Brenham City Zoning Code
PART V
DECISION MAKING AND STAFF SUPPORT
Sec. 1 The city council
(Sec. 1.01)
Purpose.
This section is for the purpose of promulgating the authority of the city council with respect to land use planning and zoning within the City of Brenham as said authority is granted to the city council by the State of Texas, the city charter, the zoning ordinance and other applicable ordinances of the city.
(Sec. 1.02)
Authority.
The city council shall have the authority as set forth herein including, but not limited to, the following:
(1)
To finally adopt the revised zoning ordinance including amendments to the zoning ordinance text and map upon the completion of proceedings required by state law that include the calling and conducting of public hearings and upon receiving recommendations from the planning and zoning commission.
(2)
To initiate on behalf of the city, any amendment to the zoning ordinance text or map.
(3)
To appoint members of the planning and zoning commission and the board of adjustment as provided herein.
(4)
To remove for cause any member of the planning and zoning commission and the board of adjustment after hearing according to state law and to replace any member of said bodies when a vacancy occurs.
(5)
To refer to the planning and zoning commission for said commission's review and recommendation such matters as they deem appropriate in relation to the future growth and development of the city.
Sec. 2 The planning and zoning commission
(Sec. 2.01)
Creation and purpose.
The planning and zoning commission is hereby established within the City of Brenham, Texas. In accordance with the Texas Local Development Code, its purpose is to fulfill those planning and zoning responsibilities delegated to it by the city council.
(Sec. 2.02)
Creation and purpose.
The planning and zoning commission is hereby established within the City of Brenham, Texas. In accordance with the Texas Local Development Code, its purpose is to fulfill those planning and zoning responsibilities delegated to it by the city council.
(1)
To establish an ongoing planning process whereby the planning and zoning commission shall make reasonable efforts to obtain citizen input in a process of identifying community needs, opportunities and goals as circumstances change over time.
(2)
To undertake an annual review of the comprehensive plan and the zoning ordinance and no less than every five (5) years develop a written report and recommendation thereon, which shall be filed with the city council.
(3)
To approve or disapprove land subdivision plats or replats and to vacate plats or replats in accordance with the subdivision ordinance and other applicable ordinances of the City of Brenham and the laws of the State of Texas.
(4)
To hold public hearings and make recommendations to the city council relating to creation, amendment and implementation of zoning regulations, use classifications and districts, all as provided in the laws of the State of Texas and the ordinances of the city.
(5)
To recommend to the city council such plans, programs and policies related to future growth and development of the city as the planning and zoning commission deems appropriate.
(6)
To perform such other duties and responsibilities as may be referred to the planning and zoning commission by the city council.
(Sec. 2.03)
Membership and appointment.
The planning and zoning commission shall consist of seven (7) members which shall be appointed by and shall serve at the pleasure of the city council. The commission shall be composed of members who are resident citizens of the city. A member of the commission shall not serve on the Board of Adjustments during the same term.
Members of the planning and zoning commission may be removed from office at any time by a simple majority vote of the full city council either upon its own motion or upon recommendation of the commission. Failure to attend three consecutive scheduled meetings shall be deemed as neglect and cause for removal from office, unless such absences were due to unusual circumstances beyond the member's control, such as sickness of the member or someone within the member's immediate family, or if the commission or the city council approves the absences as excused. A vote to remove a commission member shall be placed on the appropriate agenda as a regular item, and shall be voted upon accordingly.
(Sec. 2.04)
Terms of office.
There shall be seven (7) members of the planning and zoning commission as appointed by the city council for three year terms with one-third to be appointed each year on a continuing basis. Members of the planning and zoning commission may be appointed to succeed themselves.
(Sec. 2.05)
Vacancies.
Vacancies on the planning and zoning commission shall be filled within thirty (30) days by the city council for the remainder of the unexpired term.
(Sec. 2.06)
Organization.
The planning and zoning commission shall hold its organizational meeting no later than fifteen (15) days from the beginning of the new terms of office each year. At said meeting there shall be elected a chairman and vice chairman from the membership. A secretary and such other officers as are deemed necessary may be appointed from the planning and zoning commission's membership. Members of the planning and zoning commission shall serve without compensation.
(Sec. 2.07)
Proceedings.
The planning and zoning commission shall govern its proceedings as follows:
(1)
The planning and zoning commission shall establish rules of procedures that are not in conflict with the Texas Local Government Code or this ordinance. Such rules of procedure shall be placed in writing and approved by the city attorney prior to final adoption by the planning and zoning commission.
(2)
Meetings of the planning and zoning commission shall be held monthly, and special meetings may be held at the call of the chairman, vice chairman or three members of the planning and zoning commission.
(3)
A majority of the members of the planning and zoning commission shall constitute a quorum for the transaction of business.
(4)
Conflict of interest. No member of the planning and zoning commission shall vote or participate in any proceeding before the planning and zoning commission which involves any matter or property in which he or she has a personal or pecuniary interest. In the event any such possible conflict should ensue, the affected member shall disclose the facts surrounding the potential conflict and remove himself or herself from any participation in the planning and zoning commission's consideration of the matter.
(Ordinance O-18-004, sec. 1, adopted 2/15/18)
Sec. 3 Board of adjustment
(Sec. 3.01)
Creation and purpose.
The planning and zoning commission is hereby established within the City of Brenham, Texas. In accordance with the Texas Local Development Code, its purpose is to fulfill those planning and zoning responsibilities delegated to it by the city council.
(Sec. 3.02)
Powers and duties.
The planning and zoning commission is hereby charged with the duties and responsibilities as set forth herein including, but not necessarily limited to, the following:
(1)
Subpoena of witnesses, etc.
The board shall have the power to subpoena, witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.
(2)
Appeals based on error.
The board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the zoning administrator in the enforcement of the Texas Local Government Code Annotated, Chapter 211, or of this ordinance including appeals alleging error in the zoning administrator's interpretation of the classification of any use not specifically named in this ordinance.
(3)
Special exceptions.
The board shall have the power to hear and decide special exceptions as provided in Part IV of this ordinance.
(4)
Variances.
The board shall have the power to authorize upon appeal in specific cases such variance from the terms of this ordinance as provided in Part IV of said ordinance.
(5)
Changes.
The board shall have no authority to change any provisions of this ordinance and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. The board may not change the district designation of any land either to a more restrictive or less restrictive zone, and shall not grant a variance to allow a use that is prohibited in the zoning district in which a subject property is located.
(Sec. 3.03)
Membership, appointment and terms of office:
(1)
Membership.
a.
The board shall consist of five (5) regular members, who shall be appointed by a simple majority vote of the city council, and shall operate in accordance with V.T.C.A., Local Government Code secs. 211.008 through 211.011. A member of the board shall not serve of the Planning and Zoning Commission during the same term.
b.
The city council shall provide for the appointment of up to four (4) alternate members to serve in the absence of one or more of the regular board members on an alternating basis such that all alternate members have equal opportunities to serve on the board. The planning director shall determine which alternate will serve if an alternate is needed.
c.
Regular board members and alternate members shall serve for a term of two (2) years, and expiration of terms shall be staggered so that an overlapping of terms occurs (e.g., in any two-year period, the terms of two (2) regular members and at least one (1) alternate member shall expire during one (1) of those years, and the terms of three (3) regular members and at least one (1) alternate member shall expire during the second year).
d.
Any vacancies on the board (both regular and alternate members) shall be filled for the unexpired terms via appointment by a simple majority vote of the city council for the remainder of the terms.
e.
Members of the board may be removed from office for cause, and after a public hearing, by a simple majority vote of the full city council. Failure to attend three (3) consecutive scheduled meetings shall be deemed as neglect and cause for removal from office, unless such absences were due to unusual circumstances beyond the member's control such as sickness of the member or someone within the member's immediate family. Absences may be excused by the board or by the city council.
(Sec. 3.04)
Selection of officers:
(1)
At the first meeting after the appointment of members of the board for a new term, the members of the board shall elect one of their members as the chairman and one of their members as the vice-chairman.
(2)
In the absence of the chairman, the vice-chairman shall act as chairman and shall have all powers of the chairman.
(3)
The members of the board may select an additional person to preside over meetings in the absence of the chairman and the vice-chairman.
(Sec. 3.05)
Quorum and necessary vote.
Quorum: All meetings shall consist of at least four (4) members. The concurring vote of at least four (4) members shall be necessary for the board to take action, save and except to consider and pass a motion of adjournment which shall require the concurring vote of a simple majority of the members of the board then present and voting.
(Sec. 3.06)
Meetings.
Meetings of the board shall be held at the call of the chairman and at such times as the board may determine. All meetings of the board shall be open to the public in accordance with the provisions, limitations and exceptions of the Texas Open Meetings Law, Article 6252-17, V.A.T.C.S.
(Sec. 3.07)
Rules and regulations.
The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. The board of adjustment shall act by resolution in which four (4) members must concur. The board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of the ordinance, and shall furnish a copy of the same to the building inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.
(Sec. 3.08)
Authority of board:
(1)
In exercising its authority under the ordinance, the board may reverse or affirm, in whole or in part, or modify an administrative official's order, requirement, decision or determination, and for that purpose the board has the same authority as the administrative official.
(2)
The concurring vote of four (4) members is necessary to:
(a)
Reverse an order, requirement, decision, or determination of an administrative official;
(b)
Decide in favor of an applicant on a matter on which the board is required to pass under the ordinance; or
(c)
Authorize a variation from the terms of the ordinance, save and except to consider and pass a motion of adjournment which shall require the concurring vote of a simple majority of the members of the board then present and voting.
(Sec. 3.09)
Appeals:
(1)
Procedure.
Appeals may be taken to and before the board of adjustment by any person aggrieved, or by any officer, department, board or bureau of the city. Such appeal shall be made by filing with the office of the board a notice of appeal and specifying the grounds thereof. The office or department from which the appeals taken shall forthwith transmit to the board of adjustment all of the papers constituting the record upon which the action appealed' from was taken.
(2)
Stay of proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the board of adjustment that by reason of facts in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board.
(3)
Notice of hearings.
The board shall fix a reasonable time for the hearing of an appeal or other matter referred to it, and at least ten (10) days prior to the date set for the hearing, shall mail notices of such hearing to the petitioner and to the owners of property lying within two hundred (200) feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons being determined according to the current tax rolls of the city and depositing of such written notice in the mail shall be deemed sufficient compliance therewith.
(4)
Decision by board.
The board shall decide appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board may reverse or affirm, wholly or partly or modify the order, requirements, decisions, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
(Sec. 3.10)
Successive applications.
No application for a variance, special exception or appeal which has been denied shall be again filed earlier than one (1) year from the date that said application was denied.
(Sec. 3.11)
Appeals from the board of adjustment.
In accordance with the Texas Local Government Code, any person or persons jointly or severally aggrieved by any decision of the board of adjustment may appeal the decision of the board to a court of competent jurisdiction as prescribed by the Texas Local Government Code.
(Ordinance adopted 1/23/97; Ordinance O-16-022 adopted 9/15/16; Ordinance O-18-004, sec. 2, adopted 2/15/18)
Sec. 4 Staff for the planning and zoning commission and the board of adjustment.
(Sec. 4.01)
Zoning administrator.
The city manager shall appoint a zoning administrator who shall serve at the pleasure of the city manager of the City of Brenham, whose duties and responsibilities shall include but not necessarily be limited to the following:
(1)
Receive, review and administratively process all applications for amendments to the zoning code, including specific use permits, and variances and special exceptions under the provisions of this ordinance, that may from time to time be submitted to the city in accordance with the Texas Local Government Code and this ordinance.
(2)
Serve as staff support to the planning and zoning commission and the board of adjustment and inform said bodies of all facts and information at his or her disposal with respect to development proposals or any other matters brought before such bodies.
(3)
Appear on behalf of the City of Brenham at all public hearings be they before the board of adjustment or the planning and zoning commission and present facts and information as requested by the chairmen of said bodies.
(4)
Establish administrative procedures and maintain all records of the planning and zoning commission and the board of adjustment.
(5)
Assist the city secretary in maintaining the official zoning district map and maintain copies of all maps and plans that provide documentation for planning and zoning or that are otherwise required by this ordinance.