Palmview City Zoning Code
AMENDMENTS, SUPPLEMENTS
AND CHANGES
§ 156.150 GENERAL.
The City Council may from time to time amend, supplement or change by ordinance the boundaries of the districts of the regulations herein established.
(Ord. 2016-07, passed 8-9-2016)
§ 156.151 PROCEDURE.
Before taking action on any proposed rezoning, amendment, supplement or zoning change:
(A) The City Council shall submit the proposed revision to the Planning and Zoning Commission for its full assessment, recommendations and reports;
(B) The Planning and Zoning Commission shall make a preliminary report, usually through its planning staff, and then hold public hearings thereon before submitting its final report(s) to the City Council;
(C) Written notices of all public hearings on proposed changes in classifications shall be sent to the address of record of all owners of property, or to the person rendering the property for city taxes, affected by such proposed changes in classification and to the address of record of all owners of property, or to the person rendering the property for city taxes, located within 200 feet of a property affected thereby within no less than ten days before any such hearing is held. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date of making renditions which are included on the last approved city tax roll or to property lying in another city or in Palmview’s ETJ, notice to such others shall be given by publication in the manner provided in § 156.152 of this chapter; and
(D) Pursuant to Tex. Local Government Code § 211.007(c-1), before the tenth day before the hearing date, written notice of each public hearing before the Planning and Zoning Commission on a proposed change in zoning classification affecting residential or multi-family zoning shall be sent to each school district in which the property for which the change in classification is proposed is located. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail.
(Ord. 2016-07, passed 8-9-2016)
§ 156.152 PUBLIC HEARINGS.
After receipt of the final report from the Planning and Zoning Commission, a public hearing shall be held by the City Council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication one time in a newspaper of general circulation in the city stating the time and place of such hearing; which publication shall not be less than 15 calendar days prior to the public hearing date to consider said rezoning application.
(Ord. 2016-07, passed 8-9-2016)
§ 156.153 RULINGS.
In all cases where the City Council deems it feasible and practicable to do so, public hearings provided for herein to be held before the Planning and Zoning Commission and the City Council, respectively, may be held jointly; and said City Council shall not take final action until it has received the final report of the Planning and Zoning Commission.
(Ord. 2016-07, passed 8-9-2016)
§ 156.154 PROTESTS AND RECOMMENDATIONS FOR DENIAL.
(A) In case of a written protest against any change in zoning, signed by the owners of 20% or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective, except by the favorable vote of at least three-fourths of all the members of the City Council.
(B) A vote of at least three-fourths of all the members of the City Council is also required to overrule a recommendation of the Planning and Zoning Commission that the proposed amendment, supplement or change be denied. (Note: a mandatory three-fourths vote by the City Council is required to overrule a “denial” by the Planning and Zoning Commission; if the three-fourths vote is not evident, the “denial” shall stand.)
(C) At the option of the applicant, his or her request for a change in zoning shall be heard by the full City Council.
(Ord. 2016-07, passed 8-9-2016)
§ 156.155 APPEALS FOR CONDITIONAL USE PERMITS.
Any person or persons who are owners of real property immediately adjoining the applicants property and extending 200 feet therefrom and/or residing or owning property from any subdivision notified under the required public hearing notices, jointly or severally, aggrieved by any decision of the Planning and Zoning Commission, may present to the City Council a petition, duly verified, setting forth that such decision is unjust, in whole or in part, specifying the grounds of injustice. Such petition shall be presented to the Planning Department within ten business days after the final decision of the Planning and Zoning Commission where after the Planning Director shall present the petition to the City Council at the next most available City Council meeting for notification and calling of a public hearing to hear and act on the appeal.
(Ord. 2016-07, passed 8-9-2016)
§ 156.156 ADMINISTRATIVE COST.
The Planning and Zoning Commission, with the concurrence and approval of the City Council, shall determine and set forth a fee schedule for the purpose of recovering the administrative cost of processing zoning requests (rezonings, CUPs and the like) and the public hearings called for by this subchapter. Such fee shall be paid by the applicant and shall not be designed for restricting an applicant’s ability to seek a hearing and/or to generate revenue for other than recovery of administrative and publication costs incurred by the city. There shall be no reimbursement, in whole or in part, of any zoning related processing fee.
(Ord. 2016-07, passed 8-9-2016)
§ 156.157 APPLICATIONS FOR ZONING CHANGE.
Applications for a proposed zoning change shall be made by the owner or his or her authorized agent on forms provided by the city. No rezoning applications shall be considered on any parcel more than once in any six-month period of time, unless otherwise approved by the Planning and Zoning Commission due to change of conditions or evidence not originally presented at the initial public hearing. The cost to request waiver to the six-month waiting period shall be set forth by the City Council. Furthermore, the city shall have the inherent right to initiate rezoning to any property when deemed in the best interest of the city.
(Ord. 2016-07, passed 8-9-2016)
§ 156.999 PENALTY.
(A) (1) Any person who shall violate, participate or acquiesce in the violation of any of the provisions of this chapter, or who shall fail to comply with any of the requirements hereof, or who shall erect or alter any building in violation of any detailed plan, shall for each and every violation or non- compliance be deemed guilty of a misdemeanor and shall, upon conviction, be fined not less than $1, nor more than $1,000. Each day in violation hereof shall constitute a separate offense.
(2) The penalty provided in division (A)(1) above should not be construed as exclusive and the city hereby provides that any other remedy available to it in the enforcement of this chapter, in law or in equity, including, but not limited to, an injunction in a district court or other court of competent jurisdiction, is not intended to be, and is not, foreclosed by the provision of such penalty.
(B) (1) Penalty. Any person who violates a provision of § 156.089 of this chapter, in whole or in part, shall be guilty of a separate offense for each day or portion of a day during which the violation is committed, continued or permitted, and each offense shall be punishable by a fine set forth by statutes and/or the Municipal Court Judge.
(2) Judicial remedies. In the event of a violation of § 156.089 of this chapter or any of its provisions by any person, corporation, association or any other type of business entity, its agents, servants or employees, the city may, in addition to other remedies, institute any appropriate action or proceedings to prevent such violation, including the right to restrain, enjoin, correct or abate such violation, in any court of competent jurisdiction in accordance with the laws of the state.
(C) Any person violating any provision of §§ 156.100 through 156.109 of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined thereafter inclusive of accompanying court costs. Each day that said violation continues shall be considered as a separate offence to be fined accordingly as such. Prosecution or conviction under this provision shall never impede any other remedy or relief for violation of these regulations.
(Ord. 2016-07, passed 8-9-2016; Ord. 2016-07B, passed 8-9-2016)