Whitney City Zoning Code
§ 14.02.036
Changes and amendments to all zoning ordinance and districts and administrative procedures.
(a)
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 districts except:
(1)
To correct any error in the regulations or map.
(2)
To recognize changed or changing conditions or circumstances in a particular locality.
(3)
To recognize changes in technology, style of living, or manner of doing business.
(b)
Authority to amend ordinance.
The city council may from time-to-time, after public hearings required by law, amend, supplement, or change the regulations herein 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 administrator, or may be requested by the owner of affected real property or the authorized representative of an owner of affected real property.
(c)
Public hearing and notice.
The city council shall hold at least one public hearing on each application to amend a regulation or the classification. Written notice 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 for city taxes, located within the area of application and within two hundred (200) feet of any property affected thereby, not later than the tenth (10th) day 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 regulations and on proposed changes in district classification or boundaries shall be published at least once in the official newspaper of the city not later than the 15th day before the hearing.
(d)
City council decision.
In making its decision on amending a district classification or boundaries, the city council may consider the following factors:
(1)
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.
(2)
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 not the findings.
(3)
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.
(4)
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.
(5)
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.
(6)
Any other factors which will substantially affect the public health, safety, morals or general welfare or impact places and areas of historical, cultural, or architectural importance and significance.
(e)
Final approval and ordinance adoption.
No amendment to the regulation or district classification or boundaries shall take effect until the city council approves an amending ordinance. The city council may not adopt the proposed change in a district classification until after the 30th day after the date the mailed notice to each owner is given in accordance with section 211.006(b), Tex. Loc. Gov't Code.
(f)
Application.
Every request to amend or change the regulations in this article, or the boundaries of the district classification shall be filed with the city council. Each application shall include a complete form provided by the city, including a detailed description of the change, a legal description, and the appropriate filing fee as provided in the comprehensive fee schedule. No fee shall be charged for proposals filed upon the recommendation of the city council or administrator.
(Ordinance 2020-12 adopted 7/20/2020; Ordinance 2024-12-01 adopted 12/19/2024)