§ 20.2. Amendments or changes to the zoning ordinance.

1.

General. The zoning regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified, or repealed and shall be deemed to amend, supplement, change, modify, or repeal the comprehensive plan of the city and shall become a part of such comprehensive plan.

2.

Amendment initiation. Any person 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 a study and proposal for changes and amendments in the public interest.

3.

Procedure. All requests for amendments to zoning district boundaries and specific uses shall be submitted together with required fees to the building inspector which shall cause notices to be sent as required by law and the application placed on the planning and zoning commission agenda. The city council may refer proposed amendments to the planning and zoning commission for recommendation. Before taking any action on any proposed amendment, supplement, or change, the city council shall submit the same to the planning and zoning commission for its recommendation and final report. All requests for changes in zoning districts shall include the proposed designation or designations for the area concerned. Alternative proposals may be made.

4.

Application and fees. All applications for amendments under this section shall be accompanied by an application fee for processing amendments which are heard before the city planning and zoning commission and the city council. An application fee shall also be required for applications which are to be heard before the zoning board of adjustments and appeals. These fees shall be in an amount set forth in the fee schedule adopted by the city council. In addition to the required fee, each application shall contain the following information:

a.

Accurate legal description of the subject property which is either a lot and block number to a plat of record in the Anderson County deed records or a metes and bounds description which will close and properly identify the property;

b.

Location and street address of subject property;

c.

Name, address, and telephone number of the present owner(s) of the property, together with proof of ownership. Proof of ownership may be made with the original of a deed or other instrument of conveyance or by certified copy of such instrument or by owner's or mortgagee's policy of title insurance or by the attorney's opinion of title by any attorney licensed to practice law in the State of Texas;

d.

Current zoning classification;

e.

Current status of development of subject property including general statement of its development and description of all existing improvements;

f.

The desired zoning classification;

g.

Applicant's reasons for desiring zoning change;

h.

Existing deed restrictions, proposed deed restrictions;

i.

Current status of planning and proposed development and time required for proposed development;

j.

Surveyor's map or plat of the proposed property if deemed necessary by the city building inspector; and

k.

Each application must be signed by the owner(s), or owner(s) agent, giving applicant's mailing address and his proprietary status with reference to the property. In addition, each application shall contain a certificate signed and sworn by the applicant stating that the applicant is the owner(s) or agent(s) of the owner(s) of the subject property and therefore authorized to make such application. The application fee will entitle applicant to have his application processed for a change of zoning or a specific use for a single, contiguous parcel of property. When in the opinion of the code enforcement officer, the tract to be rezoned is so large that the expenses of the city will exceed the application fee, the building inspector may require a fee to be paid equal to the city's expense in sending out and publishing the notice required by state law for a change of zoning.

5.

Public hearing before the planning and zoning commission. The planning and zoning commission shall hold a public hearing on any application for any amendment or change prior to making its recommendation report to the city council. Written notice of all public hearings before the planning and zoning commission on a proposed amendment or change shall be sent to all owner(s) of real property lying within 200 feet of the property on which the change is requested including the area of any intervening streets. 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 ownership appears on the last approved city tax roll.

6.

Notice and public hearing before the city council. A public hearing shall be held by the city council before adopting a proposed amendment, supplement, or change. Notice of such hearing shall be given by publication in the official publication of the City of Palestine stating the time and place of such hearing, which time shall not be earlier than 15 days from the date of publication. If a proposed amendment, supplement, or change has been denied by the planning and zoning commission, or if a protest against the proposed amendment, supplement, or change has been filed with the city secretary, duly signed and acknowledged by the owner(s) of 20 percent or more of the area of the lots included in such proposed change, or of the lots of land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council. In computing the percentage of land area, the area of streets and alleys shall be included in the computation. No change, however, shall become effective until after the adoption of an ordinance for the same and publication as required by law. Publication of said change shall be accomplished by publishing the descriptive caption and penalty clause of the ordinance amending the comprehensive plan to incorporate the change.

7.

New and unlisted uses. It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Palestine. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

a.

The building inspector shall refer the questions concerning any new or unlisted use to the planning and zoning commission requesting an interpretation as to the zoning classification in which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer. Notice of the question of any new and unlisted use before the planning and zoning commission shall be given by posting an agenda in conformance with the Texas Open Records Act. No publication of said meeting before the planning and zoning commission for a new and unlisted use will be required in the newspaper of general circulation in the city.

b.

The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted.

c.

The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council shall then hold a public hearing to receive input on any new or unlisted use into the comprehensive zoning ordinance. The public hearing before the city council shall be noticed as provided herein. The city council may approve the recommendation of the planning and zoning commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings.

(Ord. No. O-18-95, § I, 7-24-95; Ord. No. O-38a-06, § XXII, 11-13-2006)