Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 5: - ZONING PROCEDURES DIVISION 1: - PETITION FOR ZONING MAP AMENDMENTS (1) In the event the ownership stated on a petition is different from that shown in City or appraisal district records, the petitioner shall submit written proof of ownership or verification that the petitioner is acting as an authorized agent for the property owner. (2) A landowner or agent seeking approval of a petition for a zoning map amendment shall pay or otherwise satisfy all delinquent taxes, paving assessments, impact fees, or any other delinquent debts or obligations for the property to be rezoned at the time the petition is submitted. It shall be the petitioner's responsibility to provide evidence or proof that all taxes and obligations have been paid. (c) Contents. The petition for a zoning map amendment shall be accompanied by an application prepared in accordance with Chapter 1 of the Technical Manual. Section 1„ „1„ 4 ,,. Pirocessiling of AppIllicatiloin and IlD iii iiion (a) Notice. The responsible official(s) shall cause posted notice and personal notice of the public hearing before the Planning and Zoning Commission and published notice and posted notice of the public hearing before the City Council to be given in accordance with Article 3, Division 2 of this Land Development Code. (b) Special Notice. Whenever the City Council intends to convene a joint public hearing with the Planning and Zoning Commission, the Director shall cause notice of the joint public hearing to be given as prescribed by ordinance of the Council. (c) 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. (d) Decision. The City Council shall consider the report of the Planning and Zoning Commission and the petition at a public hearing no sooner than seven days after the date of the Planning and Zoning Commission's recommendation and report. 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. (e) 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 percent 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 any one 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. d. A petition for a zoning map amendment may not be modified to change the boundaries of the subject property after a written protest petition requiring a super- majority vote of the city council has been submitted. San Marcos, Texas, Code of Ordinances Page 47