Loading...
12/11/1997 - Bylaws - Zoning Board of AdjustmentsORDINANCE.NO. 2285 u AN ORDINANCE AMENDING ORDINANCE 1638, THE ZONING ORDINANCE FOR THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY. BE IT , ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Ordinance 1638, The Zoning Ordinance for the City of College Station, Texas, be amended as set out in Exhibit "A ", attached hereto and made a part of this ordinance for all purposes. PART ?: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00) Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 11t 0ay of DECEMBER , 1997. ATTEST: APPROVED: _ ry \ . CONNIE HOOKS, City Secretary LYNN McILHANEY, Mayor Ordinance No. 2285 Ili AMEND CHAPTER 15, SECTION 15.2 TO ADD 15.2 (F) AS FOLLOWS: Page 2 15.2 (F) -To authorize upon appeal variances to the drainage ordinance, that when acting in this capacity, the Zoning Board of Adjustments must have one of the alternates with an engineering background present during hearing of case. AMEND CHAPTER 15, SECT 15.3 TO READ AS FOLLOWS 15.3 ORGANIZATION OF THE BOARD The Board of Adjustment shall consist of five (5) members who are residents of the City and qualified voters. Each shall be appointed for a term of two (2) years, except that two (2) members appointed initially shall have terms of only one (1 ) year. After the initial appointments, two (2) members shall be appointed in odd numbered years to maintain a membership of five (5) members. Members shall be removable for cause by the City Council upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. However, the City Council may provide for the appointment of four (4) alternate members of the Board of Adjustment who shall serve in the absence of one (1) or more regular members when requested to do so. Two (2) of the allternate members must be licensed enggineers in the State of Texas. All cases to be heard by the Board of Ad* sfinent will always be heard by a minimum number of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members and any vacancies shall be filled in the same manner and shall be subject to removal as the regular members. AMEND CHAPTER 10.4, SECTION B.* AS FOLLOWS: 10.6 SPECIAL RULES FOR C -N DISTRICTS Site plan review and proposed uses within the C -N Neighborhood Business District are subject to approval by the Planning and Zoning Commission. Apppplicants shall file an application form with the Cit Planner no less than twenty (20) days prior to the regularly scheduled meeting oYthe Planning and Zoning Commission of which the plan is to be reviewed. The application form shall be accompanied by all supporting information required in Section 10.1 above, a list of property. owners within 200 feet , and a receipt for filing fee. The application fee shall be determined by the City Council. Property owners within two hundred (200) feet of the site shall be identified by the Planning Office using the Tax Rolls supplied by the Brazos County Appraisal District. A. The applicant shall ive public notice by publication in a local newspaper as directed by the City Planner at least fifteen (15) days prior to the date set for the public hearing. Ordinance No. 2285 Page 3 B." The City Planner shall notify all property owners of record within two hundred (200) feet of the property in question at least ten (10) days prior to the public nearing. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in United States mail. C. The City Planner shall notify the applicant of the date, time and place for the preliminary review of the project by t e Project Review Committee. D. The Project Review Committee shall review the proposed project in accordance with Section 10.2 prior to the Planning and Zoning Commission meeting. The Protect Review Committee shall submit written recommendations to the Planning and Zoning ommission. A copy of this report shall be sent to the applicant. The applicant shall file ten (10) copies of the final site plan as approved by the Project Review Committee, showing all changes and requirements imposed by the Project Review Committee after which the Planning and Zoning Commission shall hold a public hearing for the purpose of approving or denying the project plan. E. The applicant or the owners of forty percent (40°x) or more of the property within two hundred (200) feet of the project site may appeal to the City Council any determination made by the Planning and Zoning Commission. The appeal should be made by petition filed with the City Secretary within ten (10) days after the public hearing. AMEND CHAPTER 14 SECTION 14.2 (B) AS FOLLOWS: B. The applicant shall ive public notice by publication in a local newspaper of Carin circulation at least fifteen (15) days prior to a date set for a public Hearing before the Commission. The City Planner shall notify all property owners of record within two hundred (200) feet of the property in question . The notice may be served by its deposit in the munici ality properly addressed with postage paid, in United States mail at least ten 10) days prior to the date set for the public hearing. The City Planner shall also give a report and recommendation to the Commission on the date of hearing. AMEND CHAPTER 14 SECTION 14.2 (E) AS FOLLOWS: E. Any person or persons jointly or severally aggrieved by a decision of the Commission may present to the City Secretary an appeal, settin forth that such decision is unjust and /or was made in error, in whole or in part. Ihe appeal must be in writing, must specify the grounds of injustice and /or the points on which the Commission erred and must be signed by the appellant(s). Such appeal shall be presented to the City Secretary within ten ((10) days after the final decision of the Commission, and not thereafter. The City Secreta shall then schedule a public hearing before the City Council and shall notify all property owners within two hundred (200') feet of the subject property under appeal. This notice, in a form prepared by the City Planner, shall be served by its deposit in the municipality, properly addressed with postagge paid in United States mail and shall be iven no later than ten (10) days prior to the cute set for the public hearing. Notiffbation, as prepared by the City Planner, shall also be given by the City Secretary by publication in a local newspaper of general circulation at least fifteen (1 days prior to the date set for the public hearing. The City Council shall hold a public hearing to consider the appeal and shall uphold the decision of the Commission as it was passed, overturn the decision of the Commission in its entirety or remand the case back to the Commission for reconsideration of certain and specific points. Ordinance No. 2285 Page 4 AMEND CHAPTER 17 SECTION 17.4 (B) AS FOLLOWS: 17.4 PUBLIC HEARING AND NOTICE THEREOF A public hearing shall be held by the Commission before making a report to the Council, and a public hearing shall be held by the Council before adopting any amendment to this ordinance. Notice of the public hearing shall be given by publishing such notice at least once in a newspaper of general circulation in the City of College Station, stating the time and place of such hearing and the substance of the proposed amendment. This notice shall appear in said newspaper at least fifteen (15) days prior to the date set for the public hearing. A. Publication of the notice shall be the responsibility of the City Planner. B. Notice of the proposed zoning change shall also be made by the City Planner by mailing notification which shall be served by its deposit in the municipality, properly addressed with postage paid, in United States mail to the person or firm to whom the property is assessed, and to all persons or firms to whom property within two hundred (200) feet of the proposed zoning change is assessed on the City tax rolls.