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Copies of the codes can be examined on the city's website or at Benbrook City Hall. Benbrook has adopted several local Code Amendments which can be obtained from the Permit and Inspections Department. If you are unfamiliar with the building codes, you should talk with the Permit and Inspections Department early in the planning of your project.
1. Storage or use of: hazardous materials; flammable or combustible liquids; LP gas; compressed gases 2. Cutting and welding3. Hot work4. Repair garages and fuel dispensing facilities5. Open burning A complete list can be obtained by contacting the Inspection Department at 817-249-6081.
It will take between four and six weeks after placing the order for the box to arrive. Once the Knox Box has been installed, please call the fire department at 817-249-1727 to have the box locked.
The detailed explanation of the request in the letter should include the description and dimension of the variance or appeal requested (i.e. variance to side yard setback); reasoning for why it should be granted; and explanation of the hardship incurred if the variance or appeal is not granted.
In the case of a variance consideration, it is up to the applicant to prove to the Board that strict application of the ordinance will result in an unnecessary and undue hardship.
In the case of an appeal, it is up to the applicant to provide a reasonable alternative to the administrative decision supported with facts.
The detailed explanation should include the information about the proposed use and how the proposed Conditional Use is compatible with Permitted Uses in the District; the hours of operation, if applicable; and other pertinent information that pertains to the proposed use in support of the request for a Conditional Use Permit.
The detailed explanation should include information about the proposed use; description of merit associated with proposed architectural design, including any alternate materials and/or features; and other pertinent details about the proposed design.
Please attach exhibits to the letter, including the legal description of both the subject property and the easement/right-of-way and the plat and/or schematic drawing.
The detail explanation should include information about the proposed use; the hours of operation, if applicable; and other details about the proposed use (building and/or operation).
- The boundaries and dimensions of the property in question- Existing (if any) and proposed name of subdivision- Name, address, and telephone number of owner, legal description (Lot, Block, Survey Abstract or Metes and Bounds from Deed)- Scale, north arrow, and date- Existing easements, rights-of-way, watercourses, and streets- The Conceptual iSWMTM Site Plan- Approximate location, rough dimensions, and minimum area of proposed lots- Approximate locations and dimensions of proposed streets and public improvements- Vicinity map showing general development location.
Following City Planner review, it will be determined whether a Preliminary Plat or Short Form Plat is required.
1. The Minor Plat and supporting instruments are respectively drawn and compiled in compliance with the Final Plat specifications as hereinafter provided. (See Final Plat Requirements and Final Plat Checklist)
2. The Minor Plat and supporting instruments and the subdivision they represent are not otherwise in contravention with Chapter 212, Local Government Code.
3. Each lot and block has frontage upon a dedicated and improved street to City specifications, or necessary dedication and improvements are part of the plat.
4. All easements to each block, or lot have been previously granted or are shown on the Plat.
5. The proposed development neither contains nor creates a significant drainage problem, nor is topography a salient development consideration.
6. All utilities required serving each block, or lot is in place or arrangements to provide same have been made with the appropriate agency.
7. If the subject property is not identifiable by reference to a previously recorded subdivision Plat and is to be platted as a single tract, the tract shall have street frontage of not less than the minimum specified by the Zoning Ordinance.
8. Subject property shall involve a maximum of four (4) lots.
9. Lot width and total lot area vary no more than five percent (5%) less than the equivalent dimensions of abutting lots.
10. Property which has previously had a total of four (4) lots platted from it via the Minor Plat procedure shall not have additional lots platted from it under the Minor Plat procedure.
The Minor Plat requires a Sketch Plat and Final Plat, which the City Planner can approve. (See Final Plat Requirements and Final Plat Checklist)
A change in a plat that does not fall within any of the categories listed above and does not meet theconditions for vacation of a plat, is a replat and may be recorded and is controlling over the preceding plat only if the replat:
1. Is signed and acknowledged by the owners of the property being replatted,
2. Is approved by the Planning and Zoning Commission after a public hearing on the matter at whichparties in interest and citizens have an opportunity to be heard, and
3. Does not attempt to amend or remove any covenants or restrictions.
If during the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification, to a residential use for not more than two residential units per lot; or any lot in the preceding plat was limited by deed restrictions to a residential use for not more than two residential units per lot, the notice and voting requirements of Section 212.015, Local Government Code, are applicable and must be followed.
Yellow bags should be placed at curbside on Saturday mornings by 7:00 AM, and no earlier than Friday evenings (5:00 PM). The bags are collected on Saturdays. Yellow bags may be purchased at Benbrook City Hall (911 Winscott Road) or at the Benbrook Water Authority (1121 Mercedes Street). The cost is $5.64 for a roll of 10 bags, or $27.09 for a roll of 50 bags.
Remember to place these items away from mailboxes, sprinkler systems, sewer clean-out, water meter boxes, and overhead power lines. Allied Waste/Republic Services will not pick up construction material or household hazardous waste.
Why is storm water runoff a problem? Storm water can pick up debris, chemicals, dirt, and other pollutants, and flow into a storm sewer system, or directly to a lake, stream, river, wetland, or coastal water. Anything that enters a storm sewer system is discharged untreated into our area lakes and streams. This can create polluted, unsightly water bodies and affect water quality.
The Effects of Pollution—Polluted storm water runoff can have many adverse effects on plants, fish, animals, and people. Sediments can cloud the water and make it difficult or impossible for aquatic plants to grow. Sediment can also destroy aquatic habitats. Excess nutrients can cause algae blooms. When algae die, they sink to the bottom and decompose in a process that removes oxygen from the water. Fish and aquatic organisms can’t exist in water with low dissolved oxygen levels. Bacteria and other pathogens can wash into swimming areas and create health hazards.
Debris—plastic bags, six-pack rings, bottles, and cigarette butts—washed into water bodies can create polluted lakes and streams and choke, suffocate, or disable aquatic life like ducks, fish, turtles, and birds. Household hazardous wastes like insecticides, pesticides, paint, solvents, used motor oil, and other auto fluids can poison aquatic life. Land animals and people can become sick or die from eating diseased fish or ingesting polluted water. Polluted storm water often affects drinking water sources. This can affect human health and increase drinking water treatment costs.
Lawn Care—Excess fertilizers and pesticides applied to lawns and gardens wash off and pollute streams. In addition, yard clippings and leaves can wash into storm drains and contribute nutrients and organic matter to streams. Don’t overwater your lawn. Consider using a soaker hose instead of a sprinkler. Use pesticides and fertilizers sparingly. When use is necessary, use these chemicals in the recommended amounts. Use organic mulch or safer pest control methods whenever possible. Compost or mulch yard waste. By City ordinance, yard waste cannot be left in the street or swept into storm drains or streams. Piles of dirt or mulch being used in landscape projects should be covered.
Residential landscaping—Traditional concrete and asphalt don't allow water to soak into the ground. Instead these surfaces rely on storm drains to divert unwanted water. Permeable pavement systems allow rain to soak through, decreasing storm water runoff. Rain Barrels—can collect rainwater from rooftops in mosquito-proof containers. The water can be used later on lawn or garden areas. Rain Gardens and Grassy Swales—specially designed areas planted with native plants (Texas SmartScape information : www.txsmartscape.com) can provide natural places for rainwater to collect and soak into the ground. Rain from rooftop areas or paved areas can be diverted into these areas rather than into storm drains. Vegetated Filter Strips—areas of native grass or plants created along roadways or streams. They trap the pollutants storm water picks up as it flows across driveways and streets.
Auto Care—Washing your car and degreasing auto parts at home can send detergents and other contaminants through the storm sewer system. Dumping automotive fluids into storm drains has the same result as dumping the materials directly into a water body. Use a commercial car wash that treats or recycles its wastewater, or wash your car on your yard so the water infiltrates into the ground. Repair leaks and dispose of used auto fluids and batteries at designated drop-off or recycling locations.
- Economic disadvantage.
- Disappointment in learning that the property is not available for the intended use.
- Construction done without benefit of a permit.
- Conditions self-created by an owner or prior owner.
- Special condition affecting the landowner and not the land.
- Claiming ignorance of the zoning requirements when the land was purchased.
- Physical disability to earn a living.
- The desire for unusual architectural features.
- The expenditure of money in anticipation of being granted a variance.
After hearing the evidence, the Board or Commission will make its decision based on the following criteria:
- Whether there are special circumstances or conditions affecting the land such that strict application of the ordinance would result in an unnecessary or undue hardship, and
- That the hardship is solely due to the peculiar circumstances and is unrelated to the conduct or self-originated expectations of the property owners or buyers, and
- That the variance or appeal is necessary for the preservation and enjoyment of a substantial property right, and
- That granting the variance will not be detrimental to the health, safety, and welfare of the community or contrary to the Comprehensive Plan.
A decision to grant a variance or appeal must receive four (4) affirmative votes from the five-member Board or Commission to be approved.
A notice of public hearing is published in the City’s official newspaper not less than 15 days prior to the date of the public hearing. The notice includes the time, date, and place of the public hearing and includes a description of the property to be considered and both the existing and proposed zoning classification(s). A similar notice is mailed at least ten days prior to the public hearing to the owners of all property on the tax rolls within two-hundred feet of the property to be considered for rezoning.
At least 72 hours prior to the Commission meeting, an agenda is posted on the bulletin board at the City Hall, listing all items to be discussed or considered.
The Planning and Zoning Commission considers the rezoning applications on the agenda. When a particular rezoning item comes up on the agenda, the Chairman allows the applicant to make a presentation to the Commission regarding the proposed change. The Chairman then asks the City Planning Staff for a report and recommendation regarding zoning consideration on the floor.
The Chairman will open the public hearing and recognize any person in the audience who wishes to speak in favor of or in opposition to the application. Anyone wishing to address the Commission should raise their hand to be recognized by the Chairman. After being recognized, the person should move to the podium, state their name and address for the record, and present their comments to the Commission.
The purpose of the public hearing is to present facts and evidence to the Commission that they may not be aware of otherwise. Tell the Commission exactly what you like or dislike about the proposal, what you would do differently, and be brief, factual and to the point. If you feel the proposal would adversely affect the health, safety and welfare of the community and your property, present as many facts as possible. Simply stating your opinion that your property values will be diminished is less effective than showing exactly why your property will be harmed.
After all interested persons have had an opportunity to address the Commission; the Chair may ask the applicant for any rebuttal. The Chair will then close the public hearing. The Commission will then discuss the request and may ask additional questions of the applicant or the City Staff for clarification. No additional comments will be received from the audience once the public hearing is closed. After debate and discussion is completed, the Commission will consider a motion for a recommendation to the City Council. A motion to recommend City Council approval of rezoning requires five favorable votes by the Commission. The Commission’s action is advisory only and final action is taken by the City Council.
The rezoning application will be scheduled for City Council consideration the following month. Notices and posting of the agenda for the City Council public hearing follows the same schedule as for the Commission’s public hearing. City Council will hold a second public hearing on the proposed zoning. After hearing all the evidence, including the Commission’s recommendation, the City Council may or may not pass an ordinance changing the zoning district boundary.
Some factors considered in zoning changes:
1. Is there a public need for additional land area to be rezoned as requested?
2. Are there alternative areas available for the zoning requested which would eliminate the need for rezoning?
3. If a public need exists, should rezoning be done in the area requested or would the public interest of the overall City be better served if rezoning was done in other areas?
4. Would granting the rezoning request conform to the present Comprehensive Plan of Benbrook or should the Comprehensive Plan be revised?
5. Would granting the request adversely affect the property values of adjacent landowners to an unreasonable degree?
6. Would the request impose undue hardships such as noise, traffic, odors, or other nuisances on adjacent landowners?
7. If the request were granted, would necessary utilities be available? Or reasonably extended?
8. If granted, what additional public services would be required?
9. Would the requested rezoning have an adverse effect upon the City’s capital and operating budget?
10. Was there an error or oversight in preparing the original zoning map which indicates the zoning being requested should have been included when the map was prepared?
11. Is the change in conformance with the stated purpose of the zoning ordinance, that is “to lessen congestion on streets, to secure safety from fire, panic and other dangers; to promote health and the general welfare; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; to conserve the value of property and encourage the most appropriate use of land throughout the City, all in accordance with a comprehensive plan”?