The purpose of this article is to provide appropriate and uniform procedures for the conduct of public hearings and adoption of amendments by the City Council as well as for the conduct of public hearings and making of recommendations by the Planning and Zoning Commission.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

This article provides a procedure for amendment to the written text of this chapter or the Official Zoning District Map, the creation and approval of planned development districts and the approval of specific use permits as amendments to this chapter.

Amendments are not intended to relieve particular hardships or to confer special privileges or rights on any person but to amend this chapter in light of changed circumstances and conditions. In determining whether to grant a requested amendment, the City Council and the Planning and Zoning Commission shall consider the consistency of the proposed amendment with the provisions of the comprehensive plan set forth in Section 24-104 of this chapter.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

Any person desiring to petition for an amendment to the written text of this chapter or to the Official Zoning District Map shall be required to file an application in writing with the Administrative Official, accompanied by a nonrefundable application fee, in an amount established by the City Manager, to defray the actual cost of processing the application. The application shall include the following information:

A.

The applicant's name and address;

B.

The precise wording of any proposed amendment to the written text of this chapter and a statement of the present provisions and section or sections of this chapter sought to be amended, or in the event the proposal concerns a change in the Official Zoning District Map, then a clear delineation of the area set out on the map sought to be rezoned;

C.

A statement of the need and justification for the proposed amendment;

D.

A statement as to the conformity of the proposed amendment to the comprehensive plan set forth in Section 24-104 of this chapter or the reason for any deviation from such plan and the precise wording of any proposed change in the plan to bring the plan into conformity with the proposed amendment;

E.

In the event that the proposed amendment would change the Official Zoning District Map and the zoning classification of any property:

(1)

The street address and legal description of the property proposed to be reclassified;

(2)

The applicant's interest in the subject property;

(3)

The owner's name and address, if different than the applicant's, and the owner's signed consent to the filing of the application or the signatures of seventy-five (75) percent of the owners of the parcels to be affected;

(4)

The names and addresses of all owners of property required to be notified under this article;

(5)

The present zoning classification and existing uses of the property proposed to be reclassified; and

(6)

The area of the property proposed to be reclassified, stated in square feet or acres, or fraction thereof; and

F.

Such other information or documentation as the Administrative Official, the Planning and Zoning Commission or the City Council may from time to time designate or which may be deemed necessary and appropriate to a full and proper consideration and disposition of the particular application.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

Any person desiring to petition for a planned development amendment to this chapter shall be required to file an application in writing with the Administrative Official, accompanied by a nonrefundable application fee, in an amount established by the City Council or the City Manager, to defray the actual cost of processing the application. The application shall include the following information:

A.

The name and address of the applicant; and in the event that the applicant is a partnership, the full name and address of the general partner, and in the event that the applicant is a corporation, the full names and addresses of all officers, a statement as to the State of incorporation, the name and address of the registered agent and the address of the registered office of the corporation;

B.

A legal description and street address of the property which is the subject of the application;

C.

A statement of ownership accompanied by a certificate from a title insurance company certifying ownership;

D.

A written description of the proposed development and associated land use(s), including specific description of any applicable parameter(s) in the City's development regulations from which the applicant proposes variation;

E.

A site plan in accordance with Section 24-524;

F.

The names and addresses of all owners of property required to be notified under this article; and

G.

Such other information or documentation as the Administrative Official, the Planning and Zoning Commission or the City Council may from time to time designate or which may be deemed necessary and appropriate to a full and proper consideration and disposition of the particular application.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

Any person desiring to petition for a specific use permit to this chapter shall be required to file an application in writing with the Administrative Official, accompanied by a nonrefundable application fee, in an amount established by the City Council or the City Manager, to defray the actual cost of processing the application. The application shall include the following information:

A.

The name and address of the applicant; and in the event that the applicant is a partnership, the full name and address of the general partner, and a statement as to the State of the organization/formation, if applicable, and in the event that the applicant is a corporation, the full names and addresses of all officers, a statement as to the State of incorporation, the name and address of the registered agent and the address of the registered office of the corporation;

B.

The section or sections of this chapter authorizing a specific use permit;

C.

A legal description, street address, and zoning district of the property which is the subject of the application;

D.

A statement of ownership accompanied by a certificate from a title insurance company certifying ownership;

E.

A written description of the proposed specific use as provided for in this Code;

F.

A survey of the property in question;

G.

A scaled site plan of the property showing the general arrangement of the project, together with essential requirements, including, but not limited to, off-street parking; size, height, construction materials, and locations of the building and use to be permitted; location of proposed signage, means of ingress and egress to public streets; the type of visual screening that is being proposed, such as walls, plantings, and fences; and any foreseen negative impacts of the intended use to all existing properties and land uses in all directions to a minimum distance of two hundred (200) feet;

H.

A landscape plan in accordance with Section 24-513 of the City's Code of Ordinances. This requirement may be waived by the Administrative Official, based on information provided in the application;

I.

A traffic impact analysis or trip generation report. See Table 24-605.A to determine which is required. This requirement may be waived by the Administrative Official, based on the information provided in the application;

J.

A written environmental assessment statement describing in general terms the impact of the development for which approval is sought and providing any specific information that the Administrative Official shall deem necessary;

K.

The names and addresses of all owners of property required to be notified under this article; and

L.

Such other information or documentation as the Administrative Official, the Planning and Zoning Commission or the City Council may from time to time designate or which may be deemed necessary and appropriate to a full and proper consideration and disposition of the particular application.

Table 24-605.A

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

Nothing herein shall prevent the Planning and Zoning Commission from calling and conducting public hearings on proposals by such Commission for amendments to the text of this chapter or the Official Zoning District Map and making recommendations thereon nor shall anything herein prevent the City Council from initiating consideration of amendments to the text of this chapter or the Official Zoning District Map.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A.

When any amendment is proposed pursuant to the provisions of this chapter, the City Council may, at its discretion and by ordinance, call a joint public hearing to be held before the City Council and the Planning and Zoning Commission. The City Council shall receive the Commission's final report and recommendation before considering any amendment.

B.

In the event the City Council shall not elect to call a joint public hearing on such proposed amendment:

(1)

The Planning and Zoning Commission Chair or the City Manager shall then call a public hearing before the Planning and Zoning Commission and such public hearing shall be held prior to the Planning and Zoning Commission making its report and recommendation to the City Council.

(2)

Upon receipt of the report and recommendation of the Planning and Zoning Commission by the City Clerk, and upon request by any applicant, the City Manager shall then call a public hearing before the City Council and such public hearing shall be held prior to the City Council considering such amendment.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

Upon formal action by the Planning and Zoning Commission or ordinance duly enacted by the City Council, notice of all public hearings concerning proposed amendments shall be given in accordance with this article.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

Every required notice shall include the date, time and place of the hearing, statement of the proposal under consideration or the text of the proposal to be considered and identification of the body conducting the hearing.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A.

For public hearings before the Commission, notice of such public hearings shall be given by publication in the official newspaper of the City of Bellaire, and such hearings shall not occur earlier than ten (10) days from the date of the publication. When the matter under consideration by the Commission involves an amendment or change in the classification or boundary of a zoning district, written notice of public hearing before the Commission on the proposed amendment or change shall be sent to all owners of real property lying within five hundred (500) feet of the property upon which the change is requested, including streets and alleys, and the owners of such additional property as may be designated by the commission. Such notice shall be given not less than ten (10) days before the date set for the hearing by depositing such notice in the mail, properly addressed and postage prepaid, to each taxpayer as the ownership appears on the last approved tax roll.

B.

For public hearings before the City Council, notice of such public hearings shall be given by publication in the official newspaper of the City of Bellaire, and such hearings shall not occur earlier than fifteen (15) days from the date of the publication. When the matter under consideration by the City Council involves an amendment or change in the classification or boundary of a zoning district, written notice of public hearing before the City Council on the proposed amendment or change shall be sent to all owners of real property lying within five hundred (500) feet of the property upon which the change is requested, including streets and alleys, and the owners of such additional property as may be designated by the City Council. Such notice shall be given not less than fifteen (15) days before the date set for the hearing by depositing such notice in the mail, properly addressed and postage prepaid, to each taxpayer as the ownership appears on the last approved tax roll.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A.

Sign Requirements. For public hearings before the Planning and Zoning Commission or the City Council in regard to a request for a specific use permit, a planned development amendment, or an amendment to the Official Zoning Map, a sign or signs shall be posted on the subject property, a minimum of fifteen (15) days prior to such hearing that meets the following requirements:

(1)

Minimum sign size: four (4) feet by eight (8) feet;

(2)

Sign location: not more than fifteen (15) feet from each street abutting the property. One (1) notification sign is required facing each street adjacent to the site.

(3)

Sign lettering: must be legible from the street;

(4)

The site address and the case number assigned to the request by the City must appear on the sign;

(5)

The purpose of the public hearing must be identified. If a rezoning has been requested, then the current and proposed zoning districts must be listed;

(6)

The date, time, and place of the public hearing shall appear on the sign; and

(7)

It shall be the duty and responsibility of the applicant to procure the sign and to cause the same to be properly maintained as required.

B.

Affidavit of posting. The applicant shall file with the Administrative Official, an affidavit of posting, which affidavit shall be made under oath and shall specify that a sign, meeting the requirements of this section, has been posted at or before the time required.

(1)

The affidavit of posting shall be on a form provided by the Administrative Official and include photos of the sign or signs as attachments to the form;

(2)

The filing of such affidavit of posting shall be sufficient proof of compliance with this section and no one may complain of the validity of any amendment or permit because such sign has been prematurely removed or is alleged not to have been posted; and

(3)

The filing of an affidavit of posting with the Administrative Official shall be prima facie evidence and conclusive for all purposes of compliance with this section.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A.

Rights of all persons. Any person may appear at a public hearing and submit evidence either individually or as a representative of any organization. Each person who appears at a public hearing shall identify himself, his address and state the name and mailing address of any organization he represents. The body conducting the hearing may exclude evidence that it finds to be irrelevant, immaterial or unduly repetitious.

B.

Due order of proceedings. Any person shall have the right to appear and present evidence or testimony which is relevant and material to the matter under consideration. Any person may, in addition, ask relevant questions of other persons appearing as witnesses, but shall do so only through the presiding officer; and the presiding officer may, as he shall deem fit, address such questions to the witnesses.

C.

Opinions. Any person, in addition to giving evidence in the form of oral testimony or documentation, shall have the right at a public hearing to express opinions and give other information, so long as the same is relevant, material and not unduly repetitious.

D.

Continuance of hearing. 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. An applicant shall have the right to request and be granted one (1) continuance without statement of grounds or reasons therefor. However, all subsequent continuances shall be granted at the discretion of the body conducting the hearing, upon good cause shown. Any person requesting and being granted a continuance shall be required to pay all costs and expenses as required by law. All adjourned and recessed public hearings shall only commence upon the giving of all notices which would have been required were it the initial call of the public hearing.

E.

Other rules to govern. Other matters pertaining to the public hearing shall be governed by other provisions of this chapter applicable to the body conducting the hearing and its adopted rules of procedure, so long as the same are not in conflict with this Code.

F.

Record.

(1)

The body conducting the hearing shall record the proceedings by any suitable and available process, which shall be duplicated by any appropriate means at the request of any person upon application to the City Clerk and payment of a fee to cover the cost of transcription, or the audio record (tape) may be duplicated.

(2)

The transcript of oral proceedings, including testimony and statements of personal opinions, the minutes of the secretary, all applications, exhibits and papers submitted in any proceeding before the decision-making body, the report of the Administrative Official or other member of the City staff and the decision and report or reports of the decision-making body, shall constitute the record.

(3)

All records of the decision-making bodies shall be public records, open to inspection at reasonable times and upon reasonable notice in accordance with Public Information Act, V.T.C.A., Government Code § 552.001 et seq.

G.

Joint hearing procedure. A joint public hearing shall be conducted in accordance with procedures for public hearings as set out herein. The Mayor shall act as presiding officer at any joint public hearing, or in the event of the absence of the Mayor, the Mayor Pro Tem or member of City Council designated by a majority of the members of the City Council present, shall preside.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

All decision-making bodies shall act expeditiously and promptly to conclude their deliberations and take final action on the matter before them. Such actions should be taken as promptly as possible in consideration of the interest of the citizens of the City of Bellaire.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The Planning and Zoning Commission shall render written reports and recommendations to the City Council, which shall include at least the following elements:

A.

A clear statement of specific findings;

B.

A summary of the information presented before the Commission by interested citizens appearing before the Commission and making presentations. The report should state the approximate total number of citizens appearing and shall provide a brief summary of the differing opinions presented by such persons;

C.

Copies of all documentary evidence provided to the Commission or which the Commission considered in making its report; and

D.

Identification of the members of the Commission voting for the majority position and identification of the members of the Commission voting against the majority position, with a brief statement explaining the reasons for the determinations made.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A planned development amendment or a specific use permit may be granted and may be allowed to continue if it meets the following criteria and standards and is otherwise in accord with this Code.

A.

The proposed planned development amendment or specific use permit is consistent with the purposes, goals, objectives and standards of the comprehensive plan of the City of Bellaire;

B.

The design of the proposed development, considered as a part of the planned development amendment or specific use permit, minimizes adverse effects, including visual impacts of the proposed use on adjacent properties;

C.

The proposed development will not have an adverse effect on the value of the adjacent property;

D.

The proposed development will not unduly burden essential public facilities and services, including streets, police and fire protection, sanitary sewers, storm sewers, solid waste disposal and schools; and

E.

The applicant for the development has adequate financial and technical capacity to complete the development as proposed and has met all requirements of this Code, including such conditions as have been imposed as a part of a planned development amendment or specific use permit.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The City Council may enact such amendments to this chapter under the conditions as herein provided and subject to the procedure as provided herein upon finding of such changed circumstances or conditions necessitating such amendment. No amendment to this chapter, other than procedural amendments, shall be adopted unless specific findings of fact shall be made reasonably concluding that a change in circumstance or condition exists. In all such amendments, a finding shall be made that the proposed amendment is in compliance with the comprehensive plan of the City of Bellaire as set out in this chapter, or if not in compliance, what new facts or circumstances necessitate a change in the comprehensive plan.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The City Council may, subject to the requirements and conditions herein set out, upon receipt and acceptance of the report and recommendation of the Planning and Zoning Commission and appropriate public hearing(s), enact ordinances amending this chapter or the Official Zoning District Map as its decision-making determination in accordance with the provisions of this chapter. In the case of a planned development amendment or a specific use amendment, the City Council may approve the site plan within such parameters subject to such conditions, safeguards and restrictions as the City Council may deem appropriate and necessary.

In the event of a written protest against such change, signed by the owners of twenty (20) percent or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths (¾) of all of the members of the City Council. In computing the percentage of land area, the area of streets and alleys shall be included in the computation.

The City Council may, if it deems necessary, refer the proposal to such other official, board or commission for further study and review, or take no action.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A.

Planning and Zoning Commission. The Administrative Official shall mail to any interested applicants, by certified mail, return receipt requested, a letter setting out the decision of the Planning and Zoning Commission.

B.

City Council. In the case of the final adoption of an ordinance, the City Clerk shall mail to any interested applicants, a certified copy of the ordinance duly enacted; and if no ordinance is enacted, the City Clerk shall mail to such interested applicants, by certified mail, return receipt requested, a letter setting out the decision of the City Council.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

The applicant shall file with the Building Official a final site plan in conjunction with its request for a building permit. The final site plan shall show compliance with the parameters and conditions established by the City Council and the planned development amendment ordinance. In the event the planned development amendment contemplates a development consisting of more than one (1) building, the applicant shall only be required to file a final site plan for the site upon which the buildings sought to be constructed is located.

The Building Official shall issue a building permit if the final site plan is in accord with the provisions of this chapter and the planned development amendment and if all other conditions of this Code and administrative orders of the Building Official have been complied with.

A.

Timing. All improvements reflected on an approved site plan shall be constructed at the time of development, unless clearly specified in the planned development application and on the associated site plan as part of a future phase in a phased development plan.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

Whenever any application for an amendment or change in the Official Zoning District Map is denied after public hearing, a second application for amendment or change in the Official Zoning District Map, being substantially the same as the first application, from the same applicant and involving the same property, shall not be considered within two (2) years from the date of denial. The body charged with conducting the public hearing immediately prior to such denial shall resolve any question concerning the similarity of a second application.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)