This title implements the planning policies of the Comprehensive Plan and shall be construed to achieve its purposes.

Source: Section 13-1-5; Ord. 990225-70; Ord. 031211-11.

(A)

Regulations in this title apply as follows:

(1)

except as provided in Paragraph (5) and Subsection (B), all regulations apply to property in the zoning jurisdiction;

(2)

except as provided in Subsection (B), water quality, utility district, city utility, and subdivision regulations apply to property in the planning jurisdiction;

(3)

Chapter 25-1, Article 12 (Vested Rights) applies to projects in the planning jurisdiction;

(4)

Chapter 25-12, Article 4 (Electrical Code) applies to a structure served by the City's electric utility;

(5)

Chapter 25-12, Article 6 (Uniform Plumbing Code) applies to a structure served by the City's water utility; and

(6)

Chapter 25-13 (Airport Hazard and Compatible Land Use Regulations) applies in the geographic area described in that chapter.

(B)

Title 30 (Austin/Travis County Subdivision Regulations) governs the subdivision of land in the portion of the city's extraterritorial jurisdiction that is within Travis County.

Source: Sections 13-1-4 and 13-1-602; Ord. 990225-70; Ord. 010809-78; Ord. 031211-11; Ord. 031211-42; Ord. No. 20140612-084, Pt. 5, 6-23-14.

(A)

Requirements of this title are cumulative of requirements that are imposed by other ordinances, rules, or regulations, or by private easements, covenants, restrictions, or agreements. If a conflict occurs, the requirements of this title control.

(B)

If there is a difference of meaning or implication between the text of a provision of this title and an illustration or table, the text controls.

Source: Sections 13-1-20 and 13-1-21(d); Ord. 990225-70; Ord. 031211-11.

Unless a different definition is expressly provided, in this title:

(1)

ACCESSIBLE SPACE means a parking space for an individual with a disability that complies with the Americans with Disabilities Act (ADA) and Fair Housing Act Amendments (FHAA), as appropriate.

(2)

ACCESSORY, when used as an adjective to describe a land use, means incidental to, and customarily associated with, a principal use.

(3)

ACCOUNTABLE OFFICIAL means the City officer or employee designated by this title or the city manager with a particular administrative or enforcement responsibility.

(4)

ADVISORY BODY means a City board, commission, or other appointed body that does not make a final decision and whose review is not required by state law.

(5)

AGGREGATE means creating a site on which a structure has been built across two or more lots, at least one of which is substandard.

(6)

AGRICULTURAL OPERATIONS means:

(a)

producing crops for human food, animal feed, planting seed, or fiber;

(b)

floriculture, viticulture, horticulture, or silviculture;

(c)

raising or keeping livestock or poultry;

(d)

wildlife management; and

(e)

planting cover crops or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure.

(7)

AMPHITHEATER means an outdoor or open-air structure or manmade area specifically designed and used for assembly of 50 or more people and the viewing of an area capable of being used for entertainment and performances.

(8)

APPROVAL means:

(a)

a final decision granting or approving an application; or

(b)

an approval granted subject to modifications or conditions.

(9)

APPROVAL AUTHORITY means the City officer, employee, or body charged with reviewing and determining whether to approve an application.

(10)

ATTACHED, when used with reference to two or more buildings, means having one or more common walls or being joined by a covered porch, loggia, or passageway.

(11)

BASE DISTRICT means a zoning district established by this chapter to prescribe basic regulations governing land use and site development.

(12)

BLOCK means one or more lots, tracts, or parcels of land bounded by streets, railroads, or subdivision boundary lines.

(13)

BUFFER ZONE means a strip of land used to separate one land use from another incompatible land use.

(14)

BUILDING COVERAGE means the area of a lot covered by buildings or roofed areas, but excludes ground level paving, landscaping, open recreational facilities, incidental projecting eaves, balconies, and similar features.

(15)

BUILDING LINE means a line beyond which a building must be set back from the street line.

(16)

BUILDING SERVICE EQUIPMENT means plumbing, mechanical, electrical, and elevator equipment necessary for the occupancy or use of a structure.

(17)

CARPORT means a roofed space used as shelter for a parked vehicle.

(18)

CHANGE, when used in reference to a land use, means the replacement of an existing use with a new use, or a change in the nature of an existing use. A change of ownership, tenancy, name, or management, or a change in product or service within the same use classification where the previous nature of the use, line of business, or other function is substantially unchanged is not a change of use.

(19)

COLLECTOR STREET means a street collecting traffic from other streets and serving as the most direct route to a thoroughfare.

(20)

COMBINING DISTRICT means a zoning district established by this title to prescribe regulations to be applied to a site in combination with regulations applicable to a base district.

(21)

COMMON AREA means an area held, designed, or designated for the common use of the owners or occupants of a townhouse project, planned unit development, apartment, condominium, mobile home park, or subdivision.

(22)

COMMON SIDE LOT LINE means a side lot line between two or more lots.

(23)

COMPREHENSIVE PLAN means the plan adopted by the city council in accordance with Article X, Section 5, of the City Charter.

(24)

CONDEMNATION includes a purchase or donation of property under the threat of condemnation, but excludes a dedication of property as a condition of zoning, subdivision, site plan, or building permit approval.

(25)

CONDITIONAL USE means a use that is allowed on a discretionary and conditional basis in accordance with the conditional use process established in Chapter 25-5 (Site Plans).

(26)

CONTRACTOR means a person employed by an owner to develop property.

(27)

CORNER LOT means a lot located at the intersection of two streets, or of two segments of a curved street, forming an angle of not more than 135 degrees.

(28)

CURB means a vertical sloping structure located along the edge of a roadway, normally constructed integrally with the gutter, that strengthens and protects the pavement edge and clearly defines the pavement edge.

(29)

DESIRED DEVELOPMENT ZONE means the area not within the drinking water protection zone.

(30)

DEVELOPMENT means the construction or reconstruction of a building or road; the placement of a structure on land; the excavation, mining, dredging, grading, or filling of land; the removal of vegetation from land; or the deposit of refuse or waste on land. Development does not include:

(a)

lawn and yard care, including mowing, gardening, tree care, and maintenance of landscaped areas;

(b)

removal of trees or vegetation damaged by natural forces;

(c)

removal of vegetation or cultivation of the soil for agricultural operations, unless prohibited by Subsection 25-8-321(B) (Clearing of Vegetation); or

(d)

the repair, maintenance, or installation of a utility, drainage or street system that does not disturb land or increase impervious cover.

(31)

DIRECTOR, when used without a qualifier, means the director of the Watershed Protection and Development Review Department or the director's designee.

(32)

DOMINANT SIDE YARD, when used in reference to a small lot, means the side yard having the larger width.

(33)

DRINKING WATER PROTECTION ZONE means the areas within the Barton Springs Zone, the Barton Creek watershed, all water supply rural watersheds, and all water supply suburban watersheds, as described in Section 25-8-2 (Descriptions of Regulated Areas), that are in the planning jurisdiction.

(34)

DRIPLINE, when used in reference to a tree, means a line on the ground encircling the tree that is directly beneath the outermost portion of the tree canopy.

(35)

DRIVE-IN SERVICE means the sale of products or the provision of services to occupants in vehicles.

(36)

DRIVEWAY means a surfaced area providing vehicular access between a street and an off-street parking or loading area.

(37)

DRIVEWAY APPROACH means an area between the roadway and private property designed for and intended to provide vehicular access from the roadway to private property.

(38)

DWELLING UNIT means a residential unit other than a mobile home providing complete, independent living facilities including permanent provisions for living, sleeping, eating, and cooking.

(39)

EFFICIENCY, when used in reference to a dwelling unit, means a dwelling unit containing not more than 400 square feet of floor area, and not having a bedroom or sleeping area separate from the principal living area.

(40)

ENCLOSED means a roofed or covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, or an open space of less than 100 square feet fully surrounded by a building or walls exceeding eight feet in height.

(41)

FIRE PROTECTION PLAN means a document prepared for a specific project or development proposed for the wildland-urban interface area that describes ways to minimize and mitigate the fire problems created by the project or development, with the purpose of reducing the effect on the community's fire protection delivery system.

(42)

FLAG LOT means a lot that abuts a street by means of a strip of land that does not comply with the requirements of this chapter for minimum lot width.

(43)

FLOOR AREA RATIO means the ratio of gross floor area to gross site area.

(44)

FRONT LOT LINE means:

(a)

for an interior lot, the lot line abutting the street;

(b)

for a corner lot, the lot line designated as the front lot line by a subdivision or parcel map, or, if none, the shorter lot line abutting a street;

(c)

for a through lot, the lot line abutting the street that provides the primary access to the lot; and

(d)

for a flag lot, the lot line designated as the front lot line by a subdivision or parcel map, or if none, the line determined by the building official to be the front lot line.

(45)

FRONT YARD means a yard extending the full width of a lot between the front lot line and the front setback line.

(46)

GRADE means the horizontal elevation of a finished surface.

(47)

GROSS FLOOR AREA means the total enclosed area of all floors in a building with a clear height of more than six feet, measured to the outside surface of the exterior walls. The term includes loading docks and excludes atria airspace, parking facilities, driveways, and enclosed loading berths and off-street maneuvering areas.

(48)

GROSS SITE AREA means the total site area.

(49)

GUTTER means a shallow water drainage area adjacent to a curb.

(50)

HEIGHT, when used in reference to a building, means the vertical distance from the average of the highest and lowest grades adjacent to the building to:

(a)

for a flat roof, the highest point of the coping;

(b)

for a mansard roof, the deck line;

(c)

or a pitched or hip roof, the average height of the highest gable; or

(d)

for other roof styles, the highest point of the building.

(51)

HILL COUNTRY ROADWAY means a roadway described in Chapter 25-2, Subchapter C, Article 11 (Hill Country Roadway Requirements).

(52)

HILL COUNTRY ROADWAY AREA means an area described in Chapter 25-2, Subchapter C, Article 11 (Hill Country Roadway Requirements).

(53)

HISTORIC DISTRICT means an area included in a historic area (HD) combining district.

(54)

HISTORIC LANDMARK means a structure or site designated as a historic landmark (H) combining district.

(55)

INTERESTED PARTY means a person who meets the criteria established by Section 25-1-131 (Interested Parties).

(56)

INTERIOR LOT means a lot other than a corner lot.

(57)

INTERIOR LOT LINE means a lot line not abutting a street.

(58)

INTERIOR YARD means a yard, not adjacent to a street, that is determined on the basis of an interior lot line.

(59)

INTERNAL STREET means a private street in a mobile home park, planned unit development, planned development area, or other similar development.

(60)

LAND USE COMMISSION means the Planning Commission or the Zoning and Platting Commission, as determined in accordance with Section 25-1-46 (Land Use Commission).

(61)

LANDSCAPED AREA means an area devoted to plant material, planters, brick, stone, water, aggregate, and other landscape features, excepting smooth concrete or asphalt, where the use of inorganic materials does not predominate over the use of plants.

(62)

LARGE LOT means a lot of at least 10,000 square feet.

(63)

LOADING SPACE means an area used for loading or unloading goods from a vehicle in connection with the use of the site on which the loading space is located.

(64)

LOCAL STREET means a street that serves traffic within a neighborhood or limited residential district, and which is not necessarily continuous through several residential districts.

(65)

LOT means:

(a)

a parcel of real property with a unique designation shown on a plat, record of survey, parcel map, or subdivision map recorded in the office of the County Clerk; or

(b)

a parcel of real property established under zoning or subdivision regulations.

(66)

LOT LINE means a line or series of connected line segments bounding a lot.

(67)

MAINTENANCE EASEMENT, when used in reference to a small lot, means an easement granted by the owner of one lot to the owner of an adjoining lot for maintenance of a dwelling within five feet of a common side lot line.

(68)

MIRRORED GLASS means glass with a reflectivity index greater than 20 percent.

(69)

MOBILE HOME means a movable dwelling constructed on a chassis, designed for use without a permanent foundation, and designed to be connected to utilities. The term excludes manufactured modular housing designed to be set on a permanent foundation and recreational vehicles.

(70)

MOBILE HOME PARK means a unified development of mobile home spaces for rent or lease, including common areas and facilities for management, recreation, laundry and utility services, storage, and similar services for the convenience of residents.

(71)

MUNICIPAL UTILITY DISTRICT means a district created under Chapters 50 and 54 of the Texas Water Code.

(72)

NEIGHBORHOOD ORGANIZATION means a an association that has registered as a neighborhood organization under this title.

(73)

NOTICE OWNER means the owner of real property as shown on the records of the tax appraisal district in the county in which the property is located.

(74)

(RESERVED)

(75)

PARKING FACILITY means an area on a site for one or more off-street parking spaces together with driveways, maneuvering areas, and similar features, excluding commercial off-street parking and private garages.

(76)

PARKING SPACE means an area designated for parking a motor vehicle, excluding an area in a public right-of-way.

(77)

PARKING STRUCTURE means a building that includes five or more off-street parking spaces together with driveways, maneuvering areas, and similar features.

(78)

PEDESTRIAN WAY means the portion of a street right-of-way not used for a roadway.

(79)

PERMITTED USE means a use of property authorized by this title.

(80)

PLANNED DEVELOPMENT AREA means a combining district authorized by this chapter or an area subject to a planned development area agreement approved by the City.

(81)

PLANNED UNIT DEVELOPMENT means land developed as a single unit under unified control.

(82)

PLANNING JURISDICTION means the city and its extraterritorial jurisdiction.

(83)

PRELIMINARY PLAN means a map or drawing of a proposed plat, intended for consideration by the Land Use Commission or the city council in accordance with the requirements of this title.

(84)

PRINCIPAL BUILDING ENTRANCE means the primary building entrance where the majority of the public enters the building and which is open during all business hours, excluding secondary access through an attached parking garage. For mixed use development in a multi-tenant building, the entrance to each use at the tenant's outside entrance is considered a principal building entrance.

(85)

PRINCIPAL USE means the primary function of a site, building, or facility.

(86)

PRIVATE COMMON OPEN SPACE means a privately-owned outdoor or unenclosed area, located on the ground or on a roof, balcony, deck, porch, or terrace, designed and accessible for outdoor living, recreation, pedestrian access, or landscaping, and intended for use by the residents, employees, and/or visitors to a development.

(87)

PRIVATE PERSONAL OPEN SPACE means a privately-owned outdoor or unenclosed area, located on the ground or on a roof, balcony, deck, porch, or terrace, designed and accessible for outdoor living, recreation, pedestrian access, or landscaping, and intended for use solely by the individual residents of a condominium or multifamily dwelling unit.

(88)

PROPERTY means real property.

(89)

PUBLIC MOBILITY PROJECT means a transportation project, including a multi-use trail, rail or transit line, or street, funded by a public entity and located on publicly owned land or in the right-of-way or a public easement.

(90)

QUEUE LINE means an area for temporary parking of motor vehicles while awaiting service or other activity.

(91)

QUEUE SPACE means a space for a motor vehicle in a queue line.

(92)

REAR LOT LINE means the lot line that does not intersect the front lot line, or that is determined in accordance with Section 25-1-22 (Measurements).

(93)

REAR YARD means a yard extending the full width of a lot between the rear lot line and the rear setback line, excluding any area located within the street side yard of a corner lot.

(94)

RECORD OWNER means the owner of real property as shown by the deed records of the county in which the property is located.

(95)

RECREATIONAL VEHICLE means a vehicle or trailer designed for temporary dwelling or recreational purposes, and includes travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, boats, and boat trailers.

(96)

RELEASE means:

(a)

the written certification of the director that a site plan has been approved, that the site plan complies with this title, and that the conditions of approval for the site plan have been satisfied; or

(b)

the written certification of the director and the presiding officer of the Land Use Commission, that a plat has been approved, that the plat complies with this title, and that the conditions of approval for the plat have been satisfied.

(97)

RESIDENTIAL INFILL PROJECT means development of a site not exceeding 1.00 acre that consists of:

(a)

five to sixteen dwelling units; or

(b)

a re-subdivision of property that:

(i)

is zoned SF-1, SF-2, or SF-3;

(ii)

includes only land that was originally platted as a residential subdivision; and

(iii)

does not require a plat vacation.

(98)

RESPONSIBLE DIRECTOR means:

(a)

the director of the Watershed Protection and Development Review Department or the director's designee; or

(b)

the director of the Planning and Development Review Department or the director's designee for responsibilities arising under:

(i)

Chapter 25-2, Subchapter A, B, or D; or

(ii)

Chapter 25-3, except Article 3.

(99)

REVISION means a change in an approved or released plan that is initiated by an applicant.

(100)

RIGHT-OF-WAY means land dedicated or reserved for streets, utilities, or other public facilities.

(101)

ROADWAY means the portion of a street right-of-way used for vehicular travel.

(102)

SCREENED means hidden from the view of a person standing at ground level on an abutting site by an architectural or landscape feature that is, or will grow to, at least six feet in height.

(103)

SECURE means either in a dedicated locked room, an area enclosed by a fence with a locked gate, and/or within 100 feet of a permanent security guard station. For residential use enclosed private garage space is considered to be secure.

(104)

SETBACK LINE means a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a yard and governing the placement of structures and uses on the lot.

(105)

SIDE LOT LINE means a lot line intersecting the front lot line and extending a minimum distance of 25 feet.

(106)

SIDEWALK means the paved portion of a pedestrian way.

(107)

SIDE YARD means a yard extending the depth of a lot from the front yard to the rear lot line between the side lot line and the side setback line. For a corner lot, a street side yard is a yard that extends from the front yard to the rear lot line.

(108)

SITE means a contiguous area intended for development, or the area on which a building has been proposed to be built or has been built. A site may not cross a public street or right-of-way.

(109)

SITE PLAN means a plan for a development, other than a subdivision construction plan, submitted by an applicant to demonstrate that the development complies with the requirements of this title.

(110)

SMALL LOT means a lot with an area of less than 5,750 square feet.

(111)

SPECIAL EXCEPTION means the waiver of a requirement because of vested rights established in accordance with the procedures prescribed by Article 7, Division 3 (Special Exceptions).

(112)

STAFF means a City employee.

(113)

STANDARD LOT means a lot of at least 5,750 square feet and less than 10,000 square feet.

(114)

STREET LINE means a lot line abutting a street.

(115)

STREET YARD means a yard adjacent to a street and determined on the basis of a street lot line.

(116)

STRUCTURAL ALTERATION means a change in the supporting members of a building including load bearing walls, columns, girders, and beams over eight feet long.

(117)

STRUCTURE means a building of any kind, or a piece of work artificially built-up or composed of parts joined together in a definite manner.

(118)

SUBDIVIDE means:

(a)

to divide land into two or more lots or sites for the purpose of sale or development;

(b)

to resubdivide an existing lot; or

(c)

to combine of two or more lots into the same number or fewer lots with different boundaries.

(119)

SUBORDINATE SIDE YARD, when used in reference to a small lot, means the side yard having the smaller width.

(120)

SUBSTANDARD LOT means a lot or tract recorded by deed or plat that does not comply with current area, width, or depth requirements, but that complied with the requirements in effect when it was placed on record.

(121)

TECHNICAL CODE means the International Building Code, the National Electrical Code, the Uniform Mechanical Code, the Uniform Plumbing Code, the International Fire Code, the Uniform Solar Energy Code, the Uniform Housing Code, or the International Property Maintenance Code, as adopted by the city council.

(122)

THROUGH LOT means a lot, other than a corner lot, abutting more than one street.

(123)

TINY HOME means a dwelling unit that is 400 square feet or less in floor area excluding loft space.

(124)

TOWNHOUSE means a dwelling unit having a common wall with or abutting one or more adjoining dwelling units in a townhouse group.

(125)

TOWNHOUSE GROUP means two or more contiguous townhouses.

(126)

TOWNHOUSE LOT means the portion of a townhouse development that is intended for separate ownership as the location of a single townhouse and associated private yard area.

(127)

TRANSPORTATION PLAN means the Austin Metropolitan Area Transportation Plan or an equivalent plan adopted by the city council as part of the Comprehensive Plan.

(128)

UPDATE means additional information, a plan, or a plat submitted by an applicant in response to comments by a review entity.

(129)

USE means the conduct of an activity, or the performance of a function, on a site or in a structure.

(130)

USE EASEMENT, when used in reference to a small lot, means an easement granted by the owner of a small lot with the subordinate side yard to the owner of a small lot with a dominant side yard along the common lot line, and which allows the occupant of the dwelling unit on the lot having the dominant side yard the use, enjoyment, and privacy of the dominant side yard.

(131)

VALUE or VALUATION, when used in reference to a structure, means the estimated cost to replace the structure in kind, based on current replacement costs.

(132)

VARIANCE means a waiver of a provision of this title under Article 7, Division 2 (Variances).

(133)

WATER CONTROL AND IMPROVEMENT DISTRICT means a district created under Chapters 50 and 51 of the Water Code.

(134)

WATER DISTRICT means a district created under Title 4 of the Water Code.

(135)

WILDLAND-URBAN INTERFACE AREA means an area designated by the city council as one where conditions affecting the combustibility of both wildland and built fuels allow for the ignition and spread of fire through the combined fuel complex.

(136)

WORKING DAY is synonymous with BUSINESS DAY and excludes a Saturday, Sunday, an official City holiday, or any other day on which City offices are closed for regular business at any time during normal business hours.

(137)

YARD means an open space on a lot adjoining a lot line.

(138)

ZERO LOT LINE means a common lot line on which a wall of a structure may be constructed.

(139)

ZONING MAP means the zoning district map of the City as adopted by ordinance.

Source: Sections 13-1-22, 13-2-1, 13-2-401, 13-2-435, and 13-5-61; Ord. 990225-70; Ord. 990805-46; Ord. 000309-39; Ord. 000406-85; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11; Ord. 041202-16; Ord. 20111215-096; Ord. 20120524-139; Ord. 20130228-074; Ord. 20130523-104; Ord. 20130926-145; Ord. No. 20160303-036, Pt. 1, 3-14-16; Ord. No. 20160421-039, Pt. 1, 5-2-16; Ord. No. 20170615-102, Pt. 1, 6-15-17; Ord. No. 20220519-094, Pt. 1, 5-30-22; Ord. No. 20230413-057, Pt. 1, 4-24-23; Ord. No. 20230831-141, Pt. 1, 9-11-23; Ord. No. 20231207-001, Pt. 1, 12-18-23; Ord. No. 20231102-028, Pt. 1, 11-13-23; Ord. No. 20240516-006, Pt. 1, 5-27-24; Ord. No. 20250306-037, Pt. 1, 5-23-25.

(A)

Lot area is the net horizontal area within the lot lines, excluding the portion of the lot:

(1)

that provides street access, if the lot is a flag lot; or

(2)

that is located below 492.8 feet of elevation above sea level, if the lot is adjacent to Lake Austin.

(B)

Lot depth is the horizontal distance between the mid-point of the front lot line and the midpoint of the rear lot line.

(C)

Except as otherwise provided in this title, lot width is measured at the front setback line and at a distance of 20 feet to the rear of the front setback line.

(D)

In determining required yards and setbacks for an irregularly shaped lot or a lot bounded by only three lot lines, the rear lot line is:

(1)

a line ten feet long;

(2)

parallel to the front lot line; and

(3)

at the most distant location from the front lot line.

(E)

A distance from a structure to a line or location is measured from the exterior face of the nearest wall or vertical support of the structure to the line or location. For a structure that does not have a wall or vertical support, the building official shall determine the point of measurement.

Source: Sections 13-2-1, 13-2-602 and 13-2-603; Ord. 990225-70; Ord. 031211-11; Ord. No. 20240516-006, Pt. 2, 5-27-24.

(A)

Except as otherwise provided in this section, impervious cover means the total area of any surface that prevents the infiltration of water into the ground, such as roads, parking areas, concrete, and buildings.

(B)

Impervious cover shall be calculated in accordance with the Environmental Criteria Manual and Section 25-8-63 (Impervious Cover Calculations).

Source: Ord. 000406-85; Ord. 031211-11; Ord. 20080306-072; Ord. 20131017-046.

The Neighborhood Planning and Zoning Department provides the citizens of Austin with assistance in neighborhood planning, makes recommendations on land use issues, coordinates the delivery of neighborhood services, and ensures compliance with zoning and housing regulations. The department has the duties and powers prescribed by ordinance or delegated by the city manager. The city manager shall appoint a director to manage the department.

Source: Ord. 010329-18; Ord. 031211-11.

The Watershed Protection and Development Review Department ensures that development in the City's planning jurisdiction efficiently and effectively complies with the Comprehensive Plan and City ordinances and serves the citizens of Austin by using environmentally responsible, cost-effective water resource management to protect lives, property, and quality of life. The department has the duties and powers prescribed by ordinance or delegated by the city manager. The city manager shall appoint a director to manage the department.

Source: Section 13-1-130; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

(A)

The city manager shall appoint an environmental officer to advise and direct the city staff and ensure that environmental protection is the highest priority in public and private development.

(B)

The environmental officer may receive complaints from citizens, investigate the complaints, and report the findings to the city manager.

(C)

The environmental officer shall deliver a report on Austin's environment to the city manager and Council each April.

Source: Section 13-1-134(d); Ord. 990225-70; Ord. 031211-11.

(A)

The Planning Commission or the Zoning and Platting Commission may act as the Land Use Commission, as prescribed by this section.

(B)

The Planning Commission or the Zoning and Platting Commission may act as the Land Use Commission to consider an appeal for a disapproval of an application for preliminary plan or plat. The determination of which commission shall act as the Land Use Commission for a particular preliminary plan or plat application shall be made by the director based on agenda management considerations. Regardless of the initial determination, either Commission may act as the land use commission for subsequent consideration of the application.

(C)

The Zoning and Platting Commission shall act as the Land Use Commission for all applications, except as provided in Subsection (D).

(D)

The Planning Commission shall act as the land use commission for property that is wholly or partly within:

(1)

the boundaries of a neighborhood plan that the council has adopted as a component of the comprehensive plan;

(2)

the former Robert Mueller Municipal Airport site;

(3)

a transit oriented development (TOD) district;

(4)

the old Enfield neighborhood planning area; or

(5)

the boundaries of a proposed neighborhood plan that the Planning Commission is considering as an amendment to the comprehensive plan. In this subsection, Planning Commission consideration of a proposed neighborhood plan:

(a)

begins on the effective date of a council resolution or ordinance directing the Planning Commission to consider a neighborhood plan for an identified area; and

(b)

ends on the date that the council adopts or rejects the proposed neighborhood plan or withdraws its directive to the Planning Commission to consider a neighborhood plan for the area.

(E)

A liaison committee of the Planning Commission and the Zoning and Platting Commission is established. The chair of each commission shall appoint two commission members to serve on the committee. The committee shall meet regularly to exchange information relating to the commissions and make recommendations to the commissions on common policies, objectives, issues, and activities.

Source: Ord. 010607-8; Ord. 011129-79; Ord. 031211-11; Ord. 20060309-057; Ord. 20060622-128; 20090806-068; Ord. 20120524-083; Ord. 20121018-104; Ord. No. 20140626-113, Pt. 2, 7-7-14; Ord. No. 20190822-117, Pt. 1, 9-1-19; Ord. No. 20230831-141, Pt. 2, 9-11-23.

The fees required under this title shall be established by separate ordinance.

Source: Section 13-1-32(a); Ord. 990225-70; Ord. 031211-11.

(A)

An applicant shall post fiscal security required under this title with the director.

(B)

The amount of fiscal security posted by an applicant shall equal the estimated cost to the City to do the work for which the fiscal security is required. A qualified professional must provide the director with an estimate of the cost, and the director's approval of the estimate is required.

(C)

An applicant may post as fiscal security:

(1)

a cash deposit;

(2)

a performance bond; or

(3)

a letter of credit.

(D)

The director shall return the fiscal security to the applicant if the director determines that:

(1)

the applicant has obtained a certificate of occupancy, certificate of compliance, or final acceptance letter for the work for which the fiscal security was posted; or

(2)

the obligation to do the work for which the fiscal security was posted has terminated.

(E)

The director may draw on the fiscal security and pay the cost of fulfilling the applicant's obligations if the director determines that an applicant has breached the obligations secured by the fiscal security. The director shall pay the balance of the fiscal security, if any, to the applicant. The applicant is liable for the cost that exceeds the amount of fiscal security, if any, to the director.

(F)

A public mobility project in the right-of-way is not required to post fiscal security under this title.

Source: Section 13-1-32(b) through (e); Ord. 990225-70; Ord. 031211-11; Ord. No. 20220519-094, Pt. 2, 5-30-22.

(A)

In the zoning jurisdiction and in a municipal utility district that has a consent agreement with the City requiring the issuance of a building permit, a person may not use, occupy, or change the existing use or occupancy of a structure unless the building official has issued a certificate of occupancy for the structure.

(B)

In the planning jurisdiction:

(1)

for development that does not require a site plan, a person may not use or occupy a structure unless the accountable official has issued a certificate of compliance for the subdivision infrastructure; and

(2)

for development that requires a site plan, a person may not use or occupy the development included in the site plan unless the accountable official has issued certificates of compliance for the site plan and the subdivision infrastructure.

Source: Sections 13-1-903, 13-1-904, and 13-1-906; Ord. 990225-70; Ord. 031211-11.

The accountable official shall issue a certificate of compliance if the development has been completed in accordance with the released site plan, construction plans, and other ordinance requirements, as applicable, and for subdivision infrastructure:

(1)

in the extraterritorial jurisdiction, the accountable official has signed a final acceptance letter; or

(2)

in the zoning jurisdiction:

(a)

the accountable official has signed a final acceptance letter; or

(b)

the accountable official and the developer have executed a developer agreement.

Source: Section 13-1-903; Ord. 990225-70; Ord. 031211-11.

Except as provided in Section 25-1-364 (Temporary Certificate Of Occupancy) and Section 25-1-365 (Exemption From Compliance) of this article, the building official shall issue a certificate of occupancy if:

(1)

the development has passed required inspections;

(2)

the owner satisfies fiscal security requirements;

(3)

the development has been completed in accordance with the released site plan, construction plans, and other ordinance requirements, as applicable; and

(4)

the accountable official has signed a final acceptance letter for subdivision infrastructure or the accountable official and the developer have executed a developer agreement, if applicable.

Source: Section 13-1-904(a); Ord. 990225-70; Ord. 000309-39; Ord. 031211-11.

(A)

A person may file an application with the building official for:

(1)

a temporary certificate of occupancy before the building or structure is finished or

(2)

a temporary certificate of retail occupancy in connection with a temporary retail use permit approved under Section 25-2-921(F) (Temporary Uses Described).

(B)

The building official may issue a temporary certificate of occupancy if the building official determines that the proposed use or occupancy is not a hazard to life, health, or the public safety.

Source: Section 13-1-904(b); Ord. 990225-70; Ord. 031211-11; Ord. 20111110-075.

(A)

This section applies to an existing use or occupancy for which a certificate of occupancy was not issued if:

(1)

the structure in which the use or occupancy occurs existed before March 1, 1986;

(2)

the use or occupancy was established before March 1, 1986;

(3)

the use or occupancy was not subject to an enforcement action on January 1, 1988;

(4)

the use is a permitted use or is a nonconforming use; and

(5)

the use is not an adult-oriented business use.

(B)

The building official shall issue a certificate of occupancy for a use or occupancy described in Subsection (A) if the building official determines that continuing the existing use or occupancy is not a hazard to life, health, or the public safety.

(C)

The building official shall issue a certificate of occupancy under Subsection (B) notwithstanding the noncompliance of an existing use or occupancy or of a building in which the use or occupancy occurs with applicable technical code requirements or site development regulations.

Source: Section 13-1-732(f); Ord. 990225-70; Ord. 031211-11.

(A)

Subject to the requirements of Subsection (B) of this section, the director shall:

(1)

waive the fee for a variance application to the Board of Adjustment under Section 25-2-473 (Variance Requirements) or a special exception under 25-2-476 (Special Exceptions); and

(2)

refund permitting and inspection fees if:

(a)

the building official determines, based on a minimum life-safety inspection, that the structure does not pose a hazard to life, health, or public safety; and

(b)

the structure:

(i)

complies with current zoning regulations; or

(ii)

the structure receives a special exception or variance from the Board of Adjustment or certificate of occupancy or compliance from the building official under Section 25-1-365 (Exemption from Compliance).

(B)

A fee waiver or refund authorized under Subsection (A) of this section:

(1)

applies only to existing residential structures and does not cover permits for remodels, except to the extent required by the building official to address minimum life and safety requirements;

(2)

applies only if the residential use for which a special exception is sought is allowed in an SF-3 or more restrictive zoning district;

(3)

does not cover fees for re-inspections or for after-hours inspections; and

(4)

expires on June 6, 2017.

(C)

The director shall refund fees collected after June 6, 2011 if the requirements for waiver under this section are met.

Source: Ord. 20110526-098; Ord. 20110804-008; Ord. 20130822-126; Ord. No. 20160519-057, Pt. 1, 5-30-16.

(A)

Other than the city council, only the Planning Commission may initiate an amendment to the regulations in this title.

(B)

An amendment to the zoning map may be initiated in accordance with the procedures in Chapter 25-2 (Zoning).

Source: Sections 13-1-980 and 13-1-990; Ord. 990225-70; Ord. 031211-11.

(A)

This section prescribes the procedure for amending the regulations in this title. The procedure for amending the zoning map is prescribed by Chapter 25-2 (Zoning).

(B)

The council may amend this title after a public hearing. The council must receive a recommendation required by Subsection (C), (D), or (E) before opening a public hearing or acting on an amendment.

(C)

Except as provided in Subsection (D), Planning Commission review of a proposed amendment of this title is required. The Planning Commission must hold a public hearing on the proposed amendment before forwarding its recommendation to the council.

(D)

For a proposed amendment to or repeal of a technical code in Chapter 25-12 (Technical Codes), review by the appropriate technical board, if any, is required.

(E)

For a proposed amendment that only affects historic zoning, Historic Landmark Commission review is required. Historic Landmark Commission review must occur before the Planning Commission's review of the proposed amendment. The Historic Landmark Commission shall forward its recommendation to the Planning Commission and the council.

(F)

Notice of a public hearing required by this section shall be provided in accordance with Section 25-1-132(C) (Notice Of Public Hearing).

Source: Section 13-1-981; Ord. 990225-70; Ord. 031211-11.

(A)

The City of Austin has determined that recreational areas in the form of public parks are necessary for the well-being of residents. The City has further determined that the approval of new residential development is reasonably related to the need for additional parkland and park amenities to serve new development. This article establishes the method for determining the amount of parkland dedication to be required as a condition to the approval of new development.

(B)

Before receiving approval for a development application, an applicant shall provide for the parkland needs of the new residents.

(C)

Except as otherwise provided in this section, the parkland dedication requirements of this article apply to:

(1)

a subdivision that includes residential units or a hotel-motel use within the planning jurisdiction;

(2)

a site plan within the zoning jurisdiction that includes residential units or a hotel-motel use; and

(3)

a building permit for development that:

(a)

at the time of subdivision or site plan approval, was deemed exempt from parkland dedication based on the assumption that development within the subdivision would be limited to non-residential uses; or

(b)

is proposing additional residential units that exceed the number of units for which parkland dedication was previously provided for.

(D)

The following are exempt from the requirements of this article:

(1)

a subdivision or site plan for which parkland was previously dedicated or payment made under this title, except for the dwelling units that exceed the number for which dedication or payment was made;

(2)

development within the City's extraterritorial jurisdiction that is within Travis County and governed by Title 30 (Austin/Travis County Subdivision Regulations);

(3)

dwelling units that are certified under the S.M.A.R.T. Housing Policy approved by the city council; or

(4)

dwelling units that are income-restricted under a municipal, county, state, or federal program.

(E)

The following definitions apply throughout this article:

(1)

CONSUMER PRICE INDEX means the Consumer Price Index for all Urban Consumers (CPI-U), U.S. City Average, published by the Bureau of Labor Statistics of the United States Department of Labor or its successor in function.

(2)

DEFICIENT PARK AREA MAP means a map depicting areas that the director has determined lack sufficient parkland based on locational criteria established by the Parkland Dedication Operating Procedures and the parkland policies of the Imagine Austin Comprehensive Plan.

(3)

DIRECTOR means the director of the Parks and Recreation Department.

(4)

DISTRICT PARK means a park of 31 to 199 acres with a two-mile service area.

(5)

GEOGRAPHIC AREA means the City's designation of land within its municipal boundaries as a suburban area, urban area, or central business district area for determining the amount of multi-family parkland dedication fee required.

(6)

GOLF COURSE means a city-operated golf course open for public use including 9 or 18 holes.

(7)

GREENWAYS means a multi-functional linear park that:

(a)

links two or more separate parks;

(b)

serves as a wildlife corridor;

(c)

provides flood control; or

(d)

contains routes for non-motorized vehicles.

(8)

LAND VALUE means the market value of land per acre, not including an improvement to the land.

(9)

METRO PARK means a park of 200 or more acres that serves the entire city.

(10)

MEDIAN FAMILY INCOME means the United States Census Bureau's most recent American Community Survey five-year estimate of median family income for all families within the applicable municipality.

(11)

MULTI-FAMILY means a residential use other than a detached single-family or two-family dwelling. This use also includes hotel and motel rooms ordinarily used for sleeping.

(12)

NEIGHBORHOOD PARK means a park of two to thirty acres with a one-mile service area.

(13)

PARKLAND DEDICATION URBAN CORE means an area bound by Highway 71/Ben White Boulevard to the south; Highway 183 to the east and north; Loop 1 (MOPAC) on the west to FM 2222; FM 2222 on the north to Loop 360; Loop 360 on the west to Lake Austin; Lake Austin on the west to Loop 1 (MOPAC); and Loop 1 (MOPAC) on the west to Highway 71 (Ben White).

(14)

POCKET PARK means a park of no more than two acres with a one- quarter mile service area.

(15)

SINGLE-FAMILY means a residential use consisting of detached single-family or two units.

(F)

Development within a Planned Unit Development (PUD) zoning district may, if required by the ordinance adopting the PUD, be subject to additional parkland requirements and may be entitled to count dedicated parkland towards meeting open space requirements under Chapter 25-2, Article 2, Subchapter B, Division 5 (Planned Unit Developments).

Source: Ord. No. 20231130-087, Pt. 2, 1-1-24.

(A)

For a development proposing single-family uses, parkland dedication will be satisfied by the dedication of suitable land for park and recreational purposes in accordance with this section or by payment of a fee in-lieu of dedication under Section 25-1-606 (Single-Family Fee In Lieu of Parkland Dedication).

(B)

The following formula will apply to determine the amount of parkland dedication required:

(C)

In calculating the amount of parkland to be dedicated, the number of residents per unit is based on density as follows:

(D)

If the density of a single-family development is not known:

(1)

the density is assumed to be the highest permitted in the zoning district, or if the property is not zoned, 24 dwelling units per acre; or

(2)

for a residential subdivision within the extraterritorial jurisdiction, the applicant may reduce the assumed density by agreeing, in a manner that is enforceable by the City and approved by the city attorney, that any subsequent increases in density may require additional dedication of parkland under this section or payment of a fee in lieu of dedication under Section 25-1-606 (Single-Family Fee In Lieu of Parkland Dedication).

(E)

The amount of parkland required to be dedicated within the Parkland Dedication Urban Core may not exceed 15% of gross site area for the development required to provide the dedication except upon consent of the applicant or as authorized under this subsection.

(1)

The director may request that the Land Use Commission approve dedication greater than 15% off the gross site area, up to the amount required under Subsection (B) of this section, if doing so is necessary to:

(a)

address a critical shortage of parkland for an area identified in the Deficient Parkland Area Map; or

(b)

provide connectivity with existing or planned parks or recreational amenities.

(2)

Before the Land Use Commission considers a request under this subsection for approval, the director shall present the request to the Parks Board for a recommendation.

(3)

In considering a request from the director under this subsection, the Land Use Commission may:

(a)

deny the director's request and limit the required dedication to no more than 15% of gross site area; or

(b)

require additional parkland dedication greater than the 15% if gross site area, up to the lesser of:

(i)

the amount required under Subsection (B) of this section; or

(ii)

the minimum amount the Land Use Commission finds to be necessary based on the criteria in Paragraph (l)(a)-(b) of this subsection and the Parkland Dedication Operating Procedures.

(4)

If an applicant dedicates less than the amount of land required for dedication under Subsection (B) due to the cap imposed by this subsection, the director shall require payment of a fee in-lieu of dedication under Section 25-1-606 (Single-Family Fee in Lieu of Parkland Dedication) for the remaining undedicated land.

Source: Ord. No. 20231130-087, Pt. 2, 1-1-24.

(A)

For a development application proposing multi-family uses, the director shall determine how the applicant will satisfy applicable parkland dedication requirements. The director may require the applicant to:

(1)

dedicate land that meets the criteria in Section 25-1-604 (Standards for Dedicated Parkland) as parkland;

(2)

pay a parkland dedication fee under Section 25-1-608 (Multi-Family Parkland Dedication Fee); or

(3)

dedicate land that meets the criteria in Section 25-1-604 (Standards for Dedicated Parkland) as parkland and pay a reduced parkland dedication fee calculated under Section 25-1-608 (Multi-Family Parkland Dedication Fee).

(B)

In determining how an applicant will satisfy their parkland dedication requirements under this article, the director shall consider whether the development:

(1)

is located within the Deficient Park Area Map;

(2)

is adjacent to existing parkland;

(3)

has sufficient acreage to meet the standards for dedicated parkland under the Parkland Dedication Operating Procedures;

(4)

is needed to address a critical need for parkland or to remedy a deficiency identified by the Deficient Park Area Map; or

(5)

would provide increased connectivity with existing or planned parks or recreational amenities.

(C)

Subject to Subsection (D), if the director is requiring an applicant to satisfy their parkland dedication requirements entirely through land dedication, the following formula will apply to determine the amount of land required:

[# of multifamily units × .005] + [# of hotel/motel rooms × .004] = Acres of parkland

(D)

The amount of land required to be dedicated may not exceed 10% of gross site area of the development.

(E)

If a development application proposes both multi-family and commercial uses, the amount of land dedication required is based on a prorated portion of the land proposed for the multi-family use.

Source: Ord. No. 20231130-087, Pt. 2, 1-1-24.

(A)

In addition to the requirements of this article, land to be dedicated as parkland must meet the requirements of this subsection.

(1)

Parkland must be easily accessible to the public and open to public view so as to benefit area residents, enhance the visual character of the City, protect public safety, and minimize conflicts with adjacent land uses.

(2)

On-street and off-street connections between residential neighborhoods shall be provided, wherever possible, to provide reasonable access to parks and open space areas.

(3)

In addition to the requirements of this subsection, parkland must comply with the standards in the Comprehensive Plan, the Parks and Recreation Long-Range Plan, the Environmental Criteria Manual, and the Parkland Dedication Operating Procedures.

(4)

If an applicant is proposing multifamily uses, the parkland shall not be encumbered with restrictions that will negatively impact the parkland's ability to be used for recreational purposes with park amenities unless:

(a)

there is no feasible and prudent alternative land available for parkland dedication as determined by the director; and

(b)

the land will provide a critical greenbelt or trail connection with sufficient recreational opportunities.

(B)

The director shall determine whether land offered for dedication complies with the standards for dedication under Subsection (A) and may require a subdivision or site plan applicant to provide information deemed necessary to determine compliance.

(C)

If an applicant is proposing single-family uses, then the director may allow land that does not otherwise meet the standards under Subsection (A) to be dedicated as parkland if the land meets the requirements of this subsection.

(1)

50 percent of acreage in the 100-year floodplain that is dedicated as parkland may be credited toward fulfilling the requirements of this article if any adjoining land within the 25-year floodplain is also dedicated as parkland. The land within the 25-year floodplain may not be credited toward fulfilling the requirements of this article, unless it complies with Subdivision 25-l-604(C)(2).

(2)

Land identified on the Deficient Parkland Area Map may be accepted if the director determines that the land will provide recreational or educational opportunities for the surrounding community. If the director determines the land has recreational or educational opportunities, 50 percent of the acreage may be credited toward fulfilling the requirements of this article.

(D)

If land dedication is required for subdivision approval, the area to be dedicated must be shown on the preliminary plan and final plat as "Parkland Dedicated to the City of Austin." The subdivider shall dedicate to the City all parkland required by this article when a plat is approved, except that the director may defer dedication of parkland to site plan approval if development within the subdivision will require a site plan under Chapter 25-5 (Site Plan).

(E)

If land dedication is required for site plan approval, the area to be dedicated must be shown on the site plan as "Parkland Dedicated to the City of Austin". Unless the director has deferred the land dedication until the time of issuance of a certificate of occupancy under Subsection (F), the applicant shall dedicate the parkland required by this article to the City by deed or easement before the site plan is released.

(F)

The director may defer the land dedication until the time of issuance of a certificate of occupancy if the land proposed to be dedicated is necessary for the construction of the proposed development and the applicant will restore the parkland. If the director authorizes the deferral of land dedication until this subsection, the development shall not receive any type of certificate of occupancy, temporary or permanent, until the land has been dedicated.

(G)

For a building permit that is required to dedicate parkland the area must be dedicated in a deed or easement to the City. The applicant shall dedicate to the City all parkland required by this article before a building permit is issued.

(H)

The applicant shall pay all costs of transferring the parkland to the City, including the costs of:

(1)

an environmental site assessment without any further recommendations for clean-up, certified to the City not earlier than the 120th day before the closing date;

(2)

a Category 1(a) land title survey, certified to the City and the title company not earlier than the 120th day before the closing date;

(3)

a title commitment with copies of all Schedule B and C documents, and an owner's title policy;

(4)

a fee simple deed;

(5)

taxes prorated to the closing date;

(6)

recording fees; and

(7)

charges or fees collected by the title company.

Source: Ord. No. 20231130-087, Pt. 2, 1-1-24.

(A)

The director may allow up to a 100 percent credit toward fulfilling the requirements of:

(1)

Section 25-1-602 (Single-Family Dedication of Parkland) or Section 25-1-603 (Multi-Family Dedication of Parkland) for privately owned and maintained parkland that is available for use by the public and meets the standards of the Parkland Dedication Operating Procedures; and

(2)

Section 25-1-607 (Single-Family Parkland Development Fee) for recreational facilities that are located on privately owned and maintained parkland and available for use by the public if the development is proposing single-family development.

(B)

The director may allow up to a 100 percent credit toward fulfilling the requirements of this article for private parkland in a subdivision or site plan located outside the city limits if the director determines that the private parkland meets City parkland standards.

(C)

For an application proposing single-family development, if private parkland will include construction of recreational amenities, the applicant must post fiscal surety in an amount equal to the fee in-lieu provided for under Section 25-1-606 (Single-Family Fee In Lieu of Parkland Dedication) and the development fee required under Section 25-1-607 (Single-Family Parkland Development Fee). The fiscal surety must be posted:

(1)

before final plat approval; or

(2)

before site plan release, for any portion of the subdivision that will require a site plan.

(D)

Yards, setback areas, and private personal open spaces required by this title may not be counted as private parkland under this section, except for a required setback or yard that includes a public trail.

(E)

If private parkland is allowed, an access easement to the parkland must be recorded prior to site plan or subdivision approval.

Source: Ord. No. 20231130-087, Pt. 2, 1-1-24.

(A)

For single-family development, the director may require or allow an applicant to deposit with the City a fee in lieu of parkland dedication under Section 25-1-602 (Single-Family Dedication of Parkland) if:

(1)

the director determines that payment of a fee in lieu of dedication is justified under the criteria in Subsection (B) of this section; and

(2)

the following additional requirements are met:

(a)

less than six acres is required to be dedicated under Section 25-1-602 (Single-Family Dedication of Parkland); or

(b)

the land available for dedication does not comply with the standards for dedication under Section 25-1-604 (Standards for Dedicated Parkland).

(B)

In determining whether to require dedication of land under Section 25-1-602 (Single-Family Dedication of Parkland) or allow payment of a fee in lieu of dedication under this section, the director shall consider whether the subdivision or site plan:

(1)

is located within the Deficient Park Area Map;

(2)

is adjacent to existing parkland;

(3)

has sufficient acreage to meet the standards for dedicated parkland under the Parkland Dedication Operating Procedures;

(4)

is needed to address a critical need for parkland or to remedy a deficiency identified by the Deficient Park Area Map; or

(5)

would provide increased connectivity with existing or planned parks or recreational amenities.

(C)

The amount of the fee in lieu of parkland is established in the annual fee schedule based on a recommendation by the director in accordance with this subsection.

(1)

Single-Family Fee In Lieu of Dedication:

(2)

For purposes of determining the amount of single-family fee in lieu under Subdivision (D)(1):

Land Cost Per Person =

Parkland Cost Factor
Parkland Level-of-Service

where:

(a)

"Parkland Cost Factor" is determined by the director based on the average purchase price to the City for acquiring an acre of parkland, excluding a metro or district park or golf course; and

(b)

"Parkland Level-of-Service" is:

City Population
Net Park Acreage

where "City Population" is determined by the city demographer and "Net Park Acreage" is the total citywide acreage of neighborhood parks, pocket parks, and greenways, as determined by the director prior to adoption of the annual fee ordinance by the city council.

(D)

If the director determines that payment of a fee in lieu of parkland dedication is authorized under this section for only a portion of the land required to be dedicated under Section 25-1-602 (Single-Family Dedication of Parkland), the director may allow an applicant to pay a fee in lieu for that portion and require that the remaining land be dedicated. If an applicant dedicates parkland under Section 25-1-602 (Single-Family Dedication of Parkland), the director may not include that acreage in calculating the fee in lieu required by this section for any remaining land not included in the dedication.

Source: Ord. No. 20231130-087, Pt. 2, 1-1-24.

(A)

Except as provided in Subsection (C), an applicant proposing single-family development must pay a parkland development fee as a condition to subdivision or site plan approval to ensure that land is developed with recreational amenities sufficient for park use.

(B)

The amount of the development fee is established in the annual fee schedule based on a recommendation by the director in accordance with this subsection.

(1)

Parkland Development Fee:

(2)

For purposes of determining the parkland development fee under Subdivision (B)(1):

Park Development Cost =

Park Development Cost Factor
Park Facilities Level-of-Service

where:

(a)

"Park Development Cost Factor" is determined by the director based on the average cost of developing an acre of parkland up to the standards of a neighborhood park; and

(b)

"Park Facilities Level-of-Service" is:

City Population
Number of Developed Parks

where "City Population" is determined by the city demographer and "Number of Developed Parks" is the total number of parks developed with a recreational amenity or trail, as determined by the director prior to adoption of the annual fee ordinance by the city council.

(C)

The director may allow an applicant to construct recreational amenities on public parkland or private parkland, if applicable, in lieu of paying the development fee required by this section. In order to utilize this option, the applicant must:

(1)

post fiscal surety in an amount equal to the development fee;

(2)

if a dedication of land is required, construct recreational amenities prior to the dedication in a manner consistent with the Parkland Dedication Operating Procedures; and

(3)

document the required amenities concurrent with subdivision or site plan approval, in a manner consistent with the Parkland Dedication Operating Procedures.

Source: Ord. No. 20231130-087, Pt. 2, 1-1-24.

(A)

For purposes of determining the amount of a parkland dedication fee required for approval of a development permit proposing multi-family development, City Council has designated all the land within its municipal boundaries into geographic areas via separate ordinance. These designations may be modified as set out under state law.

(B)

The dwelling unit factor shall be:

(1)

.005 for multi-family units; and

(2)

.004 for rooms in a hotel or motel ordinarily used for sleeping.

(C)

The density factor shall be:

(1)

one for the suburban area;

(2)

four for the urban area; and

(3)

forty for the central business district area.

(D)

Every 10 years, the City will use the average land value for each geographic area calculated by the applicable appraisal district. For the years in which the applicable appraisal district does not calculate the average land value, the City shall calculate the average land value for each geographic area by multiplying the previous year's average land value for each geographic area by one plus the average CPI for each month of the previous year.

(E)

If the director has determined that an applicant will satisfy their parkland dedication requirements entirely by paying a parkland dedication fee, the dollar amount required is calculated using the following formula:

{[(# of multifamily units) × .005] + [(# of hotel/motel rooms) × .004]} × (Avg Land Value of Geographic Area)/Density Factor

(1)

First, add the product of the number of multifamily units proposed to be developed by .005 and the product of the number of hotel and motel rooms ordinarily used for sleeping proposed to be developed by .004.

(2)

Then, multiply the sum calculated under Subdivision (E)(1) by the average land value for the geographic area where the development is located.

(3)

Finally, divide the number calculated under Subdivision (E)(2) by the applicable density factor.

(F)

If the director has determined that an applicant is satisfying their parkland dedication requirements through dedicating land and paying a parkland dedication fee, the dollar amount of parkland dedication fee owed is calculated using the following formula:

[Parkland dedication fee per Subsection (E)] - [(Applicable land value) × (# of acres)]

(1)

First, calculate the amount of fee using the formula described in Subsection (E).

(2)

Then, subtract the product of the land value applicable to the land and the number of acres dedicated from the total amount of the parkland dedication fee.

(G)

If the applicant is dedicating land and paying a reduced fee, the applicant will only be required to dedicate for development approval an acreage amount that has a land value that does not exceed the amount of parkland dedication fee calculated under this section. Additionally, the acreage amount shall not exceed 10% of gross site area of the development.

(H)

If there is a remaining amount of parkland dedication fee after subtracting the land value of the acreage required to be dedicated as parkland, the applicant may choose to construct recreational facilities on the future parkland in lieu of paying the remaining parkland dedication fee amount. The recreational facilities must be shown on the subdivision or site plan application and constructed before the land is dedicated.

Source: Ord. No. 20231130-087, Pt. 2, 1-1-24.

(A)

Payment of a fee required under Section 25-1-606 (Single-Family Fee In Lieu of Parkland Dedication) or Section 25-1-607 (Single-Family Parkland Development Fee) must be paid as required by this subsection.

(1)

If a fee in lieu of dedication or a parkland development fee is required as a condition to subdivision approval, the applicant must deposit the fee with the City before final plat approval. The applicant may defer payment of a fee until site plan approval unless development proposed within the subdivision is exempt from the requirement to submit a site plan under Section 25-5-2 (Site Plan Exemptions).

(2)

If a fee in lieu of dedication or a parkland development fee is required as a condition to site plan approval, the applicant must deposit the fee with the City before the site plan may be approved.

(B)

Payment of a parkland dedication fee required under Section 25-1-608 (Multi-Family Parkland Dedication Fee) shall be paid prior to issuance of a certificate of occupancy.

(C)

The director shall place fees paid under Section 25-1-607 (Single-Family Parkland Development Fee) into a separate fund than fees paid under Section 25-1-606 (Single-Family Fee In Lieu of Parkland Dedication) and Section 25-1-608 (Multi-Family Parkland Dedication Fee). All fees collected shall be spent consistent with the requirements of this subsection.

(1)

Except as provided in Subsection (C)(2), the director shall use fees paid under Section 25-1-606 (Single-Family Fee In Lieu of Parkland Dedication) and Section 25-1-608 (Multi-Family Parkland Dedication Fee) solely to acquire land or easements for park purposes that will benefit residents of the development for which the fees are assessed and are located within a service area designated by the director under the Parkland Dedication Operating Procedures.

(2)

The director may use fees paid under Section 25-1-606 (Single-Family Fee In Lieu of Parkland Dedication) and Section 25-1-608 (Multi-Family Parkland Dedication Fee) and consistent with the purposes described in Subsection (C)(3) if, after one year from the date the fees are collected for expenditure, the director determines that land which meets the requirements of Section 25-1-604 (Standards for Dedicated Parkland) is unavailable for purchase within the service area for which the fees were assessed.

(3)

The director shall use fees paid under Section 25-1-606 (Single-Family Fee In Lieu of Parkland Dedication) to acquire and develop recreational amenities that will benefit residents of the development for which the fees are assessed and are located within a service area designated by the director under the Parkland Dedication Operating Procedures. If, after one year from the date the single-family parkland development fees are collected for expenditure, the director determines there are no longer any parks within the service area for which fees were assessed that need new recreational facilities, then the parkland development fees can be used to acquire land or easements for park purposes that will benefit residents of the development for which the fees are assessed and are located within a service area designated by the director under the Parkland Dedication Operating Procedures.

(D)

The City shall expend a fee collected under this article within five years from the date the fees are appropriated for expenditure by the director. This period is extended by five years if, at the end of the initial five-year period, less than 50 percent of the residential units within a subdivision or site plan have been constructed.

(E)

If the City does not expend a fee payment by the deadline required in Subsection (D), the subdivision or site plan applicant who paid the fee may request a refund under the requirements of this subsection.

(1)

A refund may only be requested for unbuilt units for which a fee in lieu of dedication or parkland dedication fee was paid. The refund request must be made in writing and filed with the Parks and Recreation Department not later than 180 days after the expiration of the deadline under Subsection (D).

(2)

If the refund request is timely filed, the director shall:

(a)

refund the amount of unspent fees that were collected under this article in connection with approval of a subdivision or site plan; and

(b)

if a site plan for which fees were assessed was subsequently revised to reduce the number of units, recalculate the amount due based on the reduced number of units and refund any fees paid in excess of that amount.

Source: Ord. No. 20231130-087, Pt. 2, 1-1-24.

(A)

An applicant may make a written request to the director asking for a formal determination of the amount of parkland dedication that will be required to obtain approval for a proposed development on their property.

(B)

After receiving a written request for a parkland dedication determination, the director may request additional information from the requestor. Any additional information requested shall be:

(1)

public and readily available; and

(2)

necessary for the director to provide a parkland determination.

(C)

The director shall respond in writing to a request for a parkland dedication determination within 30 days after receiving a complete application.

(D)

Except as provided in Subsection (E), a parkland dedication determination issued under this section is valid for the property that is the subject of the determination for a period that is the lesser of:

(1)

the time between the date of the determination is issued and the date a development application is filed that uses or relies on the determination; or

(2)

two years.

(E)

A requestor can void the applicability of a parkland dedication determination to their property by providing written notice to the director.

Source: Ord. No. 20231130-087, Pt. 2, 1-1-24.

(A)

A landowner or an applicant authorized by the landowner may appeal the director's decision on any element of the parkland dedication ordinance, including amount, orientation, or suitability, as that element applies to the landowner's property to the Planning Commission consistent with the procedures in Article 7, Division I (Appeals).

(B)

An applicant may appeal the Planning Commission's determination to council.

(C)

The Planning Commission or council shall uphold, reverse, or modify an appeal not later than the 60 ^th date after the appeal is filed with the commission or council.

Source: Ord. No. 20231130-087, Pt. 2, 1-1-24.

(A)

The director is authorized to adopt administrative rules and take other actions that are necessary to implement this article.

(B)

The director shall, at a minimum, adopt the following by administrative rule under Chapter 1-2 (Adoption of Rules).

(1)

a Deficient Park Area Map illustrating shortages in parkland; and

(2)

Parkland Dedication Operating Procedures establishing:

(a)

boundaries for service areas required by Section 25-1-609 (Fee Payment and Expenditure) for use of a fee in lieu of parkland dedication, parkland development fee, and parkland dedication fees;

(b)

general standards for dedicated parkland under Section 25-1-604 (Standards for Dedicated Parkland);

(c)

methodology for determining:

(i)

parkland cost factor and park level-of-service under Section 25-1-606 (Single-Family Fee In Lieu of Parkland Dedication); and

(ii)

park development cost factor and facilities level-of-service under Section 25-1-606 (Single-Family Fee In Lieu of Parkland Dedication); and

(d)

other provisions deemed necessary for implementing this article.

(C)

Before initiating the administrative rules process, as required by Subsection (B) of this section, the director shall present a proposed Deficient Park Area Map and Parkland Dedication Operating Procedures to the Parks Board for a recommendation.

Source: Ord. No. 20231130-087, Pt. 2, 1-1-24.

In this article:

(1)

DIRECTOR means the director of the Planning and Development Review Department.

(2)

NEIGHBORHOOD PLAN CONTACT TEAM means the individuals designated to implement an adopted neighborhood plan. The neighborhood plan contact team is a neighborhood organization that qualifies as an interested party for purposes of notice, appeal, and other processes if all other qualifications for interested party status are satisfied. The neighborhood plan contact team is a separate body apart from any other existing or future neighborhood organization.

Source: Ord. 20080306-073; Ord. 20091105-069; 20091217-053.

The director shall conduct a general review of a neighborhood plan not earlier than five years after the adoption of the plan and may recommend amendments of a plan to the Planning Commission and council. The director shall include neighborhood stakeholder input in the review process.

Source: Ord. 20080306-073.

A neighborhood plan amendment may be initiated by:

(1)

for an amendment regarding an individual property:

(a)

the owner of the subject property;

(b)

the council;

(c)

the Planning Commission;

(d)

the director;

(e)

the neighborhood plan contact team for the planning area in which the property is located; or

(2)

for an amendment regarding an area-wide or subdistrict-wide recommendation:

(a)

the council;

(b)

the Planning Commission;

(c)

the director; or

(d)

the neighborhood plan contact team for the affected neighborhood plan area.

Source: Ord. 20080306-073; 20091217-053.

(A)

Pre-Application Meeting. The applicant and the director's staff must meet before an applicant can submit an application to amend a neighborhood plan. At the meeting:

(1)

the staff shall describe the application process to the applicant;

(2)

the applicant shall describe the proposed neighborhood plan amendment to the staff;

(3)

if the applicant is proposing a change to the future land use map, the applicant shall provide the staff with information regarding the proposed change, including the address, boundaries, acreage, current and proposed future land use map categories, and current and proposed uses; and

(4)

if the applicant is proposing a text change, the applicant shall provide the proposed language and an explanation of the change.

(B)

Applications for an Individual Property.

(1)

The director may accept an application to amend a neighborhood plan not earlier than one year after the adoption of the plan.

(2)

An applicant may not file an application for an amendment that is substantially the same as an application denied by council until one year after the council action denying the prior application.

(C)

Applications for Area-wide or Subdistrict-wide Amendments.

(1)

The director may accept an application to amend a neighborhood plan two or more years after council adopted the plan.

(2)

The director may accept an application to amend a neighborhood plan two or more years after the most recent council action on the plan occurred.

(3)

An application initiated by council may be filed at any time.

(D)

The director may waive all or a portion of the fees, as set by the City's annual fee ordinance, for an amendment application initiated by a neighborhood plan contact team.

Source: Ord. 20080306-073; 20091217-053; Ord. No. 20170608-057, Pt. 1, 6-8-17; Ord. No. 20200220-056, Pt. 2, 3-2-20; Ord. No. 20230831-104, Pt. 1, 9-11-23.

(A)

The director shall initiate the formation of a neighborhood plan contact team.

(B)

The neighborhood plan contact team shall to the greatest extent practicable include at least one representative from each of the following groups within a neighborhood plan area:

(1)

property owners;

(2)

residential renters;

(3)

business owners; and

(4)

neighborhood organization members owning or renting property within the neighborhood plan area.

(C)

Representatives shall to the greatest extent possible be drawn from the group of persons involved in the development of the neighborhood plan.

(D)

The neighborhood plan contact team shall annually submit a list of its officers and members, including individual contact information and applicable membership category under Subsection (B), to the director.

(E)

The neighborhood plan contact team shall submit new bylaws or changes in existing bylaws to the director. The bylaws shall address roles and responsibilities, boundaries, membership, decision-making, meetings and meeting notification, officers and duties, amendments to the bylaws, finances, and conflicts of interest. The bylaws shall be consistent with the standardized bylaws template and instructions provided by the director.

(F)

Before the date on which the Planning Commission is scheduled to consider a proposed neighborhood plan amendment, the neighborhood plan contact team may submit a letter to the director stating its recommendation on the proposed amendment. The neighborhood plan contact team shall also identify any conflict of interest as defined in the bylaws of the neighborhood plan contact team.

(G)

Neighborhood plan contact teams shall have dispute resolution as follows:

(1)

Filing complaints. A person who meets the membership requirements described under Subsection (B) and believes that the neighborhood plan contact team has violated the provisions of this section may file with the director a request to have the director investigate and mediate the complaint. Such complaints shall be in writing and shall identify the neighborhood plan contact team alleged to be violating the provisions of this section. All complaints must be filed within 45 days following the occurrence of an alleged violation.

(2)

Investigation. The director shall review with the charging party the allegations contained within the complaint and, if warranted based on the requirements of this chapter, shall conduct a prompt and full investigation of the matter stated in the complaint through interviews with the charging party, contact team officers, and through review of all available documentation. The director shall determine in writing whether dispute resolution is warranted within 14 days of receiving a complaint and shall render a written report identifying issues to be addressed through dispute resolution within 28 days of receiving the complaint.

(3)

Informal Dispute Resolution. If after investigation it is determined that there is reasonable cause to believe that dispute resolution is warranted, the director shall endeavor to eliminate any such alleged violations by informal methods of conference, conciliation, and persuasion. All informal dispute resolution and determinations of the director must be completed within 30 days after the director provides the written report.

(4)

Formal Dispute Resolution. If, after determining that there is reasonable cause to believe that dispute resolution is warranted, and the director is unable to secure from the respondent an acceptable conciliation agreement, the director shall present a report to the Planning Commission within 30 days of completing the informal dispute resolution. If after review of the report the Planning Commission agrees with the report of the director, the Planning Commission may recommend a more formal mediation or dispute resolution process. The Planning Commission shall set a deadline for the completion of formal mediation based on the complexity and circumstances of a specific case and shall identify a neutral third party to conduct the dispute resolution process.

(5)

Remedy.

(a)

In cases where the informal and formal dispute resolution processes initiated by the City are unable to secure from the respondent an acceptable conciliation agreement, the Planning Commission may recommend that the director and the City discontinue recognition of the neighborhood plan contact team under the provisions of this chapter until a conciliation agreement acceptable to the Planning Commission is reached.

(b)

In the event the City discontinues recognition of a neighborhood plan contact team, special designation of the organization as a neighborhood plan contact team will be removed from the City of Austin Community Registry, the neighborhood plan contact team will no longer be granted the authority to initiate Neighborhood Plan amendments, and the neighborhood plan contact team will no longer have access to any special resources or authority through the City based on its status as a neighborhood plan contact team.

(c)

If recognition of a neighborhood plan contact team is discontinued for more than six months, the director may take action to initiate a new neighborhood plan contact team for the planning area under the provisions of City Code Section 25-1-805(A)—(C). In the event that the director takes action to initiate a new neighborhood plan contact team, the initial officers of the new neighborhood plan contact team may not have served as officers of the previous neighborhood plan contact team at the time when recognition was discontinued.

(6)

Appeal. Charging parties and respondents may appeal the determination of the director and of the Planning Commission under this subsection to the City Council. Actions that are appealable include the director's determination that dispute resolution is warranted; findings/determinations that come out of the informal dispute resolution process; and discontinuation of recognition of a neighborhood plan contact team.

Source: Ord. 20080306-073; 20091217-053; Ord. No. 20160128-084, Pts. 1, 2, 2-8-16.

(A)

The director shall give notice of the filing of an application for a proposed neighborhood plan amendment under Section 25-1-133 (Notice of Applications and Administrative Decisions).

(B)

The director shall conduct a community meeting on a proposed neighborhood plan amendment prior to the date on which the Planning Commission is scheduled to consider the amendment. The director shall give notice of the meeting under Section 25-1-132(A) (Notice of Public Hearing).

(C)

The Planning Commission and the council shall each hold a public hearing on a proposed neighborhood plan amendment.

(D)

This subsection prescribes notice for a public hearing on a proposed neighborhood plan amendment regarding an individual property.

(1)

For a hearing before the Planning Commission, the director shall give notice under Section 25-1-132(A) (Notice of Public Hearing).

(2)

For a hearing before council, the director shall give notice under Section 25-1-132(B)(2) (Notice of Public Hearing).

(3)

The applicant is responsible for the cost of notice, unless the applicant is a neighborhood plan contact team. In that event, the City is responsible for the cost of notice.

(E)

This subsection prescribes notice for a public hearing on a proposed neighborhood plan amendment regarding an area-wide or subdistrict-wide recommendation.

(1)

The director shall give notice of a public hearing before the Planning Commission or council to:

(a)

each notice owner of property located within the proposed amendment boundaries;

(b)

each City of Austin utility account address within the proposed amendment boundaries; and

(c)

each neighborhood plan contact team and registered neighborhood organization within the proposed amendment boundaries and within 500 feet of the proposed amendment boundaries.

(2)

The City is responsible for the cost of notice.

Source: Ord. 20080306-073; 20091217-053.

(A)

A neighborhood plan amendment application expires if the director does not schedule the application for a public hearing:

(1)

by the Planning Commission before the 181st day after the date of filing; or

(2)

by the Planning Commission or council before the 181st day after the date on which the Planning Commission or council grants an indefinite postponement of a scheduled public hearing.

(B)

Except as provided in Subsection (D), a neighborhood plan amendment application expires if the council does not adopt an ordinance before the 361st day after council closes the public hearing on the application.

(C)

Except as provided in Subsection (D), a neighborhood plan amendment application initially submitted before the effective date of this section expires 180 days after the effective date of this section.

(D)

An applicant may file one request with the director and one request with council to extend an application that will expire under Subsection (B) or Subsection (C). The request must be in writing, be filed before the application expires, state good cause for the extension, and be for not more than 180 days.

Source: 20091217-053.

(A)

The Land Use Commission shall hold a public hearing on a neighborhood plan amendment application not later than the 90th day after the date the application is filed.

(B)

The Land Use Commission shall make a recommendation to the council on a neighborhood plan amendment application not later than the 14th day after the Land Use Commission closes the public hearing on the application.

(C)

If the Land Use Commission does not adopt a recommendation on an application, the Director shall forward the application to council without a Land Use Commission recommendation.

(D)

If the Land Use Commission does not hold a public hearing in accordance with Subsection (A), the applicant may file a written request for a hearing as prescribed in Section 25-2-282(E).

(E)

The Director shall report the Land Use Commission's recommendation on each neighborhood plan amendment application to the council.

Source: 20091217-053.

(A)

The council shall hold a public hearing on a neighborhood plan amendment application not later than the 40th day after the date of the Land Use Commission recommendation.

(B)

Section 25-2-283(C) shall apply to requests for postponement of the public hearing on a neighborhood plan amendment application.

Source: 20091217-053.

(A)

The director may not recommend approval of a neighborhood plan amendment unless the requirements of Subsections (B) and (C) are satisfied.

(B)

The applicant must demonstrate that:

(1)

the proposed amendment is appropriate because of a mapping or textual error or omission made when the original plan was adopted or during subsequent amendments;

(2)

the denial of the proposed amendment would jeopardize public health, safety, or welfare;

(3)

the proposed amendment is appropriate:

(a)

because of a material change in circumstances since the adoption of the plan; and

(b)

denial would result in a hardship to the applicant;

(4)

the proposed project:

(a)

provides environmental protection that is superior to the protection that would otherwise be achieved under existing zoning and development regulations; or

(b)

promotes the recruitment or retention of an employment center with 100 or more employees;

(5)

the proposed amendment is consistent with the goals and objectives of the neighborhood plan; or

(6)

the proposed amendment promotes additional S.M.A.R.T. Housing opportunities.

(C)

The applicant must demonstrate that:

(1)

the proposed amendment complies with applicable regulations and standards established by Title 25 (Land Development), the objectives of Chapter 25-2 (Zoning), and the purposes of the zoning district proposed for the subject property; and

(2)

the proposed amendment is consistent with sound planning principles.

Source: Ord. 20080306-073; 20091217-053.

Editor's note— Ord. No. 20230831-104, Pt. 2, effective September 11, 2023, repealed § 25-1-811, which pertained to map; filing dates and derived from Ord. No. 20080306-073; Ord. No. 20091217-053.

In this article:

(1)

DIRECTOR means the Director of the Planning and Development Review Department.

(2)

INTERLOCAL DEVELOPMENT AGREEMENT means an agreement between the City and any governmental entity, municipal corporation or political subdivision that establishes or modifies regulations for the use, development, or construction of property containing one or more existing or proposed structures. The term includes new agreements and amendments to existing agreements, but does not include agreements or amendments related to roads or road facilities or the provision of utility services.

Source: Ord. 20091105-068.

(A)

Prior to council consideration of a proposed interlocal agreement, the director shall schedule a public hearing before the Land Use Commission.

(B)

The director shall give notice of a public hearing required under Subsection (A) consistent with the following requirements:

(1)

If a proposed interlocal development agreement establishes or modifies use, development, or construction regulations applicable to a particular site or structure, the director shall mail notice not later than the 11th day before the date of the hearing as provided under Subsection 25-1-904(A) (Notice Requirements for Proposed Interlocal Development Agreements).

(2)

If a proposed interlocal development agreement establishes or modifies general use, development, or construction regulations contained in a master plan or agreement applicable to a governmental entity, municipal corporation, or political subdivision, rather than regulations applicable to a particular site or structure, the director shall provide notice as required under Subsection 25-1-132(C) (Notice of Public Hearing).

(C)

The Land Use Commission shall make a recommendation to the council on a proposed interlocal development agreement not later than the 14th day after the public hearing on the proposed agreement is closed.

(D)

The Land Use Commission may recommend that the council:

(1)

approve the interlocal development agreement as proposed;

(2)

approve a more restrictive interlocal development agreement; or

(3)

reject the proposed interlocal development agreement.

Source: Ord. 20091105-068.

(A)

The council shall hold a public hearing on a proposed interlocal development agreement not later than the 40th day after the date of the Land Use Commission recommendation.

(B)

The director shall give notice of a public hearing required under Subsection (A) consistent with the following requirements:

(1)

If a proposed interlocal development agreement establishes or modifies use, development, or construction regulations applicable to a particular site or structure, the director shall provide notice by:

(a)

publishing notice not later than the 16th day before the date of the public hearing as provided under Subsection 25-1-132(B)(1) (Notice of Public Hearing); and

(b)

mailing notice not later than the 16th day before the date of the hearing as provided under Subsection 25-1-904(A) (Notice Requirements for Proposed Interlocal Development Agreements).

(2)

If a proposed interlocal development agreement establishes or modifies general use, construction, or development regulations contained in a master plan or agreement applicable to a governmental entity, municipal corporation, or political subdivision, rather than a particular site or structure, the director shall provide notice as required under Subsection 25-1-132(C) (Notice of Public Hearing).

(C)

After a public hearing on a proposed interlocal development agreement, the council may authorize the city manager to:

(1)

execute the agreement as proposed;

(2)

execute a modified agreement, which may include different use, development, or construction regulations or other conditions not contained in the proposed agreement;

(3)

negotiate a new agreement, which shall be subject to review by the Land Use Commission under Section 25-1-903 (Review and Recommendation of the Land Use Commission); or

(4)

reject the proposed agreement and discontinue negotiations.

Source: Ord. 20091105-068.

(A)

Mailed notice required under this article shall comply with the requirements of Subsection 25-1-134(B) (Procedures and Requirements for Notice) and shall be sent to:

(1)

governmental entity, municipal corporation, or political subdivision that is to be a party to the agreement;

(2)

notice owner of property located within 500 feet of the subject property;

(3)

registered environmental or neighborhood organization whose declared boundaries are within 500 feet of the site of the subject property; and

(4)

utility account addresses located within 500 feet of the site of the subject property, as shown in the City utility records on the date of the filing of the application.

(B)

Mailed and published notice required under this article must:

(1)

describe the general nature of the proposed interlocal development agreement;

(2)

identify the governmental entity, municipal corporation, or political subdivision that is to be a party to the agreement;

(3)

generally describe the proposed agreement;

(4)

identify the entities that may approve the proposed agreement;

(5)

state the earliest date that action on the proposed agreement may occur; and

(6)

include the address and telephone number of the accountable official or staff from whom additional information may be obtained.

Source: Ord. 20091105-068.

(A)

An applicant must obtain approvals in the following order:

(1)

zoning;

(2)

subdivision;

(3)

site plan; and

(4)

building permit.

(B)

An applicant must obtain approvals for subdivision development in the following order:

(1)

preliminary plan, if required;

(2)

plat; and

(3)

subdivision construction plan.

(C)

An applicant may concurrently file zoning and site plan applications if no subdivision is required.

(D)

An applicant may concurrently file subdivision, site plan, and building permit applications, if:

(1)

no zoning or rezoning is required or requested; and

(2)

the site plan has been certified as complete under Section 25-1-82 (Nonsubdivision Application Requirements and Expiration).

(E)

The director may authorize concurrent review of applications for subdivision development under the following circumstances:

(1)

Plat and preliminary plan if the director determines that the application for the preliminary plan only has outstanding deficiencies that are of an administrative nature that will not require significant changes to the layout or design of the subdivision.

(2)

Plat and subdivision construction plan if:

(a)

the preliminary plan has been approved;

(b)

the director determines that the application for the preliminary plan only has outstanding deficiencies that are of an administrative nature that will not require significant changes to the layout or design of the subdivision; and

(c)

the subdivision construction plan has been certified complete under Section 25-1-84 (Subdivision Construction Application Requirements and Expiration).

Source: Section 13-1-36; Ord. 990225-70; Ord. 031211-11; Ord. No. 20190822-117, Pt. 2, 9-1-19; Ord. No. 20230831-141, Pt. 3, 9-11-23.

(A)

A person considering development in the planning jurisdiction may request that the director prepare an assessment of the proposed development. The City encourages a development assessment for a residential project of more than 200 acres, or a commercial or mixed use project of more than 50 acres.

(B)

A development assessment is based on information provided by the requestor and the requirements applicable at the time of the request.

(C)

A development assessment includes:

(1)

an explanation of the procedures and requirements of this title for zoning and rezoning, subdivision, site plan approval, and building permits;

(2)

an estimate of fees; and

(3)

an identification of potential major issues for the project, including whether:

(a)

the proposed land use conforms to the Comprehensive Plan and current zoning;

(b)

proposed arterials, if any, comply with the Transportation Plan;

(c)

proposed collector streets, if any, are adequate for the projected traffic;

(d)

there are significant environmental issues;

(e)

adequate utilities are available; and

(f)

the proposed density or floor area is:

(i)

consistent with the requirements of this title;

(ii)

appropriate, considering the surrounding land use or zoning; and

(iii)

consistent with watershed requirements.

(D)

After the request is received, the director shall deliver a development assessment to the requestor within the time frame established by the director by administrative rule. After its delivery, the requestor may seek a meeting with the director or the director's designee to discuss the development assessment.

Source: Section 13-1-90; Ord. 990225-70; Ord. 031211-11; Ord. No. 20160421-039, Pt. 2, 5-2-16.

In this section, subdivision means preliminary plan, plat, or subdivision construction plan.

(A)

A person considering subdivision in the planning jurisdiction may request that the director prepare a project assessment of the proposed development.

(B)

A project assessment may be submitted before submitting an application if the application as designed requires consideration of discretionary approvals such as:

(1)

A variance or waiver from a provision in Title 25;

(2)

A variance or waiver from criteria manuals adopted to implement the provisions of Title 25;

(3)

An alternative method of compliance allowed under Title 25 or the associated criteria manuals;

(4)

A recommendation from an advisory board or commission; or

(5)

Other discretionary considerations as specified by rule.

(C)

A project assessment is based on information provided by the requestor.

(D)

A project assessment includes:

(1)

an explanation of the procedures and requirements of this title for subdivision;

(2)

an identification of potential major issues for the project, including whether:

(a)

the proposed land use conforms to the Comprehensive Plan and current zoning;

(b)

proposed arterials, if any, comply with the Transportation Plan;

(c)

proposed collector streets, if any, are adequate for the projected traffic;

(d)

there are significant environmental issues;

(e)

there is an official floodplain map delineated;

(f)

there is a wildfire risk area map delineated;

(g)

adequate utilities are available; and

(h)

the proposed density is:

(i)

consistent with the requirements of this title;

(ii)

appropriate, considering the surrounding land use or zoning; and

(iii)

consistent with watershed requirements.

(E)

A recommendation included in a project assessment is not a final determination on a variance or waiver. A recommendation included in a project assessment remains valid for 180 days.

(F)

After the request is received, the director shall deliver a project assessment to the requestor within the time frame established by the director by administrative rule. After its delivery, the requestor may seek a meeting with the director or the director's designee to discuss the project assessment.

Source: Ord. No. 20190822-117, Pt. 4, 9-1-19; Ord. No. 20230413-057, Pt. 2, 4-24-23; Ord. No. 20230831-141, Pt. 4, 9-11-23.

(A)

The director shall grant or deny an application for a permit or approval required by this title within the timeframe established by state law.

(B)

Nothing in this section limits any exceptions to the deadlines provided for in state law.

Source: Section 13-1-22; Ord. 990225-70; Ord. 031211-11; Ord. No. 20190822-117, Pts. 3, 5, 9-1-19Ord. No. 20230831-141, Pt. 6, 9-11-23.

(A)

This section does not apply to an application for a preliminary plan or plat. An application that is denied under Section 25-1-64 (Action on an Application; Deadline) may be updated and resubmitted for review before the application expires. An applicant may update the application in accordance with the timelines adopted under Section 25-1-82 (Non-Subdivision Application Requirements and Expiration) and Section 25-1-84 (Subdivision Construction Plan Application Requirements and Expiration).

(B)

If the director cannot approve an updated application because the updated application fails to comply with the requirements of this title, the director may provide a report to the applicant that specifies the reasons why the updated application does not meet the requirements. A comment included in this report is not a final decision on the update application.

(C)

An application that is expired may not be updated. A new application is required.

Source: Ord. No. 20230831-141, Pts. 5, 7, 9-11-23.

A permit or approval authorizing a particular use of land or a structure transfers with the ownership of the land or structure.

Source: Section 13-1-6; Ord. 990225-70; Ord. 031211-11; Ord. No. 20190822-117, Pt. 3, 9-1-19; Ord. No. 20230831-141, Pt. 5, 9-11-23.

A record owner or the record owner's agent may file an application for a permit or approval required by this title. The responsible director or building official may require an applicant to provide evidence of the applicant's authority to file an application.

Source: Section 13-1-30; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

This section does not apply to an application for preliminary plan, plat, or subdivision construction plan.

(A)

The responsible director may adopt rules establishing the requirements for an application, including timelines for completing staff review and deadlines by which an application must be updated to meet the requirements of this title and other applicable regulations. The rules adopted must be consistent with the timelines for action established in Section 25-1-64 (Action on an Application; Deadline).

(B)

The responsible director or building official may permit an applicant to omit required information from an application that the responsible director or building official determines is not material to a decision on the application. An applicant who disagrees with a determination under this subsection may appeal the decision to the city manager.

(C)

Except as otherwise provided for in this section, the director is authorized to certify a site plan application if it complies with this subsection.

(1)

An application is complete after the applicant pays the required fee and provides the information required to be included in the application no later than the 45th day after the application is submitted.

(2)

If the director rejects an application as incomplete, the director shall provide an applicant with a written explanation that identifies the deficiencies and information needed to complete the application. The director must provide the written explanation within 10 working days after the application is received.

(3)

An application expires if it is not complete on or before the 45th day after the application is submitted. An applicant may submit additional information and correct any deficiencies at any time before the 45th day after the application was submitted.

(4)

A certification that the site plan application is administratively complete is valid for 45 days after the certification has been issued.

(D)

The director is authorized to review a site plan application if the applicant pays the required fee and the site plan application has a valid certification of completeness. If the application has not yet been certified, the certification is no longer valid, or the submitted site plan does not match the certified materials, the director may not review the application but shall provide the applicant a written explanation that identifies the deficiencies within 10 working days after application is received.

(E)

The responsible director or building official may not accept a building or demolition permit application described in Chapter 25-11, Article 2 (Building and Demolition Permits) unless the application is determined to be complete in accordance with this subsection.

(1)

The responsible director or building official shall accept an application as complete if the applicant has paid the required fee and provided the information required to be included in the application no later than the 45th day after the application is submitted.

(2)

If the responsible director or building official rejects an application as incomplete, the responsible director or building official shall provide an applicant with a written explanation that identifies the deficiencies and information needed to complete the application. The responsible director or building official must provide the written explanation within 10 working days after the application is received.

(3)

An application expires if it is not complete on or before the 45th day after the application is submitted. An applicant may submit an update to provide additional information and to correct deficiencies at any time before the application expires.

(F)

An application for a site plan expires one year after the application is submitted unless:

(1)

the application has been approved; or

(2)

the director has granted additional days for the applicant to submit an update under Section 25-1-90(A) (Extension of Update Deadline).

(G)

If the director grants additional days to the applicant under Subsection (F)(2), then the expiration date of the application is extended by the number of days granted.

(H)

Applications subject to Section 25-1-712 (Tenant Notification Required).

(1)

The responsible director may not certify a site plan application as complete until the applicant has paid the required fee, provided the information required to be included, and complied with the notification requirements or the required number of days lapse.

(2)

The responsible director or building official may not accept an application as complete until the applicant has paid the required fee, provided the information required to be included, and complied with the notification requirements or the required number of days lapse.

(3)

If, at the time an application is submitted, a multi-family property is unoccupied but was occupied within the previous 120 days, the application will be rejected as incomplete.

(4)

If, at the time an application is submitted, a mobile home park is unoccupied but was occupied within the previous 270 days, the application will be rejected as incomplete.

Source: Section 13-1-31; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. No. 20140612-084, Pt. 6, 6-23-14; Ord. No. 20160421-039, Pt. 3, 5-2-16; Ord. No. 20160901-050, Pt. 6, 9-12-16; Ord. No. 20190822-117, Pt. 6, 9-1-19; Ord. No. 20230831-141, Pt. 8, 9-11-23; Ord. No. 20230831-103, Pt. 1, 9-11-23.

This section applies only to an application for preliminary plan or plat.

(A)

The responsible director may adopt rules establishing the requirements for an application, including timelines for completing staff review as well as when an application may be updated to meet the requirements of this title and other applicable regulations. The rules adopted must be in accordance with the timelines for action established within Section 25-4-32 (Action Within 30 Days).

(B)

An application for preliminary plan or plat expires 180 days after the application is filed unless the application has been approved.

(C)

An application that has been disapproved with reasons may be updated to address those reasons until the application expires.

(D)

The responsible director may permit an applicant to omit required information from an application that the responsible director determines is not material to a decision on the application.

(E)

The responsible director shall consider an application filed only if the applicant has paid the required fee and provided the information required by the director consistent with state law.

(1)

The applicant has 45 days to provide all the information required by the director after the application is submitted.

(2)

If an application is rejected as incomplete, the responsible director shall provide the applicant a written explanation identifying the deficiencies and the information required to complete the application 10 working days after the application is received.

(3)

An application expires if it is not complete on or before the 45th day after the application is submitted. An applicant may submit an update to provide additional information and to correct deficiencies at any time before the application expires.

Source: Ord. No. 20190822-117, Pt. 8, 9-1-19; Ord. No. 20230831-141, Pt. 9, 9-11-23; Ord. No. 20240718-102, Pt. 1, 7-29-24.

(A)

The responsible director may adopt rules establishing the requirements for a subdivision construction plan application, including timelines for completing staff review as well as when an application may be updated to meet the requirements of this title and other applicable regulations.

(B)

The director is authorized to certify a subdivision construction plan as complete if it complies with this subsection.

(1)

An application is complete if the applicant has paid the required fee and provided the information required to be included in the application no later than the 45th day after it was submitted. The responsible director may permit an applicant to omit required information from an application that the responsible director determines is not material to a decision on the application.

(2)

When the director rejects an application as incomplete, the director shall provide an applicant with a written explanation that identifies the deficiencies and information needed to complete the application. The director must provide the written explanation within 10 working days after the application is received.

(3)

An application expires if it is not complete on or before the 45th day after the application is submitted. An applicant may submit an update to provide additional information and correct any deficiencies at any time before the 45th day.

(4)

A certification that the subdivision construction application is administratively complete is valid for 45 days after the certification has been issued.

(C)

The director is authorized to review the subdivision construction plan application if the applicant pays the required fee and the application has a valid certification of completeness. If the application has not yet been certified, the certification is no longer valid, or the submitted construction plan application does not match the certified materials, the director will not review the application but shall provide the applicant a written explanation identifying the deficiencies 10 working days after the application is received.

(D)

An application for subdivision construction plan expires one year after the application is submitted unless the application has been approved.

Source: Ord. No. 20230831-141, Pt. 11, 9-11-23.

(A)

In this section:

(1)

CMSWL means an area defined as a closed municipal solid waste landfill in Texas Administrative Code, Title 30, Section 330.951.

(2)

LANDFILL AREA means an area marked on a map created by the City and maintained in the Watershed Protection and Development Review Department showing all known CMSWL and including property within:

(a)

the known boundary of a CMSWL;

(b)

200 feet around the estimated boundary of a CMSWL if the boundary is not known; or

(c)

1,500 feet from the estimated center of the CMSWL if neither a known boundary nor an estimated boundary is known.

(B)

Except as provided in Subsection (C), this section applies to development of a residential, commercial, or public enclosed structure that is designed for use by humans and that is located on:

(1)

a site over 1 acre in size; or

(2)

a site located within a landfill area.

(C)

This section does not apply to the remodel of or addition to a single family or duplex residential use permitted in a single family residential small lot (SF-4A) or more restrictive zoning district.

(D)

The responsible director or building official may not approve an application for subdivision, site plan, or building permit unless the applicant has delivered to the responsible director or building official:

(1)

certification from a licensed professional engineer that the site does not overlie a CMSWL; or

(2)

if the site overlies a CMSWL:

(a)

a development permit from the Texas Commission on Environmental Quality;

(b)

written notification from the Texas Commission on Environmental Quality that a development permit is not required; or

(3)

certification from a licensed professional engineer that the applicant will conduct soil testing under the requirements of the Texas Commission on Environmental Quality during construction of the foundation to determine whether the site overlies a CMSWL.

Source: Section 13-1-37; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20080925-138; Ord. No. 20190822-117, Pt. 7, 9-1-19; Ord. No. 20230831-141, Pt. 10, 9-11-23.

(A)

The responsible director may establish regular cycles for consideration of applications by City staff, boards, commissions, and the council. The city manager shall advise the council of the creation or change of a cycle.

(B)

An established cycle supersedes conflicting requirements of this title, except the requirements relating to the duration of a project and those mandated by state law.

Source: Section 13-1-33; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. No. 20190822-117, Pt. 7, 9-1-19; Ord. No. 20230831-141, Pt. 10, 9-11-23.

(A)

An application may not be placed on a board or commission agenda unless staff review is finished and a staff recommendation is available for board or commission consideration. This requirement does not apply if staff review is not finished by the deadline prescribed by this title.

(B)

An application may not be placed on the Land Use Commission or council agenda unless recommendations from all other boards and commissions required to review the application are available for Land Use Commission or council consideration. The responsible director may waive this requirement if the responsible director determines that:

(1)

a board or commission did not review the application in a reasonable period of time; and

(2)

the delay is attributable to the board or commission and not the applicant.

Source: Section 13-1-110; Ord. 990225-70; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11; Ord. No. 20190822-117, Pts. 7, 9, 9-1-19; Ord. No. 20230831-141, Pts. 10, 12, 9-11-23.

The city manager shall inform a board or commission of the dates that other boards or commissions are scheduled to consider an application. A board or commission shall act diligently to finish its review in accordance with the schedule.

Source: Section 13-1-111; Ord. 990225-70; Ord. 031211-11; Ord. No. 20190822-117, Pt. 7, 9-1-19; Ord. No. 20230831-141, Pt. 10, 9-11-23.

(A)

For preliminary plan and plat applications, the director may extend the review period one time if the applicant submits a written request for an extension before the time limitations in Section 25-4-32 (Action Within 30 Days). The review period can only be extended to one time.

(B)

If the director approves an extension request under Subsection (A), the director shall approve, approve with conditions, or disapprove an application for a preliminary plan or plat no later than the expiration of the extended review period.

Source: Section 13-1-34; Ord. 990225-70; Am. Ord. 010329-18; Ord. 031211-11; Ord. No. 20190822-117, Pts. 7, 10, 9-1-19; Ord. No. 20230831-141, Pts. 10, 13, 9-11-23.

This section does not apply to a preliminary plan, plat, or subdivision construction plan. For all other development applications:

(A)

If the time required for staff review of an application exceeds the review time established by the director under Section 25-1-82 (Non-Subdivision Application Requirements and Expiration), the responsible director shall extend the deadline for submitting an update to the application by the number of days that staff exceeded the established review time. The responsible director shall notify the applicant of the new deadline for submitting an update.

(B)

An applicant who is not entitled to an automatic extension under Subsection (A) of this section may request that the responsible director extend a deadline for submitting an update to an application, other than an application for a site plan, subdivision, or subdivision construction plan, in accordance with this subsection.

(1)

A request for an extension under this subsection must be filed with the responsible director in writing before expiration of the deadline established by the director under Section 25-1-82 (Non-Subdivision Application Requirements and Expiration) and must include a justification for the request.

(2)

The responsible director must give notice under Section 25-1-133(B) (Notice of Applications and Administrative Decisions) of an extension request under this subsection.

(3)

The responsible director may grant an extension request under this subsection if the responsible director determines that good cause exists for the extension. An extension period may not exceed the length of the original time period for submitting an update to the application.

(4)

An interested party may appeal the responsible director's decision under this subsection to the Land Use Commission.

Source: Section 13-1-35; Ord. 990225-70; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11; Ord. No. 20160421-039, Pt. 4, 5-2-16; Ord. No. 20190822-117, Pts. 7. 11, 9-1-19; Ord. No. 20230831-141, Pt. 10, 9-11-23.

(A)

This section establishes a "stop the clock" provision tolling the expiration period for an application that requires discretionary review by the Land Use Commission, Board of Adjustment, or city council.

(B)

The expiration of an application is tolled if, prior to expiration of the application, the director determines that:

(1)

discretionary review, as authorized under this title, by the Land Use Commission, Board of Adjustment, or city council, other than a zoning change or code amendment; and

(2)

the application meets all other requirements for approval, except for payment of fees, posting fiscal surety, and other code requirements as determined by the director under Section 25-1-82 (Non-Subdivision Application Requirements and Expiration), 25-1-83 (Preliminary Plan or Plat Application Requirements and Expiration), or 25-1-84 (Subdivision Construction Plan Application and Requirements).

(C)

If an applicant obtains all required discretionary approvals from the Land Use Commission, Board of Adjustment, or city council, any additional updates of the application must be submitted no later than 60 working days after the date of the approval. An application expires if the applicant does not comply with this deadline.

(D)

An application expires if the Land Use Commission, Board of Adjustment, or city council denies a required discretionary approval or fails to take action after considering the matter at a public hearing.

(E)

If expiration of an application is tolled under this section pending required approval by the Land Use Commission, Board of Adjustment, or city council, the expiration period for all other applications associated with the same project is also tolled.

Source: Ord. No. 20160421-039, Pt. 5, 5-2-16; Ord. No. 20160901-050, Pt. 9, 9-12-16; Ord. No. 20190822-117, Pts. 7, 12, 9-1-19; Ord. No. 20230831-141, Pts. 10, 14, 9-11-23.

(A)

An interested party is a person who has an interest in a matter that is the subject of a public hearing or administrative decision. A person has an interest if the person:

(1)

is the applicant or the record owner of property that is the subject of a public hearing or administrative decision; or

(2)

communicates an interest in a matter; and

(a)

occupies a primary residence that is within 500 feet of the site of the proposed development;

(b)

is the record owner of property within 500 feet of the site of the proposed development;

(c)

is an officer of an environmental or neighborhood organization that has an interest in the site of the proposed development or whose declared boundaries are within 500 feet of the site of the proposed development; or

(d)

has a utility account address located within 500 feet of the site of the proposed development, as shown in the City utility records on the date of the filing of the application.

(B)

A person communicates an interest in a matter that is the subject of a public hearing by:

(1)

delivering a written statement that generally identifies the issues of concern to the body conducting the hearing, either before or during the public hearing; or

(2)

appearing and speaking for the record at the public hearing.

(C)

A person communicates an interest in a matter that is the subject of an administrative decision by delivering a written statement to the responsible director or by making telephone contact with the responsible director. The communication must:

(1)

generally identify the issues of concern;

(2)

include the person's name, telephone phone number, and mailing address;

(3)

be delivered before the earliest date on which action on the application may occur; and

(4)

if the communication is by telephone, be confirmed in writing not later than seven days after the earliest date on which action on the application may occur.

Source: Section 13-1-240; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20080515-033; Ord. 20090521-062.

(A)

For a notice required to be given under this subsection, the responsible director shall give notice of a public hearing before a board or commission by mailing notice not later than the 11th day before the date of the hearing to the:

(1)

applicant;

(2)

notice owner of property located within 500 feet of the subject property;

(3)

registered environmental or neighborhood organization whose declared boundaries are within 500 feet of the site of the proposed development;

(4)

parties to an appeal; and

(5)

utility account addresses located within 500 feet of the site of the proposed development, as shown in the City utility records on the date of the filing of the application.

(B)

For a notice required to be given under this subsection, the responsible director shall give notice of a public hearing before the council by:

(1)

publishing notice not later than the 16th day before the date of the public hearing; and

(2)

mailing notice not later than the 16th day before the date of the hearing to the:

(a)

applicant;

(b)

notice owner of property located within 500 feet of the subject property;

(c)

registered environmental or neighborhood organization whose declared boundaries are within 500 feet of the site of the proposed development;

(d)

parties to an appeal; and

(e)

utility account addresses located within 500 feet of the site of the proposed development, as shown in the City utility records on the date of the filing of the application.

(C)

For a notice required to be given under this subsection, the responsible director shall give notice of a public hearing before a board or commission or the council by:

(1)

mailing notice to a neighborhood organization not later than the 11th day before the date of a hearing scheduled before a board or commission and not later than the 16th day before the date of a hearing scheduled before the council; and

(2)

publishing notice not later than the 16th day before the date of a hearing before the council.

(D)

This subsection applies to public hearings on two or more matters related to the same property or development.

(1)

One notice may be provided if the hearings are scheduled:

(a)

on the same date before the same body; or

(b)

before two or more bodies not later than the 45th day after the date of a notice.

(2)

The responsible director shall provide notice not later than the date the earliest notice is required.

(E)

Notice provided under this section must:

(1)

generally describe the subject matter of the public hearing;

(2)

identify the applicant and the location of the subject property;

(3)

identify the body holding the public hearing and the date, time, and place of the public hearing;

(4)

if the decision of the body holding the public hearing may be appealed, describe the procedure and requirements for an appeal; and

(5)

include the address and telephone number of the office from which additional information may be obtained.

Source: Section 13-1-200 and Section 13-1-202(b); Ord. 990225-70; Ord. 010329-18; Ord. 030828-65; Ord. 031211-11; Ord. 20080515-033; Ord. 20090521-062.

(A)

For notice required to be given under this subsection, the responsible director shall mail notice not later than the 14th day after the filing of an application to the:

(1)

applicant;

(2)

notice owner of real property located within 500 feet of the subject property; and

(3)

registered environmental or neighborhood organization whose declared boundaries are within 500 feet of the site of the proposed development; and

(4)

utility account addresses located within 500 feet of the site of the proposed development, as shown in the City utility records on the date of the filing of the application.

(B)

For notice required to be given under this subsection, the responsible director shall mail notice not later than one day after an administrative decision to:

(1)

the record owner of the subject property; and

(2)

interested parties.

(C)

Notice provided under this section must:

(1)

describe the general nature of the application;

(2)

identify the applicant and the location of the site;

(3)

generally describe the proposed development;

(4)

identify the entity that may approve the application;

(5)

state the earliest date that action under a decision may occur;

(6)

describe the procedure and requirements for becoming an interested party;

(7)

if the decision may be appealed, describe the procedure for an appeal; and

(8)

include the address and telephone number of the accountable official from whom additional information may be obtained.

(D)

An accountable official may not make a decision on an application for which notice is required to be provided under this section earlier than the 14th day after the date the notice is issued. The responsible director may permit the decision to be made sooner.

Source: Section 13-1-201 and Section 13-1-202(c); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20080515-033; Ord. 20090521-062.

(A)

Published notice is effective on the date a notice is published in a newspaper of general circulation in the city.

(B)

Mailed notice is effective on the date a letter is deposited in a depository of the U.S. Post Office, postage paid, and addressed:

(1)

to an applicant, by mailing notice to the property owner or agent at the address shown on the application or on a written change of address form filed with the responsible director or building official;

(2)

to a notice owner of real property, by mailing notice to the owner shown on the records of the county tax appraisal district;

(3)

to a record owner of real property, by mailing notice to the owner at the street address of the property or, if the property does not have a street address, to the return address shown on the deed; and

(4)

to a neighborhood organization, by mailing notice to the agent or officer of the organization at the mailing address specified in the City registration information.

(C)

Notice by certified mail, return receipt requested, is only required if prescribed in this title.

(D)

Notice by hand delivery may be substituted for notice by mail if the addressee provides a receipt of delivery.

(E)

When mailed notice to a notice owner is required:

(1)

except as provided in Subsection (E)(2), the responsible director shall prepare the list of notice owners; or

(2)

if the county tax appraisal district maintains ownership records on an automated data base that is not accessible by the City, the applicant shall provide a complete list of notice owners from information obtained from the tax appraisal district and shall certify its accuracy on a form provided by the responsible director.

(F)

The responsible director shall notify a neighborhood organization of:

(1)

an application concerning property located completely or partially within the boundaries of the neighborhood organization; and

(2)

a proposed amendment to the text of this title or the Comprehensive Plan.

Source: Section 13-1-202(a) and (b); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

(A)

The responsible director shall post a sign required by this title.

(B)

A sign must:

(1)

specify the type of action pending, the file number, and the name and telephone number of the person to contact for additional information;

(2)

be visible from the street; and

(3)

be spaced not more than 200 feet apart from another sign for the same application.

(C)

If the street frontage of the subject property is less than 200 feet in length, only one sign is required. Not more than three signs are required regardless of the length of the street frontage.

(D)

A person may not remove a sign before the earliest date on which action may be taken on the application.

(E)

If requested by an applicant, the responsible director may allow the applicant to post a sign. The applicant shall:

(1)

place a sign on property in accordance with this section;

(2)

provide verification of the placement of the sign in the manner prescribed by the responsible director; and

(3)

respond to a complaint not later than 24 hours after receiving the complaint.

Source: 13-1-202(d); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

(A)

A person shall register to speak at a public hearing with the presiding officer of the body conducting the hearing in the manner provided by the presiding officer.

(B)

A person who registers before the hearing may speak at the time provided in Subsection (E). A person who registers after the beginning of a hearing may speak before the close of the hearing with the permission of the presiding officer.

(C)

The speaker registration shall identify the name and mailing address of the speaker and the matter to be addressed.

(D)

A speaker shall state the speaker's name at the beginning of the speaker's presentation when addressing the body conducting the hearing.

(E)

Except as provided in Article 7 (Appeals, Variances, Special Exceptions, and Adjustments), a public hearing shall proceed as follows:

(1)

presentation of a report by City staff;

(2)

presentation by the applicant, for a hearing on an application;

(3)

presentation by interested parties supporting the application or proposal;

(4)

presentation by interested parties opposing the application or proposal;

(5)

rebuttal by the applicant, for a hearing on an application.

(F)

A member of the body conducting the public hearing may ask questions of a person at any time during the hearing. With the approval of the presiding officer, a person may ask a question of another person.

(G)

The body conducting a public hearing may limit a speaker's time to address the body. The presiding officer may request that a speaker eliminate repetitious or irrelevant testimony.

Source: Section 13-1-241; Ord. 990225-70; Ord. 031211-11.

(A)

The body conducting a public hearing may:

(1)

postpone a public hearing by announcing the postponement on the date and at the time and location stated in the notice for the scheduled hearing; and

(2)

continue a public hearing to a later date by announcing the continuance after the hearing begins.

(B)

If the body conducting a public hearing postpones or continues a hearing to a specific date and time not later than 60 days after the date on which the postponement or continuance is announced, the announcement is adequate notice of the next hearing and additional notice is not required.

(C)

When a body conducting a public hearing postpones or continues a hearing, the next hearing shall be held at the same location as the original hearing unless a change in location is announced at the time of the postponement or continuance.

(D)

If a body does not specify a hearing date and time at the time that a postponement or continuance is announced, notice of the next hearing shall be provided in the manner required for the original hearing.

(E)

The body conducting a public hearing regarding a preliminary plan or plat may not postpone or continue the hearing, unless it can do so without exceeding the time limitations in Section 25-4-32 (Action Within 30 Days) and Section 25-4-39 (Action Within 15 Days after Applicant Response).

Source: Section 13-1-203; Ord. 990225-70; Ord. 031211-11; Ord. No. 20190822-117, Pt. 13, 9-1-19.

(A)

The presiding officer of the body conducting a public hearing may change the location of a hearing for good cause.

(B)

The presiding officer shall post a sign notifying the public of the change of location. The sign must:

(1)

be prominently displayed at the original location of the hearing on the date and at the time of the original hearing;

(2)

identify the hearing being relocated;

(3)

state the time, date, and new location of the hearing; and

(4)

provided an explanation for relocation.

(C)

The hearing shall be postponed a sufficient period of time to provide a reasonable opportunity for interested parties to travel from the original location to the new location of the hearing.

Source: Section 13-1-203; Ord. 990225-70; Ord. 031211-11.

(A)

The body conducting a public hearing shall record each public hearing on audio tape or video tape.

(B)

The official record of a public hearing includes:

(1)

the audio tape or video tape recording of the public hearing;

(2)

written staff reports; and

(3)

documentary evidence submitted during a public hearing.

(C)

A person may review the official record of a public hearing.

(D)

The custodian of the records of the body conducting the hearing may establish rules regarding the time and location for review of the record.

Source: Section 13-1-242; Ord. 990225-70; Ord. 031211-11.

(A)

A person has standing to appeal a decision if:

(1)

the person is an interested party or has standing to appeal under applicable provisions of state law; and

(2)

a provision of this title or state law identifies the decision as one that may be appealed by that person.

(B)

A body holding a public hearing on an appeal shall determine whether a person has standing to appeal the decision.

Source: Section 13-1-250; Ord. 990225-70; Ord. 030828-65; Ord. 031211-11; Ord. No. 20230831-141, Pt. 15, 9-11-23.

An interested party or a person who has standing to appeal under applicable provisions of state law may initiate an appeal by filing a notice of appeal with the responsible director or building official, as applicable, not later than:

(1)

the 14th day after the date of the decision of a board or commission; or

(2)

the 20th day after an administrative decision; or

(3)

for an appeal authorized under state law, the date specified by state law.

Source: Section 13-1-251(a); Ord. 990225-70; Ord. 031211-11; Ord. No. 20230831-141, Pt. 16, 9-11-23.

The notice of appeal must be on a form prescribed by the responsible director or building official and must include:

(1)

the name, address, and telephone number of the appellant;

(2)

the name of the applicant, if the appellant is not the applicant;

(3)

the decision being appealed;

(4)

the date of the decision;

(5)

a description of the appellant's status as an interested party; and

(6)

the reasons the appellant believes the decision does not comply with the requirements of this title.

Source: Section 13-1-251(a); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

The responsible director shall notify an applicant in writing if there is an interested party to an administrative decision.

Source: Section 13-1-251(b); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

On receipt of a notice of appeal or an amendment of a notice, the responsible director or building official shall promptly notify the presiding officer of the body to which the appeal is made and, if the applicant is not the appellant, the applicant.

Source: Section 3-1-253(a); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

If requested by an interested party, the responsible director shall schedule a meeting to discuss and attempt to resolve the issues raised by an appeal of an administrative decision. The responsible director shall notify all interested parties of a meeting scheduled under this section. All interested parties may attend the meeting.

Source: Section 13-1-251(b); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

(A)

Development under a site plan may not occur during the time period during which an appeal of the site plan may be initiated.

(B)

An approved plan or permit is suspended on the timely filing of an appeal of the plan or permit.

(C)

Development affected by an appeal may not occur pending the final disposition of the appeal.

Source: Section 13-1-252; Ord. 990225-70; Ord. 031211-11.

A public hearing on an appeal shall be scheduled for the first available meeting for which notice of the hearing can be timely provided.

Source: Section 13-1-253(b); Ord. 990225-70; Ord. 031211-11.

(A)

The responsible director shall give notice under Section 25-1-132(B) (Notice of Public Hearing) of a public hearing on an appeal to the council.

(B)

Except as provided in Subsection (C), the responsible director shall give notice under Section 25-1-132(A) (Notice of Public Hearing) of a public hearing on an appeal to a board or commission.

(C)

The responsible director shall give notice under Chapter 25-12 (Technical Codes) and applicable state law of a public hearing on an appeal to a board or commission created by Chapter 25-12 (Technical Codes) or having jurisdiction over regulations contained in Chapter 25-12 (Technical Codes).

Source: Section 13-1-253(b); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

The appellant must establish that the decision being appealed is contrary to applicable law or regulations.

Source: Section 13-1-254; Ord. 990225-70; Ord. 031211-11.

(A)

Before opening a hearing, a body hearing an appeal shall decide preliminary issues raised by the parties, including whether to postpone or continue the hearing and whether the appellant has standing to appeal.

(B)

A public hearing on an appeal shall proceed in the following order:

(1)

a report from City staff;

(2)

a presentation by the appellant;

(3)

comment by persons supporting the appeal;

(4)

comment by persons opposing the appeal; and

(5)

a rebuttal by the appellant.

Source: Section 13-1-255; Ord. 990225-70; Ord. 031211-11.

A body hearing an appeal may, in accordance with the requirements of this title, exercise the power of the official or body whose decision is appealed. A decision may be upheld, modified, or reversed.

Source: Section 13-1-256; Ord. 990225-70; Ord. 031211-11.

(A)

This section applies to a formal determination by the director under Section 25-2-2 (Determination of Use Classification) regarding the appropriate classification of a land use that is not specifically classified under Chapter 25-2, Subchapter A (Zoning Uses).

(B)

Except as otherwise provided by this section, a use determination may be requested at any time by filing an application on a form provided by the director and by paying a fee established by separate ordinance.

(C)

In addition to any additional information required by the director, an application for a use determination must:

(1)

state whether the determination is requested in connection with a specific project, and if so, reference the application number;

(2)

if the determination is not related to a specific development application, state whether it is requested for a particular address;

(3)

describe the land use(s) for which a determination is sought; and

(4)

include any information that the applicant requests the director to consider in making the use determination, including but not limited to an explanation of the similarities, if any, of the use to other classified uses.

(D)

A use determination for a project that is subject to a pending development application is a "project use determination" and is subject to the requirements of this subsection.

(1)

The director shall determine whether a site plan application requires a use determination under Section 25-2-2 (Determination of Use Classification) within the applicable review period required by Section 25-5-114 (Time Periods for Determination; Notice) or Section 25-5-143 (Director's Report).

(2)

If the director determines that a use determination is required, the applicant must submit a request for a project use determination under Subsection (B) before the application expires.

(3)

Within 14 days after receiving a request for a project use determination, the director shall issue a determination under Subsection (F) of this section and provide notice of the determination under Section 25-1-133(B) (Notice of Applications and Administrative Decisions).

(4)

Any person entitled to notice of a use determination under Section 25-1-133(B) (Notice of Applications and Administrative Decisions) may appeal the decision to the Board of Adjustment no later than 14 days after notice is provided.

(E)

A request for a use determination that is not associated with a pending development application is a "non-project use determination" and is subject to the requirements of this subsection.

(1)

A non-project use determination may be requested by anyone, at any time, for a use that requires a determination under Section 25-2-2 (Use Determination).

(2)

In addition to the requirements in Subsection (C) of this section, an application for a non-project use determination must include:

(a)

any information requested by the director regarding the nature of the use for which a determination is requested, including the size, scale, or intensity of the use; and

(b)

a specific address, if the applicant intends to rely on the determination in connection with a development application.

(3)

Within 14 days after receiving a request for a non-project use determination, the director shall provide notice of the determination:

(a)

to the applicant and to registered environmental and neighborhood organizations, if the determination is not associated with a specific address; or

(b)

to all parties entitled to notice under Section 25-1-133(A) (Notice of Applications and Administrative Decisions), if the determination is associated with a particular address.

(4)

Any person entitled to notice of a non-project use determination under this subsection may appeal the determination to the Board of Adjustment within 14 days.

(F)

The director may not make a decision on an application that is dependent upon a use determination:

(1)

until after the period for appealing the use determination to the Board of Adjustment has run;

(2)

if the use determination is appealed to the Board of Adjustment, until after the board has decided the appeal; or

(3)

if a decision of the Board of Adjustment is appealed to district court, until after the district court has decided the appeal.

(G)

Unless a use determination is reversed or modified by the Board of Adjustment, the director shall follow the determination in reviewing subsequent requests for a determination on the same or substantially similar land uses.

(H)

A use determination is not subject to further notification or appeal under this section if it has been considered by the Board of Adjustment in response to an appeal or notice of the determination was previously provided under this section and no appeal was filed.

(I)

A use determination issued by the director under this section must:

(1)

include all information required under Section 25-1-133(C) (Notice of Applications and Administrative Decisions);

(2)

state the director's determination regarding how the use is classified under existing use regulations;

(3)

explain the factors considered by the director in making the determination under Section 25-2-2 (Determination of Use Classification), including the similarity of a use to other classified land uses; and

(4)

describe any special characteristics of the use determination, including limitations on the size, scale, location or intensity, of the use.

(J)

A use determination issued under this section may not be used to render decisions interpreting site development regulations.

Source: Ord. 20120426-122.

(A)

A person may file an application for a variance or a special exception with:

(1)

the building official for a variance or special exception granted by the Board of Adjustment; or

(2)

the responsible director for a variance granted by the Land Use Commission or the council.

(B)

An application may include a request for:

(1)

variances or special exceptions from regulations applicable to the same site; or

(2)

similar variances or special exceptions on two or more adjacent parcels with similar characteristics.

(C)

The building official or responsible director may require that the applicant provide information that the building official or responsible director determines is necessary to evaluate the variance or special exception request.

Source: Section 13-1-280; Ord. 990225-70; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11; Ord. 20110526-098.

(A)

For an application for a variance or special exception requiring consideration by the Board of Adjustment, the building official shall prepare and file a report with the board not later than the 11th day before the public hearing.

(B)

For an application for a variance requiring consideration by the Land Use Commission, the responsible director shall prepare and file a report with the Land Use Commission not later than the 11th day before the public hearing.

(C)

The building official shall make a report described in this section available to the public when the report is filed with the Board of Adjustment or Land Use Commission.

(D)

This subsection applies to an application for a zoning variance or special exception for property zoned as a family residence (SF-3) or more restrictive district.

(1)

The building official shall waive the application fee if the official determines that the variance or special exception is supported by the notice owners of 80 percent or more of the property located within 300 feet of the property for which the variance is sought.

(2)

An applicant who seeks a fee waiver must:

(a)

obtain the signature of each notice owner who supports the variance or special exception, on a form provided by the building official; and

(b)

submit the completed form to the building official.

Source: Section 13-1-281 and 13-1-282; Ord. 990225-70; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11; Ord. 20080110-106; Ord. 20110526-098.

(A)

This section applies to an application for a variance from the requirements of Chapter 25-8, Subchapter A (Water Quality).

(B)

The Environmental Board shall consider an application for a variance and forward its recommendation to the Land Use Commission.

(C)

The Land Use Commission shall consider the Environmental Board's recommendation before acting on a variance.

Source: Section 13-1-283(b); Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

This subsection does not apply to a preliminary plan, plat, or subdivision construction plan. For all other development applications:

(1)

The Board of Adjustment or Land Use Commission, as applicable, shall hold a public hearing on an application for a variance or special exception not later than the 45th day after the date the application is filed.

(2)

The building official or responsible director, as applicable, shall give notice under Section 25-1-132(A) (Notice of Public Hearing) of a public hearing on an application for a variance or special exception, and, for a variance or special exception heard by the Board of Adjustment, by posting one or more signs.

(B)

For an application to replat without vacation of the preceding plat, the director shall give notice under Section 25-1-132(B) (Notice of Public Hearing) if:

(1)

During the preceding five years any of the area to be platted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot; or

(2)

Any lot in the preceding plan was limited by deed restriction to residential use for not more than two residential units per lot.

Source: Section 13-1-283(a); Ord. 990225-70; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11; Ord. 20110526-098; Ord. No. 20190822-117, Pt. 14, 9-1-19.

(A)

Except as otherwise provided in this chapter, the Board of Adjustment or the Land Use Commission shall act on an application for a variance or special exception not later than the next meeting after the public hearing is closed.

(B)

The Board of Adjustment or the Land Use Commission may:

(1)

approve an application for a variance;

(2)

approve an application for a variance with modifications; or

(3)

deny an application for a variance.

(C)

The Board of Adjustment or the Land Use Commission may require that a variance be:

(1)

revocable;

(2)

effective for a specified time period; or

(3)

subject to one or more conditions.

(D)

The Board of Adjustment may act on a request for a special exception in the manner provided for variances under Subsections (B) and (C) of this section.

Source: Section 13-1-284; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. 20110526-098.

(A)

Except as provided in Subsection (B), a decision on a variance or special exception is effective immediately.

(B)

If a variance or special exception is appealable, a decision on the variance is effective:

(1)

except as provided in Subsection (B)(2), at the expiration of the time period during which an appeal may be filed; or

(2)

if a notice of appeal is filed, when a final decision on the appeal is made.

Source: Section 13-1-285; Ord. 990225-70; Ord. 031211-11; Ord. 20110526-098.

(A)

Except as provided in Subsection (B), a variance or special exception expires:

(1)

except as provided in Subsection (A)(2), one year after the effective date of the variance or special exception; or

(2)

on the date established as a condition of approval.

(B)

A variance or special exception expires on the date an approved plan or permit expires if:

(1)

an application for approval of a plan or permit is submitted before a variance or special exception expires under Subsection (A); or

(2)

the variance or special exception is granted in association with the approved plan or permit.

Source: Section 13-1-286; Ord. 990225-70; Ord. 031211-11; Ord. 20110526-098.

If an application for a variance or special exception is denied or if a variance or special exception is revoked, a person may not file an application for the same or a similar variance or special exception on the same or substantially the same site for a period of one year from the date of denial or revocation.

Source: Section 13-1-287; Ord. 990225-70; Ord. 031211-11; Ord. 20110526-098.

(A)

An application for an adjustment under Chapter 25-8, Subchapter A (Water Quality) may be considered only in connection with the review of:

(1)

a site plan;

(2)

a subdivision; or

(3)

other specific development project or proposal.

(B)

An applicant may file an application for an adjustment with the director.

(C)

An application for an adjustment must be on a form prescribed by the director and must include:

(1)

the names and addresses of the applicant and the owner;

(2)

the address and legal description of the property;

(3)

proof that the applicant is either the record owner or the record owner's agent;

(4)

identification of the section of Chapter 25-8, Subchapter A (Water Quality) that, as applied to the development project or proposal, the applicant claims violates the United States Constitution, the Texas Constitution, or federal or state statute, and the provisions violated;

(5)

a statement of the factual basis for applicant's claims;

(6)

a legal brief supporting applicant's claims; and

(7)

a description of the adjustment requested, and an explanation of how the adjustment is the minimum required to comply with the conflicting law and provides maximum protection of water quality.

Source: Section 13-1-304; Ord. 990225-70; Ord. 031211-11; Ord. 20131017-046.

This section prescribes the order of process for an application for adjustment.

(1)

The Law Department shall review an application for adjustment and advise the city manager.

(2)

The city manager shall present the application and the city manager's recommendation to the council.

(3)

The council shall determine whether application of the identified section of Chapter 25-8, Subchapter A (Water Quality) to the applicant's development project or proposal violates the United States Constitution, the Texas Constitution, or federal or state statute. An affirmative determination requires a three-quarters vote of the city council. If the council does not make an affirmative determination, the application is denied.

(4)

This subsection applies if the council makes an affirmative determination under Subsection (3).

(a)

The Watershed Protection Department shall review the application and advise the city manager.

(b)

The city manager shall present the application and the city manager's recommendation to the council at a public hearing.

(c)

After a public hearing, the city council shall:

(i)

determine the minimum adjustment required to comply with the conflicting law and provide maximum protection of water quality; and

(ii)

grant the adjustment.

Source: Section 13-1-305; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20131017-046.

This article applies to development that occurs under an approved subdivision construction plan or site plan in the planning jurisdiction of the City.

Source: Section 13-1-830; Ord. 990225-70; Ord. 031211-11.

(A)

Except as provided in Subsection (C), the owner of a project, or owner representative, shall participate in a preconstruction conference with accountable officials before starting construction under an approved site plan or subdivision construction plan.

(B)

An owner, or owner representative, shall request the accountable official to schedule the preconstruction conference when the owner pays the required inspection fees.

(C)

The director may waive the requirement for a preconstruction conference.

Source: Section 13-1-831(a); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

(A)

The accountable official shall provide notice of the conference to the following persons or entities not later than the second day before the conference:

(1)

owner representative;

(2)

consulting engineer;

(3)

contractors;

(4)

county engineers, as appropriate; and

(5)

affected utilities and appropriate city departments.

(B)

Before convening a preconstruction conference, the accountable official shall distribute approved plans for the development to the persons and entities receiving notice of the conference.

Source: Section 13-1-831(b); Ord. 990225-70; Ord. 031211-11.

(A)

The conference participants shall exchange telephone numbers and addresses at the conference.

(B)

The participants shall discuss:

(1)

the sequence of construction;

(2)

start dates and schedule of events;

(3)

erosion and sedimentation controls;

(4)

traffic control barricades;

(5)

site supervision;

(6)

emergency response;

(7)

special conditions or provisions of plans or specifications;

(8)

final acceptance guidelines; and

(9)

publishing and distribution of minutes of the conference.

Source: Section 131-831(b); Ord. 990225-70; Ord. 031211-11.

Before construction begins, the owner's consulting engineer shall prepare and distribute minutes of the preconstruction conference. Conference participants may file exceptions to the minutes. The engineer shall distribute copies of exceptions to the conference participants and shall include the exceptions in the inspection file.

Source: Section 13-1-831(b); Ord. 990225-70; Ord. 031211-11.

(A)

The central dispatcher for the City shall coordinate contact between a permittee and an inspector.

(B)

A permittee shall contact the central dispatcher to request an inspection.

(C)

The accountable official may:

(1)

require that a request be made 48 hours before the date the inspection is desired; and

(2)

specify the manner in which the request is made.

(D)

The central dispatcher shall maintain inspection requests for the city departments.

Source: Section 13-1-833; Ord. 990225-70; Ord. 031211-11.

(A)

A permittee may not begin work under a permit until an inspection record card is posted on the site.

(B)

The permittee shall post the card in a readily accessible location.

(C)

The inspector shall note each inspection on the record card.

(D)

The permittee shall post the record card until the accountable official finds that the permittee meets all City requirements.

Source: Section 13-1-834; Ord. 990225-70; Ord. 031211-11.

(A)

The owner shall request an inspection of erosion and sedimentation controls and tree protection measures after the owner installs the controls and measures.

(B)

The accountable official shall schedule the inspection. The owner, consulting engineer, and contractor shall attend the inspection.

(C)

During the inspection, the owner shall:

(1)

demonstrate that the erosion and sedimentation controls and tree protection measures comply with the City's Environmental Criteria Manual; and

(2)

present a plan to the inspector that includes future erosion and sedimentation controls, drainage, and utility and street layout.

(D)

After two days notice to the owner, the inspector may modify the approved erosion control and construction sequencing if:

(1)

the inspector determines that the plans are inadequate;

(2)

the inspector confirms the determination with the accountable official in the Watershed Protection and Development Review Department; and

(3)

the accountable official provides written approval of the modification.

(E)

The inspector may make minor changes to the erosion control and construction sequencing plans without written approval from an accountable official in the Watershed Protection and Development Review Department if the modification upgrades erosion controls or reflects construction progress.

(F)

Except as provided in Subsection (G), the owner may not begin construction until the accountable official determines that the erosion and sedimentation controls and tree protection measures comply with City requirements.

(G)

If the accountable official does not conduct an inspection on or before the fifth day after receiving a request, the owner may proceed with construction.

Source: Section 13-1-832; Ord. 99-0225-70; Ord. 010329-18; Ord. 031211-11.

(A)

Except as provided in Subsection (B), the director may charge a reinspection fee if at the time that an inspector attempts to conduct an inspection, the permittee:

(1)

has not finished the work to be inspected;

(2)

has not finished corrections previously required by an inspector;

(3)

has not posted the record inspection card;

(4)

does not make approved plans readily available to the inspector; or

(5)

does not provide access to the work on the scheduled inspection date.

(B)

Work that was rejected at the first inspection for failure to comply with a technical code may be reinspected without payment of a reinspection fee.

(C)

If a reinspection fee is due, additional inspections may not be performed until the reinspection fee is paid.

Source: Section 13-1-835; Ord. 990225-70; Ord. 031211-11.

The director shall deliver two copies of the released subdivision construction plans and approved plan revisions to the accountable official for inspection.

Source: Section 13-1-860; Ord. 990225-70; Ord. 031211-11.

(A)

Approximately 10 days before work under the subdivision construction plans is finished, the owner shall notify the accountable official in writing that the work is substantially complete and shall request a list of work to be completed.

(B)

On the day that the owner provides notice under Subsection (A), the consulting engineer shall submit a construction summary report to the accountable official.

Source: Section 13-1-861; Ord. 990225-70; Ord. 031211-11.

(A)

Not later than the fourth day after the owner gives written notice that work under a subdivision construction plan is substantially complete, the accountable official shall:

(1)

review the work; and

(2)

prepare a report identifying work that does not comply with the construction plans and work that must be performed before the accountable official issues a final acceptance letter.

(B)

When the owner finishes the work listed in the report issued under Subsection (A), the accountable official shall modify the report to reflect that the required work is finished.

Source: Section 13-1-862; Ord. 990225-70; Ord. 031211-11.

(A)

The accountable official shall schedule a final acceptance meeting at the site and shall invite the:

(1)

consulting engineer;

(2)

contractors, as appropriate;

(3)

county engineer, as appropriate;

(4)

staff of affected utilities and City departments;

(B)

The accountable official may not issue a final acceptance letter until:

(1)

work identified in the accountable official's report has been completed;

(2)

the following items have been submitted:

(a)

construction summary report;

(b)

consulting engineer's concurrence letter;

(c)

reproducible plans, certified "as built" by the consulting engineer;

(d)

required one-year warranty bonds;

(e)

cash or cashier's check for balances due, if any; and

(3)

if the owner executed a developer contract, the conditions of the contract have been satisfied.

(C)

The accountable official shall issue an acceptance letter to an owner who meets the requirements of Subsection (B). If the owner has not satisfied all requirements, the accountable official shall issue a list of requirements that the owner must satisfy.

Source: Section 13-1-863; Ord. 990225-70; Ord. 031211-11.

(A)

The director shall forward to the accountable official two copies of the approved site plan, approved building permit construction plan, approved revision, and applicable specifications for a development.

(B)

The building official shall provide a copy of the approved plans required by Subsection (A) to the owner. The owner shall retain the plans at the site during construction and inspections.

Source: Section 13-1-900; Ord. 990225-70; Ord. 031211-11.

(A)

During construction, the accountable official shall inspect land grading, drainage, and detention and water quality control facilities to determine whether the facilities comply with the released site plan.

(B)

After construction of the land grading, drainage, and detention and water quality control facilities on a site is finished, the design engineer must submit a letter to the accountable official stating that the project substantially complies with the approved construction plans.

(C)

The accountable official shall perform the final inspection of the facilities after the design engineer submits the letter described in Subsection (B).

(D)

Except as provided in Subsection (E), the accountable official may issue a certificate of occupancy or compliance only if the land grading, drainage, and detention and water quality facilities have been completed in accordance with the requirements of the Code, site plan, and building permit construction plan.

(E)

Except in the Barton Springs Zone, the accountable official may issue a certificate of compliance or certificate of occupancy before the construction is finished if:

(1)

the accountable official determines that the unfinished construction is minor and the facility, as constructed, can perform the task for which it was designed; and

(2)

the owner executes an agreement on a form prescribed by the accountable official providing for the finishing of the construction and the posting of fiscal security in the amount and for the length of time determined by the accountable official.

Source: Section 13-1-901; Ord. 990225-70; Ord. 031211-11.

(A)

Except as provided in Subsection (B), City utilities may be provided to a property if:

(1)

for a property located in the extraterritorial jurisdiction of the City, the accountable official issues a certificate of compliance for the development and signs a final acceptance letter for the subdivision infrastructure; or

(2)

for a property located in the City's zoning jurisdiction, the building official issues a certificate of occupancy for the building.

(B)

If required erosion and sedimentation controls are finished, the accountable official may authorize a temporary electrical connection:

(1)

to test building service equipment before a certificate of occupancy or certificate of compliance has been issued; or

(2)

to provide electrical service to a building for which a temporary certificate of occupancy has been issued.

Source: Section 13-1-905; Ord. 990225-70; Ord. 031211-11.

A person shall comply with the requirements of this title.

Source: Section 13-1-60; Ord. 990225-70; Ord. 031211-11.

(A)

A permit holder must, as a condition of the permit, to allow City inspectors to enter and inspect the land or premises that is the subject of the permit.

(B)

An applicant for an approval under this title shall agree in writing to allow City inspectors to enter and inspect the land or premises that is the subject of the application during approval and development.

(C)

Entry and inspection under this section must be at a reasonable time for the purpose of investigating or enforcing the requirements of this title.

(D)

If the premises are occupied, the City inspector shall present the inspector's credentials and request entry. If the premises are unoccupied, the inspector shall attempt to contact a responsible person and request entry.

Source: Section 13-1-74; Ord. 990225-70; Ord. 031211-11.

(A)

A contractor shall keep a copy of the released site plan at the development site and allow a City inspector to examine it on request.

(B)

A contractor's failure to produce the copy of the released site plan on request by a City inspector is prima facie evidence that a released site plan does not exist.

Source: Section 13-1-72(c); Ord. 990225-70; Ord. 031211-11.

(A)

A permit holder shall keep a copy of the right of way use permit in an accessible place on the construction site or business premises during the period for which the permit is valid.

(B)

A permit must state the name of the site manager, supervisor, project superintendent, or prime contractor to be contacted by the inspector or police officer if problems exist.

(C)

A permit holder's failure to produce a copy of the permit on request from a police officer, an authorized representative of the City, or a City building inspector, is prima facie evidence that a permit does not exist.

Source: Section 13-1-71(b); Ord. 990225-70; Ord. 031211-11; Ord. 20060504-039.

(A)

The accountable official may suspend a permit or license if the official determines that:

(1)

the permit or license was issued in error; or

(2)

the permit or license holder has not complied with the requirements of this title.

(B)

A suspension is effective until the official determines that the permit holder has complied with the requirements of this title.

Source: Section 13-1-63 (a); Ord. 990225-70; Ord. 031211-11.

(A)

The director may suspend a released site plan or an approved subdivision construction plan if the director determines that:

(1)

the site plan was released in error;

(2)

the subdivision construction plan was approved in error; or

(3)

the development does not comply with this title.

(B)

A suspension is effective until the director determines that the applicant has complied with the requirements of this title.

Source: Section 13-1-64 (a); Ord. 990225-70; Ord. 031211-11.

(A)

The building official may suspend a certificate of occupancy if the building official determines that:

(1)

the certificate of occupancy was issued in error; or

(2)

the structure does not comply with the requirements of the City Code.

(B)

A suspension is effective until the building official determines that the person using the building has complied with the requirements of the City Code.

Source: Section 13-1-65 (a); Ord. 990225-70; Ord. 031211-11.

(A)

In this section, "permit issuer" means the department director who issued a right-of-way use permit under Chapter 14-11 (Use of Right-of-Way).

(B)

The permit issuer may suspend a right-of-way use permit if the permit issuer determines that the permit holder has not complied with the requirements of the permit.

(C)

The permit issuer may request review by the Compliance Review Committee of a proposed revocation or suspension. The Committee's findings are not binding on the permit issuer.

(D)

The permit issuer may require that a person found in violation of a permit requirement pay an investigation fee before the director reinstates a suspended or revoked right-of-way use permit. The fee is one-third of the cost of the permit.

(E)

A suspension is effective until the permit issuer determines that the person has complied with the requirements of the permit.

Source: Sections 13-1-66(a) and (d); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

(A)

If the accountable official determines that a person is not in compliance with a requirement of a variance or special exception, the accountable official may suspend the variance or special exception pending compliance.

(B)

The body granting the variance or special exception shall hold a public hearing and determine whether the person is in compliance with the requirements of the variance or special exception.

(C)

The body shall hold the public hearing not later than the 45th day after notification of the suspension under Section 25-1-418 (Notice Of Suspension Or Revocation). The director shall give notice under Section 25-1-132(A) (Notice Of Public Hearing) of the public hearing.

(D)

If the body determines that the person is not in compliance with a requirement of the variance or special exception, the body may revoke the variance or special exception or take other action to obtain compliance.

(E)

The body's decision to revoke a variance or special exception is effective immediately.

Source: Sections 13-1-62 (a), (c), and (d); Ord. 990225-70; Ord. 031211-11.

The accountable official may immediately revoke a person's permit, license, released site plan, approved subdivision construction plan, certificate of occupancy, or right-of-way use permit that has been suspended if the accountable official determines that the person:

(1)

did not comply in a reasonable time with the requirements of this title for which the suspension was ordered; or

(2)

during the suspension, did not comply with other requirements of this title.

Source: Sections 13-1-63(a), 13-1-64(a) and (c), 13-1-65(a) and (c), 13-1-66(a) and (c); Ord. 990225-70; Ord. 031211-11.

(A)

An accountable official may give notice to the person affected of the official's intent to suspend or revoke a permit, license, released site plan, approved subdivision construction plan, certificate of occupancy, or right of way use permit under this division.

(B)

The notice may specify a reasonable time for compliance with this title. If a time for compliance is specified, the accountable official may not suspend or revoke before the time for compliance has expired.

Source: Section 13-1-61; Ord. 990225-70; Ord. 031211-11.

The accountable official shall give notice by certified mail, return receipt requested, under Section 25-1-132(B) (Notice Of Public Hearing) of a suspension or revocation by the official under this division.

Source: Sections 13-1-62(b) and (d), 13-1-63(b), 13-1-64(b), 13-1-65(b), and 13-1-66(b); Ord. 990225-70; Ord. 031211-11.

(A)

If the director determines that a person required to obtain a site plan, subdivision construction plan, or permit has not complied with a requirement of this title, the director may order the person to stop the development of or transportation of construction material to the site until the person complies with the requirements of this title.

(B)

While a stop work order is in effect:

(1)

a City inspection may not be performed, and work requiring an inspection may not be approved; and

(2)

a person may not connect a utility at the site.

(C)

If a stop work order is based on a failed inspection, a person may not further develop the site until the development passes a reinspection.

(D)

If a stop work order is based on a health or safety hazard, a person may not further develop the site until the director determines that the development complies with the requirements of this title.

(E)

If a stop work order is based on a violation of the requirements of this title for a right of way use permit, the order:

(1)

must state that no work may be performed at the site if traffic is obstructed, unless the person obtains a right-of-way use permit;

(2)

must state that noncompliance may result in the immediate removal of an obstruction from the right-of-way and the arrest of an equipment operator; and

(3)

shall require the immediate removal of an obstruction or traffic control device in the public right-of-way.

(F)

A City employee shall post a stop work order on the site and mail a copy of the order to the record owner.

Source: Sections 13-1-67(a), (b), (c), (e), (f), and (g); Ord. 990225-70; Ord. 031211-11.

(A)

If the building official determines that building service equipment regulated by the technical codes is hazardous to life, health, or property, the building official may order that the equipment be removed or restored to a safe condition.

(B)

A remove or restore order must be in writing, posted on the site, and state a deadline by which compliance must be achieved.

(C)

The building official shall mail a copy of the remove or restore order to the record owner.

(D)

A person may not use or maintain building service equipment after a remove or restore order is posted.

Source: Section 13-1-68; Ord. 990225-70; Ord. 031211-11.

Unless a person complies with the requirements of Chapter 14-11 (Use Of Right-Of-Way) for a right of way use permit, a police officer may order the person to immediately stop obstructing traffic and remove the obstruction from the public right-of-way. The police officer may:

(1)

impound a vehicle, machinery, or equipment;

(2)

order the driver to proceed to the Police Department;

(3)

remove a barricade or traffic diverting device;

(4)

issue a citation to a person who authorized or caused the violation; and

(5)

arrest a person who does not comply with the order.

Source: Section 13-1-66 (e); Ord. 990225-70; Ord. 031211-11.

(A)

A person may appeal a stop work order, remove or restore order, revocation, or suspension issued under this division by giving written notice to the accountable official not later than the third day after:

(1)

the stop work order or remove or restore order is posted; or

(2)

the person receives notice of the revocation or suspension.

(B)

The notice of appeal must contain:

(1)

the name and address of the appellant;

(2)

a statement of facts;

(3)

the decision being appealed; and

(4)

the reasons the decision should be set aside.

(C)

The accountable official shall hear the appeal not later than the third working day after the appeal is filed. The appellant, the appellant's expert, and the department may offer testimony to the accountable official.

(D)

The accountable official shall affirm or reverse the department's decision not later than the second working day after the hearing. The official shall give written notice of the decision and a statement of the reasons for the decision to the appellant.

(E)

The appellant may appeal the accountable official's decision to the Land Use Commission or appropriate technical board by giving written notice to the accountable official and the presiding officer of the Land Use Commission or appropriate technical board not later than the third working day after receiving notice of the decision. The notice of appeal must contain the information described in Subsection (B).

(F)

The Land Use Commission or appropriate technical board shall hear the appeal at the next regularly scheduled meeting following receipt of the notice of appeal. An appeal is automatically granted if the Land Use Commission or appropriate technical board does not hear the appeal before the 21st day following receipt of the notice of appeal.

(G)

A stop work order, remove or restore order, suspension, or revocation remains in effect during the pendency of an appeal under this section.

Source: Section 13-1-69; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

A person who violates a provision of this title commits a separate offense for each day the violation continues.

(B)

A person who violates this title commits a misdemeanor punishable by a fine not to exceed $2000.

(C)

A culpable mental state is not required, and need not be proved, for fines of $500 or less.

(D)

A person who violates Chapter 25-12 (Technical Codes) commits a misdemeanor punishable by a fine not to exceed $2000 and not less than:

(1)

$150 for a first conviction;

(2)

$250 for a second conviction; and

(3)

$500 for a third or subsequent conviction.

Source: Sections 13-1-60, 13-1-70, 13-1-71, and 13-1-72; Ord. 990225-70; Ord. 031211-11; Ord. No. 20140515-058, Pt. 1, 5-26-14.

(1)

In this article, "permit," "project," and "regulatory agency" have the meanings assigned to them by Chapter 245 of the Local Government Code.

(2)

TYPE 1 (CHAPTER 245) PETITION means a vested rights petition that alleges rights under Chapter 245 of the Local Government Code to develop property under ordinances, regulations, or rules other than those in effect on the date the permit application is submitted.

(3)

TYPE 2 (CONTINUING USE) PETITION means a vested rights petition that alleges rights under Section 43.002 of the Local Government Code to continue or begin a land use that was begun or planned prior to annexation of the land by the City of Austin.

(4)

VESTING DATE means the date on which a project accrued development rights under Chapter 245 or use rights under Section 43.002 of the Local Government Code.

(5)

VESTED RIGHTS means a right conferred by state law to develop property under ordinances, regulations, or rules other than those in effect on the date a permit application is submitted. The term includes development rights under Chapter 245 and use rights under Section 43.002 of the Local Government Code, but does not include a right existing under common law.

(6)

VESTED RIGHTS PETITION or PETITION means a petition requesting a determination of development rights under Chapter 245 or use rights under Section 43.002 of the Local Government Code.

Source: Ord. 20140612-084, Pt. 2, 6-23-14.

(A)

This article establishes requirements for determining whether a project is entitled to vested rights under Chapter 245 or Section 43.002 of the Local Government Code. To the extent a project is entitled to vested rights, as determined under this article, a permit necessary to initiate, continue, or complete the project may be exempt from current regulations.

(B)

The purpose of this article is to:

(1)

Establish a clear and consistent process for evaluating vested rights claims;

(2)

Ensure that vested rights determinations are based on accurate and complete information, including the nature and scope of the original project for which vested rights are asserted and actual development, if any, that has occurred over time; and

(3)

Recognize legitimate claims of vested rights under state law, while ensuring that new development complies to the greatest extent possible with current regulations.

(C)

The requirements of this article apply within the planning jurisdiction.

Source: Ord. 20140612-084, Pt. 2, 6-23-14.

A petition for vested rights that meets the requirements of Section 25-1-534 (Contents of Vested Rights Petition) must be submitted by a landowner or a landowner's agent in order to request that an application for a permit be reviewed under ordinances, regulations, or rules other than those in effect on the date the application is filed.

Source: Ord. 20140612-084, Pt. 2, 6-23-14.

(A)

Except as provided in Subsection (B) of this section, a petition for vested rights required by Section 25-1-533 (Vested Rights Petition Required) must be submitted on a form approved by the director and must include, at a minimum, the following information:

(1)

reference to one of the following applications, which must be submitted concurrent with the vested rights petition:

(a)

a permit application for development of the property; or

(b)

a development plan, on a form provided by the director, that establishes the nature of the permit sought, including the scope and intensity of proposed development and the type of land use, but need not include construction-level detail;

(2)

a summary of the basis on which the applicant claims vested rights;

(3)

the date on which the applicant claims that vested rights accrued and any permit or fair notice application that was submitted on that date; and

(4)

a complete chronological history of the project for which vested rights are claimed, including:

(a)

a list of permits for development of the property, along with supporting documents, that were issued or applied for after the date the applicant claims that vested rights accrued;

(b)

a description of any permitted or unpermitted development that occurred on the property after the date the applicant claims that vested rights accrued;

(c)

a description of existing development on the property, regardless of whether the development is permitted or unpermitted;

(d)

a list of all annexations and zoning changes affecting the property, if any;

(e)

any covenants, conditions, or restrictions recorded in the deed records for the property; and

(f)

if deemed relevant by the director, evidence regarding progress towards completion of the project under Section 25-1-554 (Dormant Projects).

(B)

The director may allow an applicant to omit information required under this section if, in the sole judgment of the director, an application is associated with a project for which vested rights have been conclusively established by a court order, or by a settlement agreement or project consent agreement approved by the city council.

Source: Ord. 20140612-084, Pt. 2, 6-23-14.

(A)

A fair notice application may be used in lieu of a permit application to establish vested rights for a new project.

(B)

The director shall adopt a Fair Notice (New Project) application, which may be used to establish a vesting date for a new project that is filed for review under current regulations and for which no prior permits have been sought. The application must include a proposed plan for development of the property, including the scope and intensity of development and the nature of the land use, but need not include construction-level detail.

(C)

Acceptance of a fair notice application does not authorize construction or have any effect other than that prescribed by this article.

Source: Ord. 20140612-084, Pt. 2, 6-23-14.

(A)

A vested rights petition and associated permit or Fair Notice (New Project) application are treated as a single application for purposes of completeness review and expiration under Section 25-1-82 (Non-Subdivision Application Requirements and Expiration). This subsection does not apply to a permit for a preliminary plan, plat, or subdivision construction plan.

(B)

A vested rights petition and permit for a preliminary plan, plat, or subdivision construction plan, are not treated as a single application for the purposes of completeness review and expiration under Section 25-1-83 (Subdivision Application Requirements and Expiration).

Source: Ord. 20140612-084, Pt. 2, 6-23-14; Ord. No. 20190822-117, Pt. 15, 9-1-19.

(A)

Not later than 10 working days after acceptance of a complete vested rights petition, the director shall review the petition under Section 25-1-542 (Criteria for Approval) and render a determination consistent with the requirements of this section.

(B)

In acting on a petition, the director may:

(1)

approve the petition and require the development applications necessary to initiate, continue, or complete the project to be reviewed in accordance with regulations in effect on the vesting date, except for those regulations exempt from vesting under state law;

(2)

deny the petition and require the development application associated with the project to be reviewed under current regulations of this title; or

(3)

approve the petition in part, as authorized by Subsection (C) of this section.

(C)

The director may approve a petition in part if a project is legally entitled to some, but not all, of the rights asserted in the petition, or if a change in the scale or intensity of development is necessary to maintain conformity with the original project. A vested rights determination may not waive or modify applicable regulations or provide relief not required by Chapter 245 or Section 43.002 of the Local Government Code.

(D)

The director shall provide a written determination to the applicant, which must state:

(1)

Whether the petition is approved or denied, in whole or in part, and the basis for the decision;

(2)

Findings of fact in support of the decision and information sufficient to identify the permit or fair notice application on which the petition is based; and

(3)

If the petition is approved:

(a)

a description of the project for which vested rights are recognized; and

(b)

a vesting date.

(E)

An applicant may request that the director reconsider a vested rights determination at any time before the application expires under Section 25-1-82 (Application Requirements and Expiration). The director's decision on a reconsideration request is final and not subject to further reconsideration.

(F)

A vested rights determination under this section does not affect the availability of a variance or other administrative remedy authorized by this title, but requesting a variance is not required to exhaust administrative remedies for purposes of challenging a determination by the director that a project is not entitled to vested rights.

(G)

The director shall make vested rights petitions submitted under Section 25-1-533 (Vested Rights Petition Required) and vested rights determinations issued under this section available on the City of Austin's website.

Source: Ord. 20140612-084, Pt. 2, 6-23-14.

(A)

The director shall review a Type 1 (Chapter 245) petition for vested rights under the criteria described in this subsection.

(1)

General Standard. A permit application is entitled to development rights under Chapter 245 of the Local Government Code if the permit is required to initiate, continue, or complete a project for which a prior application was submitted to the City of Austin. An application is not entitled to development rights if it is unrelated to or inconsistent with the original project or if the original project has been completed, changed, or expired.

(2)

Review Criteria. In determining whether a petition meets the standard for approval under this subsection, the director shall consider the following factors:

(a)

The nature and extent of proposed development shown on the prior permit or other application that initiated the project for which vested rights are claimed;

(b)

Whether the permit application submitted in connection with the vested rights petition is related to and consistent with the original project;

(c)

The nature and extent of prior development of the property, including any permitting or construction activity that occurred subsequent to the vesting date requested by the applicant;

(d)

Any prior vested rights determinations made for development of the property; and

(e)

Whether the project has expired in accordance with Division 3 (Expirations) of this article or other applicable regulations.

(B)

The director shall review a Type 2 (Continuing Use) petition for vested rights under the criteria described in this subsection.

(1)

General Standard. A permit application is entitled to use rights under Section 43.002 of the Local Government Code to the extent that current regulations would prohibit:

(a)

continuing to use the land in the manner in which it was being used on the date the annexation proceedings were instituted, if the land use was legal at that time; or

(b)

beginning to use land in the manner that was planned before the 90 ^th day before the effective date of the annexation if:

(i)

one or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned land use; and

(ii)

a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted.

(2)

Review Criteria. In determining whether a petition meets the standard for approval under this subsection, the director shall consider the nature and extent of development that:

(a)

occurred on the property prior to initiation of annexation proceedings, including photographs or other evidence substantiating the use; or

(b)

was proposed in one or more required applications submitted to a governmental entity.

(3)

Date of Annexation. For purposes of this subsection, annexation proceedings are deemed to have been instituted on the date of the first public hearing before the city council on the annexation ordinance for the property.

(C)

The criteria in this section are intended to assist the director in reviewing Type 1 (Chapter 245) and Type 2 (Continuing Use) petitions for vested rights, but do not limit the director from considering other factors relevant to the determination of rights for a particular project. The director may consider whether a project is entitled to common law vested rights if the project is not subject to Chapter 245 or Section 43.002 of the Local Government Code.

Source: Ord. 20140612-084, Pt. 2, 6-23-14.

If the director approves a vested rights petition, any permit required to initiate, continue, or complete the project shall be entitled to the development or continuing use rights recognized by the vested rights determination, unless the project expires under Division 3 (Expirations) of this article or other applicable regulations.

Source: Ord. 20140612-084, Pt. 2, 6-23-14.

(A)

This section provides a voluntary mechanism for determining applicable regulations where the extent of a project's vested rights are unclear and for incentivizing projects with clearly established vested rights to achieve greater compliance with current regulations.

(B)

An applicant may submit a request for a project consent agreement to the director, in writing, after the director issues a vested rights determination under Section 25-1-541 (Vested Rights Determination) and before the application expires under Section 25-1-82 (Application Requirements and Expiration). The request must identify:

(1)

current regulations for which compliance would be required, other than regulations exempt from vested rights protections under state law;

(2)

additional restrictions on the nature and intensity of the proposed development; and

(3)

any modifications or waivers requested as a condition to the agreement, including but not limited to provisions for the transfer or averaging of impervious cover to include additional property or changes to the original project that increase compatibility with adjacent land uses.

(C)

The director may recommend a project consent agreement for approval to the city council if the director finds that the agreement achieves a greater degree of environmental protection and compatibility with adjacent land uses than would occur if a project developed to the full extent of vested rights that have been verified or are reasonably likely to exist for the project.

(D)

In making a determination under Subsection (C) of this section, the director shall consider:

(1)

the degree to which vested rights for the project have been established;

(2)

the importance of particular regulations to achieving adopted planning goals or policies for the area in which the project is located; and

(3)

a recommendation from the environmental officer regarding the environmental benefits of the proposed agreement, if vested rights from the regulations of Chapter 25-8 (Environment) are asserted for the project.

(E)

The city council may consider approval of a project consent agreement under this section only if the agreement is recommended by the director or initiated by the city council. Before the council acts on a consent agreement, the director shall seek a recommendation from the Environmental Board and the Land Use Commission, and the council shall hold a public hearing. The director shall provide notice of the hearing under Section 25-1-132(B) (Notice of Public Hearing).

(F)

In acting on a project consent agreement, the city council may approve, deny, or modify the agreement based on the standard applicable to the director's review under Subsections (C) and (D) of this section. A project consent agreement may waive or modify site development regulations applicable to a project as deemed appropriate by the city council.

(G)

A project consent agreement for a project located in the extraterritorial jurisdiction may include a development agreement as authorized under Section 212.172 of the Local Government Code. The director shall review a proposed development agreement concurrent with an application for a project consent agreement, but council may consider the agreements separately or as a single agreement.

(H)

A project consent agreement is subject to the expiration requirements specified in this subsection.

(1)

A project consent agreement approved by the city council expires on the 90 ^th day after approval, unless the applicant has submitted a complete site plan application for review by the director under the terms of the agreement.

(2)

Following submittal of a site plan application, a project consent agreement expires if:

(a)

the site plan application expires under Section 25-1-82 (Application Requirements and Expiration); or

(b)

the site plan expires under Section 25-5-81 (Site Plan Expiration).

(3)

In approving a project consent agreement, the city council may extend the expiration periods established under this subsection.

Source: Ord. 20140612-084, Pt. 2, 6-23-14.

(A)

The director may adopt guidelines to assist in reviewing applications under Section 25-1-533 (Vested Rights Petition Required), Section 25-1-544 (Project Consent Agreements), and Section 25-1-553 (Managed Growth Agreements).

(B)

Guidelines adopted under this section for review of vested rights petitions may be used to help address common questions that arise in determining vested rights, including but not limited to:

(a)

whether a permit application is required to continue, complete, or initiate the project for which vested rights are claimed;

(b)

whether the project for which vested rights are claimed has been completed, changed, or expired; and

(c)

whether progress towards completion of a project has been made under Section 25-1-554 (Dormant Projects).

(C)

Guidelines adopted under this section shall be posted on the department's website and made available to the public, but need not be adopted by administrative rule under Section 1-2 (Adoption of Rules).

Source: Ord. 20140612-084, Pt. 2, 6-23-14.

(A)

During the timeframes established under this division, a vested rights determination for a project approved under Section 25-1-541 (Vested Rights Determination) applies to any permit application required to initiate, continue, or complete the project.

(B)

If the vesting date approved for a project under Section 25-1-541 (Vested Rights Determination) is based on a permit application that is submitted on or after June 23, 2014, the project is subject to the expiration periods specified in Section 25-1-552 (Expiration of Projects Begun On or After June 23, 2014).

(C)

If all permits for a project expire, the project expires.

(D)

A permit application submitted after a project expires constitutes a new project and is subject to the current regulations of this title, except that:

(1)

if a site plan associated with a project remains active at the time the project expires, the vested rights determination for the project applies to any application for a building permit necessary to complete construction of the site plan for as long as the site plan remains active; and

(2)

an application to extend a site plan associated with a project may be approved in accordance with Section 25-5-62 (Extensions of Released Site Plan by Director).

(E)

The expiration of a project associated with a preliminary plan or a final plat does not affect the validity of a platted lot under this title.

Source: Ord. 20140612-084, Pt. 2, 6-23-14.

(A)

The project expiration period established by this section applies if the vesting date approved for a project under Section 25-1-541 (Vested Rights Determination) is based on a permit application that is submitted on or after June 23, 2014.

(B)

Except as provided in Subsection (C) of this section or in Section 25-1-551 (Expirations Generally), a project expires nine years after the vesting date approved for the project under Section 25-1-541 (Vested Rights Determination).

(C)

If the vesting date approved for a project under Section 25-1-541 (Vested Rights Determination) is based on a fair notice application (new project) submitted under Section 25-1-535 (Fair Notice Application):

(1)

the project expires one year after the date the application was submitted; or

(2)

if a permit application is submitted before the fair notice application expires, the project expires on the date applicable to the permit under this section, except that the project expiration period shall be deemed to run from the date of the fair notice application.

Source: Ord. 20140612-084, Pt. 2, 6-23-14.

(A)

This section provides a voluntary mechanism to request longer project expiration periods than those established under Section 25-1-552 (Expiration of Projects Begun On or After June 23, 2014) for large-scale projects or projects located within a planned development center.

(B)

To be accepted for review, an application for a proposed managed growth agreement must include all information required by the director, including a proposed expiration date, and must meet the requirements of this subsection.

(1)

An application for a managed growth agreement may be submitted concurrent with the first permit application, or before the review period expires, if the project associated with the proposed agreement:

(a)

is filed for review under current regulations;

(b)

does not require a variance approved by the Land Use Commission or Board of Adjustment, unless the project is limited to residential uses that do not require a site plan under Section 25-5-2 (Exemptions);

(c)

includes only property located within the zoning jurisdiction, outside of the Barton Springs Zone; and

(d)

includes at least 10 acres of land.

(2)

An application for a managed growth agreement may be submitted after approval of the first permit application, but no later than one year before the project expires, if the project associated with the proposed agreement:

(a)

complies with the regulations in effect on the date the application for a managed growth agreement was submitted or, in extraordinary circumstances, includes community benefits or superior development features that mitigate noncompliance with current regulations;

(b)

does not require a variance approved by the Land Use Commission or Board of Adjustment, unless the project is limited to residential uses that do not require a site plan under Section 25-5-2 (Exemptions);

(c)

includes only property located within the zoning jurisdiction, outside of the Barton Springs Zone; and

(d)

does not impede or delay official City of Austin economic development or sustainability initiatives.

(C)

If an application meets the requirements in Subsection (B) of this section, the director shall:

(1)

schedule a public hearing on the proposed agreement and provide notice of the hearing under Section 25-1-132(B) (Notice of Public Hearing); and

(2)

make a recommendation to approve or deny the agreement based on whether the project:

(a)

requires a longer period of time to construct than the timeframes established under Section 25-1-552 (Expiration of Projects Begun On or After June 23, 2014);

(b)

furthers the goals and policies of the Imagine Austin Comprehensive Plan; and

(c)

is environmentally superior to the minimum standards applicable to the project under Chapter 25-8 (Environment), as determined based on a recommendation from the environmental officer.

(D)

The city council may approve or deny a proposed managed growth agreement based on the criteria in Subsection (C) of this section and may establish whatever expiration period the council deems appropriate, but may not waive or modify current regulations applicable to the project.

(E)

If a managed growth agreement is approved under this section, the director shall treat the project as vested to the regulations in effect on the date of the first application until the date the agreement expires.

Source: Ord. 20140612-084, Pt. 2, 6-23-14.

(A)

This section is adopted under Section 245.005 of the Local Government Code to provide expiration dates for permits that lack an expiration date under applicable regulations. This section does not apply to a permit that is subject to an expiration date under the regulations applicable to the permit. For purposes of this section, a permit that is not subject to an expiration date is an "unexpired permit."

(B)

If an unexpired permit was approved prior to May 11, 2000, then the permit expired on May 11, 2004, unless the applicant submits evidence sufficient to show that progress towards completion of the project was made under Subsection (D) of this section prior to May 11, 2000.

(C)

If an application for an unexpired permit was submitted after September 5, 2005, then the permit expires five years after the permit was approved unless the applicant submits evidence sufficient to show that progress towards completion of the project was made prior to that date under Subsection (D) of this section.

(D)

For purposes of this section, progress towards completion of a project includes any one of the following:

(1)

an application for a final plat or plan is submitted to a regulatory agency;

(2)

a good-faith attempt is made to file with a regulatory agency an application for a permit necessary to begin or continue towards completion of the project;

(3)

costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located;

(4)

fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or

(5)

utility connection fees or impact fees for the project have been paid to a regulatory agency.

(E)

If the first permit in a series of permits for a project expires based on dormancy of the project, then it cannot form the basis of a vested rights petition.

Source: Ord. 20140612-084, Pt. 2, 6-23-14.

In this article:

(1)

DIRECTOR means the director of the City's Housing Department.

(2)

HIGH OPPORTUNITY AREA means an area that provides certain conditions that places individuals in a position to be more likely to succeed or excel. This area must include one or more of the following conditions:

(a)

racial and economic integration;

(b)

access to employment;

(c)

high performing schools;

(d)

access to fresh and healthy foods;

(e)

low levels of poverty;

(f)

low crime rate;

(g)

access to parks;

(h)

minimal environmental hazards; or

(i)

is identified in the Imagine Austin Plan as a center.

(3)

HOUSING COSTS means:

(a)

for an owner-occupied dwelling unit, the average monthly cost for mortgage, utilities, and, if applicable, condominium dues; or

(b)

for a dwelling unit for lease, the average monthly cost for rent and utilities.

(4)

MEDIAN FAMILY INCOME means the median family income for the Austin statistical metropolitan area as determined by the director of the City's Neighborhood Housing and Community Development Department.

(5)

TENANT means any person who occupies a residential unit primarily for living or dwelling purposes under a rental agreement or lease, including those persons who are considered to be tenants under Section 92.001 or 94.001 of the Texas Property Code. For purposes of this article, "tenant" does not include owner of a dwelling unit or mobile home lot, or members of the owner's immediate family.

Source: Ord. 20071129-100; Ord. No. 20141106-124, Pt. 1, 11-17-14; Ord. No. 20160901-050, Pt. 3, 9-12-16; Ord. No. 20230831-103, Pt. 2, 9-11-23; Ord. No. 20250522-063, Pt. 1, 6-2-25.

(A)

The director administers, implements, and enforces the S.M.A.R.T. Housing program.

(B)

The director is authorized to adopt, administer, and implement program guidelines and establish requirements for an application under the program.

Source: Ord. 20071129-100; Ord. No. 20141106-124, Pt. 2, 11-17-14; Ord. No. 20250522-063, Pt. 2, 6-2-25.

(A)

S.M.A.R.T. Housing is housing that is safe, mixed-income, accessible, reasonably priced, transit-oriented, and compliant with the City's Green Building Standards.

(B)

S.M.A.R.T. Housing must:

(1)

be safe by providing housing that complies with Title 25 of the City Code (Land Development);

(2)

provide mixed-income housing by including dwelling units that are reasonably-priced, as described in Subsections (C) and (D);

(3)

provide for accessibility by:

(a)

including dwelling units that comply with the accessibility requirements of the Building Code in:

(1)

each building with four or more dwelling units; and

(2)

at least 10 percent of the dwelling units in each development; or

(b)

for a development with three or fewer dwelling units, complying with the design and construction requirements of Chapter 5-1, Article 3, Division 2 (Design and Construction Requirements); and

(4)

except as provided in Subsection (E), be located within one-half mile walking distance of a local public transit route at time of application; and

(5)

achieve at least a one star rating under the Austin Green Building program.

(C)

A reasonably-priced dwelling unit is one that is affordable for purchase or rental by a household that meets the housing costs and income qualifications of this subsection.

(1)

This paragraph provides qualifications on the amount of household income spent on housing costs.

(a)

Except as provided by Subparagraphs (b) and (c), housing costs of a household may not exceed 30 percent of its gross income.

(b)

A household may spend up to 35 percent of its gross income on housing costs if a household member receives City-approved homebuyer counseling.

(c)

A household that complies with other federal, state, or local income eligibility standards is not subject to the expenditure qualifications of Paragraphs (a) and (b).

(2)

This paragraph provides qualifications on household income.

(a)

If an applicant develops dwelling units for sale, reasonably-priced dwelling units must serve households whose incomes average 80 percent of the median family income or below.

(b)

If an applicant develops dwelling units for lease, reasonably-priced dwelling units must serve households whose incomes average 60 percent of the median family income or below.

(D)

The director may waive the transit-oriented requirement in (B)(4) if the project meets one of the following criteria:

(1)

the project will be located in a high opportunity area as identified by the director and established in the program guidelines;

(2)

the application includes a letter from Capital Metropolitan Transportation Authority that confirms a future route is documented in agency plans;

(3)

developer applies for State or Federal Government funds, including the Low Income Housing Tax Credit Program, related to this project; or

(4)

project affirmatively furthers fair housing as determined by the Director and in consideration of the City's Analysis of Impediments.

Source: Ord. 20071129-100; Ord. No. 20141106-124, Pt. 3, 11-17-14; Ord. No. 20250522-063, Pt. 3, 6-2-25.

(A)

The city manager may, in accordance with the director's determination under Subsection (B), waive all or a portion of fees described in the City's annual fee ordinance for a S.M.A.R.T. housing development.

(B)

A developer is eligible for a waiver of the fees if the director determines that the S.M.A.R.T. housing development provides the percentage of reasonably priced dwelling units prescribed by this subsection.

(1)

If at least ten percent of the dwelling units are reasonably priced, the development is eligible for a waiver of 25 percent of the fees.

(2)

If at least 20 percent of the dwelling units are reasonably priced, the development is eligible for a waiver of 50 percent of the fees.

(3)

If at least 30 percent of the dwelling units are reasonably priced, the development is eligible for a waiver of 75 percent of the fees.

(4)

If at least 40 percent of the dwelling units are reasonably priced, the development is eligible for a waiver of 100 percent of the fees.

Source: Ord. 20071129-100; Ord. No. 20200220-056, Pt. 1, 3-2-20; Ord. No. 20240201-053, Pt. 1, 2-12-24; Ord. No. 20250522-063, Pt. 4, 6-2-25.

(A)

To be eligible for the S.M.A.R.T. Housing program, unless a longer term is required by law, private agreement, or another provision of this Code, all reasonably priced dwelling units in a S.M.A.R.T. Housing development must remain reasonably priced for the following affordability periods commencing on the date of initial occupancy:

(1)

if the unit is owner-occupied, a period of at least one year, or if the owner is receiving federal housing assistance, a period of at least five years; or

(2)

if the unit is a rental unit, a period of at least five years.

(B)

If a reasonably-priced dwelling unit within a S.M.A.R.T. Housing development is converted from a rental unit to an owner- occupied dwelling unit during the applicable affordability period, the dwelling unit shall be subject to the affordability period applicable to an owner-occupied dwelling unit, and the new affordability period begins on the date that the converted dwelling unit is available for owner occupancy.

(C)

If the development does not comply with the requirement to maintain the applicable percentage of dwelling units as reasonably- priced for the duration of the applicable affordability period, the developer shall reimburse the City for all fees.

(D)

Before the director may certify, the applicant shall comply with Section 4-18-25(Certification) except that the agreement must, at a minimum, include:

(1)

terms that require a defaulting applicant to pay the otherwise applicable fees;

(2)

liquidated damages in an amount up to twice the amount of fees waived, being such an amount that will fairly compensate the City for administrative costs incurred; and

(3)

liquidated damages that will fairly compensate the City for any breach that results in the loss of reasonably-priced dwelling units during the affordability period.

Source: Ord. 20071129-100; Ord. No. 20250522-063, Pt. 5, 6-2-25.

(A)

The requirements of this division seek to mitigate, through notification requirements and relocation assistance, the impacts of tenant displacement resulting from multi-family redevelopment and the demolition or change in use of multi-family properties and mobile home parks. This division does not regulate or affect the landlord-tenant relationship.

(B)

Except where otherwise provided, the requirements of this division do not apply to any dwelling unit:

(1)

demolished or vacated because of damage caused by the tenant or by other events beyond the owner's control, including fire, civil commotion, malicious mischief, vandalism, tenant waste, natural disaster or other destruction;

(2)

owned by a public housing agency;

(3)

located inside the boundaries of an educational institution that is occupied by students, faculty, or staff of the institution;

(4)

for which relocation assistance is required to be paid to the tenants under federal or state law; or

(5)

that is operated as emergency or temporary shelter for homeless persons and owned or administered by a nonprofit organization or public agency.

(C)

In this division,

(1)

MOBILE HOME PARK means a site containing five or more structures that:

(a)

are transportable in one or more sections;

(b)

in travelling mode, are at least 8 feet in width or 40 feet in length or, when erected onsite, are 320 square feet or more in area;

(c)

are built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation; and

(d)

includes plumbing, heating, air-conditioning, and electrical systems; or

(e)

satisfies all criteria other than the size requirements in Paragraph (1)(b).

(2)

MULTI-FAMILY PROPERTY means a property that includes at least five residential units;

(3)

MULTI-FAMILY REDEVELOPMENT means the demolition, alteration, repair, partial demolition, redevelopment, rezoning, or change in use of a multi-family property, or any portion of a multi-family property, or a mobile home park;

(4)

TENANT DISPLACEMENT means any condition that requires a tenant to vacate a multi-family building or mobile home park due to multi-family redevelopment, where a tenant will not be relocated to another comparably sized unit within the same building or site; and

(5)

UNPERMITTED REDEVELOPMENT means multi-family redevelopment that occurs without the appropriate approval under this title.

Source: 20160901-050, Pt. 4, 9-12-16; Ord. No. 20230831-103, Pt. 3, 9-11-23.

(A)

The requirements of this section apply to:

(1)

an application to:

(a)

demolish, alter, or repair the interior or exterior of one or more residential units at a multi-family property that would result in the displacement of one or more tenants, including a demolition permit or a building permit;

(b)

approve a site plan or change of use permit for an existing mobile home park; or

(c)

rezone a property within the Mobile Home Residence (MH) District designation that contains an existing mobile home park; or

(2)

unpermitted redevelopment that results in displacement of one or more tenants either before or after unpermitted redevelopment occurs.

(B)

Notification Timelines.

(1)

an applicant must provide tenant notification prior to submittal of the application in accordance with the timelines established under this subsection.

(2)

to demonstrate that required notification was provided prior to submittal of an application, the applicant must include a certified statement, on a form approved by the director, confirming that all tenants received notification required under this section within the following timeframes:

(a)

for a multi-family property, at least 120 days prior to the date application for a building permit or a demolition permit was submitted; or

(b)

for a mobile home park, at least 270 days prior to the date the application for a rezone, site plan, or change of use permit was submitted.

(C)

The notification required by this section must be on a form approved by the director and must:

(1)

be delivered:

(a)

by the applicant or the applicant's representative, or by registered or certified mail, with return receipt requested;

(b)

to all units:

(i)

proposed for demolition in a multi-family property under a permit application for which notice is required under Subsection (A)(1)(a) of this section; or

(ii)

located in a mobile home park included in a rezone, change of use, or site plan application for which notice is required under Subsections (A)(1)(b), (c) of this section; or

(c)

in a manner authorized by the director; and

(2)

include the following information, in English, Spanish, and such other language as may be required by the director:

(a)

the applicant's name and contact information;

(b)

a description of the development application for which notification is required under Subsection (A) of this section;

(c)

a statement that the application may be reviewed on or after the 120th or 270th day, whichever applies, following receipt of the notice and may result in displacement of tenants;

(d)

a description of any tenant relocation assistance that may be available under Section 25-1-714 (Tenant Relocation Program), including income eligibility requirements and forms for requesting assistance;

(e)

information regarding applicable school district policies relating to district residency requirements;

(f)

information regarding the requirements of state law for return of security deposits;

(g)

information regarding the availability of fee waivers from Austin Energy for obtaining utility service at a new residence where relocation is required due to displacement;

(h)

other information as may be required by the director, including programs and services to assistant displaced tenants; and

(3)

be on a form provided by the director, which shall be uniform for all applicants except that the director may require an additional language as provided under Paragraph (2).

(D)

If an applicant requests an extension of a permit for which notification under this section is required, the applicant must provide renotification to tenants consistent with the requirements for a new application.

(E)

A landowner or landowner's agent must provide notification that complies with Subsection (C) prior to unpermitted redevelopment. In this subsection, prior to unpermitted redevelopment means:

(1)

for a multi-family property, at least 120 days before unpermitted redevelopment begins; and

(2)

for a mobile home park, at least 270 days before unpermitted redevelopment begins.

Source: 20160901-050, Pt. 4, 9-12-16; Ord. No. 20220421-058, Pt. 2, 4-21-22; Ord. No. 20230831-103, Pt. 3, 9-11-23.

(A)

At the time that notification is provided under Section 25-1-712 (Tenant Notification Required), the owner or operator of a multi-family property or mobile home park must post one or more signs in accordance with this section.

(B)

The sign must be on a form approved by the director and must:

(1)

describe the application for which notification is required under Section 25-1-712 (Tenant Notification) and state that any new or existing tenants may be required to relocate from the property as a result of proposed demolition or redevelopment; and

(2)

to the greatest extent feasible:

(a)

for a mobile home park, be posted at the main entrance in a location visible to the public from the adjacent public right-of-way or private drive; or

(b)

for a multi-family property, be posted at the front of the leasing office or other primary building entrance as determined by the director.

(C)

A sign required to be posted under this section must remain on the property until:

(1)

for a multi-family property, the date that demolition, alteration, or repair activity begins; and

(2)

for a mobile home park, the earlier of:

(a)

the date that the property ceases to be used as a mobile home park; or

(b)

if applicable, the date that the site plan approval or change of use permit expires; and

(3)

the date that unpermitted redevelopment ends.

(D)

If a landowner or a landowner's agent rents a unit to a new tenant following application for a permit requiring notice under Section 25-1-712 (Tenant Notification Required), the landowner or landowner's agent must provide the tenant with notification that includes the information required under Section 25-1-712(C) (Tenant Notification Required).

Source: 20160901-050, Pt. 4, 9-12-16; Ord. No. 20230831-103, Pt. 3, 9-11-23.

(A)

The director shall adopt a tenant relocation program by administrative rule for the purpose of mitigating the impacts of tenant displacement resulting from multifamily redevelopment within the City of Austin.

(B)

The tenant relocation program must, at a minimum, include each of the elements described in this subsection.

(1)

Tenant Relocation Fee. The program must include a methodology to be used by the director in recommending to the city council the amount of the fee required under Section 25-1-715 (Tenant Relocation Assistance—Developer Funded). The methodology shall include a nexus study that accounts for the impacts of displacement to tenant communities directly affected by multifamily redevelopment and to the community as a whole. The fee shall be consistently calculated and uniformly applied, but may vary based on number of units, bedrooms, and other objective criteria identified by the nexus study.

(2)

Eligibility for Tenant Relocation Assistance. The program shall establish eligibility requirements that a tenant must meet in order to receive tenant relocation assistance under Section 25-1-715 (Tenant Relocation Assistance—Developer Funded) or Section 25-1-716 (Tenant Relocation Assistance—City Funded). At a minimum, the eligibility requirements must:

(a)

require that a tenant:

(i)

have a household income at or below 70% of median family income or, for residents of a mobile home park, 80% of median family income; and

(ii)

submit a claim form documenting income eligibility no later than the deadline established by the director; and

(b)

allow a tenant who resided at a property where multi-family redevelopment occurred if the tenant resided at the property:

(i)

for a multi-family property, 120 days before multi-family redevelopment begins; or

(ii)

for a mobile home park, 270 days before multi-family redevelopment begins; and

(c)

prohibit participation by tenants of multi-family redevelopment that is exempt from this division under Section 25-1-711 (Purpose, Applicability, Exemptions, and Definitions), except that the director may allow use of funds under Section 25-1-716 (Tenant Relocation Assistance—City Funded) to provide relocation assistance for tenant displacement resulting from fire, civil commotion, malicious mischief, vandalism, natural disaster, or other destruction beyond the control of the owner or tenant.

(3)

Use of Tenant Relocation Assistance. The program must specify the types of expenses for which tenant relocation assistance may be provided. Eligible expenses paid using funds collected under Section 25-1-715 (Tenant Relocation Assistance—Developer Funded) must be reasonably attributable to tenant displacement based on the nexus study required under Paragraph (C)(1).

(4)

Refund Procedures. The program shall establish procedures by which an applicant who paid a tenant relocation fee under Section 25-1-715 (Tenant Relocation Assistance—Developer Funded) may request a refund of any fees not spent for an authorized purpose within ten years after approval of an application for which notification is required under Section 25-1-712 (Tenant Notification Required).

(C)

The director may include additional elements in the tenant relocation program, including but not limited to notification forms and other documents required under Section 25-1-712 (Tenant Notification Required) and Section 25-1-713 (Additional Notice Requirements).

Source: 20160901-050, Pt. 4, 9-12-16; Ord. No. 20230831-103, Pt. 3, 9-11-23.

(A)

An applicant for multi-family redevelopment must pay a tenant relocation fee established by separate ordinance as a condition to approval of:

(1)

a planned unit development (PUD) zoning district, as required under Section 2.3.2 (Additional Requirements) of City Code Chapter 25-2, Subchapter B, Article 2, Division 5 (Planned Unit Developments); or

(2)

a rezone or other discretionary land use approval that requires approval by the city council and is reasonably likely to result in tenant displacement, unless waived by the city council.

(B)

The director shall deposit a fee imposed under this section into the Developer Fund for Tenant Relocation Assistance, which is established under this section. The director shall use the fund to provide tenant relocation assistance to eligible tenants at the development or site for which the payment was made, consistent with requirements adopted under Section 25-1-714 (Tenant Relocation Program).

Source: 20160901-050, Pt. 4, 9-12-16.

(A)

The City of Austin Tenant Relocation Fund is established for use in providing relocation assistance to tenants displaced by multi-family redevelopment.

(B)

The director shall administer the fund consistently with guidelines established under Section 25-1-714 (Tenant Relocation Program) and may use the fund to provide relocation assistance to any tenant displaced due to:

(1)

development activity for which notification was required under Section 25-1-712 (Tenant Relocation Required), whether or not the applicant was required to pay a fee under Section 25-1-715 (Tenant Relocation Assistance—Developer Funded);

(2)

emergency orders to vacate based on health and safety concerns;

(3)

fire, civil commotion, malicious mischief, vandalism, natural disaster, or other destruction beyond the control of the owner or tenant; or

(4)

major repairs or renovations of multifamily buildings.

Source: 20160901-050, Pt. 4, 9-12-16.

(A)

A person commits an offense if the person fails to deliver the notification required under Section 25-1-712 (Tenant Notification Required) to one or more units within a multi-family property or mobile home park. A person commits a separate offense for each day the person fails to deliver required notification to an individual unit within a multi-family property or mobile home park for which notification is required.

(B)

A person commits an offense if the person fails to post the notification required under Section 25-1-713 (Additional Notification Requirements). A person commits a separate offense for each day the person fails to post the required notification.

(C)

Each offense is punishable by a fine not to exceed $500 and requires proof of a culpable mental state.

Source: 20160901-050, Pt. 4, 9-12-16; Ord. No. 20230831-103, Pt. 3, 9-11-23.

(A)

The purpose of this division is to establish a voluntary affordable housing bonus program that allows for increased density for residential dwelling units.

(B)

This division applies within the zoning jurisdiction.

(C)

This division may be cited as "Affordability Unlocked Bonus Program".

(D)

The director may adopt, implement, and enforce:

(1)

program guidelines; and

(2)

administrative rules in accordance with Chapter 1-2 (Administrative Rules).

(E)

A provision of this title that is specifically applicable to a qualifying development governs over a conflicting provision of this title.

Source: 20190509-027, Pt. 2, 5-20-19.

In this division,

(1)

GOVERNMENT-OPERATED AFFORDABLE HOUSING PROGRAM means a program operated by a federal, state, or local department that provides financial or other form of subsidy for the purpose of providing affordable housing.

(2)

HOUSING FOR OLDER PERSONS means housing for households with at least one individual who is at least 62 years of age at the time of initial occupancy.

(3)

MFI means median family income for the Austin metropolitan statistical area.

(4)

QUALIFYING DEVELOPMENT means a development certified under Section 25-1-724 (Certification) and participating in the Affordability Unlocked Bonus Program.

(5)

SLEEPING UNIT means a bedroom in a structure that serves as a dwelling unit for seven or more unrelated individuals who share amenities, such as a kitchen, bathrooms, or living areas.

(6)

SUPPORTIVE HOUSING means housing that includes non-time-limited affordable housing assistance with wrap-around supportive services for individuals experiencing homelessness, as well as other individuals with disabilities.

(A)

A proposed development qualifies as a Type I development and is eligible for this program if:

(1)

it includes:

(a)

a minimum of three dwelling units,

(b)

only affordable dwelling units; or

(c)

one or more structures that serve as a dwelling unit for seven or more unrelated individuals who share amenities, such as a kitchen, bathrooms, or living areas;

(2)

at least 25 percent of the affordable dwelling units include two or more bedrooms, supportive housing, housing for older persons, or any combination of the three;

(3)

not more than 25 percent of the proposed development's gross floor area is for commercial uses;

(4)

it is new construction, it is redevelopment of a site without existing multi-family structures, or the existing development on the site complies with the requirements in Subsection (D); and

(5)

it meets the requirements set forth in Section 25-1-723 (Affordability Requirements).

(B)

Except for a proposed development participating in a government-operated affordable housing program with stricter requirements, the applicant for a proposed rental development:

(1)

shall incorporate lease provisions that are consistent with:

(a)

the U.S. Department of Housing and Urban Development (HUD) Section 8 Tenant-Based Assistance Housing Choice Voucher (HCV) Program related to the termination of tenancy by owner;

(b)

any lease addendum required as a condition to receive city or Austin Housing Finance Corporation (AHFC) funds; and

(c)

24 C.F.R. § 245.100 related to a tenant's right to organize; and

(2)

may not discriminate on the basis of an individual 's source of income as defined in Section 5-1-13 (Definitions).

(C)

A proposed development qualifies as a Type 2 development and is eligible for additional bonuses if it meets the standards imposed in Subsections (A) and (B) plus one or more of the following:

(1)

at least 50 percent of the affordable dwelling units include two or more bedrooms;

(2)

for a rental development:

(a)

at least 75 percent of the total units or sleeping units serve households whose incomes average 60 percent MFI or below, rounded up to the nearest unit or sleeping unit; or

(b)

at least 10 percent of the affordable units or sleeping units serve households with incomes of 30 percent MFI or below, rounded up to the nearest unit or sleeping unit; or

(3)

for an owner-occupied development, at least 75 percent of the owner-occupied dwelling units or sleeping units serve households whose incomes average 80 percent MFI or below; or

(4)

is located within ¼ mile of an activity corridor designated in the Imagine Austin Comprehensive Plan and is served by a bus or transit line.

(D)

A proposed development that will require the applicant to redevelop or rebuild an existing multi-family structure is eligible for this program if:

(1)

the proposed development meets the standards imposed in Subsections (A) and (B);

(2)

the existing multi-family structure requires extensive repairs and for which rehabilitation costs will exceed 50 percent of the market value, as determined by the building official;

(3)

the proposed development will replace all existing units that were affordable to a household earning 80 percent MFI or below in the previous year and have at least as many bedrooms;

(4)

the applicant provides current tenants with:

(a)

notice and information about the proposed development on a form approved by the director; and

(b)

relocation benefits that are consistent with Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.A. 4601, et seq.; and

(5)

the applicant grants current tenants the option to lease a unit of comparable affordability and size following completion of redevelopment.

Source: 20190509-027, Pt. 2, 5-20-19.

(A)

An applicant complies with the requirements in this section if the applicant participates in a government-operated affordable housing program that imposes, at a minimum, the same affordability requirements.

(B)

A rental development must comply with at least the following:

(1)

at least 50 percent of the total units or sleeping units serve households whose incomes average 60 percent MFI or below; and

(2)

at least 20 percent of the total units or sleeping units serve households with incomes of 50 percent MFI or below.

(C)

Except for a Type 2 owner-occupied development that complies with the requirements in Section 25-1-722(C)(3), at least 50 percent of the owner-occupied dwelling units or sleeping units must serve households whose incomes average 80 percent MFI or below.

(D)

If the number of units required in this section include less than a whole unit, the unit number is rounded up to the nearest whole unit.

(E)

The minimum affordability period for a rental development is the greater of the affordability period required for development receiving city or Austin Housing Finance Corporation (AHFC) funds or 40 years following the issuance of the last certificate of occupancy required for the qualifying development.

(F)

The minimum affordability period for an owner-occupied dwelling unit is 99 years following the issuance of a certificate of occupancy for the owner-occupied dwelling unit.

(G)

In a multi-phased qualifying development, the director may begin the minimum affordability period upon the issuance of the last certificate of occupancy for each phase.

Source: 20190509-027, Pt. 2, 5-20-19.

(A)

If the director certifies that a proposed development meets the requirements of this division, the accountable official is authorized to process a development application as a qualifying development.

(B)

Before the director may certify that a proposed development meets the requirements of this division, the applicant shall execute:

(1)

an agreement to preserve the minimum affordability period and related requirements imposed by this division; and

(2)

a document for recording in the real property records that provides notice of or preserves the minimum affordability requirements imposed by this division.

(C)

The form of the documents described in Subsection (B) must be approved by the city attorney.

(D)

The director may certify an applicant who complies with the requirements in Subsection (B) because the applicant participates in a government-operated affordable housing program that imposes, at a minimum, the same affordability requirements.

Source: 20190509-027, Pt. 2, 5-20-19.

(A)

For a rental development, the property owner or the property owner's agent shall provide the director with information that allows the director to verify compliance with the affordability requirements. The information shall be provided on an annual basis and on a form approved by the director.

(B)

If, for any reason, the director is unable to confirm that the affordability requirements were met during any 12-month period, the preceding 12 months may not be used to satisfy the minimum affordability requirements in Section 25-1-723 (Affordability Requirements).

(C)

An applicant complies with the requirements in this section if the applicant complies with monitoring and income verification requirements that are imposed and enforced as part of a government-operated affordable housing program.

(D)

A person commits an offense if the person fails to comply with the requirement in Subsection (A). A culpable mental state is not required, and need not be proved. A person commits a separate offense for each day the person fails to provide the documentation. Each offense is punishable by a fine not to exceed $500.

Source: 20190509-027, Pt. 2, 5-20-19.

In this article:

(A)

DIRECTOR means the director of the Planning Department.

(B)

AREA PLAN means a long-range policy plan adopted by ordinance as an element of the comprehensive plan that establishes land use policy for a specific geographic area. Area plan may include a neighborhood plan, district plan, station area plan, small area plan, land use-focused corridor plan, framework plan, and plans incorporating future land use maps.

Source: Ord. No. 20250522-065, Pt. 1, 6-2-25.

(A)

An area plan shall be prepared by the director.

(B)

The director may conduct a general review of an area plan at any time and may recommend amendments of an area plan to the Land Use Commission and council.

(C)

The director may establish a list of community stakeholders to seek input in the review process.

(D)

The director may establish a list of community resources available to assist the director with technical aspects of area planning.

Source: Ord. No. 20250522-065, Pt. 1, 6-2-25.

An amendment to an area plan shall follow the process outlined by this Article, except for:

(1)

An amendment to the Lamar Blvd./Justin Station Area Plan, Plaza Saltillo Station Area Plan, or East MLK TOD Station Area Plan, shall follow the process in 25-2-766.23.

(2)

An amendment to a neighborhood plan adopted by ordinance shall follow the process in Chapter 25-1, Article 16 (Neighborhood Plan Amendments).

Source: Ord. No. 20250522-065, Pt. 1, 6-2-25.

An area plan amendment may be initiated by:

(1)

for an individual property amendment:

(a)

the owner of the subject property;

(b)

the council;

(c)

the Land Use Commission; or

(d)

the director.

(2)

for an area-wide or subdistrict-wide amendment:

(a)

the council;

(b)

the Land Use Commission; or

(c)

the director.

Source: Ord. No. 20250522-065, Pt. 1, 6-2-25.

(A)

Pre-Application Meeting. The applicant and the director's staff must meet before an applicant can submit an application to amend an area plan. At the meeting:

(1)

the staff shall describe the application process to the applicant;

(2)

the applicant shall describe the proposed area plan amendment to the staff;

(3)

if the applicant is proposing a change to the future land use map, the applicant shall provide the staff with information regarding the proposed change, including the address, boundaries, acreage, current and proposed future land use map categories, and current and proposed uses; and

(4)

if the applicant is proposing a text change, the applicant shall provide the proposed language and an explanation of the change.

(B)

Application for an individual property.

(1)

The director may accept an application to amend an area plan not earlier than one year after the adoption of the plan.

(2)

An applicant may not file an application for an amendment that is substantially the same as an application denied by council until one year after the council action denying the prior application.

(C)

Application for area-wide or subdistrict-wide amendment.

(1)

The director may accept an application to amend an area plan two or more years after council adopted the plan.

(2)

The director may accept an application to amend an area plan two or more years after the most recent council action on the plan occurred.

(3)

An application initiated by council may be filed at any time.

Source: Ord. No. 20250522-065, Pt. 1, 6-2-25.

(A)

The director shall give notice of the filing of an application for a proposed area plan amendment under Section 25-1-133(Notice of Applications and Administrative Decisions).

(B)

The director shall conduct a community meeting on a proposed area plan amendment prior to the date on which the Land Use Commission is scheduled to consider the amendment. The director shall give notice of the meeting under Section 25-1-132(A) (Notice of Public Hearing).

(C)

The Land Use Commission and the council shall each hold a public hearing on a proposed area plan amendment.

(D)

This subsection prescribes notice for a public hearing on a proposed area plan amendment regarding an individual property.

(1)

For a hearing before the Land Use Commission, the director shall give notice under Section 25-1-132(A) (Notice of Public Hearing).

(2)

For a hearing before council, the director shall give notice under Section 25-1-132(B)(2) (Notice of Public Hearing).

(3)

The applicant is responsible for the cost of notice.

(E)

This subsection prescribes notice for a public hearing on a proposed area-wide or subdistrict-wide amendment.

(1)

The director shall give notice of a public hearing before the Land Use Commission or council to:

(a)

each notice owner of property located within the proposed amendment boundaries;

(b)

each City of Austin utility account address within the proposed amendment boundaries; and

(c)

each registered neighborhood organization within the proposed amendment boundaries and within 500 feet of the proposed amendment boundaries.

(2)

The City is responsible for the cost of notice.

Source: Ord. No. 20250522-065, Pt. 1, 6-2-25.

(A)

An area plan amendment application expires if the director does not schedule the application for a public hearing:

(1)

by the Land Use Commission before the 181st day after the date of filing; or

(2)

by the Land Use Commission or council before the 181st day after the date on which the Land Use Commission or council grants an indefinite postponement of a scheduled public hearing.

(B)

Except as provided in Subsection (D), an area plan amendment application expires if the council does not adopt an ordinance before the 361st day after council closes the public hearing on the application.

(C)

Except as provided in Subsection (D), an area plan amendment application initially submitted before the effective date of this section expires 180 days after the effective date of this section.

(D)

An applicant may file one request with the director and one request with council to extend an application that will expire under Subsection (B) or Subsection (C). The request must be in writing, be filed before the application expires, state good cause for the extension, and be for not more than 180 days.

Source: Ord. No. 20250522-065, Pt. 1, 6-2-25.

(A)

The Land Use Commission shall hold a public hearing on an area plan amendment application not later than the 90th day after the date the application is filed.

(B)

The Land Use Commission shall make a recommendation to the council on an area plan amendment application not later than the 14th day after the Land Use Commission closes the public hearing on the application.

(C)

If the Land Use Commission does not adopt a recommendation on an application, the director shall forward the application to council without a Land Use Commission recommendation.

(D)

If the Land Use Commission does not hold a public hearing in accordance with Subsection (A), the applicant may file a written request for a hearing as prescribed in Section 25-2-282(E).

(E)

The director shall report the Land Use Commission's recommendation on each area plan amendment application to the council.

Source: Ord. No. 20250522-065, Pt. 1, 6-2-25.

(A)

The council shall hold a public hearing on an area plan amendment application not later than the 40th day after the date of the Land Use Commission recommendation.

(B)

Section 25-2-283(C) shall apply to requests for postponement of the public hearing on a neighborhood plan amendment application.

Source: Ord. No. 20250522-065, Pt. 1, 6-2-25.

(A)

The director may not recommend approval of an area plan amendment unless the requirements of Subsections (B) and (C) are satisfied.

(B)

The applicant must demonstrate that:

(1)

the proposed amendment is appropriate because of a mapping or textual error or omission made when the original plan was adopted or during subsequent amendments;

(2)

the denial of the proposed amendment would jeopardize public health, safety, or welfare;

(3)

the proposed amendment is appropriate because of a material change in circumstances since the adoption of the plan;

(4)

the proposed project:

(a)

provides environmental protection that is superior to the protection that would otherwise be achieved under existing zoning and development regulations; or

(b)

promotes the recruitment or retention of an employment center with 100 or more employees;

(5)

the proposed amendment is consistent with the goals and objectives of the area plan; or

(6)

the proposed amendment promotes additional S.M.A.R.T. Housing opportunities.

(C)

The applicant must demonstrate that:

(1)

the proposed amendment complies with applicable regulations and standards established by Title 25(Land Development), the objectives of Chapter 25-2(Zoning), and the purposes of the zoning district proposed for the subject property; and

(2)

the proposed amendment is consistent with the policies of the Comprehensive Plan and sound planning principles.

Source: Ord. No. 20250522-065, Pt. 1, 6-2-25.