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Freeport City Zoning Code

155.800 ADMINISTRATIVE

BODIES

155.801 CITY COUNCIL

See Article 3, The Governing Body, of the City's Home Rule Charter. 

Effective on: 1/10/2022

§ 155.802 PLANNING COMMISSION

See Section 8.03, Planning Commission, of the City's Home Rule Charter.

Effective on: 1/10/2022

§ 155.803 BOARD OF ADJUSTMENTS

  • (A)
    Generally. The City's Board of Adjustments (BOA) shall have membership, qualifications, and terms of office in accordance with and controlled by the provisions of Texas Local Government Code Section 211.008, Board of Adjustment
  • (B)
    Powers and Duties. The BOA shall have the authority to make final decisions on the development review applications denoted in Table 155.1101-1, Summary of Procedures.
  • (C)
    Membership.
    1. (1)
      Number of Members. The BOA shall consist of five permanent members and two alternatives.
    2. (2)
      Appointments. The City Council shall appoint members of the BOA for terms of two years. Terms begin from the date of appointment.
    3. (3)
      Alternative Members. The City Council shall appoint two alternate members of the BOA to temporarily serve in the absence of a permanent member. An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member. The City Council may fill a vacancy among the alternate members in the same manner as a vacancy among the regular members.
    4. (4)
      Vacancies and Removal. The City Council shall fill vacancies in an unexpired term by appointment for the remainder of the term. The City Council may vote to remove a member for good cause at any time in a public meeting.
  • (D)
    Officers and Staff. 
    1. (1)
      Election. The BOA shall elect a Chairperson and Vice-Chairperson at the first meeting of each calendar year. 
    2. (2)
      Officer Duties.  The chair, or in the chair's absence the vice-chair, shall administer oaths, be in charge of all proceedings before the BOA, and take such action necessary to preserve the order and integrity of all proceedings before the BOA. In the absence of both, the Board shall elect a temporary chair to conduct the meeting.
    3. (3)
      Staff. The Administrator shall serve as the professional staff of the BOA and shall appoint a recording secretary to keep minutes to summarize all proceedings, attested to by a majority of the members of the BOA voting. 
    4. (4)
      Recordkeeping. Minutes of the proceedings of the BOA showing the vote of each member and records of its examinations and other official actions shall be filed with the City as a public record.
  • (E)
    Meetings and Procedures.
    1. (1)
      Frequency, Location, Date. and Time. The BOA shall meet once each month unless there are no items for it to decide upon. The Chairperson may call a special meeting following required notice.
    2. (2)
      Absences. Any member of the BOA who misses three consecutive regular meetings without valid reason, as determined by City Council, shall be deemed no longer interested in serving, and the City Council shall appoint a new interim member to fill the vacancy.
    3. (3)
      Rules of Procedure. The BOA may establish its own rules of procedure, provided that such shall not be in conflict with the laws applicable to the BOA or the provisions of this UDO.
  • (F)
    Proceedings of the Board of Adjustment.
    1. (1)
      Rule Adoption. The BOA shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this Chapter.
    2. (2)
      Open to Public. All meetings shall be open to the public.
    3. (3)
      Meeting Minutes. The BOA 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 a public record and be immediately filed with the City.
    4. (4)
      Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Official from whom the appeal is taken certifies to the BOA after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the BOA or by a court of competent jurisdiction, on notice to the Administrator from whom the appeal is taken and on due cause shown.

    • Effective on: 1/10/2022

    § 155.804 ADMINISTRATOR

  • (A)
    Generally. The Administrator is the member of the City Staff or his or her designee who is responsible for the processing of an application the making a recommendation to another review body, and a final decision. 
  • (B)
    Powers and Duties. The Administrator shall have the authority to make recommendations or final decisions on the development review applications denoted in Table 155.1101-1, Summary of Procedures.
  • (C)
    Recommendations. The Administrator shall make a report and recommendations to the appropriate review body with regard to all applications requiring approval from this Chapter.
  • (D)
    Decisions. The Administrator shall:
    1. (1)
      Establish deadlines for how far in advance an initial application must be submitted to be reviewed by either the City Council and/or the Planning Commission;
    2. (2)
      Provide application materials for applicants;  and
    3. (3)
      Submit in writing to an applicant 
      1. (a)
        Specific conditions required as a part of conditional approval for any and all applications; or
      2. (b)
        Specific reasons for denial of an application.

    • Effective on: 1/10/2022