A.

The city council may from time to time amend, supplement, or change, by ordinance, the boundaries of the districts or the regulations herein established. Before taking action on any such proposed amendment, supplement, or change, the city council shall submit the same to the planning and zoning commission for its recommendation and report. A public hearing shall be held by the city council before adopting any proposed amendment, supplement, or change, notice of which hearing shall be given by publication one time in the official paper of the City of Benbrook, stating the time and place of such hearing, which time shall not be earlier than fifteen days from the date of publication. If a proposed change to a regulation or boundary is protested in accordance with this section, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the city council. A protest must be written and signed by the owners of at least twenty percent of either (1) the area of the lots or land covered by the proposed change, or (2) the area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred feet from that area. In computing the percentage of land area, the area of streets and alleys shall be included. The affirmative vote of at least three-fourths of all members of the city council is also required to overrule a recommendation of the planning and zoning commission that a proposed change to a regulation or boundary be denied.

B.

Written notice of all public hearings on proposed changes in district boundaries shall be sent to, all owners of property, or to the person rendering the same for city taxes, located within two hundred feet of any such reclassification not less than tendays before such hearing is held. Such notice may be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States Post Office. This shall be the method of notice for all public hearings of the planning and zoning commission and the board of adjustment.

C.

Upon acceptance of any application for a zoning map amendment, conditional use permit, or similar request requiring a public hearing, the applicant shall be responsible for providing, posting, maintaining, and removing on-site notice signs as follows:

1.

Timing.

a.

21-Day Deadline. Required signs must be posted at least twenty-one calendar days prior to the first public hearing.

b.

Signs must be continuously maintained on the property until the applicable governing body's final decision, or the application is withdrawn.

c.

Required signs shall be removed within three calendar days following the applicable governing body's final decision or of the application's withdrawal.

2.

Sign Quantity and Placement.

a.

One sign shall be required for each public street frontage. In addition, for street frontages exceeding one thousand linear feet, one additional sign shall be required for every one thousand feet. All signs shall be placed at approximately equal intervals along the street frontage to ensure even distribution and maximize visibility.

b.

All signs shall be placed within five feet of the property line adjacent to the public right-of-way and oriented generally perpendicular to the street to ensure visibility.

c.

Signs shall not be placed behind fences, landscaping, or any other obstruction that limits its visibility from the public right-of-way.

d.

Signs shall not be placed within public rights-of-way, visibility triangles, or Public Open Space Easements (P.O.S.E.) unless authorized in writing by the city engineer, upon determination that the placement will not obstruct motorist visibility or pose a risk to public health and safety.

e.

For properties without public street frontage, the zoning administrator shall determine the number and placement of signs to maximize visibility.

3.

Sign Dimensions and Design.

a.

Signs shall comply with the minimum size requirements as prescribed by state law.

b.

Signs shall be double-sided and have identical information displayed on both the front and back sides of each sign.

c.

All sign text and graphics shall be professionally designed and printed to ensure legibility from the nearest adjacent public right-of-way upon placement.

d.

Signs shall be weather-resistant and constructed of durable materials suitable for outdoor display. The following materials are prohibited:

i.

Paper;

ii.

Cardboard;

iii.

Fabric or banners;

iv.

Untreated wood; or

v.

Any material likely to become illegible or structurally unsound due to weather exposure.

4.

Height Limit. The top of the sign shall not exceed six feet in height above adjacent street grade.

5.

Applicant Responsibilities.

a.

Prior to sign posting, the applicant shall obtain written approval from city staff regarding sign design and placement.

b.

The applicant shall be responsible for posting and shall submit documentation confirming signs were posting by the 21-day deadline. Documentation may be submitted electronically or delivered in person, prior to the close of business on the day of the 21-day deadline.

c.

If a sign has fallen, been damaged or removed, or is otherwise illegible, it shall be reposted or replaced within seventy-two hours of notification by city staff.

d.

Sign Removal. Within three calendar days following the applicable governing body's final decision or of the application's withdrawal, the applicant shall remove all required notice signs from the subject property.

e.

Contact Information. Applicants must provide accurate and current contact information, including phone number and email, at the time of application. The city will use this information for official signage-related communications. Failure to respond due to outdated contact information does not excuse noncompliance.

6.

City Enforcement.

a.

City staff may inspect properties for compliance. If the sign is improperly posted, or required documentation is not provided:

i.

The zoning case may be postponed to the next available meeting; and

ii.

The applicant may be assessed the public meeting fee, as listed in Section 1.12.090(B) of the Benbrook Municipal Code. No hearing shall be scheduled until the fee is paid, and the payment must be received at least twenty-nine days prior to the applicable public hearing date.

b.

Failure to repost or replace a fallen, removed, damaged or otherwise illegible sign within seventy-two hours of notice, or by the date specified, may result in postponement and assessment of the public meeting fee per Section 1.12.090(B) of the Benbrook Municipal Code. No hearing will be scheduled until the fee is paid at least twenty-nine days prior to the hearing.

7.

Conflict with State Law. In case of direct conflict with state law, state law shall prevail. This section supplements state law or permits additional local requirements.

(Ord. No. 1344, § 1, 10-18-2012; Ord. No. 1513, § 1, 9-4-2025)

A.

The city council shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance, appeals, application for amendments, and other matters pertaining to this title.

B.

Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. No. 1344, § 1, 10-18-2012)

When the city council has denied a proposal with prejudice, or when the applicant has withdrawn his proposal after notice of the planning and zoning commission meeting thereon has been made, no reapplication requesting the same zoning classification shall be accepted by the city or scheduled for hearing by the planning and zoning commission within a period of twelve months of the council's denial with prejudice or the applicant's withdrawal. Provided, however, on receipt of a request stating how conditions have changed substantially within the community since the prior denial with prejudice or withdrawal, the planning and zoning commission may waive the mandatory delay period and authorize the acceptance of a new application.

(Ord. No. 1344, § 1, 10-18-2012)

All applications for building permits shall be accompanied by a drawing or plat, in triplicate, showing the lot plan, the location of the building on the lot, accurate dimensions of the building and lot and such other information as may be necessary to provide for the enforcement of these regulations. This plat shall be prepared after the lot has been staked by a licensed surveyor. A careful record of the original copy of such application and plats shall be kept in the office of the building official and a duplicate copy shall be at the building at all time during construction.

(Ord. No. 1344, § 1, 10-18-2012)

A.

No vacant land shall be occupied or used, except for agricultural purposes, and no building hereafter erected, reconstructed, altered, enlarged, or vacated shall be occupied or used until a certificate of occupancy shall have been issued by the building inspector stating that the building or proposed use of a building or premises complies with the building laws and the provisions of this title.

B.

Certificates of occupancy shall be applied for coincident with the application for building permit, and shall be issued within ten days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of this title and any other ordinance of the city and approval of all required inspections. Approval of the final building inspection by the building inspection department shall serve as a certificate of occupancy for all one family and two family residential dwelling units.

(Ord. No. 1344, § 1, 10-18-2012)

A.

Certificates of occupancy shall be required for all legal non-conforming uses. Application for certificate of occupancy for such non-conforming uses shall be filed within twelve months from the effective date of this title (March 3, 1988), accompanied by affidavits of proof that such non-conforming uses were not established in violation of this title, or any previous zoning ordinance.

B.

Certificate of occupancy shall state that the building or proposed use of a building or land, complies with all building and health laws and ordinances and with the provisions of this ordinance. A record of all certificates shall be kept on file in the office of the building inspector, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. (No fee shall be charged for a certificate of occupancy for a legal non-conforming use.)

(Ord. No. 1344, § 1, 10-18-2012)