Item 14 - PresentationCase ZA25-0050, Ordinance No. 480-HHHHH,
Amending Ordinance No. 480, Section 46
“Amendments to the Zoning Ordinance”
City Council
Public Hearing
Website
Posting
Zoning Protest
Procedures
Public Hearing
Sign
Requirements
Nonconforming
Use
Notification
Proposed Amendments
BOPTION
Proposed Amendments
Add Section 46.3.c.1.1 – Nonconforming Use Notification
In addition, written notice of each public hearing shall be provided regarding any proposed adoption
of or change to a zoning regulation or boundary under which a current conforming use of a property
may become a nonconforming use if the regulation or boundary is adopted or changed. Written
notice shall be provided by United States mail to each owner of real or personal property where the
proposed nonconforming use is located as indicated by the most recently approved municipal tax roll
and each occupant of the property not later than the 10th day before the hearing date. The notice
must contain the time and place of each public hearing and include the following text in bold 14-point
type or larger: "THE CITY OF SOUTHLAKE IS HOLDING A HEARING THAT WILL DETERMINE
WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS
CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."
BOPTION
Proposed Amendments
Add Section 46.3.c.2 – Website Posting
Current (46.3.b): At least fifteen (15) days notice of the time and place of
such hearing shall be published in the official newspaper of the City of
Southlake.
Proposed (46.3.c.2): Before the 15th day before the date of the City Council
hearing, the time and place of such hearing shall be published in the official
newspaper of the City of Southlake and posted on the City’s internet website.
BOPTION
Proposed Amendments
Public Hearing Sign Requirements
Current (46.3.b): Furthermore, the Administrative Official is directed to cause a sign to be placed
upon each property to be rezoned clearly visible to passersby which states that the property is the
subject of a rezoning application (or words of like intent). The sign shall be posted at least 15 days
prior to the hearing and shall remain posted until the hearing. The erection or continued maintenance
of the sign shall not be deemed a condition precedent to the holding of the public hearing, the
adoption of any proposed zoning change, or any other official action concerning such amendment.
Proposed (46.3.c.3):Furthermore, the Administrative Official is directed to cause a sign to be placed
upon each property to be rezoned, or in the public right-of-way for a change initiated by the City that
affects multiple properties, that is at least 24 inches long by 48 inches wide and clearly visible to
passersby which states that the property is the subject of a rezoning application (or words of like
intent). The sign shall be posted not later than the 10th day prior to the Planning and Zoning
Commission hearing and shall remain posted until the date of the final determination on the proposed
change.
BOPTION
Proposed Amendments
Zoning Protest Procedures
Current (46.3.c): If a proposed change to a regulation or boundary is protested in accordance with
this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at
least three-fourths of all members of the City Council. The protest must be written, signed and
acknowledged by the owners of at least twenty (20) percent of either:
1. The area of the lots or land covered by the proposed change; or
2. The area of the lots or land immediately adjoining the area covered by the proposed change and
extending two hundred (200) feet from that area.
BOPTION
Proposed Amendments
Zoning Protest Procedures
d. PROTESTS. If a proposed change to a regulation or boundary is protested in accordance with this subsection, the
proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the
City Council. The protest A protest of a proposed change to a zoning regulation or district boundary must be written,
signed and acknowledged by the owners of: at least twenty (20) percent of either:
1. At least twenty (20) percent of Tthe area of the lots or land covered by the proposed change; or
2. Except as provided by in subsection 3 below, at least twenty (20) percent of Tthe area of the lots or land immediately
adjoining the area covered by the proposed change and extending two hundred (200) feet from that area; or
3. At least 60 percent of the area of the lots or land immediately adjoining the area covered by the proposed change and
extending 200 feet from that area if the proposed change has the effect of allowing more residential development than
the existing zoning regulation or district boundary and does not have the effect of allowing
additional commercial or industrial uses unless the additional use is limited to the first floor of any residential
development and does not exceed 35 percent of the overall development.
e. If a proposed change to a regulation or district boundary is protested in accordance with Subsection (cd) above, the
proposed change must receive, in order to take effect, the affirmative vote of at least:
1. three-fourths of all members of the governing body for a protest described by Subsection (cd)(1) or (2); or
2. a majority of all members of the City Council for a protest described by Subsection (cd)(3).”
DISCUSSION & QUESTIONS