§ 11-1-16. Changes, amendments and fees.

(A)

The governing body may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established.

(B)

Before action is taken on any proposed amendment, supplement or change, the same shall be submitted to the City planning and zoning commission for its recommendation and report.

(C)

Pursuant to V.T.C.A., Local Government Code § 211.007, the City planning and zoning commission shall hold a public hearing on any application or proposal for any change of zoning district classification prior to making its recommendation and report to the City Council. Written notice of all public hearings before the City planning and zoning commission on a proposed change in classification shall be sent to all owners of real property lying within 200 feet of the property on which the change is requested. Such notice shall be given not less than ten 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.

(D)

Pursuant to V.T.C.A., Local Government Code § 211.006, a public hearing shall be held by the governing body before adopting any proposed amendment, supplement or change in the regulations or any zoning classification. Notice of such hearing shall be given by publication in the official publication of the City, stating the time and place of such hearing, which time shall not be less than 15 days after the date of publication, exclusive of the date of publication and hearing. The City Council shall not hold its public hearings or take action on any suggested change in regulations or suggested change in zoning classifications until it has received the report and recommendation of the planning and zoning commission.

(E)

Procedure—Applications for changes and amendments, and associated fees.

1.

Any person, firm or corporation desiring a change in regulations, restrictions or boundaries of the zoning map of any property from one zoning district classification to another zoning district classification under this Chapter shall make application for such change to the planning and zoning commission in writing and by filing such written application with the department of planning and community development, requesting a change in zoning district classification, which such application shall contain the following information:

(a)

Legal description of the land on which such zoning district classification is requested together with the local street address of same.

(b)

Name and address of each owner or owners of the property which is the subject to such application.

(c)

Name and address of the person making the application, if made by anyone other than the owner, together with a statement on a form prescribed and furnished by the City, that the person making the application is authorized to act for the owner or owners in making such application.

(d)

Zoning district classification under which the property is regulated at the time of such application and zoning district classification requested in the application.

(e)

Any other information concerning the property as may be requested by the planning and zoning commission.

2.

Upon the proper filing of an application for a zoning district change, as prescribed herein, the applicant shall pay to the City filing fees as follows to help defray necessary costs of processing the application as required, including publication and mailing of required notices:

(a)

A change to one of the standard zone districts: $400.00, plus $100.00 for each different zoning district requested in excess of one.

(b)

Specific use permit request: $300.00 per request.

(c)

Planned district or planned district amendment: $550.00 plus $75.00 for each tract for which separate planned district regulations are requested in excess of one.

(d)

Combined request: The total fee shall be the sum of the fees required for each of the separate categories specified in subparagraphs (a), (b), and (c) above, including the fees specified for more than one district, planned district tract or specific use permit.

(e)

Separate planned district site plan review: $300.00.

(f)

Provided, however, that in the event the application is withdrawn by the applicant and no public hearing before the planning and zoning commission is held thereon, then, and in that event, an amount equal to 80 percent out of said filing fee shall be refunded to the applicant.

(g)

In the event the planning and zoning commission does not recommend the zoning district classification change and the applicant does not request that such application be forwarded to the City Council for a public hearing and determination as provided in subsection 3 of this Section, then an amount equal to 30 percent of said filing fee shall be refunded to the applicant.

(h)

In the event the application for zoning district classification change is forwarded to the City Council for public hearing and determination is provided in either of subsection 3 or 4 of this Section, no refund shall be made to the applicant.

(i)

Within one year from the date of annexation of an area classified as an AE Agriculture-Estate District there shall be no filing fee for a request for specific use permit approval.

Items (a) through (e) may be expedited for an additional $800.00 fee (in addition to the corresponding base fee).

3.

In the event that the planning and zoning commission recommends that a zoning district classification change not be granted, the case will not be processed further and shall not be forwarded to the City Council for public hearing, unless the applicant shall, within 15 days after the date the planning and zoning commission votes to recommend that the zoning district classification not be granted, file with the planning and zoning commission a request in writing requesting that such application be forwarded to the City Council for public hearing and determination of the zoning district classification change request.

4.

All applicants for zoning district classification changes where the planning and zoning commission has finally recommended such zoning district classification shall be automatically processed and forwarded to the City Council for a public hearing and determination of the zoning district classification change request.

5.

No application requesting a zoning district classification change on any property, any part of which has been the subject of a previous request for rezoning that was denied by the planning and zoning commission and/or the City Council, shall be considered by the planning and zoning commission before the expiration of 180 days from the date of final action of the commission or the Council, whichever is later.

6.

No application requesting a zoning district classification change on any property, any part of which has been the subject of a previous request for rezoning that was denied by the planning and zoning commission and/or City Council, shall be considered by the planning and zoning commission before the expiration of one year from the date of final action of the commission or the Council on the previous application, whichever is later, unless a vote of not less than 75 percent of the entire membership of the commission determines that the proposed application may be worthy of consideration before the end of said one-year period based on a finding that:

(a)

The zone change request set forth in the application is more restrictive and offers more assurance of compatibility with the area zoning pattern than the request which was denied, and, in the case of a request for a planned district, the application is not a request for the same or a substantially similar planned district requested in the prior application on all or a part of the same property; or

(b)

Since the final action on the previous application, the character of the district or surrounding area involved has so changed that the public health, safety, morals, or general welfare warrants or justifies an earlier hearing on said requested or another zone or use classification change.

In no case shall such application be considered by the commission earlier than 180 days from the date of final action of the commission or the Council, whichever is later, as required by paragraph 5 of this Section 11-1-16(E).

(Ord. No. 5456, 4-24-1979; Ord. No. 6455, 9-25-1984, eff. 10-1-1984; Ord. No. 7371, 9-27-1994; Ord. No. 8375, § 1, 1-24-2006)