Any person or corporation or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the governing body for a change or amendment to the provisions of this ordinance or the City Planning and Zoning Commission may on its own motion, institute proposals for change and amendment in the public interest. All petitions for the amendment of this ordinance shall bear the signature of the owners of all property within the area of request and be accompanied by the appropriate fee as stated in Section 24-27 - Development Services Fees, City of Aransas Pass Code of Ordinances.

(Ord. 2016-4171, 10/17/2016)

The City Council may from time to time amend, supplement or change by ordinance the boundaries of the districts or regulations herein. Before taking action on any proposed amendment, supplement or change, the City Council shall submit the same to the City Planning and Zoning Commission for its recommendation and report.

The City Planning and Zoning Commission shall hold a public hearing on any application for any amendment, supplement or change prior to making its recommendation and report to the City Council. Written notice of all public hearings before the City Planning and Zoning Commission for the below listed procedures (Section 102 (a)—(e) shall be sent to all owners of real property lying within two hundred (200) feet of the property on which the change is requested. Such notice shall be given no less than the tenth (10th) day before the date set for the public hearing by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears on the last approved City tax roll.

Procedures that require public notices to be mailed as well as published:

(a)

Variance or Appeal of Administrative Decision

(b)

Conditional Use Permit

(c)

Zoning Map Amendment

(d)

Land subdivision:

(1)

Public Notice Plat

(2)

Plat Time Extension Request

(3)

Plat Appeal

(4)

Hardship Variance Request

(e)

Planned Development:

(1)

Initial Approval (Rezoning)

(2)

Major Amendment

A public hearing shall be held by the City Council before adopting any proposed text amendment, supplement, or change to the City of Aransas Pass Zoning Ordinance. Prior to the fifteenth (15th) day before the hearing notice of the time and place of such hearing shall be published in the official newspaper of the City.

If such proposed amendment, supplement or change has been denied by the City Planning and Zoning Commission, or 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 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 (200) feet here from or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendment shall not become effective except by a three-fourths (¾) vote of the members of the City Council.

(a)

Any modification proposed by the applicant to the original Zoning Map amendment application shall be treated as a completely new request requiring the preparation and submission of a new application.

(b)

If an applicant withdraws the application after Planning and Zoning Commission has held a public hearing and made a recommendation on the application, no further applications for rezoning all or part of the property to the same district may be submitted for twelve (12) months from the date of the recommendation unless a waiver is granted as provided below.

(c)

If the City Council denies a request for a Zoning Map amendment, no further applications for rezoning all or part of the property for twelve (12) months from the date of the final decision unless a waiver is granted as provided below.

(d)

The applicant may request that the Planning and Zoning Commission waive the requirement stated above or that the City Council waive the requirement stated above upon finding of changed conditions or significant new information. A City-initiated Zoning Map amendment application shall not be limited by this waiting period.

(e)

If the waiver is granted and the applicant files a Zoning Map amendment application before the expiration of the above waiting period, the application fee shall be one hundred fifty percent (150%) of the standard application fee.