The city decision-making bodies and officials described in this section, without limitation upon the authority each possesses by law, have responsibility for implementing and administering this chapter in the manner described in this section.

(1)

Planning and zoning commission.

(a)

Members. The planning and zoning commission shall consist of five regular members, appointed by the mayor and approved by the city council. Appointed members shall be residents of the city and have resided in Mont Belvieu for a minimal of one year.

(b)

Term of appointment. Planning and zoning commission members serve two-year terms, such terms to begin and end on July 1. The terms of three of the members appointed expire in odd-numbered years. The terms of the remaining two members expire in even-numbered years. City council may appoint members to the commission for terms of lesser duration than two years when making the initial appointment or when otherwise necessary to comply with the provisions of this article, such as to fill a vacancy. A commission member has no vested right or property interest in his/her membership and city council may remove any member from the commission by majority vote if the city council finds that the member has engaged in conduct detrimental to the city, or that removal is in the best interest of the city.

(c)

Powers. For the purposes of this chapter, the planning and zoning commission shall exercise the following powers and be required to:

a.

Review and recommend to the city council changes in zoning; and

b.

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

(d)

Rules. City council shall adopt and amend procedural rules for the planning and zoning commission. Such rules may be amended at any time by majority vote of the city council. The current version of such rules shall be kept on file with the city secretary.

(e)

Attendance. A position on the planning and zoning commission shall become vacant if a commissioner fails to attend either:

a.

Three consecutive commission meetings; or

b.

More than 50 percent of all commission meetings during any 12-month period from appointment or reappointment. Attendance shall be taken and noted by the chair at the beginning of all meetings.

(2)

Board of adjustment. For the purpose of this chapter, there is hereby created a board of adjustment consisting of five regular members, each appointed by the city council. The board of adjustment shall exercise the following powers and be required to:

(a)

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 chapter;

(b)

Hear and decide appeals of any interpretation of the text of this chapter made by the chief building official or city planner pursuant to section 42-127 and subsection (3) of this section; and

(c)

Hear and decide requests for variances from the terms of this chapter pursuant to the procedures and standards of section 42-280.

(3)

Offices of the chief building official and city planner. For the purposes of this chapter, the chief building official or city planner shall exercise the following powers and be required to:

(a)

Make recommendations and provide assistance to the city council, planning and zoning commission and board of adjustment;

(b)

Render administrative decisions on appropriate development applications; and

(c)

Render administrative interpretations of the text and zoning maps in this chapter pursuant to the procedures and standards in section 42-127 and this section.

(Ord. No. 2008-021, § 2(25-78), 10-13-2008; Ord. No. 2021-004, § 2, 3-22-2021)

(a)

Manner of conveyance or delivery. Public notice of hearings shall be given as follows:

(1)

Publication. Whenever the provisions of this chapter require a public hearing before the planning and zoning commission or the board of adjustment, notice of a public hearing on the application shall be published in a newspaper of general circulation in the city at least 11 days before the public hearing. Whenever the provisions of this chapter require a public hearing before the city council, notice of a public hearing on the application shall be published in a newspaper of general circulation in the city at least 16 days before the public hearing.

(2)

Mailing. Notice of required public hearings shall also be sent by mail to all owners of land within 300 feet of the lot lines or within the same subdivision of the land that is the subject of the application. Such notice shall be postmarked at least 11 days before the planning and zoning commission or board of adjustment public hearing. If a hearing before the city council is required, such notice shall be mailed and postmarked at least 16 days before the city council public hearing. Owners of land shall be identified by reference to the most recent tax records, except that when land is owned by a condominium association, notice shall be given to the condominium association. Notice shall be deemed mailed by virtue of its deposit with the United States Postal Service, properly addressed with postage prepaid.

(3)

Posting. Notice of required public hearings shall also be provided by way of a sign posted on the land that is the subject of the application. One sign shall be posted for each 200 feet of frontage along a public street, with a maximum of two signs required per frontage. Signs shall be located so that the lettering is visible from the street. Where the land does not have frontage on a public street, signs shall be posted on the nearest public street with an attached notation indicating the location of the land subject to the application.

(b)

Contents. The contents of public notice hearings shall include the following:

(1)

Publication and mailed notice. Published and mailed notices shall provide at least the following information:

a.

The general location of the land that is the subject of the application;

b.

Its legal description or street address;

c.

The substance of the application;

d.

The time, date and location of the public hearing;

e.

The time, date and place where the application may be inspected by the public; and

f.

A statement that interested parties may appear at the public hearing and be heard with respect to the application.

(2)

Signs. Required signs shall at least indicate the substance of the application; the time, date and location of the public hearing; and the contact point for additional information.

(Ord. No. 2008-021, § 2(25-79), 10-13-2008)

(a)

Purpose. The purpose of this section is to provide a means for changing the text of this chapter or the district boundaries shown on the official zoning map, as necessary or for special or specific use permits. Since this chapter represents the city's effort to provide for the orderly development of the community, no change shall be made in these regulations except to:

(1)

Correct an error in the regulations or map;

(2)

Recognize changed or changing conditions or circumstances in a particular locality or area; or

(3)

Recognize a change in public plans or policies that affect the property.

(b)

Authority. The city council may, after recommendation of the planning and zoning commission, adopt an ordinance amending the text of this chapter or the boundaries of the official zoning map upon compliance with the provisions of this section.

(c)

Initiation. An application for an amendment to the official zoning map may be proposed by the mayor, a member of the city council, the city manager, the city planner, or a qualified applicant for a proposed development. An amendment to the text of this chapter may be proposed by either the mayor and a member of the city council, two members of city council, or the city manager.

(d)

Procedure.

(1)

Submission of application. A complete application shall be submitted to the city planner in a form established by the city, along with a nonrefundable fee that is established from time to time by the city council to defray the actual cost of processing the application. No application shall be processed until the established fee has been paid and the application has been deemed complete by the city planner. No application fee shall be required when such amendment is being proposed by the mayor, a member of the city council or the city administrator.

(2)

Review and recommendation by the city planner. After determining that the application is complete, the city planner shall prepare a staff report, which may include a recommendation for approval or disapproval based on the criteria in subsection (b) of this section. A copy of the staff report on a proposed amendment to the official zoning map shall be mailed to the applicant at least five days prior to the public hearing on the application.

(3)

Recommendation by planning and zoning commission. The planning and zoning commission shall, after due notice, conduct a public hearing on the report, in accordance with V.T.C.A., Local Government Code ch. 211, or other applicable law. At the public hearing, the planning and zoning commission shall consider the application, the staff report, the relevant support materials and public testimony given at the public hearing. After the close of the public hearing, the planning and zoning commission shall prepare and deliver a report and recommendation to the city council to approve or disapprove the proposed amendment based on the criteria in subsection (b) of this section.

(4)

Action by city council.

(e)

Public hearing. After receiving the final report of the planning and zoning commission, the city council shall, after due notice, conduct a public hearing on the proposed amendment. At the public hearing, the city council shall consider the application, the staff report, the relevant support materials and public testimony given at the public hearing.

(f)

Amendment criteria. The wisdom of amending the text of this chapter or the zoning map is a matter committed to the sound legislative discretion of the city council and is not controlled by any one factor. In determining whether to adopt, adopt with modifications or disapprove the proposed amendment, the city council shall consider the following factors:

(1)

Consistency with chapter. Whether and the extent to which the proposed amendment would conflict with any portion of this chapter.

(2)

Compatibility with surrounding area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zoning district for the land.

(3)

Changed conditions. Whether and the extent to which there are changed conditions that require an amendment.

(4)

Effect on natural environment. Whether and the extent to which the proposed amendment would not result in significantly adverse impacts on the natural environment including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment.

(5)

Community need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.

(6)

Comprehensive plan. Whether and the extent to which the proposed amendment is compatible with the vision set forth in the city's comprehensive plan and would result in a logical and orderly development pattern and not constitute spot zoning.

(g)

Vote required for action. Action to amend the text of this chapter or the official zoning map shall require an affirmative vote of at least four members of the city council.

(Ord. No. 2008-021, § 2(25-80), 10-13-2008; Ord. No. 2015-015, § 2, 2-23-2015; Ord. No. 2016-015, § 1, 8-22-2016)

(a)

Purpose. Variances are deviations from the property development standards for the applicable zoning district where development is proposed that would not be contrary to the public interest and, due to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship, and so that the spirit of this chapter is observed and substantial justice done. A variance cannot be requested for a change in land use.

(b)

Authority. The board of adjustment, in accordance with the procedures, standards and limitations of this section, shall approve, approve with conditions, or disapprove an application for a variance permit after receiving a recommendation by the city planner.

(c)

Initiation. An application for a variance permit shall be submitted by a qualified applicant.

(d)

Procedure.

(1)

Submission of application. A complete application for a variance permit shall be submitted to the city planner on a form prescribed by the city manager, along with a nonrefundable fee that is established from time to time by the city council to defray the actual cost of processing the application. No application shall be processed until the established fee has been paid and the application has been determined completed by the city planner.

(2)

Review and recommendation by city planner. After determining that the application is complete, the city planner shall review the application and prepare a staff report, which may include a recommendation of approval, approval with conditions or disapproval based upon the criteria in section 42-281. A copy of the report shall be mailed to the applicant at least five days prior to the public hearing on the application.

(3)

Public hearing. After due notice, the board of adjustment shall hold a public hearing on an application for a variance permit. At the public hearing the board of adjustment shall consider the application, the staff report, the relevant supporting materials and the public testimony given at the public hearing. After the close of the public hearing, the board of adjustment shall vote to approve, approve with conditions or disapprove the application for a variance permit pursuant to the criteria of section 42-281.

(4)

Notice of decision. The city planner shall provide a copy of the decision to the applicant by mail within ten days of the board's decision.

(Ord. No. 2008-021, § 2(25-81), 10-13-2008)

To approve an application for a variance permit, the board of adjustment shall make an affirmative finding that the following criteria are met:

(1)

Special circumstances exist that are peculiar to the land or structure that are not applicable to other land or structures in the same zoning district and are not merely financial;

(2)

These special circumstances are not the result of the actions of the applicant;

(3)

Literal interpretation and enforcement of the terms and provisions of this chapter would deprive the applicant of rights commonly enjoyed by other land in the same zoning district, and would cause an unnecessary and undue hardship;

(4)

Granting the variance is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest, and which would carry out the spirit of this chapter and substantial justice;

(5)

Granting the variance will not adversely affect adjacent land in a material way; and

(6)

Granting the variance will be generally consistent with the purposes and intent of this chapter.

(Ord. No. 2008-021, § 2(25-82), 10-13-2008)

(a)

Generally. Issuance of a variance permit shall authorize only the particular variation which is approved in the variance permit. A variance permit shall run with the land.

(b)

Time limit. Unless otherwise specified in the variance permit, an application to commence construction of the improvements that were the subject of the variance permit request must be applied for and approved within 12 months of the date of the approval of the variance permit, otherwise the variance permit shall automatically become null and void. Permitted time frames do not change with successive owners. Upon written request, only one extension of the 12-month timeframe may be granted by the board of adjustment for a period not to exceed 12 months for good cause shown.

(Ord. No. 2008-021, § 2(25-83), 10-13-2008)

(a)

The city council may by ordinance grant special use permits in any district, provided, however, that the special use is specifically authorized under this chapter. In granting a special use permit, the city council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector, for use of the building on such property pursuant to such special use permit and such conditions precedent to the granting of the certificate of occupancy.

(b)

All requests for special use permits shall first be presented to the planning and zoning commission, which shall hold public hearings thereon and consider them in accordance with subsection (c) of this section, and then make a recommendation to the city council which shall also hold public hearings and shall approve, disapprove or approve the special use with conditions. A vote to approve a permit by the planning and zoning commission or by the city council must be by a body.

(c)

Special use permits may not be granted unless the planning and zoning commission makes written findings based directly upon the particular evidence presented to it which support written conclusions that the granting of the special use permit will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public health, safety and well-being, or substantially diminish or impair property values within the neighborhood.

(d)

Every special use permit granted under these provisions shall be considered as an amendment to the ordinance from which this chapter is derived as applicable to such property under consideration, but shall not be considered as a permanent change in zoning. In the event the building, premises, or land uses under the special use permit is voluntarily or involuntarily vacated or if the ownership is voluntarily or involuntarily transferred, or if such buildings, premises, or land is more than 50 percent destroyed by fire or other cause, the use of the same shall thereafter conform to the regulations of the original zoning district of such property unless a new and separate special use permit is granted for continuation of the use.

(e)

No building, premises, or land used under a special use permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate special use permit is granted for such enlargement, modification, structural alteration, or change.

(f)

The following shall be submitted in connection with all applications for a special use permit:

(1)

Ownership affidavit. A statement of ownership and control of the subject property and a statement describing the nature of the intended use shall be submitted.

(2)

Vicinity map. A general location map indicating the approximate location of the subject parcel shall be submitted.

(3)

Context map. Twenty full-size (24 inches by 36 inches) copies of a context plan shall be submitted; additional copies may be required. The map shall include the existing features within 200 feet of the proposed conditional use. Existing features include, but are not limited to, buildings, ingress and egress points, landscaping areas, pedestrian paths and property names.

(4)

Survey. A survey prepared and stamped by a state registered land surveyor listing the metes and bounds legal description and the gross acreage within the subject parcel shall be submitted.

(5)

Compliance with the comprehensive plan. A statement indicating how the proposed development complies with the city's adopted comprehensive plan shall be submitted.

(6)

Site plan. Twenty full-size (24 inches by 36 inches) copies of the site plan are required to be submitted and shall be prepared and stamped by licensed and/or certified professionals including, but not limited to, architects, landscape architects, land planners, engineers, surveyors, transportation engineers or other professionals, deemed necessary by the community development director for detailed elements that should be included on the site plan reference in section 42-248.

(7)

Landscaping plan. Twenty full-size (24 inches by 36 inches) copies of a landscaping plan is required to be submitted and shall be prepared and stamped by a licensed landscape architect, indicating the location, spacing, types and sizes of landscaping elements, existing trees (in accordance with section 42-165), and showing compliance with the city's off-street parking requirements, the city's design guidelines and policies, and the requirements of the appropriate zoning district.

(8)

Grading and drainage plan. Twenty full-size (24 inches by 36 inches) copies of a grading and drainage plan which indicates the proposed grading and techniques for controlling and discharging drainage shall be submitted.

(9)

Lighting plan. A lighting plan shall be submitted which indicates the illumination of all interior areas and immediately adjoining streets showing the location, candlepower and type of lighting proposed. The lighting plan shall be in conformance with all applicable industry lighting standards.

(10)

Elevations. Twenty full-size (24 inches by 36 inches) copies of elevations of all buildings, fences and other structures viewed from all sides indicating height of structures, the average finished grade of the site at the foundation area of all structures, percentage of building materials proposed, and color of all materials shall be submitted.

(11)

Signage plan. The planning and zoning commission shall approve an overall signage plan during the conditional use approval process. All information to be provided for the sign permit shall be submitted concurrent with the site plan application materials.

(12)

Traffic impact study. A traffic impact study, completed by a certified traffic engineer, may be required if it is estimated by the city engineer or city planner that the project could generate trips for any given time period in excess of five percent of the existing volume of traffic on adjacent street systems.

(13)

Public notice. Stamped and addressed business size envelopes (which do not include return addresses) to all owners of property located within 300 feet of the boundary of the proposed conditional use, as listed in the current county records, shall be submitted.

(Ord. No. 2008-021, § 2(25-84), 10-13-2008)

(a)

Special exception permits in the hill mixed use district (HMU): The city manager or designee may grant a special exception permit for either industrial use or commercial use which is an administrative deviation distinct from the uses permitted by right and special uses as set forth in section 42-190 hill mixed use (HMU). The purpose of a special exception permit is to reduce required building setbacks, parking lot requirements and parking lot materials, supplemental detention pond criteria, and architectural standards, and material requirements for structures.

(1)

Industrial uses: Criteria for special exception permit. Any deviation from the uses set forth in section 42-190 apply only to parking areas, detention ponds or structures located out of the public view from the following locations: Highway 146 right-of-way, FM 565 right-of-way, and open section of North Loop 207.

(2)

Commercial uses: Criteria for special exception permit. Any deviation from the uses set forth in section 42-190 apply only to setbacks for primary structures located on an existing lot of record, and structures located out of the public view from the following locations: Highway 146 right-of-way, FM 565 right-of-way, and open section of North Loop 207.

(b)

Application procedure for special exception permits in the hill mixed use district (HMU). An applicant for a special exception permit shall provide a written narrative and supportive materials to the city manager or designee including the following:

(1)

Documentation to support the special exception reflects a natural expansion of the land or building use.

(2)

Documentation to support imminent demand for the special exception.

(3)

Documentation to evidence potential issues, or conflicts with adjacent land owners that may arise due to the granting of a special exception permit.

(4)

Documentation to support the special exception promotes the health, safety, and character of the city.

(5)

Applicant shall supplement with additional materials upon city request.

(Ord. No. 2019-012, § 2, 4-8-2019)