(a)

Requirements for change. A change of this chapter may be considered whenever the public necessity, convenience, general welfare or good zoning practice justifies such action, and after consideration by the city council, or by a petition by one or more of the owners or optionees of property within the area proposed to be changed.

(b)

Initiation of change. A proposed change of zone may be initiated by the city council, or by a petition by one or more of the owners, optionees or lessees of property within the area proposed to be changed.

(c)

Changing the ordinance from which this chapter is derived. The city council shall hold a public hearing to consider any proposed change. Written notice of all public hearings before the city council on proposed changes in classification shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed, such notice to be given not less than ten days before the date set for hearing to all such owners. Such notice may be served by depositing the same, properly addressed postage paid, at a United States post office. Before the 15th day before the date of the public hearing, notice of the time and place of the hearing must also be published in a newspaper having general circulation in the village. If the city council is in favor of the proposed change, it may, after the 30th day after the notice to the property owners is given and after the public hearing, make such change in the ordinance.

(d)

Passage of rezoning regulations where written protest is filed. In case, however, of a written protest against such change, signed by the owners of 20 percent 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 three-fourths of all the members of the city council. The provisions of the previous section relative to public hearing and official notice shall apply equally to all changes or amendments.

(e)

Restrictions. Any prior deed restrictions or other prior restrictions placed on any lot or land that is the subject of a zoning change request shall be disclosed to the city council by the landowner or optionee of land, when a change is requested by such owner or optionee. Any restriction on land or lots which was agreed by the owner or optionee of property at the time the change of zone is approved by the city council shall be entered in the council minutes as a part of the permanent record. If the land is undeveloped, the restriction shall be placed in the plat at the time of plat approval. A violation of this subsection constitutes a misdemeanor.

(Ord. No. 97-24, § 2(13), 11-11-1997)

State Law reference— Procedures governing adoption of zoning regulations and district boundaries, V.T.C.A., Local Government Code § 211.006.