The purpose of this article is to provide appropriate and uniform procedures for the conduct of public hearings and the adoption of amendments by the city council, as well as for the conduct of public hearings and the making of recommendations by the planning and zoning commission.

This article provides a procedure for amendment of this code or the official zoning district map.

Amendments are not intended to relieve particular hardships or to confer special privileges or rights on any person but to amend this code in the light of changed circumstances and conditions. In determining whether to grant a requested amendment, the city council and the planning and zoning commission should consider the consistency of the proposed amendment with the provisions of the comprehensive plan set forth in section 104 of this code.

Any person desiring to petition for an amendment of this code or the official zoning district map shall be required to file an application in writing with the planning and zoning commission, accompanied by a nonrefundable application fee, in an amount established by the city council, to defray the actual cost of processing the application. The application shall include the following information:

1.

The applicant's name and address;

2.

The precise wording of any proposed amendment to the written text of this code and a statement of the present provisions and section or sections of the code sought to be amended, or, in the event the proposal concerns a change in the official zoning district map, a clear delineation of the area set out on the map to be rezoned;

3.

A statement of the need and justification for the proposed amendment;

4.

A statement as to the uniformity of the proposed amendment to the comprehensive plan set out in section 104 of this code, or the reason for any deviation from such plan, and the precise wording of any proposed change in the plan to bring it into conformity with the proposed amendment;

5.

In the event that the proposed amendment would change the official zoning district map and the zoning classification of any property:

a.

The street address and legal description of the property sought to be reclassified;

b.

The applicant's interest in the subject property;

c.

The owner's name and address, if different than the applicant's, and the owner's signed consent to the filing of the application or the signatures of 75 percent of the owners of the parcels included in the area to be changed;

d.

The names and addresses of all owners of property required to be notified under this article;

e.

The present zoning classification and existing uses of the property proposed to be reclassified; and

f.

The area of the property proposed to be reclassified, stated in square feet or acres, or fraction thereof.

6.

Such other information or documentation as the planning and zoning commission or city council may from time to time designate, or which may be necessary and appropriate to a full and proper consideration and disposition of the particular application.

Nothing herein shall prevent the planning and zoning commission from calling and conducting public hearings on proposals by such commission for amendments to this code or the official zoning district map and making recommendations thereon, nor shall anything herein prevent the city council from initiating consideration of amendments to the text of this code or the official zoning district map.

When any amendment is proposed under the provisions of this code, the city council may, at its discretion by ordinance, call a joint public hearing to be held before the city council and the planning and zoning commission. The city council shall receive the commission's final report and recommendation before considering any amendment.

In the event the city council shall not elect to call a joint public hearing on any such proposed amendment the planning and zoning commission shall, by formal action, call and hold a public hearing thereon prior to making its report and recommendation to the city council. Upon receipt of the report and recommendation of the planning and zoning commission, the city council shall then call and hold its public hearing prior to finally considering such amendment. Failure of the planning and zoning commission to render its recommendation to the city council within 60 days following the close of its public hearing regarding the proposed amendment shall constitute a recommendation against the proposed amendment.

(Ord. No. 319, § 1, 3-9-1989)

Upon formal action by the planning and zoning commission or ordinance duly enacted by the city council, notice of all public hearings concerning proposed amendments shall be given as required by law.

A.

Hearings before the commission. For public hearings before the commission, notice of such public hearings shall be given by publication in the official newspaper of the City of Hedwig Village, and such hearing shall not occur earlier than ten days from the date of such publication. When the matter under consideration by the planning and zoning commission involves an amendment or change in the classification or boundary of a zoning district, written notice of public hearing before the commission on the proposed amendment or change shall be sent to all owners of real property lying within 200 feet of the property upon which the change is requested, and the owners of such additional property as may be designated by the commission. Such notice shall be given not less than ten days before the date set for the hearing by depositing such notice in the mail, properly addressed and postage prepaid, to each taxpayer as the ownership appears on the last approved tax roll.

B.

Hearings before city council and joint hearings. For public hearings before the city council and for joint public hearings before the city council and the planning and zoning commission, before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the city. When the matter under consideration involves an amendment or change in the classification or boundary of a zoning district, written notice of the public hearing on the proposed amendment or change shall be sent to all owners of real property lying within 200 feet of the property upon which the change is requested, and the owners of such additional property as may be designated by the city council. Such notice shall be given not less than 15 days before the date set for the hearing by depositing such notice in the mail, properly addressed and postage prepaid, to each taxpayer as the ownership appears on the last approved tax roll.

A.

Rights of all persons. Any person may appear at a public hearing and submit evidence either individually or as a representative of any organization or group of people or owners. Each person who appears at a public hearing shall identify himself and his address and shall state the name and mailing address of any organization or group he represents. The body conducting the hearing may exclude evidence that it finds to be irrelevant, immaterial or unduly repetitious.

B.

Due order of proceedings. Any person shall have the right to appear and present evidence or testimony which is relevant and material to the matter under consideration. Any person may, in addition, ask relevant questions of other persons appearing as witnesses, but shall do so only through the presiding officer; and the presiding officer may, as he shall deem fit, address such questions to the witnesses.

C.

Opinions. Any person, in addition to giving evidence in the form of oral testimony or documentation, shall have the right at a public hearing to express opinions and give other information, so long as the same is relevant, material and not unduly repetitious.

D.

Continuance of hearing. The body conducting the hearing may, on its own motion or at the request of any person, continue the hearing to a fixed date, time and place. An applicant shall have the right to request and be granted one continuance without statement of grounds or reasons therefor. However, all subsequent continuances shall be granted at the discretion of the body conducting the hearing, upon good cause shown. Any person requesting and being granted a continuance shall be required to pay all costs and expenses as required by law. All adjourned and recessed public hearings shall only commence upon the giving of all notices which would have been required were it the initial call of the public hearing.

E.

Other rules to govern. Other matters pertaining to the public hearing shall be governed by other provisions of this code applicable to the body conducting the hearing and its adopted rules of procedure, so long as the same are not in conflict with this code.

F.

Record.

1.

The body conducting the hearing shall keep minutes by any suitable and available process. These minutes shall be duplicated at the request of any person upon application to the city secretary and the payment of a fee to cover the cost of duplication.

2.

All records of the decision-making bodies shall be public records, open to inspection at all reasonable times and upon reasonable notice in accordance with [Vernon's Ann. Civ. St. art. 6252-17a,] the Texas Open Records Act.

G.

Joint hearing procedure. A joint public hearing shall be conducted in accordance with procedures for public hearings as set out herein. The mayor shall act as presiding officer at any joint public hearing, or, in the event of the absence of the mayor, the mayor pro tem or member of city council designated by a majority of the members of the city council present, shall preside.

All decision-making bodies shall act expeditiously and promptly to conclude their deliberations and take final action on the matter before them. Such action shall be taken as promptly as possible in consideration of the interests of the citizens of the City of Hedwig Village.

The planning and zoning commission shall render written reports and recommendations to the city council which shall include at least the following elements:

1.

A clear statement of specific findings;

2.

A summary of the information presented before the commission by interested citizens appearing before the commission and making a presentation. The report should state the approximate total number of citizens appearing and should provide a brief summary of the differing opinions presented by such persons;

3.

Copies of documentary evidence provided to the commission or which the commission considered in making its report; and

4.

Identification of the members of the commission voting for the majority position and identification of the members of the commission voting against the majority position, with a brief statement explaining the reasons for the determination made by the majority.

The city council may enact such amendments to this code under the conditions as provided herein and subject to the procedure provided, upon a finding of such changed circumstances or conditions necessitating such amendment. No amendment to this code, other than procedural amendments, shall be adopted unless specific findings of fact shall be made reasonably concluding that a change in circumstance or condition exists. In all such amendments, a finding shall be made that the proposed amendment is in compliance with the comprehensive plan of the City of Hedwig Village as set out in this code, or, if not in compliance, what new facts or circumstances necessitate a change in the comprehensive plan.

The city council may, subject to the requirements and conditions herein set out, upon receipt and acceptance of the report and recommendations of the planning and zoning commission and appropriate public hearing(s), enact ordinances amending this code or the official zoning district map as its decision making determination in accordance with the provisions of this code.

In the event of a written protest against such change, signed by the owners of 20 percent 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 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.

If such proposed amendment has been rejected by the planning and zoning commission and the planning and zoning commission has recommended disapproval of such amendment, then the same shall not become effective except by a three-fourths vote of all of the members of the city council.

A.

Planning and zoning commission. The planning and zoning commission shall mail to any interested applicants, by first class mail, postage prepaid, a letter setting out the decision of the planning and zoning commission. Such letter shall be signed by the chairman of the planning and zoning commission or, in his absence, the vice-chairman of such commission.

B.

City council. In the case of the final adoption of an ordinance, the city secretary shall mail to any interested applicants a certified copy of the ordinance duly enacted; and if no ordinance is enacted, the city secretary shall mail to such interested applicants, by first class mail, postage prepaid, a letter setting out the decision of the city council.