The council shall appoint a zoning commission as prescribed by V.T.C.A., Local Government Code § 211.007.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

The zoning commission shall consist of five members and two alternate members who shall be residents of the City of Castle Hills and not members of the city council, the zoning board of adjustment, or the architectural review committee. Prior to appointments, the mayor and aldermen are encouraged to solicit applications, resumes, or indications of interest from citizens. Each alderman shall appoint one member whose place on the commission shall correspond to the place of the appointing alderman. The mayor shall appoint a chairman from among the members appointed by each alderman. There shall be two alternates to the commission, one appointed by the mayor, one appointed by council at large. The minimum quorum for meetings of the zoning commission shall be three members or alternates.

(b)

The terms of current members and alternate members expire on June 1, 2020. Members and alternates shall serve two-year terms after the initial appointments. Subsequent appointments for places 2, 3 and alternates shall end June 1, 2021 and every two years thereafter; and subsequent appointments places 1, 4, and 5 shall end on June 1, 2022 and every two years thereafter. A vacancy shall be filled for any unexpired term.

(c)

Members may be removed for cause by a majority vote of the city council at a regular or special meeting on written charges after notice and public hearing before the city council. The following constitute cause for removal under this section:

(1)

Malfeasance;

(2)

Failure to maintain reasonable familiarity with statutes, ordinances and rules governing the zoning commission or failure to be governed thereby;

(3)

Failure to properly disclose a conflict of interest as required under Chapter 171 of the Texas Local Government Code;

(4)

Failure to recuse himself or herself in the event of a conflict of interest or in any situation in which the member has a direct pecuniary interest in the outcome of a vote; or

(5)

Member fails to attend three consecutive meetings of the zoning commission without reasonable excuse and/or prior notice to or coordination with the city manager.

(6)

The mayor and city manager shall insure that each newly appointed member of the zoning commission is informed generally of their duties and responsibilities under applicable law and regulations.

(7)

The members of the zoning commission may set their own rules and procedures for efficient operation of commission activities, consistent with applicable law, the City Code of Ordinances, and guidance which may be provided from time to time by action of the city council.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2020-05-19-A, § 1, 5-19-2020)

The commission shall have those powers and exercise those duties set out in V.T.C.A., Local Government Code § 211.007.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

All applications for changes in the zoning district classifications of property (rezoning), for special use permits, or for changes in the textual provisions of the district regulations of this chapter shall be filed with the zoning commission. An application for rezoning or for a special use permit shall be accompanied by a non-refundable filing fee in the amount provided in the city fee schedule. All applications shall be submitted in Adobe Acrobat format or another electronic form that is compatible with the city's computer software.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

No application for the rezoning of any property situated within the city shall be received, filed with the zoning commission, or considered unless the person making such application has permission in writing, signed by the owner or owners of record of the property proposed to be considered for rezoning, for the filing of such an application. Such written permission must accompany any such application for rezoning.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Public hearing required; publication of notice. The commission shall consider all proposed changes and hold a public hearing thereon before submitting its final report to the city council. Notice of the public hearing before the city council, giving the time and place, shall be published before the 15th day before the hearing in a newspaper as described above.

(b)

Mailing of notices to property affected property owners. The city shall mail written notice of all public hearings on proposed changes in classification before the zoning commission to owners of real property lying within 500 feet of the property on which the change in classification is proposed. Such notice shall be given, not less than ten days before the dates set for hearing, to all such owners who have rendered their property for city taxes as the ownership is reflected on the last approved city tax roll. Notice may be served by depositing same, properly addressed and postage paid, in the United States mail.

(c)

Posting of notice sign on property; written certification of posting. The applicant shall post a city-provided sign on the property in question advising the public of the application and of the zoning commission hearing date on the application. A sign must be visible from each street that borders the property and shall be posted within seven days of the filing date of the application and be maintained until the day after the hearing. Sign location shall be subject to city approval. The applicant shall provide to the zoning commission, at the commencement of the hearing, written certification that the notification sign has been posted for the required period of time prior to the hearing. If such written certification is not provided then the hearing shall be suspended.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

All applications for rezoning which have received a final recommendation or report by the zoning commission shall be presented to the city council within 30 days from the date of the commission recommendation or report.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

After the final report is submitted by the commission as provided above, the city council shall act upon the application after a public hearing at which interested parties and citizens shall have an opportunity to be heard.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

If written protest is filed. In case of a written protest against any change in zoning, signed by the owners of 20 percent or more either the area of the lots or land included in such proposed change or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all of the members of the city council.

(b)

To overrule commission recommendation. A vote of three-fourths of the members of the city council is also required to overrule a recommendation of the zoning commission that the proposed change be denied.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

No application for the rezoning of any lot, lots or block of land situated in the city shall be received or filed with the zoning commission if, within six months prior thereto, an application was received and withdrawn before a full, fair, complete and final hearing was had thereon, or if within six months prior thereto a full, fair, complete and final hearing was had thereon. However, if new, relevant and substantial evidence that could not have been secured at the time set for the original hearing shall be produced by the applicant under a sworn affidavit to that effect, then the zoning commission shall have the right to waive the six months provision and proceed to hear and consider such application.

(b)

No application for the rezoning of any lots or block of land located in the city shall be filed or received by the zoning commission if, within the last 6 months prior thereto, the city council has denied an application for rezoning of the same property.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

An applicant is permitted to obtain only one postponement of a zoning hearing before the zoning commission and one postponement before the city council.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)