be requested to be completed, the established fee will be $200. There shall be no refund in whole or in part. (Ord. 121-9-24, 9-3-2024; amd. Ord. 228-03-26, 3-3-2026)