The regulations, restrictions, and boundaries set forth in this chapter may from time to time be amended, supplemented, changed, modified, or repealed by the city council. The procedures, notices, and hearing established by Chapter 211 of the Texas Local Government Code as hereafter amended, shall be followed.

(Ord. No. 2023-002(O), § I, 3-6-2023)

Any individual(s) requesting a zoning change shall file an application in writing with the city secretary. Such application shall specify in detail:

(a)

The regulation, restriction, and/or boundary set forth in this chapter that the applicant desires to be changed, and

(b)

The reason for such a change, and how such a change will better promote the health, safety, morals, and/or general welfare of the community.

The Commission may, from time to time, consider and adopt reasonable procedural regulations for submission of a zoning change request, which are not inconsistent with state law, city charter, or this Code.

(Ord. No. 2023-002(O), § I, 3-6-2023)

No application for a zoning change shall be processed by the city secretary unless the applicant has first paid to the city secretary the requisite fee provided by the city's master fee schedule; provided, however, one-half (1/2) of such fee shall be refunded the applicant if the application is denied or withdrawn prior to the city council's final action.

(Ord. No. 2023-002(O), § I, 3-6-2023)

(a)

Publication. Notice of all city council public hearings regarding a zoning classification, zoning district boundary, or zoning regulation, shall be published in the city's designated official newspaper at least 16 days prior to the date of the city council public hearing.

(b)

Mail. Notice of public hearings must be provided by mail in accordance with the following:

(1)

Classification. For any change to a property's zoning classification, notice of the planning and zoning commission public hearing must be sent to all owners of real property within 200 feet of the subject property at least 11 days before the public hearing.

(2)

Residential. For any change in a zoning classification pertaining to property that is, or will be, subject to residential or multifamily zoning, notice of the planning and zoning commission public hearing must be sent to each school district in which the property is located at least 11 days before the public hearing.

(3)

Nonconforming use; Notice of P&Z and city council. For any proposed adoption of or change to a zoning regulation or boundary that would render a current conforming use of property nonconforming if adopted or changed, and the city has actual knowledge of such nonconformity, notice of the planning and zoning commission public hearing and the city council public hearing must be sent to each owner of real or business personal property where the proposed nonconforming use is located and to each occupant of such property at least ten days before the planning and zoning commission public hearing date. In addition to any other requirement, notice under this paragraph must be include the following:

a.

Date, time, and location of the planning and zoning commission hearing and city council hearing.

b.

The following text in bold, 14-point type or larger:

"THE CITY OF WINDCREST IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."

Any owner or occupant of real property in the city that desires to receive the notice required under this subsection for future proposed adoptions of or changes to zoning regulations or boundaries may register their use of the property with the city using a form provided by the city. Any applicant for a proposed adoption of or change to a zoning regulation or boundary must include in the application a list of existing uses and owners and occupants in the area to affected by such proposed adoption of or change to a regulation or boundary and identify any such uses that will be rendered nonconforming by the proposed adoption of or change to a zoning regulation or boundary.

(4)

Ownership of property, whether real property or business personal property, and the address of the owner of such property is determined by the most recently approved municipal tax roll. Notice sent to the address of the property as indicated by the appraisal district at the time such notice is sent constitutes notice to the occupant of such property.

(5)

Notice by mail is sent on the date deposited with the United States mail, properly addressed, and postage prepaid.

(c)

Special use permits. A special use permit is considered a change to a property's zoning classification and the notice provisions pertaining to zoning classifications apply to hearings regarding a special use permit.

(d)

Chapter 211 controls. To the extent of any conflict between Chapter 211, Texas Local Government Code and this section, Chapter 211, Texas Local Government Code controls.

(Ord. No. 2024-005(O), 7-15-2024)