The purpose of this article is to establish a procedure governing the consideration of proposed changes in the zoning classification of real property described on the official district map of the City of Del Rio, Texas.

(Ord. No. 82-44, § 1, 12-14-82)

The term "zoning change" as used in this article shall mean a change in the zoning classification of a specific tract of real property as shown on the official City of Del Rio district map. The term "commission" shall mean the planning and zoning commission of the City of Del Rio, Texas.

(Ord. No. 82-44, § 1, 12-14-82)

Any person desiring a zoning change shall file an application with the city secretary. The application shall be on a form provided for such purpose by the city secretary.

(Ord. No. 82-44, § 1, 12-14-82)

Each application for a zoning change must be accompanied by a fee in an amount set by the Del Rio City Council. An applicant shall not be entitled to a refund of said fee in the event that the notice required by section 30-281 has been published.

(Ord. No. 82-44, § 1, 12-14-82)

The application for a zoning change shall contain each of the following:

(1)

The name of the person requesting the change;

(2)

A legal description of the subject property;

(3)

The existing zoning classification; and

(4)

The proposed change in classification.

(Ord. No. 82-44, § 1, 12-14-82)

Any application that fails to comply with the requirements of sections 30-274 and 30-275 shall be rejected by the city secretary or the planning and zoning commission.

(Ord. No. 82-44, § 1, 12-14-82)

The city secretary shall cause the filing of a proper application in a separate file and shall record the information contained in said application in a special record book.

(Ord. No. 82-44, § 1, 12-14-82)

The city secretary shall promptly submit copies of the application along with any other pertinent documents to the director of planning and the planning and zoning commission.

(Ord. No. 82-44, § 1, 12-14-82)

Upon receipt of the application, the director of planning shall conduct a thorough investigation into all matters concerning the proposed zoning change. The director of planning shall prepare and present to the commission a complete report on the application along with his recommendations. The report shall contain the anticipated effect of the zoning change on the surrounding parcels of property and the city as a whole. The director shall submit the report within fifteen (15) days from the date he received the application. After good cause shown by the director of planning, the commission may extend the period for submitting said report.

(Ord. No. 82-44, § 1, 12-14-82)

All meetings of the commission for the city regarding any proposed zoning change, shall be held at the call of the chairman on a monthly basis and at such other times as the commission may determine. All meetings of the commission shall be open to the public and shall be made in accordance with the requirements of the Texas Open Meetings Act. The hearing shall be conducted within forty-five (45) days from the date the application is filed with the city secretary. All parties in interest and citizens shall have the opportunity to be heard at such public hearing.

(Ord. No. 82-44, § 1, 12-14-82; Ord. No. 95-35, § 1, 8-22-95)

A public notice of the hearings required by sections 30-280 and 30-289 shall be published on one occasion in the official newspaper of the City of Del Rio, Texas. the notice shall be published not less than fifteen (15) days prior to the date of said hearings.

(Ord. No. 82-44, § 1, 12-14-82; Ord. No. 95-35, § 1, 8-22-95)

Written notice of the hearing required by section 30-280 shall be sent to the applicant and the owners of all the real property lying within three hundred (300) feet of the property on which the change in classification is proposed. The notice shall be given not less than ten (10) days before the date set for said hearing. The notice required by this section shall be given only to all such owners who have rendered their said property for city taxes as said ownership appears on the last approved city tax roll. Such notice shall be served by depositing the same, properly addressed and postage paid, in a United States Post Office located in the City of Del Rio, Texas.

(Ord. No. 82-44, § 1, 12-14-82)

The notices required by sections 30-281 and 30-282 of this article shall contain the following:

(1)

The date, time and place of the public hearing;

(2)

A statement that all interested persons shall have the opportunity to be heard at said hearing;

(3)

An invitation to file written objections or comments with the city secretary for submission to the commission;

(4)

The name of the applicant;

(5)

A description of the subject property;

(6)

The existing zoning classification;

(7)

The proposed zoning classification;

(8)

A statement that details regarding the application may be obtained from the city secretary's office.

(Ord. No. 82-44, § 1, 12-14-82)

Any person desiring to support, protest or oppose any proposed zoning change may file a written statement with the city secretary not less than five (5) days prior to the date and time set for said hearing.

(Ord. No. 82-44, § 1, 12-14-82)

The city secretary shall record the minutes of the public hearing. Any statement submitted under the preceding section shall be considered and included in the minutes of said hearing.

(Ord. No. 82-44, § 1, 12-14-82)

The commission shall make a decision to recommend the approval or rejection of the proposed zoning change to the Del Rio City Council. The decision shall be made within thirty (30) days from the date of the public hearing.

(Ord. No. 82-44, § 1, 12-14-82)

The chairman of the commission shall promptly report the recommendation of the commission to the city council. The report may contain any pertinent data concerning the commission's action on the proposed zoning change.

(Ord. No. 82-44, § 1, 12-14-82)

The city council shall not take any action on the proposed zoning change until it has received the report of the commission.

(Ord. No. 82-44, § 1, 12-14-82)

Promptly after receiving the commission's report, an ordinance adopting the proposed zoning change shall be presented to the city council. The city council shall proceed, at a public hearing, to either adopt or reject the proposed ordinance. Any proposed ordinance shall be deemed rejected by the city council in the event that it fails to receive a sufficient number of votes in favor of its adoption.

(Ord. No. 82-44, § 1, 12-14-82; Ord. No. 95-35, § 1, 8-22-95)

In case of a written protest against such change, signed by the owners of twenty (20) per cent or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, such zoning change shall not become effective except by the favorable vote of three-fourths of all members of the Del Rio City Council.

(Ord. No. 82-44, § 1, 12-14-82)

In the event that an application for a zoning change is denied, a new application requesting the same or a similar change shall not be filed until after the expiration of six (6) months from the date of the city council's decision.

(Ord. No. 82-44, § 1, 12-14-82)

In the cases of those areas zoned R-220, R-90, C-1-A, P-F and P-B, a proponent may request a zoning change. The proponent must abide by all requirements contained in Article XVIII, sections 30-273 through 30-276, 30-290 and 30-291, with the following requirements:

(1)

The reason(s) why the proposed change is being requested;

(2)

A statement from the proponent regarding the impact of any waste materials that may be produced as a result of the associated land usage. A waste abatement plan, which proposes how the proponent intends to minimize or eliminate any potential hazard to the surrounding environment, must be submitted to the city for review and approval;

(3)

An environmental impact statement, from the proponent, which addresses all other possible impacts to the environment (land, water, air, visual, historical, archeological, etc.). An environmental impact statement, which proposes how the proponent intends to minimize or eliminate any potential hazard to the environment, must be submitted to the city for review and approval; and

(4)

City approval of the waste abatement plan and the environmental impact statement shall be required for consideration of a zoning change.

A zoning change in a district designated R-220, R-90, C-1-A, P-F or P-B shall be considered for approval only when the above four (4) requirements have been satisfactorily fulfilled.

(Ord. No. 87-45, § 5, 11-25-87)