Ord 2004-092 - Laserfiche WebLink

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~ 41 J Chapter 1 Development Procedures - Article 5 Zonin~ Procedures Cc) Action by Commission. The Planning and Zoning Commission, following the public hearing, shall formulate a report and recommendation on the petition for a zoning map amendment, and shall forward the report and recommendation to the City Council. Cd) Decision. The City Council shall consider the report of the Planning and Zoning Commission and the petition at a public hearing. The City Council may vote only on a specific proposed amendment that has been recommended for approval or denial by the Planning and Zoning Commission. If the City Council wants to consider a zoning designation other than that recommended by the Planning and Zoning Commission, the Council shall return the petition to the Planning and Zoning Commission with direction to make a recommendation on the alternate designation suggested by the City Council. A decision of the Council reclassifying land to a different zoning district shall be in the form of an ordinance that amends the City's official Zoning Map. Ce) Super-Majority Vote. In each of the following circumstances, a zoning amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Council: (1) When a written protest against the amendment is signed by the owners of 20% or more of either the area of the lots or land included in the proposed change, or of the lots or land adjoining or within 200 feet of the lots or land. In computing the percentage of land area, the area of streets and alleys shall be included in the computation. For purposes of this subsection, the following shall apply: a. The written protest of anyone owner of land owned by two or more persons shall be presumed to be the protest of all such owners. b. The written protest must be submitted to the City Clerk at least five business days before the date of the meeting at which the proposed change is to be considered. c. A person who wishes to withdraw a signature from a written protest must submit a signed, written request for the withdrawal to the City Clerk by the deadline for submitting a written protest. A signature may not be otherwise withdrawn. (2) When the Planning and Zoning Commission recommends denial of the zoning amendment. Cf) Deferral of Decision. The Planning and Zoning Commission or the Council may, on its own motion, or at the applicant's request, defer its recommendation or decision and table the request to a date certain that is not more than 90 calendar days from the date of the initial public hearing, to consider other information or proposed modifications to the request which may have a direct bearing on the recommendation or decision. If City of San Marcos, Texas 1-51 Land Development Code - Final