Bellaire City Zoning Code
ARTICLE IV
PLANNING DOCUMENTS AND OFFICIAL MAP4
Editor's note—Ord. No. 25-036, § 2(Exh. A), adopted May 19, 2025, amended Art. IV in its entirety to read as herein set out. Former Art. IV, §§ 24-401—24-403, pertained to similar subject matter and derived from Ord. No. 02-048, § 2(24-401), adopted Aug. 19, 2002; Ord. No. 80-065, § 1, adopted Sept. 8, 1980; Ord. No. 82-020, § 12, adopted March 29, 1982; Ord. No. 82-021, § 1, adopted March 29, 1982; Ord. No. 83-076, § 2, adopted Oct. 17, 1983; Ord. No. 84-035, § 1, adopted April 16, 1984; Ord. No. 83-095, § 10, adopted Dec. 5, 1983; Ord. No. 86-009, § 1, adopted Feb. 3, 1986; Ord. No. 83-095, § 18, adopted Dec. 5, 1983; Ord. No. 84-041, § 1, adopted May 24, 1984; Ord. No. 85-010, § 2, adopted Jan. 28, 1985; Ord. No. 86-009, § 1, adopted Feb. 3, 1986; Ord. No. 84-005, § 1, Jan. 16, 1984; Ord. No. 85-051, § 1, adopted Aug. 19, 1985; Ord. No. 85-069, § 1, adopted Nov. 11, 1985; Ord. No. 86-031, § 1, adopted April 7, 1986; Ord. No. 88-008, § 1, adopted March 7, 1988; Ord. No. 88-016, § 1, adopted May 9, 1988; Ord. No. 90-016, adopted March 19, 1990; Ord. No. 91-045, § 1, adopted June 17, 1991; Ord. No. 92-048, § 1, adopted June 15, 1992; Ord. No. 00-030, adopted Jan. 5, 2000; and Ord. No. 10-025, § 4(App. B), adopted April 5, 2010.
Sec. 24-401.- Comprehensive Plan.
A.
Authority. The Commission shall annually review the adopted comprehensive plan and prepare a report thereon, recommending to the City Council adoption of amendments to the plan if the Commission deems the same necessary.
B.
Effect. All decisions made by the City implementing the terms of this chapter shall be consistent with the policies adopted in the plan. Any action on any application for amendment to this chapter shall be in accordance with the adopted policies of the plan except where the policy itself is the subject of the proposed change.
C.
Procedures for review and amendment.
(1)
Review of plan. The Commission, with the assistance of the Administrative Official, shall annually review the comprehensive plan and submit a report thereon to the City Council. The Commission shall make reasonable efforts to obtain the views, comments on and criticisms of the plan or proposed amendments thereto from departments, interested organizations, groups, firms and residents of the City. The Commission may incorporate in the report proposed amendments to the plan, if any, which may be submitted by residents at any time and shall set forth its recommendations on each proposal in accordance with the procedure established for reports to the City Council. The Commission shall transmit such report to the City Council no later than October 1st of each year, together with any materials or statements deemed necessary to a full consideration of such report. Such report may include recommendations, majority and minority positions and proposed amendments.
(2)
Receipt of report. The City Council shall formally receive the report from the Commission.
(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)
Sec. 24-402. - Capital Improvement Program.
A.
Authority. Commencing in 1981 and annually thereafter, the City Manager shall prepare and the City Council may adopt or amend a capital improvement program for the City of Bellaire.
B.
Definition. The capital improvement program shall consist of a program of municipal capital improvement projects with their estimated costs, projected over a period of at least five (5) years. Such projects may include any major expenditure for physical municipal facilities, such as costs for acquisition, development and improvement of lands or interests in land; acquisition or construction of buildings, structures, streets and permanent installations, including additions or major repairs or alterations; acquisition and construction of utility lines; acquisition, construction or installation of permanent public improvements; acquisition of equipment; major landscaping installations; and similar expenditures.
C.
Purpose. The capital improvement program shall serve as a means for systematically reviewing proposed capital projects to ensure coordination of expenditures and development. The program shall tie together the timing, location and financing of proposed capital projects, shall encourage the development of such projects in scheduled stages, and shall provide the public with an understanding of future needs and development activities to be undertaken by the City of Bellaire.
D.
Procedures for adoption and amendment.
(1)
Development of program. The City Manager shall propose the capital improvement program and shall refer it to the Commission for review and comment on the consistency of the program with the adopted comprehensive plan.
(2)
Adoption of program. Within thirty (30) days of receipt of the capital improvement program from the City Manager, the Commission shall transmit its comments and recommendations to the City Council in the form provided for reports and recommendations from the Planning and Zoning Commission. The City Council may adopt the capital improvement program, as recommended by the City Manager, with or without modifications.
(3)
Amendment of program. The capital improvement program, or any part thereof, may be amended at any time in the same manner as herein provided for its original development and adoption, subject only to the limitations imposed by law. The City Council may amend or adopt a capital improvement program at any time in accordance with law, without action of any individual board or commission.
(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)
Sec. 24-403. - Official Zoning District Map.
A.
Map status. The Official Zoning District Map described in this section, a reduced copy of which is attached to this chapter, is hereby designated and established as a part of this chapter; and the originals thereof which are on file at City Hall, City of Bellaire and bear the signatures of the City Clerk and the Mayor, shall be as much a part of this chapter as if the information contained therein was set out in full in this chapter.
B.
Procedures.
(1)
Adoption and amendment to the Official Zoning District Map shall be in accordance with the provisions of this chapter.
(2)
Two (2) copies of the map shall be filed with the City Clerk, one (1) of which shall be prominently displayed and available for public inspection. Any amendments to the map shall be considered amendments to this chapter; and as soon as the same are properly enacted, the two (2) maps in the office of the City Clerk should be properly changed.
(3)
One (1) copy shall be filed with the Building Official and the Administrative Official and shall be maintained up-to-date by posting thereon all amendments, to be readily accessible for the purposes of issuing building permits, certificates of occupancy and certificates of compliance, and for enforcing the provisions of this chapter.
(4)
One (1) copy shall be maintained in the records of the Planning and Zoning Commission for reference purposes and shall be maintained up-to-date by posting thereon all changes and subsequent amendments.
C.
District boundaries. In the event that any uncertainty exists with respect to the intended boundaries of the various districts as shown on the Official Zoning District Map, the following rules shall apply:
(1)
The district boundaries are the centerlines of the streets, alleys, waterways and rights-of-way, unless otherwise indicated. Where designation of a boundary line on the Zoning District Map coincides with the location of a street, alley, waterway or right-of-way, the centerline of such street, alley, waterway or right-of-way shall be construed to be the boundary of such district.
(2)
Where the district boundaries do not coincide with the location of streets, alleys, waterways and rights-of-way but do coincide with lot lines, such lot lines shall be construed to be the boundaries of such district.
(3)
Where the district boundaries do not coincide with the location of streets, alleys, waterways and rights-of-way or lot lines, the district boundary shall be determined by the use of the scale shown on the Zoning District Map.
(4)
Boundaries indicated as approximately following City limits shall be construed as following City limits.
(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)