1.

Authority and Intent. Under the provisions of V.T.C.A., Local Government Code ch. 211, the City Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established.

2.

Initiation. Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner, or by the Planning and Zoning Commission or City Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown on the City records are different, the applicant shall submit written proof of ownership.

Each application for zoning or for an amendment or change to the existing provisions of this Zoning Ordinance shall be made in writing and filed on a form suitable to the City Secretary and shall be accompanied by payment of the appropriate fee as established by the City of Hamilton.

3.

Submission to Planning and Zoning Commission. Before taking any action on any proposed amendment, supplement, or change in the Ordinance, the City Council shall submit the proposed revision to the Planning and Zoning Commission for its review, recommendation, and report.

4.

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 on each application.

Before the tenth day before the hearing date before the Planning and Zoning Commission, written notice of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved Municipal Tax Roll, of property within two hundred feet (200') of the property in which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail.

Notice of hearings on proposed changes in the text of the Zoning Ordinance shall be accomplished by one publication not less than fifteen (15) days prior thereto in the official newspaper of the City. Changes in the ordinance text which do not change zoning regulations and/or zoning district boundaries do not require written notification to individual property owners. Notices for the public hearing for changes to the ordinance text before the City Council will also be published at the same time notice of the Planning and Zoning Commission meeting is published but not less than fifteen (15) days prior to the public hearing date(s).

5.

Failure to Appear. The Planning and Zoning Commission may deny a zoning application if the applicant or representative fail to appear at one (1) or more hearings before the Planning and Zoning Commission.

6.

Commission Consideration and Report. The Planning and Zoning Commission, after the public hearing is closed, shall prepare its report and recommendations on the proposed change stating its findings, its evaluation of the request and of the relationship of the request to the Comprehensive Plan. The Planning and Zoning Commission may defer its report for not more than ninety (90) days from the time it is posted on the agenda until it has had opportunity to consider other proposed changes that may have a direct bearing thereon. In making it determination, the Planning and Zoning Commission shall consider the following factors:

a.

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole.

b.

Whether the proposed chance is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings.

c.

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 unavailable for development.

d.

The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.

e.

How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also.

f.

Any other factors which will substantially affect the health, safety, morals, or general welfare.

If the Planning and Zoning Commission denies the zoning request, it may offer reasons to the applicant for the denial.

7.

City Council Consideration.

a.

Proposal Recommended for Approval by the Commission. Every proposal which is recommended favorably by the Planning and Zoning Commission shall be automatically 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 it and its publication as required by law.

b.

Proposal Recommended for Denial by the Commission. When the Planning and Zoning Commission determines that a proposal should be denied, it shall so report and recommend to the City Council and notify the applicant. If the proposal is denied by the Commission, the request shall not be forwarded to the City Council unless the applicant requests an appeal to the City Council or the request is sent for review by the Commission by simple majority vote. When a proposed zoning request is heard by the City Council that has been denied by the Planning and Zoning Commission, a three-fourths (3/4) majority vote by the City Council shall be required for approval.

A request which has been denied by the Planning and Zoning Commission and/or City Council may be resubmitted at any time for reconsideration by the City (a new filing fee must accompany the request). The City Council may deny any request with prejudice. If a request has been denied with prejudice, the same or similar request may not be resubmitted to the City for six (6) months from the original date of denial.

c.

City Council Hearing and Notice. Notice of City Council hearing shall be given by publication in the official newspaper of the City, stating the time and place of such hearing, which shall be at least fifteen (15) days after the date of publication.

d.

Three-Fourths Vote. If a protest against a proposed amendment, supplement or change to a zoning regulation or boundary has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the lots or land included in such a proposed change to a zoning regulation or boundary or the area of the lots, or land, immediately adjoining the area thereof extending two hundred feet (200') therefrom or of those directly opposite thereto extending two hundred feet (200') from the street frontage of such opposite lots, such amendments shall not become effective except by the affirmative vote of three-fourths (3/4) of all members of the City Council.

8.

Final Approval and Ordinance Adoption. Upon submittal of the zoning request by the City Council, the applicant shall submit a metes and bounds description of the boundaries of the zoning request and a metes and bounds description of any zone contained therein, to the City for the preparation of the amending ordinance. The amending ordinance shall be approved at the time the City Council makes a decision to approve the request as submitted or as modified. The amending ordinance will not be approved until a correct property description as described above has been prepared for the amending ordinance.