§ 10. Zoning changes and amendments to zoning ordinance or districts and administrative procedures.

10.1

Declaration of policy and review criteria.

A.

The city declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

1.

To correct any error in the regulations or map;

2.

To recognize changed or changing conditions or circumstances in a particular locality;

3.

To recognize changes in technology, the style of living, or manner of conducting business; or

4.

To change the property to uses in accordance with the city's adopted comprehensive plan.

B.

In making a determination regarding a requested zoning change, the planning and zoning commission and the city council shall consider the following factors:

1.

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the city as a whole;

2.

Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;

3.

The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances which may make a substantial part of such vacant land unavailable for development;

4.

The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change;

5.

How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved; and

6.

Any other factors that will substantially affect the public health, safety, morals, or general welfare.

10.2

Authority to amend ordinance.

A.

The city council may from time to time, after receiving a recommendation thereon by the planning and zoning commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the zoning map. Any amendment to the zoning ordinance text or to zoning district boundaries may be ordered for consideration by the city council, may be initiated by the planning and zoning commission, or may be requested by the owner of real property (or his/her authorized representative).

B.

Consideration for a change in any zoning district boundary line or special zoning regulation may be initiated only by the property owner or his/her authorized agent (proof of such authorization must be submitted with the zoning application, per section 10.3), or by the planning and zoning commission or the city council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown in city records are different, the applicant shall submit proof of ownership and verification that he/she is acting as an authorized agent for the property owner.

C.

No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of Terrell, and which are directly attributable to a piece of property requested for zoning shall be allowed to submit a zoning request until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof to the City of Terrell shall have been first fully discharged by payment, or until an arrangement satisfactory to the city has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that all taxes, fees, etc. have been paid or that other arrangements satisfactory to the city have been made for payment of said taxes, fees, etc.

10.3

Application.

A.

Each application for zoning, rezoning, planned development (PD), specific use permit (SUP), or for a text amendment to a provision(s) of this zoning ordinance, shall be made in writing on an application form available in the municipal development department office. The application shall be delivered to the municipal development department at least 30 calendar days prior to the date of the public hearing before the planning and zoning commission, and shall be accompanied by payment of the appropriate fee as established by ordinance. An accurate metes and bounds description of the subject property (or other suitable legal description), a survey (i.e., drawing) exhibit, and other appropriate exhibits (i.e., site plans, maps, architectural elevations, information about proposed uses, etc.) that are determined necessary by the municipal development department shall also be submitted with the zoning application in order to ensure that the request is understood. A concept plan, as prescribed in subsection 31.A.5 of this ordinance, shall also be submitted along with any zoning request involving the formation of a planned development (PD) district. A site plan, as prescribed in subsection 31B.4 of this ordinance, shall also be submitted along with any zoning request involving a specific use permit (SUP).

B.

All zoning change requests involving real property (including PD and SUP requests) shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of land owner's agent to file the zoning change request. In addition to the above required documentation a certificate from the Kaufman County Tax Office verifying that all taxes, liens and judgments have been paid and/or are current must accompany the application.

C.

Official submission date and completeness of application.

1.

For the purpose of these regulations, the "official submission date" shall be the date upon which a complete application for a zoning change request (that contains all elements and information required by this ordinance) is submitted to the municipal development department. No application shall be deemed officially submitted until the municipal development department determines that the application is complete and a fee receipt is issued by the city. Failure by the municipal development department to make a determination of incompleteness within ten calendar days following the date on which the application was first received by the city, shall result in the application being deemed complete, and the "official submission date" shall become the tenth calendar day following initial receipt of the application by the city.

2.

Zoning applications which do not include all required information and materials (as outlined above and per other city development review policies) will be considered incomplete, shall not be accepted for official submission by the city, and shall not be scheduled on a planning and zoning commission agenda until the proper information is provided to city staff.

10.4

Notice of public hearing.

A.

Public hearing for zoning changes involving real property. For zoning and rezoning requests involving real property (including PD and SUP requests), the planning and zoning commission and the city council shall hold at least one public hearing on each zoning application, as per applicable state law ([V.T.C.A. Local Government Code ch. 211, as amended).

1.

Notice of the public hearings to occur before the planning and zoning commission and city council shall be given together by publishing the purpose, time and place of the public hearing in the official newspaper of the city before the fifteenth day prior to the date of the first public hearing.

2.

Written notice of the public hearing before the planning and zoning commission shall also be sent to all owners of property, as indicated by the most recently approved city tax roll, that is located within the area of application and within 200 feet of any property affected thereby, said written notice to be sent before the tenth calendar day prior to the date such hearing is held. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the United States mail.

B.

Public hearing for zoning changes involving ordinance text. For requests involving proposed changes to the text of the zoning ordinance which do not change zoning district boundaries or zoning classifications on any real property, notice of the public hearings to occur before planning and zoning commission and city council hearings shall be accomplished by publishing the purpose, time and place of the public hearings in the official newspaper of the city before the fifteenth day prior to the date of the first public hearing. Changes in the ordinance text that do not change zoning district boundaries (i.e., which do not involve specific real property) and are to be applied city-wide do not require written notification to individual property owners.

C.

Joint public hearings. The city council may, by ordinance, conduct a joint public hearing on a zoning, rezoning or zoning ordinance text amendment request along with the planning and zoning commission, but the city council shall not take action on the request until it has received a final recommendation from the commission. Notification for a joint public hearing shall be accomplished by publishing the purpose, time and place of the joint public hearing in the official newspaper of the city before the fifteenth calendar day prior to the date of the public hearing. In accordance with [V.T.C.A.] Local Government Code ch. 211.077, the city council shall prescribe any other necessary methods of notification for joint public hearings.

D.

Additional rules and procedures established. The city may, at is option, establish additional rules and procedures for public notification of proposed zoning changes and developments proposals (e.g., required plans, plats, etc.) which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the applicant or its agent(s). Knowledge of and adherence to such rules and procedures, if so established by the city, shall be the responsibility of the applicant and shall be required as part of a zoning change or development application.

10.5

Failure to appear.

A.

Failure of the applicant or his/her authorized representative to appear before the planning and zoning commission or the city council for more than one hearing shall constitute sufficient grounds for the planning and zoning commission or the city council, at that body's option, to table or deny the application. Such tabling or denial shall not entitle the applicant to any refund of fees paid for consideration of his/her application, unless such refund is requested in writing and is expressly granted by the commission or city council at the time of tabling or denial of the application.

10.6

Planning and zoning commission consideration and recommendation.

A.

Accordance with section 8. The planning and zoning commission shall function in accordance with section 8 of this ordinance and with applicable provisions in the city's Code of Ordinances.

B.

Tabling of the decision/recommendation. The planning and zoning commission may, on its own motion or at the applicant's request, table its decision/recommendation for not more than 90 calendar days from the time the public hearing was first opened. Such tabling shall specifically state the time period of the tabling by citing the meeting date whereon the request will reappear on the commission's agenda, and further notice in the newspaper and to surrounding property owners shall not be required.

C.

Recommending approval. When the commission is ready to act upon the zoning request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions, or disapproval of the request. The request will then be forwarded to the city council for public hearing.

D.

Recommending denial. If the planning and zoning commission recommends denial of the zoning change request, it shall provide reasons to the applicant for the denial, if requested by the applicant. The planning and zoning chairperson shall inform the applicant of the right to receive reasons for the denial.

10.7

City council authority and consideration.

A.

City council authority. The city council, after receiving a recommendation by the planning and zoning commission and after public hearings required by law, may amend, supplement, or change the regulations of this ordinance or the boundaries of the zoning districts on the zoning map.

B.

Applications forwarded to the city council. After consideration by the planning and zoning commission, all zoning applications shall be automatically forwarded to the city council for a public hearing following appropriate public hearing notification as prescribed in section 10.3 above.

C.

City council action on zoning, rezoning or text amendment requests. After a public hearing is held before the city council regarding the zoning application, the city council may:

1.

Approve the request in whole or in part (if the city council approves the request, then subsection 10.7.E will apply),

2.

Deny the request in whole or in part,

3.

Table the application to a future meeting (and specifically citing the city council meeting to which it is tabled), or

4.

Remand the application back to the planning and zoning commission for further study.

D.

Protests. For zoning and rezoning requests involving real property (including PD and SUP requests), a favorable vote of three-fourths of all members of the city council shall be required to approve any change in zoning when written objections are received from 20 percent or more of the land area covered by the proposed change, or of the land area within 200 feet of the subject property, in accordance with the provisions of [V.T.C.A.] Local Government Code § 211.006 (commonly referred to as the "20% rule"). If a protest against such proposed zoning change has been filed with the city secretary, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the land included in such a proposed change or those owners of property immediately adjacent to the subject property and extending 200 feet there from, such zoning change shall not become effective except by a three-fourths vote of the full city council.

E.

Final approval and ordinance adoption. Upon approval of the zoning request by the city council, the applicant shall submit all related material with revisions, if necessary, to the MD director (or his/her designee) for the preparation of the amending ordinance. The zoning request shall be deemed approved at the time the city council makes a decision to approve the request. The amending ordinance will be prepared for adoption when a correct description and all required exhibits have been submitted to the MD director or his/her designee. The amending ordinance shall be effective at such time that it is adopted by the city council, signed by the mayor, and attested by the city secretary.

10.8

Administration and enforcement.

A.

The MD director shall be authorized by the city council to administer and enforce the provisions of this ordinance. If the MD director finds upon his/her own personal observation, or upon receipt of a complaint, that the provisions of this ordinance are being violated, he/she shall immediately investigate and, when necessary, give written notice to the person(s) responsible to cease or correct such violation(s) immediately. Notice may be delivered in person or by certified mail to the violator(s) or to any person owning or leasing a property where the violation is occurring. The MD director shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this ordinance.

B.

Stop work orders. Whenever any building or construction work is being done contrary to the provisions of this ordinance, the municipal development department shall have the authority to order the work stopped by notice in writing served on the property owner or the contractor doing the work or causing such work to be done, and any such person shall forthwith stop such work until authorized in writing by the city to proceed with such work. Failure to immediately stop work as provided herein shall constitute a violation of this ordinance, in accordance with section 47 (penalty for violations), and may incur penalties for such violation.

10.9

Schedule of fees, charges and expenses.

A.

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any zoning or development application or on any appeal.

B.

The city council, upon the recommendation of the planning and zoning commission, shall determine and adopt a fee schedule for the purpose of recovering a portion of the administrative costs associated with processing zoning and development requests, including public hearings that are called for in this ordinance. Such fees shall be paid by the applicant and shall not be designed to in any way restrict the applicant's ability to seek and receive a hearing or to generate revenue for other than recovery of actual administrative costs incurred by the city in the review and processing of applications. Immediately upon receipt of a complete submission for a zoning change or other development plan approval (in accordance with subsection 10.3C above), the city secretary (or his/her designee) shall issue a fee receipt and shall create a case file as a permanent city record thereof.