A.

Purpose and Applicability

1.

Purpose

This subsection establishes a provision for Alternative Compliance associated with the review and approval of a development or redevelopment project, including improvements to existing on-site structures or existing site features, as required in 90-7.01.A.2, Applicability below. The purpose of the Alternative Compliance process is to ensure that:

a.

A proposed project is in compliance with this Zoning Ordinance to the greatest extent appropriate for the improvements being undertaken,

b.

A proposed project meets requirements that are appropriate for lots or sites and site-specific development or redevelopment challenges by applying a flexible approval procedure,

c.

A proposed redevelopment or development project enhances the site, and therefore, the overall built environment of the City, and

d.

To allow for different standards that are in agreement with the City's Comprehensive Plan and will produce a substantially equivalent effect or enhanced level of results as intended by the original development standards.

2.

Applicability

a.

A request for Alternative Compliance from certain provisions, as specifically cited within this Zoning Ordinance, may be submitted for review and approval along with the Site Plan for a project, or along with the project's initial development Application (as applicable for the project).

b.

All Alternative Compliance requests shall be clearly delineated graphically or in narrative format, as appropriate, on the Site Plan (or on the project's initial development application), including a reference to the specific section within this Zoning Ordinance that allows consideration of such alternative standard(s).

c.

The applicable zoning district standards for a project shall not be reduced or varied using the Alternative Compliance process unless such standard(s) is specifically cited as qualifying for Alternative Compliance consideration in its respective section of this Zoning Ordinance.

d.

Review and Approval

Using the Site Plan review process, the Planning Director shall approve a request for Alternative Compliance for the following sections:

B.

Alternative Compliance Evaluation Criteria

1.

The Alternative Compliance standard(s) being sought shall be in agreement with, and shall promote, the recommendations and policies within the City's Comprehensive Plan.

2.

The proposed standard(s) does not reduce a standard unless it is, to the greatest extent practical, equally mitigated or improved by increasing standards of other requirements.

3.

The proposed standard(s) do not attempt to modify the land uses allowed in the zoning district in which the subject property is located, nor does the proposed standard(s) attempt to add a land use not normally allowed in the zoning district.

C.

Alternative Compliance Appeal

1.

An applicant may appeal the Planning Director's decision within 30 calendar days.

2.

The appeal shall first obtain a recommendation from the Planning and Zoning Commission.

3.

After a recommendation from the Planning and Zoning Commission, the City Council may either affirm, reverse, or modify the Planning Director's decision.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Applications Requiring Public Hearing for Zoning Related Applications

1.

Zoning Map Amendment (Rezoning), see Subsection 90-7.04.A.1;

2.

Zoning Text Amendment, see Subsection 90-7.04.A.2;

3.

Planned Development (PD) Steps for Creation and Development, see Subsection 90-7.09.C.;

4.

Specific Use Permit (SUP), see Section 90-7.10;

5.

Amortization of Nonconforming Uses, see Section 90-7.11;

6.

Zoning Regulation Appeal, see Section 90-8.01;

7.

Zoning Variance, see Section 90-8.02; and

8.

Zoning Special Exception, see Section 90-8.03.

B.

Review Bodies and the Associated Public Hearings per Zoning Application Type

Public hearings shall be conducted for each review body per plan or Application type according to the following table:

C.

Public Notice Requirements for Public Hearings for Zoning Related Applications

Listed below are the zoning related Applications requiring public Notice:

1.

Zoning Map Amendment (Rezoning), see Subsection 90-7.04.A.1;

2.

Zoning Text Amendment, see Subsection 90-7.04.A.2;

3.

Planned Development (PD) Steps for Creation and Development, see Subsection 90-7.09.C.;

4.

Specific Use Permit (SUP), see Section 90-7.10;

5.

Amortization of Nonconforming Uses, see Section 90-7.11;

6.

Zoning Regulation Appeal, see Section 90-8.01;

7.

Zoning Variance, see Section 90-8.02; and

8.

Zoning Special Exception, see Section 90-8.03.

D.

Required Public Notice for Zoning Related Plans and Applications

Public notices shall be required according to the following table:

E.

Types of Notice

1.

Postings of Signs on Property

The City Manager shall maintain an inventory of signs to fulfill the notification requirements listed in Table 21: Public Notice Requirements for Public Hearings for Zoning Related Applications.

2.

"Published Notice" and "Mailed Notice" of Public Hearings for Zoning Changes Involving Real Property

a.

Published Notice

i.

Notice of the public hearing to occur before the City Council shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the City before the 15th calendar day prior to the date of the public hearing.

b.

Mailed Notice (also referred to as "Written Notice")

i.

Written notice of the public hearing before the Planning and Zoning Commission shall be sent to all owners of property, as indicated by the most recently approved City tax roll, that is located within the area of application and within 200 feet of any property affected thereby, said written notice to be sent before the tenth calendar day prior to the date such hearing is held.

ii.

Written notice of the public hearing before the Planning and Zoning Commission shall be sent to all properties along the same side of the same street that are within 500 feet of the subject property. In addition to the notice requirement of 500 feet above, the four neighboring properties next to the subject property that are along the same side of the same street shall receive written notice. The required four neighboring properties that will receive notice shall include the two consecutive properties on either side of the subject property.

iii.

Said written notice shall be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the regular United States mail.

iv.

If written notice as required is not sent before the tenth calendar day prior to the date of the hearing, then the hearing must be delayed until this notice requirement is met. Such notice shall include:

(a)

Legal description of the property and the street address or approximate location within the City;

(b)

Present zoning classification of the property and the zoning sought by the applicant. If not a rezoning, then the nature or intent of the application shall be described;

(c)

The date, time, and place of hearing;

(d)

The web site that contains the zoning map and information regarding the rezoning;

(e)

The phone number where questions may be answered; and

(f)

Other information as may be necessary to provide adequate and timely public notice.

3.

"Published Notice" of Public Hearing for Zoning Changes Involving Regulation Text

a.

For requests involving proposed changes to the text of the zoning regulations, notice of the City Council public hearing shall be accomplished by publishing the purpose, time, and place of the public hearing in the official newspaper of the City before the 15th calendar day prior to the date of the public hearing.

b.

Changes in the zoning text that do not change zoning district boundaries (i.e., that do not involve specific real property) do not require mailed/written notification to individual property owners.

4.

"Published Notice" and "Mailed Notice" of an Appeal of a City Administrative or Interpretative Decision to the Board of Adjustment

a.

For an Appeal of a City Administrative or Interpretative Decision, the Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice by written notice in the mail addressed to all owners of real property located within 200 feet of the property on which the appeal is made, and by publication of notice of such hearing in the City's official newspaper.

b.

Both the written/mailed and published notice shall be given at least ten days prior to the date for the hearing.

c.

Upon the hearing, any party may appear in person or by attorney or by agent.

5.

Dual Notification of Planning and Zoning Commission Public Hearing(s) and City Council Public Hearing(s)

The City may, at its option, publish the required zoning change notifications in conformance with V.T.C.A., Local Government Code Ch. 211, for public hearings for the Planning and Zoning Commission and the City Council at the same time; said notifications must be published 15 days prior to the Planning and Zoning Commission public hearing and 15 days prior to the City Council public hearing.

6.

Additional Rules and Procedures Established

a.

The City Council may, at its option, establish additional rules and procedures for public notification of proposed zoning changes and development proposals (e.g., required plans, plats, etc.) which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the Applicant or its agent(s).

b.

Knowledge of and adherence to such rules and procedures, if so established by the City, shall be the responsibility of the Applicant and shall be required as part of a zoning change or development Application.

7.

Special Notice

Pursuant to V.T.C.A., Local Government Code § 211.007(d), the City Council may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by the City Council and the Planning and Zoning Commission.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Timing

Proceedings to establish the initial zoning of land being considered for annexation into the City shall occur jointly with annexation procedures, but shall occur as a separate and distinct action by the City Council.

B.

Annexation Precedes Zoning

City Council shall adopt the annexation ordinance prior to adoption of an ordinance for zoning.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Two Types of Zoning Amendments

1.

Zoning Map Amendment (Rezoning)

A Zoning Map Amendment (Rezoning) is a change or modification to the boundaries of any zoning district within the City's Official Zoning District Map.

2.

Zoning Text Amendment

A Zoning Text Amendment is the change of the text within this Zoning Ordinance and does not include change or modification to the boundaries of any zoning districts.

B.

Approval Authority and Report Requirement for Zoning Amendments

1.

Zoning Amendments Require City Council Approval

The City Council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts (i.e., Zoning Map Amendment (Rezoning)) or the regulations herein established (i.e., Zoning Text Amendment) as provided by the Statutes of the State of Texas.

2.

Zoning Amendments Require a Planning and Zoning Commission Report

Before taking action on any proposed amendment, the City Council shall submit the amendment to the Planning and Zoning Commission for its report, with the exception of procedural and administrative amendments that do not affect development standards within Article II, Article III, or Article IV.

3.

Zoning Amendments that do not require a Planning and Zoning Commission Report

No Planning and Zoning Commission report is required for procedural or administrative amendments to this Zoning Ordinance. However, the City Council may submit these amendments to the Planning and Zoning Commission for a report if the City Council desires.

C.

Planning and Zoning Commission Report and Public Hearings

1.

Pursuant V.T.C.A., Local Government Code § 211.007, the Planning and Zoning Commission shall make a preliminary report and hold public hearings on that report before submitting a final report to the City Council. The City Council may not hold a public hearing until it receives the final report of the Planning and Zoning Commission unless the City Council by ordinance provides that a public hearing is to be held, after the notice required by V.T.C.A., Local Government Code § 211.006(a), jointly with a public hearing required to be held by the Planning and Zoning Commission. In either case, the City Council may not take action on the matter until it receives the final report of the Planning and Zoning Commission.

2.

In cases where it is required to provide a report (see Subsections 90-7.04.B.2 and 90-7.04.B.3 for report details), the Planning and Zoning Commission shall hold a public hearing on an Application for a zoning amendment or change (i.e., a Zoning Map Amendment (Rezoning) or Zoning Text Amendment) prior to making its report to the City Council.

3.

In the case of a Zoning Map Amendment (Rezoning):

a.

Written notice of all public hearings before the Planning and Zoning Commission on a proposed amendment or change shall be sent to all owners of real property as described within subsection 90-7.02.E.2.b.ii. of this chapter.

b.

Notice shall be given before the tenth day before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved City tax roll or County tax roll for the area affected.

D.

City Council Public Hearing Required

1.

A public hearing shall be held by the City Council before adopting any proposed amendment.

2.

Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in the official newspaper or a newspaper of general circulation in the City.

3.

The City Council shall not hold its public hearings or take action on any Zoning Map Amendment (Rezoning) or Zoning Text Amendment until it has received the report from the Planning and Zoning Commission.

4.

Three-Fourths City Council Vote Required for Protested Amendments

If a proposed change to a regulation or boundary is protested by the real property owners described immediately below, and said protests are submitted to the City prior to the date of the city council public hearing, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the city council. For purposes of this article and V.T.C.A., Local Government Code § 211.006(d) only, the mayor shall not be counted for purposes of calculating the three-fourths vote. The protests must be written and signed by the owners of at least 20 percent of either:

a.

The area of the lots or land covered by the proposed change; or

b.

The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area, provided that the property being considered for a change in zoning classification shall not be included in the calculation.

Protests submitted under this section shall be signed by the person(s) owning the property on the date that the city council holds the hearing.

5.

Consistency between Zoning Map Amendments and the Comprehensive Plan

Consistency between a zoning map amendment and the comprehensive plan shall be required, or the comprehensive plan shall be amended until consistency is achieved.

6.

A Traffic Impact Analysis (TIA) is required with an application for a Zoning Map Amendment (Rezoning) for all site developments on an Arterial street or Collector street. The Planning Director may grant a waiver to the TIA if the proposed development has a projected net increase of less than 250 daily vehicle trips.

(Ord. No. 3154-17, § 1, 4-10-2017; Ord. No. 3161-17, § 7, 12-4-2017; Ord. No. 3178-18, §§ 2.A, 2.B, 11-5-2018)

The City shall not approve any Plat of any subdivision within the City Limits until the area covered by the proposed Plat has been zoned by the City Council, as described in 90-7.03, Zoning upon Annexation.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Conditions Required for Building Site, Tract, or Lot Creation

No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract, or building lot has been created by compliance with one of the following conditions:

1.

Approved Plat of Record

The lot or tract is part of a Plat of record, properly approved by the City, and filed with the County.

2.

Approved Site Plan

The Plat or tract is all or part of a Site Plan officially approved by the City, and compliance has been made with provisions and improvements approved on such Site Plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land.

3.

Housing with public funds shall be exempt from this Section 90-7.06.

4.

Residential accessory buildings and uses shall be exempt from this Section 90-7.06.

5.

Building alterations/additions shall comply with Platting Regulations.

B.

Building Permit Issuance Requires a Plat of Record

A Plat of record shall be created prior to the issuance of a Building Permit.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Certificates of Occupancy Required

1.

Certificates of Occupancy shall be required for any of the following:

a.

Occupancy and use of vacant land, except agricultural use;

b.

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

c.

Change in use of an existing Building to a use of a different classification;

d.

Change in use of land to a use of a different classification;

e.

Change in ownership of a business;

f.

Any change in the use of a nonconforming use; and

g.

Any use in existence with an annexation request.

2.

Certificate of Occupancy Required from Building Official.

No such use, or change of use, shall take place until a Certificate of Occupancy has been issued by the Building Official.

B.

Procedure for New or Altered Buildings

1.

Written Application

Written application for a Certificate of Occupancy for a new Building or for an existing Building which is to be altered shall be made at the same time as the application for the Building Permit for such building.

2.

Timing of Certificate Issuance

Said Certificate shall be issued within 14 calendar days after a written request for the same has been made to said Chief Building Official or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Ordinance.

C.

Procedure for Vacant Land or a Change in Building Use

1.

Written Application

Written application for a Certificate of Occupancy shall be made to the Building Official for review according to 90-7.06, Creation of Building Site for the following:

a.

The use of vacant land,

b.

For a change in the use of land or a building, or

c.

For a change in a nonconforming use to a conforming use.

2.

Timing of Certificate Issuance

If the proposed use is in conformity with the provisions of this Ordinance, the Certificate of Occupancy therefore shall be issued within 14 calendar days after the completed application for same has been made. The City shall not issue the CO where City taxes are delinquent.

D.

Contents of a Certificate of Occupancy

1.

Building and Proposed Use

Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies with all provisions of the building and fire laws and Ordinances.

2.

Record of Certificates of Occupancy

A record of all Certificates of Occupancy shall be kept on file in the office of the Chief Building Official or his agent and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building or land affected.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Purpose

1.

Through Site Plan review, zoning standards and other applicable municipal standards or ordinances that may apply to specific site development can be uniformly implemented by the City for townhome, multi-family, and nonresidential development.

2.

The purpose of the Site Plan process is to:

a.

Ensure compliance with adopted City development regulations and other applicable regulations that apply to the property for which the City has enforcement responsibility;

b.

Promote safe, efficient and harmonious use of land through application of City-adopted design standards and guidelines;

c.

Promote the vision established by the Comprehensive Plan;

d.

Ensure adequate public facilities to serve development;

e.

Coordinate and document the design of public and private improvements to be constructed;

f.

Prevent or mitigate adverse development impacts, including overcrowding and congestion;

g.

Aid evaluation and coordination of land subdivision, including the granting of easements, Right-of-Way, development agreements and provision of surety;

h.

Identify and address environmental concerns (floodplain, drainage, trees, topography, etc.); and

i.

Promote the public health, safety and welfare.

B.

Applicability

1.

Processing and Timing: Two Different Types of Site Plans Exist

a.

Site Plans Related to Rezoning Applications

A site plan is required for an Application for:

i.

MF-16, Multiple-Family Dwelling District

ii.

MF-24, Multiple-Family Dwelling District

iii.

Specific Use Permit (SUP)

iv.

PD, Planned Development District

b.

Site Plans Related to Building Permit Applications

No Building Permit shall be issued for any applicable developments or any on-site construction/development activity shall occur unless a Site Plan is first approved by the Planning Director and Building Official.

2.

Public Hearings

A public hearing on a Site Plan is not required unless a site plan is prepared in conjunction with a Zoning Map Amendment (Rezoning) Application.

3.

Effect

No Certificate of Occupancy and Compliance shall be issued unless all construction and development conform to the Site Plan as approved by the City.

C.

Approval and Process

1.

Site Plans Related to Rezoning Applications

The approval of a Site Plan related to a rezoning Application requires the following:

a.

Review by the Planning Director and Building Official,

b.

A recommended action by Planning and Zoning Commission for the Council's consideration, and

c.

Approval by the City Council.

2.

Site Plans Related to Building Permit Applications

The approval of a Site Plan related to a Building Permit or construction/development Application for townhome, multi-family, and nonresidential development requires the following:

a.

Review by the Planning Director and Building Official, and

b.

Approval by the Planning Director and Building Official.

D.

Site Plan Exempted Development

The following types of development are exempted from the requirements of this Section 90-7.08, Site Plan Requirements:

1.

Agricultural buildings; and

2.

A Temporary Building for New Construction as permitted by 90-3.03 Use Chart.

E.

Submission of Site Plan Applications

1.

Coordinating Official

Applications for approval of plans required by this Subsection 90-7.08.G., Site Plan must be submitted to the:

a.

The Planning Director for Site Plans Related to Rezoning Applications or,

b.

The Building Official for Site Plans Related to Building Permit Applications.

2.

Calendar of Official Processing Dates

A calendar of official processing dates for items requiring City review, Planning and Zoning Commission recommendation, and City Council approval pursuant to this Section 90-7.08, Site Plan Requirements shall be created by the City each calendar year.

F.

Fees and Forms

1.

Schedule of Fees

The fees relating to the Site Plan approval process shall be established by the Fee Schedule.

a.

Forms and Standards

The Planning Director shall establish forms and standards with regard to the content, format and number of copies of information constituting an Application for a Site Plan.

G.

Site Plan

1.

Site Plan Application Procedure and Requirements

a.

Site Plan Pre-Application Meeting

i.

Before preparing a Site Plan, the Applicant may meet with the Planning Director or Building Official to allow the Applicant to learn the general procedures for approval and to review the concept of the proposed development, if desired by Applicant.

ii.

No Application for a permit may be submitted to or accepted for filing during the meeting.

b.

Site Plan General Application

The property owner or authorized agent shall file an Application for the approval of a Site Plan. This Application shall include the information listed on the Site Plan Application Form, which shall be created and maintained by the Planning Director.

c.

Site Plan Additional Information

The following plans may be required with a Site Plan Application and approval is necessary prior to final authorization for development:

i.

Final Plat or Replat,

ii.

Engineering plans or Construction Plans,

iii.

Traffic Impact Analysis, if applicable,

iv.

Façade Plan, if required,

v.

Landscape plans, if required,

vi.

Flood Study, if required, and

vii.

Other approvals as required by ordinance or resolution.

d.

Site Plan Standards of Approval

i.

Site Plan Approval

(a)

The City Council and Planning Director shall use the review and approval process outlined in Subsection 90-7.08.C.1 (rezoning applications) and may approve, conditionally approve, or deny a Site Plan based upon the criteria listed below.

(b)

The Planning Director and Building Official shall use the review and approval process outlined in Subsection 90-7.08.C.2 (building permit applications) and shall approve, conditionally approve, or deny a Site Plan based upon the criteria listed below.

ii.

Approval Criteria

(a)

Compliance with the Zoning Ordinance regulations and other applicable regulations and previously approved, valid plans for the property.

(b)

The City shall not take action on a Site Plan for property where City taxes are delinquent.

e.

Site Plan Effect

i.

Approval of a Site Plan in association with a rezoning application is the City's authorization to apply for or for the issuance of Building Permits, depending on the specific case.

ii.

During the time the Site Plan remains valid, the City shall not apply any additional requirements concerning building placement, streets, drives, parking, landscaping or screening.

iii.

Except where authorized by ordinance, a Site Plan may not be used to approve a variance to development regulations.

iv.

Where an approved plan conflicts with an adopted regulation and no zoning variance or zoning special exception is expressly approved, the regulation shall apply.

f.

Site Plan Lapse

i.

Two-Year Effective Period

(a)

The approval of a Site Plan shall be effective for a period of two years from the date of filing of the Application.

ii.

Expired Site Plans

(a)

Upon expiration of a Site Plan, the Applicant shall be required to submit a new Site Plan subject to the then existing regulations (see Subsection 90-7.08.G.1, Site Plan Application Procedure and Requirements).

(b)

Site Plan approval shall expire upon completion of the improvements shown on the plan. Permits must remain valid during the construction process.

(c)

Subsequent additional development, site modifications and redevelopment shall be considered a new project subject to the then existing ordinances, laws and regulations of the City.

H.

Revocation of Site Plan Approval

The City Council may revoke approval of a Site Plan if it determines that the conditions of the approval have not been met or if the plan contains, or is based upon, incorrect information or if it is determined that it was obtained using fraud or deceit.

I.

Compliance with other City Regulations Required

Compliance with the following design standards and specifications, as may be amended, is required in addition to the design standards and specification set forth in this Zoning Ordinance:

1.

Subdivision Regulations;

2.

Fire Code;

3.

Engineering Standards;

4.

Building Code; and

5.

Any additional design standards and specifications approved by the City Council.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

General

1.

PD, Planned Development District Establishment

An Application for a PD, Planned Development District shall be made to the Planning and Zoning Commission and City Council in the same manner that an Application for any Zoning Map Amendment (Rezoning) is made.

2.

Submission of PD Related Plats and Site Plans Shall Occur After PD Establishment

The subsequent Applications for Plats and Site Plans within an established PD, Planned Development District shall be reviewed and approved separately and independently in accordance with established procedures.

Land Area Requirement for PD, Planned Development Districts

See 90-2.17.G., Minimum Land Area Requirement for area requirements.

B.

Planned Development (PD) Overview

1.

In order to develop land in a PD, the Applicant shall follow a five-step procedure, as follows:

a.

Pre-Application Meeting, as outlined in 90-6.02, Pre-Application Meeting.

b.

Zoning Map Amendment (Rezoning) Application with the submission and approval of PD, Planned Development District, which includes the:

i.

PD Design Statement and

ii.

PD Concept Design Map.

c.

Preliminary Plat, if subdivision occurs and where required by the City's Subdivision Regulations.

d.

Final Plat, if subdivision occurs and where required by the City's Subdivision Regulations.

Application for building permit and Site Plan review.

2.

Approvals Needed before Proceeding

a.

Each required step shall be completed and approved before the following step is reviewed.

b.

Where appropriate, other methods authorized in the City's Subdivision Regulations may be substituted in Step 3. Preliminary Plat and Step 4. Final Plat, such as an minor plat or amending plat.

c.

The Planning and Zoning Commission and City Council may, however, review more than one step at the same public hearing.

3.

Public Hearings (Rezonings and Plats)

a.

Public hearings shall be held on the Zoning Map Amendment (Rezoning) Application and the Planned Development Master Plan in accordance with regular procedures for zoning Applications.

b.

Public hearings on required Plats (if any) shall be held in accordance with regular procedures established in the City's Subdivision Regulations.

C.

Planned Development (PD) Steps for Creation and Development

1.

Step 1. Pre-Application Conference Review

a.

At least ten business days prior to submission of an Application for Zoning Map Amendment (Rezoning) to a PD, Planned Development District, the Applicant shall submit to the Planning Director a sketch plan, drawn to approximate scale, showing streets, lots, public areas, and other significant features. The Applicant shall execute an acknowledgement that the Pre-Application Meeting does not initiate a vested right.

b.

The Applicant should discuss with the Planning Director the procedure for adopting a PD, Planned Development District and the requirements for the general layout of streets and utilities, access to arterials, or general design and narrative, the availability of existing services, and similar matters.

c.

The Planning Director shall also advise the Applicant, where appropriate, to discuss the proposed PD, Planned Development District with those officials charged with responsibility to review the various aspects of the proposal coming within their jurisdiction.

d.

The intent of Step 1. Pre-Application Conference Review, is to expedite and facilitate the approval of a Planned Development Master Plan.

2.

Step 2. PD Application for Rezoning and Planned Development Master Plan

a.

Procedures and Requirements

i.

The PD Zoning Map Amendment (Rezoning) Application shall be filed in accordance with regular procedures and on Application Forms of the City.

ii.

The Planned Development Master Plan, which is submitted with the Application for rezoning, shall consist of a PD Design Statement and a PD Concept Design Map.

iii.

The Applicant shall also provide other supporting maps as necessary to meet the submission requirements of this Zoning Ordinance.

b.

PD Design Statement

The PD Design Statement shall be a written report submitted as a part of the Planned Development Master Plan containing a minimum of the following elements:

i.

Title of PD;

ii.

List of the owners and/or Developers;

iii.

Statement of the general location and relationship to adjoining land uses, both existing and proposed;

iv.

Description of the PD concept, including an acreage or square foot breakdown of land use areas and densities proposed, a general description proposed, a general description of building use types, proposed restrictions, and typical site layouts;

v.

The existing PD zoning districts in the development area and surrounding it;

vi.

Selection of one conventional zoning district as a base zoning district to regulate all uses and development regulations not identified as being modified (multiple base zoning districts may be selected to accommodate a mixture of land uses in different geographic areas);

vii.

A list of all applicable special development regulations or modified regulations to the base zoning district; plus a list of requested variances or waivers to the Subdivision Regulations or other applicable development regulations;

viii.

A statement identifying the existing and proposed streets, including Right-of-Way standards and street design concepts;

ix.

The following physical characteristics: elevation, slope analysis, soil characteristics, tree cover, and drainage information;

x.

A topographic map with minimum five-foot contour intervals;

xi.

Drainage information, including number of acres in the drainage area and delineation of applicable flood levels;

xii.

A statement of utility lines and services to be installed, including lines to be dedicated to the City and which will remain private;

xiii.

The proposed densities, and the use types and sizes of structures; and

xiv.

A description of the proposed sequence of development.

c.

PD Concept Design Map

i.

The PD Concept Design Map shall be a graphic representation of the development plan for the area of a PD, Planned Development District.

ii.

The Planning Director shall establish an Application Form outlining all requirements of the PD Concept Design Map and shall be responsible for maintaining and revising the Application Form.

d.

Approval of the Planned Development Master Plan

i.

Upon final approval by the City Council of the Planned Development Master Plan and the appropriate ordinance of rezoning, these elements shall become a part of the 90-1.03 Zoning District Map.

ii.

The ordinance of rezoning shall adopt the Planned Development Master Plan by reference, and it shall be attached to said ordinance and become a part of the official records of the City.

e.

The City may require that a Developer prepare a Traffic Impact Analysis (TIA) report in order to assist the City in determining whether the Planned Development Master Plan will be supported with adequate levels of roadways and intersections concurrent with the demand created by the development.

f.

Expiration of Planned Development Master Plan

i.

If, after two years from the date of approval of a Planned Development Master Plan, no substantial development progress has been made within the PD, then the Planned Development Master Plan shall expire.

(a)

If a Planned Development Master Plan expires, a new Planned Development Master Plan must be submitted and approved by the City Council.

ii.

The Planning Director may grant a two-year extension of a Planned Development Master Plan. At the end of the two-year extension, a second extension may be given by the Planning Director for up to one year.

iii.

An extension shall be granted if a development Application for the PD has been submitted and is undergoing the development review process or if the Planning Director determines development progress is occurring.

g.

Use and Development of the Property

i.

The Planned Development Master Plan shall control the use and development of the property, and all building permits and development requests shall be in accordance with the plan until it is amended by the City Council.

ii.

The Developer shall furnish a reproducible copy of the approved PD Concept Design Map for signature by the mayor and acknowledgement by the City Secretary.

iii.

The Planned Development Master Plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the City Secretary.

3.

Step 3. Preliminary Plat

a.

If the subdivision of land is to occur, then after City Council approval of the Zoning Map Amendment (Rezoning) with the associated Planned Development Master Plan, the Developer shall prepare a Preliminary Plat for the entire development area.

b.

Where a recorded Plat exists and where there will be no extensive easements, no Homeowners' or Property Owners' Associations, no plat restrictions, and no sale of lots that do not conform to the platted lot lines, the City Council may waive the platting requirement.

4.

Step 4. Final Plat

a.

Where a subdivision Plat is required, the Developer shall prepare a final plat for review, approval, and filing of record according to procedures established by the City Council. In addition to these procedures, the final plat shall include:

i.

Provisions for the ownership and maintenance of common open space and detention/retention ponds. Said open space shall be dedicated to a private association or dedicated to the public provided that a dedication to the public shall not be accepted without the approval of the City Council.

ii.

A Homeowners' or Property Owners' Association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including Usable Open Space, private street drives, fire lanes, service and parking areas, and recreation areas.

b.

If no Plat is required, then proof of the items identified in Subsections 90-7.09.C.4.a.i and ii above, shall be submitted and approved as a part of the Planned Development Master Plan at the time the Zoning Map Amendment (Rezoning).

5.

Step 5. Site Plan

a.

A Site Plan shall be submitted upon the Application for a building permit and reviewed in accordance with procedures established in 90-7.08.G., Site Plan.

D.

Planned Development (PD) Modifications

1.

Minor PD Amendment and Adjustment

The Planning Director may approve or defer to the City Council consideration a Minor PD Amendment and Adjustment to the Planned Development Master Plan provided all of the following conditions are satisfied:

a.

The project boundaries are not altered.

b.

Uses other than those specifically approved in the Planned Development Master Plan are not added. Uses may be deleted but not to the extent that the character of the project is substantially altered from the character described within the PD Design Statement.

c.

The allocation of land to particular uses or the relationship of uses within the project are not substantially altered.

d.

The density of housing is not increased more than ten percent or decreased by more than 30 percent.

e.

The land area allocated to nonresidential uses is not increased or decreased by more than ten percent.

f.

Floor Area, if prescribed, is not increased or decreased by more than ten percent.

g.

Floor Area ratios, if prescribed, are not increased.

h.

Open space ratios, if prescribed, are not decreased.

2.

Planning Director Approval

a.

The Planning Director shall determine if proposed amendments to an approved Planned Development Master Plan satisfy the above criteria.

b.

If the Planning Director finds that these criteria are not satisfied, an amended Planned Development Master Plan shall be submitted for full review and approval according to the procedures set forth in these regulations.

E.

Reversion

1.

Property Owner Request

a.

If the property owner decides to abandon the PD concept and nullify the Planned Development Master Plan, he shall make Application for rezoning either to the original status or to a new classification.

b.

Said Application shall be heard according to regular procedures by the Planning and Zoning Commission and City Council.

(Ord. No. 3154-17, § 1, 4-10-2017)

Charter reference— Master plan, §§ 7.03, 7.05.

A.

General Description and Authorization

1.

The uses listed under the various districts as Specific Use Permit (SUP) are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district.

2.

Consideration for Compatibility

With consideration given to setting, physical features, compatibility with surrounding land uses, traffic, and aesthetics, certain uses may locate in an area where they will be compatible with existing or planned land uses.

3.

Review and approval

The Planning and Zoning Commission shall review each case on its own merit, apply the criteria established herein, and recommend either approval or denial of the Specific Use Permit (SUP) to the City Council.

Following the Planning and Zoning Commission's recommendation, the City Council shall review each case on its own merit, apply the criteria established herein, and, if appropriate, authorize said use by granting a Specific Use Permit (SUP).

4.

Use Identified by Individual Zoning District

If a Specific Use Permit (SUP) is granted it shall be for all the uses permitted in the specified district plus the Specific Use Permit (SUP) requested.

B.

Application

Application and public hearing procedures for a special permit shall be completed in the same manner as an Zoning Map Amendment (Rezoning). A Site Plan shall be included with the application as outlined in 90-7.08.

C.

Criteria for Special Permit Approval.

1.

Special Use Permit Criteria

The City Council shall use the following criteria to evaluate a Specific Use Permit (SUP):

a.

Whether the proposed use shall be in harmony with the policies of the Comprehensive Plan.

b.

Whether the proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations.

c.

Whether the proposed use shall not adversely affect the use of neighboring properties.

d.

Whether the proposed use shall not generate pedestrian and vehicular traffic that is hazardous or in conflict with the existing and anticipated traffic in the neighborhood.

e.

Whether utility, drainage, parking, loading, signs, lighting access and other necessary public facilities to serve the proposed use shall meet the adopted codes of the city.

2.

Specific Conditions

a.

The City Council may impose specific conditions regarding location, design, operation, and screening to assure safety, to prevent a nuisance, and to control the noxious effects of excessive sound, light, odor, dust or similar conditions.

b.

The City may require a Traffic Impact Analysis (TIA) report if applicable determined by the Planning Director.

c.

The following standards shall be considered during the review of the Specific Use Permit (SUP) and shall be considered as conditions to the extent applicable: conceptual site plan, landscaping plans, masonry building materials, screening of adjacent lots, screening of refuse/enclosure facilities by use of aesthetic material, lighting, revocation, review of police reports of no later than five years dated, etc.

D.

Status of Special Use Permits

1.

Once a Specific Use Permit (SUP) has been granted for a lot, said Specific Use Permit (SUP) may not be expanded to another lot without application for a new Specific Use Permit (SUP).

2.

No application for a special use permit shall be accepted within one year of denial by the City Council of an application concerning the same uses on substantially the same land, except upon approval by City Council and based upon extenuating or changed circumstances.

3.

If the City Council takes no action on the SUP application after consideration such application is deemed a vote of denial of the subject application.

(Ord. No. 3154-17, § 1, 4-10-2017; Ord. No. 3161-17, § 7, 12-4-2017)

Cross reference— Establishments which derive 75 percent or more of gross revenue from on-premises sale of alcoholic beverages, § 6-32.

A.

City Council Initiation of Amortization Case

Only the City Council, by majority vote, may request that the Board of Adjustment consider establishing a compliance date for a Nonconforming Use.

B.

Board of Adjustment Decision of Amortization Case

1.

Per the authorization of City Council (Subsection 90-7.11.A.), the Board of Adjustment may require the discontinuance of a Nonconforming Use under any plan whereby the full value of the use's structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the zoning regulations.

2.

All actions to discontinue a Nonconforming Use shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the nonconforming use and the conservation and preservation of property.

C.

Public Hearing Process

Upon receiving a request under 90-7.11.A. from the City Council, staff shall schedule the First Public Hearing before the Board. The Board may establish a compliance date only after holding two separate public hearings.

1.

First Public Hearing

The Board shall hold a public hearing to determine whether continued operation of the Nonconforming Use will have a significant adverse effect on nearby properties. If, based on the evidence presented at the public hearing, the Board determines that continued operation of the Nonconforming Use will have a significant adverse effect on nearby properties, it shall schedule a second public hearing to establish a compliance date for the Nonconforming Use; otherwise, it shall not. In determining whether the continued operation will have a significant adverse effect on nearby properties, the Board shall consider the following factors:

a.

The character of the surrounding neighborhood.

b.

The degree of incompatibility of the use with the zoning district in which it is located.

c.

The manner in which the use is being conducted.

d.

The hours of operation of the use.

e.

The extent to which continued operation of the use may threaten public health or safety.

f.

The environmental impacts of the use's operation, including but not limited to the impacts of noise, glare, dust, and odor.

g.

The extent to which public disturbances and nuisances may be created or perpetuated by continued operation of the use.

h.

The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use.

i.

Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties.

j.

To the extent the nonconforming use impacts the value and marketability of the abutting and surrounding properties or neighborhood.

2.

Second Public Hearing

a.

If the Board has determined in the first public hearing that the Nonconforming Use has an adverse effect on nearby properties, it shall hold a second public hearing to set a date for compliance. The Board shall, in accordance with the law, provide a compliance date for the Nonconforming Use under a plan whereby the owner's actual investment in the use before the time that the use became nonconforming can be amortized within a definite time period. The following factors must be considered by the Board in determining a reasonable amortization period:

i.

The owner's capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use became nonconforming.

ii.

Any costs that are directly attributable to the establishment of compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages.

iii.

Any return on investment since inception of the use, including net income and depreciation.

iv.

The anticipated annual recovery of investment, including net income and depreciation.

v.

A reasonable closeout and termination period for the nonconforming use.

b.

If the Board, at the first public hearing, requests financial documentation and/or records from the owner relating to the factors listed directly above, the owner shall provide said documents and/or records at least 30 days before the second public hearing. If the owner does not provide said documentation, the Board is authorized to make its determination of a compliance date based upon any reasonably available public records as well as public testimony at the hearing. Failure by owner to provide the requested financial documents and records shall not prevent the Board from setting a compliance date.

D.

Ceasing Operations

If the Board establishes a compliance date for a Nonconforming Use, the use must cease operations on that date and it may not operate thereafter unless it becomes a conforming use.

E.

Definitions

For purposes of this subsection, "owner" means the owner of the Nonconforming Use at the time of the Board's determination of a compliance date for the Nonconforming Use.

F.

Finality of Decisions

1.

Decisions that Cannot be Immediately Appealed

A decision by the Board that the continued operation of a Nonconforming Use will have a significant adverse effect on neighboring property and the Board's decision to schedule a second public hearing to establish a compliance date are not final decisions and cannot be immediately appealed.

2.

Decision to Deny a Request to Establish a Compliance Date

A decision by the Board to deny a request to establish a compliance date is final unless appealed to state court within ten calendar days in accordance with V.T.C.A., Local Government Code Ch. 211.

3.

Decision Setting a Compliance Date

A decision by the Board setting a compliance date is final unless appealed to state court within ten calendar days in accordance with V.T.C.A., Local Government Code Ch. 211.

(Ord. No. 3154-17, § 1, 4-10-2017)