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

(Prior Code, § 24-601; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

This subchapter provides a procedure for amendment to the written text of this chapter or the Official Zoning District Map, the creation and approval of planned development districts and the approval of specific use permits as amendments to this chapter.

(B)

Amendments are not intended to relieve particular hardships or to confer special privileges or rights on any person but to amend this chapter in light of changed circumstances and conditions. In determining whether to grant a requested amendment, the city council and the planning and zoning commission shall consider the consistency of the proposed amendment with the provisions of the comprehensive plan set forth in section 153.04 of this chapter.

(Prior Code, § 24-602; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

Any person desiring to petition for an amendment to the written text of this chapter or to the Official Zoning District Map shall be required to file an application in writing with the planning and zoning official, accompanied by a nonrefundable application fee, in an amount established by the city council, to defray the actual cost of processing the application.

(B)

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 chapter and a statement of the present provisions and section or sections of this chapter sought to be amended, or in the event the proposal concerns a change in the Official Zoning District Map, then a clear delineation of the area set out on the map sought to be rezoned;

(3)

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

(4)

A statement as to the conformity of the proposed amendment to the comprehensive plan set forth in section 153.04 or the reason for any deviation from the plan and the precise wording of any proposed change in the plan to bring the plan into conformity with the proposed amendment; and

(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 proposed 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 to be affected;

(d)

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

(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)

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

(Prior Code, § 24-603; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

Any person desiring to petition for a planned development amendment to this chapter shall be required to file an application in writing with the planning and zoning official, accompanied by a nonrefundable application fee, in an amount established by the city council, to defray the actual cost of processing the application.

(B)

The application shall include the following information:

(1)

The name and address of the applicant; and in the event that the applicant is a partnership, the full name and address of the general partner, and in the event that the applicant is a corporation, the full names and addresses of all officers, a statement as to the state of incorporation, the name and address of the registered agent and the address of the registered office of the corporation;

(2)

The section or sections of this chapter authorizing a planned development amendment;

(3)

A legal description and street address of the property which is the subject of the application;

(4)

A statement of ownership accompanied by a certificate from a title insurance company certifying ownership;

(5)

A written description of the proposed development and a site plan which graphically sets forth the following:

(a)

The size of the subject property;

(b)

The general location of the public streets and/or points of ingress to and egress from the development, with a description of the parameters desired for variation from the proposed location of the public streets and/or points of ingress or egress;

(c)

The proposed number and height of any and all buildings to be constructed upon the site, with a description of the parameters desired for variation from the proposed number and height of any and all buildings;

(d)

The proposed lot coverage and floor area ratio of all buildings to be developed, with a description of the parameters desired for variation from the proposed lot coverage and floor area ratio of all buildings to be developed; and

(e)

The proposed location of any and all green space, public parks or other areas reserved for public use in the proposed development, with a description of the parameters desired for variation from the proposed location of any and all green space, public parks or other areas reserved for public used in the proposed development.

(6)

An environmental assessment form, in a form as prescribed by the planning and zoning official, which shall include but not be limited to a traffic impact analysis, an analysis of demand on utilities and their capacity, a description of development phases or stages, if applicable, and other data as may be deemed necessary; and

(7)

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

(Prior Code, § 24-604; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

Any person desiring to petition for a specific use amendment to this chapter shall be required to file an application in writing with the planning and zoning official, accompanied by a nonrefundable application fee, in an amount established by the city council, to defray the actual cost of processing the application.

(B)

The application shall include the following information:

(1)

The name and address of the applicant; and in the event that the applicant is a partnership, the full name and address of the general partner; and in the event that the applicant is a corporation, the full names and addresses of all officers, a statement as to the state of incorporation, the name and address of the registered agent and the address of the registered office of the corporation;

(2)

The section or sections of this chapter authorizing a specific use amendment;

(3)

A legal description and street address of the property which is the subject of the application;

(4)

A statement of ownership accompanied by a certificate from a title insurance company certifying ownership;

(5)

A written description of the proposed specific use as provided for in this code;

(6)

A written environmental assessment statement describing in general terms the impact of the development for which approval is sought and providing any specific information that the planning and zoning official shall deem necessary; and

(7)

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

(Prior Code, § 24-605; Ord. 85-036, §§ 1, 2, 12-5-1985)

Nothing herein shall prevent the planning and zoning commission from calling and conducting public hearings on proposals by the commission for amendments to the text of this chapter 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 chapter or the Official Zoning District Map.

(Prior Code, § 24-606; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

When any amendment is proposed under the provisions of this chapter, the city council may, at its discretion and 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.

(B)

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, and upon request by any applicant, the city council shall then, by ordinance, call and hold its public hearing prior to finally considering the amendment.

(Prior Code, § 24-607; Ord. 85-036, §§ 1, 2, 12-5-1985)

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 in accordance with this subchapter.

(Prior Code, § 24-608; Ord. 85-036, §§ 1, 2, 12-5-1985)

Every required notice shall include the date, time and place of the hearing, statement of the proposal under consideration or the text of the proposal to be considered and identification of the body conducting the hearing.

(Prior Code, § 24-609; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

For public hearings before the commission, notice of the public hearings shall be given by publication in the official newspaper of the city, and the hearings shall not occur earlier than ten days from the date of the publication. When the matter under consideration by the 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, excluding public lands, easements or rights-of-way, and the owners of such additional property as may be designated by the commission. The notice shall be given not less than ten days before the date set for the hearing by depositing the notice in the mail, properly addressed and postage prepaid, to each taxpayer as the ownership appears on the last approved tax roll.

(B)

For public hearings before the city council, notice of the public hearings shall be given by publication in the official newspaper of the city, and the hearings shall not occur earlier than 15 days from the date of the publication. When the matter under consideration by the commission involves an amendment or change in the classification or boundary of a zoning district, written notice of public hearing before the city council 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, excluding public lands, easements or rights-of-way, and the owners of such additional property as may be designated by the city council. The notice shall be given not less than 15 days before the date set for the hearing by depositing the notice in the mail, properly addressed and postage prepaid, to each taxpayer as the ownership appears on the last approved tax roll.

(C)

Notwithstanding the provisions of subsections (A) and (B) of this section, in the case of a joint public hearing, in addition to the required publication, the city council may, by a two-thirds vote of the members of the council, prescribe some manner and method of notice other than mailing of written notice as herein contemplated, as the same may, from time to time, be authorized by the laws of the state.

(Prior Code, § 24-610; Ord. 85-036, §§ 1, 2, 12-5-1985)

In the case of a hearing in regard to an amendment to the Official Zoning District Map or a planned development amendment, at least 15 days prior to any public hearing under this chapter, a sign at least four square feet in front surface area which describes the nature of the amendment and the date, time and location of the hearing shall be posted on the property which is subject of the hearing. It shall be the duty and responsibility of the applicant to procure the sign and to cause the same to be properly lettered so that the same might be easily visible from all public streets and public ways abutting the property. The applicant shall file with the planning and zoning official an affidavit of posting, which affidavit shall be made under oath and shall specify that a sign, meeting the requirements of this section, has been posted at or before the time required. The filing of the affidavit with the record shall be sufficient proof of compliance with this section; and no one may complain of the validity of any amendment because the sign has been prematurely removed or is alleged not to have been posted. The filing of an affidavit of posting in a form as found in Appendix C of this chapter, in conjunction with the certificate of the planning and zoning official, shall be prima facie evidence and conclusive for all purposes of compliance with this section.

(Prior Code, § 24-611; Ord. 85-036, §§ 1, 2, 12-5-1985)

(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. Each person who appears at a public hearing shall identify himself or herself, his or her address and state the name and mailing address of any organization he or she 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 or she shall deem fit, address the 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 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 chapter 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 record the proceedings by any suitable and available process, which shall be duplicated by any appropriate means at the request of any person upon application to the city secretary and payment of a fee to cover the cost of transcription, or the audio record (tape) may be duplicated.

(2)

The transcript of oral proceedings, including testimony and statements of personal opinions, the minutes of the secretary, all applications, exhibits and papers submitted in any proceeding before the decision-making body, the report of the planning and zoning official or other member of the city staff and the decision and report or reports of the decision-making body, shall constitute the record.

(3)

All records of the decision-making bodies shall be public records, open to inspection at reasonable times and upon reasonable notice in accordance with V.T.C.A. Government Code ch. 55, 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 temp or member of city council designated by a majority of the members of the city council present shall preside.

(Prior Code, § 24-612; Ord. 85-036, §§ 1, 2, 12-5-1985)

All decision-making bodies shall act expeditiously and promptly to conclude their deliberations and take final action on the matter before them. These actions should be taken as promptly as possible in consideration of the interest of the citizens of the city.

(Prior Code, § 24-613; Ord. 85-036, §§ 1, 2, 12-5-1985)

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

(A)

A clear statement of specific findings;

(B)

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

(C)

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

(D)

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 determinations made.

(Prior Code, § 24-614; Ord. 85-036, §§ 1, 2, 12-5-1985)

A planned development amendment or a specific use amendment may be granted and may be allowed to continue if it meets the following criteria and standards and is otherwise in accord with this code:

(A)

The planned development amendment or specific use amendment is consistent with the purposes, goals, objectives and standards of the comprehensive plan of the city as set out in section 153.04;

(B)

The design of the proposed development, considered as a part of the planned development amendment or specific use amendment, minimizes adverse effects, including visual impacts of the proposed use on adjacent properties;

(C)

The proposed development will not have an adverse effect on the value of the adjacent property;

(D)

The proposed development will not unduly burden essential public facilities and services, including streets, police and fire protection, sanitary sewers, storm sewers, solid waste disposal and schools; and

(E)

The applicant for the development has adequate financial and technical capacity to complete the development as proposed and has met all requirements of this code, including such conditions as have been imposed as a part of a planned development amendment or specific use amendment.

(Prior Code, § 24-615; Ord. 85-036, §§ 1, 2, 12-5-1985)

The city council may enact such amendments to this chapter under the conditions as herein provided and subject to the procedure as provided herein upon finding of the changed circumstances or conditions necessitating the amendment. No amendment to this chapter, 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 find shall be made that the proposed amendment is in compliance with the comprehensive plan of the city as set out in this chapter, or if not in compliance, what new facts or circumstances necessitate a change in the comprehensive plan.

(Prior Code, § 24-616; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

The city council shall, subject to the requirements and conditions herein set out, upon receipt and acceptance of the report and recommendation of the planning and zoning commission and appropriate public hearing(s), enact ordinances amending this chapter or the Official Zoning District Map as its decision-making determination in accordance with the provisions of this chapter. In the case of a planned development amendment or a specific use amendment, the city council may approve the site plan within parameters subject to those conditions, safeguards and restrictions as the city council may deem appropriate and necessary.

(B)

In the event of a written protest against this change, signed by the owners of 20 percent or more either of the area of the lots or land included in the proposed change or of the lots or land immediately adjoining the same and extending 200 feet therefrom, the amendment shall not become effective except by the favorable vote of three-fourths of all of the members of the city council.

(C)

The city council may, if it deems necessary, refer the proposal to such other official, board or commission for further study and review, or take no action.

(Prior Code, § 24-617; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

Planning and zoning commission. The planning and zoning official shall mail to any interested applicants by certified mail, return receipt requested, a letter setting out the decision of the planning and zoning commission.

(B)

City council. In the case of the final adoption of an ordinance, the city clerk 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 the interested applicants by certified mail, return receipt requested, a letter setting out the decision of the city council.

(Prior Code, § 24-618; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

The applicant shall file with the building official a final site plan in conjunction with its request for a building permit. The final site plan shall show compliance with the parameters and conditions established by the city council and the planned development amendment ordinance. In the event the planned development amendment contemplates a development consisting of more than one building, the applicant shall only be required to file a final site plan for the site upon which the building sought to be constructed is located.

(B)

The building official shall issue a building permit if the final site plan is in accord with the provisions of this chapter and the planned development amendment and if all other conditions of this code and administrative orders of the building official have been complied with.

(Prior Code, § 24-619; Ord. 85-036, §§ 1, 2, 12-5-1985)

Whenever any application for an amendment or change in the Official Zoning District Map is denied after public hearing, a second application for amendment or change in the Official Zoning District Map, being substantially the same as the first application, from the same applicant and involving the same property, shall not be considered within two years from the date of denial. The body charged with conducting the public hearing immediately prior to the denial shall resolve any question concerning the similarity of a second application.

(Prior Code, § 24-620; Ord. 85-036, §§ 1, 2, 12-5-1985)