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Lufkin City Zoning Code

ARTICLE XXVI

CHANGES AND AMENDMENTS

§ 1 Changes and Amendments.

The City Council, by ordinance, may amend, supplement or change zoning district boundaries or the regulations herein established. Any action by the City Council to amend, supplement or change zoning district boundaries or other regulations herein established, shall be made only after a public hearing conducted by the Planning and Zoning Commission and receipt of a recommendation from the Commission. The City Council shall also conduct a public hearing before adopting any amendment, supplement or change. Notwithstanding any procedure established by the City of Lufkin to facilitate amendments, supplements, or changes, the procedure shall comply with the minimum requirements established by the State of Texas.
Any person, firm or corporation having a proprietary interest in any property may make application requesting an amendment, supplement or change to a zoning district boundary or regulation, herein established. Such application shall consist of all necessary information and documentation to adequately convey the aspects of the request. The application shall be accompanied by a filing fee in an amount established by the City Council.
The Planning and Zoning Commission, on its own volition; at the request of the City Council; or any city department, board, agency or other commission, may study and propose amendments, supplements or changes to zoning district boundaries or the regulations contained herein.
Where the Planning and Zoning Commission is considering a change in zoning or approval of a Special Use Permit, the Commission may, within its discretion, make the following recommendations to the City Council:
A. 
Recommend approval of the change in zoning;
B. 
Recommend denial of the change in zoning;
C. 
Recommend denial of Special Use Permit;
D. 
Recommend approval of a Special Use Permit, allowing a specified use, within a higher classified zoning district. Conditions of operation, location, arrangement and construction, may be established when deemed important to the welfare and protection of adjacent property.
If a proposed change to a regulation or boundary receives written protest, being signed by the owners of at least 20 percent of the area of the lots or land covered by the proposed change, or the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area, then a three-fourths affirmative vote of all the members of the City Council shall be required in order to take effect. In computing the percentage of land under protest, the area of streets and alleys shall be included. Additionally, an affirmative vote of at least three-fourths of all members of the City Council is required to overrule a recommendation of the Planning and Zoning Commission that a proposed change to a regulation or boundary be denied in order for the change to take effect.
The Official Zoning Map of the City shall be kept in the City Planning Department, and all changes in district boundaries shall be noted thereon immediately after approval by the City Council.
In those circumstances where a request for a change in zoning or a request for approval of a Special Use Permit is denied by the Governing Body there may be no other submittal for approval for the same property until a period of 12 months has passed. An exception may be granted to this provision for applications that have undergone substantial change. Substantial change is evidenced by the addition of a buffer area between the applicant and adjacent properties or the requested zoning classification has been changed from the original application. Additionally, a formal request can be made to the Planning and Zoning Commission to determine whether the application has substantial change and warrants being rescheduled for the Commission at a follow-on meeting. Requests for determinations of substantial change will be listed as individual agenda items for the Commission. This request must occur at a meeting separate from the hearing for approval.
(Ordinance 3368 adopted 2/10/1999, as revised through 10/19/2010)