Bellville City Zoning Code
ARTICLE 14
04 AMENDMENTS
§ 14.04.001 Types of amendments.
Zoning amendments of any type are not intended to relieve particular hardships or to confer special privileges or rights on any person but are intended to provide a legal mechanism to further the public interest in accordance with a comprehensive planning process that recognizes that from time to time there may be a need for changes in zoning to accommodate changed circumstances and conditions that affect the city.
(2)
Standards applicable to types of amendments.
Amendments to the written text or the official zoning district map should be consistent with the purposes, goals, objectives and standards of the city and zoning policies as set out in this chapter.
(Ordinance 1691 adopted 5/22/2023)
§ 14.04.002 Application for amendment to written text or official zoning district map.
Any person or group of persons desiring to petition for an amendment to the written text of this zoning ordinance or the official zoning district map shall be required to file an application in writing with the city administrator, accompanied by a nonrefundable fee, in an amount established by the city, to defray the cost of notification and processing the application. The application shall include but not necessarily be limited to the following:
(1)
The applicant or applicants name(s) and address(es).
(2)
A specific description of the amendment to the zoning text or zoning map that is proposed.
(3)
A statement of the need or justification for said amendment, including its consistency with the zoning policies and purposes set forth in this chapter.
(4)
In the event that the proposed amendment is to the official zoning district map:
(A)
The legal description of the property that is to be reclassified and the proposed boundaries of said property.
(B)
The signed consent of the property owner or owners whose property is proposed to be reclassified.
(C)
The applicant's interest in the subject property if the applicant is not a property owner of all or a portion of the subject property to be reclassified.
(D)
The names and addresses of all property owners required to be notified in accordance with the Texas Local Government Code and this chapter.
(E)
The present zoning classification and existing uses of the property proposed to be reclassified.
(5)
Such other information or documentation as the city council may deem necessary.
(Ordinance 1691 adopted 5/22/2023)
§ 14.04.003 Call of public hearings.
A public hearing or hearings shall be held by the city council and the planning and zoning commission before adopting any proposed amendment.
(1)
Joint hearings.
The city council may elect to hold a joint public hearing pertaining to any amendment proposed under the provisions of this chapter.
(2)
Separate hearings.
In the event that the city council does not elect to call such a joint public hearing, then the planning and zoning commission shall hold a separate public hearing thereon. In either event after consideration of the citizens heard at the public hearing, the planning and zoning commission shall prepare a written report and recommendation to the city council regarding the proposed amendment. In the event the city council has not held a joint public hearing prior to receiving the planning and zoning commission's report and recommendation, then the city council shall in turn hold a public hearing prior to taking final action to approve or disapprove the proposed amendment.
(Ordinance 1691 adopted 5/22/2023)
§ 14.04.004 Public hearings.
Notice of all public hearings concerning proposed amendments to the municipal zoning ordinance or map shall be given in accordance with this section and applicable state law.
(1)
Content.
The public hearing notice shall set a time and place for the public hearing on the proposed amendment to this chapter. A summary statement of the proposal under consideration and identification of the body conducting the hearing shall be provided in the public hearing notice.
(2)
Publication of hearing notice:
(A)
The planning and zoning commission.
Notice of public hearings before the planning and zoning commission shall be given by publication in a paper of general circulation in the city, and such hearings shall not occur sooner than ten (10) days from the date of publication. If the proposed change involves an amendment to the classification or boundary of a zoning district, then written notice of all public hearings before the planning and zoning commission shall be sent to the owners of real property lying within two hundred (200) feet of the property that is subject to the proposed change, and such notice shall be given, not less than ten (10) days before the date set for the hearing, to each owner as indicated by the most recently approved municipal tax roll. Such notice may be served by depositing same, properly addressed and postage paid in the United States mail.
(B)
City council.
Notice of public hearings before the city council shall be given by publication in a paper of general circulation in the city, and such hearings shall not occur sooner than fifteen (15) days from the date of publication.
(Ordinance 1691 adopted 5/22/2023)
§ 14.04.005 Conduct of public hearings.
(a)
Rights of all persons.
Any person may appear at a public hearing and submit evidence or testimony either individually or as an agent for any organization.
(b)
Continuance of hearing:
(1)
The body conducting the hearing may on its own motion or the request of any person, continue the hearing to a fixed date, time and place.
(2)
An applicant shall have the right to request and be granted one continuance without a statement of grounds or reasons if such continuance is requested prior to the publication and mailing of notice to adjoining property owners as provided by the terms and conditions of this chapter. However, all subsequent continuances shall be granted at the discretion of the body conducting the hearing, upon good cause shown.
(3)
Any person or applicant requesting and being granted a continuance shall be required to pay all costs and expenses as required by law.
(4)
The planning and zoning commission or city council may continue a public hearing to a subsequent meeting if they identify additional information or testimony that they need pertaining to the case before them. Said public hearing once properly opened, if continued to a specific date certain, shall be noticed by posting a proper agenda at least seventy-two (72) hours prior to the date set for continuance.
(Ordinance 1691 adopted 5/22/2023)
§ 14.04.006 Action by city council.
(a)
Action under protest:
(1)
In the event of a protest against a proposed amendment, signed by owners of at least twenty (20) percent of the property either of the area of the lots included in such a proposed change or the area extending two hundred (200) feet therefrom or in the event that the planning and zoning commission has recommended against the amendment, the city council shall not amend any provision of this chapter except by the favorable vote of three-fourths of all of the members of the city council.
(2)
In computing the percentage of land area of the property either of the area of the lots included in such a proposed change or the area extending two hundred (200) feet therefrom, the areas of streets and alleys shall be included in the computation of total land area from which the percent of protesting property owners is derived.
(b)
Time of action.
The city council and the planning and zoning commission shall act expeditiously in all matters pertaining to applications for zoning amendments under the provisions of this chapter in consideration of the interests of the citizens of the city.
(c)
Final action by the city council.
The city council may subject to the requirements of this chapter and the Texas Local Government Code, upon receipt and acceptance of the report and recommendation of the planning and zoning commission and the appropriate public hearing(s), enact ordinances amending this chapter, including the official zoning district map.
(Ordinance 1691 adopted 5/22/2023)