Public notification of meetings on rezoning requests will be sent to owners of property within 400 feet radius. Notifications will be made using available ownership records and addresses. Lack of proper address or unavailability of owner which prevents timely notification will not act to bar or delay action on rezoning requests.

(Ord. 2001-36, passed 11-13-01)

   When a zoning request has been disapproved by the City Council, the same request shall not be resubmitted for a period of 180 days after disapproval by the City Council. Upon disapproval of a second identical request, the same request shall not be resubmitted for a period of 12 months from the date of the last disapproval. Each subsequent disapproval of the identical request will result in a new delay of 12 months. However, the provisions of this section shall not operate to prohibit the filing of an request after legal title of record has been transferred to a new owner.

(Ord. 2001-36, passed 11-13-01)

   (A)   The City Council may from tine to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established.

   (B)   Before taking any action on any proposed amendment supplement, or change the City Council shall submit the same to the City Planning and Zoning Commission for its recommendation and report after a public hearing.

   (C)   One public hearing shall be held by each of the Planning and Zoning Commission and City Council before adopting any proposed supplement, amendment or change. Notice of such hearings shall be given by publication one time in a newspaper of general circulation in Harker Heights, Texas, stating the time and place of such hearing, which time shall not be earlier than 15 days from the day of such publication.

   (D)   Vote required:

      (1)   If such proposed amendment, supplement, or change has been approved by the Planning and Zoning Commission, the amendment, supplement or change shall become effective by an approval vote of a majority of the City Council.

      (2)   If such proposed amendment, supplement, or change has not been approved by the Planning and Zoning Commission, the amendment, supplement or change shall not. become effective except by a three-fourths approval vote by the City Council.

      (3)   The amendment, supplement, or change shall not become effective except by a three-fourths approval vote of the City Council, regardless of Planning and Zoning Commission recommendation, if a protest against such amendment, supplement, or change has been filed with the city, duly signed and acknowledged by the owners of at least 20% of either:

         (a)   The area of the lots or land covered by the proposed change, or

         (b)   The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.

(Ord. 2001-36, passed 11-13-01)

   Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning District Map, the following rules apply in the order shown:

   (A)   The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the Zoning District Map are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.

   (B)   Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the districts designated on the Zoning District Map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.

   (C)   In unsubdivided property, the district boundary lines on the Zoning District Map shall be determined by use of the scale appearing on the map.

(Ord. 2001-36, passed 11-13-01)

   In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued pursuant to law relating to the use of building premise, and likewise not in conflict with this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that, if this chapter imposes a greater restriction, this chapter shall control.

(Ord. 2001-36, passed 11-13-01)