Before taking action on any proposed amendment, supplement, or change to a zoning district classification or boundary or a zoning district regulation, the City Council shall submit the proposed revision to the Planning and Zoning Commission for its recommendation and report.

The Planning and Zoning Commission shall make a preliminary report and hold Public Hearings thereon before submitting its final report. Written notice of all Public Hearings before the Planning and Zoning Commission on proposed changes to a zoning district classification or boundary shall be sent to owners of real property lying within 200 feet of the property on which the change in classification or boundary is proposed, such notice is to be given not less than ten (10) days before the date set for hearing to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax rolls. Such notice may be served by depositing it, properly addressed and postage paid, in the Red Oak Post Office.

After receipt of the final report and recommendation of the Planning and Zoning Commission, a Public Hearing shall be held by City Council before adopting any amendment, supplement or change to a zoning district classification or boundary or district regulation. Notice of the hearing shall be published one time in a newspaper of general circulation in the city, giving the time, date and place of such hearing and describing in reasonable detail the proposed amendment, supplement or change. Such notice shall be published at least 15 calendar days prior to the date of such hearing. In addition to the publication of notice in the newspaper, the city secretary shall make a good faith effort to provide additional notices of the hearing by: a) posting notice on the city’s website, at least 15 calendar days preceding the date of the hearing; b) sending notice by email, at least seven calendar days prior to the date of hearing, to all residents who have provided their e-mail addresses to the city, or to the city’s e-mail service provider, for purpose of receiving email notices from the city; and c) mailing a copy, at least seven calendar days prior to the date of the Hearing, by regular U.S. mail, to any residents who have notified the city secretary, in writing, of their desire to continue to receive such notices by mail. The requirement for providing these additional forms of notice is directory and not mandatory and any failure by the city secretary to provide the additional forms of notice shall not affect the validity of any action taken by the City Council on a proposed zoning change.

All costs of such publication providing notice shall be paid by the person requesting such amendment, supplement or change, if any.

The City Council may conduct a Joint Public Hearing with the Planning and Zoning Commission on a proposed zoning change. The City Council and the Planning Commission shall be required to provide the same notices for a Joint Public Hearing as is required under this article for separate public hearings.

Unless such proposed amendment, supplement or change has been approved by the Planning and Zoning Commission or in case of a protest signed by the owners of 20 percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent to the rear thereof extending 200 feet therefrom, all of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the City Council.

The City Council’s decision is final unless appealed to District Court within ten (10) days after the Council’s decision is filed in the office of the city secretary. Such appeal must be made in accordance with Chapter 211 of the Texas Local Government Code. The Council’s decision is filed in the office of the city secretary when the City Council votes and makes its decision in open session.