Quinlan City Zoning Code
§ 35
CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE PROCEDURES.
35.1
Declaration of Policy:
The City declares the enactment of these regulations governing the use and development of land, buildings, and structures to be a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning district except:
35.2
Authority to Amend Ordinances:
The City Council may from time to time, after public hearings required by law, amend, supplement, or change the regulations therein provided or the classification or boundaries of the zoning districts. Any amendment, supplement, or change to the text of the Zoning Ordinance and any change in the classification or boundaries of the zoning districts may be ordered for consideration by the City Council, may be initiated by the City Council, or may be requested by the owner of affected real property or the authorized representative of an owner of affected real property.
35.3
Public Hearing and Notice:
Prior to making a decision, the City Council shall hold at least one public hearing on each application. Written notices of all public hearings on proposed changes in district classification or boundaries shall be sent to all owners of property, or to the person rendering the same of city taxes, located within the area of application and within two hundred (200) feet of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notice may be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States Mail. Notice of hearings on proposed changes in the text of the Zoning Ordinance and on proposed changes in district classifications or boundaries shall be published at least once no less than fifteen (15) days prior thereto in the official newspaper of the City.
35.4
Council Consideration and Report:
The City Council, after the public hearing is closed, shall prepare a report on the proposed change stating its findings, its evaluation of the request and of the relationship of the request to the Comprehensive Plan. The City Council may defer its report for not more than ninety (90) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. In making its determination, the City Council shall consider the following factors:
A.
Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole.
B.
Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area and shall note the findings.
C.
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unsuitable for development.
D.
The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.
E.
The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified.
F.
Any other factors which will substantially affect the public health, safety, morals or general welfare.
35.5
Council Action on Proposed Changes:
A.
Thirty-Day Notice Requirement:
No change in zoning classification shall be granted until after the 30th day following the notice to property owners required in Section 33.3 [35.3].
B.
Effective Date of Ordinance:
No ordinance shall become effective until after the adoption of the ordinance and its publication as required by law.
C.
Proposal Recommended for Denial:
When the City Council determines that a proposal should be denied, it shall so report and notify the applicant. A request which has been denied by the City Council may be resubmitted at any time for reconsideration by the City (a new filing fee must accompany the request). The City Council may specifically deny any request with prejudice. If a request has been specifically denied with prejudice, the request may not be resubmitted to the City for one (1) year from the original date of denial.
D.
Three-Fourths Vote:
A favorable vote of three-fourths (3/4) of all members of the City Council shall be required to approve any change in zoning when written objections are received which comply with the provisions of Article 1011e, Revised Civil Statutes of Texas. If a protest against such proposed amendments, supplement or change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty (20) percent or more of (a) the area of the lots or land included in such a proposed change or (b) the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom (measured without regard to city streets or other public right-of-way), such amendments shall not become effective except by a three-fourths (3/4) vote of the City Council.
35.6
Final Approval and Ordinance Adoption:
If the amending ordinance is not approved within six (6) months from the time of its original consideration, the zoning request, at the option of the City Council, may be recalled for a new public hearing.
35.7
Changes in Zoning Regulations:
Amendments to the zoning ordinance not involving a particular property but involving a change in the zoning regulations generally shall not require notice to individual property owners. In such cases, notice of the required public hearing shall be given by publication in the official newspaper of the City, stating the time and location of the public hearing, which time shall not be earlier than fifteen (15) days from the date of such publication.
(Ordinance 299-000, sec. 33, adopted 9/18/91; Ordinance 269-002 adopted 2/12/07; Ordinance 07-753-00, sec. 34, adopted 6/11/07; Ordinance 2014-07-01, sec. 2, adopted 7/14/14)