Item 6H - Current Section 46SECTION 46
AMENDMENTS TO THE ZONING ORDINANCE
(As amended by Ordinance No. 480-NNNN)
(As amended by Ordinance No. 480-EEEEE)
46.1 GENERAL - The City Council may from time to time amend, supplement, or change by
ordinance the boundaries of the zoning districts or the regulations herein established.
a. The Planning and Zoning Commission or the City Council may, on its own motion, institute
proposals to amend, supplement, or change a zoning district boundary or zoning regulation
in the public interest.
b. The owner of any real property, or his agent, upon proof of such ownership, may file an
application to change a zoning classification on such property.
c. The property owner, lessee, developer, or option holder of any property may petition the
governing body for an amendment to the text of this ordinance which affects such property.
46.2 APPLICATION / FORMAL SUBMITTAL (As amended by Ord. No. 480-FF)
a. Zoning Changes (no exhibit required) -An application for a change of zoning classification
by a property owner shall be submitted on forms prepared by the City and shall be
accompanied by the following:
1. An application form signed by the owner(s) of all property within the area of request and
notary acknowledgment of all signatures.
2. On unplatted properties, a boundary survey shall be provided with a metes and bounds
description and with all improvements shown. This survey shall be performed by a
public surveyor registered in the State of Texas. Platted properties shall provide the lot,
block, subdivision and phase description for each lot requesting a change in zoning.
3. Any documents, such as studies, drawings, exhibits, or other ordinance requirements, in
sufficient size and number, as set forth in the most current submittal policies and any
reasonable information requested by the Administrative Official to assist the City in its
review of the application.
4. Any application submitted after a submittal deadline will be processed at the next
applicable submittal deadline.
5. An application will not be forwarded to the Planning and Zoning Commission and the
City Council or advertised for any required public hearings until it meets the criteria of a
formal submittal.
b. Zoning Changes (requiring exhibits) -An application for a change in zoning classification by
a property owner shall be aaccompanied by a concept plan, development plan, or site plan
as required by this ordinance or any other ordinances of the City.
c. Text Amendment -An owner, lessee, developer or option holder of real property within the
City may file an application for an amendment to the text of this ordinance. The application
shall be accompanied by any reasonable information requested by the Administrative
Official to assist the City in its review of the application.
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d. Application Fees -Every application shall be accompanied by the appropriate submittal fee
as established by the City, and under no condition shall said fee or any part thereof be
refunded for failure of such amendments to be enacted into law.
46.3 REVIEW PROCEDURES (As amended by Ord. No. 480-NNNN, 480-EEEEE)
a. Before taking 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
report. The Planning and Zoning Commission, shall hold a public hearing on any application
for any amendment, supplement, or change prior to making its recommendation and report
to the City Council. Written notice of all public hearings before the Planning and Zoning
Commission, on a proposed amendment, supplement, or change to a district boundary shall
be sent to all owners or persons rendering taxes on real property lying within three -hundred
(300) feet of the property for which the change is requested. Such notice shall be given not
less than ten (10) days before the date set for hearing by depositing a notice properly
addressed and postage paid in the United States Post Office to such property owners as
their ownership appears on the last approved City tax roll. (480-EEEEE)
b. A public hearing shall be held by the City Council before adopting any proposed
amendment, supplement, or change. 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.
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.
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.
46.4 LIMITATION ON REAPPLICATION -A zoning application for the same action and for the same
property which has been previously denied by the City Council may not be re -initiated for a
period of at least six (6) months from date of denial unless the application was denied without
prejudice.
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