A. Two Types of Zoning Amendments
1. Rezoning
A Rezoning (Zoning Map Amendment) is a change or modification to the boundaries of any zoning district within the Zoning District Map.
2. Zoning Text Amendment
A Zoning Text Amendment is the change of the text within these Zoning Regulations and does not include change or modification to the boundaries of any zoning districts.
B. Approval Authority and Report/Hearing Requirement for Zoning Amendments
1. Revision Authority
The City Commission may, from time to time, amend, supplement or change by ordinance the boundaries of the districts (i.e., 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 Report
Per Texas Local Government Code Chapter 211.007, the Planning and Zoning Commission shall make a preliminary report and hold a public hearing before submitting a final report to the City Commission. The City Commission shall not hold a public hearing or take action until it receives the final report of the Planning Commission, except as noted in E below.
C. Written Notice for Planning and Zoning Commission Public Hearings
1. Written Notice to Property Owners within 200’
a) Before the 10th day before the Planning and Zoning Commission hearing date, written notice of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within two hundred (200) feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail.
b) If the property within two hundred (200) feet of the property on which the change is proposed is located in territory annexed to the municipality and is not
included on the most recently approved municipal tax roll, the notice shall be given in the manner provided by D below.
2. Written Notice to School Districts
Before the 10th day before the Planning and Zoning Commission hearing date, written notice of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification affecting residential or multifamily zoning shall be sent to each school district in which the property for which the change in classification is proposed is located. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail.
D. Published Notice for City Commission Public Hearings
Before the 15th day before the date of the City Commission hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the municipality.
E. Special Notice for Joint Public Hearings
The City Commission may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by the City Commission and the Planning and Zoning Commission. If notice requirements are prescribed under this subsection, the notice requirements prescribed by C and D above do not apply.
F. Protests
1. If a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the City Commission. The protest must be written and signed by the owners of at least twenty (20) percent of either:
a) The area of the lots or land covered by the proposed change; or
b) The area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area.
2. In computing the percentage of land area under 1 above, the area of streets and alleys shall be included.
