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Azle City Zoning Code

SECTION 33

CHANGES AND AMENDMENTS

§ 33.1 PROCEDURAL STEPS FOR ZONING APPLICATIONS AND AMENDMENTS.

A. 
The City Council may supplement, change, or amend by ordinance, the boundaries of the zoning districts or the regulations herein established as provided by the statutes of the State of Texas. Before taking action on any proposed supplement change or amendment, the City Council shall receive a recommendation and report from the Planning and Zoning Commission.
B. 
Any person having a proprietary interest in any property may request a change in zoning on such property, or the Planning and Zoning Commission or City Council may institute proceedings to consider a change in zoning on any property. In the instance of city initiation, changes and amendments shall be studied in the public interest. A person having a proprietary interest in any property within the city may petition the City Council for an amendment to the text of this ordinance which affects such property. In addition, the Planning and Zoning Commission or City Council may institute proceedings to amend the text of this ordinance.
(Ordinance 2013-09, ex. A, adopted 5/7/13; Ordinance 2022-24 adopted 9/6/2022)

§ 33.2 ZONING APPLICATION DETAILS.

Each application for a change in zoning or for an amendment or change to the text of this ordinance shall be made in writing on a form prescribed by the Zoning Administrator and shall be accompanied by the appropriate fee as established by the City Council. To insure the submittal of adequate information, the Zoning Administrator is empowered to maintain, update, and distribute a list of specific requirements for zoning applications. The zoning application shall contain sufficient information relative to the requested change including the following:
A. 
A key map showing all existing zoning within two hundred (200) feet of the subject property.
B. 
A development plan, if required by this ordinance, showing existing and proposed thoroughfares, collector streets, and local streets on the subject property and within two hundred (200) feet of the subject property.
(Ordinance 2013-09, ex. A, adopted 5/7/13; Ordinance 2022-24 adopted 9/6/2022)

§ 33.3 REVIEW PROCEDURES.

A. 
Before taking action on any proposed amendment, supplement, or change, the City Council shall submit the same to the Planning and Zoning Commission for its recommendation and report. The 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 Planning and Zoning Commission on a proposed amendment, supplement, or change to a zoning district boundary shall be sent to all owners or persons rendering taxes on real property lying within two hundred (200) feet of the property for which the change is requested. Such notice shall be given not less than ten (10) days before the date set for hearing by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as their ownership appears on the last approved city tax roll.
B. 
A public hearing shall be held by the City Council before adopting any proposed amendment, supplement, or change. At least fifteen (15) days notice of the time and place of such hearing shall be published in the official newspaper of the city. Furthermore, the Zoning Administrator is directed to cause a sign to be placed upon each property to be rezoned, clearly visible to a passerby, which states that the property is the subject of a rezoning application (or words of like intent). The sign shall be posted at least fifteen (15) days prior to the hearing and shall remain posted until the final hearing. The erection or continued maintenance of the sign shall not be deemed a condition precedent to the holding of the public hearing, the adoption of any proposed zoning change, or other official action concerning such amendment.
C. 
If a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (3/4) of all members of the City Council. The protest must be written, signed, and acknowledged by the owners of at least twenty percent (20%) of either:
1. 
The area of the lots or land covered by the proposed change.
2. 
The area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area.
D. 
In order to overrule a recommendation of the Planning and Zoning Commission that a proposed change to a regulation or boundary be denied, an affirmative vote of at least three-fourths (3/4) of all the members of the City Council shall be required.
(Ordinance 2013-09, ex. A, adopted 5/7/13; Ordinance 2022-24 adopted 9/6/2022)

§ 33.4 LIMITATION ON REAPPLICATION.

A. 
If the request is withdrawn after the Planning and Zoning Commission public hearing publication date, the same or more intensive request cannot be made on that property for 180 days.
B. 
A zoning application for the same action and for the same property which has been previously denied by the City Council may not be reinitiated for a period of at least 180 days from the date of denial unless the application was denied without prejudice. If the application is denied without mention of prejudice, it shall be deemed to be denied with prejudice.
C. 
If it is determined that there has been a sufficient change in circumstances regarding the property, or in the zoning application itself, to permit the granting of a new hearing, the 180 days waiting period may be waived. Said determination shall be made by the Planning and Zoning Commission.
(Ordinance 2013-09, ex. A, adopted 5/7/13; Ordinance 2022-24 adopted 9/6/2022)