§ 35-403. Notice Provisions.

(a)

Generally. The notice requirements for each type of application for development approval are prescribed in the individual subsections of this article applicable thereto and/or the Texas statutes. The notice requirements for certain types of public hearings are established in Table 403-1 below provided, however, that to the extent of any inconsistency between the provisions of this section and any state statute, the state statute shall govern.

(b)

Contents of Notice. The notice shall state the time, date and place of hearing and a description of the property subject to the application. The notice shall include, at a minimum, the following:

• The street address, if the street address is unavailable, the legal description by NCB/CB, block, and lot metes and bounds or a general description of the location of the property, either using block numbers, nearby street intersections or approximate distances from intersections.

• The current zoning district, if any; and

• The category of permit requested and a brief description of the proposed development including density or building intensity, revised zoning classification (if any), and uses requested.

In Table 403-1, the method for providing notice is provided in column (A) and the types of permits affected are set forth in columns (B) through (L). In Table 403-1, an asterisk (*) indicates that the type of notice prescribed in column (A) is required for the category of development order prescribed in columns (B) through (L), while a dash (—) indicates that the notice is not required.

Table 403-1

Notice Requirements

(A)

(B)

(C)

(D)

(E)

(F)

(G)

(H)

(I)

(J)

(K)

(L)

(M)

Type of Notice

Amendments to Master Plan

Amendments to future land use or text changes to the Community, Neighborhood, Perimeter or Sector Plans

Rezoning

Master Development Plan

Items Requiring Public Hearing Before the Board of Adjustment

Subdivision Plat, Major

Subdivision Plat, Minor

Certificate of Appropriateness (Not Including Administrative Approval Certificates)

Permits, Orders or Approvals Not Mentioned Requiring Public Hearing

Request for Demolition of a Historic Landmark or Potential Historic Landmark

Historic Designation Application Approved by Historic Preservation Officer

Applications within Neighborhood Conservation Districts and Historic Districts

Publication: Publication in an official newspaper of general circulation before the 15th day before the date of the hearing.

*

*

*

—

*

*(6)

*(6)

—

*

—

—

Mail : Written notice of the public hearing shall be sent.

__

*(1)(2)

*(1)(2)

—

*(1)(2)

*(6)

*(6)

—

*(1)

*(1)(2)

*(2)(8)

Internet: Post notice on the city's Internet website until the process has been completed.

*(7)

*

*

*(7)

*

*(7)

*(7)

*

*

*

—

Signage: Post a sign on the property subject to the application. Signs to be installed and provided by the city

—

*(4)(5)

—

—

—

—

*

—

*

—

E-Mail: Courtesy Reports of Applications shall be sent.

*(9)

 

Notes:

(1)

Notice shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property, within two hundred (200) feet of the property. Notice for zoning cases shall be sent prior to the tenth day before the date of the public hearing at the zoning commission. Notice for demolition applications shall be sent prior to the seventh day before the date of the public hearing at the historic design and review commission. Notice shall not be required for text amendments to the Community, Neighborhood, Perimeter or Sector Plans.

(2)

Notice shall be sent to registered neighborhood associations within two hundred (200) feet of the project.

(3)

The sign shall measure not less than eighteen by twenty-four inches and shall contain:
City's name,
HDRC Case #_______,
Name of Case Manager, and
Contact telephone number.
The sign shall be constructed of corrugated plastic sign stock and shall be in a highly visible fluorescent style color with contrasting colors. Lettering shall be a block font in as large a type as permitted by the sign size.

(4)

The sign shall measure not less than twenty-four (24) by thirty-six (36) inches and shall contain:
City's name,
Zoning Case#_______
Contact telephone number of case manager
(General) Purpose: From_______ To_______
The sign shall be constructed of corrugated plastic sign stock and shall be in highly visible fluorescent style color with contrasting colors. Lettering shall be a block font in as large a type as permitted by the sign size.

(5)

The requirement for the posting of signs on individual lots and properties shall be waived for city initiated area-wide rezoning consisting of six (6) or more individual lots. However, signs will be placed at the general location of the boundary of the area-wide zoning project and its intersection with major arterial and collector streets that provide ingress/egress to the area subject to rezoning.

(6)

Notice for replat applications shall be sent in accordance with Local Government Code Ch. 212.015.

(7)

Notice will include project name, number of acres, and approximate location.

(8)

The historic preservation officer shall notify all property owners within a proposed historic district boundary of the date, time, place and purpose of the historic and design review commission hearing at least thirty (30) days prior to the historic and design review commission hearing on the historic district designation.

(9)

Notice of Courtesy Reports of general building permits, sign permits, and Preliminary Plan Review meeting requests shall be sent weekly to all registered neighborhood associations. These notices are sent as a courtesy. Any failure to send or receive courtesy reports shall not restrict the issuance of the applicable permit.

(c)

Action to be Consistent With Notice. The reviewing body may take any action on the application that is consistent with the notice given, including approval of the application, conditional approval (if applicable) of the application, or denial of the application.

(d)

Minor Application and Zoning Site Plan Amendments Not Requiring Renotification.

(1)

The provisions of this subsection (d) shall govern to the extent not inconsistent with provisions relating to minor amendments for a specific category of development permits or development orders. Minor amendments to the application or previously approved zoning site plan may be made without requiring resubmission of the entire application. For purposes of this subsection, "minor amendments" are amendments which:

A.

Permit equal or fewer dwelling units, floor area, lot coverage or impervious surface than that requested on the original application;

B.

Reduce the impact of the development; or

C.

Reduce the amount of land involved from that indicated in the notices of the hearing.

(2)

A minor amendment shall not, in any case, permit:

A.

An increase in the number of dwelling units, floor area, lot coverage or impervious surface development;

B.

A different land use than that requested in the application;

C.

A larger land area than indicated in the original application; or

D.

A greater variance than that requested in the application.

(3)

A minor amendment shall not reduce or eliminate conditions adopted in this chapter or otherwise adopted by city council ordinance for a specific use authorization or conditional zoning district unless a new notice of zoning commission recommendation and city council action is provided prior to the final decision thereto.

(4)

Zoning Intensity. For purpose of notification the following table of intensity of zoning shall be used. The intensity ranges shall constitute all districts on the following table that lie between the existing zoning district of the subject property and the requested zoning district for the subject property. Consideration of such a recommendation shall not require renotification.

A.

The following requests for zoning shall require renotification:

i.

Amending a zoning request to or from any multi-family district;

ii.

Amending a zoning request to or from any flex district (UD, RD, FR MI-1 and MI-2);

iii.

Adding or removing an overlay district;

iv.

Amending a zoning request to or from any special district; or

v.

Amending any zoning request outside the range of Table 403-2.

B.

The following requests for zoning shall not require renotification:

i.

Amending a zoning request to decrease the density of a multi-family district, notwithstanding subsection (d)(4)A.i. above,

ii.

Amending a zoning request to change a use in an IDZ base or overlay district that will decrease density or intensity consistent with Table 403-2; or

iii.

Request of the property owner for imposition of "NA" or "R" suffix for "C-2" or "C-3" districts.

Table 403-2
Intensity Ranges

"RP"

"RE"

"R-20"

"R-6"

"R-5"

"R-4"

"R-3"

"RM-6"

"RM-5"

"RM-4"

"MF-18"

"MF-25"

"MF-33"

"MF-40"

"MF-50"

"MF-65"

"NC"

"O-1"

"C-1"

"O-1.5"

"C-2NA," "C-2P", "C-2NR"

"C-2"

"O-2"

"C-3NA"

"C-3R", "C-3NR"

"C-3"

"D"

"L"

"I-1"

"I-2"

Example an applicant with a property presently zoned "R-6" and requesting "C-3" could receive a recommendation for approval of any of the following districts "R-5," "R-4," "R-3," "NC," "O-1," "O-1.5," "C-1,""C-2NA," "C-2P," "C-2," "O-2," "C-3NA," "C-3R OR "C-3" without requiring renotification. Rezoning to a "MF" district would require renotification.

(Ord. No. 96564 § 3)(Ord. No. 97568 § 2)(Ord. No. 98698 § 1)(Ord. No. 98772 § 1) (Ord. No. 100126 § 2) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2009-12-10-1026, § 2, 10-10-09) (Ord. No. 2010-06-24-0616, § 2, 6-24-10) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2012-10-18-0829, § 2, 10-18-12) (Ord. No. 2012-12-06-0932, § 2, 12-6-12; Ord. No. 2015-12-17-1077 , § 2, 12-17-15) ( Ord. No. 2016-06-30-0515, § 2, 6-30-16 ) ( Ord. No. 2017-05-18-0344, § 2, 5-18-17 )