Anna City Zoning Code
Division 5
Procedures
§ 9.04.050 General procedures.
(a)
Purpose.
The purposes of this division are to:
(1)
Establish the appropriate workflows associated with each land development process; and
(2)
Ensure that processes comply with state law; and
(3)
Assign decision-making authority, completeness review, and deadlines to ensure that the processes are efficient and fair to applicants; and
(4)
For discretionary or legislative decisions, provide notice and an opportunity to be heard by persons affected by the application.
(b)
General procedural requirements.
(1)
Applicability.
This section establishes rules and procedures for specific land use decisions under the jurisdiction of the city council, planning and zoning commission, board of adjustment, and city staff (where applicable), and administrative decisions.
(2)
Procedures.
This section sets up rules for procedures, such as notices and public hearings. It then describes the process for specific land use decisions. The procedures have a common workflow and description per Table 36: Procedural Components.
Table 36: Procedural Components | |
|---|---|
Component | Meaning |
Applicability | The type of development or situation that is subject to the process. |
Initiation | This is how the applicant begins the process, including which department or official receives the application. |
Completeness | This is how the city determines that the application has sufficient information to be processed. |
Notice and hearings | This describes the type of notice, how it is provided, and the conditions of any applicable required public hearings |
Decision | This states who approves the application and the type of proceeding that leads to the decision. |
Standards | These are any standards that apply to the application. All applications are subject to this zoning ordinance. |
Subsequent applications | If an application is denied, some processes have a waiting period before that type of application can be resubmitted for the property. |
Appeals | This provides a way to review an application that is denied or that has conditions that the applicant disagrees with. |
Scope of approval | This indicates what activity the application authorizes. For example, some approvals send the applicant to the next step in the overall process, while others authorize construction or use. |
Recordkeeping | This states how the formal decision of approval is maintained. |
(3)
Authority table.
Table 37: Authority Table summarizes the major review procedures for land use applications and development activity in the city's corporate limits and who acts on those applications. Not all procedures addressed in this article are summarized in this table (see subsequent sections of this division for additional details on each procedure).
Table 37: Authority Table | ||||||||
|---|---|---|---|---|---|---|---|---|
Application Type | Notice | Authority | ||||||
Publication | Mail | Website | Signs | Director | PZ Commission | City Council | Board of Adjustment | |
Rezoning | Y | Y | Y | Y | R | R | D | — |
Specific Use Permit | Y | Y | Y | Y | R | R | D | — |
Text Amendment | Y | Y*** | Y | — | R | R | D | — |
Concept Plan* | N | N | N | N | R | D | A | — |
Preliminary Site Plan** | N | N | N | N | R | D | A | — |
Site Plan | N | N | N | N | D | A | — | — |
Variance | N | N | N | N | R | — | — | D |
Interpretation | N | N | N | N | D | — | — | A |
Key | Y = Yes N = No R = Review and recommend D = Decision (a decision includes the review of the application) A = Appeal decision |
Notes | * = Any concept plan associated with a rezoning or specific use permit request requires a Planning And Zoning (PZ) Commission recommendation followed by City Council approval. ** = Any preliminary site plan associated with a rezoning or specific use permit request requires a Planning and Zoning (PZ) Commission recommendation followed by City Council approval. |
*** = If a text amendment to land uses would change an existing business/property to a nonconforming land use, the property owner and tenant must be notified. |
(c)
Pre-application.
(1)
Applicability.
These requirements apply to any application if the applicant elects to request a pre-application meeting with the city.
(2)
Initiation.
Before filing an application subject to this section, the applicant shall request a meeting with the staff committee concerning the plans and data as specified in this zoning ordinance.
(3)
Staff committee.
The purpose of the staff committee is to assist an applicant prior to the submittal of an application, to coordinate the technical aspects of development, and to advise the city manager concerning planning and development issues.
(4)
Scheduling.
Any applicants wishing to discuss a development proposal with the staff committee shall advise the director at least seven (7) calendar days prior to the meeting.
(5)
Pre-application meeting.
(A)
The pre-application Meeting shall include the following:
(B)
The applicant shall provide a brief overview of the project, including proposed location, uses, densities, project layout, and design features.
(C)
The director will provide information and comments at the pre-application meeting, but will not take formal action on the application. In addition to provision of verbal information, the director may provide a pre-application meeting checklist.
(D)
The applicant's and staff committee's comments are for purposes of information, but are not binding on either the city or the applicant.
(6)
Documentation.
(A)
During the meeting, the director may review and complete an informational checklist, based on the scope of the application.
(B)
The director will record in writing and provide the applicant with any pertinent information concerning the project scope, as described by the applicant, as well as verbal guidance provided by city staff.
(d)
Submitting applications.
(2)
Completeness review.
(A)
The director will not process incomplete applications.
(B)
An application is not complete until all required items are submitted (see the application's checklist).
(C)
When applications are filed, the director will review them for completeness.
(D)
The time period to process an application does not commence until the director determines that the application is properly submitted and the applicant has corrected any deficiencies in the application.
(E)
Review for completeness of application forms is solely to determine whether information required for submission with the application is sufficient to allow further processing.
(F)
The director will determine whether the application is complete and will transmit the determination to the applicant. If the director determines that the application is not complete, the director will specify those parts of the application that are incomplete and will indicate how they can be made complete, including a list and description of the information needed to complete the application. The director and the decision-making body are not obligated to further review the application until the required information is corrected. For applications subject to section 9.04.051 and section 9.04.052, the application is not considered filed and is denied.
(G)
The director or the approving authority may provide submission deadlines for materials required in support of any application provided for in any checklist. Compliance with those deadlines is required to have the application placed on an agenda to be heard by the approving authority.
(e)
Noticing.
(1)
Generally.
(A)
This zoning ordinance, in conjunction with those regulations set by state law, establishes various requirements for public notice.
(B)
Noticing shall meet the minimum requirements established in Texas Local Government Code § 211.007(c), including the 200-foot notification and 20% protest requirements.
(C)
Table 38: Notice Type, along with subsection (2) below, describes the various types of notice and their contents. More specific notice requirements may be prescribed in each procedural section.
Table 38: Notice Type | |
|---|---|
Notice Type | Description |
Publication | The director will publish in an official newspaper or a newspaper of general circulation in the city. |
Mail | The director will mail the notices. Notice is served by its deposit in the city, properly addressed with postage paid, in the United States mail. Regular mail is sufficient, unless certified mail is required by a specific process or state law |
Electronic | The city may communicate with the applicant or persons requesting notice by electronic transmission. Electronic transmission may include e-mail, or communication through social media or online notification procedures established by the director. |
(2)
Required information.
Notice shall include the following information, unless the process includes a different requirement:
(A)
A synopsis of the proposed ordinance or application;
(B)
Time, date, and place of the public hearing or meeting;
(C)
The type of land use or development decision that is being considered;
(D)
If a public hearing is required, a statement that at the time and place of the hearing all persons who desire will have an opportunity to be heard in opposition to or in favor of the ordinance or application;
(E)
A point of contact within development services; and
(F)
Development services' website address (URL).
(3)
Notice sign posting.
(A)
One sign shall be posted on the property to be rezoned. Dimensions shall meet the minimum requirements established in Texas Local Government Code, § 211.
(B)
This sign(s) shall, if possible, be located adjacent to streets.
(C)
This sign(s) shall be erected no less than 10 days before the Planning and Zoning Commission holds a public hearing and shall be removed within 15 days after final action by the City Council or when the applicant withdraws the request, whichever comes first.
(D)
The sign shall contain a notice of a zoning change and the telephone number of the public office from whom dates of public hearings may be obtained.
(4)
Failure to provide notice.
The failure to provide any notice not otherwise required under state law does not affect the validity of any action undertaken pursuant to this zoning ordinance, and no person may challenge an action for lack of notice where the city has complied with the applicable state law governing notice.
(f)
Staff review.
(1)
Review by other departments and agencies.
The staff may forward copies of the application to various local, state and/or federal agencies and departments for their review and comment. The director may ask the reviewers to respond in writing or attend an application review meeting with the staff.
(2)
Staff review.
The staff shall review the application and supporting information. This may occur in a meeting with the applicant and representatives of other agencies or departments, as described in subsection (1) above. After reviewing the information, staff shall prepare a report summarizing the information for the reviewing bodies and providing a recommendation for action and any proposed conditions. The applicant or other interested parties may obtain a copy of the staff report from the department before the hearing at which the application is scheduled to be heard.
(3)
Staff report.
If an individual section of this division (and where permitted by state law) delegates to staff the authority to approve, approve with conditions, or deny an application, the staff report may include a written decision to that effect.
(g)
Decision-making and public hearings.
(1)
Purpose.
The purpose of a public hearing is to allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application, and to rebut evidence presented by others.
(2)
Rules of procedure.
The city council and planning and zoning commission may adopt rules of procedure for public hearings.
(3)
Action.
Reviewing bodies shall hold regularly scheduled public hearings to receive and review public input on items required by this zoning ordinance. Decisions and recommendations should be rendered in a timely manner, based upon the specific requirements of these regulations and following:
(A)
Conformance with these regulations, the comprehensive plan, and other adopted plans, design guidelines and policies;
(B)
Recommendations of staff and recommending bodies;
(C)
Input of reviewing agencies and departments;
(D)
Public comment and testimony received at the hearing; and
(E)
Effects of the proposal on the neighborhood, area, and community-at-large.
(4)
Authority to condition development approvals.
(A)
After review of the application, other pertinent information or documents, and any evidence made part of the public record, the recommending and decision-making bodies may impose conditions that are reasonably necessary to assure compliance with applicable general or specific standards expressed in these regulations.
(B)
The director shall include a copy of the conditions with the record of decision.
(C)
The applicant shall be notified of any conditions imposed on the application.
(h)
Tabling.
(1)
Purpose.
This section allows for the tabling of applications as needed to collect additional information, or to engage in further review.
(2)
Applicant request.
An applicant may request to table any application in writing for a future meeting date.
(3)
Director request.
The director may request to table any application for further review and consideration. In that case, the director shall provide notice and explanation to the applicant in writing before the meeting at which the application is scheduled for hearing. Notice of the tabling will be given at the beginning of the scheduled meeting.
(i)
Application withdrawal.
(1)
Generally.
An application may be withdrawn at any time prior to formal consideration by the reviewing body.
(2)
Fees.
Withdrawal of an application after the determination of completeness results in the forfeiture of fees.
(3)
No public hearing required.
If no public hearing is required, the applicant should give notice of the withdrawal to the director at the earliest possible time. This allows the director to notify other applicants of an agenda change.
(4)
Public hearing required.
If a public hearing is required, an applicant may request a withdrawal from the director at any time prior to the opening of the hearing. Once the public hearing is opened, the reviewing body shall decide whether to approve the request and may instead act on the application.
(j)
Scope of approval.
(1)
Generally.
The reviewing body may take any action on the application that is consistent with the notice given, including approval of the application, conditional approval of the application, or denial of the application.
(2)
Amendments.
The reviewing body may allow amendments to the application if the effect of the amendment is to reduce the density or intensity of the original application, reduce the impact of the development, or reduce the amount of land involved from that indicated in the notices of the hearing. The reviewing body may not permit a greater amount of development, a more intensive use, a larger area of land than indicated in the original application, or a greater variance than was indicated in the notice.
(k)
Protest against change.
In case of a protest against a change signed by the owners of 20% or more either of the land included in the proposed change, or of the land within 200 feet of the subject property, excluding any intervening public street, an amendment shall not become effective unless by a favorable vote of 3/4 of all the members of the city council present and qualified to vote.
(l)
Post-decision proceedings.
(1)
Minor revisions.
(A)
The director may approve minor revisions to the terms of an application approval. "Minor revisions" are those that are necessary in light of technical considerations discovered after the decision on the development application, and which do not substantively change the character of the development approval.
(B)
Minor revisions must be authorized in writing.
(C)
Minor revisions are subject to appeal to the planning and zoning commission. On appeal, no further action will be taken to process the application, and/or issued permits are stayed pending the planning and zoning commission's determination.
(2)
Major revisions.
(A)
A major revision is any revision that the director determines is not a minor revision.
(B)
A major revision is approved by the original decision-maker and is required in accordance with the procedures established for the original consideration of the application.
(C)
In making a determination, the director may seek a recommendation from any recommending body involved in the original application process.
(m)
Appeals.
(1)
Generally.
A party with standing may seek judicial review pursuant to Texas Local Government Code § 211.011.
(2)
Appeals to the city council.
(A)
Appeals may be taken to and before the city council by any person aggrieved, or by any officer, department, board, or bureau in the city for any previous decision not made.
(B)
An appeal shall be made by submitting to the city secretary a notice of appeal and specifying the appeal's grounds.
(C)
The office or department from which the appeal is taken shall transmit to the city council all of the papers constituting the record from which the action appealed was taken.
(D)
An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the city council that, by reason of facts in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted or by a court of equity, after notice to the office from whom the appeal.
(E)
The city council shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of that hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which an appeal is desired, and to all other persons deemed by the board to be affected by the appeal. These owners and persons shall be determined according to the current tax rolls of the city.
(Ordinance 1068-2023-08 adopted 8/22/2023; Ordinance 1170-2025-09 adopted 9/23/2025)
§ 9.04.051 Entitlement and ordinance procedures.
(a)
Rezoning.
(1)
Applicability.
This section applies to the change in the zoning classification of individual properties.
(3)
Completeness.
See section 9.04.050(d)(2).
(4)
Notice and hearing(s).
(A)
Noticing shall comply with section 9.04.050(e) and Texas Local Government Code § 211.007(c), as applicable.
(B)
Two public hearings are required and shall comply with section 9.04.050(g).
(5)
Decision.
(B)
Planning and zoning commission recommendation.
The planning and zoning commission shall conduct a public hearing on the rezoning. The planning and zoning commission shall submit its recommendation to the city council:
(C)
City council.
The city council shall consider the rezoning at a public hearing after a recommendation has been provided by the planning and zoning commission. After the hearing is closed, the city council shall, by ordinance:
(6)
Standards.
In its review of an application for rezoning, the city council shall consider the following standards. No single factor is controlling. Instead, each is weighed in relation to the other standards. If the planning and zoning commission finds that a rezoning is inconsistent with the land use element of the comprehensive plan, the application shall not be considered until a recommendation regarding a comprehensive plan amendment for the proposed zoning amendment is forwarded to the city council, either prior to or concurrently with the proposed zoning amendment.
(A)
Consistency.
The city council does not redetermine the city's policy of comprehensive zoning. The city's zoning map shall not be altered for the special benefit of the landowner when the change will cause substantial detriment to the surrounding lands or serve no substantial public purpose.
(B)
Adverse impacts on neighboring lands.
The city council shall consider the nature and degree of an adverse impact upon neighboring lands. Lots shall not be rezoned in a way that is substantially inconsistent with the uses of the surrounding area, whether more or less restrictive. Further, the city council finds and determines that vast acreages of single-use zoning produce uniformity with adverse consequences such as traffic congestion, air pollution, and social alienation. Accordingly, rezonings that promote mixed uses subject to a high degree of design control are not necessarily deemed to be inconsistent with neighboring lands and shall be considered.
(C)
Suitability as presently zoned.
The city council shall consider the suitability or unsuitability of the tract for its use as presently zoned. This factor, like the others, must often be weighed in relation to the other standards, and instances can exist in which the use for which land is zoned may be rezoned upon proof of a real public need or substantially changed conditions in the neighborhood.
(D)
Health, safety, and welfare.
The rezoning must bear a substantial relationship to the public health, safety, morals, or general welfare or protect and preserve historic and cultural places and areas. The rezoning may be justified, however, if a substantial public need exists, and this is so even if the private owner of the tract will also benefit.
(E)
Public policy.
A strong public policy in favor of rezoning may be considered. Examples include a need for affordable housing, economic development, recreational activity, or mixed-use development, which functionally relates to the surrounding neighborhoods.
(F)
Size of tract.
The city council shall consider the size, shape, and characteristics of the tract in relation to the affected neighboring lands. Proof that a small tract is unsuitable for use as zoned or that there have been substantial changes in the immediate area may justify a rezoning.
(G)
Other factors.
The city council may consider any other factors relevant to a rezoning application under Texas law.
(7)
Subsequent applications.
(8)
Appeals.
Not applicable.
(9)
Scope of approval.
The approval of a rezoning does not authorize the development of land. A rezoning allows the applicant to apply for a building permit or concept plan, in the case of uses permitted as of right, or a specific use permit, in the case of uses designated as special uses within the applicable zoning district.
(10)
Recordkeeping.
If the amendment involves changes to the existing zoning district boundaries, the form of the amending ordinance shall contain a narrative description of the land to be reclassified or reference to an accompanying plat of such land showing the new zoning districts and indicating their boundaries. The director shall refer to the attested ordinance as a record of the current zoning status until the zoning map is changed accordingly.
Figure 13: Rezoning Flowchart  |
(b)
Specific use permit.
(1)
Applicability.
This section applies to any application for approval of a use designated as a specific use in Table 19: Use Table.
(2)
Initiation.
The owner or agent of the owner of the property may initiate a specific use permit.
(3)
Completeness.
See section 9.04.050(d)(2).
(4)
Notice and hearing(s).
(A)
Noticing shall comply with section 9.04.050(e) and Texas Local Government Code § 211.007(c), as applicable.
(B)
Two public hearings are required and shall comply with section 9.04.050(g).
(5)
Decision.
(A)
Generally.
All hearing and notification procedures shall comply with Texas Local Government Code § 231.109, as applicable.
(C)
Planning and zoning commission recommendation.
The planning and zoning commission shall conduct a public hearing on the specific use permit. The planning and zoning commission shall submit its recommendation to the city council:
(D)
City council decision.
The city council shall consider the specific use permit at a public hearing after a recommendation has been provided by the planning and zoning commission. After the hearing is closed, the city council shall by ordinance:
(6)
Standards.
The city council will approve a specific use permit only if the applicant demonstrates that:
(A)
The proposed specific use shall comply with all regulations of the applicable zoning district, the provisions of division 2, any applicable use regulations of division 3, and any applicable development standards of division 4 of this zoning ordinance.
(B)
The proposed specific use permit does not have a probable effect on the adjacent property and the community welfare with appropriate regard to the health, safety, and welfare of the general public.
(C)
The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas.
(D)
The proposed use shall not injure the use and enjoyment of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood.
(E)
The public interest and welfare supporting the proposed specific use authorization shall be sufficient to outweigh the individual interests that are adversely affected by the establishment of the proposed use.
(7)
Subsequent applications.
(B)
If the above requirements apply, the applicant shall not submit a specific use permit application for the same specific use permit request on the same property for at least six (6) months.
(C)
The above waiting period begins with the date of the city council's denial of the prior application.
(8)
Appeals.
Not applicable.
(9)
Scope of approval.
(A)
Generally.
The approval of a specific use permit does not authorize the development of land. A specific use permit allows the applicant the right to apply for a building permit, plat, and/or site plan.
(B)
Violations.
Any specific use permit is in violation of this zoning ordinance and shall be suspended or revoked if:
(i)
A court with jurisdiction or a jury finds the holder of the specific use permit guilty of a violation or if a holder of a specific use permit pleads guilty of violating.
(ii)
Any requirement or term or condition of the specific use permit or has not conformed, at any time, with any or all of the requirements or terms or conditions as set out in the specific use permit as approved by the city council.
(iii)
The activity authorized by the specific use permit commences prior to the institution of all conditions imposed by the specific use permit.
(iv)
The use for which the specific use permit was authorized does not commence within (6) six months of the effective date of the specific use permit. The director may grant an extension of up to six (6) months for good cause shown, upon petition of the specific use permit holder.
(v)
The use for which the specific use permit is authorized is discontinued for six (6) consecutive months.
(C)
Notification.
If the use discontinues or fails to commence as stipulated in this zoning ordinance, the director will issue written notification to the property owner. Ten (10) days after issuance of this notice, the director shall issue the permit holder written notification of the specific use permit's official revocation and removal from the zoning map.
(10)
Recordkeeping.
(A)
The specific use permit shall contain a narrative description if the specific use permit is only associated with a portion of a tract of land to be reclassified or reference to an accompanying plat if the specific use permit is associated with the entire tract of land.
(B)
A certified copy of all ordinances authorizing a specific use permit pursuant to this section shall be recorded by and at the expense of the applicant in the name of the property owner as grantor in the county clerk.
Figure 14: Specific Use Permit Flowchart  |
(c)
Zoning ordinance text amendment.
(1)
Applicability.
This section applies to any action of the city council to amend or change the regulations of this zoning ordinance. This includes the regulations, restrictions, and boundaries or classification of property contained within this zoning ordinance or a change to the zoning map initiated by the city council.
(3)
Completeness.
See section 9.04.050(d)(2).
(4)
Notice and hearing(s).
(A)
Noticing shall comply with section 9.04.050(e) and Texas Local Government Code § 211.007(c), as applicable.
(B)
Two public hearings are required and shall comply with section 9.04.050(g).
(5)
Decision.
(A)
Generally.
All hearing and notification procedures shall comply with Texas Local Government Code § 231.109, as applicable.
(B)
Planning and zoning commission recommendation.
The planning and zoning commission shall conduct a public hearing on the text amendment. The planning and zoning commission shall submit its recommendation to the city council:
(C)
City council decision.
The city council shall consider the text amendment at a public hearing after a recommendation has been provided by the planning and zoning commission. After the hearing is closed, the city council shall by ordinance:
(7)
Subsequent applications.
Not applicable.
(8)
Appeals.
Not applicable.
(9)
Scope of approval.
The approval of a text amendment does not authorize the development of land. A text amendment allows property owners to apply for permits or actions consistent with its standards and requirements.
(10)
Recordkeeping.
The zoning ordinance's text amendment shall be codified and published as part of the Anna Code of Ordinances by the city secretary.
Figure 15: Zoning Ordinance Text Amendment  |
(Ordinance 1068-2023-08 adopted 8/22/2023)
§ 9.04.052 Site planning procedures.
(a)
Generally.
(1)
Overview.
(A)
This section establishes a site plan review process for land development. The process involves a series of three plans, progressing from a general evaluation of a site and development concept to approval of a detailed development plan.
(B)
The first plan in the series is a concept plan. This plan establishes a general schematic for site development, primarily focusing on vehicular access and circulation. Concept plans may be used to separate large properties into parts for phasing site planning and development.
(C)
The second plan in the series is a preliminary site plan. This plan presents more detailed information on building layout, parking, drives, landscaping, screening, and other site improvements. Preliminary site plan approval assures the applicant that the general layout is acceptable before proceeding with detailed engineering and design.
(D)
Site plan approval is the final step in the process. A site plan is a detailed, scaled drawing of all surface improvements, structures, and utilities proposed for development. Site plan approval is required before engineering plans and building permits are released.
(E)
Concept plans, preliminary site plans, and/or site plans that are submitted as a part of a rezoning or specific use permit request require review and approval by the planning and zoning commission and city council.
(F)
Concept plans, preliminary site plans, and/or site plans that contain land uses that are in conformance with existing zoning require review and approval by the planning and zoning commission.
(G)
Site plans may be approved by city staff provided that they conform to preliminary plans for the development approved by either the planning and zoning commission or city council.
(2)
Purpose.
The purpose of this process is to:
(A)
Ensure compliance with adopted city development regulations and other applicable regulations for which the city has enforcement responsibility.
(B)
Promote safe, efficient, and harmonious use of land through the application of city-adopted design standards and guidelines.
(C)
Promote stormwater quality planning into the site planning process.
(D)
Protect and enhance the city's environmental and aesthetic quality.
(E)
Ensure adequate public facilities to serve development.
(F)
Prevent or mitigate adverse development impacts, including overcrowding and congestion.
(G)
Aid evaluation and coordination of land subdivision.
(3)
Applicability.
The site plan review process shall apply to:
(B)
Nonresidential development.
(C)
Multifamily residential development.
(D)
Two-family dwelling and single-family dwelling, attached residential use developments and any mixed single-family dwelling, detached residential development that contains single-family dwelling, attached residential dwellings.
(E)
Manufactured home parks.
(F)
Parking lot development, reconstruction, or restriping of more than 20 spaces.
(G)
Single-Family or Duplex Home Parks.
(5)
Submitting applications.
(A)
Before preparing a concept plan, preliminary site plan, or site plan, the applicant shall meet with the city as required in section 9.04.050(c). The purpose of the meeting is to review potential site design before formal submittal. A pre-application meeting checklist can be obtained from the city planning and development webpage.
(B)
Applications for approval of plans required by this article must be submitted to the director. A calendar of official submittal dates for items requiring planning and zoning commission and city council approval shall be published by the city 30 days prior to the beginning of each year. All applications received on a date other than an official submittal date shall be scheduled for consideration on the next official submittal date. An application or plan is considered filed on the date the applicant delivers the application or plan to the development services department or deposits the application or plan with the United States Postal Service by certified mail addressed to the development services department. Complete applications requiring planning and zoning commission and city council approval shall be placed on the meeting agenda of the planning and zoning commission no later than 28 days following the official date of submittal. Items authorized for staff approval may only be submitted at any time during normal office hours. Complete applications authorized for staff approval shall be acted upon by the director within 30 days (see subsection (h)).
(6)
Fees, forms, and procedures.
(A)
Fees shall be established in accordance with section 9.04.003(c).
(B)
The director may establish procedures, forms, and standards with regard to the content, format, graphics, and number of copies of information constituting an application for concept plans, preliminary site plans, and site plans for clarity and consistency of operations. The published procedures, forms, and standards will have the force of ordinance as if fully incorporated herein.
(C)
All site planning checklists of items to be included can be obtained from the city.
(b)
Concept plan.
(1)
Generally.
A concept plan is the initial plan required in the site plan review process. This plan is a general site assessment and development concept. A concept plan defines a basic schematic design for development. The purpose of a concept plan is to:
(A)
Evaluate the site's natural condition, including vegetation, topography, drainage, surface, and subsurface factors affecting the site's development.
(B)
Determine building sites and the use, intensity, bulk, and height of structures to be constructed.
(C)
Locate public streets and rights-of-way, and determine points of ingress and egress between the development and public streets, including median breaks and turn lanes.
(D)
Determine primary routes of vehicular circulation and parking areas internal to the development.
(E)
Delineate development phasing.
(3)
Application procedure and requirements.
(A)
Pre-application.
Before preparing a concept plan, the applicant shall meet with the city as required in section 9.04.050(c).
(B)
Submitting applications.
The property owner or listed project representative shall file an application for the approval of a concept plan as required in section 9.04.050(d).
(C)
(D)
Effect.
Approval of a concept plan by either the planning and zoning commission or city council constitutes authorization by the city for the property owner to submit an application for approval of a preliminary site plan subject to compliance with any condition attached to the approval of the concept plan. As long as the concept plan remains valid, the location of streets, drives, median breaks, and curb cuts shall remain fixed and any subsequently prepared plan for an adjacent property or property located on the opposite face of a public street abutting the site shall coordinate its circulation system to the earlier approved, valid concept plan. Except when authorized, a concept plan may not be used to approve a variance to development regulations. Where an approved plan conflicts with an adopted regulation and no variance or exception is expressly approved, the regulation shall apply. Where approved, valid concept plans delineate areas as separate phases of development, each phase may be independently planned and developed provided that it is in accordance with the concept plan and other applicable regulations.
(E)
Lapse.
Concept plan approval shall expire 2 years following the date of its original approval.
Figure 16: Concept Plan Flowchart  |
(c)
Preliminary site plan.
(1)
Generally.
A preliminary site plan is the second plan in the site plan approval process. The purpose of the plan is to:
(A)
Ensure compliance with applicable development regulations and previously approved, valid plans affecting development of the property.
(B)
Determine the placement, configuration, coverage, size, and height of buildings.
(C)
Determine the design of public street improvements and rights-of-way, the design and location of drives, aisles, and parking.
(D)
Determine the location and preliminary design of open space, landscaping, walls, screens, and amenities.
(E)
Determine the preliminary design of drainage facilities and utilities.
(2)
Applicability.
(A)
Generally.
Except as provided in section 9.04.052(d)(2), an approved, valid preliminary site plan shall be required prior to the consideration of a site plan.
(B)
Properties within planned development.
The preliminary site plan must include all property contained within a planned development district, except as permitted as a freestanding phase of development shown on an approved, valid concept plan.
(C)
Properties outside a planned development.
For property outside of a planned development district, the plan must include all contiguous property of common ownership unless the site is an approved platted lot or as permitted as a freestanding phase of development shown on an approved, valid concept plan.
(3)
Application procedures and requirements.
(A)
Pre-application.
Before preparing a preliminary site plan, the applicant shall meet with the city as required in section 9.04.050(c).
(B)
Standards of approval.
(i)
The planning and zoning commission and city council may approve, conditionally approve, table, or deny a preliminary site plan based on:
a.
Conformance with the comprehensive plan.
b.
Compliance with the zoning ordinance and other applicable planning and development regulations and previously approved, valid plans for the property.
c.
Compliance with a previously approved, valid site-specific stormwater quality plan.
d.
Impact on the site's natural resources and effect on adjacent and area property and land use.
e.
Safety and efficiency of vehicular and pedestrian circulation, traffic control, and congestion mitigation.
f.
Safety and convenience of off-street parking and loading facilities.
g.
Access for firefighting and emergency equipment to buildings.
h.
Use of landscaping and screening to shield lights, noise, movement, or activities from adjacent properties and to complement the design and location of buildings and parking.
i.
The location, size, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
(ii)
Preliminary site plans that are submitted as a part of a rezoning or specific use permit request require city council approval.
(C)
Effect.
Approval of a preliminary site plan by the planning and zoning commission or city council shall constitute authorization by the city for the owner to submit an application for final site plan approval for development of the entire site or a portion thereof provided that the site plan conforms to the preliminary site plan and any conditions attached to its approval. As long as the preliminary site plan remains valid, the location of buildings, landscaped areas, open space, streets, drives, fire lanes, median breaks, curb cuts, and parking shall remain fixed except to permit minor adjustments resulting from subsequent engineering improvements or to prevent a condition affecting public health or safety which was not known at the time of approval. Except where authorized by ordinance, a preliminary site plan may not be used to approve an exception to development regulations. Where an approved plan conflicts with an adopted regulation and no variance or exception is expressly approved, the regulation shall apply.
(D)
Lapse.
The approval of a preliminary site plan shall be effective for a period of 2 years from the date that the preliminary site plan is approved by the planning and zoning commission or city council, at the end of which time the applicant must have submitted and received approval of a site plan. If a site plan is not approved within 2 years, the preliminary site plan approval is null and void. If site plan approval is only for a portion of the property, the approval of the preliminary site plan for the remaining property shall be null and void. The applicant shall submit a new preliminary site plan for review and approval subject to the existing regulations.
Figure 17: Preliminary Site Plan Flowchart  |
(d)
Site plan.
(1)
Generally.
A site plan is the final plan required in the site plan approval process. The site plan is a detailed plan of the public and private improvements to be constructed. The purpose of the plan is to:
(A)
Ensure compliance with applicable development regulations and previously approved, valid plans affecting the development of the property.
(B)
Coordinate and document the design of public and private improvements to be constructed.
(C)
Coordinate the subdivision of land, including the granting of easements, development agreements, and provision of surety.
(2)
Applicability.
An approved, valid site plan shall be required prior to the approval of any construction plan and permit for all development specified in section 9.04.052(a)(3). An approved, valid preliminary site plan is required prior to the consideration of a site plan except as provided below:
(A)
Development of a single building not exceeding 5,000 square feet.
(B)
Development of a single building on one lot not exceeding 1 acre (net) and where the lot is not being subdivided from a larger property.
(C)
Development of parking or outside storage areas.
(D)
Development of utilities and nonoccupied structures.
(E)
Development of outdoor recreation structures and amenities.
(3)
Application procedures and requirements.
(A)
Pre-application.
Before preparing a site plan, the applicant shall meet with the city as required in section 9.04.050(c).
(B)
Additional requirements.
In addition to meeting the requirements for site plan approval, the following approvals may be necessary prior to authorization for development (if applicable to the project):
(C)
Standards of approval.
(i)
Director approval.
a.
Where an application for site plan approval is made for development defined on an approved, valid preliminary site plan, the director may approve, conditionally approve, or deny the application based upon the criteria listed in subsection (C)(iii) below.
b.
The applicant may appeal the director's decision to the city council by filing a notice of appeal within 10 days following the date the director notifies the applicant of their action.
(ii)
Planning and zoning commission approval.
a.
The planning and zoning commission shall consider all applications for site plan approval for development not requiring a preliminary site plan, or the proposed site plan constitutes a major amendment to an approved, valid preliminary site plan.
(iii)
Approval criteria.
a.
Conformance with the comprehensive plan.
b.
Compliance with the zoning ordinance and other applicable planning and development regulations and previously approved, valid plans for the property.
c.
Compliance with a previously approved, valid site-specific stormwater quality plan.
d.
The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.
e.
The width, grade, and location of streets are designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
g.
The location, size, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
h.
Protection and conservation of soils from erosion by wind or water or from excavation or grading.
i.
Protection and conservation of watercourses and areas subject to flooding.
j.
The adequacy of streets, water, drainage, sewerage facilities, garbage disposal, and other utilities necessary for essential services to residents and occupants.
(D)
Effect.
Approval of a site plan is the city's authorization to apply for approval of building permits and to receive approval of engineering plans. So long as the site plan remains valid, the city shall not apply any additional requirements concerning building placement, streets, drives, parking, landscaping, or screening. Site plan approval is separate and distinct from other permits and approvals as may be required by the city and other regulatory agencies. Approval of a site plan shall not affect other applicable regulations concerning development and land use. Except where authorized by ordinance, a site plan may not be used to approve a variance to development regulations. Where an approved plan conflicts with an adopted regulation and no variance or exception is expressly approved, the regulation shall apply.
(E)
Lapse.
The approval of a site plan shall be effective for a period of 2 years from the date of approval by the planning and zoning commission, director, or city council, at the end of which time the applicant must have submitted and received approval of engineering plans and building permits. If the engineering plans and building permits are not approved, the site plan approval is null and void. If engineering plans and permits have been approved only for a portion of the property and for improvements, the site plan for the remaining property and/or improvements shall be null and void. The applicant shall submit a new site plan for review and approval, subject to current regulations. Site plan approval shall expire upon completion of the improvements shown on the plan. Subsequent additional development, site modifications, and redevelopment shall be permitted in accordance with section 9.04.052(d).
Figure 18: Site Plan Flowchart  |
(e)
Amendments.
(1)
Generally.
(A)
At any time following the approval of a concept plan, preliminary site plan, or site plan and before the lapse of such approval, the property owner(s) may request an amendment.
(B)
Amendments shall be classified as major and minor.
(C)
Any concept plan, preliminary site plan, or site plan shall be in substantial conformance with the previously approved plan.
(2)
Minor amendments.
(A)
Minor amendments shall include corrections of distances and dimensions, adjustments of building configuration and placement, moving nonresidential uses within the same use category to adjacent blocks, realignment of drives and aisles, layout of parking, adjustments to open space, landscaping, and screening, changes to utilities and service locations which do not substantially change the original plan.
(B)
The director may approve or disapprove a minor amendment.
(C)
Disapproval may be appealed to the planning and zoning commission.
(3)
Major amendments.
(A)
Amendments to previously approved stormwater quality areas, and increases in building height and/or building proximity to an adjacent off-site residential use are considered major amendments.
(B)
Major amendments may be considered by the planning and zoning commission at a public meeting in accordance with the same procedures and requirements for the approval of that plan.
(f)
Extension and reinstatement procedure.
(1)
Sixty (60) days prior to or following the lapse of approval for a concept plan, preliminary site plan, or site plan as provided in these regulations, the property owner may petition the planning and zoning commission to extend or reinstate the approval. Such petition shall be considered at a public meeting of the planning and zoning commission.
(2)
In determining whether to grant such request, the planning and zoning commission shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which newly adopted regulations shall apply to the plan. The planning and zoning commission shall extend or reinstate the plan, or deny the request, in which instance the property owner must submit a new application for approval.
(3)
The planning and zoning commission may extend or reinstate the approval subject to additional conditions based upon newly enacted regulations or such as are necessary to assure compliance with the original conditions of approval. The planning and zoning commission may also specify a shorter time for lapse of the extended or reinstated plan than is applicable to original approvals.
(g)
Revocation of approval.
The planning and zoning commission may revoke approval of a concept plan, preliminary site plan, or site plan if it determines that the conditions of the approval have not been met or if the plan contains, or is based upon, incorrect information which affects a significant health or safety interest.
(h)
Additional development and redevelopment.
(1)
Following the completion of improvements shown on an approved site plan, additional development, site modifications, or redevelopment of the site shall be permitted subject to the approval of a revised site plan.
(2)
Minor expansions and redevelopment may be approved by the director under the terms of subsection (e).
(3)
All other expansions or redevelopments shall require the submittal of a revised site plan and the approval of the planning and zoning commission under the requirements and procedures then in effect.
(Ordinance 1068-2023-08 adopted 8/22/2023)
§ 9.04.053 Relief procedures.
(a)
Variances.
(1)
Applicability.
The board of adjustment may authorize, in specific cases due to hardship, a variance from the terms of this zoning ordinance. (Reference: Texas Local Government Code § 211.009(a)(3).)
(2)
Initiation.
An application for a zoning variance shall be filed with the director.
(3)
Completeness.
See section 9.04.050(d)(2).
(4)
Notice and hearing(s).
(A)
Generally, noticing shall comply with section 9.04.050(e) and Texas Local Government Code § 211.007(c), as applicable.
(B)
Additionally, noticing shall follow the requirements below.
(i)
Mail notices of a public hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board of adjustment to be affected thereby, such owners and persons being determined according to the current tax rolls of the city.
(ii)
Depositing of this written notice in the mail shall be deemed sufficient compliance.
(5)
(6)
Approval criteria.
The board of adjustment shall not approve a variance unless it finds that:
(7)
Subsequent applications.
If the variance request is denied, the applicant shall not submit a variance request of similarity on the same property for at least twelve (12) months.
(8)
Appeals.
A party with standing may seek judicial review pursuant to Texas Local Government Code § 211.011.
(9)
Scope of approval.
After a final decision on the variance is rendered, the applicant and any party in interest may file any further permits or applications, undertake construction, or establish a use consistent with that decision.
(10)
Recordkeeping.
The director shall maintain a copy of any order of the board of adjustment pursuant to this section.
(b)
Interpretation.
(1)
Applicability.
The director has the authority to make written interpretations concerning the text of this zoning ordinance and the zoning map.
(2)
Initiation.
A request for interpretation shall be submitted to the director on a form established by the director and made available to the public.
(3)
Completeness.
See section 9.04.050(d)(2).
(4)
Notice and hearing(s).
Not applicable.
(6)
Standards.
The director shall consider this zoning ordinance, the zoning map, the comprehensive plan, and any other relevant information.
(7)
Subsequent applications.
Not applicable.
(8)
Appeals.
See section 9.04.050(m).
(9)
Scope of approval.
An interpretation does not authorize the development or use of a property. After an interpretation is issued, the applicant or any other person may file an application to develop or use the property pursuant to this zoning ordinance, and the decision-maker shall take the interpretation into consideration.
(10)
Recordkeeping.
The director shall maintain an official record of interpretations that shall be available for public inspection during normal business hours.
(Ordinance 1068-2023-08 adopted 8/22/2023)