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:
(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.
(Sec. 3.01)
Any person or group of persons desiring
to petition for an amendment to the written text of this zoning ordinance
or the official zoning district map shall be required to file an application
in writing with the zoning administrator, accompanied by a nonrefundable
fee, in an amount established by the city manager, to defray the cost
of notification and processing the application. The application shall
include but not necessarily be limited to the following:
(1)
The applicant or applicants name(s) and address(es):
(2)
A specific description of the amendment to the
zoning text or zoning map that is proposed.
(3)
A statement of the need or justification for said
amendment, including its consistency with the zoning policies and
purposes set forth in the zoning ordinance and/or its consistency
with the City of Brenham's most current comprehensive planning
document or documents.
(4)
In the event that the proposed amendment is to
the official zoning district map:
(a)
The legal description of the property that is to
be reclassified and the proposed boundaries of said property.
(b)
The signed consent of the property owner or owners
whose property is proposed to be reclassified.
(c)
The applicant's interest in the subject property
if the applicant is not a property owner of all or a portion of the
subject property to be reclassified.
(d)
The names and addresses of all property owners
required to be notified in accordance with the Texas Local Government
Code and this ordinance.
(e)
The present zoning classification and existing
uses of the property proposed to be reclassified.
(5)
Such other information or documentation as the
planning and zoning commission or the city council may deem necessary.
(Sec. 4.01)
Any person or group of persons desiring
to petition for an amendment granting a specific use permit shall
be required to file an application in writing with the zoning administrator,
accompanied by a nonrefundable fee, in an amount established by the
city manager, to defray the cost of notification and processing the
application. The application shall include but not necessarily be
limited to the following:
(1)
The applicant or applicants name(s) and address(es):
(2)
The legal description and the address of the property
that is the subject of the proposed specific use permit.
(3)
A detailed description of the specific use permit
that is proposed.
(4)
The zoning district in which the property subject
to a specific use permit is located.
(5)
The signed consent of the owner or owners of the
subject property, if the applicant is not the owner of the property.
(6)
Such other information or documentation as the
planning and zoning commission or the city council may deem necessary.
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.
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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)
(Sec. 8.01)
Rights of all persons.
Any person may appear at a public hearing and submit evidence or
testimony either individually or as an agent for any organization.
(Sec. 8.02)
Continuance of hearing:
(1)
The body conducting the hearing may on its own
motion or the request of any person, continue the hearing to a fixed
date, time and place.
(2)
An applicant shall have the right to request and
be granted one continuance without a statement of grounds or reasons
if such continuance is requested prior to the publication and mailing
of notice to adjoining property owners as provided by the terms and
conditions of this ordinance. However, all subsequent continuances
shall be granted at the discretion of the body conducting the hearing,
upon good cause shown.
(3)
Any person or applicant requesting and being granted
a continuance shall be required to pay all costs and expenses as required
by law.
(4)
The planning and zoning commission or city council
may continue a public hearing to a subsequent meeting if they identify
additional information or testimony that they need pertaining to the
case before them. Said public hearing once properly opened, if continued
to a specific date certain, shall be noticed by posting a proper agenda
at least seventy-two (72) hours prior to the date set for continuance.
(Sec. 9.01)
The body conducting the hearing shall
provide the following:
(1)
The minutes of the hearing and any written protests
or documents submitted by citizens in favor of or against the proposed
amendment, the application, exhibits and papers submitted in any proceeding
before the decision-making body, the report of the city staff and
the decision and report or reports of the decision making body, shall
constitute the record.
(2)
All records of the decision-making bodies shall
be public records, open to inspection at reasonable times and upon
reasonable notice in accordance with the Texas Open Records Act.
(Sec. 10.01)
Joint public hearing procedure is
as follows:
(1)
A joint public hearing may be conducted in accordance
with procedures for public hearings as set out herein.
(2)
Notification requirements shall be as required
for public hearings before the city council as provided above.
(3)
The mayor shall act as presiding officer or in
the event of his or her absence at any joint public hearing, the mayor
pro tem or member of city council designated by a majority of the
members of the city council present, shall preside.
(Sec. 11.01)
Action under protest:
(1)
In the event of a protest against a proposed amendment,
signed by owners of at least twenty (20) percent of the property either
of the area of the lots included in such a proposed change or the
area extending two hundred (200) feet therefrom or in the event that
the planning and zoning commission has recommended against the amendment,
city council shall not amend any provision of this ordinance or approve
a specific use permit except by the favorable vote of three-fourths
of all of the members of the city council.
(2)
In computing the percentage of land area of the
property either of the area of the lots included in such a proposed
change or the area extending two hundred (200) feet therefrom, the
areas of streets and alleys shall be included in the computation of
total land area from which the percent of protesting property owners
is derived.
(Sec. 11.02)
Time of action.
The
city council and the planning and zoning commission shall act expeditiously
in all matters pertaining to applications for zoning and specific
use amendments under the provisions of this ordinance in consideration
of the interests of the citizens of the City of Brenham.
(Sec. 11.03)
Final action by the city council.
The city council may subject to the requirements of this ordinance
and the Texas Local Government Code, upon receipt and acceptance of
the report and recommendation of the planning and zoning commission
and the appropriate public hearing(s), enact ordinances amending this
ordinance, including the official zoning district map. The city council
may if it deems necessary, take no action or refer the proposal to
such other official body as they may deem appropriate for further
study and review.
(Sec. 12.01)
Submission to planning and zoning
commission.
In the event that the planning and zoning
commission has recommended against a proposed amendment, and such
amendment has not been approved by the city council or referred to
another official body for further study and review as required above,
such amendment shall neither be resubmitted nor considered for recommendation
by the planning and zoning commission prior to the expiration of twelve
(12) months from the date of the order or decision by the planning
and zoning commission recommending against such zone change, unless
conditions pertaining to property considered in the original application
and/or property in the area have in the opinion of the planning and
zoning commission changed to such an extent as to justify a subsequent
application prior to the expiration of twelve (12) months from the
date of the original order or decision of the planning and zoning
commission or unless the city council has requested that the planning
and zoning commission reconsider the case.
