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Levelland City Zoning Code

§ 9.519

Amendment of Article.

(a) 
Amendment.
The City Council may from time to time, on its own motion or upon petition amend, supplement, change, modify by Ordinance the boundaries of districts or modify the regulations or restrictions herein established. Any proposed amendment, supplement, change or modification shall first be submitted to the City Planning and Zoning Commission for its recommendations and report. If the City Planning and Zoning Commission makes no report within thirty (30) days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change.
(b) 
Notice.
Notices of hearing on any proposed amendment, supplement, change or modification shall be given in accordance with State Statutes as they now exist or as they may hereinafter be altered or amended. As a minimum, however, the following procedural steps shall be followed:
(1) 
For a proposed change in classification, the Planning and Zoning Commission shall cause to be issued by mail, written notice of a public hearing before the Planning and Zoning Commission to all owners of city real property (owners as shown on the last approved city tax roll) whose property lies within two hundred (200) feet of the property on which the change is proposed.
(2) 
If part of the property within the two hundred (200) feet was annexed to the city since the approval of the last city tax roll, notice shall be given to those property owners by newspaper publication at least fifteen (15) days before the hearing.
(3) 
The mailed notices shall be properly addressed, postage paid and deposited in the city post office at least ten (10) days before the hearing date.
(4) 
At least fifteen (15) days before the public hearing before the City Planning and Zoning Commission, notice shall be published one time in a newspaper of general circulation in the city.
(5) 
Following the hearing and recommendation of the Planning and Zoning Commission to the City Council, at least fifteen (15) days notice of the time and place of a public hearing on the proposal before the City Council shall be published in a paper of general circulation in the city.
(b-1) 
Notice Involving Substantial Amendments.
Notices of hearings on any proposed amendments, supplements, changes, or modification proposed as part of a comprehensive review of this chapter undertaken by the Planning and Zoning Commission shall be given as follows:
(1) 
Prior to taking final action on any proposal to the City Council calling for substantial or comprehensive amendments, supplements, changes or modifications to this chapter, the Planning and Zoning Commission shall conduct a public hearing. Notice of this public hearing shall be published two times in a newspaper of general circulation in the city, the first publication being not less than fifteen (15) days prior to the public hearing, and the second publication being not more than seven (7) days prior to the public hearing.
(2) 
Prior to taking final action on a proposal from the Planning and Zoning Commission involving substantial or comprehensive amendments, supplements, changes or modifications to this chapter, the City Council shall conduct a public hearing. Notice of this public hearing shall be published one time in a newspaper of general circulation in the City, with such publication being not less than fifteen (15) days prior to the public hearing.
(c) 
Twenty Percent Rule.
If the city planning commission recommends against, or if a protest against such proposed amendment, supplement, change or modification shall be presented to the City Manager, duly signed by the owners of 20 percent or more, either of the area of lots or land included in such proposed change, or of the lots or land immediately adjoining the same, the modification shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the City Council.
(d) 
Fees.
Before any action shall be taken as provided in this article, the applicant for such amendment shall deposit with the City Secretary the sum of $100.00 to cover costs and expenses relative thereto.
(e) 
In any Ordinance changing the boundaries of any zoning district, or changing the zoning classification of any lot, block, tract or other parcel of land, the City Council shall have the authority to condition the approval of any such change in any manner deemed appropriate in order to protect the interests of other properties, including the authority to limit the use of such lot, block, tract, or other parcel solely to the use proposed as part of the application or request for such zoning change. The approved use shall be considered for all purposes as being the grant of a conditional use, notwithstanding that the proposed use would otherwise be an unconditionally permitted use in that classification of zoning district. Any subsequent change in use will require approval from the City Council in the same manner as any other conditional use.
(Ordinance 635, sec. 19, adopted 11/17/81; Ordinance 810, adopted 11/18/97; Ordinance 940 adopted 7/20/09)