Brenham City Zoning Code
PART III
AMENDMENTS TO THE ZONING ORDINANCE
Sec. 1 Purpose
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.
Sec. 2 Types of amendments
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 Application for an amendment to the written text or the official zoning district map
(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 Application for a specific use permit
(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.
Sec. 5 Call of public hearings
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.
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. |
Sec. 6 Public hearings
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 Required signs
(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 Conduct of public hearings
(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 Record
(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 Joint public hearings
(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 Action by city council
(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 Limitation on resubmission of petition
(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.