City Council;

The Planning and Zoning Commission;

Public Petition; or

City Manager.

The City Council may on its own motion, amend, supplement, change, modify, or repeal the regulation standards and boundaries herein established. In addition, a comprehensive review of the Zoning Ordinance text and map shall be made by the Planning and Zoning Commission for the purpose of keeping the City current with development patterns and innovative methods in zoning. The Planning and Zoning Commission shall prepare reports and recommendations thereon for the Mayor and City Council, as they deem appropriate.

Any person, firm, or corporation petitioning the City Council for a change in the regulations or the Zoning District Map (rezoning) shall do so upon forms provided for such purpose by the office of the City Secretary. All petitions for changes shall also be given to the City Secretary if said application for change originates with any member of the City Council or Planning and Zoning Commission.

All petitions for amendments to this Ordinance shall be in writing, signed, and filed in triplicate with the City Secretary for presentation to the Planning and Zoning Commission.

All petitions for amendments to this Ordinance, without limiting the right to file additional petitions, shall contain the following:

Fees shall be set by City Council by fine and fee schedule.

The City Secretary upon receipt of a fully executed petition and filing fee, as required in Section 19.3, shall refer the petition to the Planning and Zoning Commission for its recommendation and report. The Planning and Zoning Commission shall give public notice and hold a public hearing, and shall make a final report to the City Council recommending such action as the Planning and Zoning Commission deems appropriate. The City Council shall, after public notice and hearing as required by state law and this Ordinance, at either a regular or special meeting, adopt, modify or deny the proposed changes, amendments, or use permits (19.5B).

Each public petition for a zoning amendment or rezone shall be accompanied by a filing fee that will be set by resolution or other action of the City Council. This fee shall not be refundable to the applicant regardless of what action is taken on the petition.

No action to amend, supplement, change, modify, or repeal the Zoning Ordinance or the District Map shall be final until there shall have been a public zoning hearing with public notice of such hearing.

Notice of any public zoning hearing, involving only the Zoning Ordinance and not the District Map, shall be given in the official City publication. The change or amendment to be considered and the time and place shall be stated. The hearing date shall not be earlier than fifteen (15) days from the date such publication.

Notice of any public zoning hearing involving a change or amendment to the District Map or the granting of a Use Permit shall be given as set forth in section 19.4A. In addition, written notice shall be given of the time, place, and a description of the proposed change. Such notice shall be sent to the owners as determined from the most recently approved city tax roll of real property lying within two hundred (200) feet of the property on which the change in classification or conditional use permit is proposed. Such notice shall be given in writing by U.S. mail not less than ten (10) days before the hearing date.

Rules of order commensurate with proper conduct, hearing of arguments, and receiving of evidence shall be observed at the hearings by the Planning and Zoning Commission and the City Council. The recording of minutes, by audio recording or written minutes, shall be made at each hearing, and shall be maintained or filed in the office of the City Secretary or the City Secretary’s designated representative.

In cases when the Planning and Zoning Commission recommends against a proposed Use Permit, Ordinance amendment, change to the official Zoning Map, supplement, change, repeal of the regulation or restriction of the Zoning Ordinance, or the boundaries of the District Map herein established, the affirmative vote of at least three-fourths (3/4) of all members of the City Council is required to overrule the recommendation. In the event a written protest to a proposed change to a regulation or boundary is submitted to the office of the City Secretary, the protest must be signed by the owners of at least twenty percent (20%) of the area of the lots included in such proposed change, or owners immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area, and such amendment, supplement, change, modification, or repeal shall not become effective except by the affirmative vote of three-fourths (3/4) of all members of the City Council.

If the City Council fails to pass an ordinance approving a Use Permit, Zoning Ordinance amendment, Zoning Map amendment, and/or rezoning, a new petition affecting the same property for a similar or identical proposed Use Permit, Zoning Ordinance/Zoning Map amendment, or rezoning shall not again be considered until after the expiration of twelve (12) months from the date of denial of the petition. The new petition must show that a substantial change in conditions has occurred. The procedures for such applications shall be the same as if the applicant had never filed a previous application for a Conditional Use Permit, Zoning Ordinance/Zoning Map amendment, and/or rezoning.

The City Council of the City of Navasota, Texas, after public hearing, proper notice to all affected parties and after recommendation by the Planning and Zoning Commission, may authorize the issuance of Conditional Use Permits.

Use Permit review allows for the City Council, upon recommendations from the Planning and Zoning Commission, the discretionary approval of uses with unique or widely-varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this Ordinance. Conditional uses are generally compatible with those uses permitted by right in a zoning district, but require individual review of their location, design, configuration, density and intensity. Such permits are assigned to the property and will continue to be valid with sale or other transfer of the property. Specific uses are not generally compatible with those uses permitted by right in the zoning district, but by the unusual circumstances (existing uses and historic uses) in the area, consideration of the use is advisable. Such uses are granted to the owner of the property and are not transferable with the sale of the property.

The Planning and Zoning Commission, in considering and determining their recommendation to the City Council regarding requests for Use Permits, may require plans, information, operating data, and expert evaluations concerning the location, function, and characteristics of proposed buildings or uses.

The City Council may, in the interest of the public welfare and to assure compliance with this Ordinance, establish conditions of operation, location, arrangement, and construction of any use for which a Use Permit is authorized. In authorizing the uses listed as Conditional Uses or for Specific Use Permits, the City Council may impose such development standards and safeguards. The conditions and location are important to the welfare and protection of adjacent property from excessive noise[,] vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, or offensive view of other undesirable or hazardous conditions.

One (1) copy of an approved Use Permit shall be delivered to the owner of the property. One (1) copy shall be filed in the office of the Building Official.

Following the issuance of a Use Permit, the Building Official shall ensure that, if the development is undertaken, it is completed in compliance with said permit. However, if a Use Permit has not been used within six (6) months after the date granted, the permit is automatically cancelled. This shall be noted by the signature of the Building Official on the file copies of the permit. The owner shall be notified of the cancellation of the permit in writing.

The Planning and Zoning Commission and/or the City Council may impose additional reasonable restrictions or conditions to carry out the spirit of intent of this Ordinance and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping, and additional improvements such as curbing and sidewalks.