The city council may amend the regulations of the zoning ordinance or the zoning map as prescribed below:

(1)

Amendment Initiation. An amendment may be initiated by the city council, the planning and zoning commission or by one (1) or more owners of property.

(2)

Accompanying Data. An application for a zoning amendment shall be submitted to the director of planning and community development (the "director") and should be accompanied by the following information:

(A)

Application form;

(B)

Fee;

(C)

Site plan;

(D)

Building plans, such as floor plans, architectural elevations, if applicable;

(E)

Written description of the proposed use of the property; and

(F)

Any other data necessary to fully demonstrate the facts of the application.

(3)

Public Hearing.

(A)

Upon determination that the application is complete, a joint public hearing of the planning and zoning commission and the city council shall be held.

(B)

Absence of a quorum of the city council shall not prevent the planning and zoning commission from conducting a public hearing and making a recommendation to the city council for consideration by the city council at a meeting for which proper notice is given.

(4)

Action by the Planning and Zoning Commission.

(A)

Upon conclusion of the public hearing, the planning commission shall take action to recommend the city council approve, deny or table the proposed amendment, by affirmative votes of a majority of its membership. A report of the recommendation and findings of the planning and zoning commission shall be provided to the city council. The vote of the commission shall constitute the commission's report to the city council.

(B)

Written notice of the action by the planning and zoning commission shall be provided to the applicant, within three (3) working days of such decision.

(5)

Action by the city council.

(A)

If a joint public hearing of the planning and zoning commission and the city council is not held, the city council shall set the proposed amendment for public hearing.

(B)

The city council may, by simple majority vote, approve or deny an application to amend the zoning ordinance.

(C)

A three-fourths (¾) majority vote by the city council is necessary to approve a zoning district map amendment where the proposed amendment is opposed by twenty (20) percent or more of the property owners whose lands are lying within two hundred (200) feet of the site where the zoning designation change is sought.

(D)

If an application to amend the zoning ordinance or zoning map is denied by the city council, the application shall not be eligible for reconsideration for one (1) year subsequent to such denial. A revised application which affects all or part of the same property must be different from the application which was denied, in the opinion of the planning and zoning commission, to be eligible for consideration within one (1) year of the denial of the original application.

(6)

Findings. A proposed amendment to the zoning ordinance or zoning map shall not be approved unless it is found by the planning and zoning commission and the city council that the proposed amendment:

(A)

Carries out the goals and is consistent with the master plan; and

(B)

Is beneficial to the health and general welfare of the city.

(1982 Code of Ordinances, Chapter 13, Section 4; Ordinance 1997-15, adopted 7/8/97)

(a)

Variances. The purpose of a variance to the regulations contained in this zoning ordinance is to consider a development application which would otherwise not be permitted under the literal requirements of this zoning ordinance.

(1)

Variance Process.

(A)

A variance application shall be submitted to the director of the department of planning and community development, with the following information:

(i)

Application form;

(ii)

Fee;

(iii)

Site plan;

(iv)

Building plans, floor plans or architectural elevations, if applicable;

(v)

Written description of the proposed use of the property;

(vi)

Any other data necessary to fully demonstrate the facts of the application.

(B)

The director shall review the application for completeness.

(C)

Upon determination that the application is complete the director shall set the item for a public hearing with the zoning board of adjustment.

(D)

The director shall provide a written report to the zoning board of adjustment and the public, which identifies all relevant known facts related to the application, including evidence of whether the required findings can be supported, and a recommendation based on whether the findings required for approval can be made.

(E)

The zoning board of adjustment shall review the variance application.

(2)

Findings for Approval of Variance. The zoning board of adjustment shall approve a variance application if each of the following findings are made:

(A)

the variance is not contrary to the public interest,

(B)

special conditions exist in which a literal enforcement of the zoning ordinance would result in unnecessary hardship on the applicant,

(C)

the spirit of the zoning ordinance is observed and substantial justice is done by granting the variance.

(3)

Notification to Applicant. The director shall notify the applicant in writing of the decision of the zoning board of adjustment within three (3) business days of the decision.

(4)

Appeal of a Decision of the Zoning Board of Adjustment. A decision of the zoning board of adjustment may be appealed by any person to a court of competent jurisdiction as specified under the provisions of Chapter 211 of the Texas Local Government Code.

(b)

Special Exceptions. The purpose of a special exception is to conduct a review of an application for a land use which is not allowed by right, but may be appropriate for a specific site with special conditions established to mitigate or reduce the incompatibility of the proposed special exception. A special exception typically has the potential for negatively affecting the lawful use of the surrounding property if not properly constructed, operated or maintained.

(1)

Authority to Act on a Special Exception. The zoning board of adjustment has the authority to approve, conditionally approve, or deny an application for special exception.

(2)

Land Uses which Require Approval of a Special Exception. The land uses which require approval of a special exception are listed in the land use matrix.

(3)

Special Exception Review Procedure.

(A)

A variance application shall be submitted to the director of the department of planning and community development, with the following information:

(i)

Application form;

(ii)

Fee;

(iii)

Site plan;

(iv)

Building plans, floor plans or architectural elevations, if applicable;

(v)

Written description of the proposed use of the property; and

(vi)

Any other data necessary to fully demonstrate the facts of the application.

(B)

The director shall review the application for completeness.

(C)

Upon determination that the application is complete the director shall set the item for a public hearing with the zoning board of adjustment, following public hearing notice requirements.

(D)

The director shall make a written report to the board which identifies all known factors involved with the application, evidence of whether the required findings can be supported, a recommendation based on whether the findings of approval can be supported, and recommended conditions, if necessary, for approval.

(E)

The zoning board of adjustment shall review the special exception application.

(4)

Findings of Approval for Special Exception. The zoning board of adjustment shall approve the special exception if all of the following findings are made:

(A)

The special exception is in harmony with the intent of the zoning ordinance;

(B)

The public health, safety and welfare are substantially served;

(C)

Neighboring property will not be substantially adversely affected;

(D)

The special exception will not negatively affect the existing character of the zone;

(E)

The special exception conforms to the goals of the master plan.

(5)

Conditions of Approval for Special Exception. Conditions of approval which reasonably relate to the impact of the proposed use may be recommended by city staff and adopted by the zoning board of adjustment for an approved special exception. Conditions of approval are limited to reasonable conditions which carry out the goals of the master plan, carry out the intent of the zoning ordinance, and conditions which can be reasonably enforced by city staff.

(6)

Notification to Applicant of an Action Taken on a Special Exception. The director shall notify the applicant in writing of the decision of the zoning board of adjustment within three (3) business days of the decision.

(a)

Appeals of Decisions by the Zoning Board of Adjustment. A decision of the zoning board of adjustment may be appealed by any person to a court of competent jurisdiction as specified under the provision of Chapter 211 of the Texas Local Government Code.

(b)

Appeals of Decisions by the Historic Preservation Commission or City Staff. Decisions or actions made by the historic preservation commission, or city staff may be appealed as provided for in this section.

(c)

Time Limit and Application for Making an Appeal. Appeals must be made within ten (10) calendar days of the action which is being appealed. If the tenth calendar day falls on a weekend or an observed City of Orange holiday, the following weekday shall act as the final day for making an appeal of a decision. The appeal period shall end at 5:00 p.m. on the final day.

An appeal shall be made on a City of Orange application form, and shall at a minimum identify the decision which is being appealed, the reason for the appeal, and shall include the appropriate appeal fee.

Failure to submit a complete appeal application and the applicable fee within the specified time period shall be reason to render the appeal null and void.

(d)

Stay of Proceedings for an Appeal. An appeal shall stay all proceedings of the action that is appealed unless the historic commission or zoning board of adjustment from whom the appeal was taken certifies in writing to the hearing body that a stay would cause imminent peril to life or property.

(e)

Appeal Consideration.

(1)

Appeals of decisions of the historic preservation commission are heard by the city council.

(2)

Appeals of an administrative decision made by a member of city staff are heard by the zoning board of adjustment.

Where public hearings are required, the following requirements shall be met:

(1)

Public Hearing Notice Requirements. When public hearings are required by this zoning ordinance, the following notice requirements shall be met:

(A)

A notice of the public hearing shall be mailed by regular mail for all hearings except zoning amendments which shall be sent by U.S. Postal Service Certified Mail to property owners identified on the most recently approved Orange County Appraisal District tax roll, within three hundred (300) feet of the boundaries of the subject property, at least ten (10) days prior to the date of the public hearing. Notification to owners of property annexed into the city after the certification of the city tax roll, shall be met by the required notice in the newspaper. Failure of owners to receive notice of hearing shall not affect the validity of action.

(B)

A notice of the public hearing shall be made in a newspaper of general circulation within the city limits of Orange, at least fifteen (15) days prior to the date of the public hearing.

(2)

Contents of Public Hearing Notice. The contents of the public hearing notice shall, at a minimum contain the following information:

(A)

The name of the owner, applicant, engineer, architect or other parties involved;

(B)

Lot, block and address of the subject property;

(C)

A description of the application being made;

(D)

A description of the zoning ordinance section which is applicable to the subject application; and

(E)

The address and building location, date, and time in which the application will be considered.

The notice shall also indicate the necessary information for obtaining assistance for physically impaired persons who wish to attend the hearing.

(3)

Attendance by Applicant at Public Hearing. An applicant or his representative who submits an application, which requires a public hearing, is required to attend the public hearing at which the subject application is to be considered. Failure on the part of the applicant or his representative to appear at a public hearing for which notice has been properly given, shall constitute grounds for a continuance of any action on the application until proper notice is given to the applicant for the next meeting at which the application will be considered.

(1982 Code of Ordinances, Chapter 13, Section 4; Ordinance 2009-16, § I(Exh. A), adopted 5/23/09)

(a)

Six (6) months after approval of a zoning amendment by the City Council the Director will review the status of the property in question to determine if the proposed development is under construction. If work has not begun, the Director will contact the owner of the property for an update on the project and proposed time line.

(b)

Upon determination that no development progress has been made the Director will place an item on the next available Planning and Zoning Commission agenda to consider a zoning amendment to rezone the property to its prior zoning designation prior to the previous zoning approval by the City Council.

(Ordinance 2009-17, § I(Exh. A.), adopted 5/23/09)