Austin City Zoning Code

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)

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)

The record owner shall post and maintain a sign required by this section.

(B)

A sign must be posted at the earlier of:

(1)

30 days after the date the zoning or rezoning application is filed; or

(2)

11 days before the date of the first occurrence where:

(a)

the Historic Landmark Commission holds a hearing on the proposed zoning or rezoning change; or

(b)

the Land Use Commission holds a hearing on the proposed zoning change.

(C)

The record owner must maintain a sign in compliance with this section until Council makes a final determination on the proposed zoning or rezoning application or until the application is withdrawn.

(D)

Each sign must:

(1)

state the existing and proposed zoning designation requested in the zoning or rezoning application;

(2)

include the case number;

(3)

include the name and telephone number of the staff member from which additional information may be obtained;

(4)

be posted on the property subject to the proposed change;

(5)

be visible from a public street; and

(6)

be at least 24 inches long by 48 inches wide in size.

(E)

The record owner must post:

(1)

one sign every 200 feet along each street frontage; and

(2)

no more than three signs along every street frontage regardless of street length; and

(3)

no more than 10 signs total on the property regardless of the length or number of street frontages.

(F)

The record owner must verify the placement of a sign and verify the number of signs in the manner as prescribed by the director of Planning.

(G)

If the director of Planning finds that a sign is placed incorrectly or is not maintained in accordance with this section, the record owner must correct the sign within five business days after receiving notice.

(H)

A zoning application or rezoning application may only be considered if the record owner complies with this section.

Source: Ord. No. 20260326-053, Pt. 1, 4-6-26.

(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.