A. Process Requirements.
1. Zoning Amendments Require City Council Approval. The City Council may, from time to time, amend, supplement or change by ordinance, the boundaries of the districts (i.e., Zoning Map Amendment (Rezoning)) or the regulations herein established (i.e., Zoning Text Amendment) as provided by the Statutes of the State of Texas.
2. Planning and Zoning Commission Recommendation Required for all Amendments. Before taking action on any proposed amendment the City Council shall submit the same to the Planning and Zoning Commission for its recommendation and report.
3. Petitions Submitted to the City Council.
a. Any person or corporation having a proprietary interest in any property may petition the City Council for a change or amendment to the zoning provisions of this UDC; or
b. The Planning and Zoning Commission may, on its own motion or on request from the City Council, study and propose zoning changes and amendments for the City Council’s consideration.
B. Two Types of Zoning Amendments.
1. Zoning Map Amendment (Rezoning). A Zoning Map Amendment (Rezoning) is a change or modification to the boundaries of any zoning district within the City’s Zoning Map.
2. Zoning Text Amendment. A Zoning Text Amendment is the change of the text within Section 2. Zoning Regulations and does not include change or modification to the boundaries of any zoning districts.
C. Rezoning within the Historic Overlay (O-H) District.
D. Planning and Zoning Commission Recommendation Requires Public Hearing.
1. The Planning and Zoning Commission shall hold a public hearing on any Application for any amendment or change prior to making its recommendation and report to the City Council.
2. In the case of a Zoning Map Amendment (Rezoning):
a. Written notice of all public hearings before the Planning and Zoning Commission on a proposed amendment or change shall be sent to all owners of real property within two hundred (200) feet of the property on which the change is requested.
i. Such notice shall be given not less than fifteen (15) calendar days before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved City tax roll or County tax roll for the area affected.
b. Consistency between a Zoning Map Amendment (Rezoning) and the Comprehensive Plan shall be required.
c. For selected zoning districts, each rezoning Application shall be accompanied by a Site Plan (see
§ UDC-2.10.07B.1, Site Plan in association with a Specific Use Permit).
E. Sign Posting for a Zoning Map Amendment (Rezoning) Related to a Particular Property.
1. At least fifteen (15) calendar days prior to the public hearing by the Planning and Zoning Commission on a proposed amendment to the zoning map, the Applicant shall cause a sign, clearly visible to passersby, to be placed and maintained on such property.
2. The sign shall state that the property is the subject of a rezoning Application.
3. The Director of Planning shall furnish and post the sign on the property proposed to be rezoned.
4. The sign shall remain continuously posted on the property until the City Council has conducted its public hearing on the matter.
F. Effect of Posted Sign Maintenance. The continued maintenance of the sign due to theft, weather, or other cause shall not be a condition precedent to the holding of a public hearing, the adoption of any proposed zoning change, or any other official action concerning such zoning map amendment.
G. City Council Decision and Public Hearing Required.
1. A public hearing shall be held by the City Council before adopting any proposed amendment.
2. Notice of the time and place of the hearing must be published in a newspaper of general circulation in the City before the fifteenth (15th) calendar day before the date of the hearing.
H. Three-Fourths City Council Vote Required for Protested Amendments.
1. If a protest against a proposed amendment consistent with 2 below has been filed with the City Secretary at least twenty-four (24) hours including a regular City business day before the date of the public hearings, then amendments shall not become effective except by a three-fourths (3/4) vote of the governing body.
2. Two Types of Eligible Protesters:
a. Interior Protesters. The property owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area included within a proposed amendment boundary.
b. Exterior Protesters. The property owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area within a two hundred (200) foot radius of the exterior boundary of the area included in a proposed amendment.
3. Calculation Example. Assume that the 200’ buffer surrounding the area subject to rezoning includes 10 acres. If an individual owns 2 acres within the buffer, his/her protest would constitute twenty (20) percent.
See
Figure 49 for an illustrative example of the calculation for exterior protestors.
I. Three-Fourths City Council Vote Required for Planning and Zoning Commission Denial. If the Planning and Zoning Commission has recommended denial of an Application for amendment, a three-fourths (3/4) vote of City Council is required to approve the Application.
