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Commission approves three zoning text amendments on floodplain tents, notice rules and CUP standards
Summary
The commission approved three text amendments: an administrative process for temporary structures in the floodplain, revisions to notice-of-zoning-action language to conform with state statute and mailing practices, and a change that places the burden on applicants to demonstrate eligibility for conditional use permits; amendments will go to the Board of Aldermen.
At its July 10 meeting the Brentwood Planning and Zoning Commission approved three separate text amendments to the city code and recommended they move forward to the Board of Aldermen.
Floodplain temporary structures (PNZ 24015): Attorney/staff Mr. O'Keefe presented a new provision that allows administrative review of temporary structures (tents and shade structures) used for short-term community or private events in parks and other sites within the floodplain. The provision establishes criteria for staff to weigh seasonality, duration, anchoring, porosity to water flow and downstream effects and is intended to preserve the city’s eligibility under the National Flood Insurance Program. The commission approved the amendment, subject to minor technical edits.
Notice of zoning action (PNZ 24016): O'Keefe explained proposed language to align the code with the controlling state statute requiring notices to be published in a newspaper of general circulation as qualified by the circuit court, while allowing the city to publish in other outlets as an option. The amendment also clarifies mailed-notice procedures (staff may rely on county ownership lists and deposit in the post office satisfies mailing). Commissioners discussed the 185‑foot notice radius used in the code, possible electronic notification, and alternatives should the primary legal newspaper cease publication. The amendment passed on roll call (one commissioner recorded a dissenting vote).
CUP issuance standards (PNZ 24017): O'Keefe proposed reassigning the burden so applicants must demonstrate they satisfy eligibility criteria for conditional use permits rather than requiring the city to show adverse consequences; the commission approved the change after discussing what constitutes "evidence" and the phrasing around "general welfare." Commissioners asked staff to refine language before Board consideration.
All three amendments were approved by the commission and will be forwarded to the Board of Aldermen for final action.
