Italy City Zoning Code
§ 33
CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE PROCEDURES.
33.1
Declaration of Policy:
The City declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:
33.2
Authority to Amend Ordinance:
The City Council may from time to time, after receiving a final report thereon by the Planning and Zoning Commission, and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts. Any Ordinance may be ordered for consideration by the City Council, be initiated by the Planning and Zoning Commission, or be requested by the owner of real property, or the authorized representative of an owner of real property.
Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written application 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 proof of ownership.
33.3
Each application for zoning or for an amendment or change to the existing provisions of this Zoning Ordinance shall be made in writing on a form suitable to the City Secretary and shall be filed with the City and shall be accompanied by payment of the appropriate fee to be charged by the City of Italy, Texas for administering the zoning application.
33.4
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. Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for City taxes, located within the area of application and within two hundred feet (200') of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notice may be served by using the last known address as listed on the latest approved City tax roll and depositing the notice, 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. Notices for the public hearing before the City Council will also be published at the same time notice of the Planning and Zoning Commission meeting is published.
33.5
Failure to Appear:
Failure of the applicant or his representative to appear before the Planning and Zoning Commission for more than one hearing without an approved delay shall constitute sufficient grounds for the Planning and Zoning Commission to terminate the application.
33.6
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 until it has had opportunity to consider other proposed changes which 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 change 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 also be modified
F.
Any other factors which will substantially affect the health, safety, morals, or general welfare
33.7
Council Consideration:
A.
Proposal Recommended for Approval:
Every proposal which is recommended favorably by the Planning and Zoning Commission shall be forwarded to the 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 its publication as required by law.
B.
Proposal Recommended for Denial:
When the Planning and Zoning Commission determines that a proposal should be denied, it shall so report and recommend to the Council and notify the applicant. The Planning & Zoning Commission shall offer reasons to the applicant for its recommendation for denial. 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 Planning and Zoning Commission and/or City Council may deny any request with prejudice. If a request has been denied with prejudice, the same request may not be resubmitted to the City for one (1) year from the original date of denial.
C.
Council Hearing and Notice:
Notice of City Council hearing shall be given by publication at the same time notice is given for the Planning and Zoning Commission public hearing 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:
A favorable vote of three-fourths (3/4) of all members of the City Council shall be required to approve any change in zoning when written objections are received from twenty percent (20%) of the adjacent land owners, in compliance with the provisions of the State laws commonly referred to as the “twenty percent (20%) rule.” If a protest against such proposed amendment, supplement, or change 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 included in such a proposed change or those immediately adjacent to 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 a three-fourths (3/4) vote of the City Council.
33.8
Final Approval and Ordinance Adoption:
Upon approval of the zoning request by the City Council, the applicant shall submit a metes and bounds description to the City within thirty (30) days for the preparation of the amending ordinance. The amending ordinance shall be approved within six (6) months. If the amending ordinance is not approved within six (6) months, the zoning request, at the option of the City Council, may be recalled for a new public hearing.
(Ordinance 173 adopted 6/7/88)