Amendments to existing zoning district boundaries, the use and development regulations affecting a specific property or a specific zoning district, and other regulations that do not have a general city-wide effect shall be adopted in accordance with the following procedures:

(1)

Preliminary conference. Prior to submitting an application for a zoning change, an applicant or the applicant's authorized representative should meet with the director to receive information regarding application procedures and requirements.

(2)

Application. An application for a zoning change pursuant to this section may be made by an owner of the property or by an authorized representative of the owner, and/or by the city. Such application shall be filed with the department on forms approved by the director and include the applicable fee. An application for an amendment to the zoning regulations initiated by the city shall be completed by the director.

(3)

Complete application required. No application shall be considered until it is determined by the director to be complete. An application shall be deemed to be complete only when the signed application form and all information set forth on the application checklist for the type of zoning change requested has been submitted to the department and the required application fee has been paid.

(4)

Review process. Upon receipt of a complete application for a zoning change request, the application shall be reviewed under the process governing the review of an application for rezoning under V.T.C.A., Texas Local Government Code ch. 211, including notification, a report from the director, and public hearings before the planning and zoning commission and city council, allowing for testimony from the applicant and others who have an interest in the matter, facts, and opinions concerning the proposed change. Notification as referenced above shall include a notification sign posted on the subject property by the director, visible to persons using the public right-of-way, and which states the purpose and dates of the hearings. The director shall install the sign at least 11 days before the first public hearing and the sign must remain posted and visible during the pendency of the review. Such sign is exempt from the city's sign code as a government sign.

(5)

Report of the planning division. The director shall review and prepare a report and recommendation regarding the application for a change in zoning, which shall be forwarded to the commission for consideration, and which shall contain:

a.

A review of the specifics of the application;

b.

A summary of any public comment received; and

c.

The recommendation of the director regarding the application, or if the director has no recommendation, a statement to that effect.

(6)

Recommendation of the planning and zoning commission. After receiving the report and recommendation of the director, including a summary of public comment received, and after conducting and closing the public hearing, the planning and zoning commission shall issue a final report on the application to city council, which shall contain one of the following recommendations:

a.

Approve as requested;

b.

Approve with modifications recommended by the commission; or

c.

Deny.

(7)

Effect of recommendation to deny. Where the planning and zoning commission makes a recommendation to deny a request for a zoning change, the application will not automatically be placed on a city council agenda. In order council to consider the application pursuant to an agenda item, the applicant shall appeal the commission's decision in writing to city council within 14 days after the commission's recommendation to deny. The appeal will then be placed on a council regular meeting agenda as close to within 30 days as possible, to account for legal notice requirements and holiday schedule. The applicant may request an extension of no more than 60 days from the date of the commission's denial.

(8)

Action by city council. After the close of the public hearing, the receipt of the final report of the commission, and any additional information and recommendations provided by the director, city council may take one of the following actions:

a.

Deny the application;

b.

Approve an ordinance adopting the zoning changes requested by the applicant;

c.

Approve an ordinance adopting the zoning changes as recommended by the commission; or

d.

Approve an ordinance adopting the zoning change as determined by council.

(9)

Recess of the public hearing. After commencement of a public hearing, the planning and zoning commission or city council may recess a public hearing from time to time in accordance with state law.

(Ord. No. 2019-17, § 2, 8-27-2019; Ord. No. 2020-18, §§ 10, 11, 10-13-2020; Ord. No. 2022-02, § 13, 3-22-2022)

In no case shall city council approve a zoning change that is less restrictive or which includes a larger area than set forth in the public notice required under V.T.C.A., Local Government Code § 211.007, until a new public notice is given and public hearing held on such less restrictive zoning change.

(Ord. No. 2019-17, § 2, 8-27-2019)

The affirmative vote of at least three-fourths of all members of the city council shall be required before a change proposed pursuant to section 60-66, above, may take effect if there is delivered to the city secretary written protests of the change in accordance with V.T.C.A., Local Government Code § 211.006 as follows:

(1)

Minimum land area required. This section shall apply only if protests in proper form are received from owners of at least 20 percent 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.

(2)

Form of protest. A protest filed pursuant to this section shall be deemed to be in proper form and effective only if it:

a.

Contains a reference to the zoning application being protested, such as the address or location of the property under request, case number assigned by the city, or other identifying information;

b.

Is signed by the owner(s) of the property;

c.

In the case of a governmental entity, is accompanied by a certified copy of the order or resolution or a letter signed by the chief officer of the governing body of the governmental entity authorizing the issuance of the protest;

d.

Is delivered to the director prior to the taking of any vote of the planning and zoning commission or to the city secretary prior to the taking of any vote of city council on the matter.

(Ord. No. 2019-17, § 2, 8-27-2019)

In computing the percentage of ownership of land referred to in this section:

(1)

The area of streets and alleys shall be included in calculating the total land area within 200 feet of the lots or land covered by the proposed change;

(2)

If a street or alley is not owned by the public in fee simple, the property owner(s) adjacent to the street or alley shall be credited with ownership to the center line of the street or alley; and

(3)

If a street or alley is owned in fee by a federal, state, or local governmental entity on behalf of the public, then the governmental entity shall be considered to be the owner of the street or alley regardless of the ownership of the adjoining property and the percentage of the ownership shall be attributable to the governmental entity.

(Ord. No. 2019-17, § 2, 8-27-2019)

An owner may withdraw a protest filed pursuant to this section at any time prior to the taking of a vote by city council on the ordinance adopting the change by:

(1)

Delivering to the city secretary a written request to withdraw the protest prior to the taking of the vote; or

(2)

Personally appearing before the planning and zoning commission or city council and requesting the withdrawal of the protest.

(Ord. No. 2019-17, § 2, 8-27-2019)

An applicant may withdraw a request for a zoning change at any time prior to the convening of the meeting at which the application is scheduled to be considered by delivering a written request for withdrawal of the application to the director prior to the beginning of said meeting. An applicant shall not be entitled to the refund of any application fee for an application withdrawn. Furthermore, an application for a zoning change which was previously the subject of a withdrawn application shall be treated as a new application and accompanied by a new application fee.

(Ord. No. 2019-17, § 2, 8-27-2019)

An applicant for a zoning amendment pursuant to this article may request that the public hearing regarding an application be considered at a date later than the date originally scheduled; provided, however, such request for postponement shall be:

(1)

Made in writing by the applicant not later than 72 hours prior to the time which the meeting is scheduled to convene;

(2)

Accompanied by the applicable fee necessary to reimburse the city for publishing the required public notice for the later meeting; and

(3)

If notice was originally sent pursuant to V.T.C.A., Local Government Code § 211.007, the applicable fee necessary to reimburse the city for sending a notice of postponement to those originally notified.

(Ord. No. 2019-17, § 2, 8-27-2019)

No application for a zoning change, including the establishment of a planned development district, for property which includes all or part of the same property which was described in a previously denied application for a zoning change, shall be accepted by the department earlier than one year after the date of final action on the prior application by the last of the planning and zoning commission or city council to act, unless:

(1)

The commission determines the use for which the new application is made is not the same or a similar use to that proposed in the previously denied application; or

(2)

The commission determines that conditions relating to the property adjacent to the property which was the subject of the previously denied application have substantially changed, in which case a six-month waiting period shall be imposed from the date of the final action of the commission or city council on the prior application, whichever body was the last to act, until a new application can be filed.

(Ord. No. 2019-17, § 2, 8-27-2019)

When the city contemplates an amendment to this zoning code which has general application to all property within the city or will result in a revision of all or a substantial portion of its zoning map, including comprehensive changes to zoning classifications, district boundaries, and land use regulations regardless of whether such changes are made in one or a series of ordinances, such change shall be deemed to be a major change and shall be made in accordance with the following procedures:

(1)

How initiated. City council or the planning and zoning commission, with or without the request of any citizen, may initiate such changes.

(2)

Public hearings; notice; final action. The commission and city council shall provide public notice, conduct public hearings, and take all action related to the adoption of any comprehensive changes in accordance with V.T.C.A., Local Government Code § 211.007. City council may, at its sole discretion, conduct joint public hearings with the commission prior to receipt of the final report of the commission on the proposed changes.

(Ord. No. 2019-17, § 2, 8-27-2019)

Zoning changes which result in a change in the permitted uses or conditional uses of a zoning district and which affect all of the property within the zoning district are major changes pursuant to section 60-73, above.

(Ord. No. 2019-17, § 2, 8-27-2019)