Bertram City Zoning Code
ARTICLE V
CLOSING PROVISIONS
§ 80 Construction.
The terms and provisions of this Ordinance shall not be construed in a manner to conflict with Chapt. 211, Tex. Loc. Gov’t. Code, and if any term or provision of this Ordinance shall appear to conflict with any term, provision or condition of Chapt. 211, such Ordinance term or provision shall be read, interpreted and construed in a manner consistent with and not in conflict with such Chapter, and, if possible, in a manner to give effect to both. The standard and accepted rules of statutory construction shall govern in construing the terms and provisions of this Ordinance.
(Ordinance 26-2001, sec. 80, adopted 10/9/01)
§ 81 Amendment and Repeal.
All ordinances and parts of ordinances in conflict with this Ordinance are amended and repealed to the extent of such conflict.
(Ordinance 26-2001, sec. 81, adopted 10/9/01)
§ 82 Zoning Changes and Amendments.
(a)
Statement of Intent.
For the purpose of establishing and maintaining sound, stable and desirable development within the territorial limits of the City, this Ordinance shall not be amended except to correct an error in the ordinance, or because of changed or changing conditions in a particular area or in the City generally, or to rezone an area, extend the boundary of an existing zoning district or to change the regulations and restrictions thereof, all in accordance with a comprehensive plan. The Council may, from time to time, adopt, amend and make public rules and regulations for the administration of this Ordinance. This Ordinance may be enlarged or amended by the Council after public hearing, due notice of which shall be given as required by law.
(i)
the City Council on its own motion;
(ii)
the Planning and Zoning Commission;
(iii)
petition by the landowner or his/her authorized agent; or
(iv)
by the Historic Preservation Commission if the request is for Historic Preservation Overlay District.
(b)
Responsibility for Change.
The City Council has sole responsibility for changes in the Zoning Map and changes in the zoning ordinance. The zoning and rezoning of land is in the legislative discretion of the City Council. Zoning and rezoning shall be by ordinance only.
(c)
Referral of Amendment to Commission.
Upon its own motion, a request by the Planning and Zoning Commission, or the receipt of an administratively complete petition and application to zone or rezone a lot, tract or parcel of land, which petition and application has been examined and approved as to form by the City Secretary, shall be referred to the Planning and Zoning Commission for consideration, public hearing, and recommendation to the City Council. The Council may not enact a rezoning amendment until the Commission has held a public hearing and made its recommendation to the City Council, or has made a final vote on the matter without obtaining a majority, on the zoning or rezoning of the property.
(d)
[Reserved]
(e)
Action by the Commission.
The Commission shall cause such study and review to be made as advisable and required, shall give public notice and hold a public hearing as provided by state law, and shall recommend to the council such action as the commission deems proper. Written notice of the proposed zoning change shall be forwarded to the owner of each tract or parcel of land that is within two hundred feet (200') of the property for which zoning is requested, not less than ten (10) days prior to the date of the public hearing to be held by the commission. If the City owns any property within 200' of the property proposed to be zoned or rezoned, it shall not be necessary to mail any such notice to the City. The application for zoning or rezoning, and the retained copies of the notices sent to owners within the 200', shall be deemed to be sufficient written notice to the City to satisfy all requirements.
(f)
Action by the Council.
The City Council shall give public notice and hold a public hearing before taking final action to zone or rezone any land.
(g)
Public hearing and Notice of the Proposed Zoning Change.
(i)
Not less than ten (10) days prior to the date of the public hearing to be held by the commission on each zoning or rezoning, written notice of the public hearing and the zoning proposed shall be given by U. S. Mail to the owner of each lot, tract or parcel of land within two hundred feet (200') of the lot, tract or parcel being considered for zoning. Such notices shall be mailed by first class mail addressed to the persons or firms to whom the properties are assessed on the City tax rolls.
(ii)
Notice of the public hearing to be held by the City Council shall be given by publishing such notice at least once in a newspaper of general circulation in the City, at least fifteen (15) days prior to the date set for public hearing.
(iii)
If the zoning or rezoning is proposed by the City Council or the Commission, notice of the proposed zoning change shall be made by the City Secretary mailing notification by first class mail to the person or firm to whom the property is assessed on the City tax rolls, and to all persons or firms to whom property within two hundred (200) feet of the proposed zoning change is assessed on the City tax rolls.
(iv)
The required notice for a public hearing having been given for the zoning or rezoning of a tract of land, the Commission or the Council may, as applicable, continue such matter to subsequent public meetings for consideration and may in the same zoning process or proceeding recommend zoning/rezoning or, as applicable, zone or rezone the property for which notice was given for a use or zoning district that is a less intensive use than the use for which the notices were given, without additional or further notices being given; provided that the less intensive district is within the same general use category, e.g. duplex requested and single-family zoning granted, multiple-family zoning requested and the granted rezoning is a less intensive multiple-family zoning, duplex or single-family.
(h)
Protest of Proposed Amendment.
If a protest(s) against any proposed rezoning or zoning change for any land is presented in writing to the City Secretary prior to the public hearing thereon, duly signed by the owners of twenty percent (20%) or more either of the area of lots included in the proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Council.
(i)
Procedure for Amendment Petition.
(i)
Filing of Application.
All petitions to change zoning or rezone property shall contain at least the following:
A.
The petitioner’s name, address, and interest in the property described in the petition, as well as the name, address and interest of every person having a legal or an equitable interest in the land covered by the petition;
B.
The nature and effect of the proposed amendment and zoning or permit requested;
C.
A fully scaled map showing:
- | The land affected by the proposed amendment; |
- | A legal description of the land; |
- | The present zoning classification of the land; |
- | The zoning classification of all abutting land; and |
- | All public and private road and street rights-of-way bounding and intersecting the land. |
D.
The names and addresses of the owners of all land within 200' of the land to be rezoned, or for which a permit is sought.
E.
If applicable, the alleged error in this ordinance, which would be corrected by the proposed amendment, together with a detailed explanation of such error and how the proposed amendment will correct the same.
F.
The changed or unchanging conditions, if any, in the area or in the municipality generally, that make the proposed amendment reasonably necessary.
G.
Evidence that the petition is in accordance with the Comprehensive Plan, or that support[s] amendment of the Comprehensive Plan.
H.
A statement of all other circumstances, factors and reasons the applicant offers in support of the proposed amendment.
(ii)
Time Limitation.
If a petition for rezoning is denied by the City Council, another petition for reclassification of the same property or any portion thereof shall not be filed within a period of twelve (12) months from the date of final denial, except with the permission of the City Council.
(Ordinance 26-2001, sec. 82, adopted 10/9/01)
§ 83 Severability.
If any provision of this ordinance or the application of any provision to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.
(Ordinance 26-2001, sec. 83, adopted 10/9/01)
§ 84 Effective Date.
This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Tex. Loc. Gov’t. Code.
(Ordinance 26-2001, sec. 84, adopted 10/9/01)
§ 85 Open Meetings.
It is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapt. 511 [551], Tex. Gov’t Code.
(Ordinance 26-2001, sec. 85, adopted 10/9/01)
§ 86 Penalty.
Any person who shall violate any of the provisions of this Ordinance, or shall fail to comply therewith, or with any of the requirements thereof, within the City limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of two thousand dollars ($2000.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(Ordinance 26-2001, sec. 86, adopted 10/9/01)
