The provisions embraced in this and the following chapters shall
constitute and be designated the "Code of Ordinances, City of Brookshire,
Texas," and may be cited as the "Brookshire Code."
The following definitions and rules of construction shall apply
to this Code and to all ordinances unless the context requires otherwise:
City.
The term "city" means the City of Brookshire, Texas.
City council.
The term "city council" means the city council of the City
of Brookshire, Texas.
Code.
The term "Code" means this Code of Ordinances, City of Brookshire,
Texas.
County.
The term "county" means the County of Waller, Texas.
Computation of time.
In computing any period of time prescribed or allowed by
this Code the day of the act, event or default from which the designated
period of time begins to run shall not be included. The last day of
the period so computed shall be included unless it is a Saturday,
Sunday or legal holiday, in which event the period shall run until
the end of the next day which is neither a Saturday, Sunday nor legal
holiday.
Delegation of authority.
A provision that authorizes or requires a city officer or
city employee to perform an act or make a decision authorizes such
officer or employee to act or make a decision through subordinates.
Gender.
A term importing the masculine gender only shall extend and
be applied to females, firms, partnerships and corporations as well
as to males.
May.
The term "may" is to be construed as being permissive and
not mandatory.
Number.
Terms in the singular include the plural. Terms in the plural
include the singular.
Oath.
A solemn affirmation is the equivalent to an oath and a person
shall be deemed to have sworn if such person makes such an affirmation.
In such cases the terms "swear" and "sworn" shall be equivalent to
the terms "affirm" and "affirmed."
Officers, departments, etc.
Whenever reference is made to officers, departments, boards,
commissions or employees, etc., it means and refers to those of the
City of Brookshire, Texas.
Or, and.
Unless the context clearly indicates the contrary, where
a provision involving two or more items, conditions, provisions or
events are connected by the conjunction "and," "or" or "either …
or," the conjunction shall be interpreted as follows:
(1)
"And" indicates that all the connected terms, conditions, provisions
or events apply.
(2)
"Or" indicates that the connected terms, conditions, provisions
or events apply singly or in any combination.
(3)
"Either … or" indicates that the connected terms, conditions,
provisions or events apply singly, but not in combination.
Owner.
The term "owner," as applied to property, includes any part
owner, joint owner, tenant in common, tenant in partnership, joint
tenant, or tenant by the entirety of the whole or part of such property.
Person.
The term "person" means any human being, any governmental
or political subdivision or public agency, any public or private corporation,
any partnership, any firm, association or other organization, joint
stock company, joint adventure, any receiver, executor, trustee, conservator,
assignee, agent, or other legal representative of any of the foregoing
or any other legal entity.
Personal property.
The term "personal property" means any property other than
real property.
Property.
The term "property" includes real property and personal property.
Real property.
The term "real property" includes lands, tenements and hereditaments.
Shall.
The term "shall" is to be construed as being mandatory.
Sidewalk.
The term "sidewalk" means any portion of a street between
the curb line or lateral line of the roadway and the adjacent property
line intended for pedestrian use.
Signature and subscription by mark.
The terms "signature" and "subscription" include a mark when
the signer or subscriber cannot write. In such situations, such person's
name shall be written near the mark by a witness who writes his own
name near such person's name.
State.
The term "state" means the State of Texas.
Street, highway.
The terms "street" and "highway" mean the width between the
boundary lines of a publicly maintained way, any part of which is
open to the public for vehicular travel.
Tense.
Terms in the past or present tense shall also include the
future.
Vernon's Ann. C.C.P.
The abbreviation "Vernon's Ann. C.C.P." means the latest
edition or supplement to Vernon's Annotated Code of Criminal Procedure.
Vernon's Ann. Civ. St.
The abbreviation "Vernon's Ann. Civ. St." means the latest
edition or supplement to Vernon's Annotated Civil Statutes.
V.T.C.A.
The abbreviation "V.T.C.A." means and refers to the latest
edition or supplement of Vernon's Texas Code Annotated.
Written, in writing.
The terms "written" and "in writing" shall be construed to
include any representation of words, letters or figures, whether by
printing or otherwise.
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the section and are not titles of such sections, or any part of
the section, nor unless expressly so provided shall they be so deemed
when any such section, including the catchline, is amended or reenacted.
The history notes appearing in parenthesis after sections in
this Code have no legal effect but are merely intended to indicate
the legislative history of that section.
All references to chapters or sections are to the chapters or
sections of this Code unless otherwise specified.
Editor's notes, cross references and state law references that
appear in this Code are provided as an aid and guide for the convenience
of the user of the Code and are of no legal effect.
The provisions of this Code, insofar as they are substantially
the same legislation previously adopted by the city relating to the
same subject matter, shall be construed as restatements and continuations
thereof and not as new enactments.
The city council declares that it is its intent to enact this
Code and all provisions adopted by reference in this Code without
invalid or unconstitutional provisions. The sections, subsections,
paragraphs, sentences, clauses and phrases of this Code and all provisions
adopted by reference in this Code are severable so that if any section,
subsection, paragraph, sentence, clause and phrase of this Code, or
of any provision adopted by reference in this Code, is declared unconstitutional
or invalid by judgment of a court of competent jurisdiction, such
judgment shall not affect the validity of any other remaining section,
subsection, paragraph, sentence, clause and phrase of this Code or
of any provision adopted by reference in this Code.
(a) The city
council, upon an affirmative vote of the majority of the city council
members present at a regular meeting, and after review of an exception
application duly filed by an applicant and after a public hearing
about said exception application, may grant an exception to the requirements
of this Code related to the development, redevelopment, or alteration
of any non-residential property, building, street, infrastructure,
or related structure, object, or property.
(b) The exception
application shall set forth in specific detail the grounds or reasons
upon which such an exception is being requested by the applicant.
(c) In granting
an exception application, the city council shall determine that:
(1) The
strict enforcement of the applicable regulations will create a practical
difficulty on the applicant;
(2) The
situation causing the practical difficulty is unique to the applicant
and is not self-imposed;
(3) The
exception will not injure, and will be wholly compatible with, the
use and permitted development of adjacent properties; and
(4) The
granting of the exception will be in harmony with the spirit and purpose
of this Code.
(d) The city
council may require certain terms and conditions to be attached to
the exception, if such exception is granted. Such terms and conditions
shall be noted in the minutes of the city council meeting or be adopted
by a resolution of the city council.
(e) In the
event that an exception application is denied by the city council,
no other exception application of like kind shall be considered or
acted upon by the city council for a period of six months subsequent
to said denial.
(Ordinance 19-667-14, § 1,
adopted 11/7/2019)