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Bonham City Zoning Code

ARTICLE 20

CHANGES AND AMENDMENTS

§ 20.01 Authority to Amend.

The City Commission may, from time to time on its own motion, or on petition of an interested property owner or owners, amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. All such petitions shall be accompanied by a fee, of which no part shall be returnable regardless of the action taken on the petition.
(Ordinance 1070, sec. 1, adopted 4/14/2003; Ordinance 1448 adopted 7/8/2024)

§ 20.02 Recommendations of Planning and Zoning Commission.

Before taking action on any proposed amendment, supplement, or change, the City Commission shall submit same to the Planning and Zoning Commission for its recommendations and report.
(Ordinance 1059, adopted 11/11/2002; Ordinance 1075, sec. 1, adopted 7/14/2003)

§ 20.03 Public Hearing on Proposed Amendments.

a. 
The City Planning and Zoning Commission shall hold a public hearing on any application for any amendment or change prior to making its recommendation and report to the City Commission. Written notice of all public hearings before the City Planning and Zoning Commission on a proposed amendment or change 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 not less than ten (10) days before the date set for hearing by posting such notice properly addressed and postage-paid to each taxpayer as the ownership appears on the last approved City tax roll.
b. 
A public hearing shall be held by the governing body before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication in the official publication of the City of Bonham stating the time and place of the hearing, which time shall not be earlier than fifteen (15) days from the date of publication.
(Ordinance 1059, adopted 11/11/2002; Ordinance 1075, sec. 1, adopted 7/14/2003)

§ 20.04 Action of the City Commission.

a. 
If the Planning and Zoning Commission has recommended to the City Commission that a proposed amendment be approved, the City Commission may approve or disapprove the petition or application for amendment by a simple majority vote of the City Commission members present and voting.
b. 
If the Planning and Zoning Commission has recommended to the City Commission that a proposed amendment be disapproved, the City Commission may refuse to adopt the petition or application for amendment by a simple majority vote of the Commission members present and voting. However, to adopt the amendment which has been recommended for disapproval by the Planning and Zoning Commission, the amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Commission members present and voting.
c. 
In the case of a protest against an amendment to the ordinance signed by the owners of twenty percent (20%) or more either of the area of the lots or land included in such proposed change, or of the area of the lots or land immediately adjoining the area included in the proposed change and extending two hundred (200) feet from that area, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Commission members present and voting.
d. 
In making its determination regarding an amendment to the Zoning Ordinance, the City Commission shall consider the following factors:
(1) 
Whether the use(s) permitted by the proposed change will be appropriate in the immediate area concerned and the impact of the proposed change on the general area and the city as a whole.
(2) 
Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area.
(3) 
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances which may make a substantial part of such vacant land unsuitable for development.
(4) 
The rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.
(5) 
The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved and whether such designation for other areas should also be modified.
(6) 
Any other factors which will substantially affect the public health, safety, morals, or general welfare.
e. 
In considering a motion to deny a zoning change, the City Commission shall further consider whether said application shall be denied with or without prejudice against refiling. If the City Commission shall deny the application and fail to clearly state the same is being denied with prejudice, then it shall be deemed that said application is being denied without prejudice against refiling. If an application is denied with prejudice, no application may be filed for all or a part of the subject tract of land for a period of one (1) year from the date of denial by the City Commission. If it is determined by the Planning and Zoning Commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. In the event a reapplication affecting the same land is for a zone that will permit the same use of the property as that which would have been permitted under the denied application, the same shall not be considered as being substantially different from the application denied. Newly annexed land which has been given Agricultural zoning is exempt from the one-year waiting period.
(Ordinance 1059, adopted 11/11/2002; Ordinance 1075, sec. 1, adopted 7/14/2003)

§ 20.05 Changes in Zoning Regulations.

Amendments to the Zoning Ordinance not involving a particular property but involving a change in the zoning regulations generally do not require notice to individual property owners. In such cases, notice of the required public hearing shall be given by publication in the official newspaper of the city, stating the time and location of the public hearing, which time shall not be earlier than fifteen (15) days from the date of such publication.
(Ordinance 1059, adopted 11/11/2002; Ordinance 1075, sec. 1, adopted 7/14/2003)