(a)

The city council of the City of Alice, may, from time to time, amend, supplement, change, modify or repeal the regulations and restrictions as are established herein and may restrict, extend or change the boundaries of the various districts established herein.

(b)

Any proposed supplement, change, modification or repeal shall first be submitted to the planning and zoning commission of the city for its report and recommendation to the city council. The planning and zoning commission shall cause written notice of hearings before it on proposed changes in classifications to be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed, such notice to be given, not less than ten days before the date set for hearing, to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid in the city post office. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date of making the renditions which are included in the last approved city tax roll, notice to such owners shall be given by publication published in an official paper or paper of general circulation in the city at least 15 days in advance of the time of such meeting giving the time and place of the hearing.

(c)

No amendments, supplements, change, [or] modifications established herein shall be effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing before the city council shall be published in an official paper or paper of general circulation in the city.

(d)

In the event of a protest against such change in the regulations and restrictions as established herein, signed by the owners of 20 percent or more either 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, such amendments shall not become effective except by the favorable vote of three-fourths of the city council.

(e)\[(1)] In the event the planning and zoning commission recommends against the proposed supplement, change, modification or repeal, the proponent of such proposed amendment, supplement, change, modification or repeal may appeal to the city council within ten days from the date the planning and zoning commission held its public hearing if:

a.

There exists evidence that the planning and zoning commission was unduly prejudiced against the proposed amendment, supplement, change, modification or repeal; or

b.

There exists new, relevant and substantial evidence with regard to the proposed supplement, change, modification or repeal which was not available for presentation to the planning and zoning commission at the public hearing.

Such appeal shall be in writing and sworn to by the proponent.

[(2)]

The city council may:

a.

Elect to set a public hearing on said appeal and at least 15 days' notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the city; or,

b.

Elect to return such matter to the planning and zoning commission for the rehearing of the proponent's request for the amendment, supplement, change, modification or repeal.

(f)

The meetings herein provided to be held before the planning and zoning commission and city council may be held jointly in one meeting before both bodies; however, in such case notices by mailing as are required in meetings before the planning and zoning commission and notices by publication as required in case of meetings before the city council shall be complied with and such joint meetings shall be held in compliance in all respects with the laws of the State of Texas.

(g)

The application forms attached hereto as exhibit A and entitled proposal to amend the Zoning Ordinance shall be completed by and filed by the proponent of the supplement, change, modification or repeal, with the inspection department of the city.

(h)

A proposal denied by the city council shall not be received nor filed as a new request until six months have lapsed from the date the original proposal was denied by the city council.

(Ord. No. 1090, § 1(17-6-1), 10-24-1983)

All applications for the rezoning of any property shall be accompanied by an application fee of $200.00 which shall be paid into the general fund of the City of Alice, Texas, of which said sum, $100.00 will be refunded to the applicant if there is no subsequent public hearing before the city council.

(Ord. No. 1090, § 1(17-6-2), 10-24-1983; Ord. No. 1650, § 3, 9-25-2000)

Applications for a special exception permit shall be accompanied by a fee of $125.00 which shall be paid into the general fund of the City of Alice, Texas. Payment of special exception permits shall not be refundable in whole or in part.

The purpose of the regulations described by this article [chapter] is to allow the compatible and orderly development, within the city, of uses, which may be suitable only in certain locations in a zoning district if developed in a specific way or only for a limited period of time. At no time may a structure or property be adapted to a special exception without first obtaining a special exception permit.

(a)

The property owner or certified agent shall make application on a form prescribed by the city and such application shall provide drawings of site plan. Obtaining a special exception permit does not exempt the applicant from complying with requirements of the building code or other ordinances.

(b)

Site plans will be required. The purpose of the site plan is to ensure compliance with the Zoning Ordinance and to assist in the orderly and harmonious development of the City of Alice, the stability of land values and investments, and enhancement of the general welfare. The applicant shall file with the planning director one copy of his site plan. The site plan shall contain drawings to scale to indicate as needed:

(1)

The location of all structures on the subject property and on adjoining property;

(2)

Landscaping and/or fencing of yards and setback area and proposed changes;

(3)

Design of ingress and egress;

(4)

Off-street parking and loading facilities;

(5)

Height of all structures;

(6)

Proposed uses; and

(7)

The location and types of all signs, including lighting and heights.

(c)

The planning and zoning commission may permit a special exception permit subject to appropriate conditions and safeguards when the commission finds:

(1)

That the proposed use meets all the minimum standards established in this ordinance and other applicable ordinances.

(2)

That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property.

(3)

That the proposed use shall meet the following conditions:

a.

The area used in conducting the home occupation will be clearly secondary to the residential use.

b.

There will be no sign. A name plate of not more than one square foot in area identifying the name of the owner and his title or occupation may be permitted when attached to the main building.

c.

There shall be no exterior display or alterations indicating that the building is being used for any purpose other than that of a dwelling.

d.

There shall be no more than one additional unrelated employee other than immediate members of the family residing on the premises.

e.

There shall be no outside storage of materials or products.

f.

The permitted use shall not create frequent or heavy traffic, not greater than ten percent of the average load per hour, per street.

g.

No retail sales (items can be delivered).

h.

No additions to the residence or accessory buildings specifically to accommodate the business.

i.

The business must take place in the primary residential structure on the property rather than in a detached garage or separate accessory building.

j.

The activity must take place at the location for which the permit was issued.

k.

Such other reasonable and necessary conditions for the health, safety and welfare of the surrounding neighborhood or its occupants.

(d)

The city's planning director shall have the responsibility for processing all use permits required for special exceptions and presenting them to the planning and zoning commission for processing as described below. The following procedures shall be complied with prior to the approval or denial of any special exception permit:

(1)

Notice to all owners of real property within 200 feet of the property for which application has been made shall be mailed, but in no case shall this notification occur less than ten working days prior to consideration at a meeting of the planning and zoning commission to consider such application.

(2)

Application concerning special exception permits for those uses, which are special exceptions shall be automatically referred to the planning and zoning commission for a public hearing. The planning director shall investigate, notify the adjacent property owners, and provide necessary professional advice. The planning and zoning commission may deny an application for a special exception permit after a public hearing if the proposed use fails to meet one of the criteria set forth in requirements for approval.

(e)

The building inspector [building official] shall ensure compliance with this ordinance and the permit. He shall:

(1)

Make inspections to determine compliance with the provisions of this ordinance and the permit, and initiate appropriate action if necessary.

(2)

Investigate thoroughly any complaints of noncompliance concerning a permitted special use, and keep a record of all complaints, indicating any action taken. These records shall be made available at the time of renewal of the permit.

(f)

Upon determination of noncompliance with the provisions of the special exception permit, the building inspector [building official] shall take action as follows:

(1)

Give written notice to the permit holder of the nature of the violation, the necessary action to remedy the violation, and the time period, not less than ten days nor more than 30 days after the date of notification, within which to comply.

(2)

Notify the planning and zoning commission of the noncompliance if the violations have not been corrected within the prescribed time period.

(g)

The planning and zoning commission, after due hearing, may revoke any special exception permit that has been reported in violation by the building inspector [building official]. Continued use without a permit will be a violation of the Zoning Ordinance and subject to the same penalties provided therein.

(h)

If a special exception permit has not been used within six months after the date granted, the permit is automatically cancelled.

(i)

A special exception permit shall have a time period set forth in the said permit, but in no event shall the time period exceed one year. Any permittee wishing a renewal of such permit for successive time periods shall file an application for such renewal not less than 20 days before the expiration of the permit. All applications for renewal shall be accompanied by a renewal fee of $75.00.

(Ord. No. 1090, § 1(17-6-4), 10-24-1983; Ord. No. 1702, §§ 1, 2, 10-14-2002)

In connection with rezoning of property, the city council may by ordinance change the classification of a property or properties and in connection therewith, place such limitations and conditions upon the type and kind of improvements which may be made of the property as is deemed necessary for the purpose of protecting values of surrounding properties or for the purpose of insuring the orderly development of the city or the area affected thereby. The city council may also fix a time limit within which the property will be developed in accordance with the change in zoning and the conditions and limitations upon improvements and use and provide that the classification will automatically revert to the classification from which the property was rezoned unless such construction is commenced within the time limit. The city council may also provide in the ordinance and upon the filing of a certified copy of the ordinance in the deed records in Jim Wells County, Texas, by the property owner or owners applying for the rezoning, and that such filing by the property owners will constitute their acceptance of the rezoning, subject to the conditions and limitations upon construction and use as are contained in the ordinance. The city council may require such plats, elevations and other evidence of the nature of the proposed development and use of the property sought to be rezoned as the city council may deem necessary for the protection of the property. When the city council rezones an area, but limits the kind or type of improvements which may be placed or erected therein, and limits the uses to be made to the property to one or more specific uses, no building permit will be issued for construction or improvements to existing structures which do not perform limitations or conditions prescribed in the ordinance rezoning the property nor any certificate of occupancy issued for the use of any structure not conforming with the conditions or limitations prescribed by the city council in the rezoning of the property.