§ 52-80. Changes and amendments.

(a)

The city council of the City of Irving may from time to time amend, supplement, or change by ordinance, the boundaries of the use district the use designation of any property, or the regulations herein established as herein provided.

(1)

Before taking any action on any proposed amendment, supplement or change in the district boundaries herein established, or a change in the use designations of any property, the city council shall submit the same to the planning and zoning commission for its recommendations and report.

(2)

A public hearing shall be held by the city council before adopting any proposed amendment, supplement or change in the district boundaries herein established or the use designation of any property as provided by this ordinance and the laws of the State of Texas.

(b)

The city council of the City of Irving may from time to time, amend, supplement or change by ordinance the regulations, standards, or requirements of this ordinance for each district or use regulations of property within a district or, use regulations of property within a district as herein provided.

(1)

Before taking any action on any proposed amendment, supplement or change, the city council shall submit the same to the planning and zoning commission for its recommendations and report.

(2)

A public hearing shall be held by the city council before adopting any proposed amendment, supplement or change, as provided by this ordinance and the laws of the State of Texas.

(3)

A public hearing shall be held by the planning and zoning commission on any proposed amendment, supplement or change in the regulations, standards or requirements of this ordinance. Notice of such public hearing shall be given by publication at least one time in a newspaper of general circulation in the City of Irving, of the time and place of such hearing, at least ten (10) days prior to the date of such hearing.

(c)

In determining whether a change to the boundaries of a use district or the use designation of any property is appropriate, the planning and zoning commission in making its recommendation and the city council in acting upon any petition to effect such change or to designate the use for such property shall first determine that the proposed change in boundaries or use designation is consistent with the adopted comprehensive plan for the City of Irving and no amendment shall be approved that is inconsistent with the comprehensive plan. In determining consistency, the following rules shall apply:

(1)

A proposed change or use designation is inconsistent with the comprehensive plan if the uses authorized by the proposed change in boundaries or use designation conflict with the uses designated for the category or categories of land uses depicted on the future land use map for the property. Such change may be approved only if the future land use map is amended to render the proposed uses consistent with the categories designated on the map.

(2)

In determining whether the uses authorized by the proposed change in boundaries or use designation conflict with the future land use map, the city shall consider both the description of the land use categories affixed to the map and the descriptions and policies in the text of the adopted comprehensive plan relating to such categories.

(3)

In the event that a definitive interpretation of consistency cannot be determined from the plan, the proposed change in boundaries or use designation may be approved if it is not inconsistent with the future land use map and the text of the plan relating to location of uses authorized by such change.

(Ord. No. 7024, § 1, 4-22-97)

State law reference

Zoning ordinance amendments, V.T.C.A., Local Government Code § 211.006.