The purpose of Part III is to establish uniform procedures in
accordance with state law for the initiation of zoning amendments,
the notification process, public hearings, the making of recommendations
by the planning and zoning commission and final action by city council.
Nothing herein shall prevent the commission from calling and conducting
public hearings on proposals by such commission for amendments to
the zoning text or the official zoning district map and making related
recommendations to the city council, nor shall anything herein prevent
the city council from initiating consideration of amendments to the
text of this ordinance or the official zoning district map.
Zoning amendments of any type are not intended to relieve particular
hardships or to confer special privileges or rights on any person
but are intended to provide a legal mechanism to further the public
interest in accordance with a comprehensive planning process that
recognizes that from time to time there may be a need for changes
in zoning to accommodate changed circumstances and conditions that
affect the City of Brenham.
(Sec. 2.01) [Amendments enumerated.]
Types of amendments that may be approved following the procedures
established herein are as follows:
(1) Amendments to the zoning text.
(2) Amendments to the official zoning district map.
(3) Amendments to allow a use by specific use permit
provided that the proposed use is listed as a specific use for the
zoning district in which the property is located.
(Sec. 2.02) Standards applicable to types of
amendments.
Any type of amendment may be granted subject
to the criteria and standards set out below.
(1) Amendments to the written text, the official zoning
district map or a specific use amendment should be consistent with
the purposes, goals, objectives and standards of the comprehensive
plan of the City of Brenham and zoning policies as set out in this
ordinance.
(2) In recommending that a special use permit for the
premises under consideration be granted, the planning and zoning commission
shall determine that such uses are harmonious with and adaptable to
building structures, and uses of abutting property and other property
in the vicinity of the premises under consideration, and shall make
recommendations as to requirements for the paving of streets, alleys
and sidewalks, means of ingress and egress to public streets, provisions
for drainage, adequate off-street parking as conditions of approval
where applicable.
(3) Performance standards and protective screening
and open space as provided in Part II, Division I, Section 11 and
Section 12 of this ordinance are applicable to specific use permits
and shall be imposed as conditions of approval where applicable.
(4) In granting a specific use permit, the city may
impose other such reasonable conditions which shall be complied with
by the owner or grantee before the certificate of occupancy may be
issued by the building inspector for use of building on such property
pursuant to such special use permit; and such conditions shall not
be construed as conditions precedent to the granting of the special
use permit, or the change in zoning of such property, but shall be
construed as conditions precedent to the granting of the certificate
of occupancy.
A public hearing or hearings shall be held by the city council
and the planning and zoning commission before adopting any proposed
amendment.
(Sec. 5.01) Joint hearings.
The
city council may elect to hold a joint public hearing pertaining to
any amendment proposed under the provisions of this ordinance.
(Sec. 5.02) Separate hearings.
In
the event that the city council does not elect to call such a joint
public hearing, then the planning and zoning commission shall hold
a separate public hearing thereon. In either event after consideration
of the citizens heard at the public hearing, the planning and zoning
commission shall prepare a written report and recommendation to the
city council regarding the proposed amendment.
In the event the city council has not held a joint public hearing
prior to receiving the planning and zoning commission's report
and recommendation, then the city council shall in turn hold a public
hearing prior to taking final action to approve or disapprove the
proposed amendment.
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Notice of all public hearings concerning proposed amendments
to the municipal zoning ordinance or map shall be given in accordance
with this section and applicable state law.
(Sec. 6.01) Content.
The public
hearing notice shall set a time and place for the public hearing on
the proposed amendment to the zoning ordinance. A summary statement
of the proposal under consideration and identification of the body
conducting the hearing shall be provided in the public hearing notice.
(Sec. 6.02) Publication of hearing notice:
(1) The planning and zoning commission.
Notice of public hearings before the planning and zoning commission
shall be given by publication in a paper of general circulation in
the City of Brenham, and such hearings shall not occur sooner than
ten (10) days from the date of publication. If the proposed change
involves an amendment to the classification or boundary of a zoning
district, then written notice of all public hearings before the planning
and zoning commission shall be sent to the owners of real property
lying within two hundred (200) feet of the property that is subject
to the proposed change, and such notice shall be given, not less than
ten (10) days before the date set for the hearing, to each owner as
indicated by the most recently approved municipal tax roll. Such notice
may be served by depositing same, properly addressed and postage paid
in the United States mail.
(2) City council.
Notice of public hearings
before the city council shall be given by publication in a paper of
general circulation in the City of Brenham, and such hearings shall
not occur sooner than fifteen (15) days from the date of publication.
(Sec. 7.01) In order to serve further notice to
the public, the following requirements for a sign pertaining to proposed
rezonings and pending board of adjustment action shall be followed:
(1) A sign at least four (4) square feet in front surface
area shall be posted;
(2) Said sign shall provide the telephone number of
the designated office for the City of Brenham; and
(3) Said sign shall be placed on the subject property
in a place that is visible from the most heavily used public street
abutting the property and the sign shall be in place at least ten
(10) days prior to any public hearing on the proposed rezoning or
board of adjustment case for that property.
(Ordinance O-18-003, sec. 1, adopted 2/15/18)