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Bandera City Zoning Code

ARTICLE 14

08 PLACE TYPE ZONING CHANGE AND ORDINANCE AMENDMENTS PROCEDURES

§ 14.08.001 Authority to amend the place type zoning ordinance.

(a) 
The regulations, restrictions, and boundaries established by this chapter may from time to time be amended, supplemented, changed, modified, or repealed. The planning and zoning commission shall make a preliminary report on all such proposed amendments, supplements, changes, modifications, or repeals, hold public hearing, and thereafter submit its final report to the city council.
(b) 
The city council may from time to time, after receiving a final report by the planning and zoning commission and after public hearings required by law, amend, supplement, or change the standards herein provided or the boundaries of the place types zones specified on the place type zoning map. Any ordinance standards or place type zone boundary amendment may be ordered for consideration by the city council, be initiated by city, the planning and zoning commission, or be requested by the owner of the property, or the authorized representative of an owner of the property.
(c) 
Consideration for a change in any district boundary line or special zoning standard may be initiated only with written consent of the property owner, or by the planning and zoning commission or city council on its own motion, when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown on the city records are different, the applicant shall submit proof of ownership.
(d) 
No person who owes delinquent taxes or any other delinquent debts or obligations to the city, and that are directly attributable to a piece of property requested for zoning shall be allowed to submit a place type zoning request until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the city has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that the taxes have been paid.
(Ordinance 444 adopted 5/14/2024)

§ 14.08.002 Procedure for amendment and changes in the place type zoning.

(a) 
A written request for change in the place type zoning ordinance is required to be filed with the city. In making a determination regarding a requested place type zoning change, the city council shall consider the following factors:
(1) 
Whether the place type characteristics permitted by the proposed place type zoning change shall be appropriate in the immediate area concerned and the city as a whole.
(2) 
Whether the proposed change is in accord with the comprehensive plan, any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings.
(3) 
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances that may make a substantial part of such vacant land unavailable for development.
(4) 
The recent rate that land is being developed in the same place type classification as the request, particularly in the vicinity of the proposed change.
(5) 
How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved.
(6) 
Any other factors that will substantially affect the public health, safety, or general welfare.
(b) 
All written requests for change in the place type zoning of a property or for change in the textual provision of this chapter and for special approval of uses permitted in certain zones, where such approval is indicated in the permitted uses contained in this chapter, shall be filed with the city council.
(Ordinance 444 adopted 5/14/2024)

§ 14.08.003 Place type zoning change fee.

(a) 
When a request is filed for any change in place type zone boundaries or for any change in the place type zoning ordinance or classifications, such written request shall be accompanied by a fee as determined by the city fee schedule to be paid to the city secretary immediately upon filing such written request.
(b) 
Until the fees are paid, no notice of such written request shall be issued, and no hearing shall be had before the city council. The city secretary shall keep and preserve an itemized record of all fees received and the disposition thereof.
(Ordinance 444 adopted 5/14/2024)

§ 14.08.004 Previous denial of rezoning request.

No written request for the rezoning of any lot, lots, or block of land situated in the city shall be received or filed with the city council if within one (1) year prior thereto the city council, after notice and hearing, has denied a written request for rezoning of the same property. Provided, however, if the applicant produces by sworn affidavit with new and relevant evidence, which was not presented at the previous hearing, the city council shall have the right to waive the one (1) year period and proceed to hear and consider such written request.
(Ordinance 444 adopted 5/14/2024)

§ 14.08.005 Public hearing required for zoning change.

No change in the place type zone boundaries, or place type zoning classification or regulations or for special approval of any use shall become effective until after a public hearing before the city council at which parties in interest and citizens shall have an opportunity to be heard, after notice has been given as required by this chapter.
(Ordinance 444 adopted 5/14/2024)

§ 14.08.006 Notice of public hearing required.

(a) 
At least fifteen (15) days' notice of the time and place of such hearing before the city council shall be published in an official newspaper, or a paper of general circulation, in the city.
(b) 
In addition, written notice of all public hearings before the city council on proposed changes in zoning classifications shall be sent to owners of real property lying within two hundred (200) feet of the property on which the change in zoning classification is proposed, such notice to be given not less than ten (10) days before the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing same, properly addressed and postage paid, in the city's post office.
(c) 
Where property lying within two hundred (200) feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, at least fifteen (15) days' notice of the time and place of such hearings shall be given to such owners by publication in an official newspaper, or a paper of general circulation, in the city.
(d) 
The city council may not adopt the proposed change until after the thirtieth (30th) day after the date the notice required by this subsection is given.
(Ordinance 444 adopted 5/14/2024)

§ 14.08.007 Three-fourths vote.

(a) 
A favorable vote of three-fourths (3/4) of all members of the city council shall be required to approve any change in zoning when written objections are received from twenty percent (20%) of the owners of the area within the required notification area of the adjacent landowners that comply with the provisions of section 211.006 of the Texas Local Government Code, commonly (referred to as the "twenty percent (20%) rule").
(b) 
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 a proposed change or those immediately adjacent to the area thereof extending two hundred (200) feet therefrom or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendments shall not become effective except by a three-fourths (3/4) vote of the city council.
(c) 
When the planning and zoning commission makes a recommendation(s) that a proposed place type zoning change be denied, the request (in its original form) shall require a three-fourths (3/4) majority vote from city council for it to be approved.
(Ordinance 444 adopted 5/14/2024)

§ 14.08.008 Final approval and ordinance adoption.

Upon approval of the place type zoning request by the city council, the applicant shall submit all related material with revisions, if necessary, to the city for the preparation of the amending ordinance. The place type zoning request shall be approved by the city council in a public hearing and may approve rezoning with conditions.
(Ordinance 444 adopted 5/14/2024)

§ 14.08.009 Procedure for newly annexed land.

As soon as reasonable, after an annexation ordinance is approved by the city council, the city administrator shall prepare an application for zoning the newly annexed land from P2 Rural to a more permanent place type zone. The application shall be placed on the city council's agenda. All procedures as set forth in this chapter shall apply.
(Ordinance 444 adopted 5/14/2024)

§ 14.08.010 Annexation procedures.

The procedure for processing an annexation application shall follow the requirements established in chapter 43 of the Texas Local Government Code. See the development application approval process table in section 14.12.002 for the approval procedure of annexation applications.
(Ordinance 444 adopted 5/14/2024)