(a) 
Amendments to this chapter shall be made by the city council in accordance with the provisions of this section.
(b) 
The city council shall not enact any amendment to this chapter without first having received a report and recommendation from the zoning and planning commission and having held a public hearing on the proposed amendment.
(c) 
Amendments to this chapter shall be of two types:
(1) 
Those that change the zoning classification of a particular parcel of land; and
(2) 
All others, which include amendments that supplement, change or repeal general provisions of this chapter.
(d) 
All amendments shall conform to the goals and standards and the land use map of the comprehensive plan of the city. Zoning classification changes that do not conform to the land use map in the comprehensive plan of the city are permitted only under the circumstances and conditions specified in this division.
(Ordinance 362 adopted 3/28/18)
(a) 
Persons who may initiate request.
A request to change the zoning classification of a particular parcel of land may be initiated by the owner of such parcel or the zoning and planning commission. The city council, however, may initiate a proposed change on its own motion without such request.
(b) 
Manner of initiating request.
(1) 
Application by property owner.
A property owner may file an application with the city administrator requesting the city council to consider changing the zoning classification of such person’s property. Such application shall be accompanied by a fee set by the city council and shall contain the following information:
(A) 
Legal description and address of the parcel affected.
(B) 
Present zoning classification of the parcel and of all contiguous parcels around it.
(C) 
Present use of the parcel and of all contiguous parcels around it.
(D) 
Type and location of any structures on the applicant’s parcel and on adjoining land.
(E) 
Appropriate evidence of any significant changes that have occurred in the area affected which support the requested rezoning in accordance with the comprehensive plan.
(F) 
The zoning change requested and the proposed use;
(G) 
A traffic impact analysis, where development is proposed which would generate 200 or more trips per day with access to a collector street with less than 40 feet of pavement width and 400 or more trips per day with access to an arterial street with 40 feet or more of pavement width. Submittal shall occur simultaneously with the applications for zoning, special use permits or building permits; and
(H) 
Any other relevant information requested by the city administrator.
(2) 
Resolution from zoning and planning commission.
The zoning and planning commission, by resolution directed to the city council, may request a change in the zoning classification of particular parcels of land in order that such parcels will conform to the classification specified on the land use map of the comprehensive plan of the city.
(3) 
Initiation on city council’s own motion.
The city council, by motion, may initiate a proposal to change the zoning district classification of a particular parcel of land.
(c) 
City administrator report.
The city administrator shall review each application for a zoning change and prepare a brief report on whether the requested change conforms to the classification specified in the land use map of the comprehensive plan of the city for such parcel. If the requested change does not conform to the comprehensive plan, the city administrator’s report may indicate whether any significant and unanticipated changes have occurred in the area of the affected parcel since the classification on the land use map was adopted which make it unlikely that such parcel can be developed or used for any use permitted under the zoning classification indicated for such parcel in the comprehensive plan. The report shall also indicate whether the requested zoning classification is the most appropriate classification for the area affected. The report shall also make a determination as to whether the zoning classification is designed to promote those values set forth in section 38.05.094(d) of the Code.
(Ordinance 362 adopted 3/28/18)
(a) 
Initiation by zoning and planning commission.
(1) 
The zoning and planning commission, by resolution directed to the city council, may request that certain general provisions of this chapter be amended. The resolution shall contain the reasons for such request and indicate whether the proposed amendment conforms to the comprehensive plan of the city.
(2) 
The city council may approve the request, deny the request, or return it to the zoning and planning commission for additional consideration.
(b) 
Initiation on city council’s own motion.
The city council, by motion, may initiate a proposal to amend the general provisions of this chapter.
(Ordinance 362 adopted 3/28/18)
(a) 
Required.
No amendment to this chapter shall be enacted without a report and recommendation from the zoning and planning commission.
(b) 
Changing a zoning regulation or boundary.
Changes to the zoning ordinance, including zoning regulations, restrictions, and boundaries, may from time to time be adopted at the request of a property owner (or the owner’s designated agent, tenant, or a prospective buyer), or initiated by the zoning and planning commission, city council, or city staff.
(c) 
Public hearing required.
The zoning and planning commission shall hold a public hearing on its preliminary report prepared by the city administrator/staff for all zoning changes or general amendments to this chapter proposed.
(d) 
Notice of public hearing.
(1) 
Publication.
Notice of a public hearing before the commission to consider a proposed zoning classification change or a proposed general amendment to this chapter shall be published in the official newspaper of the city and on the city's official website before the 15th day before the hearing. The notice shall state the time and place of the hearing and contain a description of the matter to be considered, in accordance with Texas Local Government Code Chapter 211.
(2) 
Written notice to property owners.
When the public hearing is to consider a proposed zoning district classification change, written notice of such hearing shall be sent to the property owner(s) of the tract which is the subject of the zoning district classification change and to the owners of all real property located within 300 feet of the property on which the change in classification is proposed at least sixteen (16) days before the hearing, in accordance with Texas Local Government Code Chapter 211.
(3) 
A sign shall be posted per Section 38.05.002.
(e) 
Action by zoning and planning commission.
(1) 
Recommendation.
After all public input has been received and the public hearing is closed, the zoning and planning commission shall make its final report to the city council on the proposed zoning request and state its findings, its overall evaluation of the request, and its assessment regarding how the request relates to the comprehensive plan. The zoning and planning commission may recommend:
(A) 
Approval of the request as submitted by the applicant;
(B) 
Approval of the request subject to specified conditions; or
(C) 
Disapproval of the request.
(2) 
Commission recommendation of zoning change or amendment.
The commission may recommend enactment of such zoning change or amendment if it finds that the change or amendment is in the public interest, conforms to the provisions of this chapter and the comprehensive plan, and is designed to:
(A) 
Lessen congestion in the streets;
(B) 
Secure safety from fire, panic, and other dangers;
(C) 
Promote health and the general welfare;
(D) 
Provide adequate light and air;
(E) 
Prevent the overcrowding of land;
(F) 
Avoid undue concentration of population; or
(G) 
Facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements.
(3) 
Hearing deferral.
The zoning and planning commission may, on its own motion or at the applicant’s request, defer its decision to make a recommendation until it has had an opportunity to consider other information or proposed modifications to the request which may have a direct bearing thereon to the next regular meeting. The zoning and planning commission may elect to defer its decision on the request to its next regular meeting, and the request will reappear on the next zoning and planning commission’s agenda. After review at these meetings, the commission shall forward the amendment to the city council with or without a recommendation.
(Ordinance 379 adopted 9/25/19; Ordinance 2025-005 adopted 6/25/2025)
(a) 
Public hearing required.
The city council shall hold a public hearing on all proposed zoning classification changes and general amendments to this chapter before acting thereon. This hearing shall not be held until a final report is received from the zoning and planning commission.
(b) 
Notice of public hearing.
(1) 
Notice of a public hearing before the city council to consider an amendment to this chapter shall be given in the same manner as required for notice of a public hearing before the zoning and planning commission to consider a similar amendment.
(2) 
Notice of the hearing before the city council may be combined with the notice given for the hearing on the same matter before the zoning and planning commission.
(c) 
Council action.
(1) 
Generally.
The city council may enact a proposed general amendment or zoning change if it finds that such amendment or change is in the public interest, conforms to the provisions of this chapter and the comprehensive plan of the city, and meets the criteria set forth in section 38.05.094(e)(2).
(2) 
Denial by zoning and planning commission.
(A) 
An application recommended for denial by the zoning and planning commission shall not be forwarded to city council unless the applicant files a written appeal with the city secretary within ten (10) business days after the zoning and planning commission’s decision. Said appeal will, in that instance, be forwarded to the city council along with the zoning and planning commission’s final report.
(B) 
The appeal shall be scheduled for the next possible city council agenda, following appropriate public notification as prescribed in section 38.05.095(b).
(C) 
Approval of a request for a zoning amendment will require a simple majority vote of the city council present and voting, unless the zoning and planning commission unanimously recommends denial. In that case, the approval by the city council shall require an affirmative vote of three-fourths of all members of the city council.
(D) 
No zoning change shall become effective until after the adoption of an ordinance for same.
(E) 
An applicant will be timely informed in writing of the applicant’s right to appeal to the city council upon denial by the zoning and planning commission.
(F) 
An applicant will be timely informed in writing of the applicant’s right, when appearing before the city council, to discuss or contest any conditions for approval recommended by the commission.
(3) 
Approved by zoning and planning commission.
Every application which is recommended for approval or approval with conditions by the zoning and planning commission shall be automatically forwarded, along with the written recommendation of the zoning and planning commission, to the city council for setting and holding of a public hearing thereon following appropriate public hearing notification, as prescribed in section 38.05.095(b). The city council may then approve the request, approve it with conditions, or disapprove it by a simple majority vote of the city council members present and voting.
(4) 
Protests.
If a written protest is submitted against a proposed change of zoning classification signed by all the owners of 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 lots or land included in such proposed change or extending 200 feet therefrom, such proposed change of zoning classification shall not become effective except by the favorable vote of three-fourths of all the members of the city council
(5) 
Representations by applicant.
All representations, whether oral or written, made by the applicant or the applicant’s agent on behalf of the zoning change become a condition upon which the zoning change is granted. It shall be unlawful for the applicant to vary from any such representations unless the applicant first obtains the approval of the city council.
(6) 
Parcel of land.
As used in this section, “parcel of land” shall mean that area designated by the applicant, even though such parcel of land may contain more than one lot subdivided in compliance with the subdivision ordinance of the city (chapter 36).
(7) 
Postponement.
The city council may postpone any action proposed under the provisions of this chapter.
(d) 
Factual findings.
Within 45 days of approving or denying a zoning change, the city council shall, in writing, explain its factual findings for the decision to approve or deny the request for rezoning. The written factual findings shall be filed in the office of the city secretary. The city council shall send a letter containing the factual findings to the applicant.
(Ordinance 362 adopted 3/28/18)
No application shall be accepted for filing or be processed, and no building, site clearance or grading permit shall be issued for any work, other than in connection with a single-family residential use, for a period not to exceed 90 days, on land which is being considered for a change in zoning classification, with such 90-day period to begin on the date the city council submits the proposed zoning change to the zoning and planning commission for a report and recommendation.
(Ordinance 362 adopted 3/28/18)
Undeveloped parcels (zoned property/lots without building permits) for which zoning was approved before July 24, 1996, shall retain such zoning until another zoning classification is requested and approved in accordance with the procedures in this chapter, as amended. All zoning expiration/due dates and zoning extension expiration/due dates are rescinded. Site plans, which were approved when the zoning for such parcels was granted, shall expire on the next zoning expiration/due date or zoning extension expiration/due date of the parcel for which each of these site plans was submitted and approved.
(Ordinance 362 adopted 3/28/18)