This ordinance shall be known, cited and referred to as the Unified Development Code of the Town of Addison, Texas. It is referred to in this ordinance [appendix] as the "Unified Development Code" or "this UDC".

This UDC shall become effective upon adoption by the city council on September 1, 2025.

Pursuant to the Texas Local Government Code (TLGC), the city council enacts this UDC to:

A.

Promote the public health, safety, and general welfare of Town residents;

B.

Implement the policies and objectives in the Comprehensive Plan;

C.

Secure safety from fire, panic, and other natural and manmade dangers;

D.

Protect life and property in areas subject to floods and other natural disasters;

E.

Provide adequate light, air, and open space;

F.

Lessen congestion in the streets while enhancing pedestrian, bicycle, and vehicular movement with the least detriment to environmental quality;

G.

Ensure environmentally sensitive site planning that preserves the Town's tree canopy and natural areas;

H.

Prevent the overcrowding of land and avoid undue concentration of population;

I.

Facilitate the adequate provision of transportation infrastructure, water and sewage services, schools, parks, trails, and other public requirements and to avoid transportation, public service, and facility demands that cannot be satisfied;

J.

Ensure that development and resource decisions are sustainable not only for the current residents of Addison but for future residents and generations;

K.

Provide a mix of land uses that provide employment opportunities, social amenities, and housing within the Town to promote economic resiliency;

L.

Emphasize the importance of high-quality urban design in the built environment;

M.

Consider the immediate and long-range financial impact of the application of particular land to particular kinds of development, and the relative suitability of the land for development;

N.

Conserve the value of buildings and encourage the appropriate use of land, buildings, and structures; and

O.

Establish procedures for the processing of planning and zoning actions that affect the development and use of property in Addison.

1.4.1.

Authority. This UDC is adopted pursuant to the authority in Article I of the Addison Municipal Charter, as amended, and enacted pursuant to the powers granted and limitations imposed by provisions of the State of Texas, including the statutory authority granted in TLGC Chapters 42, 43, 211, 212, and 213, and all other relevant provisions of the State of Texas.

1.4.2.

Applicability.

A.

Unless otherwise stated or permitted by law, the provisions of this UDC shall apply to all land, buildings, structures, or appurtenances on such land located within the Town, that are occupied, used, erected, altered, removed, demolished, or converted after the effective date of this UDC.

B.

No permit, certificate, or approval of any use that is subject to this UDC shall be issued or granted by any department, agency, Town official, or Town employee without a finding of compliance with this UDC having been issued by the appropriate review authority.

C.

Unless otherwise stated in this UDC, no building or structure shall be erected, moved, converted, enlarged, reconstructed, or altered, not shall any land, building, or structure be used, developed, or intended to be used for any purpose whatsoever, without a determination of compliance by the Director.

D.

No lot of record that did not exist prior to the effective date of this UDC shall be created unless it complies with this UDC.

1.4.3.

Minimum standards required. The provisions of this UDC, as amended, shall be minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare, and shall be the minimum criteria required for a review procedure to commence. Additional technical information and analysis may be required of applicants to demonstrate compliance with this UDC.

1.4.4.

Conflicts with other ordinances, criteria manuals, and master plans.

A.

Whenever any provision of this UDC refers to or cites a section of any Texas state statutes and that section is later amended or superseded, this UDC shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section, as determined by the Director.

B.

Whenever a provision of this UDC requires or authorizes an officer or employee of the Town to do some act or perform some duty, it shall be construed to authorize the officer or employee to designate, delegate, and authorize subordinates to perform the act or duty, unless the terms of the provision designate otherwise.

C.

Whenever any provision of this UDC conflicts with other provisions of the Code of Ordinances, the stricter provision, as determined by the Director following the interpretation procedure in § 2.10.5: Interpretations, shall govern.

D.

Whenever a provisions of this UDC conflicts with a Criteria Manual adopted by the Town, the more strict provisions shall govern, as determined by the Director.

E.

Whenever any provision of this UDC conflicts with a Master Plan adopted by the Town, the Master Plan shall govern, as determined by the Director.

F.

All Criteria Manuals and Master Plans are available online on the Town's website. Criteria Manuals and Master Plans are maintained and updated by the Town as necessary.

1.4.5.

Private covenants. This UDC is not intended to amend, revoke, or repeal any easement, covenant, or other agreement between private parties. Notwithstanding, no covenant or deed restriction shall excuse any failure to comply with this UDC. In no case shall the Town be obligated to monitor or enforce any easement, covenant, or agreement between private parties unless the Town is a party to such agreement and elects to pursue enforcement.

1.4.6.

Transfer of ownership. Permits, licenses, or approvals authorizing a particular use of land or structure shall transfer with the ownership of the land or structure so long as the land or structures, or any portion of the land or structures, continue to be used for the purpose and in the manner authorized by a permit, license, or approval, unless otherwise provided in this UDC. No person, including a successor or assignee of the person who obtained the permit or approval, may use the land or structure except in accordance with all the terms, conditions, and requirements of the permit or approval.

1.4.7.

Emergency powers. The Mayor and/or City Council may authorize any deviation from this UDC during a local state of disaster in accordance with Texas Government Code Chapter 418. Such deviations may be authorized by resolution of the City Council during a local emergency without a requirement for prior notice or public hearing.

1.5.1

Continuity of provisions. The provisions of this UDC, insofar as they are substantially the same as previously existing regulations relating to the same subject matter, shall be construed as restatements and continuations thereof and not new enactments. Any actions, proceedings, permits, or approvals commenced or issued pursuant to any previously existing ordinance and subject to TLGC Chapter 245 shall not be affected by the enactment of this UDC.

1.5.2.

Approved plans.

A.

Any permits or licenses subject to the standards of this UDC that are valid on the effective date of this UDC shall remain valid until their expiration date. Projects with valid permits or licenses may be carried out in accordance with the zoning and subdivision regulations in effect at the time of approval, provided that the permit or license remains valid and has not lapsed.

B.

No provision of this UDC shall require any change in the plans, construction, or designated use of any structure for which a Building Permit has been issued prior to the effective date of this UDC, unless the Building Permit has expired.

C.

The Director may renew or extend the time of a previous approval of a plan that was administratively approved if the required findings or criteria for approval remain valid. The Director shall notify an applicant of any upcoming expirations of approval at least three months prior to the expiration. Any extension granted shall not exceed one year in length, and no more than one extension may be granted.

D.

Non-administratively approved plans may be granted one extension not exceeding one year in length, from the reviewing body by which they were originally approved as identified in § 2.3: Summary Table of Review Procedures, where such extension would be permissible under the zoning and subdivision regulations in effect at the time of approval.

E.

Any reapplication for an expired project approval shall meet the standards in effect at the time of reapplication.

1.5.3.

Nonconformities under prior regulations. Any nonconformity under the previous zoning and subdivision regulations that has been issued a Certificate of Occupancy will remain a nonconformity under this UDC, as long as the situation that resulted in the prior nonconformity status continues to exist and complies with the provisions of this UDC. If a nonconformity under the previous zoning and subdivision regulations becomes conforming because of the adoption of this UDC, then the situation will no longer be a nonconformity.

1.5.4.

Uses, lots, structures, and sites rendered nonconforming.

A.

When a lot is used for a purpose that was a lawful use before the effective date of this UDC, and when a Certificate of Occupancy was issued and this UDC no longer classifies such use as either a permitted use or special use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by the provisions of § 1.6: Nonconformities.

B.

Where any building, structure, lot, or development site that legally existed on the effective date of this UDC and does not meet all standards set forth in this UDC, such building, structure, lot, or development shall be considered nonconforming and shall be controlled by the provisions of § 1.6: Nonconformities.

1.6.1.

Purpose.

A.

This section governs uses, structures, lots, and site features that came into existence legally prior to the effective date of this UDC or the effective date of any future amendments to this UDC and remained in continuous use from the time of their inception but do not now comply with or conform to one or more requirements of this UDC, as amended. All such situations are collectively referred to in this UDC as "nonconformities."

B.

Any nonconformity resulting from the initial adoption or future amendment of this UDC, may be continued or maintained only in accordance with the terms of this section. While nonconformities may continue, the provisions of this section are designed to curtail substantial investment in nonconformities to bring about their eventual elimination in order to preserve the integrity of this UDC and the goals of the Town. This section also is intended to recognize the variety of practical issues in bringing nonconforming situations into compliance and give the Town discretion to balance competing demands.

1.6.2.

Regulations applicable to all nonconformities.

A.

Authority to continue.

1.

Nonconformities may continue to be used and occupied, subject to regulations as to the maintenance of premises and conditions of operations set forth in this section, unless such nonconformity is terminated as provided in this section.

2.

Nonconformities shall not be modified in any way that increases the degree of nonconformity.

3.

The right to continue nonconformities shall be subject to regulations prohibiting nuisances and shall be terminated when such use constitutes a nuisance. Such nonconformities shall be subject to such reasonable regulations as the Board of Zoning Adjustment may require to protect adjacent property and shall be subject to the specific nonconformity regulations herein contained.

4.

A nonconformity shall lose its nonconforming status when a use, structure, or site improvement modifies a nonconformity without being lawfully authorized in accordance with the provisions of this UDC. Such use and/or structure shall therefore cease all operations until such time that the required plans and/or permits are approved.

B.

Determination of nonconformity status. The burden of establishing the existence of a nonconformity shall be solely on the owner of the property containing the nonconformity. Valid and compliant nonconforming status is an affirmative defense to violations of this UDC.

C.

Maintenance and minor repair. Maintenance and minor repairs of nonconformities are permitted and encouraged, provided that the maintenance and repairs do not increase the degree of nonconformity. Maintenance and minor repairs include the following:

1.

Maintenance of land to protect against and mitigate health and environmental hazards;

2.

Repairs necessary to maintain and to correct any damage or deterioration to the structural soundness of, or the exterior or interior appearance of, a structure without expanding the height or footprint of the structure, unless compliant with this UDC;

3.

Repairs that are required to remedy unsafe conditions; and

4.

Repairs necessary to comply with current Building Code requirements.

D.

Change of ownership or tenancy. Changes in ownership, tenancy, or management of property (that do not include changes in occupancy or operation) with an existing nonconformity may occur, but such nonconformities shall continue to be subject to the standards of this section.

E.

Change or elimination of nonconformity. A Change or Elimination of Nonconformity application as set forth in § 2.6.7 is required:

1.

For all applications described in §§ 1.6.2.C and 1.6.2.D above; and

2.

To provide evidence of and confirm the loss of nonconforming status as described in § 1.6.2.A.4.

F.

Compliance to the maximum extent practicable. Where compliance with the requirements of this UDC is precluded by a lack of sufficient developable area due to the size and disposition of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, hazard areas, or other significant environmental constraints, the applicant shall comply with the requirements of this section to the maximum extent practicable, as determined by the Director.

G.

Nonconformity due to outside action. Where the acquisition of right-of-way or a portion of the property, by eminent domain, dedication or purchase, by a Town, county, state, or federal agency creates noncompliance of a lawful existing use, structure, lot, or site feature, such uses, structures, lots, or site features shall be deemed lawful despite a deficiency in required development standards created by the acquisition. Such designation shall apply only to noncompliance that results directly from the acquisition of right-of-way.

1.6.3.

Nonconforming uses. Nonconforming uses of land or structures are subject to the following additional limitations:

A.

Limitation on continuation of nonconforming uses.

1.

A nonconforming use may be extended throughout the same building, provided that:

a.

The nonconforming use does not constitute a nuisance;

b.

No structural alteration of the building (or portion of such building containing the nonconforming use in the case of buildings with multiple uses) shall be permitted;

c.

No additional dwelling units shall be permitted in the building; and

d.

No additional nonresidential units and/or uses shall be permitted.

2.

Any existing occupied single-family residential dwelling that is deemed to be a nonconforming use may make improvements to the main and accessory structure so long as improvements do not increase the degree of nonconformity.

3.

No additional structure not conforming to the requirements of this UDC shall be erected in connection with the nonconforming use of land or building.

4.

Whenever a nonconforming use of land or a building has been replaced with a conforming use, the special equipment and furnishings particular to the nonconforming use have been removed from the premises and have not been replaced for a continuous period of six months, the nonconforming use shall be considered discontinued and future use of the land or building shall comply with this UDC.

5.

A building occupied by a nonconforming use that has been destroyed by fire or extreme weather shall not be reconstructed or rebuilt to conform with the provisions in this section. In the case value, the Building Official shall issue a permit for reconstruction. If greater than 50 percent, the building shall be made to conform with this UDC.

B.

Change of use.

1.

A nonconforming use shall not be changed to another nonconforming use.

2.

A nonconforming use, if changed to a conforming use, may not be subsequently changed back to any nonconforming use unless otherwise permitted by this UDC.

1.6.4.

Nonconforming structures. Nonconforming structures are subject to the following additional limitations:

A.

A nonconforming structure may only be expanded pursuant to § 1.6.2.C: Maintenance and Minor Repair, and any such expansion shall be in full compliance with this UDC.

B.

No nonconforming structure may be enlarged or altered in a way that increases the nonconformity of the structure, but any structure or portion of a structure may be altered to decrease the nonconformity of the structure.

C.

Whenever a nonconforming structure is discontinued for six months or more, all nonconforming rights shall cease, and the use of the premises or the structure shall be in conformance with this UDC. A nonconforming structure shall be considered discontinued if the property or structure is vacant and no attempt to market the property is observable on the property or from the exterior of any structure, or that the property or structure is vacant and City taxes owed on the property are delinquent.

D.

A nonconforming structure that has been destroyed by fire or extreme weather shall not be reconstructed or rebuilt except to conform with the provisions in this section. In the case of partial destruction by fire or other causes, not exceeding 50 percent of its current replacement value, the Building Official shall issue a permit for reconstruction. If greater than 50 percent, the building shall be made to conform with this UDC.

E.

The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes substandard under any applicable ordinance of the Town and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds 50 percent of the replacement cost of such structure on the date that the Building Official determines that such structure is substandard according to life/safety measures identified in the Building Code. In determining the replacement cost of any nonconforming structure, the cost of the land or any factors other than the nonconforming structure itself including foundation shall not be included.

1.6.5.

Nonconforming lots. A nonconforming lot that was made nonconforming by virtue of enactment of this UDC may be used for construction of a building or structure allowed in the applicable zoning district, provided that all other zoning district and dimensional standards are met.

1.6.6.

Nonconforming site features.

A.

Applicability.

1.

For purposes of this section, the term "nonconforming site feature" includes, but is not limited to, any driveway, off-street parking or loading areas, buffer, landscaping, screening, or exterior lighting element that lawfully existed in accordance with regulations in place prior to the effective date of this UDC. Site features required by this UDC that do not exist after the effective date of this UDC are also considered nonconforming site features.

2.

A nonconforming site features may continue to exist even though it does not conform to current applicable standards of this UDC, subject to the requirements of this section.

3.

No action shall be taken that increases the degree of the nonconformity of a site feature.

B.

Nonconforming parking.

1.

Continuation of nonconforming parking. Any parking spaces or parking lot access to public rights-of-way lawfully existing on the effective date of this UDC that are made nonconforming by virtue of enactment of this UDC shall be allowed to continue, provided that:

a.

If a change or expansion of a nonconforming use or structure is allowed under § 1.6.3: Nonconforming Uses or § 1.6.4: Nonconforming Structures, the additional number of parking spaces required to serve the changed and expanded area shall be provided in accordance with § 5.5: Parking and Loading. For purposes of this provision, a change of use shall include reversion to a use that previously existed on a site but has not operated in more than six months.

b.

Nonconforming parking areas shall not be expanded, except pursuant to § 1.6.6.B.2 below.

2.

Upgrading nonconforming parking. Nonconforming off-street parking facilities shall be upgraded to comply with this UDC's minimum parking lot design requirements in § 5.5.7: Vehicle Parking Layout and Design and landscaping requirements in § 5.6.4.D: Parking Area Landscaping, when any development occurs that would result in an addition to or expansion of one or more buildings or structures that would increase the total gross floor are of the buildings or structures by more than 50 percent.

C.

Nonconforming buffers, landscaping, screening, and exterior lighting.

1.

Upgrading of nonconforming features required for certain development. Prior to the issuance of a Certificate of Occupancy, nonconforming features landscape buffers, landscaping, screening elements, and exterior lighting shall be upgraded to comply with this UDC's applicable standards for such features if any of the following development activities are proposed for the site containing the nonconforming site feature:

a.

An increase in the total square footage of the vehicular use area, including parking, loading, circulation, and driveway areas;

b.

A structural addition that increases the combined total gross floor area of all existing enclosed structures by more than 500 square feet or 20 percent, whichever is less;

c.

Building elevation changes involving 50 percent or more of the exterior walls of an enclosed structure on the property within a two-year period, excluding minor cosmetic maintenance such as painting or replacing lighting fixtures;

d.

The demolition of a building containing a principal use or the demolition of a suite or unit in a multitenant building;

e.

As determined by the Director, any request for a Zoning Map amendment, regardless of whether the nonconforming site feature is proposed to be changed; and/or

f.

Expansion of outdoor operations, storage, or display areas on a site containing nonconforming buffers or screening that increases the gross square footage of such areas by more than 50 percent shall require upgrading to offset a corresponding percentage of the buffer or screening nonconformity, as determined by the Director.

2.

Alternatives to upgraded landscaping authorized. In meeting the upgrading requirements above, a reduction in the count, configuration, or location of required landscaping materials may be allowed for nonconforming buffers, landscaping, screening, and exterior lighting when alternatives are justified by site or development conditions as determined by the Director of Parks and Recreation. Conditions justifying approval of alternatives include:

a.

Natural conditions, such as watercourses, natural rock formations, or topography;

b.

The likelihood that required landscaping material at maturity would not achieve the intent of this UDC due to topography, placement, or other existing site conditions;

c.

Unique lot size or configuration;

d.

Challenges associated with infill development, reuse, or redevelopment on small lots;

e.

The presence of existing utility or other easements;

f.

The potential for interference with public safety;

g.

Preservation of natural vegetation; or

h.

Other situations where strict adherence to the buffer or landscaping standards in this UDC are determined impractical by the Director.

3.

Alternative landscape plan approval criteria. The Director of Parks and Recreation may approve alternative landscape plans that do not meet the specific requirements stated in this § 1.6.6, when they determine that the alternatives meet the following criteria:

a.

Are consistent with the purposes of this § 1.6.6;

b.

Do not include invasive vegetation included in an adopted Town, county, or state list of prohibited or invasive species;

c.

Provide equal or superior buffering of adjacent properties from anticipated impacts of the proposed development; and

d.

Provide equal or superior visual appearance of the property when viewed from a public right-of-way.

1.7.1.

Purpose.

A.

Activities constituting a violation. Any person who violates any provision of this UDC or assists in the commission of any violation shall be guilty of a misdemeanor and shall be subject to a fine as provided in § 1.7.4: Penalties and Remedies. Each of the following activities constitutes a violation of this UDC:

1.

Activity inconsistent with UDC. Any construction, reconstruction, remodeling, alteration, maintenance, expansion, movement, or use of any land, building, structure, or sign that is inconsistent with this UDC.

2.

Activity inconsistent with a permit or approval. Any development, use, or other activity that is in any way inconsistent with the terms or conditions of any permit or approval required to engage in such activity under this UDC.

3.

Illustrative examples of violations. Example violations of this UDC include, but are not limited to:

a.

Increase the density or intensity of any use or structure except in accordance with the requirements of this UDC;

b.

Reduce or diminish the lot area, setbacks, buffers, landscaping, trees, open space, or other standards below the minimum requirements established by this UDC;

c.

Failure to install, improve, or maintain any public or private improvements required by the terms of any permit or approval;

d.

Failure to abide by conditions of any approval or agreements executed in association with an approval;

e.

Failure to comply with applicable requirements for a certificate of occupancy or Building Permit; or

f.

Failure to obtain any required permit.

B.

Continuing violations. Any violation of this UDC shall be considered a separate offense for each day during any portion of which any violation of this UDC is continued past the date of the issuance of notice of violation, with each violation punishable in accordance with § 1.7.4: Penalties and Remedies.

C.

Prior violations. Violations of the prior development regulations are continued in effect and are not excused by the adoption of this UDC. If a development or activity in violation of the prior development regulations fully complies with this UDC, that development or activity shall no longer be deemed a violation.

D.

Persons liable. The owner, tenant, or occupant of any building or land, or any part thereof, and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this UDC or a permit or approval issued pursuant to this UDC, may be held responsible for the violation and be subject to the penalties and remedies provided in this section.

1.7.3.

Enforcement actions.

A.

Responsibility for enforcement. The Director shall be entitled to enforce the provisions of this UDC, any amendment hereto, and any order or regulation made hereunder. It shall be unlawful for any person to hinder, prevent, delay, or interfere with authorized enforcement personnel in the performance of their duties. This shall not be construed as an attempt to prohibit the pursuit of any legal or equitable remedy in a court of competent jurisdiction for the protection of personal or property rights by any property owner within the Town.

B.

Investigation. Whenever the Director or other enforcement authority receives a complaint alleging a violation of this UDC or a permit or approval issued under this UDC, the enforcement authority shall investigate the complaint and identify any enforcement action that may need to be taken.

C.

Procedures upon discovery of violations.

1.

If the Director finds that any provision of this UDC is being violated, they shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The notice shall advise that the Director's decision or order may be appealed to the Board of Zoning Adjustment, pursuant to § 2.10.4: Appeal of Administrative Decision.

2.

If the person responsible for the violation does not take action to correct the violation or to appeal the notice of violation within ten days of the first notice, additional written notices that state the action the Director intends to take if the violation is not corrected will be sent at the Director's discretion.

3.

When a delay would seriously threaten the effective enforcement of this UDC, or pose a danger to the public health, safety, and welfare, the Director may immediately issue an order for compliance by personal service, posting of the property, or certified mail.

D.

Continuation of prior enforcement actions. Nothing in this UDC shall prohibit the continuation of previous enforcement actions undertaken by the Town pursuant to previous regulations.

1.7.4.

Penalties and remedies.

A.

Fines. Any violation of this UDC shall be subject to a fine as provided in § 1-7 of the Code of Ordinances.

B.

Deny, withhold or revoke entitlements. The City may utilize any enforcement remedies available in compliance with state law in order to gain compliance with the standards of this UDC. Remedies include, but are not limited to: deny, withhold or revoke permits; ordering repair, removal, replacement, or alteration; fees/fines; or ordering discontinuance of those features or uses found to be out of compliance with this UDC.

C.

Stop-work orders.

1.

The Building Official or Director may issue a stop-work order whenever any building, structure, site, or portion of a building, structure, or site is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, in substantial violation of any state or local building law, or in a manner that endangers life or property.

2.

The Director may issue stop-work order on any property with an uncorrected violation of this UDC or approval issued under this UDC.

3.

A stop-work order shall be in writing and directed to the person doing the work and shall specify the provision of this UDC or other law in violation.

4.

If a stop-work order is issued, no work shall proceed on any building, structure, site, or portion of a building, structure, or site subject to the order except to correct a violation or to comply with the order.

5.

Once conditions cited in the stop-work order have been adequately addressed, the Building Official or Director shall rescind the stop-work order.

A determination by a court of competent jurisdiction that any section, paragraph, subdivision, clause, phrase, or provision of this UDC is unconstitutional or invalid does not make the remainder of the UDC unconstitutional or invalid. A determination by a court that the application of this UDC to a particular structure or parcel of land is unconstitutional or invalid does not apply to any other structure or parcel of land.

1.9.1.

Purpose. This section describes the organization, powers, and duties of the offices responsible for the administration of this UDC.

1.9.2.

City council. The City Council shall have all powers granted to it by the Municipal Charter. In the administration and enforcement of this UDC, the City Council has the review and decision authority as shown in § 2.3: Summary Table of Review Procedures.

1.9.3.

Duties and authority. The Planning and Zoning Commission is hereby charged with the duty and invested with the authority to:

1.

Exercise the powers set forth in TLGC § 211.007.

2.

Review and make recommendations or decisions as shown in § 2.3: Summary Table of Review Procedures pursuant to the application-specific procedures outlined in this UDC.

3.

Conduct related business and make other recommendations on matters that are specifically requested, assigned, or required by the City Council or Director.

4.

Review and submit each year a progress report prepared by the Director of Development and Neighborhood Services to the City Council summarizing its activities, major accomplishments for the past year, and a proposed work program for the coming year.

5.

Adopt rules to govern its proceedings provided that such rules comply with state law or the provisions of the Code of Ordinances.

B.

Officers. The commission shall elect a chairperson and vice-chairperson from among its members. The commission shall also elect any elect any other officers as it deems necessary either from its membership or from staff representatives assigned by the City Manager to work with the commission.

C.

Compensation. Planning and Zoning Commission shall be compensated as determined by the Town.

D.

Meetings.

1.

All meetings of the commission shall be open to the public, otherwise specified for closed and executive sessions in the Texas Open Meetings Act.

2.

The dates, time, and place of commission meeting shall be set by the commission in consultation with Town officials.

3.

All proceedings of the commission shall be recorded in minutes of meetings, and such minutes be approved by the commission and made matter of public record.

E.

Appointment, removal, vacancy and reappointment. See § 2-310 of the Code of Ordinances.

F.

Initial appointments and terms. See § 2-311 of the Code of Ordinances.

1.9.4.

Board of Zoning Adjustment. A Board of Zoning Adjustment is hereby established in accordance with the provisions of TLGC § 211.008 et seq., regarding the zoning of cities and with the powers and duties as provided in said statutes.

A.

Duties and authority.

1.

The Board of Zoning Adjustment shall have the review and decision authority as shown in § 2.3: Summary Table of Review Procedures pursuant to the application-specific procedures outlined in this UDC including the review of adjustments related to numerical dimensional development standards.

2.

The Board of Zoning Adjustment also has the powers and duties permitted under TLGC § 211.009.

3.

In exercising its powers, the board may, in conformity with the provisions of TLGC Chapter 211, revise or reform, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.

4.

The Board of Zoning Adjustment shall serve as the Board of Appeals and issue appeals in accordance with the City's adopted Building and Fire Codes. When serving as the Board of Appeals, the Board of Zoning Adjustment shall be subject to the rules set forth in the applicable sections of the Code of Ordinances.

B.

Meetings.

1.

Meetings of the Board shall be held at the call of the Director. The Chairperson may administer the oath and compel the attendance of witnesses.

2.

All meetings of the Board shall be open to the public, unless otherwise specified for closed and executive sessions in the Texas Open Meetings Act.

3.

The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Development and Neighborhood Services Department and shall be of public record.

4.

A decision of the Board shall be in writing and shall be filed in the Board's office and with the Director on the day of the decision.

C.

Appointment, removal, vacancy and reappointment. See § 2-315 of the Code of Ordinances.

D.

Initial appointments and terms. See § 2-316 of the Code of Ordinances.

E.

Record of petition. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Zoning Adjustment or any taxpayer or any officer, department, or board of the municipality may present a verified petition to an authorized court of record in conformance with TLGC § 211.0011, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the Development and Neighborhood Services Department and not thereafter.

1.9.5.

Director of Development and Neighborhood Services.

A.

The Director shall have the authority to review and make decision as shown in § 2.3: Summary Table of Review Procedures pursuant to the application-specific procedures outlined in this UDC.

B.

The Director shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out their duties in the enforcement of this UDC. The Director may apply to the municipal court or other court of competent jurisdiction for such rights-of-entry or search warrants as may be required by law to carry out the foregoing duties.

1.9.6.

Floodplain Administrator. The Floodplain Administrator is appointed by the City Manager to administer and implement the standards set forth in § 5.3: Floods and other appropriate sections of Title 44 of the UDC of Federal Regulations (National Flood Insurance Program Regulations) pertaining to floodplain management.

A.

Duties and responsibilities. Duties and responsibilities of the Floodplain Administrator include, but are not limited to, the following:

1.

Maintaining for public inspection all records pertaining to the provisions of § 5.3: Floods.

2.

Reviewing permit applications to determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding.

3.

Reviewing all applications for development permits required by this article to determine that all permit requirements have been satisfied.

4.

Reviewing permits for proposed development to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies (including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.

5.

Making interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).

6.

Notifying adjacent communities and the Texas Water Development Board prior to any alteration or relocation of a watercourse, and submitting evidence of such notification to the Federal Emergency Management Agency (FEMA).

7.

Assuring that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

8.

Obtaining, reviewing, and reasonably utilizing any base flood elevation data and floodway data available from a federal, state, or other source, in order to administer this article, when base flood elevation data has not been provided in accordance with § 42-37.

9.

Requiring that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the FIRM when a regulatory floodway has not been designated, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the Town.

10.

Under the provisions of Title 44, Chapter 1, § 65.12 of the National Flood Insurance Program regulations in the Code of Federal Regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first completes all of the provisions required by § 65.12 of the Code of Federal Regulations.

1.9.7.

Director of Parks and Recreation. The Director of Parks and Recreation shall review and comment on:

A.

Landscape plans pursuant to § 5.6.3: Landscape Plans and landscape inspections;

B.

Tree permits pursuant to § 5.6.6.C: Tree Permit; and

C.

Proposed parkland dedications, park development fees, and park Site Plans pursuant to § 6.4.7: Dedication of Land for Parks, Trails, and Recreational Areas and Assessment of Park Development Fees.

1.9.8.

Director of Public Works and Engineering and City Engineer. The Director of Public Works and Engineering and/or City Engineer shall review and comment on:

A.

The design, construction, and inspection of public infrastructure required or proposed as part of an application for subdivision;

B.

Minor and major Traffic Impact Analysis;

C.

Parking studies;

D.

Drainage studies;

E.

Utility studies;

F.

Site development permits;

G.

Flood hazard development permits; and

H.

Civil engineering plans.