Argyle City Zoning Code

PART 2

- ZONING PROCEDURES AND ADMINISTRATION

Sec. 14.3.20. - Nonconforming Uses and Structures.

14.3.20-1 Intent of Provisions.

Within the districts established by this Ordinance or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this Ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Ordinance to permit such nonconforming uses to continue only as long as the conditions within this Section and other applicable sections of the Ordinance are met.

It is further the intent of this Ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

14.3.20-2 Nonconforming Status.

Any use, platted lot or structure that does not conform with the regulations of this Zoning Ordinance on the effective date hereof or any amendment hereto, except as expressly provided in Subsection C below, shall be deemed a nonconforming use, platted lot or structure provided that:

Such use, platted lot or structure was in existence under and in compliance with the provisions of the immediately prior zoning ordinance; or

Such use, platted lot or structure was in existence at the time of annexation into the Town, was a legal use of the land at such time, and has been in regular and continuous use since such time.

Any other use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this Ordinance or any amendment hereto, and except as provided in Subsection C below, shall be deemed to be in violation of this Ordinance, and the Town shall be entitled to enforce fully the terms of this Ordinance with respect to such use, platted lot or structure.

The following types of platted lots shall be deemed in conformance with the provisions of this Ordinance, notwithstanding the fact that such lot does not meet the standards of this Ordinance in the district in which it is located:

Any vacant lot that conformed to the Town's zoning district regulations at the time that it was platted; or

Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot is located.

A lot of record located within an A, SF-2.5 or SF-1 zoning district that is nonconforming may be occupied by a single-family dwelling provided that all applicable zoning standards with regard to building setbacks, building size and design criteria are met.

14.3.20-3 Continuing Lawful Use of Land and Structures.

A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.

A nonconforming structure occupied by a nonconforming use may be reoccupied by a conforming use, following abandonment of the nonconforming use.

14.3.20-4 Abandonment of Nonconforming Uses and Structures, and Cessation of Use of Structure or Land.

If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this Ordinance, as amended, and with any other applicable Town codes or ordinances that are in effect at the time the use is resumed or the structure is reoccupied.

A nonconforming use or structure shall be deemed "abandoned" in the following circumstances:

The use ceases to operate for a continuous period of 180 calendar days;

The structure remains vacant for a continuous period of 180 calendar days; or

In the case of a temporary use, the use is moved from the premises for any length of time.

If the use of any lot, tract or property that does not have a building on it and that is used for open/outside storage as of the effective date of this Ordinance (or amendment thereto) is made nonconforming by this Ordinance (or amendment thereto), then such storage use shall cease within 180 calendar days following the effective date of this Ordinance (or amendment thereto). The lot, tract or property shall be cleaned up and all trash, debris, stored items and vehicles, and other materials shall be removed from the premises such that the property is not a physical or visual nuisance to the public or to surrounding property owners.

14.3.20-5 Changing Nonconforming Uses.

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

A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use.

A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to another nonconforming use.

14.3.20-6 Expansion of Nonconforming Uses and Structures.

A nonconforming use may be extended throughout the structure in which it is located, provided that:

The structure or its premises shall not be enlarged or increased in size, height, width, depth, weight, in floor area, in land area or in any other way to accommodate extension of the nonconforming use;

No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and

The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.

A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.

A nonconforming use or structure shall not be enlarged in any way, including but not limited to not allowing any increases in size, height, width, weight or depth, increased, or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this Ordinance.

14.3.20-7 Reconstruction or Repair of Nonconforming Structure.

If more than 50 percent of the total appraised value, as determined by the Denton County Central Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this Ordinance.

If less than 50 percent of the total appraised value, as determined by the Denton County Central Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within 365 calendar days following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the 365-calendar-day reconstruction period may be extended by the Town Administrator (or his/her designee).

If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be re-established subject to the limitations on expansion set forth in Subsection 14.3.20-6 above.

Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this Ordinance.

Nothing in this Ordinance shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds 50 percent of the structure's appraised value, as determined by the Denton County Central Appraisal District.

14.3.20-8 Moving of Nonconforming Structure.

No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district in which the structure is to be relocated. Such building relocation shall also require a structure relocation permit from the Town, and may also require platting of the intended building site pursuant to the Town's Subdivision Ordinance as well as site plan approval per Section 14.3.25 of this Ordinance.

14.3.20-9 Nonconforming Lots.

Nothing in this Ordinance shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the zoning district in which it is located, provided that the lot is zoned for the land use(s) intended and the lot was platted as a lot of record prior to the effective date of this Ordinance.

14.3.20-10 Right to Proceed Preserved.

Nothing contained in this Section 14.3.20 is intended to alter any rights that may have accrued to proceed under prior regulations, pursuant to V.T.C.A., Local Government Code § 43.002, or §§ 245.001 to 245.006.

(Ord. No. 2010-01, § 3, 1-12-10; Ord. No. 2010-17, § 2, 10-26-10; Ord. No. 2020-06, § 2, 3-24-20)

Sec. 14.3.21. - Planning and Zoning Commission.

14.3.21-1 General. The Planning and Zoning Commission (also referred to as the "Commission") shall function according to the following criteria that establish membership and operating procedures. The powers and duties of the Planning and Zoning Commission are further defined in this Section 14.3.21 of this Ordinance and in the Code of Ordinances of the Town of Argyle.

14.3.21-2 Created; Membership; Officers; Rules & Bylaws.

There is created, in accordance with V.T.C.A., Local Government Code ch. 211; the "Planning and Zoning Commission", hereafter sometimes referred to as the "Commission", which shall consist of seven resident citizens, taxpayers and qualified voters of the Town of Argyle.

The Town Council shall provide for the appointment of up to four alternate members to serve in the absence of one or more of the regular Commission members on an alternating basis such that all alternate members have equal opportunities to serve on the Commission.

Members shall be nominated for appointment by the Mayor or by a Council member of the Town of Argyle, and each person so nominated shall be approved by a simple majority vote of the full Town Council before becoming a member of the Commission. Members shall not be nominated to nor serve appointments to the Planning and Zoning Commission in violation of any term limits specified by the Town of Argyle Code of Ordinances, as amended.

Each appointment to the Commission shall serve as a member of the Commission for a term not in excess of two years and each appointee shall be removable at will. Commissioners shall serve staggered terms and the appointment of three members shall expire in October 31 of each odd-numbered year and the terms of four members shall expire in October 31 of each even-numbered year. Members shall not be nominated to nor serve appointments to the Planning and Zoning Commission in violation of any term limits specified by the Town of Argyle Code of Ordinances, as amended.

Any vacancy(s) on the Commission shall be filled via appointment by a simple majority vote of the full Town Council.

Members of the Planning and Zoning Commission may be removed from office at any time by a simple majority vote of the full Town Council either upon its own motion or upon recommendation of the Planning and Zoning Commission. Failure to attend three consecutive scheduled meetings shall be deemed as neglect and cause for removal from office, unless such absences were due to unusual circumstances beyond the member's control such as sickness of the member or someone within the member's immediate family.

The members of the Commission shall regularly attend meetings and public hearings of the Commission, shall serve without compensation, and shall not hold any other office or position that would create a conflict of interest or a dual office holding issue, with the Town while serving on the Commission. The Commission shall meet a minimum of once per month unless there are no cases to be heard by the Commission.

The Commission shall appoint a Chairperson and a Vice-Chairperson from among the Commission membership, and each officer shall hold office for one year or until replaced by a simple majority vote of the full Commission. Every year during the November or December Commission meeting, the vote to appoint a Chairperson and a Vice-Chairperson shall take place. If mid-year appointments occur due to vacancies, those shall only hold the positions until the annual appointment. The Town Administrator's designee shall serve as Secretary to the Commission, and shall keep minutes of all meetings held by the Commission as well as the full record of all recommendations made by the Commission to the Town Council.

The Commission shall have the power to make rules, regulations and bylaws for its own governance, which shall conform to those set forth by the Town Council, and such rules, regulations and bylaws shall be subject to approval by the Town Council. Such rules and bylaws shall include, among other items, provisions for:

Regular and special meetings, open to the public;

A record of its proceedings, to be open for inspection by the public;

Reporting to the governing body and the public, from time to time and annually; and

Rules of order and the holding of public hearings on its recommendations.

14.3.21-3 Parliamentary Procedure; Quorum; Voting.

The Commission will follow the parliamentary procedure adopted by the Town Council, and procedures shall not be in conflict with the laws applicable to the Commission on the following:

Quorum. A quorum shall consist of a majority of the membership of the Commission, and any issue to be voted upon shall be resolved by a majority of those members present.

Voting. All Commission members, including the presiding Chairperson, shall be entitled to one vote each upon any question, a quorum being present.

Conflict of Interest. If any member has a conflict of interest regarding any item on the Commission's agenda, he/she shall remove himself/herself from the room and shall refrain from voting only on the item for which a conflict exists.

14.3.21-4 Meetings; Public Record.

The Planning and Zoning Commission shall meet in the Town Hall building or in some other specified location as may be designated by the presiding Chairperson and at such intervals as may be necessary to orderly and properly transact the business of the Commission at least once each month, unless there are no cases to be heard by the Commission or any other business for the Commission.

Meetings shall be open to the public, and minutes shall be kept and shall be treated as public record.

14.3.21-5 Establishing Extraterritorial Jurisdiction. Statutes of the State of Texas authorizing and empowering cities to regulate the platting and recording of subdivisions or additions within the Town's corporate limits and establishing extraterritorial jurisdiction are hereby adopted, and the Commission, acting through its duly authorized officials, shall have all the rights, powers, privileges and authority authorized and granted by and through said statutes pertaining to regulation of subdivisions in the Town's limits and extraterritorial jurisdiction.

14.3.21-6 Powers and Duties.

The Commission shall have all the rights, powers, privileges and authority authorized and granted by and through the Statutes of the State of Texas authorizing and granting cities the power of zoning and subdivision regulation as found in V.T.C.A., Local Government Code ch. 211 and 212, as amended.

The Planning and Zoning Commission shall be an advisory body and adjunct to the Town Council, and shall make recommendations regarding amendments to the Comprehensive Plan, changes of zoning for real property, Zoning and Subdivision Ordinance amendments, zoning to be given to newly annexed areas, approval of plats of subdivisions, and other planning-related matters. The Planning and Zoning Commission shall conduct a regular review of the Town's Comprehensive Plan and shall be prepared to make recommendations to the Town Council, as deemed necessary, to keep the Town's Comprehensive Plan current with changing conditions and trends and with the planning needs of the Town. The Planning and Zoning Commission shall also serve in an advisory capacity on any other planning-related matter(s) in the Town, including the periodic review of the Town's impact fee ordinance(s).

14.3.21-7 Procedure on Zoning Hearings. The procedure and process for zoning changes and Zoning Ordinance amendments shall be in accordance with Section 14.3.23 of this Ordinance.

14.3.21-8 Joint Meetings with the Town Council. Whenever the Town Council and the Planning and Zoning Commission are required by the laws of the State of Texas to conduct public hearings in matters pertaining to planning, zoning or subdividing property, and at other times when it is in the best interest of the Town to do so, the Town Council and the Planning and Zoning Commission are hereby authorized, after published notice as required by law, to hold joint meetings and to conduct joint public hearings.

(Ord. No. 2010-01, § 3, 1-12-10; Ord. No. 2010-17, § 2, 10-26-10; Ord. No. 2020-06, § 2, 3-24-20; Ord. No. 2024-05, § 2(Exh. A), 2-20-24)

Sec. 14.3.22. - Zoning Board of Adjustment (ZBA).

14.3.22-1 Creation. There is hereby created a Zoning Board of Adjustment (ZBA), hereafter referred to as the "Board," for the purpose, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of this ordinance that are consistent with the general purpose and intent of this ordinance.

14.3.22-2 Members; Terms of Office.

The Zoning Board of Adjustment shall consist of the five councilmembers currently elected to the Town Council, and shall operate in accordance with V.T.C.A., Local Government Code §§ 211.008—211.011, as amended.

The Mayor shall serve as an alternate member to serve in the absence of one of the regular Board members.

Regular Board members and the Mayor, as an alternate member of the Board, shall serve for a term that is concurrent with the term of their respective offices.

The members of the Board (and the Mayor as an alternate member, as needed) shall regularly attend meeting(s) and public hearings of the Board, shall serve without compensation, and shall not hold any other office or position that would create a conflict of interest or a dual office holding issue, with the Town while serving on the Board.

The Board of Adjustment shall elect a Chairperson and a Vice-Chairperson from among its membership, and each officer shall hold office for one year or until replaced by a simple majority vote of the full Board. The Town Administrator's designee shall serve as Secretary to the Board of Adjustment and shall keep minutes of all meetings held by the Board. The Secretary shall also set up and maintain a separate file for each application for hearing by the Board and shall record therein the names and addresses of all persons/entities to whom notices are mailed, including the date of mailing and the person by whom such notices were delivered to the post office. All records and files herein provided for shall be permanent and official records of the Town of Argyle.

The Board of Adjustment shall have the power to make the rules, regulations and bylaws for its own government, which shall conform as nearly as possible to those governing the Town Council.

14.3.22-3 Parliamentary Procedure; Quorum; Voting.

The Board will follow the parliamentary procedure adopted by the Town Council, and procedures shall not be in conflict with the laws applicable to the Board on the following:

Quorum. A quorum shall consist of 75 percent of the members of the board, as 75 percent of the members are necessary for a decision under the requirements of state law.

Voting. All Board members, including the presiding Chairperson, shall be entitled to one vote each upon any question, a quorum being present.

Conflict of Interest. If any member has a conflict of interest regarding any item on the Board's agenda, he/she shall remove himself/herself from the room and shall refrain from voting only on the item for which a conflict exists.

14.3.22-4 Meetings. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public, and minutes shall be kept of all proceedings at Board meetings. Four members of the Board shall constitute a quorum for the conduct of business. All cases to be heard by the Board of Adjustment shall always be heard by at least 75 percent of the members, which constitutes four members.

14.3.22-5 Authority of Board of Adjustment.

The Board of Adjustment shall have the authority, subject to the standards established in state law, including V.T.C.A., Local Government Code §§ 211.008—211.011 and those established herein, to exercise powers and to perform duties including the following:

Hear and decide an appeal that alleges error in any order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance;

Hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so;

Authorize, in specific cases, a variance (see Section 14.3.22-7) from the terms of this ordinance if the variance is not contrary to the public interest and if, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of this ordinance is observed and substantial justice is done;

Make interpretations on zoning district boundaries shown on the Zoning Map where uncertainty exists because physical features on the ground differ from those on the Zoning Map or where the rules in Section 14.3.4 of this ordinance (zoning district boundaries) do not apply or are ambiguous; and

Hear and decide other matters authorized by an ordinance adopted pursuant to V.T.C.A., Local Government Code ch. 211.

In exercising its authority under subsection A.1 above, the Board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the Board has the same authority as the administrative official.

The concurring vote of at least 75 percent, or four members, of the full Board of Adjustment is necessary to:

Reverse an order, requirement, decision or determination of an administrative official;

Decide in favor of an applicant on a matter on which the Board is required to review under this zoning ordinance;

Authorize a variance from a provision of this zoning ordinance; or

Hear and decide special exceptions to a provision of this zoning ordinance (see Section 14.3.22-6E. [sic]).

14.3.22-6 Limitations on Authority of Board of Adjustment.

The Board of Adjustment may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought, except as provided in Section 14.3.22-7.

The Board of Adjustment shall have no power to grant or modify specific use permits authorized under Section 14.3.52 "SUP—Specific Use Permits" of these regulations.

The Board of Adjustment shall have no power to grant a zoning amendment. In the event that a request for a zoning amendment is pending before the Planning and Zoning Commission or the Town Council, the Board shall neither hear nor grant any variances with respect to the subject property until final disposition of the zoning amendment by the Commission and the Town Council.

The Board of Adjustment shall not grant a variance for any parcel of property or portion thereof upon which a site plan, construction plat or final plat, where required, is pending on the agenda of the Planning and Zoning Commission and, where applicable, by the Town Council. All administrative and procedural remedies available to the applicant shall have been exhausted prior to hearing by the Board of Adjustment.

14.3.22-7 Variances.

The Board of Adjustment may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. For example, if the subject property substantially differs from other similarly zoned land parcels by being of such restricted area, shape or slope that it cannot reasonably be developed in the same manner as other similarly zoned land parcels, then a variance of the building setback, lot width or depth may be warranted. In granting a variance, the Board shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. In making the findings hereinbelow required, the Board shall take into account:

The nature of the proposed use of the land involved;

Existing uses of land in the vicinity;

The number of persons who will reside or work within the proposed use; and

The probable effect such variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.

Conditions Required for Variance. No variance shall be granted without first having given public notice and having held a public hearing on the variance request in accordance with Section 14.3.22-9 of this ordinance and unless the Board of Adjustment finds:

That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his/her land; and

That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and

That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; and

That the granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this ordinance.

Such findings of the Board of Adjustment, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Board meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this ordinance so that the public health, safety and welfare may be secured and that substantial justice may be done.

Findings of Undue Hardship. In order to authorize in a specific case a variance from the terms of the zoning ordinance, the Board of Adjustment must make findings that an undue hardship exists, using the following criteria:

The variance is not contrary to the public interest;

Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship;

That the spirit of the ordinance is observed and substantial justice is done;

That the situation causing the hardship is not self-imposed and does not generally affect all or most properties in the same zoning district; and

That the relief sought will not injure the permitted use of adjacent conforming property.

A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely upon economic gain or loss, nor shall it permit any person the privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.

Special Exceptions for Nonconforming Uses and Structures. Upon written request of the property owner, the Board may grant special exceptions to the provisions of Section 14.3.20 of this ordinance, limited to the following, and in accordance with the following standards:

Expansion of the land area of a nonconforming use, up to a maximum of ten percent; or

Expansion of the gross floor area of a nonconforming structure, up to a maximum of ten percent, provided that such expansion does not decrease any existing setback and does not encroach onto adjacent property; or

Change from one nonconforming use to another, reconstruction of a nonconforming structure that has been totally destroyed, or resumption of a nonconforming use previously abandoned, only upon finding that the failure to grant the special exception deprives the property owner of substantially all use or economic value of the land.

In granting special exceptions under this subsection, the Board may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the standards of the zoning ordinance.

For existing single-family and duplex structures that were constructed prior to the effective date of this ordinance, the Board may authorize a special exception for any structure that was constructed over a setback line established by this ordinance.

The Board may authorize a special exception for the reconstruction and occupancy of a nonconforming structure, or a structure containing a nonconforming use, where such structure has been damaged by fire or other cause to the extent of more than 50 percent, but less than the total, of the appraised value of the structure, as determined from the records of the Denton County Central Appraisal District, as of the date of the damage. Such action by the Board shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare, character of the area surrounding such structure, and the conservation, preservation and protection of property.

The Board may authorize a special exception for the enlargement, expansion or repair of a nonconforming structure if such enlargement, expansion or repair will improve the condition of the structure, if it will bring the structure closer into compliance with this ordinance, or if it will otherwise improve or enhance public health, safety or welfare.

14.3.22-8 Appeals to the Board of Adjustment.

Authority. In addition to the authorization of variances and special exceptions from the terms of this ordinance, the Board shall have the authority:

To hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance. The Board may reverse or affirm, in whole or in part, or may modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose, the Board has the same authority as the administrative official.

To hear and decide other matters authorized by other Town ordinances regarding land use regulations.

Who May Appeal.

Any of the following persons may appeal to the Board a decision made by an administrative official that is not related to a specific application, address, or project:

A person directly aggrieved by the decision; or

Any officer, department, or board of the Town affected by the decision.

Any of the following persons may appeal to the Board of Adjustment a decision made by an administrative official that is related to a specific application, address, or project:

A person who:

(1)

Filed the application that is the subject of the decision; or

(2)

Is the owner or representative of the owner of the property that is the subject of the decision; or

(3)

Is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subject of the decision.

Any officer, department, or board of the Town affected by the decision.

Procedure for Appeal.

The appellant must file with the Board and the official from whom the appeal is taken a written notice of appeal specifying the grounds for the appeal. The notice of appeal shall be filed not later than the 20 ^th day after the decision has been rendered. Upon receiving the notice, the official from whom the appeal is taken shall immediately transmit to the Board all papers constituting the record of action that is appealed. An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the Board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record on application, after notice to the official, if due cause is shown.

The appellant party may appear at the appeal hearing in person or by agent or attorney. The Board shall decide the appeal at the next meeting for which notice can be provided following the hearing and not later than the 60 ^th day after the written request (notice of appeal) was received. The Board may reverse or affirm, or modify, in whole or in part, the administrative official's order, requirement, decision or determination from which an appeal is taken.

A member of the Town Council or the Planning and Zoning Commission may not bring an appeal to the Board on behalf of a property owner other than himself/herself. An appeal must be requested by the owner of the property being considered.

14.3.22-9 Procedures.

Application and Fee. An application for a variance, special exception or appeal by the Board shall be made in writing using forms prescribed by the Town, and shall be accompanied by an application fee (as set forth in Town Resolution No. 311, as amended), a site plan, and any other additional information as may be requested in order to properly review the application. Such information may include, but is not limited to, plat plans, site building plans, photographs, topographic contour maps, and other similar documents. All drawings must be to scale.

Review and Report by the Town. The Town Administrator, or his/her designee, shall visit the site where the proposed variance or special exception will apply and the surrounding area, and shall report his/her findings to the Board.

Notice and Public Hearing. The Board shall hold a public hearing for consideration of the variance or special exception request no later than 45 calendar days after the date the complete application for action, or an appeal, is filed. Written notice of the public hearing for a variance or special exception shall be provided to all property owners, via U.S. mail, within 200 feet of the affected property at least ten calendar days prior to the public hearing. Notice shall also be published in the official local newspaper before the 15 ^th calendar day prior to the public hearing.

Action by the Board of Adjustment. The Board shall not grant a variance unless it finds, based upon compelling evidence provided by the applicant, that each of the conditions in Section 14.3.22-7 has been satisfied. The Board may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance or special exception as are necessary to protect the public health, safety, convenience and welfare. Violation of any such condition, limitation or safeguard shall constitute a violation of this ordinance.

Burden of Proof. The applicant bears the burden of proof in establishing the facts that may justify a variance, a special exception, an appeal, or any other action in his/her favor by the Board.

Waiting Period. No appeal to the Board for the same or a related variance or special exception on the same piece of property shall be allowed for a waiting period of 180 calendar days following an unfavorable ruling by the Board unless other property in the immediate vicinity has, within the specified waiting period, been changed or acted upon by the Board or the Town Council so as to alter the facts and conditions upon which the previous unfavorable Board action was based. Such changes of circumstances may permit the re-hearing of a variance or special exception request by the Board, but such circumstances shall in no way have any force in law to compel the Board, after a hearing on the matter, to grant a subsequent variance or special exception request. Any subsequent variance or special exception request shall be considered entirely on its own merits and on the specific circumstances related to the subject property.

Timeliness of Application for Building Permit or Certificate of Occupancy. Upon a favorable Board action on a variance or special exception request, the applicant shall apply for a building permit or a certificate of occupancy, as applicable to his/her particular situation, within 90 calendar days following the date of Board action, unless the Board specifies a longer time period in the minutes of its action. If the applicant fails to apply for a building permit or certificate of occupancy, as applicable, within the 90 calendar day time frame, then the variance or special exception shall be deemed to have been waived, and all rights hereunder shall be terminated. Such termination and waiver shall be without prejudice to a subsequent appeal, and such subsequent appeal shall be subject to the same regulations and requirements for hearing as herein specified for the original variance or special exception request.

14.3.22-10 Finality of Decisions; Judicial Review. All decisions of the Board are final and binding. An appeal must be in accordance with the requirements of state law.

(Ord. No. 2010-01, § 3, 1-12-10; Ord. No. 2010-17, § 2, 10-26-10; Ord. No. 2015-23, §§ 4, 5, 11-17-15; Ord. No. 2019-20, § 2 (Exh. A), 8-27-19; Ord. No. 2020-06, § 2, 3-24-20; Ord. No. 2022-23, §§ 2, 3, 11-7-22; Ord. No. 2023-18, § 3, 5-15-23)

Sec. 14.3.23. - Amendments to Zoning Ordinance and Districts, Administrative Procedures, and Enforcement.

14.3.23-1 Declaration of Policy and Review Criteria.

The Town declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

To correct any error in the regulations or map;

To recognize changed or changing conditions or circumstances in a particular locality;

To recognize changes in technology, the style of living, or manner of conducting business; or

To change the property to uses in accordance with the Town's adopted comprehensive plan.

In making a determination regarding a requested zoning change, the Planning and Zoning Commission and the Town Council shall consider the following factors:

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to the Town as a whole;

Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;

The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the Town, and any special circumstances that may make a substantial part of such vacant land unavailable for development;

The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change;

How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved; and

Any other factors that will substantially affect the public health, safety, morals, or general welfare.

14.3.23-2 Authority to Amend Ordinance.

The Town Council may from time to time, after receiving a recommendation thereon by the Planning and Zoning Commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the zoning map. Any amendment to the zoning ordinance text or to zoning district boundaries may be ordered for consideration by the Town Council, may be initiated by the Planning and Zoning Commission, or may be requested by the owner of real property (or his/her authorized representative).

Consideration for a change in any zoning district boundary line or special zoning regulation may be initiated only by the property owner or his/her authorized agent (proof of such authorization must be submitted with the zoning application, per Section 14.3.23-3), or by the Planning and Zoning Commission or the Town Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown in Town records are different, the applicant shall submit proof of ownership and verification that he/she is acting as an authorized agent for the property owner.

14.3.23-3 Application.

Each application for zoning, rezoning, specific use permit (SUP), or for a text amendment to a provision(s) of this zoning ordinance, shall be made in writing on an application form available in the Town Secretary's office. The application shall be delivered to the Town at least 30 days prior to the date of the public hearing before the Planning and Zoning Commission, and shall be accompanied by the following:

Payment of the appropriate fee;

An accurate metes and bounds description of the subject property (or other suitable legal description);

A survey exhibit and other appropriate exhibits as deemed necessary by the Town Administrator (or designee). Said exhibits shall include but not be limited to site plans, maps, architectural elevations, and information about proposed uses; and

A concept plan as prescribed in Section 14.3.25 of this ordinance with any zoning request involving a specific use permit (SUP) request or a planned development (PD) district.

All zoning change requests involving real property (including PD and SUP requests) shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of land owner's agent to file the zoning change request.

Official Submission Date and Completeness of Application.

For the purpose of these regulations, the "official submission date" shall be the date upon which a complete application for a zoning change request (that contains all elements and information required by this ordinance) is submitted to the Town Administrator (or designee). No application shall be deemed officially submitted until the Town Administrator (or his/her designee) determines that the application is complete and a fee receipt is issued by the Town.

Zoning applications that do not include all required information and materials as specified herein or by any other policy, ordinance, regulation or requirement of the Town of Argyle will be considered incomplete, shall not be accepted for official submission by the Town, and shall not be scheduled on a Planning and Zoning Commission agenda until the proper information is provided to the Town.

Application Withdrawal and Inactive Cases.

After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a letter of withdrawal request to the Director of Community Development.

If an applicant fails to respond to staff comments within 45 days, or an application is otherwise determined to by the Director of Community Development to be inactive for a period of 45 days, then the application is considered expired and no longer valid.

Any new request after application withdrawal or inactive shall be deemed a "new project;" shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section; and shall be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

14.3.23-4 Notice of Public Hearing.

For zoning and rezoning petitions involving real property, including adoption of or any amendment to a specific use permit or a planned development, the Planning and Zoning Commission shall hold at least one public hearing on each zoning application, as per V.T.C.A., Local Government Code ch. 211, as amended. For proposed changes to zoning district boundaries, including rezoning requests, notice of the public hearing to occur prior to the Planning and Zoning Commission shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the Town before the 15 ^th calendar day prior to the date of the public hearing. Written notice of the public hearing shall also be sent to all owners of property, as indicated by the most recently approved Town tax roll, that is located within the area of application and within 200 feet of the property line of the property subject to the application, said written notice to be sent before the tenth calendar day prior to the date such hearing is held. Such notice shall describe the zoning petition, describe the property or area subject to the petition, indicate the dates of the scheduled Planning and Zoning and Town Council hearings, provide an area for the property owner to specify their support or opposition to the petition, provide a signature line for the addressee, and describe the addressee's rights as a property owner within 200 feet of the zoning petition pursuant to the V.T.C.A., Local Government Code § 211.006(d). Notice to property owners within 200 feet may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the United States mail.

For zoning and rezoning petitions as specified in subsection A, above, a notice of the time and place of the hearing will be published in an official newspaper or newspaper of general circulation in the Town at least 15 days calendar days before the Town Council hearing.

For requests involving proposed changes to the text of the zoning ordinance, notice of the Planning and Zoning Commission hearing shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the Town before the 15 ^th calendar day prior to the date of the public hearing. Changes to the text of this ordinance that do not change zoning district boundaries does not require written notification to individual property owners.

The Town may, at its option, establish additional rules and procedures for public notification of proposed zoning changes and development proposals (e.g., site plans, plats, etc.). Knowledge of and adherence to such rules and procedures, if so established by the Town, shall be the responsibility of the applicant and shall be required as part of a zoning change or development application.

The applicant for a zoning or rezoning petition shall erect at least one sign provided by the Town on the site subject to said zoning or rezoning petition. Said sign(s) shall, if possible, be located adjacent to a public thoroughfare in a visible location. The applicant shall remove and return such sign(s) to the Town within five calendar days after action by the Town Council or immediately upon the withdrawal of the petition, whichever comes first. The sign shall contain a notice of the rezoning and the agency and telephone number from which information relative to the zoning or rezoning petition may be obtained.

A written courtesy notice of the public hearing shall also be sent to all owners of property, as indicated by the most recently approved Town tax roll, that is located within the area of application and within 1,000 feet of the property line of the property subject to the application, said written notice to be sent before the tenth calendar day prior to the date such hearing is held. Such notice shall describe the zoning petition, describe the property or area subject to the petition, indicate the dates of the scheduled Planning and Zoning and Town Council hearings, provide an area for the property owner to specify their support or opposition to the petition, and provide a signature line for the addressee. Notice to property owners within 1,000 feet may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the United States mail.

14.3.23-5 Failure to Appear.

Failure of the applicant or authorized representative to appear before the Planning and Zoning Commission or the Town Council for more than one hearing without an approved delay by the Town Administrator, or his/her designee, shall constitute sufficient grounds for the Planning and Zoning Commission or the Town Council to table or deny the application unless the Town is notified in writing by the applicant at least 72 hours prior to the hearing.

14.3.23-6 Planning and Zoning Commission Consideration and Recommendation.

The Planning and Zoning Commission shall function in accordance with Section 14.3.21 of this ordinance and with applicable provisions in the Town's Code of Ordinances.

Planning and Zoning Commission Action on Zoning, Rezoning or Text Amendment Requests. The Commission shall hold a public hearing on all zoning or rezoning, including any proposed amendments to the text of this ordinance. After all public input has been received and the public hearing has been closed, the Commission shall make its recommendations on the proposed zoning request stating its findings, its overall evaluation of the request, and its assessment regarding how the request relates to the Town's comprehensive plan. The Planning and Zoning Commission may, on its own motion or at the applicant's request, defer its decision/recommendation until it has had an opportunity to consider other information or proposed modifications to the request that may have a direct bearing thereon. If the Commission elects to table the request, such tabling shall specifically state the time period of the tabling by citing the meeting date whereon the request will reappear on the Commission's agenda, and further notice in the newspaper and to surrounding property owners shall not be required.

If the Planning and Zoning Commission recommends denial of the request, the Planning and Zoning Commission may specify whether the recommendation for denial is with prejudice or without prejudice. In the event the Planning and Zoning Commission recommendation for denial with prejudice is upheld by the Town Council, then no other zoning application may be filed for all or part of the subject tract of land for a waiting period of 365 calendar days following the hearing date upon which the zoning request was denied with prejudice by the Town Council. In the instance that the Planning and Zoning Commission recommendation for denial without prejudice was upheld by the Town Council or the petition was initiated by the Town and involved a proposed amendment to the text of the zoning ordinance, then no waiting period shall be required before the request can be reconsidered.

When the Commission is ready to act upon a zoning request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions, disapproval of the request with prejudice, or disapproval of the request without prejudice as specified in subsection B, above. Each of the Commission's recommendations shall be automatically forwarded to the Town Council for a second public hearing thereon unless the applicant specifically requests otherwise. Any such request shall be submitted via a written request that is signed by the original applicant.

14.3.23-7 Town Council Consideration.

Applications Forwarded from the Planning and Zoning Commission to the Town Council. Every zoning application that has been considered and received a recommendation from the Planning and Zoning Commission shall be automatically forwarded to the Town Council for a second public hearing thereon following appropriate public hearing notification as prescribed in Section 14.3.23-4 above. The Town Council may then approve the request, approve it with conditions, or disapprove it by a single majority vote of the Council members present and voting.

Ultimate approval of any zoning request which was recommended for denial by the Planning and Zoning Commission will require a three-fourths majority vote of the full Town Council. No zoning change, however, shall become effective until after the adoption of an ordinance by the Town Council for same and its publication as required by law.

Town Council Action on Zoning, Rezoning or Text Amendment Requests. After a public hearing is held before the Town Council regarding the zoning application, the Town Council may approve the request in whole or in part, deny the request in whole or in part, table the application to a future meeting, or refer the application back to the Planning and Zoning Commission for further study.

If the Town Council approves the request, then subsection 14.3.23-7.F will apply.

If the Town Council denies the request, the Town Council shall specify whether the petition is denied with prejudice or without prejudice. In the event the Town Council denies a petition with prejudice, then no other zoning application may be filed for all or part of the subject tract of land for a waiting period of 365 calendar days following the hearing date upon which the zoning request was denied with prejudice. In the instance that the request was denied without prejudice or was initiated by the Town and involved a proposed amendment to the text of the zoning ordinance, then no waiting period shall be required before the request can be reconsidered.

The Town Council may, at its option, waive the specified waiting period for a petition denied with prejudice if, after due consideration of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial new information pertaining to the request is discovered.

Notice of the Town Council Hearing for Zoning Changes. Notice of the Town Council public hearing for a zoning, rezoning or zoning ordinance text amendment request shall be given in the same manner as that for the public hearing before the Planning and Zoning Commission (see subsection 14.3.23-4).

Protests. For zoning and rezoning requests involving real property, including the consideration of or any amendment to a specific use permit or a planned development, a favorable vote of three-fourths of all members of the Town Council shall be required to approve any change in zoning when written objections are received from 20 percent or more of the land area covered by the proposed change, or of the land area within 200 feet of the subject property, in accordance with the provisions of V.T.C.A., Local Government Code § 211.006. If a protest against such proposed zoning change has been filed with the Town Secretary, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the land included in such a proposed change or those owners of property immediately adjacent to the subject property and extending 200 feet therefrom, such zoning change shall not become effective except by a three-fourths vote of the full Town Council.

Joint Public Hearings. The Town Council may hold a joint public hearing on a zoning, rezoning or zoning ordinance text amendment request along with the Planning and Zoning Commission, but the Town Council shall not take action on the request until it has received a final recommendation from the Commission. Notification for the Town Council's public hearing, whether held separately or jointly with the Commission, may be accomplished simultaneously with the public notification given for the public hearing to be held before the Planning and Zoning Commission.

Final Approval and Ordinance Adoption. Upon approval of the zoning request by the Town Council, the applicant shall submit all related material with revisions, if necessary, to the Town Administrator (or his/her designee) for the preparation of the amending ordinance. The zoning request shall be deemed approved at the time the Town Council makes a decision to approve the request as submitted or with certain conditions. However, the amending ordinance will not be prepared for adoption until a correct description and all required exhibits have been submitted to the Town Administrator (or his/her designee), and the amending ordinance shall not be formally adopted until it is adopted by the Town Council, signed by the Mayor, and attested by the Town Secretary.

14.3.23-8 Administration and Enforcement.

A designated Town of Argyle official shall be authorized by the Town Council to administer and enforce the provisions of this ordinance. If such designated official finds upon his/her own personal observation, or upon receipt of a complaint, that the provisions of this ordinance are being violated, he/she shall immediately investigate and, when necessary, give written notice to the person(s) responsible to cease or correct such violation(s) immediately. Notice may be delivered in person or by certified mail to the violator(s) or to any person owning or leasing a property where the violation is occurring. The designated Town official, or his/her authorized representative, shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this ordinance.

Stop Work Orders. Whenever any building or construction work is being conducted contrary to the provisions of this ordinance, the designated Town official, or his/her authorized representative, shall have the authority to order the work stopped by notice in writing served on the property owner or the contractor conducting the work or causing such work to be done, and any such person shall forthwith stop such work until authorized in writing by the Town to proceed with such work. Failure to immediately stop work as provided herein shall constitute a violation of this ordinance, in accordance with Section 14.3.88 (Penalty for Violations), and may incur penalties for such violation.

14.3.23-9 Schedule of Fees, Charges and Expenses.

Until all applicable fees, charges and expenses have been paid in full; no action shall be taken on any zoning or development application or on any appeal.

The Town Council shall determine and adopt a fee schedule for the purpose of recovering all or a portion of the administrative costs associated with processing zoning and development requests, including public hearings that are called for in this ordinance. Such fees shall be paid by the applicant and shall not be designed to in any way restrict the applicant's ability to seek and receive a hearing or to generate revenue for other than recovery of actual administrative costs incurred by the Town in the review and processing of applications. Immediately upon receipt of a complete submission for a zoning change or other development plan approval (in accordance with subsection 14.3.23-3C above), the Town Secretary (or his/her designee) shall issue a fee receipt and shall create a case file as a permanent Town record thereof.

(Ord. No. 2010-01, § 3, 1-12-10; Ord. No. 2010-17, § 2, 10-26-10; Ord. No. 2017-19, 8-22-17; Ord. No. 2019-20, § 10 (Exh. I), 8-27-19; Ord. No. 2020-06, § 2, 3-24-20; Ord. No. 2025-23, § 2(Exh. A), 7-21-25)

Sec. 14.3.24. - Building Permits; Certificates of Occupancy and Compliance.

14.3.24-1 Building Permits Required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the Town of Argyle. A building permit shall not be issued except in conformity with the provisions of this Ordinance, unless otherwise authorized by the Board of Adjustment in the form of a variance or special exception as provided in Subsection 14.3.22-7 of this Ordinance. A building permit shall not be issued until the property is properly zoned for the intended use, until the property is platted in accordance with the Subdivision Ordinance, nor until the Town has approved all appropriate plans.

14.3.24-2 Cancellation of Building Permit.

A permit will expire six months after issuance if work has not commenced. Any work done after a permit has expired will be in violation of this Ordinance, unless a new permit is obtained.

If the permit holder cannot demonstrate to the satisfaction of the building official that work has been done for six months since the last inspection, the permit shall become void.

Work done that is not in accordance with the approved plans or in violation of any provision of this Ordinance shall render the permit void.

A building official may notify the permit holder that the permit is void, but failure of the building official to notify the permit holder is not a condition of voiding the permit.

Once a permit becomes void, no further work shall be done until a new permit is obtained.

A permit holder may request one extension to address special circumstances, which may be granted by the building official.

14.3.24-3 Certificate of Occupancy.

A Certificate of Occupancy shall be required for any of the following:

Occupancy and use of a building hereafter erected or structurally altered;

Change in use of an existing building to a use of a different classification; and

Change in the use of land to a use of a different classification.

No such use, or change of use, shall take place until a Certificate of Occupancy therefore shall have been issued by the Town. The application fee(s) for a Certificate of Occupancy shall be as set forth in Town's schedule of fees as adopted and amended by the Town Council.

A record of all Certificates of Occupancy shall be kept on file in the Town Secretary's office (or his/her designee), and copies shall be furnished upon request to any person in accordance with State laws governing public records.

Procedure for New or Altered Buildings. Written application for a Certificate of Occupancy for a new building or for an existing building that is to be altered shall be made at the same time as the application for the building permit for such building. Said Certificate shall be issued after the building official orders the building or structure inspected and finds no violations of the provisions of this Ordinance or other regulations that are enforced by the building official, or his/her designee. Said Certificate shall be issued by the building official after the erection or alteration of such building or part thereof has been completed in conformity with all applicable provisions of this Ordinance.

Procedure for Vacant Land or a Change in Building Use. Written application for a Certificate of Occupancy for the use of vacant land, a change in the use of land or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to the building official, or his/her designee. If the proposed use is a conforming use, as herein provided, written application shall be made to said building official, or his/her designee. If the proposed use is found to be in conformity with the provisions of this Ordinance, the Certificate of Occupancy shall be issued after the application for same has been made and all required inspections are completed and approved by the building official or his/her designee.

Contents of Certificate of Occupancy. Every Certificate of Occupancy shall contain the following:

Building permit number;

Address of the building;

Name and address of the owner;

Description of that portion of the building for which the Certificate is issued;

Statement that the described portion of the building has been inspected for compliance with the requirements of the Town's Building Codes for the particular group and division of occupancy;

Name of the building official;

Use(s) allowed;

Maximum number of persons/occupants; and

Issue date of Certificate of Occupancy.

Posting of Certificate of Occupancy. The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official.

Revocation of Certificate of Occupancy. The building official may, in writing, suspend or revoke a Certificate of Occupancy issued under the provisions of this Ordinance whenever the Certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provision of this Ordinance or the building code and other codes adopted by the Town, and any amendments thereto.

14.3.24-4 Completion of Buildings in Progress. Nothing contained herein shall require any change in the plans, construction or designated use of a building, the foundation for which has been completely constructed as of the effective date of this Ordinance, and the remaining construction of which shall have been completed within 365 calendar days following the effective date of this Ordinance. In addition, any nonresidential building or structure for which a building permit has been approved by the Town not more than 365 calendar days prior to the effective date of this Ordinance may be constructed according to the terms of that building permit.

(Ord. No. 2010-19, § 5, 12-14-10)

Sec. 14.3.25. - Concept Plan and Site Plan Review Processes.

14.3.25-1 Concept Plan.

Purpose. The purpose of a concept plan is to allow opportunity for the Planning and Zoning Commission and Town Council to preview various development-related aspects of a project, including proposed major thoroughfare and collector street patterns; land use patterns and trends; environmental issues and constraints; building orientation and massing; conformance to the comprehensive plan, zoning ordinance, subdivision ordinance, land use plan, thoroughfare plan, and other applicable plans and guidelines; and the property's relationship to adjoining subdivisions or properties. Review of a concept plan also assists the Town in evaluating the possible impacts of the proposed development in terms of provision of essential public facilities and services, respecting and preserving important natural features and the environment, provision of open space and recreational opportunities, and protecting the general health, safety and welfare of the community.

Submission and approval of a concept plan is the first step in the approval process for a residential development within an SF-20 and SF-10 zoning district and may be the first step in the approval process for any development project in which a site plan is required if the applicant prefers to do so.

Applicability.

Concept plan review and approval shall be required as follows:

For any submittal for a specific use permit;

For any submittal for a planned development;

For any submittal of a petition for an SF-20 zoning district; or

For any submittal of a petition for an SF-10 zoning district.

An applicant may voluntarily decide to submit a concept plan. Submission and approval of a concept plan is encouraged (but not required) in the following circumstances:

In conjunction with a zoning or rezoning request for a property that is intended for development;

Prior to submission of an application for a site plan and/or plat for a property that is intended for development (particularly large land parcels); or

In conjunction with any project where a road is to be established or realigned.

Submission Requirements. An application for concept plan approval shall be comprised of the following in order for said application to be considered complete: (incomplete submissions will not be reviewed until all deficient items and information have been received):

An application for a concept plan with notarized signatures of the owner or his/her designated representative if the applicant is not the owner of the subject property;

Application fee as established on the Town of Argyle schedule of fees;

Verification that all taxes and assessments on the subject property have been paid;

Copies of the concept plan, including all information specified by this ordinance and any applicable sections of the Town of Argyle subdivision ordinance, on 24-inch by 36-inch sheet(s) drawn to a known engineering scale that is large enough to be clearly legible and other required information, the quantity of which shall be determined by the Town Administrator (or his/her designee).

General layout for the required public improvements (water, wastewater, grading/storm drainage, streets, water quality, fire lanes and hydrants, screening and landscaping, etc.), the quantity of which shall be determined by the Town Administrator, or his/her designee.

Reduced copies (11-inch by 17-inch) of the site plan as required by the Town Administrator, or his/her designee.

Any additional information/materials (such as plans, maps, exhibits, legal description of property, information about proposed uses, etc.) as deemed necessary by the Town Administrator (or his/her designee), in order to ensure that the development request is understood.

If the application is for a single-family subdivision, a preliminary plat may qualify as a concept plan, notwithstanding other information contained herein that may still be deemed as required with the application.

Official Submission Date and Completeness of Application. For the purpose of these regulations, the "official submission date" shall be the date upon which a complete application for approval of a concept plan (that contains all elements and information required by this ordinance) is submitted to the Town Administrator (or designee). No application shall be deemed officially submitted until the Town Administrator (or designee) determines that the application is complete and a fee receipt is issued by the Town.

Supplemental Requirements. The Town's staff may require other information and data for specific concept plans. This data may include but is not limited to geologic information, water yields, flood data and/or hydrological studies, environmental information, traffic impact analysis, road capacities, market information, economic data for the proposed development, hours of operation, and similar information. Approval of a concept plan may establish conditions for construction based upon such information.

Principles and Standards for Concept Plan Review and Evaluation. The following criteria have been set forth as a guide for evaluating the adequacy of proposed development within the Town of Argyle, and to ensure that all developments are, to the best extent possible, constructed according to the Town's codes and ordinances.

The Town Administrator, or his/her designee, shall review the concept plan for compliance with all applicable Town ordinances and with the comprehensive plan; for harmony with surrounding uses and with long-range plans for the future development of Argyle; for the promotion of the health, safety, order, efficiency, and economy of the Town; and for the maintenance of property values and the general welfare.

Concept plan review and evaluation by the Town Administrator, or his/her designee, shall be performed with respect to the following:

The plan's compliance with all provisions of the zoning ordinance and other ordinances of the Town of Argyle.

The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

The relationship of the development to adjacent uses in terms of harmonious design, setbacks, maintenance of property values, and any possible negative impacts.

The provision of a safe and efficient vehicular and pedestrian circulation system.

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.

The coordination of streets so as to arrange a convenient system consistent with the thoroughfare plan of the Town of Argyle, as amended.

The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and to complement and integrate the design and location of buildings into the overall site design.

The location, size, accessibility, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

Protection and conservation of soils from erosion by wind or water or from excavation or grading.

10.

Protection and conservation of watercourses and areas that are subject to flooding.

11.

Consistency with the comprehensive plan of the Town of Argyle, as amended.

12.

In approving a concept plan, the Town Council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community. When approving an application for site design and use, the Planning and Zoning Commission and the Town Council may include any or all of the following conditions if they find it necessary to meet the intent and purpose of the standards of this ordinance:

Require a maximum increase of 20 percent in the width or required plant materials for perimeter bufferyards in order to ensure compatibility between different land uses.

Require retention of significant physical features of a site. Said significant physical features includes, but are not limited to: existing stands of trees, protected trees as specified by the Town's tree preservation standards, bodies of water, watercourses, floodplains and other flood hazard areas, and other natural features.

Require pedestrian access, separate pedestrian accessways, sidewalks and protection for rain in new developments.

Require developments to provide access to improved streets and, where possible, provide access to the lower order street rather than a major collector or arterial street as designated on the major thoroughfare plan, as amended.

Approval Process and Revisions.

Pre-Application Conference. The applicant(s) shall avail themselves of the advice and assistance of the Development Review Committee, and shall consult with the Development Review Committee before preparing a concept plan.

Prior to formal application for approval of any concept plan, the applicant(s) shall request and attend a pre-application conference with the Development Review Committee in order to become familiar with the Town's development regulations and the development process. At the pre-application conference, the developer may be represented by his/her land planner, engineer and/or surveyor.

Town Staff Review. Upon official submission of a complete application for concept plan approval, the Town shall commence technical review of the development proposal and forward to Planning and Zoning Commission for consideration.

Application Withdrawal and Inactive Cases.

After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a letter of withdrawal request to the Director of Community Development.

Action by the Planning and Zoning Commission and the Town Council. All concept plan applications shall be reviewed by the Planning and Zoning Commission, and if in conformance with the provisions of this ordinance and all other applicable regulations and codes of the Town, they shall then be considered for approval by the Town Council. The Planning and Zoning Commission shall review the concept plan and shall recommend approval, approval subject to certain conditions, or disapproval of the concept plan or site plan. If the Planning and Zoning Commission recommends approval (with or without conditions) of the plan, then it will be forwarded to the Town Council for consideration. If the Planning and Zoning Commission recommends disapproval of a plan application, the Commission shall state such disapproval and the reasons therefor. The applicant or property owner may appeal such decision to Town Council by filing a written notice of appeal in the office of the Town Administrator (or designee) no later than ten calendar days after the date upon which the Commission denied the application. The notice of appeal shall set forth in clear and concise fashion the basis for the appeal. The Town Council may change the decision of the Commission only by a three-quarters vote of the full Town Council. The Town Council may also, where appropriate, remand the concept plan or site plan application back to the Commission for reconsideration if it believes that there is a compelling reason to do so (such as the introduction of significant new facts or testimony, etc.). The Town Council shall determine final approval or disapproval of all concept plan applications.

Lapse of Concept Plan Approval. The approval of a concept plan shall be effective for a period of 183 calendar days beyond the date that the plan was approved by the Town Council except as provided herein. By the 184 ^th calendar day following Council approval of the plan, the applicant must have completed a Town-required "progress benchmark" as set forth below. If this is not accomplished, then the approved concept plan shall be deemed to have expired and shall become null and void. The series of "progress benchmarks" for a project, pursuant to the provisions of this paragraph, are as follows:

Approved Plan	Next "Progress Benchmark"
Concept Plan (voluntary, except with PDs & SUPs, SF-20 & SF-10 Zoning Requests).	Approval of the final plan (per zoning ordinance) and approval of the construction plat (per subdivision ordinance) within 183 calendar days following approval of the concept plan; also, continued active engineering review of the engineering/construction plans that were submitted along with the construction plat and final site plan.

Site Plan	Engineering release and commencement of construction of public improvements, and application for a building permit for at least one of the buildings on the approved site plan, within 183 calendar days following approval of the site plan.

Extension and Reinstatement Procedure.

Prior to the lapse of approval for a concept plan, the applicant may submit a written petition to the Town to extend the plan approval. Such petition shall be considered at a public meeting before the Planning and Zoning Commission and then Town Council and an extension may be granted by Town Council at such meeting. If no petition for extension of concept plan approval is submitted, then the plan shall be deemed to have expired and shall become null and void. Any new request for concept plan approval shall be deemed a "new project;" shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section; and shall be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

In determining whether to grant a request for extension, the Town Council shall take into account the following:

The reasons for the lapse;

The ability of the property owner to comply with any conditions attached to the original approval; and

The extent to which development regulations would apply to the concept plan at that point in time.

The Commission and Town Council shall either extend the concept plan or deny the request, in which instance the originally approved plan shall be deemed null and void. The property owner must thereafter submit a new concept plan application for approval as a "new project," and shall conform to the zoning and development regulations then in effect.

Concept Plan Requirements.

Extent of Area that should be Included in a Concept Plan. When the overall development project is to be developed in phases, the area to be included in the concept plan area shall be the entire zoned property from which the phases are being developed, as well as an approximate development schedule. Where significant natural or man-made features, such as thoroughfares or creeks, make inclusion of the entire property in the concept plan unnecessary to adequately review the items to be shown on a concept plan, the plan may include a smaller study area. Boundaries such as major thoroughfares (existing or proposed), creeks, political subdivisions, or other such natural or man-made features may be used to delineate the smaller study area.

Procedures and Submission Requirements for Concept Plan Approval. Submission of an application for concept plan approval shall be preceded by a pre-application conference with the Town (see subsection 14.3.25-1.G.1). The concept plan shall be prepared at a scale no smaller than one inch equals 200 feet or any other such scale specified by the Town Administrator or his/her designee, and on sheets 24 inches by 36 inches, and it shall show the following:

A title block within the lower right-hand corner of the concept plan with the proposed name of the project/subdivision;

The name and address of the owner/developer and the person(s) or entity responsible for preparing the plan;

The scale of the drawing (both written and graphic scale) and north arrow;

The date the drawing was prepared;

Total site acreage and the location of the property according to the abstract and survey records of Denton County, Texas;

A vicinity or location map that shows the location of the proposed development within the Town (or its ETJ) and in relationship to existing roadways;

The boundary survey limits of the tract and scale distances with north clearly indicated;

The names of adjacent subdivisions (or the name of the owners of record and recording information for adjacent parcels of unplatted land), including parcels on the other sides of roads, creeks, etc.;

The existing uses of the subject property;

The general arrangement of future land uses, including the approximate number of lots and any residential uses anticipated;

A generalized circulation plan for the subject property showing the proposed locations and patterns of motor vehicle and pedestrian traffic. Said circulation plan shall contain arrows indicating traffic flow;

The existing zoning and existing/proposed uses on adjacent land;

The location, width and names of all existing or platted streets or other public ways within or adjacent to the tract;

The location, type, size and recording information for any existing easements located on the subject property or within 200 feet of the subject property. In the event no existing easements have been dedicated, a note to that effect shall be provided;

Railroad rights-of-way located within 200 feet of the subject property;

Topography, including contours at ten-foot intervals, with existing drainage channels or creeks;

Any 100-year floodplain as designated on the appropriate flood insurance rate map (FIRM) located on or within 200 feet of the subject tract. In the event that a 100-year floodplain is not located on the subject tract or within 200 feet of the subject tract, a note to that effect must be provided with the reference to appropriate panel number;

Any significant natural features such as rock outcroppings, caves, wildlife habitats, etc.;

All substantial natural vegetation;

Location, type, size, and ownership of all existing water and wastewater lines.

Said water and wastewater lines shall include all appurtenances—i.e. valves, hydrants;

Location, type, and size of all drainage and other underground structures;

Proposed connection to all existing water, wastewater, and drainage systems;

Adjacent political subdivisions, corporate limits, and/or school district boundaries;

Identification of forested or treed areas that are to be preserved or left undisturbed;

The layout and width (right-of-way lines) of existing and proposed thoroughfares, collector streets and/or intersections, and a general configuration of proposed streets, lots and blocks, including proposed median openings and left turn lanes on future divided roadways;

Existing and planned driveways located within 200 feet of the subject tract, including those located on the opposite side of divided roadways;

aa.

A general arrangement of land uses and buildings, including but not limited to:

Proposed nonresidential and residential densities;

Building heights;

Building envelopes or general areas of proposed construction;

Building massing and orientation;

Location of loading/service areas;

Location of recycling containers, compactors, dumpsters and their enclosures;

Sidewalks and pedestrian walkways;

Parking areas;

Any proposed sites for parks, schools, public facilities, public or private open spaces; and

bb.

The phasing of development (the anticipated order of development for the overall property).

Effect of Review. Developments in which a concept plan is required shall be designed and constructed in substantial conformance with the approved concept plan and approval shall be deemed a formal authorization to proceed with platting or the next appropriate phase of development.

Where a concept plan is presented voluntarily (is not a mandatory submittal), it shall be used solely as an aid to show the anticipated layout of the proposed development and to assess the adequacy of public facilities or services that will be needed to serve the proposed development. Any proposed use or development depicted on the concept plan shall not be deemed a formal authorization or approval by the Town until a final site plan is approved for the development. Concept plan approval is a general acknowledgment by the Town that the proposed layout generally conforms to the Town's comprehensive plan and zoning regulations, and that the proposed development can be adequately served by the necessary public facilities or services.

In the event that the applicant chooses to construct only the initial phase(s) of a multi-phase project as designated on a concept plan, a new concept plan may be required for site plan approval of subsequent phases if the proposed development layout, character, or other conditions affecting the development substantially change from one phase to the next.

The approved concept plan shall be valid for a period of 183 calendar days from the date of concept plan approval by Town Council.

14.3.25-2 Site Plan.

Purpose. This section establishes a site plan review process for certain proposed residential, nonresidential, and mixed-use developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with the comprehensive plan and other appropriate design standards, safe and efficient vehicular and pedestrian circulation, adequate parking and loading, and adequate water supply, drainage and stormwater management, sanitary sewer facilities, and other utilities and services.

Applicability. Site plan review and approval shall be required as follows:

For any development that contains two or more residential dwelling units on a single tract, lot, or parcel of land;

For any development that contains single-family attached dwelling units;

For any nonresidential development;

Any increase in an existing nonresidential structure or a residential structure that contains two or more residential dwelling units that is greater than 30 percent of the existing building square footage;

For any planned development district or specific use permit.

For any single-family residential development that includes a private amenity or facility or a golf course.

No building permit shall be issued for any of the above developments until a site plan and all other required engineering/construction plans are first approved by the Town. No certificate of occupancy shall be issued until all construction and development conforms to the approved site plan and associated engineering/construction plans. The site plan review process shall include, but not be limited to, the following steps:

Pre-application conference;

Concept plan review (pursuant to Section 14.3.25-1 above);

Site plan review and approval; and

Construction of project (after Town approval of required site plan and other associated plans, including platting and engineering plans).

Submission Requirements. An application for site plan approval shall be comprised of the following in order for said application to be considered complete (incomplete submissions will not be reviewed until all deficit items and information has been received):

An application for a site plan with notarized signatures of the owner or his/her designated representative if the applicant is not the owner of the subject property;

Application fee as established on the Town of Argyle schedule of fees;

Verification that all taxes and assessments on the subject property have been paid;

Copies of the site plan, including all information specified by this ordinance and the Town of Argyle subdivision ordinance, on 24-inch by 36-inch sheet(s) drawn to a known engineering scale that is large enough to be clearly legible and other required information, the quantity of which shall be determined by the Town Administrator (or his/her designee).

Reduced copies (11-inch by 17-inch) of the site plan as required by the Town Administrator, or his/her designee.

Landscaping and irrigation plans (with site plan; not required with concept plan), the quantity of which shall be determined by the Town Administrator (or his/her designee).

If the application is for a single-family subdivision, a preliminary plat may qualify as a site plan, notwithstanding other information contained herein that may still be deemed as required with the application.

Official Submission Date and Completeness of Application. For the purpose of these regulations, the "official submission date" shall be the date upon which a complete application for approval of a site plan (that contains all elements and information required by this ordinance) is submitted to the Town Administrator (or designee). No application shall be deemed officially submitted until the Town Administrator (or designee) determines that the application is complete and a fee receipt is issued by the Town.

Supplemental Requirements. The Town's staff may require other information and data for specific site plans. This data may include but is not limited to geologic information, water yields, flood data and/or hydrological studies, environmental information, traffic impact analysis, road capacities, market information, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, signage, and similar information. Approval of a site plan may establish conditions for construction based upon such information.

Principles and Standards for Site Plan Review and Evaluation. The following criteria have been set forth as a guide for evaluating the adequacy of proposed development within the Town of Argyle, and to ensure that all developments are, to the best extent possible, constructed according to the Town's codes and ordinances.

The Town Administrator, or designee, shall review the site plan for compliance with all applicable Town ordinances and with the comprehensive plan; for harmony with surrounding uses and with long-range plans for the future development of Argyle; for the promotion of the health, safety, order, efficiency, and economy of the Town; and for the maintenance of property values and the general welfare.

Site plan review and evaluation by the Town Administrator, or designee, shall be performed with respect to the following:

The plan's compliance with all provisions of the zoning ordinance and other ordinances of the Town of Argyle.

The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

The relationship of the development to adjacent uses in terms of harmonious design, facade treatment, setbacks, building materials, maintenance of property values, and any possible negative impacts.

The provision of a safe and efficient vehicular and pedestrian circulation system.

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.

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

The coordination of streets so as to arrange a convenient system consistent with the thoroughfare plan of the Town of Argyle, as amended.

Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection upon adjacent properties.

10.

The location, size, accessibility, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

11.

Protection and conservation of soils from erosion by wind or water or from excavation or grading.

12.

Protection and conservation of watercourses and areas that are subject to flooding.

13.

Provision of the adequate capacity of public or private facilities for water, sewer, paved access to and through the development, electricity, storm drainage, and adequate traffic management.

14.

Consistency with the comprehensive plan of the Town of Argyle, as amended.

15.

In approving a site plan, the Town Council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community. When approving an application for site design and use, the Planning and Zoning Commission and the Town Council may include any or all of the following conditions if they find it necessary to meet the intent and purpose of the standards of this ordinance:

Require a maximum increase of 20 percent in the width or required plant materials for perimeter bufferyards in order to ensure compatibility between different land uses.

Require such modifications in the landscaping plan as will ensure proper screening and aesthetic appearance.

Require plantings and ground cover to be predominant, not accessory, to other inorganic or dead organic ground cover.

Require the modification or revision of the placement, design or remodeling of structures, signs, accessory buildings, etc. to be consistent with the standards of this ordinance.

Specify the type and placement or shielding of lights for outdoor circulation, parking, and security.

Require new developments that produce more than 1,000 vehicle trips per day to provide traffic mitigation by means of traffic signals, traffic controls, turning islands, landscaping or any other means necessary to ensure the viability, safety, and integrity of existing and proposed thoroughfares, based upon the results of a traffic impact assessment.

Require pedestrian access, separate pedestrian accessways, sidewalks and protection for rain in new developments.

Approval Process and Revisions.

Pre-Application Conference. The applicant(s) should avail themselves of the advice and assistance of the Development Review Committee, and should consult with the Development Review Committee before preparing a site plan.

Prior to formal application for approval of site plan, the applicant(s) shall request and attend a pre-application conference with the Development Review Committee in order to become familiar with the Town's development regulations and the development process. At the pre-application conference, the developer may be represented by his/her land planner, engineer and/or surveyor.

Town Staff Review. Upon official submission of a complete application for site plan approval, the Town shall commence technical review of the development proposal by forwarding a copy of the application to the Development Review Committee.

Development Review Committee members shall review the application and shall ascertain its compliance with these and other applicable Town regulations. Following Development Review Committee review of the plan and supporting documents, and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit additional copies of the corrected plan to the Town Administrator (or designee) no later than seven calendar days prior to the Planning and Zoning Commission meeting. Failure to resubmit corrected copies of the plan back to the Town in time shall be cause for the Town Administrator (or designee) to forward the plan application to the Commission as it was originally submitted rather than the corrected version (corrected copies of the plan resubmitted to the Town less than seven days prior to the meeting date shall not be accepted or forwarded to the Commission). If, upon resubmission of the corrected plan to the Town, the Town Administrator (or designee) determines that the application is still incomplete or not correct (i.e., not ripe for consideration), the plan application shall be subject to denial.

Application Withdrawal and Inactive Cases.

After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a letter of withdrawal request to the Director of Community Development.

Action by the Planning and Zoning Commission and the Town Council. All site plan applications shall be reviewed by the Planning and Zoning Commission, and if in conformance with the provisions of this ordinance and all other applicable regulations and codes of the Town, they shall then be considered for approval by the Town Council.

The Planning and Zoning Commission shall review the site plan and shall recommend approval, approval subject to certain conditions, or disapproval of the site plan. If the Planning and Zoning Commission recommends approval (with or without conditions) of the plan, then it will be forwarded to the Town Council for consideration. If the Planning and Zoning Commission recommends disapproval of a plan application, the Commission shall state such disapproval and the reasons therefor. The applicant or property owner may appeal such decision to Town Council by filing a written notice of appeal in the office of the Town Administrator (or designee) no later than ten calendar days after the date upon which the Commission denied the application. The notice of appeal shall set forth in clear and concise fashion the basis for the appeal. The Town Council may change the decision of the Commission only by a three-quarters vote of the full Town Council. The Town Council may also, where appropriate, remand the site plan application back to the Commission for reconsideration if it believes that there is a compelling reason to do so (such as the introduction of significant new facts or testimony, etc.). The Town Council shall determine final approval or disapproval of all site plan applications.

Revisions to the Approved Site Plan.

Minor Revisions/Amendment. It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the Town Administrator, or his/her designee, shall have the authority to approve minor modifications to an approved site plan (which shall be submitted as an "amended site plan" that substantially conforms to the previously approved site plan), provided that such modifications do not significantly change traffic circulation, building location(s) on the site, proximity of building(s) to nearby residential areas, increase the size or height of building(s), or any other conditions specifically attached as part of the Town Council's approval of the site plan.

Submission materials and requirements for approval of an amended site plan shall be as determined by the Town Administrator, or his/her designee. If the Town Administrator, or his/her designee, refuses to approve an amended site plan, then the applicant shall resubmit the amended site plan as a "revised site plan" as described in subsection b. below, whereupon the revised site plan shall be scheduled for consideration by the Planning and Zoning Commission and Town Council.

Major Revisions. In the event of revisions that are more extensive in nature and do not conform to the description for minor amendments above, a "revised site plan" must be resubmitted, reviewed by the Town Administrator (or his/her designee), and reconsidered by the Planning and Zoning Commission and the Town Council in accordance with the site plan review and approval procedures set forth in this section.

Notice of Public Hearing.

For Site Plan applications proposing variances, deviations, and/or alternatives to the Town's zoning standards established in Article III Zoning of the Development Standards, notice of a public hearing to occur prior to the Planning and Zoning Commission shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the Town before the 15 ^th calendar day prior to the date of the public hearing. Written notice of the public hearing shall also be sent to all owners of property, as indicated by the most recently approved Town tax roll, that is located within the area of application and within 200 feet of the property line of the property subject to the application, said written notice to be sent before the tenth calendar day prior to the date such hearing is held.

Such notice shall describe the Site Plan application, describe the property or area subject to the application, indicate the dates of the scheduled Planning and Zoning and Town Council hearings, provide an area for the property owner to specify their support or opposition to the petition, provide a signature line for the addressee, and describe the addressee's rights as a property owner within 200 feet of the property in question pursuant to the V.T.C.A., Local Government Code § 211.006(d).

Notice to property owners within 200 feet may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the United States mail.

Lapse of Site Plan Approval.

The approval of a site plan shall be effective for a period of 183 calendar days beyond the date that the plan was approved by the Town Council except as provided herein. By the 184 ^th calendar day following Council approval of the plan, the applicant must have completed a Town-required "progress benchmark" as set forth below. If this is not accomplished, then the approved site plan shall be deemed to have expired and shall become null and void.

The series of "progress benchmarks" for a project, pursuant to the provisions of this paragraph, are as follows:

Approved Plan	Next "Progress Benchmark"
Site Plan	Engineering release and commencement of construction of public improvements, and application for a building permit for at least one of the buildings on the approved site plan, within 183 calendar days following approval of the site plan.

Extension and Reinstatement Procedure.

Prior to the lapse of approval for a site plan, the applicant may submit a written petition to the Town to extend the plan approval. Such petition shall be considered at a public meeting before the Planning and Zoning Commission and then Town Council and an extension may be granted by Town Council at such meeting. If no petition for extension of site plan approval is submitted, then the plan shall be deemed to have expired and shall become null and void. Any new request for site plan approval shall be deemed a "new project;" shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section; and shall be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

In determining whether to grant a request for extension, the Town Council shall take into account the following:

The reasons for the lapse;

The ability of the property owner to comply with any conditions attached to the original approval; and

The extent to which development regulations would apply to the site plan at that point in time.

The Commission and Town Council shall either extend the site plan or deny the request, in which instance the originally approved plan shall be deemed null and void. The property owner must thereafter submit a new site plan application for approval as a "new project," and shall conform to the zoning and development regulations then in effect.

Site Plan Requirements.

Applicability and Purpose. Submission and Town approval of a site plan is required as stated in this section. The purpose of final site plan approval is to ensure that a development project is in compliance with all applicable Town ordinances and guidelines prior to commencement of construction. Approval of the site plan, required platting, landscape plan, building facade plan, and engineering plans are required prior to site construction.

Extent of Area that should be Included in a Site Plan. When the overall development project is to be developed in phases, the site plan area shall include only the portion of the overall property that is to be developed/constructed.

Procedures and Submission Requirements for Site Plan Approval. Submission of an application for site plan approval shall be preceded by a pre-application conference with the Town (see subsection 14.3.25-2.G.1). The site plan shall be prepared by a qualified civil engineer, land planner, architect or surveyor, at a scale of one inch equals 100 feet or any other such scale as approved by the Town Administrator, or his/her designee, and on sheets 24 inches by 36 inches, and it shall clearly show in detail how the site will be constructed (such as paving, buildings, landscaped areas, utilities, etc.). The site plan shall include, but not be limited to the following:

A title block within the lower right-hand corner of the concept plan with the proposed name of the project/subdivision;

The name and address of the owner/developer and the land planner, engineer, architect or surveyor responsible for the design or survey;

The scale of the drawing (both written and graphic scale) and north arrow;

The date the drawing was prepared;

Total site acreage and the location of the property according to the abstract and survey records of Denton County, Texas;

A vicinity or location map that shows the location of the proposed development within the Town (or its ETJ) and in relationship to existing roadways;

The boundary survey limits of the tract and scale distances with north clearly indicated;

The names of adjacent subdivisions (or the name of the owners of record and recording information for adjacent parcels of unplatted land), including parcels on the other sides of roads, creeks, etc.;

The existing uses of the subject property;

The general arrangement of future land uses, including the approximate number of lots and any residential uses anticipated;

The existing zoning and existing/proposed uses on adjacent land;

The location, width and names of all existing or platted streets or other public ways within or adjacent to the tract;

The location and building footprints of existing buildings located on the property. Existing buildings shall be noted as to those that are to remain and those that are to be removed;

Railroad rights-of-way located within 200 feet of the subject property;

Topography, including contours at five-foot intervals, with existing drainage channels or creeks;

Any significant natural features such as rock outcroppings, caves, wildlife habitats, etc.;

All substantial natural vegetation;

Location, type, size, and ownership of all existing water and wastewater lines.

Said water and wastewater lines shall include all appurtenances—i.e. valves, hydrants;

Location, type, and size of all drainage and other underground structures;

Proposed connection to all existing water, wastewater, and drainage systems;

Adjacent political subdivisions, corporate limits, and/or school district boundaries;

Proposed strategies for tree preservation (showing individual trees or tree masses that will be preserved, and the techniques that will be used to protect them during construction);

aa.

Existing and planned driveways located within 200 feet of the subject tract, including those located on the opposite side of divided roadways;

bb.

A general arrangement of land uses and buildings, including but not limited to:

Proposed nonresidential and residential densities;

Building footprints for each proposed structure;

Building heights;

Building square footages for each proposed structure. For multi-tenant or multi-purpose buildings, show the square footage for each intended use;

Building massing and orientation;

Location of loading/service areas;

Location of recycling containers, compactors, dumpsters and their enclosures;

Sidewalks and pedestrian walkways;

Parking plan showing the proposed on-site parking stalls with dimensions and driveway aisles with dimensions;

10.

Retention/detention ponds with proposed aesthetic treatments;

11.

Screening walls;

12.

Fences;

13.

Signage;

14.

Fire lanes with dimensions for fire lane aisles and turnarounds;

15.

A lighting plan for all external lighting demonstrating that the Town's lighting standards have been met. Said lighting plan shall include the following:

The location and type of all lighting fixtures including the height of all pole lights;

A photometric analysis showing the estimated illumination at the property line;

The type of illumination fixtures to be utilized;

The type and method of shielding proposed;

Visibility easements; and

Any proposed sites for parks, schools, public facilities, public or private open spaces.

cc.

A landscape plan meeting the Town of Argyle standards for landscape plans as specified in Section 14.3.67 of this ordinance;

dd.

An irrigation plan meeting the Town of Argyle standards for irrigation plans as specified in Section 14.3.67 of this ordinance;

ee.

Building facade (elevation) plans showing the type and color of the exterior materials to be utilized for each building or structure and each screening wall. Said building elevations shall be drawn to a scale of one inch equals 20 feet or any such scale as designated by the Town Administrator, or his/her designee; and

ff.

A traffic impact analysis as specified in meeting the specifications and requirements of the Town of Argyle subdivision regulations.

Provision of the above items shall conform to the principles and standards of this ordinance and the comprehensive plan. To ensure the submission of adequate information, the Town is hereby empowered to maintain and distribute a separate list of specific requirements for site plan review applications. Upon periodic review, the Town Administrator (or his/her designee) shall have the authority to update such requirements for site plan and development review applications. It is the applicant's responsibility to be familiar with, and to comply with, these requirements.

Effect of Review. The site plan shall be considered authorization to proceed with construction of the site provided all other required Town approvals are obtained (such as construction plat, engineering plans, landscape plan, building facade plans, building permits, etc.). The approved site plan shall be valid for a period of 183 calendar days from the date of approval by the Town Council.

(Ord. No. 2010-01, § 3, 1-12-10; Ord. No. 2010-17, § 2, 10-26-10; Ord. No. 2019-20, § 5 (Exh. D), 8-27-19; Ord. No. 2020-06, § 2, 3-24-20; Ord. No. 2023-17, § 2(Exh. A), 5-15-23; Ord. No. 2024-38, § 2(Exh. A), 12-16-24)