Forest Hill City Zoning Code
Division 17
Amendments
§ 9.02.441 Amendments.
The zoning regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. Such amendments, supplements, changes, modifications or repeals, shall be deemed to amend, supplement, change, modify, or appeal the comprehensive plan of the city and shall become part of such comprehensive plan.
(2)
Procedure.
The city council may supplement, change, or amend by ordinance, the boundaries of the zoning districts or the regulations herein established as provided by the statutes of the State of Texas. Before taking action on any proposed supplement, change or amendment, the city council shall receive a recommendation and report from the planning and zoning commission.
(3)
Commission public hearing and notice.
Prior to making its report to the city council, the planning and zoning commission shall hold at least one public hearing thereon. Written notice of all such public hearings on proposed change and district boundaries shall be sent not less than ten (10) days before such hearing is held to all owners of property who have rendered their said property for city taxes, which is located either within the area proposed to be changed, or within two hundred (200) feet of such property. Such notice may be served by using the last known address as listed on the city tax rolls and depositing the notice, postage paid, in the United States mail.
(4)
Commission report.
(A)
The planning and zoning commission, after the public hearing is closed, shall vote on its recommendations on the proposed change to be sent in a report to the city council. Such report may recommend for or against such proposed change and may, but need not, include reasons for such decisions. The commission may defer its report for not more than sixty (60) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. If the commission fails to report after sixty (60) days, it shall be deemed to have recommended negatively to the proposal.
(B)
Every proposal receiving a final report by the commission shall be forwarded to the city council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and publication as required by law.
(5)
Withdrawal.
Any proposal or application may be withdrawn orally, followed by a written request submitted to the planning and zoning commission secretary, by the proponent after the commission makes its final report, and such proposal or application shall not be subject to the provisions hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the council will not consider it.
(6)
Council public hearing and notice.
The city council may, from time to time, amend, supplement, or change by ordinance the boundaries of the districts or regulations herein established. A public hearing on such amendment, supplement or change shall be held by the council. Notice of council hearing shall be given by publication one time in the official newspaper of the city, setting the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. No such amendment, supplement, or change shall be considered unless and until the commission makes its final report thereon.
(7)
Council action on application.
(A)
If a proposed amendment is protested in accordance with this subsection, the proposed change must receive the affirmative vote of at least three-fourths (3/4) of all members of the city council in order to take effect. The protest must be written, signed, and acknowledged by the owners of at least twenty percent (20%) of either the area of the lots or land covered by the proposed change or the area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area.
(B)
In order to overrule a recommendation of the planning and zoning commission for an amendment an affirmative vote of at least three-fourths (3/4) of all the members of the city council shall be required.
(8)
Delay penalty on reapplication.
No application for amendments shall be considered within six (6) months of denial of a request for the same classification on the same property.
(Ordinance 2016-03-001, sec. 2 (64-341), adopted 3/15/16)