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 Official Zoning District Map.

2. Zoning Text Amendment.
A Zoning Text Amendment is the change of the text within this Zoning Ordinance and does not include change or modification to the boundaries of any zoning districts.

B. Approval Authority and Report Requirement for Zoning Amendments.
 

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, as may be amended.

2. Zoning Amendments Require a Planning and Zoning Commission Report.
Before taking action on any proposed amendment, the City Council shall submit the amendment to the Planning and Zoning Commission for its report, with the exception of procedural and administrative amendments that do not affect development standards within ARTICLE III: ZONING DISTRICTS, ARTICLE IV: LAND USE REGULATIONS, ARTICLE V: ZONING DIMENSIONAL REGULATIONS, or ARTICLE VI: ZONING DEVELOPMENT REGULATIONS.

3. Zoning Amendments that do not Require a Planning and Zoning Commission Report.
No Planning and Zoning Commission report is required for procedural or administrative amendments to this Zoning Ordinance. However, the City Council may submit these amendments to the Planning and Zoning Commission for a report if the City Council desires.

C. Planning and Zoning Commission Report and Public Hearings.
 

1. Pursuant to Local Government Code § 211.007(b), the Planning and Zoning Commission shall make a preliminary report and hold public hearings on that report before submitting a final report to the City Council. The City Council may not hold a public hearing until it receives the final report of the Planning and Zoning Commission unless the City Council by ordinance provides that a public hearing is to be held, after the notice required by Section 211.006(a), jointly with a public hearing required to be held by the Planning and Zoning Commission. In either case, the City Council may not take action on the matter until it receives the final report of the Planning and Zoning Commission.

2. In cases where it is required to provide a report (see § 11-1-9.02B.2 and § 11-1-9.02B.3 for report details), the Planning and Zoning Commission shall hold a public hearing on an Application for a zoning amendment or change (i.e., a Zoning Map Amendment (Rezoning) or Zoning Text Amendment) prior to making its report to the City Council.

3. 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 200 feet of the property on which the change is requested.

b. Notice shall be given before the tenth day 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.

D. City Council Public Hearing Required.
 

1. A public hearing shall be held by the City Council before adopting any proposed amendment.

2. Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in the official newspaper or a newspaper of general circulation in the City.

3. The City Council shall not hold its public hearings or take action on any Zoning Map Amendment (Rezoning) or Zoning Text Amendment until it has received the report from the Planning and Zoning Commission.

E. Three-Fourths City Council Vote Required for Protested Amendments.

If any of the following conditions exist, then amendments shall not become effective except by a three-fourths vote of the governing body.
 

1. A protest against such proposed amendment has been filed at least three calendar days before the date of the public hearings with the City Secretary by one of the following types of protesters:
 

a. Interior Protesters:

i. The property owners, duly signed and acknowledged, of 20 percent or more of the lots or land area included within a proposed amendment boundary.
 

b. Exterior Protesters:

i. The property owners, duly signed and acknowledged, of 20 percent or more of the lots or land area within a 200-foot radius of the exterior boundary of the area included in a proposed amendment.

 

F. Consistency between Zoning Map Amendments and the Comprehensive Plan.
Consistency between a zoning map amendment and the comprehensive plan shall be required, or the comprehensive plan shall be amended until consistency is achieved.

G. Limitation on Reapplication.
 

1. Except as otherwise provided in this subsection, the Planning and Zoning Commission shall not consider an Application requesting a Zoning Map Amendment (Rezoning) for any property if any part of such property was the subject of a previous Application for a Zoning Map Amendment (Rezoning) that was denied by the Planning and Zoning Commission or the City Council unless one year has elapsed from the date of the final action of the Planning and Zoning Commission or the City Council on the previous Application, whichever is later.

2. The Planning and Zoning Commission may consider an Application requesting a Zoning Map Amendment (Rezoning) for property that was the subject of a previous Application for a Zoning Map Amendment (Rezoning) that was denied less than one year prior by the Planning and Zoning Commission or the City Council if:

a. One hundred eighty days have elapsed from the date of the final action of the Planning and Zoning Commission or the City Council on the previous Application, whichever is later; and

b. The Planning and Zoning Commission, by a vote of not less than 75 percent of the entire membership of the Planning and Zoning Commission, determines that the Application may be worthy of consideration before the expiration of the one-year period based on a finding that:
 

i. The Application requesting a Zoning Map Amendment (Rezoning) is more restrictive and offers more assurance of compatibility with the area zoning pattern than the Application that was previously denied and, in the case of a request for a PD, Planned Development District, the Application is not a request for the same or a substantially similar PD, Planned Development District requested in the previous Application on all or a part of the same property; or

 

ii. Since the date of the final action on the previous Application, the character of the property or the surrounding area has so changed that the public health, safety, morals, or general welfare warrants or justifies earlier consideration of the Application.