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City attorney explains HB 24 changes that streamline notice for citywide zoning rewrites
Summary
Rowlett’s city attorney briefed council and commissioners on state changes that define “proposed comprehensive zoning change,” alter notice procedures and modify the effectiveness and protest thresholds for certain zoning changes.
Victoria Thomas, the City of Rowlett’s city attorney, summarized changes from recent state legislation and their local implications during the Sept. 30 meeting.
Thomas said the law now defines a “proposed comprehensive zoning change” broadly to include a city proposal that would adopt a new zoning code or map or change regulations citywide in a way that would allow more residential development. “It added a definition of a proposed comprehensive zoning change,” she said.
Under the statute Thomas described, notice for a proposed comprehensive zoning change is limited to publication in a newspaper and on the city website 15 days before the public hearing; the statute does not require the typical 200-foot mailed notices used for individual rezonings. For non-comprehensive zoning changes, Thomas said the city must still publish the notice, maintain a sign posted on the affected property at least 10 days before the Planning and Zoning hearing and mail notices to owners within a 200-foot radius (the city also does a 500-foot courtesy notice). Thomas noted signs must meet the statute’s minimum size and that the Planning and Zoning Commission can require the applicant to provide and maintain the sign.
Thomas also explained how protest procedures and vote thresholds now operate. For most rezoning protests the city must follow existing thresholds (for example, a written protest by owners covering at least 20% of the land or lots affected can trigger a requirement that the rezoning obtain a three-fourths affirmative vote of the governing body). But for changes that would allow more residential development (the statute’s third category), she said a protest has less effect: if 60% of owners within 200 feet protest, the change can still take effect with a majority vote of the governing body rather than a supermajority. Thomas added that zoning changes of that type are “conclusively presumed valid” after 60 days unless a legal action is filed to invalidate them.
Thomas said electronic-notice provisions exist but currently still require fallback to traditional delivery methods if recipients do not acknowledge receipt. She recommended continuing current practice of mailed notices and posting in addition to any electronic subscription services.
No formal council action was taken; Thomas said staff will continue to apply the new statutory requirements when processing proposed code-wide changes and individual rezonings.
