An option to protest a proposed zoning amendment, supplement, or change is available. The protest must be filed by owners of 20% or more of the area of the lots or land included in amendment, or area of adjoining lots / land covered by proposed change extending 200 feet from the area.A written protest must be submitted at least four business days prior to the City Commission Meeting, though it is recommended to be submitted prior to the Planning and Zoning (P& Z) Commission Meeting.
An overlay that is developed by Planning and Zoning Commission or City Commission to require special conditions that promote or prohibit certain uses that are not necessarily allowed in a base zoning district; reference Chapter 348 – Zoning, Article VI. Overlay Districts, Division 2. – Individual Overlay Districts, Sec. 348-1092. – CO (conditional overlay district). Such additional standards may include increased screening or landscaping requirements, development phasing, and standards pertaining to traffic, circulation, noise, lighting, hours of operation, number of occupants, and similar characteristics.
Conditional Use Permit
Is only required when an establishment does not meet land spacing requirements for “wet” businesses. If an establishment does meet the requirements, then an applicant needs to visit Texas Alcoholic Beverage Commission (TABC) website: www.tabc.state.tx.us and register with Brownsville City Secretary’s Office.
Specific Use Permits
A Specific Use Permit requires a review of the location, design, and configuration--a site plan.
Specific Use Permits do not change the property’s Use or Area District. If site plan does not comply with Area District requirements, the Area District will need to be rezoned. The rezoning application can be done concurrently.
After a specific use is approved, there can be no changes from the site plan without being granted an amendment. The Planning & Development Services (PDSD) Director or Zoning and Subdivision Administrator can grant a minor amendment while the Planning & Zoning Commission and City Commission must approve major amendments.
The specific use permit can expire if a building permit is not issued within a year of approval. A specific use permit is canceled if construction is not completed or substantially completed / certificate of occupancy is not issued within 12 months of approval. The permit becomes invalid if the operation of the use has not commenced past 365 days of approval. The Planning and Development Services Department (PDSD) Director / Zoning and Subdivision Administrator can grant a time extension of up to six (6) months.