ORD.2026-017: Consider action on a recommendation and report for text amendments to Section 115-35 of the Code of Ordinances to amend regulations, notice requirements, protests, and processes relating to zoning code amendments and zoning classification/district boundary changes as required by Texas Local Government Code Chapter 211.

Staff Report & Agenda Item Details

Section 115-35 of the City of Watauga Code of Ordinances was adopted in 2001 and has not been amended in more than 15 years. City administration expressed to staff concern that amendments have not been made in several years to the city’s Code of Ordinances. Over the years, the legislature has made a number of significant changes that render many of the ordinance’s provisions either obsolete, incomplete, or invalid. The administration has made, and is proposing, a number of changes to update the section to conform to the law. The City Attorney has reviewed and is recommending consideration of the revisions made. Following several discussions between administration and staff, text amendments have been proposed for adoption of general regulations in Chapter 115 – Zoning Article II to be consistent with the State Zoning laws. The proposed amendment aligns with the City Charter and Chapter 211 of the Texas Local Government Code. This code amendment was presented to and discussed by the Planning and Zoning Commission on August 19, 2026, for recommendation to the city council for consideration. The commission made a motion to table the item for legal clarification regarding the supermajority vote currently required on negative recommendations by the commission being repealed from the proposed amended language to the code of ordinances. As these changes will amend the comprehensive zoning ordinance, a public hearing was held and the appropriate notices must be published and posted. A redlined version of the proposed changes as well as a clean version that incorporates all revisions is attached for review.

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 7.1/10). Under the Bastiat Liberty Watchdog Index, voting YES on measures that cap or reduce ad valorem tax burdens, expand taxpayer exemptions, retire debt early, enforce competitive bidding caps, or remove regulatory/zoning barriers to private property rights earns a positive Pro-Liberty score.