Fulshear City Zoning Code

ARTICLE VI

ADMINISTRATIVE BODIES

§ 28-6-1 Purpose.

The purpose of this article is to set out the development review bodies that are responsible for the administration of this CDO. This article describes the roles and responsibilities and general rules of procedure of the City Council, Planning and Zoning Commission, Zoning Board of Adjustment, Development Review Committee, and City Staff. The City decision-making bodies and described in this section, without limitation upon the authority each possesses by law, have responsibility for implementing and administering this CDO in the manner described in this section.

(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2024-1468 adopted 10/15/2024)

§ 28-6-2 Applicability.

City council.

The provisions of section 28-6-3, city council, are intended to establish the city council's role with respect to decisions about individual properties pursuant to this CDO. No part of this CDO restricts or limits any other powers that are granted to the city council by federal law, state statute, or the City's Code of Ordinances.

Other administrative bodies.

The provisions of this article that relate to other bodies are representative of the authority that the city council has delegated to them with respect to application and enforcement of this CDO.

No implied limitation.

The provisions of this article shall not be a limitation regarding the conduct of boards, councils, and commissions where additional responsibilities or authority are set out elsewhere in this CDO, the code of ordinances, or through policies adopted by the city council, or by a board, council, or commission as approved by the city council.

(Ord. No. 2020-1331, 9-15-2020)

§ 28-6-3 City council.

Establishment of authority.

For the establishment of city council as the governing authority, cross-reference the City Charter part I article III and Code of Ordinances chapter 2 article II.

City council actions.

City council shall have the authority to grant final plat approvals as outlined in section 28-7-36, final plats.

(Ord. No. 2020-1331, 9-15-2020)

§ 28-6-4 Planning and zoning commission.

Establishment of authority.

For the establishment of planning and zoning commission (P&Z), cross reference:

Ordinance No. 2016-1216, Home-Rule Charter approval, section 4.10 planning and zoning commission; and

Chapter 2 article III, division 2, planning and zoning commission of the City's Code of Ordinances.

Planning commission actions.

For the purposes of this CDO, the P&Z shall exercise the following powers and be required to:

Review and recommend to the city council changes in zoning;

The authority to grant preliminary plat approvals as outlined in section 28-7-37, preliminary plats.

Review and make a recommendation of approval or disapproval to the city council for final plats in accordance with section 28-7-36, final plats;

Perform all functions designated as either "final decision" or "recommendation" as provided in table 28-7-3, table of permits and approvals; and

Perform such other functions and duties as authorized in this CDO and as may be duly delegated to them by the city council.

(Ord. No. 2020-1331, 9-15-2020)

§ 28-6-5 (Reserved)

Editor's note–Former section 28-6-5 pertaining to the Historic Preservation and Museum Commission, was repealed by Ord. No. 2024-1468 adopted 10/15/2024. Prior to the deletion this section derived from Ord. No. 2020-1331, 9-15-2020.

§ 28-6-6 Zoning board of adjustment.

For the purpose of this CDO, the zoning board of adjustment (ZBA) shall exercise the following powers and be required to:

Hear and decide appeals where it is alleged that there is an error in any order or decision by city officials in the administration and enforcement of this CDO;

Hear and decide appeals of any interpretation of the text of this CDO made by the building official or administrator pursuant to section 28-7-32, interpretations; and

Hear and decide requests for variances from the terms of this CDO pursuant to the procedures and standards of section 28-7-33, variances.

(Ord. No. 2020-1331, 9-15-2020)

§ 28-6-7 Administrator.

For purposes of this CDO, the administrator shall exercise the following powers and be required to:

Make recommendations and provide assistance to the city council, P&Z and the ZBA;

Render administrative decisions on appropriate development applications; and

Render administrative interpretations of the text and zoning maps in this CDO pursuant to the procedures and standards in section 28-7-34, interpretations.

(Ord. No. 2020-1331, 9-15-2020)

§ 28-6-8 Building official.

For purposes of this CDO, the building official shall exercise the following powers and be required to:

Make recommendations and provide assistance to the city council, P&Z, and the ZBA;

Render administrative decisions on appropriate development applications; and

Render administrative interpretations of the text and zoning maps in this CDO pursuant to the procedures and standards in section 28-7-34, interpretations.

(Ord. No. 2020-1331, 9-15-2020)

§ 28-6-9 Development review committee (DRC).

Generally.

The development review committee (DRC) is created to provide technical review of development plans, site plans, and plats to verify that they comply with this CDO and to make a recommendation to the P&Z with regard to same.

Duties and responsibilities.

Review design of development plans, site plans, and plats for conformance with this CDO; and

Submit recommendations to the P&Z based on design compliance on site plans, plats, and development plans.

Membership.

The DRC is composed of:

The building official;

The director of public works;

The administrator (who shall also serve as the chairperson); and

Other city or other agency employees as deemed necessary.

Rules of procedure.

Meetings shall be called by the administrator as necessary to review and make recommendations on development plans, site plans and plats.

The administrator shall make a recommendation based on a consensus of the majority of the DRC and shall submit the recommendation to the appropriate governing body.

(Ord. No. 2020-1331, 9-15-2020)

Fulshear City Zoning Code

ARTICLE VI

ADMINISTRATIVE BODIES

§ 28-6-1 Purpose.

The purpose of this article is to set out the development review bodies that are responsible for the administration of this CDO. This article describes the roles and responsibilities and general rules of procedure of the City Council, Planning and Zoning Commission, Zoning Board of Adjustment, Development Review Committee, and City Staff. The City decision-making bodies and described in this section, without limitation upon the authority each possesses by law, have responsibility for implementing and administering this CDO in the manner described in this section.

(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2024-1468 adopted 10/15/2024)

§ 28-6-2 Applicability.

City council.

The provisions of section 28-6-3, city council, are intended to establish the city council's role with respect to decisions about individual properties pursuant to this CDO. No part of this CDO restricts or limits any other powers that are granted to the city council by federal law, state statute, or the City's Code of Ordinances.

Other administrative bodies.

The provisions of this article that relate to other bodies are representative of the authority that the city council has delegated to them with respect to application and enforcement of this CDO.

No implied limitation.

The provisions of this article shall not be a limitation regarding the conduct of boards, councils, and commissions where additional responsibilities or authority are set out elsewhere in this CDO, the code of ordinances, or through policies adopted by the city council, or by a board, council, or commission as approved by the city council.

(Ord. No. 2020-1331, 9-15-2020)

§ 28-6-3 City council.

Establishment of authority.

For the establishment of city council as the governing authority, cross-reference the City Charter part I article III and Code of Ordinances chapter 2 article II.

City council actions.

City council shall have the authority to grant final plat approvals as outlined in section 28-7-36, final plats.

(Ord. No. 2020-1331, 9-15-2020)

§ 28-6-4 Planning and zoning commission.

Establishment of authority.

For the establishment of planning and zoning commission (P&Z), cross reference:

Ordinance No. 2016-1216, Home-Rule Charter approval, section 4.10 planning and zoning commission; and

Chapter 2 article III, division 2, planning and zoning commission of the City's Code of Ordinances.

Planning commission actions.

For the purposes of this CDO, the P&Z shall exercise the following powers and be required to:

Review and recommend to the city council changes in zoning;

The authority to grant preliminary plat approvals as outlined in section 28-7-37, preliminary plats.

Review and make a recommendation of approval or disapproval to the city council for final plats in accordance with section 28-7-36, final plats;

Perform all functions designated as either "final decision" or "recommendation" as provided in table 28-7-3, table of permits and approvals; and

Perform such other functions and duties as authorized in this CDO and as may be duly delegated to them by the city council.

(Ord. No. 2020-1331, 9-15-2020)

§ 28-6-5 (Reserved)

Editor's note–Former section 28-6-5 pertaining to the Historic Preservation and Museum Commission, was repealed by Ord. No. 2024-1468 adopted 10/15/2024. Prior to the deletion this section derived from Ord. No. 2020-1331, 9-15-2020.

§ 28-6-6 Zoning board of adjustment.

For the purpose of this CDO, the zoning board of adjustment (ZBA) shall exercise the following powers and be required to:

Hear and decide appeals where it is alleged that there is an error in any order or decision by city officials in the administration and enforcement of this CDO;

Hear and decide appeals of any interpretation of the text of this CDO made by the building official or administrator pursuant to section 28-7-32, interpretations; and

Hear and decide requests for variances from the terms of this CDO pursuant to the procedures and standards of section 28-7-33, variances.

(Ord. No. 2020-1331, 9-15-2020)

§ 28-6-7 Administrator.

For purposes of this CDO, the administrator shall exercise the following powers and be required to:

Make recommendations and provide assistance to the city council, P&Z and the ZBA;

Render administrative decisions on appropriate development applications; and

Render administrative interpretations of the text and zoning maps in this CDO pursuant to the procedures and standards in section 28-7-34, interpretations.

(Ord. No. 2020-1331, 9-15-2020)

§ 28-6-8 Building official.

For purposes of this CDO, the building official shall exercise the following powers and be required to:

Make recommendations and provide assistance to the city council, P&Z, and the ZBA;

Render administrative decisions on appropriate development applications; and

Render administrative interpretations of the text and zoning maps in this CDO pursuant to the procedures and standards in section 28-7-34, interpretations.

(Ord. No. 2020-1331, 9-15-2020)

§ 28-6-9 Development review committee (DRC).

Generally.

The development review committee (DRC) is created to provide technical review of development plans, site plans, and plats to verify that they comply with this CDO and to make a recommendation to the P&Z with regard to same.

Duties and responsibilities.

Review design of development plans, site plans, and plats for conformance with this CDO; and

Submit recommendations to the P&Z based on design compliance on site plans, plats, and development plans.

Membership.

The DRC is composed of:

The building official;

The director of public works;

The administrator (who shall also serve as the chairperson); and

Other city or other agency employees as deemed necessary.

Rules of procedure.

Meetings shall be called by the administrator as necessary to review and make recommendations on development plans, site plans and plats.

The administrator shall make a recommendation based on a consensus of the majority of the DRC and shall submit the recommendation to the appropriate governing body.

(Ord. No. 2020-1331, 9-15-2020)