Nothing herein contained shall require any change in the plans,
construction or designated use of a building actually under construction
at the time of the passage of this ordinance and which entire building
shall be completed within one (1) year from the date of the passage
of this ordinance.
(1)
Amendments.
Any person or corporation having a proprietary interest in any
property may petition the city council for a change or amendment to
the provisions of this ordinance, or the planning and zoning commission
may, on its own motion or on request from the city council, institute
study and proposal for changes and amendments in the public interest.
(2)
Procedure.
(A)
The city council may, from time to time, amend, supplement or change
by ordinance, the boundaries of the districts or the regulations herein
established as provided by the Statutes of the State of Texas.
(B)
Before taking action on any proposed amendment, supplement or change,
the governing body shall submit the same to the planning and zoning
commission for its recommendation and report.
(C)
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. When any such amendment or change
relates to a change in classification or boundary of a zoning district,
written notice of public hearing before the planning and zoning commission
on the proposed amendment or change shall be sent to all owners of
real property lying within two hundred (200) feet of the property
on which the change is requested unless the proposed amendment or
change shall involve the location of a “jail or prison facility,”
in which case written notice of the public hearing shall be sent to
all owners of real property lying within one thousand (1,000) feet
of the property on which the change is requested. Such notice shall
be given not less than ten (10) days before the date set for hearing
by depositing in the mail such notice properly addressed and postage
paid to each taxpayer as the ownership appears on the last approved
city tax roll. When any such amendment relates to a change of a zoning
regulation or to the text of this ordinance not affecting specific
property, notice of the public hearing of the planning and zoning
commission shall be given by publication in a newspaper of general
circulation in the City of Odessa without the necessity of notifying
property owners by mail. Such notice shall state the time and place
of such hearing and the nature of the subject to be considered, which
time shall not be earlier than ten (10) days from the date of publication.
(D)
A public hearing shall be held by the governing body before adopting
any proposed amendment, supplement or change. Notice of such hearing
shall be given by publication in a newspaper of general circulation
in the City of Odessa stating the time and place of such hearing,
which time shall not be earlier than fifteen (15) days from the date
of publication.
(E)
In the event of a written protest against such change, signed by
the owners of twenty (20) percent or more either of the area of the
lots or land included in such proposed change, or of the lots or land
immediately adjoining the same and extending two hundred (200) feet
therefrom, such amendment shall not become effective except by the
favorable vote of three-fourths of all the members of the city council.
(Ordinance 2019-13 adopted 4/9/19)
