Baytown City Zoning Code

ARTICLE 7

Development Review Procedures

Sec. 7.11 Purpose

The purpose of this Article is to establish application procedures, internal review procedures, public notice and hearing procedures, and review criteria for applications and actions that affect the development and use of property subject to the jurisdiction of this ULDC.

Effective on: 1/1/1901

Sec. 7.12 Applicability

Generally. The Divisions of this Article apply to all development activity that requires a recommendation or final decision from City staff, the City Council, the Planning and Zoning Commission, or the Board of Adjustment as denoted in 7.210, Development Review Summary Table.

Compliance. Any person proposing a land use or development shall comply with the procedures of this Article. The applicable development review body will not issue a permit for any building, structure, construction, or use unless the proposal conforms with all provisions of this ULDC, and other applicable ordinances.

Effective on: 1/1/1901

Sec. 7.21 Pre-Application Conference

Pre-Application Conference. Potential applicants are encouraged to meet with City Staff prior to submittal of applications to familiarize the applicant with the submittal requirements and review procedures, including all applicable standards and any known constraints, hazards, or special conditions associated with the subject property. Prior to the applicant making an application for a Zoning Map Amendment or a Preliminary Plat with more than 12 lots, a pre-application conference is required, unless the application is made by a City Official in his Official capacity.

Sketch Plan. The applicant may submit a sketch plan as a basis for discussion prior to the pre-application conference. The sketch plan shall be of sufficient detail to accurately convey the concept, character, location, parcel size, and the size and scale of the proposed development. The applicant may submit additional materials at his or her discretion.

Simultaneous Submission of Related Applications. Pre-application conferences for several land development review processes may be combined when an applicant will be making several applications for the same project and when the processing schedule allows for simultaneous submittals. Refer to Sec. 7.22.E, Concurrent Submittal and Review, for provisions related to submittal of multiple applications at once.

Requested Submittals. At or following the pre-application conference, City staff may request that the applicant provide additional materials at the time of application submittal in accordance with Sec. 7.22, Application Submittal, Fees, and Completeness, as may be necessary to permit the informed exercise of judgment under the review criteria for the application.

Disclaimer. Completion of a pre-application conference does not imply or assume subsequent approval of anything discussed. A pre-application conference does not constitute a development permit application and it should not be construed as a permit or the first permit in any series of permits. A pre-application conference does not provide any vesting to the applicant.

Continuing Review Process. In order to be approved, applications that require a pre-application conference shall subsequently undergo the applicable processes established in this Division, starting with Sec. 7.22, Application Submittal, Fees, and Completeness.

Effective on: 1/1/1901

Sec. 7.22 Application Submittal, Fees, and Completeness

Application Form. An application for every development review procedure required by this ULDC shall be submitted in a format, in such numbers, and according to the schedule established by the Planning Director. At the time the application is submitted, the applicant shall pay a fee in the amount established by the City's fee schedule.

Fees.

1.
Schedule of Fees, Charges, and Expenses. The City Council shall establish a schedule of fees and charges for matters pertaining to this ULDC. The schedule of fees shall be maintained by the Planning Director.
2.
Payment in Full Required. No permits, certificates, or approvals required by this ULDC shall be issued unless or until such costs, charges, fees, or expenses have been paid in full.
3.
Refunds. Fees for rejected, denied, expired, voided, or revoked applications are not refundable.

Authorization to Initiate an Application. Table 7.22-1, Application Authorization, denotes those who are authorized to initiate each of the application types.

Table 7.22-1 Application Authorization
Development Review Procedure Types	Property Owner¹	Party Aggrieved by an Administrative Decision	Mayor, City Council, City Council Member, or City Manager
Administrative Decisions	♦
Master Plans, Amendments, and Special Uses	♦³		♦
Quasi-Judicial Review Procedures (Variance, Appeal of Administrative Decision)	♦²	♦⁴	♦⁵
Subdivision Review Procedures	♦		♦
Table Note: 1. Including Owner's Agent. 2. A property owner shall include the name and signature of the current property owner(s) of all properties within the boundaries of the application. Property owner(s) may be represented by an agent designated in writing by the property owner(s). 3. Applications for Special Use Permits associated with drilling, oil, or gas operations shall be made by any mineral interest owner with the legal right to drill on the property that is the subject of the application. Mineral interest owner(s) may be represented by an agent, designated in writing by the mineral interest owner(s). 4. Appeal of An Administrative Decision only. 5. Written Interpretation only.

Table 7.22-1 Application Authorization
Development Review Procedure Types	Property Owner¹	Party Aggrieved by an Administrative Decision	Mayor, City Council, City Council Member, or City Manager
Administrative Decisions	♦
Master Plans, Amendments, and Special Uses	♦³		♦
Quasi-Judicial Review Procedures (Variance, Appeal of Administrative Decision)	♦²	♦⁴	♦⁵
Subdivision Review Procedures	♦		♦
Table Note: 1. Including Owner's Agent. 2. A property owner shall include the name and signature of the current property owner(s) of all properties within the boundaries of the application. Property owner(s) may be represented by an agent designated in writing by the property owner(s). 3. Applications for Special Use Permits associated with drilling, oil, or gas operations shall be made by any mineral interest owner with the legal right to drill on the property that is the subject of the application. Mineral interest owner(s) may be represented by an agent, designated in writing by the mineral interest owner(s). 4. Appeal of An Administrative Decision only. 5. Written Interpretation only.

Table 7.22-1 Application Authorization
Development Review Procedure Types	Property Owner¹	Party Aggrieved by an Administrative Decision	Mayor, City Council, City Council Member, or City Manager
Administrative Decisions	♦
Master Plans, Amendments, and Special Uses	♦³		♦
Quasi-Judicial Review Procedures (Variance, Appeal of Administrative Decision)	♦²	♦⁴	♦⁵
Subdivision Review Procedures	♦		♦
Table Note: 1. Including Owner's Agent. 2. A property owner shall include the name and signature of the current property owner(s) of all properties within the boundaries of the application. Property owner(s) may be represented by an agent designated in writing by the property owner(s). 3. Applications for Special Use Permits associated with drilling, oil, or gas operations shall be made by any mineral interest owner with the legal right to drill on the property that is the subject of the application. Mineral interest owner(s) may be represented by an agent, designated in writing by the mineral interest owner(s). 4. Appeal of An Administrative Decision only. 5. Written Interpretation only.

Table 7.22-1 Application Authorization
Development Review Procedure Types	Property Owner¹	Party Aggrieved by an Administrative Decision	Mayor, City Council, City Council Member, or City Manager
Administrative Decisions	♦
Master Plans, Amendments, and Special Uses	♦³		♦
Quasi-Judicial Review Procedures (Variance, Appeal of Administrative Decision)	♦²	♦⁴	♦⁵
Subdivision Review Procedures	♦		♦
Table Note: 1. Including Owner's Agent. 2. A property owner shall include the name and signature of the current property owner(s) of all properties within the boundaries of the application. Property owner(s) may be represented by an agent designated in writing by the property owner(s). 3. Applications for Special Use Permits associated with drilling, oil, or gas operations shall be made by any mineral interest owner with the legal right to drill on the property that is the subject of the application. Mineral interest owner(s) may be represented by an agent, designated in writing by the mineral interest owner(s). 4. Appeal of An Administrative Decision only. 5. Written Interpretation only.

D.
Submittal Deadlines. The Planning Director may establish and publish application submittal deadlines in accordance with the schedule published on the City's website and in the Development Manual. This schedule may be updated from time to time during the year with the amendments being published on the web and in the development manual. An application shall not be considered as officially submitted, accepted, or filed until it has been determined to be complete in accordance with Paragraph (G) below.
E.
Withdrawals. An application may be withdrawn at any time by the applicant at their own request, and, upon resubmission, shall be considered an initial submission subject to the provisions of this Division.
F.
Application Completeness. Application submittals shall subsequently undergo a completeness application review before being deemed as submitted to the City.
1. 1.
  Timeline. A determination of application completeness shall be made by the Planning Director no more than ten business days after submittal of the application.
2. 2.
  Incomplete Applications.
  1. a.
    If the application is determined to be incomplete, the Planning Director shall notify the applicant in writing within five days of completing the completeness review.
  2. b.
    The city shall exercise the authority granted under V.T.C.A., Local Government Code ch. 245 to perform such reviews within the ten-day window and to allow the applicant 45 days in which to respond.
  3. c.
    While awaiting the requested information, any time limitations within which the city must process the application shall be tolled.
  4. d.
    If the applicant's response time exceeds the 45-day period, then the application expires; and to proceed, the applicant shall begin the process again with a new application.
G.
Completeness Does Not Equate to Approval. The completeness review set forth herein applies to all applications identified in Article 7 of this ULDC. Determination that an application is complete does not preclude any negative final action and does not include any implied determination that the application successfully meets any review criteria. The development manual shall contain a checklist for all application types. Completeness reviews shall rely on the ULDC provisions as well as the checklists and V.T.C.A, Local Government Code ch. 245.
H.
Concurrent Submittal and Review. Certain development projects may require multiple approvals. At the discretion of the Planning Director, the applicant may submit combined applications that require final action by a legislative or quasi-judicial body and such applications may be processed concurrently, so long as all applicable processing and public notice requirements and all required findings are satisfied.
I.
Successive Applications. For Zoning Map Amendments, 12 months from the date of final disapproval, except with permission of the Planning and Zoning Commission or City Council, must elapse before reapplication. In order to be considered for such a waiver, the applicant shall demonstrate that at the time the applicant requests a waiver:
1. 1.
  Substantial Change in Circumstances. There is a substantial change in circumstances relevant to facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application;
2. 2.
  New or Additional Information. New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed; or
3. 3.
  New Application. A new application is proposed to be submitted that is materially different (e.g., proposes new use categories, or a substantial change in proposed densities and intensities) from the prior application.
J.
Continuing Review Process. Complete applications shall subsequently undergo the processes established in Sec. 7.23, Staff Review and Distribution.

Effective on: 1/1/1901

Sec. 7.23 Staff Review and Distribution

Review, Final Decision, and Distribution. After completeness determination, the appropriate development review body shall, according to the review responsibilities denoted in Table 7.210-1, Summary of Procedures, do one of the following:

1.
Review and Comment. Review an administrative application and provide comments to the applicant, which may include required revisions based on the requirements of this ULDC and other adopted requirements and standards;
2.
Review and Decide. Review and make a final decision on an administrative application; or
3.
Distribution. Distribute all other application types to the appropriate development review body or outside agency including, but not limited to, utilities and school districts, for review, comment, and, if denoted in Table 7.210-1, Summary of Procedures, recommendation or final decision.

Required Revisions.

1.
Comments. During application review, the Planning Director may provide comments from the Development Review Committee to the applicant. The applicant shall revise and resubmit the application with requested changes in order for the application to proceed through the review process.
2.
Resubmittal. Upon receipt of the resubmittal, the Planning Director may refer the application to agencies again if the changes substantially affect the interests of the agency in ways not anticipated by the agency's original comments, or require the agency's technical expertise for appropriate review.

Administrative Recommendation or Decision. Promptly after submittal of a complete application that addresses the comments provided pursuant to Paragraph (B), Required Revisions, above (or, after finding that no revisions are required), one of the following shall apply:

1.
Administrative Review Applications. If the application is for a review procedure addressed in Division 7.3, Administrative Decisions, then the administrative review body denoted in Table 7.210-1, Summary of Procedures, shall approve, conditionally approve, or deny the application, as appropriate.
2.
All Other Review Applications. If the application is for a review procedure addressed in Division 7.22, Master Plans, Amendments, and Special Uses or Division 7.23, Quasi-Judicial Review Procedures, then the applicable administrative review body shall forward a recommendation to the next development body in the review process who will consider it for further recommendation or final decision according to Table 7.210-1, Summary of Procedures.

Continuing Review Process.

1.
Approved Applications. Applications receiving approval may subsequently undergo the processes established in Sec. 7.27, Post-Decision Provisions.
2.
Applications Requiring Public Meeting or Hearing. Applications requiring a public meeting or hearing, as denoted in Table 7.210-1, Summary of Procedures, shall subsequently undergo the processes established in Sec. 7.25, Public Notice and Sec. 7.26, Public Meetings and Hearings.

Effective on: 1/1/1901

Sec. 7.24 Common Decision Criteria

Common Review Criteria. In determining whether to approve, approve with conditions or modifications, or deny an application, the development review bodies making a recommendation or taking final action shall consider the basic review criteria denoted in Table 7.24-1, Common Review Criteria Applicability. Additional review criteria may apply and are enumerated in the specific review procedures of this Article.

Burden of Proof or Persuasion. In all cases, the burden is on the applicant to show that an application complies with applicable review criteria.

Table 7.24-1 Common Review Criteria Applicability
Common Review Criteria	Administrative Review Applications	Master Plans, Amendments, and Special Uses Applications		Quasi-Judicial Review Applications		Subdivision Applications
Common Review Criteria	Administrative Review Applications	Text Amendments	All Other	Variances	All Other

The request complies with the applicable standards of the City's Code, the ULDC, and any applicable county, state, or federal requirements.	•	•	•	•	•	•
The request substantially conforms to any associated prior approval for the development, including, but not limited to, a Special Use Permit or Master Development Plan.	•		•
The development review body has considered the recommendation of the City staff.		•	•	•	•	•
The request is consistent with applicable policies of the Comprehensive Plan and applicable utility plans and capital improvement plans; or, if it addresses a topic that is not contained or not fully developed in the Comprehensive Plan, the request does not impair the implementation of the Comprehensive Plan.		•	•	•
The request promotes the purposes of this ULDC as established in Sec. 1.12, Purposes, and in other applicable purpose statements in this ULDC.		•	•	•	•
Adequate facilities, including public or private utilities, solid waste service, roads, drainage, and other improvements are present or are planned to be provided.			•	•		•
The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area.			•	•
The request will not impede the normal and orderly development and improvement of surrounding property.			•	•

Table 7.24-1 Common Review Criteria Applicability
Common Review Criteria	Administrative Review Applications	Master Plans, Amendments, and Special Uses Applications		Quasi-Judicial Review Applications		Subdivision Applications
Common Review Criteria	Administrative Review Applications	Text Amendments	All Other	Variances	All Other

The request complies with the applicable standards of the City's Code, the ULDC, and any applicable county, state, or federal requirements.	•	•	•	•	•	•
The request substantially conforms to any associated prior approval for the development, including, but not limited to, a Special Use Permit or Master Development Plan.	•		•
The development review body has considered the recommendation of the City staff.		•	•	•	•	•
The request is consistent with applicable policies of the Comprehensive Plan and applicable utility plans and capital improvement plans; or, if it addresses a topic that is not contained or not fully developed in the Comprehensive Plan, the request does not impair the implementation of the Comprehensive Plan.		•	•	•
The request promotes the purposes of this ULDC as established in Sec. 1.12, Purposes, and in other applicable purpose statements in this ULDC.		•	•	•	•
Adequate facilities, including public or private utilities, solid waste service, roads, drainage, and other improvements are present or are planned to be provided.			•	•		•
The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area.			•	•
The request will not impede the normal and orderly development and improvement of surrounding property.			•	•

Table 7.24-1 Common Review Criteria Applicability
Common Review Criteria	Administrative Review Applications	Master Plans, Amendments, and Special Uses Applications		Quasi-Judicial Review Applications		Subdivision Applications
Common Review Criteria	Administrative Review Applications	Text Amendments	All Other	Variances	All Other

The request complies with the applicable standards of the City's Code, the ULDC, and any applicable county, state, or federal requirements.	•	•	•	•	•	•
The request substantially conforms to any associated prior approval for the development, including, but not limited to, a Special Use Permit or Master Development Plan.	•		•
The development review body has considered the recommendation of the City staff.		•	•	•	•	•
The request is consistent with applicable policies of the Comprehensive Plan and applicable utility plans and capital improvement plans; or, if it addresses a topic that is not contained or not fully developed in the Comprehensive Plan, the request does not impair the implementation of the Comprehensive Plan.		•	•	•
The request promotes the purposes of this ULDC as established in Sec. 1.12, Purposes, and in other applicable purpose statements in this ULDC.		•	•	•	•
Adequate facilities, including public or private utilities, solid waste service, roads, drainage, and other improvements are present or are planned to be provided.			•	•		•
The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area.			•	•
The request will not impede the normal and orderly development and improvement of surrounding property.			•	•

Table 7.24-1 Common Review Criteria Applicability
Common Review Criteria	Administrative Review Applications	Master Plans, Amendments, and Special Uses Applications		Quasi-Judicial Review Applications		Subdivision Applications
Common Review Criteria	Administrative Review Applications	Text Amendments	All Other	Variances	All Other

The request complies with the applicable standards of the City's Code, the ULDC, and any applicable county, state, or federal requirements.	•	•	•	•	•	•
The request substantially conforms to any associated prior approval for the development, including, but not limited to, a Special Use Permit or Master Development Plan.	•		•
The development review body has considered the recommendation of the City staff.		•	•	•	•	•
The request is consistent with applicable policies of the Comprehensive Plan and applicable utility plans and capital improvement plans; or, if it addresses a topic that is not contained or not fully developed in the Comprehensive Plan, the request does not impair the implementation of the Comprehensive Plan.		•	•	•
The request promotes the purposes of this ULDC as established in Sec. 1.12, Purposes, and in other applicable purpose statements in this ULDC.		•	•	•	•
Adequate facilities, including public or private utilities, solid waste service, roads, drainage, and other improvements are present or are planned to be provided.			•	•		•
The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area.			•	•
The request will not impede the normal and orderly development and improvement of surrounding property.			•	•

Effective on: 1/1/1901

Sec. 7.25 Public Notice

Public Notice.

1.
Publication Notice. When required, as denoted in Table 7.210-1, Summary of Procedures, published notice shall be provided in a local publication of record in accordance with the requirements of the Texas Local Government Code (TLGC), Chapters 211 and 212.
2.
Mailed Notice. When required, as denoted in Table 7.210-1, Summary of Procedures, mailed notice shall be:
1. a.
  In written form;
2. b.
  Sent as required by Texas Local Government Code Section 211.007(c) to all owners of real property located within 200 feet of the subject property; Notice of required public hearings for a Special Use Permit, Variance, or Zoning Map Amendment, with the exception of applications for a Special Use Permit for drilling, oil or gas operations or a designation of Drilling Overlay District, shall also be sent by mail to owners of land within 300 feet of the lot lines of the land that is the subject of the application.
3. c.
  For applications for a drilling overlay district or a special use permit for drilling, oil or gas operations, notice of required public hearings shall be sent by mail to:
  1. i.
    Owners of land on which the drilling, oil or gas operations are proposed to occur;
  2. ii.
    Owners of land over which the Drilling Overlay District is proposed; and
  3. iii.
    Owners within 750 feet of the property line of the property on which drilling, oil or gas operations are proposed to occur or the boundary of the overlay district, whichever is applicable.
4. d.
  For applications for Special Use Permit for Battery Energy Storage System, the applicant shall be required to provide notice of neighborhood meetings and required public hearings by mail to owners of land within 500 feet of the property line of the property on which the proposed BESS operations are proposed to occur.
5. e.
  Measured from the perimeter of the property;
6. f.
  Taken inclusive of public streets; and
7. g.
  Served by using the last known address as listed on the County tax roll and depositing the notice, postage paid, with the United States Postal Service (USPS).
3.
Contents of Notice. Regardless of whether the notice is published or mailed, the notice shall contain:
1. a.
  Publication and Mailed Notice. Notices that are published and mailed pursuant to Paragraphs (3a), (3b), and (5) shall provide at least the following information:
  1. i.
    The general location of the land that is the subject of the application;
  2. ii.
    Its legal description or street address;
  3. iii.
    The substance of the application;
  4. iv.
    The time, date, and location of the public hearing;
  5. v.
    The time, date, and place where the application may be inspected by the public; and
  6. vi.
    A statement that interested parties may appear at the public hearing and be heard with respect to the application.
2. b.
  Signs. Signs required pursuant to Paragraph (4b) shall at least indicate the following:
  1. i.
    The property and/or neighboring properties, as applicable, are the subjects of a development permit;
  2. ii.
    The City's website address; and
  3. iii.
    The contact point for additional information.
4.
Posting of Signs.
1. a.
  Except as provided in Paragraph (4b), notice of required public hearings shall also be provided by way of a sign posted on the land that is the subject of the application. One sign shall be posted for each 200 feet of frontage along a public street, with a maximum of four signs required per frontage. Signs shall be located so that the lettering is visible from the street. Where the land does not have frontage on a public street, signs shall be posted on the nearest public street.
2. b.
  At least six signs shall be required for any public hearing regarding one or more amendments to the official zoning map, which propose to change the zoning district classification of more than five tracts. Nothing contained in this section shall prohibit the Planning Director from posting additional signs as the Planning Director deems appropriate.
5.
Website. Notice of the public hearings will be published and remain on the City's website through the day of the public hearing in accordance with the same publication deadlines as expressed in Paragraphs (2) an (3) of this Section. The validity of a posted notice of a public hearing required by this Section is not affected by a failure to comply with a requirement of this Section that is due to a technical problem beyond the reasonable control of the City.
6.
Timeline to Provide Notice. Regardless of the type of notice that is required, such notice shall be provided at least 10 days prior to the public meeting or hearing, unless otherwise specified by Texas state law.
7.
Computation of Time. In computing the time periods for notice, the day of mailing, publication, or posting shall not be counted, but the day of the public hearing shall be counted.
8.
Constructive Notice. Failure of a surrounding property owner to receive notice of a hearing shall not affect the validity of the final decision.

Continuing Review Process. Applications with required notice provided shall subsequently undergo the processes established in 7.26, Public Meetings and Hearings.

(Ordinance No. 16,249, 09/25/2025)

Effective on: 10/5/2025

Sec. 7.26 Public Meetings and Hearings

Open to Public. All public hearings shall be open to the public except as otherwise provided in TLGC Chapter 551. However, not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this ULDC are classified as requiring a "public meeting" or "public hearing."

Public Meetings. Any development review application, except for administrative review applications or Written Interpretations, that does not require a public hearing as denoted in Table 7.210-1, Summary of Procedures, prior to a final decision requires a final decision to be made at a public meeting.

Public Hearing. Elected and appointed development review bodies may adopt rules of procedure for the conduct of public hearings. The adopted rules of procedure shall reflect the following general procedures:

1.
Time and Testimony Limits. The Chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant;
2.
Expert Witnesses. Citizens, applicants, and the City have the right to present expert witnesses;
3.
Identification and Representation. Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent;
4.
Written Evidence of Authority. If a speaker represents an organization, the body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration; and
5.
Right to be Heard. Any person may appear at a public hearing, submit evidence, and be heard.

Decisions. A vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote, except when voice votes are authorized.

Conditional Approval or Modification of Application at Public Meeting or Hearing.

1.
Modification. An applicant may agree to modify an application, including the plans and specifications submitted, in response to questions or comments by persons appearing at a public meeting or hearing or to suggestions or recommendations by the development review body holding the meeting or hearing.
2.
Action on Modified Applications. The development review body may make a recommendation or conditionally approve the application with the requirement that the formalized approval is not effective until the applicant submits materials reflecting the agreed-upon changes to the Planning Director. However, if such modifications are so substantial that the development review body determines that it cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials, it shall not accept any subsequent application and shall make no further approvals related to the subject property until the applicant submits the required modifications.
3.
Referral. Where deemed appropriate by the final decision-making body, applications with significant modifications may be referred back to the recommending body for review, prior to further consideration.

Continuing Review Process. Requests receiving approval at a public meeting or hearing may subsequently undergo the processes established in Sec. 7.27, Post-Decision Provisions.

Effective on: 1/1/1901

Sec. 7.27 Post-Decision Provisions

Modification of an Approved Application. Modifications to approved applications shall be done in accordance with Sec. 7.313, Minor Modification of an Approved Application. However, if the change does not meet the criteria for a minor modification, the application shall be resubmitted as a new application.

Revocation of Approval. A development review body may revoke any permit or approval it issued where there has been a violation of the provisions of this ULDC or misrepresentation of fact on the application or in the public meeting or hearing.

Approvals Run With Land. Permits or approvals authorizing a particular land use or structure shall run with the land and transfer with the subsequent ownership of the land and structures unless an elected or appointed development review body conditions an approval to the contrary. This provision does not apply to nonconformities, which are addressed in Article 8, Nonconformities.

Action Following Decision. Written notice of final decisions to approve or approve with conditions, or disapprove or deny shall be provided to the applicant within five working days of each decision.

Effective on: 1/1/1901

Sec. 7.28 Appeals

Window for Appeal. All appeals listed below shall be submitted to the Planning Director or to a Court of Competent Jurisdiction, as appropriate.

Appeal of Planning and Zoning Commission Decision. Any party aggrieved by or alleging an error in a final decision of the Planning and Zoning Commission may appeal to the City Council within 20 days of the Commission's decision.

Appeal of Board of Adjustment or City Council Decision. Any party aggrieved by or alleging an error in a final decision of the Board of Adjustment or City Council may appeal to a court of competent jurisdiction within 10 days of the decision of the Board or Council in accordance with Texas Local Government Code Section 211.011.

Appeal of Administrative Decision. Any party aggrieved by or alleging an error in a final decision of the Planning Director, the Building Official, or the City Engineer, on a matter addressed in this ULDC may appeal in accordance with Sec. 7.53, Appeal of Administrative Decision, within 20 days of the administrative decision.

Appeal of Obstructing Rights-of-Way. If a person wishes to use the sidewalks, streets, alleys, or other public rights-of-way for the purpose of storing goods, or other materials, he or she shall obtain permission from the City Manager, in writing, before any such use is made. If the City Manager denies such request, the applicant may appeal to the City Council, and its decision shall be final.

Effective on: 1/1/1901

Sec. 7.29 Inactive and Expired Applications and Renewals

Unapproved Applications.

1.
Process to Inactivity. A submitted and completed but unapproved application becomes inactive after 90 days from receiving review comments if the applicant fails to completely address the City's comments to allow further processing of the application.
2.
Expiration. Inactive applications will automatically expire and become null and void without further notice 30 days after the date when they became inactive if the applicant fails to take action or request an extension of time.

Approved Applications. Approved Applications shall expire at the end of the expiration period as denoted in Table 7.210-1, Summary of Procedures, unless:

1.
Pending Approvals. A complete application for the next required approval in a sequence of approvals is submitted and pending upon the expiration of the period;
2.
Commencement of Development. Development has commenced and is being diligently pursued toward completion; or
3.
Granted Extension. An extension is granted in accordance with Paragraph (C), Extension of Time, below.

Extension of Time.

1.
Request. Prior to the expiration of an approved application or unapproved inactive application, the applicant may request in writing and the Planning Director may approve an extension of the expiration date of up to six months.
2.
Amendments. If the City Council amends this ULDC or adopts other applicable regulations during the period of time when the application was inactive, the application shall:
1. a.
  Not be subject to compliance to the new regulations until the original application is considered to be voided; and
2. b.
  Become subject to the new regulations and ordinances if the period of time to request an extension lapses.
3.
Expiration of Extension. Approved applications or unapproved inactive applications shall expire after the six-month extension lapses if the Planning Director determines that the applicant is not actively pursuing action to complete the development or address comments.

Effective on: 1/1/1901

Sec. 7.210 Development Review Summary Table

Generally. Procedures for obtaining development review approval pursuant to this ULDC are summarized in this Section.

Applications and Procedures. Each application required by this ULDC is spelled out in Table 7.210-1, Summary of Procedures, below.

Table 7.210-1 Summary of Procedures
• = Pre-Application Conference Required P = Published Notice Required M = Mailed Notice Required S = Signs Notice Required W = Website Notice Required P&Z = Planning and Zoning Commission CC = City Council BOA = Board of Adjustment DRC = Development Review Committee [ ] = Public Hearing Required
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Review Responsibilities		Expiration²	Cross-Reference
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Recommendation	Final Action	Expiration²	Cross-Reference
ADMINISTRATIVE APPLICATIONS: Require final decisions in which City staff apply the standards in this ULDC. Administrative applications typically require objective analysis by City staff and may involve the exercise of very limited discretion.
Administrative Adjustment 7.31	Concurrent with submittal of a Site Development Plan, Building Permit, or Sign Permit	--	--	Planning Director		2 years	--
Site Development Plan 7.32	Prior to any development of any use unless specifically exempted in this ULDC	--	--	Planning Director		2 years	Article 2, Article 3
Minor or Amending Plat 7.33	Prior to developing a minor subdivision or making a minor modification to a recorded plat	--	--	Planning Director		2 years; None after recordation	Article 4
Lot Consolidation 7.34	Prior to applying for a Building Permit	--	--	Planning Director		1 year if unrecorded; None after recordation	--
Construction Plans 7.35	Prior to site construction	--	--	City Engineer		2 years	Engineering Minimum Design Standards and Specifications
Building Permit 7.36	Prior to erecting, altering, replacing, relocating, rebuilding, repairing, or restoring a principal or accessory building or structure	--	--	Building Official		180 days	--
Floodplain Development Permit 7.37	Prior to any development activities or land disturbance within a regulatory floodplain as shown on a Flood Insurance Rate Map (FIRM)	--	--	Floodplain Administrator		180 days	Article 5
On-Site Water or Wastewater Permit 7.38	Prior to land disturbing activities	--	--	City Engineer		180 days	Sec. 4.27
Sign Permit 7.39	Prior to constructing, installing, placing, or relocating a sign or modifying a sign's dimensions or illumination	--	--	Planning Director		2 years	Division 3.6
Temporary Use Permit 7.310	Prior to the operation of any temporary structure or use	--	--	Planning Director		1 year	Sec. 2.36
Certificate of Occupancy 7.311	Upon completion of construction or before a change in occupancy	--	--	Building Official		None	--
Written Interpretation 7.312	None	--	--	Planning Director		--	--
Minor Modification of an Approved Application 7.313	In order to make a limited modification to any numerical standard on an application that has already been approved but that has not received a Certificate of Occupancy	--	--	Development review body that made the initial approval		Same as application being modified	--
Right-of-Way License 7.314	Prior to laying, constructing, building, repairing or rebuilding any sidewalk, driveway, curb, or gutter on any street, alley, or thoroughfare	--	--	City Engineer		1 year	--
Easement Encroachment License 7.315	Prior to building, erecting, or constructing any building, structure, or edifice for any use or occupancy	--	--	City Engineer		--	--
MASTER PLANS, AMENDMENTS, AND SPECIAL USE APPLICATIONS: Require final decisions that establish or change the way the use, design, or development of land will occur on a site-specific, City-wide, or intermediate scale. Elected and appointed development review bodies make final decisions based on general considerations of fostering and preserving the public health, safety, and general welfare. Such final decisions are characterized by the exercise of broad discretion.
Master Development Plan 7.41	As part of a zoning map amendment to a PD or Cluster development	•	M P	Planning Director	[P&Z]	2 years	Article 2, Article 3
ULDC Text Amendment 7.42	Prior to a change of the text in this ULDC	--	P W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Zoning Map Amendment 7.43	Prior to establishing or expanding an activity, building type, or land use prohibited in the current zoning district	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Special Use Permit 7.44	Prior to construction and permitting of any land use that is designated as a special use	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	24 months if use is not established and / or Building Permit not issued	Article 2
Planned Unit Development 7.45	Prior to establishing a Planned Unit Development (PUD)	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	Sec. 2.25
VARIANCES AND ADMINISTRATIVE APPEALS: Require final decisions that provide interpretation of standards or establish the way design or development will occur on specific sites in manners that either vary from the standards of this ULDC or that are contested by an aggrieved party. Such final decisions are characterized by exercise of discretion.
Variance 7.51	Prior to or concurrent with submittal of a Site Plan, or Sign Permit	--	M P S W	1st: Planning Director	[BOA]	None	Article 3
Variance, Floodplain 7.52	Refer to procedures in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.
Appeal of Administrative Decision 7.53	Within 30 days after an appellant or their agent received notice or the action of the official that is the subject of the appeal	--	P M W	[BOA]		None	--
SUBDIVISION REVIEW APPLICATIONS: Require final decisions related to dividing larger tracts of land into smaller lots. City staff or legislatively appointed administrative bodies make final decision based on regulations in this ULDC and on technical requirements of various City departments, local and state agencies, and utilities.
Development Plat 7.61	Prior to development of a property that does not require a subdivision plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	6 months	--
Preliminary Plat 7.62	Prior to a Final Plat in order to subdivide land into five or more lots or lots that require the creation of a street or the expansion of municipal facilities	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	3 years	Article 4
Final Plat 7.63	Following approval of a Preliminary Plat	--		Planning Director	Planning Director	1 year if unrecorded; None after recordation	Article 4
Replat 7.64	Prior to changing the number of lots on a recorded Final Plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]³	2 years; None after recordation	Article 4
Vacating Plat 7.65	Prior to removing the force of a recorded plat covering a property or properties	•		1st: Development Review Committee 2nd: Planning Director	Administrative body that approved the original Minor, Amending, Replat, or Final Plat	2 years; None after recordation	--
Waiver 7.66	Prior or concurrent with submittal of a Preliminary Plat that varies from the subdivision design standards	--	P W	1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	Same as associated plat	Article 4
TABLE NOTES: 1. For complete notice requirements, see Sec. 7.25, Public Notice, and Sec. 7.26, Public Meetings and Hearings. 2. The time period in the "Expiration" column is measured from the date of the issued approval. Expiration occurs if the applicant does not commence the work prior to the expiration or does not diligently pursue completion of the project or the subsequent required approval. See Sec. 7.29, Inactive and Expired Applications. "Commence," for the purposes of this table, means the first City inspection of a development, such as the initial rough plumbing inspection. 3. A public hearing is required if the proposed replat requires a variance or exception, as mandated by Texas Local Government Code Section 212.015. If a public hearing is not required, the final action shall take place at a public meeting of the Planning and Zoning Commission.

Table 7.210-1 Summary of Procedures
• = Pre-Application Conference Required P = Published Notice Required M = Mailed Notice Required S = Signs Notice Required W = Website Notice Required P&Z = Planning and Zoning Commission CC = City Council BOA = Board of Adjustment DRC = Development Review Committee [ ] = Public Hearing Required
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Review Responsibilities		Expiration²	Cross-Reference
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Recommendation	Final Action	Expiration²	Cross-Reference
ADMINISTRATIVE APPLICATIONS: Require final decisions in which City staff apply the standards in this ULDC. Administrative applications typically require objective analysis by City staff and may involve the exercise of very limited discretion.
Administrative Adjustment 7.31	Concurrent with submittal of a Site Development Plan, Building Permit, or Sign Permit	--	--	Planning Director		2 years	--
Site Development Plan 7.32	Prior to any development of any use unless specifically exempted in this ULDC	--	--	Planning Director		2 years	Article 2, Article 3
Minor or Amending Plat 7.33	Prior to developing a minor subdivision or making a minor modification to a recorded plat	--	--	Planning Director		2 years; None after recordation	Article 4
Lot Consolidation 7.34	Prior to applying for a Building Permit	--	--	Planning Director		1 year if unrecorded; None after recordation	--
Construction Plans 7.35	Prior to site construction	--	--	City Engineer		2 years	Engineering Minimum Design Standards and Specifications
Building Permit 7.36	Prior to erecting, altering, replacing, relocating, rebuilding, repairing, or restoring a principal or accessory building or structure	--	--	Building Official		180 days	--
Floodplain Development Permit 7.37	Prior to any development activities or land disturbance within a regulatory floodplain as shown on a Flood Insurance Rate Map (FIRM)	--	--	Floodplain Administrator		180 days	Article 5
On-Site Water or Wastewater Permit 7.38	Prior to land disturbing activities	--	--	City Engineer		180 days	Sec. 4.27
Sign Permit 7.39	Prior to constructing, installing, placing, or relocating a sign or modifying a sign's dimensions or illumination	--	--	Planning Director		2 years	Division 3.6
Temporary Use Permit 7.310	Prior to the operation of any temporary structure or use	--	--	Planning Director		1 year	Sec. 2.36
Certificate of Occupancy 7.311	Upon completion of construction or before a change in occupancy	--	--	Building Official		None	--
Written Interpretation 7.312	None	--	--	Planning Director		--	--
Minor Modification of an Approved Application 7.313	In order to make a limited modification to any numerical standard on an application that has already been approved but that has not received a Certificate of Occupancy	--	--	Development review body that made the initial approval		Same as application being modified	--
Right-of-Way License 7.314	Prior to laying, constructing, building, repairing or rebuilding any sidewalk, driveway, curb, or gutter on any street, alley, or thoroughfare	--	--	City Engineer		1 year	--
Easement Encroachment License 7.315	Prior to building, erecting, or constructing any building, structure, or edifice for any use or occupancy	--	--	City Engineer		--	--
MASTER PLANS, AMENDMENTS, AND SPECIAL USE APPLICATIONS: Require final decisions that establish or change the way the use, design, or development of land will occur on a site-specific, City-wide, or intermediate scale. Elected and appointed development review bodies make final decisions based on general considerations of fostering and preserving the public health, safety, and general welfare. Such final decisions are characterized by the exercise of broad discretion.
Master Development Plan 7.41	As part of a zoning map amendment to a PD or Cluster development	•	M P	Planning Director	[P&Z]	2 years	Article 2, Article 3
ULDC Text Amendment 7.42	Prior to a change of the text in this ULDC	--	P W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Zoning Map Amendment 7.43	Prior to establishing or expanding an activity, building type, or land use prohibited in the current zoning district	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Special Use Permit 7.44	Prior to construction and permitting of any land use that is designated as a special use	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	24 months if use is not established and / or Building Permit not issued	Article 2
Planned Unit Development 7.45	Prior to establishing a Planned Unit Development (PUD)	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	Sec. 2.25
VARIANCES AND ADMINISTRATIVE APPEALS: Require final decisions that provide interpretation of standards or establish the way design or development will occur on specific sites in manners that either vary from the standards of this ULDC or that are contested by an aggrieved party. Such final decisions are characterized by exercise of discretion.
Variance 7.51	Prior to or concurrent with submittal of a Site Plan, or Sign Permit	--	M P S W	1st: Planning Director	[BOA]	None	Article 3
Variance, Floodplain 7.52	Refer to procedures in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.
Appeal of Administrative Decision 7.53	Within 30 days after an appellant or their agent received notice or the action of the official that is the subject of the appeal	--	P M W	[BOA]		None	--
SUBDIVISION REVIEW APPLICATIONS: Require final decisions related to dividing larger tracts of land into smaller lots. City staff or legislatively appointed administrative bodies make final decision based on regulations in this ULDC and on technical requirements of various City departments, local and state agencies, and utilities.
Development Plat 7.61	Prior to development of a property that does not require a subdivision plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	6 months	--
Preliminary Plat 7.62	Prior to a Final Plat in order to subdivide land into five or more lots or lots that require the creation of a street or the expansion of municipal facilities	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	3 years	Article 4
Final Plat 7.63	Following approval of a Preliminary Plat	--		Planning Director	Planning Director	1 year if unrecorded; None after recordation	Article 4
Replat 7.64	Prior to changing the number of lots on a recorded Final Plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]³	2 years; None after recordation	Article 4
Vacating Plat 7.65	Prior to removing the force of a recorded plat covering a property or properties	•		1st: Development Review Committee 2nd: Planning Director	Administrative body that approved the original Minor, Amending, Replat, or Final Plat	2 years; None after recordation	--
Waiver 7.66	Prior or concurrent with submittal of a Preliminary Plat that varies from the subdivision design standards	--	P W	1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	Same as associated plat	Article 4
TABLE NOTES: 1. For complete notice requirements, see Sec. 7.25, Public Notice, and Sec. 7.26, Public Meetings and Hearings. 2. The time period in the "Expiration" column is measured from the date of the issued approval. Expiration occurs if the applicant does not commence the work prior to the expiration or does not diligently pursue completion of the project or the subsequent required approval. See Sec. 7.29, Inactive and Expired Applications. "Commence," for the purposes of this table, means the first City inspection of a development, such as the initial rough plumbing inspection. 3. A public hearing is required if the proposed replat requires a variance or exception, as mandated by Texas Local Government Code Section 212.015. If a public hearing is not required, the final action shall take place at a public meeting of the Planning and Zoning Commission.

Table 7.210-1 Summary of Procedures
• = Pre-Application Conference Required P = Published Notice Required M = Mailed Notice Required S = Signs Notice Required W = Website Notice Required P&Z = Planning and Zoning Commission CC = City Council BOA = Board of Adjustment DRC = Development Review Committee [ ] = Public Hearing Required
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Review Responsibilities		Expiration²	Cross-Reference
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Recommendation	Final Action	Expiration²	Cross-Reference
ADMINISTRATIVE APPLICATIONS: Require final decisions in which City staff apply the standards in this ULDC. Administrative applications typically require objective analysis by City staff and may involve the exercise of very limited discretion.
Administrative Adjustment 7.31	Concurrent with submittal of a Site Development Plan, Building Permit, or Sign Permit	--	--	Planning Director		2 years	--
Site Development Plan 7.32	Prior to any development of any use unless specifically exempted in this ULDC	--	--	Planning Director		2 years	Article 2, Article 3
Minor or Amending Plat 7.33	Prior to developing a minor subdivision or making a minor modification to a recorded plat	--	--	Planning Director		2 years; None after recordation	Article 4
Lot Consolidation 7.34	Prior to applying for a Building Permit	--	--	Planning Director		1 year if unrecorded; None after recordation	--
Construction Plans 7.35	Prior to site construction	--	--	City Engineer		2 years	Engineering Minimum Design Standards and Specifications
Building Permit 7.36	Prior to erecting, altering, replacing, relocating, rebuilding, repairing, or restoring a principal or accessory building or structure	--	--	Building Official		180 days	--
Floodplain Development Permit 7.37	Prior to any development activities or land disturbance within a regulatory floodplain as shown on a Flood Insurance Rate Map (FIRM)	--	--	Floodplain Administrator		180 days	Article 5
On-Site Water or Wastewater Permit 7.38	Prior to land disturbing activities	--	--	City Engineer		180 days	Sec. 4.27
Sign Permit 7.39	Prior to constructing, installing, placing, or relocating a sign or modifying a sign's dimensions or illumination	--	--	Planning Director		2 years	Division 3.6
Temporary Use Permit 7.310	Prior to the operation of any temporary structure or use	--	--	Planning Director		1 year	Sec. 2.36
Certificate of Occupancy 7.311	Upon completion of construction or before a change in occupancy	--	--	Building Official		None	--
Written Interpretation 7.312	None	--	--	Planning Director		--	--
Minor Modification of an Approved Application 7.313	In order to make a limited modification to any numerical standard on an application that has already been approved but that has not received a Certificate of Occupancy	--	--	Development review body that made the initial approval		Same as application being modified	--
Right-of-Way License 7.314	Prior to laying, constructing, building, repairing or rebuilding any sidewalk, driveway, curb, or gutter on any street, alley, or thoroughfare	--	--	City Engineer		1 year	--
Easement Encroachment License 7.315	Prior to building, erecting, or constructing any building, structure, or edifice for any use or occupancy	--	--	City Engineer		--	--
MASTER PLANS, AMENDMENTS, AND SPECIAL USE APPLICATIONS: Require final decisions that establish or change the way the use, design, or development of land will occur on a site-specific, City-wide, or intermediate scale. Elected and appointed development review bodies make final decisions based on general considerations of fostering and preserving the public health, safety, and general welfare. Such final decisions are characterized by the exercise of broad discretion.
Master Development Plan 7.41	As part of a zoning map amendment to a PD or Cluster development	•	M P	Planning Director	[P&Z]	2 years	Article 2, Article 3
ULDC Text Amendment 7.42	Prior to a change of the text in this ULDC	--	P W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Zoning Map Amendment 7.43	Prior to establishing or expanding an activity, building type, or land use prohibited in the current zoning district	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Special Use Permit 7.44	Prior to construction and permitting of any land use that is designated as a special use	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	24 months if use is not established and / or Building Permit not issued	Article 2
Planned Unit Development 7.45	Prior to establishing a Planned Unit Development (PUD)	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	Sec. 2.25
VARIANCES AND ADMINISTRATIVE APPEALS: Require final decisions that provide interpretation of standards or establish the way design or development will occur on specific sites in manners that either vary from the standards of this ULDC or that are contested by an aggrieved party. Such final decisions are characterized by exercise of discretion.
Variance 7.51	Prior to or concurrent with submittal of a Site Plan, or Sign Permit	--	M P S W	1st: Planning Director	[BOA]	None	Article 3
Variance, Floodplain 7.52	Refer to procedures in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.
Appeal of Administrative Decision 7.53	Within 30 days after an appellant or their agent received notice or the action of the official that is the subject of the appeal	--	P M W	[BOA]		None	--
SUBDIVISION REVIEW APPLICATIONS: Require final decisions related to dividing larger tracts of land into smaller lots. City staff or legislatively appointed administrative bodies make final decision based on regulations in this ULDC and on technical requirements of various City departments, local and state agencies, and utilities.
Development Plat 7.61	Prior to development of a property that does not require a subdivision plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	6 months	--
Preliminary Plat 7.62	Prior to a Final Plat in order to subdivide land into five or more lots or lots that require the creation of a street or the expansion of municipal facilities	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	3 years	Article 4
Final Plat 7.63	Following approval of a Preliminary Plat	--		Planning Director	Planning Director	1 year if unrecorded; None after recordation	Article 4
Replat 7.64	Prior to changing the number of lots on a recorded Final Plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]³	2 years; None after recordation	Article 4
Vacating Plat 7.65	Prior to removing the force of a recorded plat covering a property or properties	•		1st: Development Review Committee 2nd: Planning Director	Administrative body that approved the original Minor, Amending, Replat, or Final Plat	2 years; None after recordation	--
Waiver 7.66	Prior or concurrent with submittal of a Preliminary Plat that varies from the subdivision design standards	--	P W	1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	Same as associated plat	Article 4
TABLE NOTES: 1. For complete notice requirements, see Sec. 7.25, Public Notice, and Sec. 7.26, Public Meetings and Hearings. 2. The time period in the "Expiration" column is measured from the date of the issued approval. Expiration occurs if the applicant does not commence the work prior to the expiration or does not diligently pursue completion of the project or the subsequent required approval. See Sec. 7.29, Inactive and Expired Applications. "Commence," for the purposes of this table, means the first City inspection of a development, such as the initial rough plumbing inspection. 3. A public hearing is required if the proposed replat requires a variance or exception, as mandated by Texas Local Government Code Section 212.015. If a public hearing is not required, the final action shall take place at a public meeting of the Planning and Zoning Commission.

Table 7.210-1 Summary of Procedures
• = Pre-Application Conference Required P = Published Notice Required M = Mailed Notice Required S = Signs Notice Required W = Website Notice Required P&Z = Planning and Zoning Commission CC = City Council BOA = Board of Adjustment DRC = Development Review Committee [ ] = Public Hearing Required
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Review Responsibilities		Expiration²	Cross-Reference
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Recommendation	Final Action	Expiration²	Cross-Reference
ADMINISTRATIVE APPLICATIONS: Require final decisions in which City staff apply the standards in this ULDC. Administrative applications typically require objective analysis by City staff and may involve the exercise of very limited discretion.
Administrative Adjustment 7.31	Concurrent with submittal of a Site Development Plan, Building Permit, or Sign Permit	--	--	Planning Director		2 years	--
Site Development Plan 7.32	Prior to any development of any use unless specifically exempted in this ULDC	--	--	Planning Director		2 years	Article 2, Article 3
Minor or Amending Plat 7.33	Prior to developing a minor subdivision or making a minor modification to a recorded plat	--	--	Planning Director		2 years; None after recordation	Article 4
Lot Consolidation 7.34	Prior to applying for a Building Permit	--	--	Planning Director		1 year if unrecorded; None after recordation	--
Construction Plans 7.35	Prior to site construction	--	--	City Engineer		2 years	Engineering Minimum Design Standards and Specifications
Building Permit 7.36	Prior to erecting, altering, replacing, relocating, rebuilding, repairing, or restoring a principal or accessory building or structure	--	--	Building Official		180 days	--
Floodplain Development Permit 7.37	Prior to any development activities or land disturbance within a regulatory floodplain as shown on a Flood Insurance Rate Map (FIRM)	--	--	Floodplain Administrator		180 days	Article 5
On-Site Water or Wastewater Permit 7.38	Prior to land disturbing activities	--	--	City Engineer		180 days	Sec. 4.27
Sign Permit 7.39	Prior to constructing, installing, placing, or relocating a sign or modifying a sign's dimensions or illumination	--	--	Planning Director		2 years	Division 3.6
Temporary Use Permit 7.310	Prior to the operation of any temporary structure or use	--	--	Planning Director		1 year	Sec. 2.36
Certificate of Occupancy 7.311	Upon completion of construction or before a change in occupancy	--	--	Building Official		None	--
Written Interpretation 7.312	None	--	--	Planning Director		--	--
Minor Modification of an Approved Application 7.313	In order to make a limited modification to any numerical standard on an application that has already been approved but that has not received a Certificate of Occupancy	--	--	Development review body that made the initial approval		Same as application being modified	--
Right-of-Way License 7.314	Prior to laying, constructing, building, repairing or rebuilding any sidewalk, driveway, curb, or gutter on any street, alley, or thoroughfare	--	--	City Engineer		1 year	--
Easement Encroachment License 7.315	Prior to building, erecting, or constructing any building, structure, or edifice for any use or occupancy	--	--	City Engineer		--	--
MASTER PLANS, AMENDMENTS, AND SPECIAL USE APPLICATIONS: Require final decisions that establish or change the way the use, design, or development of land will occur on a site-specific, City-wide, or intermediate scale. Elected and appointed development review bodies make final decisions based on general considerations of fostering and preserving the public health, safety, and general welfare. Such final decisions are characterized by the exercise of broad discretion.
Master Development Plan 7.41	As part of a zoning map amendment to a PD or Cluster development	•	M P	Planning Director	[P&Z]	2 years	Article 2, Article 3
ULDC Text Amendment 7.42	Prior to a change of the text in this ULDC	--	P W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Zoning Map Amendment 7.43	Prior to establishing or expanding an activity, building type, or land use prohibited in the current zoning district	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Special Use Permit 7.44	Prior to construction and permitting of any land use that is designated as a special use	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	24 months if use is not established and / or Building Permit not issued	Article 2
Planned Unit Development 7.45	Prior to establishing a Planned Unit Development (PUD)	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	Sec. 2.25
VARIANCES AND ADMINISTRATIVE APPEALS: Require final decisions that provide interpretation of standards or establish the way design or development will occur on specific sites in manners that either vary from the standards of this ULDC or that are contested by an aggrieved party. Such final decisions are characterized by exercise of discretion.
Variance 7.51	Prior to or concurrent with submittal of a Site Plan, or Sign Permit	--	M P S W	1st: Planning Director	[BOA]	None	Article 3
Variance, Floodplain 7.52	Refer to procedures in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.
Appeal of Administrative Decision 7.53	Within 30 days after an appellant or their agent received notice or the action of the official that is the subject of the appeal	--	P M W	[BOA]		None	--
SUBDIVISION REVIEW APPLICATIONS: Require final decisions related to dividing larger tracts of land into smaller lots. City staff or legislatively appointed administrative bodies make final decision based on regulations in this ULDC and on technical requirements of various City departments, local and state agencies, and utilities.
Development Plat 7.61	Prior to development of a property that does not require a subdivision plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	6 months	--
Preliminary Plat 7.62	Prior to a Final Plat in order to subdivide land into five or more lots or lots that require the creation of a street or the expansion of municipal facilities	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	3 years	Article 4
Final Plat 7.63	Following approval of a Preliminary Plat	--		Planning Director	Planning Director	1 year if unrecorded; None after recordation	Article 4
Replat 7.64	Prior to changing the number of lots on a recorded Final Plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]³	2 years; None after recordation	Article 4
Vacating Plat 7.65	Prior to removing the force of a recorded plat covering a property or properties	•		1st: Development Review Committee 2nd: Planning Director	Administrative body that approved the original Minor, Amending, Replat, or Final Plat	2 years; None after recordation	--
Waiver 7.66	Prior or concurrent with submittal of a Preliminary Plat that varies from the subdivision design standards	--	P W	1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	Same as associated plat	Article 4
TABLE NOTES: 1. For complete notice requirements, see Sec. 7.25, Public Notice, and Sec. 7.26, Public Meetings and Hearings. 2. The time period in the "Expiration" column is measured from the date of the issued approval. Expiration occurs if the applicant does not commence the work prior to the expiration or does not diligently pursue completion of the project or the subsequent required approval. See Sec. 7.29, Inactive and Expired Applications. "Commence," for the purposes of this table, means the first City inspection of a development, such as the initial rough plumbing inspection. 3. A public hearing is required if the proposed replat requires a variance or exception, as mandated by Texas Local Government Code Section 212.015. If a public hearing is not required, the final action shall take place at a public meeting of the Planning and Zoning Commission.

(Ordinance No. 16,024, 12/12/2024)

Effective on: 1/1/2025

Sec. 7.31 Administrative Adjustment

Generally. In addition to the applicable required procedures in Division 7.2, Common Review Procedures, the following shall apply to an Administrative Adjustment.

Purpose.

1.
Changes of Modifications. An Administrative Adjustment may allow small changes or modifications to certain standards of a proposed development that may be approved by the Planning Director.
2.
Percentage. The Planning Director may approve minor modifications of any numeric standard in this ULDC up to a maximum of 10 percent when there are practical difficulties in applying the development standards for a project that otherwise complies with the standards of this ULDC.
3.
Variance Reference. Requested adjustments greater than 10 percent shall be submitted and reviewed as a variance in accordance with Sec. 7.45, Variance.

Specific Decision Criteria.

1.
Review and Decision. In determining whether to approve, approve with conditions, or deny a site development plan, the review bodies shall consider the applicable common decision criteria in Sec. 7.24 and the following:
1. a.
  Maximum Percentage. The requested adjustment does not exceed 10 percent of the minimum requirements.
2. b.
  Hardship. The hardship, if any, under which the adjustment is sought, was not created by the owner or occupant of the subject property, nor was it suffered as a result of a violation of this ULDC or any other applicable code of the City.
3. c.
  Minimum Necessary. The adjustment shall be the minimum necessary to grant relief from a demonstrated hardship.
4. d.
  Adjoining Property. The adjustment shall not substantially impair the permitted use or development of adjoining property.
2.
Affirmative Findings. In order to approve an administrative adjustment, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

Effective on: 1/1/1901

Sec. 7.32 Site Development Plan

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Site Development Plan, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following

1.
Infrastructure Capacity. The proposed development does not exceed the capacity of existing and planned infrastructure and public services including, but not limited to, systems for water, sewer, drainage, transportation, solid waste removal, and public safety;
2.
Circulation, Accessibility, and Compatibility. The design of the project provides for vehicle and pedestrian accessibility and circulation within, out of, and into the development and appropriate compatibility and buffering between the development, surrounding land uses (existing or planned), and the natural environment; and
3.
Hazards and Nuisances. The proposed development protects public health and safety against natural and man-made hazards and nuisances which include, but are not limited to, traffic noise, water pollution, and flooding.

Effect. Approval of a Site Development Plan authorizes the applicant to proceed with development of the site as proposed in the Site Development Plan. It does not directly authorize development if other approvals are required by this ULDC.

Effective on: 1/1/1901

Sec. 7.33 Minor or Amending Plat

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Minor or Amending Plat, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:

1.
Number of Lots. The Minor Plat is proposed for the creation of four or fewer lots.
2.
Existing Street. Each lot in the Minor Plat has frontage on an existing public street without the need for the creation or extension of a new public street.
3.
Existing Utilities. Existing public utilities of adequate capacity serve the entirety of the subject property in the Minor Plat without the need for an extension.
4.
TLGC Reference. The purpose of the Amending Plat is solely one or more of those listed in TLGC Sec. 212.016.

Specific Review Procedures. In order to approve a Minor or Amending Plat, the final decision-making body established in Table 7.210-1, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effective on: 1/1/1901

Sec. 7.34 Lot Consolidation

Record of Survey. The applicant must include a record of survey by a professional land surveyor that shows the consolidation of the lots into a single parcel and meets the requirements of a boundary line adjustment under Texas Local Government Code Sec. 212.016.

Specific Review Procedures.

1.
Lot Consolidation in Lieu of Record of Survey. The Planning Director may determine that a Lot Consolidation application may be used instead of a record of survey if:
1. a.
  The lots were created by a map before the County adopted a subdivision approval process;
2. b.
  The consolidation of the lots will result in elimination of potential water well; or
3. c.
  The consolidation of the lots will reduce the density of the lots or bring the lots into conformance with existing zoning.
2.
Application Requirements. The application for the administrative Lot Consolidation procedure must include:
1. a.
  A completed development application;
2. b.
  A completed Lot Consolidation agreement with Harris and Chambers County; and
3. c.
  An eight and one-half-inch by eleven-inch plot plan drawn to show the lots with identifying legal description and measurement of the property.
3.
Map Requirements. The map must:
1. a.
  Include an arrow indicating north on the plot plan.
2. b.
  Identify the lot, block, adjacent roadways, access roads, and easements.
3. c.
  Show the two or more adjoining lots with middle lines designated for removal as a dotted line.
4.
Recording Requirements. The plot plan and the Lot Consolidation agreement must meet the general recording requirements of Texas Local Government Code Sec. 212.016.
5.
Affirmative Findings. In order to approve a Lot Consolidation, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Lot Consolidation, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and must consider if the request will result in no substantial or undue adverse effect on adjacent properties, the character of the neighborhood, traffic conditions, parking, public improvements, public sites, or right-of-way, or other matters affecting the public health, safety, and general welfare.

Final Approval and Recording Procedures.

1.
Recordation. When the Planning Director approves a Lot Consolidation, either a record of survey or a Lot Consolidation agreement and plot plan must be recorded in the office of the County Clerk.
2.
Effective Date. Lot Consolidations become effective upon the Lot Consolidation being recorded. This Lot Consolidation process will not affect any existing easement or dedication of record.

Further Subdivision of a Consolidated Lot. Any further subdivision of a Consolidated Lot using this section must be done by subdivision map, parcel map, or division into large parcels and meet the requirements of this title and Texas Local Government Code Sec. 212.016.

Effective on: 1/1/1901

Sec. 7.35 Construction Plans

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny Construction Plans, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and conform to the City's Engineering Minimum Design Standards and Specifications.

Specific Review Procedures. In order to approve Construction Plans, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effective on: 1/1/1901

Sec. 7.36 Building Permit

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Building Permit, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and complies with the City's Building Code.

Specific Review Procedures. In order to approve a Building Permit, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effective on: 1/1/1901

Sec. 7.37 Floodplain Development Permit

Procedures for a Floodplain Development Permit are outlined in Chapter 110, Article II, Division 2, Sec. 110-69, Floodplain Development Permit Procedures, of the City's Code of Ordinances.

Effective on: 1/1/1901

Sec. 7.38 On-Site Water or Wastewater Permit

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny an On-Site Water or Wastewater Permit, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:

1.
TCEQ. The development complies with the requirements of the Texas Commission on Environmental Quality.
2.
Code of Ordinances. The development fails to meet applicable standards for public wastewater connections in Sec. 4.27, Public Water and Wastewater Systems.
3.
Impact on Surroundings.
1. a.
  The impact on surrounding properties and environmentally sensitive areas adjacent to the development is minimal; and
2. b.
  The impact on surrounding properties' ability to develop with suitable access to wastewater facilities is minimal.
4.
Lot Characteristics. The total number of lots, size of lots, and overall density of the development is suitable for on-site wastewater;
5.
Environmental Factors. The suitability of the soil conditions, topography, and other environmental factors affecting the development for the installation of the individual on-site wastewater disposal systems;
6.
Master Plans. The proposal complies with the City’s wastewater collection system master plans;
7.
Economic Feasibility. The subject property is greater than 180 feet from the existing wastewater collection system.

Specific Review Procedures. In order to approve an On-Site Wastewater Permit, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effective on: 1/1/1901

Sec. 7.39 Sign Permit

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Sign Permit, the review bodies shall consider the applicable common decision criteria in 7.24, Common Decision Criteria, and the following:

1.
The sign does not substantially impede the flow of surface water.
2.
The sign is compliant with any other applicable requirements of the City of Baytown Code of Ordinances; and
3.
The sign conforms to the standards set out in Division 3.6, Signs.

Specific Review Procedures. In order to approve a Sign Permit, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effective on: 1/1/1901

Sec. 7.310 Temporary Use Permit

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Temporary Use Permit, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:

1.
Temporary Use Standards. The applicable standards detailed in Sec. 2.36, Temporary Use Standards.
2.
Size and Safety of Event. The Planning Director may deny a permit if the use is too large to be safe for the site, neighborhood, street, or infrastructure.

Specific Review Procedures.

1.
Additional Conditions. The Planning Director, in coordination with other City staff, may establish additional conditions that are desirable to ensure land use compatibility or minimize potential adverse impacts on neighboring properties, public streets, or the City as a whole. These may include, but are not limited to, the following:
1. a.
  Hours of Operation. The modification of or restrictions on hours of operation;
2. b.
  Clean Up. Posting of a performance bond to ensure clean-up and removal of signs, equipment, trash, and other similar items; and
3. c.
  Attendance. Limitations on the attendance of an event.
2.
Affirmative Findings. In order to approve a Sign Permit, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effect. Approval of a Temporary Use Permit authorizes the temporary activities on the property that is subject to the permit.

Effective on: 1/1/1901

Sec. 7.311 Certificate of Occupancy

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Certificate of Occupancy, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria.

Specific Review Procedures. In order to issue a Certificate of Occupancy, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Residential and Accessory Structures. Construction associated with single-unit detached and duplex dwellings under the scope of the International Residential Code shall be exempt from requirements for a Certificate of Occupancy; however, such buildings shall not be occupied or used until released by the Building Official after approval of all required inspections. Such approval is subject to revocation by the Building Official in the same manner as that for Certificates of Occupancy.

Effective on: 1/1/1901

Sec. 7.312 Written Interpretation

Specific Decision Procedures. The procedures outlined in Division 7.2, Common Review Procedures, shall apply.

Specific Review Criteria. The Planning Director may base the interpretation on one or more of the following:

1.
Other Sources. Sources outside of the ULDC that provide additional information on the provision in question, such as technical or professional literature.
2.
Legislative History. The legislative history of the provision.
3.
Other Interpretations. Other interpretations rendered by the Planning Director associated with the same or related provisions of this ULDC.
4.
Law. Any provision of this ULDC, state law, or federal law that are related to the same subject matter.
5.
Purpose Statements. The purpose statement for the ULDC Article, Division, or Section.
6.
Word Meanings.
1. a.
  The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in a dictionary of common usage;
2. b.
  The provisions of Article 10, Word Usage; and
3. c.
  Any technical meanings of words used in the provision and in context with the meaning of the provision.
7.
Materials or Scenario. The materials or scenario posed by the applicant.

Effect.

1.
No Legal Advice. No written interpretation shall be construed as legal advice.
2.
Final Decision. For purposes of appeal, a Written Interpretation is deemed a final decision. An appeal of a Written Interpretation shall take place in accordance with Sec. 7.28, Appeals.
3.
Recordkeeping. The Planning Director shall keep records of interpretations made pursuant to this Section.

Effective on: 1/1/1901

Sec. 7.313 Minor Modification of an Approved Application

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Minor Modification of an Approved Application, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:

1.
Application Type. The approved application being modified is Site Development Plan, Master Development Plan, Temporary Use Permit, or Variance;
2.
Gross Floor Area (GFA). An addition to a structure does not exceed 10 percent of the previously approved total GFA of the structure;
3.
Height. Additional height of a structure does not exceed 10 percent of the previously approved height.
4.
Position. A shift in a structure's position is less than 10 feet and does not encroach into a required setback or an easement;
5.
Density. The overall density of the project does not increase as a result of the change in GFA, height, or position; and
6.
Condition of Approval. The proposal does not violate a condition of approval for the original application.

Specific Review Procedures.

1.
All Other Modifications. All other modifications that do not meet the specific review criteria in paragraph (A), above, shall require submittal of a new application.
2.
Affirmative Findings. In order to approve a Minor Modification of an Approved Application, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effect. Approving a Minor Modification of an Approved Application shall authorize only the particular deviations from the original approved application to the extent provided in the approval of the Minor Modification.

Effective on: 1/1/1901

Sec. 7.314 Right-of-Way License

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Right-of-Way License, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and any other applicable standards or conditions imposed throughout the review process for the project.

Specific Review Procedures.

1.
Affirmative Findings. In order to issue a Right-of-Way License, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.
2.
Application Requirements. No person shall lay, construct, build, repair, or rebuild any sidewalk, driveway, curb, or gutter on any street, alley, or thoroughfare within the city without:
1. a.
  Applying to the Planning Director for a license to do such work;
2. b.
  Paying a license fee of $10.00; and
3. c.
  Obtaining a permit from the Planning Director to do such work.

Effective on: 1/1/1901

Sec. 7.315 Easement Encroachment License

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny an Encroachment License, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and any other applicable standards or conditions imposed throughout the review process for the project.

Specific Review Procedures.

1.
Affirmative Findings. In order to issue an Easement Encroachment License, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.
2.
Application Requirements. Application for a permit required under this Section shall be addressed in writing to the Planning Director, and the applicant shall set forth the following:
1. a.
  The name and address of the person seeking the permit;
2. b.
  The name and address of the contractor employed to do the work, if any;
3. c.
  The nature of the building, structure, or edifice proposed to be erected, including the type of construction proposed;
4. d.
  The use or occupancy to which such proposed building is to be placed;
5. e.
  The name of the subdivision, if any, and the lot and block number where it is proposed to be built; and
6. f.
  Whether or not such proposed building, structure, or edifice or any part thereof will be in, upon, over, or across any easement granted to the City or upon, over, or across any privately constructed sanitary sewer, storm sewer, water main, or electric line conduit of which the applicant has actual or constructive notice.

Effect.

1.
Appeal from Denial. If the City Engineer refuses to grant a permit required under this Section, the applicant may have such action reviewed by an appeal to the City Council in writing within ten days after the decision of the City Engineer is published. The hearing on the appeal to the City Council shall be de novo, and the decision of the City Council shall be final.
2.
Permit to Maintain when Construction Permit not Obtained. If it appears to the City Engineer, upon written application by any person, that a building, structure, or other edifice has been constructed upon or across any sanitary sewer, storm sewer, water main, or easement granted for the purpose of constructing and maintaining such utilities and that such construction was done without the required permit through inadvertence, mistake, or ignorance of the existence, the City Engineer is empowered to issue a permit to maintain such building, structure, or edifice, provided that, upon investigation, the City Engineer is satisfied that a permit would have been granted in the initial instance prior to construction. If the City Engineer refuses to issue the permit to maintain as provided in this section, the applicant shall have the same right to appeal to the City Council as provided in Paragraph C.1.

Effective on: 1/1/1901

Sec. 7.41 Master Development Plan

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Master Development Plan, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:

1.
Phasing. The development is phased in a manner that assures an adequate mixture of residential and nonresidential land uses, for a Planned Unit Development, and allows for transition from the early phases to completion, relating to the intensity of uses and parking.
2.
Undeveloped Space. Together with the developed areas, the undeveloped spaces devoted to natural resource preservation, buffering of uses, and for passive and active recreational use are continuous throughout the development and where appropriate may double as stormwater best management practices.
3.
Streets and Parking. The streets are designed in conformance with Article III, Streets, of Chapter 109 of the Code of Ordinances, and, where appropriate, for multi-modal purposes, including being used as access and transit ways, for on-street parking, and safe use of pedestrians and bicyclists, and the parking is well-distributed and designed to preserve an urban streetscape for a Planned Unit Development, where the context is appropriate.
4.
Walkability. For Planned Unit Developments, the connections within and between buildings, civic spaces, parking areas, and to the surrounding development; the presence of amenities and other pedestrian improvements; and the proximity of origins and destinations both internal and external to the development are such that walking and bicycling are safe and viable modes of transportation.
5.
Quality Design. The design of buildings and hardscape and landscape areas help to establish visual interest, aesthetic appeal, and a unique identity for the development, including as key considerations human-scale amenities, integration of civic and open spaces for public interaction, and protection from the environmental elements.
6.
Building Form and Massing. For Planned Unit Developments, the placement, arrangement, size, and relationships of buildings relative to streets, pedestrian and civic spaces, and one another create an urban environment.
7.
Site Layout. The subject property is laid out in an efficient manner relative to the natural and built environments and designed to achieve the aims of a compact, highly walkable environment, whether through traditional sidewalks and walkways for Planned Unit Developments or through trails for cluster developments.

B.
Effect. Upon approval, all subsequent site development plans and other permits shall clearly demonstrate consistency and conformance with the adopted Master Development Plan.

Effective on: 1/1/1901

Sec. 7.42 ULDC Text Amendment

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a ULDC Text Amendment, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:

1.
Impact Mitigation. The proposal helps to mitigate adverse impacts of the use and development of land on the natural or built environments, including, but not limited to, mobility, air quality, water quality, noise levels, stormwater management, and vegetation, or will be neutral with respect to these issues;
2.
Changing Condition. The amendment is necessary to address a changing condition that was not anticipated in the Comprehensive Plan or this ULDC; and
3.
Strategic Objectives. The proposal advances the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.

Specific Review Procedures.

1.
Minor Updates and Changes. If necessary, the Planning Director may, with approval on the Planning and Zoning Commission as a Consent Agenda item:
1. a.
  Correct spelling or punctuation errors;
2. b.
  Make cross-reference changes (because another section of this ULDC or the City's Code of Ordinances has been moved or changed);
3. c.
  Correct cross-reference errors; and
4. d.
  Update graphics and images that do not change any substantive standards of this ULDC.
2.
Significant Changes. If the Planning and Zoning Commission deems the proposed changes by the Planning Director to be significant, then the Planning Director may pursue a formal Text Amendment in accordance with this Section.

Effect.

1.
No Retroactive Cure of Violations. The amendment of the text of this ULDC may transform a legally nonconforming situation into a conforming one. However, no text amendment shall be considered for the sole purpose of curing a violation of any part of this ULDC.
2.
Effective Date. Approval of a ULDC Text Amendment shall take effect upon the effective date of the ordinance or resolution approving the amendment.

Effective on: 1/1/1901

Sec. 7.43 Zoning Map Amendment

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Zoning Map Amendment, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following. All of the following criteria shall be applied by the Planning Director, the Planning and Zoning Commission and the City Council in the review of requests for Rezoning or Zoning Map Amendment.

1. 1.
  Changed Conditions. There are changed conditions;
2. 2.
  No Adverse Impacts on the Natural Environment. The Zoning Map Amendment would not result in adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater quality, wildlife, vegetation, and wetlands; and
3. 3.
  Addresses Community Need. The application addresses a demonstrated community need.

B.
Specific Review Procedures.
1. 1.
  Recommendation of Denial of Rezoning Request. If the Planning and Zoning Commission recommends denial of a Zoning Map Amendment, the City Council shall only approve the request with a three-fourths majority vote of all voting members (present and absent) of City Council.
2. 2.
  Protest Against Rezoning. A Zoning Map Amendment shall not become effective except by a favorable vote of three-fourths of all members of the City Council if either of the following sign a valid protest against the amendment:
  1. a.
    Owners of 20 percent or more of the land included in such proposed Amendment; or
  2. b.
    Owners of 20 percent of the land within 200 feet of the subject property. The land area within this radius includes any intervening public street or alley.
C.
Effect. Approval of a Zoning Map Amendment shall take effect upon the effective date of the resolution approving the amendment.

Effective on: 1/1/1901

Sec. 7.44 Special Use Permit

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Special Use Permit (SUP), the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:

1.
SUP Standards. All the standards of Sec. 2.34, Special Use Standards, as applied to the proposed special use are met;

1. 2.
  Nuisance Prevention. Adequate nuisance prevention measures will be taken and maintained to prevent or control offensive odor, fumes, dust, light, noise, and vibration prior to the issuance of a Certificate of Occupancy;
2. 3.
  Harmony. There are sufficient landscaping, screening, setbacks, and other land use measures to ensure harmony and compatibility with adjacent property; and

1. 3.
  Additional Requirements. The site plan meets the criteria set forth in Paragraph (B) below.

B.
Additional Criteria for Special Use Permits. The Planning and Zoning Commission may recommend and the City Council may adopt other conditions on any Special Use Permit application that are needed to protect the public health, safety and welfare, including, but not limited to, hours of operation and additional landscape or parking requirements.
1. 1.
  Occupation, Construction, Alteration, Extension, or Expansion. It shall be unlawful for any person to occupy, construct, alter, extend or expand any use within a zoning district which permits that use only as a special use unless a Special Use Permit has first been issued by the City Council for the specific occupation, construction, alteration, extension or expansion of the proposed use in accordance with the provisions of this Section. If approved, the permit shall be issued specifically to the person named in the application for the permit and shall not be transferred without providing prior written notification to the Planning Director.
2. 2.
  Compliance and Documentation. All uses that receive a Special Use Permit as required under this Section shall meet all applicable regulatory requirements of the state and federal government and shall meet all applicable requirements of this and other pertinent ordinances of the City. Applicants for Special Use Permits shall provide documentation that identifies all applicable federal and state licensing requirements for the proposed facilities at the time of application. Copies of the documentation from the state or federal agencies indicating compliance (i.e. licenses or certificates) shall be provided to the City no later than 60 days of issuance of the compliance documents.
3. 3.
  Location Determination. Prior to leasing or purchasing facilities, potential heavy industrial use developers are strongly encouraged to meet with the Planning Director to determine if the location will require a Special Use Permit or other approvals and to review the merits of potential locations.
4. 4.
  Site Plan Required. All applications for a Special Use Permit shall be filed with the Planning Director. The application shall be accompanied by a site plan which, along with the application, will become a part of the Special Use Permit, if approved. The accompanying site plan shall provide the following information:
  1. a.
    For recreational vehicle parks:
    i.
    General layout of the development; and
    ii.
    Number of recreational vehicle stands; or
  2. b.
    For all other developments requiring a Special Use Permits:
    i.
    Data describing all processes and activities involved with the proposed use;
    ii.
    Data showing compliance with the conditions listed in 2.34, Special Use Standards;
    iii.
    Site plan showing lot size and boundaries drawn to scale;
    iv.
    The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height, roofline and gross floor area of any such building or structure, walls, fences, and buffering. All items on site plan shall be dimensioned;
    v.
    The location of existing natural and manmade stormwater facilities and significant natural features;
    vi.
    Proposed wastewater facilities and points of discharge;
    vii.
    Proposed landscaping and screening buffers;
    viii.
    The location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities, and outdoor trash storage facilities;
    ix.
    Traffic impact analysis, unless the applicant secures a written waiver from the City Engineer stating that the proposed use will have no significant impact on the City's traffic system; and
    x.
    Anticipated permits required regarding pollutants, wetlands and hazardous materials.
5. 5.
  Technical Expert. When a Special Use Permit is required to comply with the provisions of this ULDC and when the technical information provided by the applicant is beyond the technical capacity of the City staff to review the application, in addition to the usual application fee, the applicant shall reimburse the City for the actual cost to the City for the services of a technical expert to review the application and/or information supplement. The Planning Director shall notify the applicant in writing at least five working days prior to hiring a technical expert so that the applicant has the opportunity to withdraw his application or provide feedback on the hiring of the technical expert.
C.
Specific Review Procedures.
1. 1.
  Application. In addition to requirements in Sec. 7.22, Application Submittal, Fees, and Completeness, SUP applications shall include the following substantive information:
  1. a.
    The grounds on which the special use is requested;
  2. b.
    A site plan; and
  3. c.
    A statement regarding how the proposed special use meets all applicable requirements of this ULDC.
2. 2.
  Simultaneous Processing. An application for a SUP may be processed simultaneously with other required applications, such as a Zoning Map Amendment, and approval of the other applications may be a condition of approval of the SUP. However, each application shall be processed on its own independent merits according to the standards applicable to the application.
3. 3.
  Conditions of Approval.
  1. a.
    Generally. In addition to the general requirements listed above, uses requiring a SUP shall be subject to the imposition of conditions for each use outlined below:
    i.
    Assurance that the special use is developed exactly as presented in drawings, exhibits, and assertions made at the hearings.
    ii.
    Limit uses, reduce density, and/or increase open space, landscaped surfaces, or environmental protection to ensure that the special use is consistent with the area's character or adequately protects the use and enjoyment of neighboring property.
    iii.
    Limit the length of time a special use may exist or provide for periodic review of the appropriateness of the use, or provide for eventual elimination of the use.
    iv.
    Impose conditions on hours of operation and the use of outdoor lighting.
    v.
    Impose any other conditions that ensure the general purposes, goals, and objectives of the Comprehensive Plan and this Code are met.
    vi.
    Prevent or minimize adverse effects from the proposed special use and development on other properties in the neighborhood and on the public health, safety, and welfare.
  2. b.
    Acceptance of Conditions.
    i.
    All conditions and restrictions shall be provided in writing to the applicant within three days of approval by the City Council.
    ii.
    The applicant shall submit a written statement agreeing to the approval and all conditions within ten days of the date of the written notice of the conditions and restrictions.
    iii.
    If the conditions are accepted, the project is approved. If no agreement is offered or if the conditions are rejected, the application is denied.
4. 4.
  Amendment of SUP Approval. No use or activity permitted as a SUP shall be enlarged or extended beyond the limits authorized in the grant of special use approval. All enlargements, extensions, and changes in use shall require a new application for a special use to reflect the change(s).
5. 5.
  Revocation. The Planning Director may revoke a Special Use Permit if it is determined that any of the following are true:
  1. a.
    The applicants have misrepresented any material fact on their application, or supporting materials;
  2. b.
    The special use fails or ceases to comply with applicable standards, conditions or criteria for issuance of a permit;
  3. c.
    The operation of the special use violates any statute, law, ordinance or regulation; or
  4. d.
    The operation of the special use constitutes a nuisance or poses a real or potential threat to the health, safety or welfare of the public.
6. 6.
  Expiration. A lapse of a period greater than 24 months from the date of City Council approval causes the Special Use Permit and all related approvals or permits to expire and be of no further force and effect unless one of the following conditions are met:
  1. a.
    The holder of the Special Use Permit is issued a Certificate of Occupancy for the use specified in the Special Use Permit;
  2. b.
    If no Certificate of Occupancy is required, the holder of the Special Use Permit is issued a Certificate of Completion for the use specified in the Special Use Permit; or
  3. c.
    In projects where the use will be established on the property in phases, the applicant may submit a series of permit applications to prevent the Special Use Permit from expiring. The phasing plan must be annotated on the application for the Special Use Permit. The first Certificate of Occupancy or completion must be issued within 24 months of Special Use Permit approval. No more than 24 months shall pass between subsequent issuances of Certificates of Occupancy or Completion until the project specified in the Special Use Permit is complete.
  4. d.
    If expired, a new Special Use Permit application must be submitted and approved before engaging in the use.
7. 7.
  Discontinuation of Use. A Special Use Permit shall expire 12 months following the discontinuation of the use for which the Special Use Permit was approved.
D.
Effect of Decision.
1. 1.
  Authorization. An approved SUP authorizes a use or structure according to specific standards set out in this ULDC and conditions of approval. Approval of a special use does not directly authorize development if other approvals are also required by this ULDC. Therefore, development approved by a special use shall not be carried out until the applicant has secured all other development approvals required by this ULDC.
2. 2.
  Official Zoning Map Annotation. Upon approval of a SUP, the Planning Director shall indicate the same in the proper place on the Official Zoning Map by use of an appropriate code number or symbol.
3. 3.
  Transferability. A SUP is not transferable between property owners or between operators or applicants unless the City Council stipulates as such as part of its approval of the SUP.

Effective on: 1/1/1901

Sec. 7.45 Planned Unit Development

Detail Plan Requirements. The application for PUD district must have a Detail Plan, which shall include the following:

1.
Purpose. The Detail Plan contains the details of development for the property;
2.
Relation to the Comprehensive Plan. A general statement setting forth how the proposed development will relate to the City's Comprehensive Plan and the degree to which it is or is not consistent with the Comprehensive Plan and the proposed base zoning district;
3.
Acreage. The total acreage in the plan as shown by a survey or plat, certified by a registered professional land surveyor;
4.
Land Uses. Permitted uses, specified in detail, and the acreage for each use;
5.
Off-Site Information. Adjacent or surrounding land uses, zoning, streets, drainage facilities, and other existing or proposed off-site improvements, sufficient to demonstrate the relationship and compatibility of the development to the surrounding properties, uses, and facilities;
6.
Traffic and Transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the development, and the traffic generated by the proposed uses. Identify the relationship of each proposed street to the City's major thoroughfare plan;
7.
Development Standards. Development standards, if different from the base zoning district, for each proposed land use, as follows:
1. a.
  Minimum lot area;
2. b.
  Minimum lot width and depth;
3. c.
  Minimum front, side, and rear building setback areas;
4. d.
  Maximum height of buildings;
5. e.
  Maximum lot coverage;
6. f.
  Maximum floor-to-area ratios for nonresidential uses;
7. g.
  Minimum parking standards for each general land use; and
8. h.
  Other standards as deemed appropriate.
8.
Existing Conditions. On a scaled map sufficient to determine detail, the following shall be shown for the area within the proposed development:
1. a.
  Existing streets;
2. b.
  Existing 100-year floodplain, floodway, and major drainage ways;
3. c.
  Zoning districts within and adjacent to the proposed development;
4. d.
  Land use; and
5. e.
  Utilities, including water, wastewater, and electric lines.
9.
Buildings. The locations, maximum height, maximum floor area, and minimum setbacks for all nonresidential buildings;
10.
Residential Development. The numbers, location, and dimensions of the lots, the minimum setbacks, the number of dwelling units, and number of units per acre (density);
11.
Water and Drainage. The location of all creeks, ponds, lakes, floodplains or other water retention, or major drainage facilities and improvements;
12.
Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the development;
13.
Open Space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be for public or private use;
14.
Sidewalks and Bike Paths. Sidewalks or other improved ways for pedestrian or bicycle use;
15.
Landscape Plan. A landscape plan; and
16.
Phasing Schedule. A development larger than 100 acres shall provide a phasing schedule depicting the construction phases.

Approval and Modification of Detail Plan and PUD. The City Council may approve by ordinance a Detail Plan and the creation of a PUD based upon a Detail Plan. The Detail Plan shall be made part of the ordinance establishing the PUD. Upon approval the PUD shall be indicated on the Zoning Map. The development standards and requirements delineated in the Detail Plan shall be binding. Substantive modifications in these regulations or the Detail Plan may be granted by the Council if the Council finds that such modifications are in the public interest, are in harmony with the purposes of this ULDC, and will not adversely affect nearby properties. Minor Modifications may be granted in accordance with 7.313, Minor Modifications of an Approved Application.

Review of Progress and Termination of Detail Plan. Annually, on or about the time of the original City Council approval, the Planning and Zoning Commission may review progress on the development. If the Planning and Zoning Commission does not find that the developer has made measurable progress on the development, then the Planning and Zoning Commission may recommend to the City Council to remove the PUD designation from the property in accordance with Sec. 7.43, Zoning Map Amendment.

Deviation from Code Standards. The City Council may approve a PUD or detail plan with deviations from any provision in this ULDC. Such deviations shall be listed or shown as part of the ordinance that approves the detail plan or PUD. The focus shall be on the provision of private open space, trails and connections to the public trail system, higher standards for site design, and the provision of other amenities such as community buildings, preservation of view corridors, for example.

(Ordinance No. 16,024, 12/12/2024)

Effective on: 1/1/2025

Sec. 7.51 Variance

Prohibitions and Exceptions. Some requests for relief are not within the jurisdiction of the Board of Adjustment and are, therefore, either prohibited or not subject to this Section. These requests are:

1.
Use and Sign Type Variances. Variances are prohibited that would allow a land use or a sign type in a zoning district in which the use or sign type is prohibited.
2.
Variances to Other Laws or Regulations. Variances to state or federal laws or to regulations outside of this ULDC are not subject to this Section.
3.
Conditions of Approval. An applicant may seek modifications to conditions of approval on an approved application. Such requests shall be subject to the review procedures of a new application.
4.
Parking Credits and Reductions. Adjustments to the number of parking spaces required are not subject to this Section and may only be authorized in accordance with Sec. 3.35, Parking Credits and Reductions.
5.
Subdivision Standards. Relief from the requirements of Article 4, Subdivision Design, is not subject to this Section and may only be authorized in accordance with Sec. 7.66, Waiver.

Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Variance, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:

1.
Variances for Signs. Criteria for Variance requests regarding signs are outlined in Division 3.6, Signs, of this ULDC.
2.
Other Variances. To approve the application, affirmative findings shall be made of all applicable criteria, including the following:
1. a.
  Special Circumstances or Conditions Exist. There are special circumstances or conditions existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions, and location that do not apply generally to other property in the same area and in the same zoning district;
2. b.
  Not Created by Applicant and Not Financial. The special circumstances or conditions existing on the property were not created by the applicant and are not merely financial;
3. c.
  Use of Property. Such special circumstances or conditions existing on the property on which the application is made deprive the applicant of the same rights in the use of his property that are presently enjoyed by other owners of properties located in the vicinity and same zoning district;
4. d.
  Will Not Adversely Affect Land Use Pattern. Granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the City's Comprehensive Plan; and
5. e.
  Not Detrimental to Public. Granting of a variance will not be detrimental to the public health, safety, or welfare or injurious to the use, enjoyment, or value of other property in the vicinity.

Specific Review Procedures.

1.
Procedures. Procedures for Variance requests regarding signs are outlined in Division 3.6, Signs, of this ULDC.
2.
Affirmative Findings. In order to approve a Variance, the final decision-making body established in Sec. 7.11, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effect.

1.
Particular Variation. Issuance of a Variance shall authorize only the particular variation that is approved in the variance request.
2.
Property Ownership. A Variance shall run with the land and not be affected by a change in ownership.
3.
Other Approvals. Approval of a Variance does not guarantee that the development shall receive subsequent approval for other development review applications unless the relevant and applicable portions of this ULDC or any other applicable provisions are met.

Effective on: 1/1/1901

Sec. 7.52 Variance, Floodplain

Procedures for Variance, Floodplain are outlined in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.

Effective on: 1/1/1901

Sec. 7.53 Appeal of Administrative Decision

Specific Decision Criteria. In determining whether to affirm, partially affirm, or reverse an Appeal of Administrative Decision, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:

1.
Record and Evidence. The administrative decision was appropriate considering the written record of the case and the evidence presented; and
2.
Ordinance Requirements. The decision reflects the requirements contained in this ULDC.

Specific Review Procedures.

1.
Transmission of Records. The staff person whose decision is appealed shall transmit to the Board of Adjustment all of the documents constituting the record of the appealed action.
2.
Burden of Proof in Appeals. The Board of Adjustment shall presume as valid the final decision being appealed. The appellant shall present sufficient evidence and have the burden to justify a reversal of the decision being appealed.
3.
Affirmative Findings. In order to act on an Appeal of Administrative Decision, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effect.

1.
Stay of Proceedings. An Appeal of Administrative Decision shall stay all proceedings in furtherance of the action being appealed by the official from which the appeal is taken unless the official certifies that a stay would cause imminent peril to life or property.
2.
Final Decision. The Board of Adjustment shall have the final decision-making powers of the administrative official from whom the appeal is taken. Further appeals of the Board's decision shall be heard by a court of competent jurisdiction.
3.
No Variance. A decision on an Appeal of Administrative Decision cannot, in effect, grant or issue a Variance.

Effective on: 1/1/1901

Sec. 7.61 Development Plat

Generally. In addition to the applicable required procedures in Sec. 7.24, Common Decision Criteria, the following shall apply to Development Plats.

Purpose. Pursuant to the Texas Local Government Code, Chapter 212, Subchapter B, Sections 212.041 through 212.050, the purpose of a Development Plat is to allow for development of a property for non-agricultural purposes:

1.
Never Platted or Replatted. That has not been platted or replatted on or before the effective date of this ULDC;
2.
Exemption from Subdividing. For which the property owner claims an exemption from the requirements to submit a Minor, Amending, Preliminary, or Final Plat or a Replat;
3.
Private Access. For which the only access is a private easement or street; or
4.
Greater than Five Acres. The division of which will result in parcels or lots each of which is greater than five acres in size, and where no public improvement is proposed to be dedicated or constructed.

C.
Exceptions. No Development Plat shall be required where the land to be developed has received Final Plat or Replat approval on or before the effective date of this ULDC.
D.
Specific Decision Criteria.
1. 1.
  Review and Decision. In determining whether to approve, approve with conditions, or deny a Development Plat, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:
  1. a.
    Safety Hazard. The proposed development will not create a safety hazard on a public roadway (such as by not providing adequate on-site parking or vehicle maneuvering space for a restricted access/gated entrance).
  2. b.
    Public Improvements. Appropriate agreements for acceptance and use of public improvements to serve the development have been tendered.
  3. c.
    Standards and Specifications. The proposed development conforms to the design and improvement standards contained in the City's Engineering Design Standards and Specifications.
2. 2.
  Required Approval. If the Planning and Zoning Commission finds that a Development Plat complies with all applicable decision criteria, then it is required to approve the Plat.

Effective on: 1/1/1901

Sec. 7.62 Preliminary Plat

Applicant Responsibilities. Preliminary Plats shall not be placed on the Planning and Zoning Commission agenda for consideration unless the plat and other required documents are received by the Planning Director before the stated filing deadline, comply with Sec. 7.22, Application Submittal, Fees, and Completeness, and meet the following requirements:

1.
Prepared by a Surveyor. A Preliminary Plat shall be prepared by a Professional Land Surveyor registered in the State of Texas.
2.
Notice on Plat. The following notice shall be printed on the face of each Preliminary Plat submitted: "Preliminary Plat - for inspection purposes only and in no way official or approved for recording purposes."
3.
Specifications. Plat sheet sizes shall be drawn at industry-standard engineering scales on standard ANSI or Architectural sheet sizes sufficient to legibly illustrate the proposed layout and required information. However, one dimension of the plat sheet may not exceed 36 inches.
4.
Contents. The subdivider shall provide the following items in a legible manner on a Preliminary Plat.
1. a.
  All unsubdivided contiguous land under single or common ownership shall be included in the Preliminary Plat. However, if approved by the Planning Director prior to submittal, the limits of a Preliminary Plat may include a portion of the owner's contiguous land and extend to known identifiable limits such as collector streets or other well-defined development barriers.
2. b.
  Location map, legibly illustrating the general position of the property relative to at least two intersecting City of Baytown arterial streets or State highways.
3. c.
  Scale, north arrow, date, exact acreage, proposed subdivision name, and other pertinent site-specific descriptive information.
4. d.
  Property owner's name, address, and telephone number, including the record owner and warranty deed recording information of the proposed subdivision.
5. e.
  Accurate one-foot interval contours according to NAD83/NAVD88 datum or subsequent established United States Geodetic Survey data adopted by the City. The face of the Preliminary Plat shall indicate the source, datum, and date of creation for the contour data.
6. f.
  The Preliminary Plat must be tied by survey to abutting section corners, or when the proposed subdivision abuts or is abutting an existing recorded plat, the Preliminary Plat may be tied by survey to such existing plat. Boundary lines for the proposed subdivision shall be indicated by heavy lines. Boundaries for lots and/or tracts within the plat boundary shall be shown in solid lines. Existing cross streets shall be shown for reference at the property boundary.
7. g.
  The approximate location of any City limit lines including labels for inside and outside City limits.
8. h.
  The name and location of all abutting subdivisions shall be drawn to the same scale and shown in dashed lines abutting the tract proposed for subdivision in sufficient detail to show accurately the existing streets and alleys and other features that may influence the layout and development of the proposed subdivision. Abutting unplatted land shall show property lines and owners of record. If the abutting land has a current approved Preliminary Plat, it shall be shown on the Preliminary Plat.
9. i.
  The following adjoining and abutting property information shall be shown on all property adjoining and abutting the plat boundary:
  1. i.
    Subdivision name, Lot #, Block #, and recording information (if the property is platted);
  2. ii.
    Name of ownership with deed and recording information (if the property is not platted); and
  3. iii.
    Any recorded easements known to the surveyor at the time of submittal with recording information.
10. j.
  The location, name, and width of all streets, alleys, public and private easements, and rights-of-way existing or proposed within the subdivision limits, along with the proposed names of streets.
11. k.
  The location of proposed closures of existing streets, alleys, easements, and rights-of-way.
12. l.
  The major road system and location of site with respect to the City (southeast, northwest, etc.)
13. m.
  The known location of all existing property lines within the area proposed for subdivision.
14. n.
  Proposed arrangement of lots. Property for residential use shall be platted as lots and shall be numbered consecutively from one to the total number of lots in the subdivision. Property platted for commercial use, public use, or private street use shall be platted as tracts and shall be lettered in alphabetical order.
15. o.
  The title of the proposed subdivision, the name of the owner(s) with sufficient data to show ownership, and the proponent of the preliminary plat and current landowner(s) at time of submittal (if different than proponent). The proposed title shall not conflict with any previous subdivision name.
16. p.
  Sites proposed for stormwater drainage and impoundment easements, parks, or other property owned by the City or any other governmental entity shall contain no blanket or specific utility easement until approved by the City Engineer or authorized representative of other governmental entities.
17. q.
  A preliminary drainage analysis and map that meets the requirements of the Stormwater Management Plan of the City.
18. r.
  A statement regarding maintenance of any installed detention/retention basins shall be stated on the face of the plat.
19. s.
  Subdivision names shall not change once approved by the Planning and Zoning Commission.
20. t.
  All spelling on the plat shall be correct.

Specific Decision Criteria.

1.
Review and Decision. In determining whether to approve, approve with conditions, or deny a Preliminary Plat, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:
1. a.
  Standards and Specifications. The proposed development conforms to the design and improvement standards contained in the City's Engineering Minimum Design Standards and Specifications.
2. b.
  Other Review Bodies. If applicable, approval from any public school district sharing territory with the City of Baytown and any legislative-created districts.
2.
Required Approval. If the Planning and Zoning Commission finds that a Preliminary Plat complies with all applicable decision criteria, then it is required to approve the Plat.

Approval Procedures.

1.
Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall approve or disapprove the application. If the application is disapproved, the Planning and Zoning Commission shall provide a written statement to the applicant in accordance with Texas Local Government Code Section 212.0091.
2.
Applicant Response to Disapproval. The applicant may submit a response to the Planning and Zoning Commission in accordance with Texas Local Government Code Section 212.0093. If submitted in accordance with the filing calendar, the Planning Director shall file the response with the Planning and Zoning Commission for consideration within 15 days.
3.
Consideration of Response by Planning and Zoning Commission. The Planning and Zoning Commission shall approve or disapprove a response submitted in accordance with Texas Local Government Code Section 212.0093. If the response is disapproved, the Planning and Zoning Commission shall provide a written statement to the applicant in accordance with Texas Local Government Code Section 212.0091.

Revisions and Reapplication. If an owner proposes changes to a Preliminary Plat that do not substantially comply with the application that was approved by the Planning and Zoning Commission, the applicant shall prepare a revised Preliminary Plat. The revised Preliminary Plat must be approved by the Planning and Zoning Commission before the applicant submits a Final Plat.

Commission Final Decision.

1.
Action. The Planning and Zoning Commission shall make a final decision on the Preliminary Plat at a regularly scheduled meeting held within 30 days of the date the Plat is filed. This deadline may be extended an additional 30 days if the applicant requests Planning and Zoning Commission approval.
2.
No Action. If no action is taken by the Planning and Zoning Commission at the end of the 30-day period, without the request of an extension, the Plat shall be deemed to have been approved.
3.
After Decision. After the Planning and Zoning Commission makes a final decision on the Preliminary Plat, the applicant may then submit a Final Plat Application. A Preliminary Plat and a Final Plat of the same subdivision shall not be placed on the same meeting agenda.

Appeal. If the final decision on the Preliminary Plat is appealed, a vote of three-fourths of the City Council members shall be rendered to overturn the Planning and Zoning Commission’s decision.

No Public Dedication. Approval of the Preliminary Plat shall not constitute any real property grant or dedication or the acceptance of any public improvements.

Effective on: 1/1/1901

Sec. 7.63 Final Plat

Waiver of Final Plat.

1.
Notwithstanding the general requirements of this ULDC, the Planning Director may, upon review of the Preliminary Plat submittal as required, not require the submittal of a Final Plat provided the following specific conditions are met:
1. a.
  A utility easement will not be required due to the location and accessibility of the building with respect to the existing public street system;
2. b.
  Density requirements are not exceeded;
3. c.
  All structures lie within 150 feet of a dedicated and improved street;
4. d.
  No conflict exists with the major thoroughfare plan; and
5. e.
  No street right-of-way dedication is required.
2.
This action does not release the developer from meeting drainage requirements.

Improvements. The Final Plat shall contain dedication for all internal and perimeter streets and alleys and other improvements within the portion proposed for Final Plat as shown on the approved Preliminary Plat.

Land Not to be Excluded.

1.
Avoidance. A Final Plat shall not exclude land that should otherwise be included for the purpose of avoiding requirements of this ULDC, including, but not limited to, the requirement to improve existing perimeter streets or to dedicate a street designated on the current City of Baytown Master Thoroughfare Plan.
2.
Remainder Tracts. In no case shall a Final Plat exclude land so as to leave a remainder of such size, shape, or location as not to be developable in substantial compliance with the requirements of this ULDC.

Applicant Responsibilities. The Final Plat shall incorporate all preliminary plat information and conditions approved by the Planning and Zoning Commission and shall meet the following:

1.
Prepared by a Surveyor. A Final Plat shall be prepared by a Professional Land Surveyor registered in the State of Texas.
2.
Boundary and Acreage. The plat boundary and the exact acreage included in that boundary.
3.
Name. Title or name of the plat. If a lot or tract is replatted, all land in the original lot(s) or tract(s) shall be replatted in order to retain the original plat name.
4.
Specifications. Plat sheet sizes shall be drawn at industry-standard engineering scales on standard ANSI or Architectural sheet sizes sufficient to legibly illustrate the proposed layout and required information. However, one dimension of the plat sheet may not exceed 36 inches.
5.
Geographic Data. The map scale, horizontal datum, north arrow, and date.
6.
Adjacent and Abutting Properties. Referenced by:
1. a.
  Name of recorded plats of adjacent and abutting properties;
2. b.
  Property lines and owners of record for unplatted land;
3. c.
  A specific indication of applicable City Limit boundaries; and
4. d.
  The following adjoining property information shall be shown on all property abutting the plat boundary:
  1. i.
    Subdivision name, Lot #, Block #, and recording information (if the property is platted);
  2. ii.
    Name of ownership with deed and recording information (if the property is not platted); and
  3. iii.
    Any recorded easements known to the surveyor at the time of submittal with recording information.
7.
Final Plat Survey and Control.
1. a.
  The Final Plat dimensional control shall be in units of U.S. Survey Feet to the nearest one-hundredth of a foot. Directional control shall be shown as bearings to the nearest arc second. The description of the methodology used and the source, datum, and date of creation of the relevant points must be included on the face of the plat. Control for a Final Plat shall be established by one of the following methods:
  1. i.
    The Final Plat must be tied by survey to adjacent section corners; or
  2. ii.
    When the approved subdivision abuts or is adjacent to an existing recorded plat of the City of Baytown or Chambers County, the Final Plat may be tied by survey to such existing plat.
2. b.
  The Final Plat shall include horizontal coordinates on at least two of the boundary corners relative to the Texas Coordinate System of 1983, North Central Zone datum as described in Texas Natural Resources Code, Title 2, Chapter 21, or subsequently established United States Geodetic Survey data adopted by the City of Baytown.
8.
Lot Lines. Boundary lines of all lots, tracts, and parcels with accurate dimensions, bearings, radii, chord distances, and central angles of all curve segments, for all total curves. Such lines shall be shown in the same manner as required for Preliminary Plats in 7.62, Preliminary Plat.
9.
Identification. Numbers and letters to identify each lot or tract.
1. a.
  Lots shall be numbered consecutively from one to the total number of lots in the subdivision. Tracts shall be lettered in alphabetical order. Such designation will be continuous in the order that Final Plats of portions of a Preliminary Plat are recorded with the County Clerk.
2. b.
  Replatted lots will be designated alphanumerically (e.g. Lot 1-A), and further subdivision will alternate numbers and letters (e.g., Lot 1-A-1, Lot 1-A-1-A). The same alternating method will be used for tracts (e.g., Tract A-1, Tract A-1-A, Tract A-1-A-1).
3. c.
  Private Streets and common open space and other common areas shall be platted as separate tracts and names must be approved by the City of Baytown. Changes to existing private street names require approval of the City of Baytown Building Official when the changes will affect existing residents.
10.
Street Width and Names. All street and alley rights-of-way and easements shall be clearly shown on the plat and the purpose and restrictions of use of such easement indicated.
1. a.
  Accurate location, dimensions, bearings, radii, chord distances, and central angles of all curve segments, for all total curves, shall be provided to readily establish the location of rights-of-way and easements. Location of points of intersection and points of tangency of street intersections other than right-angle intersections shall be indicated;
2. b.
  Bearing, distances, and ties to the property boundary (including medians);
3. c.
  A key of abbreviations for easement types, such as utilities, cross-access, tree preservations, etc., shall be included on the plat;
4. d.
  Legal references shall be provided for all previous dedications and easements abutting the property;
5. e.
  Name of each street and width of streets, alleys, and other rights-of-way; and
6. f.
  Approved City Street names shall be shown first followed by any highway designation and numbering in parentheses if applicable. For example, "19th Street (US 62)".
11.
Solid Waste. All platted lots and tracts shall provide for collection of solid waste consistent with Chapter 86, Solid Waste, of the City of Baytown Code of Ordinances unless alternatives are approved by the City Council.
12.
Symbology. All symbology on the plat shall be distinct, consistent, and labeled in the legend. If multiple features overlap, labels need to be included to distinguish what is proposed.
13.
For Review Purposes Only. Temporary labeling shall be required on unrecorded adjacent and abutting plats considered "in platting process" or "under construction" that is shown on a Final Plat for review. These labels shall be taken off before final recording.
14.
Spelling. All spelling on the plat shall be correct.

Specific Decision Criteria.

1.
Review and Decision. In determining whether to approve, approve with conditions, or deny a Final Plat, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and conformance to applicable portions of the approved Preliminary Plat.
2.
Required Approval. If the Planning and Zoning Commission finds that a Final Plat complies with all applicable decision criteria, then it is required to approve the plat.

Final Decision.

1.
Action. The Planning and Zoning Commission shall make a final decision on the Final Plat within 30 days of the date the plat is filed. The deadline may be extended an additional 30 days if the applicant requests Planning and Zoning Commission approval.
2.
No Action. If no action is taken by the Planning and Zoning Commission at the end of the 30-day period, without the request, the plat shall be deemed to have been approved.

Illegal Subdivision. Where an applicant seeks approval of a Final Plat for land that was subdivided in violation of this ULDC, state law, or any prior Ordinance, and the development cannot comply with this ULDC because of the unlawful subdivision, the Planning Director may deny the plat, taking into account requirements related to lot area, lot width, and the ability to configure the proposed use on the lot.

No Acceptance of Public Improvements. Approval of the Final Plat shall not constitute the acceptance of any public improvements unless, and until, the City Engineer specifically agrees to such acceptance.

Recording. Within 10 days of receipt and approval of the above documents, the Planning Director shall record the approved Final Plat with the Chambers County Clerk. After the plat has been recorded, the Planning Director shall issue to the subdivider the necessary copies of the approved and signed Final Plat along with the Chambers County filing number. Impact fees are determined in accordance with Chapter 114, Sewer and Water Line Extensions, Article IV, Impact Fees, of the Baytown Code of Ordinances.

Preliminary Plat Renewal.

1.
Phasing. For a development to be constructed in phases, the Final Plat may include only a portion of the land included in the Preliminary Plat.
2.
Two-Year Period. Where only a portion of an approved Preliminary Plat is submitted for Final Plat approval, a Final Plat of the remaining area may be submitted at any time within two years of the date of Preliminary Plat approval.
3.
Renewal and Expiration. If a Final Plat of the remaining area has not been submitted within the two-year time period, the portion of the Preliminary Plat for which no Final Plat has been submitted shall be deemed null and void. However, if at least one phase of the Preliminary Plat has received Final Plat approval, its public improvements have been completed, and it has been recorded with the Chambers County Clerk, an extension to the two-year time limit shall be automatically granted for all phases.

Street Closure. Any streets, alleys, or easements dedicated to the public within the proposed Final Plat boundaries that are proposed for closure shall be closed by ordinance before the Final Plat can be recorded. These closures shall not be indicated on the Final Plat. The procedure for right-of-way closure is as follows:

1.
Application for closure;
2.
Preparation of Final Plat or Replat and indicating closed right-of-way;
3.
Council approval of closure;
4.
File closure ordinance; and
5.
Final Plat recorded.

Effective on: 1/1/1901

Sec. 7.64 Replat

Applicant Responsibilities. Except as provided in this Subsection, applicant responsibilities shall be the same as those for a Final Plat.

Replatting Without Vacating Preceding Plat. In accordance with Texas Local Government Code Sections 212.014, 212.0145, and 212.015, a Replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the Replat:

1.
Is signed and acknowledged by only the owners of the property being replatted;
2.
Is approved, after a public hearing by the Planning and Zoning Commission on the matter, if required by Texas Local Government Code Section 212.015; and
3.
Does not attempt to amend or remove any covenants or restrictions.

Utilities. The relocation, modification, or abandonment of any utilities shall be the responsibility of the subdivider and shall be provided for concurrently with the Replat. The cost of any such relocation or abandonment shall be borne by the subdivider.

Protest Against Replat. A Replat shall not be approved except by a favorable vote of three-fourths of all members of the Planning and Zoning Commission if the Replat requires a Waiver or Variance and if the owners of a minimum of 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, sign a valid protest against the Replat in accordance with Texas Local Government Code Sec. 212.015.

Specific Decision Criteria.

1.
Review and Decision. In determining whether to approve, approve with conditions, or deny a Replat, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria.
2.
Required Approval. If the applicable review body finds that a Replat complies with all applicable decision criteria, then it is required to approve the Replat.

Final Decision.

1.
Action. The Planning and Zoning Commission shall make a final decision on the Replat within 30 days of the date the Plat is filed. The deadline may be extended an additional 30 days if the applicant requests or consents in writing to the extension to act upon the Plat.
2.
No Action. If no action is taken by the Planning and Zoning Commission at the end of the 30-day period, without the request or consent of an extension, the Plat shall be deemed to have been approved.

Effective on: 1/1/1901

Sec. 7.65 Vacating Plat

Vacation of Plat. A recorded plat may be vacated in accordance with Texas Local Government Code Section 212.013.

Review and Decision. In determining whether to approve or deny a Vacating Plat, the review body shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria.

Utilities. The relocation, modification, or abandonment of any utilities or easement preparation shall be the responsibility of the subdivider and shall be provided concurrently with the Vacating Plat. The cost of any such relocation or abandonment shall be borne by the subdivider.

Effective on: 1/1/1901

Sec. 7.66 Waiver

Generally. In addition to the applicable required procedures in 7.24, Common Decision Criteria, the following shall apply to Waivers.

Purpose. The purpose of a Waiver is to allow relief from the standards in Division 4.2, Subdivision Design Standards, which may be considered concurrently with a Preliminary or Final Plat, Minor Plat, or Replat, to address unforeseen circumstances or other difficulties in developing a property under the specific provisions of this ULDC.

Specific Decision Criteria.

1.
Review and Decision. In determining whether to approve, approve with conditions, or deny a Waiver, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:
1. a.
  Strict application of the standard requested to be waived renders platting of the subject property unfeasible.
2. b.
  The Waiver requested is the minimum necessary that will make possible platting of the subject property.
3. c.
  The reason for the Waiver is based on a minimum of one of the following:
  1. i.
    The particular physical surroundings, shape, or topographical conditions of the subject property;
  2. ii.
    Achieving alternative compliance with the standard requested to be waived in a manner not contemplated in this ULDC;
  3. iii.
    The effect of the development will not prevent orderly subdivision of other land in the vicinity; and
  4. iv.
    The development will not cause the City to be required to provide City services at a level above that required in other subdivisions.
2.
Affirmative Findings. In order to approve a Waiver, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

Specific Review Procedures. The Planning and Zoning Commission shall be the final decision maker for a Waiver request, except that the Administrator may be the final decision maker for Waiver requests relating to the following provisions in Article 4, Subdivision Design:

1.
Sec. 4.29, Street Names, Street Lights, and Fire Hydrants;
2.
Sec. 4.24.C.3, Depth;
3.
Sec. 4.25, Easements; and
4.
Sec. 4.27, Public Water and Wastewater.

Effective on: 1/1/1901

Baytown City Zoning Code

ARTICLE 7

Development Review Procedures

Sec. 7.11 Purpose

Effective on: 1/1/1901

Sec. 7.12 Applicability

Effective on: 1/1/1901

Sec. 7.21 Pre-Application Conference

Effective on: 1/1/1901

Sec. 7.22 Application Submittal, Fees, and Completeness

Fees.

1.
Schedule of Fees, Charges, and Expenses. The City Council shall establish a schedule of fees and charges for matters pertaining to this ULDC. The schedule of fees shall be maintained by the Planning Director.
2.
Payment in Full Required. No permits, certificates, or approvals required by this ULDC shall be issued unless or until such costs, charges, fees, or expenses have been paid in full.
3.
Refunds. Fees for rejected, denied, expired, voided, or revoked applications are not refundable.

Authorization to Initiate an Application. Table 7.22-1, Application Authorization, denotes those who are authorized to initiate each of the application types.

Table 7.22-1 Application Authorization
Development Review Procedure Types	Property Owner¹	Party Aggrieved by an Administrative Decision	Mayor, City Council, City Council Member, or City Manager
Administrative Decisions	♦
Master Plans, Amendments, and Special Uses	♦³		♦
Quasi-Judicial Review Procedures (Variance, Appeal of Administrative Decision)	♦²	♦⁴	♦⁵
Subdivision Review Procedures	♦		♦
Table Note: 1. Including Owner's Agent. 2. A property owner shall include the name and signature of the current property owner(s) of all properties within the boundaries of the application. Property owner(s) may be represented by an agent designated in writing by the property owner(s). 3. Applications for Special Use Permits associated with drilling, oil, or gas operations shall be made by any mineral interest owner with the legal right to drill on the property that is the subject of the application. Mineral interest owner(s) may be represented by an agent, designated in writing by the mineral interest owner(s). 4. Appeal of An Administrative Decision only. 5. Written Interpretation only.

Table 7.22-1 Application Authorization
Development Review Procedure Types	Property Owner¹	Party Aggrieved by an Administrative Decision	Mayor, City Council, City Council Member, or City Manager
Administrative Decisions	♦
Master Plans, Amendments, and Special Uses	♦³		♦
Quasi-Judicial Review Procedures (Variance, Appeal of Administrative Decision)	♦²	♦⁴	♦⁵
Subdivision Review Procedures	♦		♦
Table Note: 1. Including Owner's Agent. 2. A property owner shall include the name and signature of the current property owner(s) of all properties within the boundaries of the application. Property owner(s) may be represented by an agent designated in writing by the property owner(s). 3. Applications for Special Use Permits associated with drilling, oil, or gas operations shall be made by any mineral interest owner with the legal right to drill on the property that is the subject of the application. Mineral interest owner(s) may be represented by an agent, designated in writing by the mineral interest owner(s). 4. Appeal of An Administrative Decision only. 5. Written Interpretation only.

Table 7.22-1 Application Authorization
Development Review Procedure Types	Property Owner¹	Party Aggrieved by an Administrative Decision	Mayor, City Council, City Council Member, or City Manager
Administrative Decisions	♦
Master Plans, Amendments, and Special Uses	♦³		♦
Quasi-Judicial Review Procedures (Variance, Appeal of Administrative Decision)	♦²	♦⁴	♦⁵
Subdivision Review Procedures	♦		♦
Table Note: 1. Including Owner's Agent. 2. A property owner shall include the name and signature of the current property owner(s) of all properties within the boundaries of the application. Property owner(s) may be represented by an agent designated in writing by the property owner(s). 3. Applications for Special Use Permits associated with drilling, oil, or gas operations shall be made by any mineral interest owner with the legal right to drill on the property that is the subject of the application. Mineral interest owner(s) may be represented by an agent, designated in writing by the mineral interest owner(s). 4. Appeal of An Administrative Decision only. 5. Written Interpretation only.

Table 7.22-1 Application Authorization
Development Review Procedure Types	Property Owner¹	Party Aggrieved by an Administrative Decision	Mayor, City Council, City Council Member, or City Manager
Administrative Decisions	♦
Master Plans, Amendments, and Special Uses	♦³		♦
Quasi-Judicial Review Procedures (Variance, Appeal of Administrative Decision)	♦²	♦⁴	♦⁵
Subdivision Review Procedures	♦		♦
Table Note: 1. Including Owner's Agent. 2. A property owner shall include the name and signature of the current property owner(s) of all properties within the boundaries of the application. Property owner(s) may be represented by an agent designated in writing by the property owner(s). 3. Applications for Special Use Permits associated with drilling, oil, or gas operations shall be made by any mineral interest owner with the legal right to drill on the property that is the subject of the application. Mineral interest owner(s) may be represented by an agent, designated in writing by the mineral interest owner(s). 4. Appeal of An Administrative Decision only. 5. Written Interpretation only.

D.
Submittal Deadlines. The Planning Director may establish and publish application submittal deadlines in accordance with the schedule published on the City's website and in the Development Manual. This schedule may be updated from time to time during the year with the amendments being published on the web and in the development manual. An application shall not be considered as officially submitted, accepted, or filed until it has been determined to be complete in accordance with Paragraph (G) below.
E.
Withdrawals. An application may be withdrawn at any time by the applicant at their own request, and, upon resubmission, shall be considered an initial submission subject to the provisions of this Division.
F.
Application Completeness. Application submittals shall subsequently undergo a completeness application review before being deemed as submitted to the City.
1. 1.
  Timeline. A determination of application completeness shall be made by the Planning Director no more than ten business days after submittal of the application.
2. 2.
  Incomplete Applications.
  1. a.
    If the application is determined to be incomplete, the Planning Director shall notify the applicant in writing within five days of completing the completeness review.
  2. b.
    The city shall exercise the authority granted under V.T.C.A., Local Government Code ch. 245 to perform such reviews within the ten-day window and to allow the applicant 45 days in which to respond.
  3. c.
    While awaiting the requested information, any time limitations within which the city must process the application shall be tolled.
  4. d.
    If the applicant's response time exceeds the 45-day period, then the application expires; and to proceed, the applicant shall begin the process again with a new application.
G.
Completeness Does Not Equate to Approval. The completeness review set forth herein applies to all applications identified in Article 7 of this ULDC. Determination that an application is complete does not preclude any negative final action and does not include any implied determination that the application successfully meets any review criteria. The development manual shall contain a checklist for all application types. Completeness reviews shall rely on the ULDC provisions as well as the checklists and V.T.C.A, Local Government Code ch. 245.
H.
Concurrent Submittal and Review. Certain development projects may require multiple approvals. At the discretion of the Planning Director, the applicant may submit combined applications that require final action by a legislative or quasi-judicial body and such applications may be processed concurrently, so long as all applicable processing and public notice requirements and all required findings are satisfied.
I.
Successive Applications. For Zoning Map Amendments, 12 months from the date of final disapproval, except with permission of the Planning and Zoning Commission or City Council, must elapse before reapplication. In order to be considered for such a waiver, the applicant shall demonstrate that at the time the applicant requests a waiver:
1. 1.
  Substantial Change in Circumstances. There is a substantial change in circumstances relevant to facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application;
2. 2.
  New or Additional Information. New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed; or
3. 3.
  New Application. A new application is proposed to be submitted that is materially different (e.g., proposes new use categories, or a substantial change in proposed densities and intensities) from the prior application.
J.
Continuing Review Process. Complete applications shall subsequently undergo the processes established in Sec. 7.23, Staff Review and Distribution.

Effective on: 1/1/1901

Sec. 7.23 Staff Review and Distribution

1.
Review and Comment. Review an administrative application and provide comments to the applicant, which may include required revisions based on the requirements of this ULDC and other adopted requirements and standards;
2.
Review and Decide. Review and make a final decision on an administrative application; or
3.
Distribution. Distribute all other application types to the appropriate development review body or outside agency including, but not limited to, utilities and school districts, for review, comment, and, if denoted in Table 7.210-1, Summary of Procedures, recommendation or final decision.

Required Revisions.

1.
Comments. During application review, the Planning Director may provide comments from the Development Review Committee to the applicant. The applicant shall revise and resubmit the application with requested changes in order for the application to proceed through the review process.
2.
Resubmittal. Upon receipt of the resubmittal, the Planning Director may refer the application to agencies again if the changes substantially affect the interests of the agency in ways not anticipated by the agency's original comments, or require the agency's technical expertise for appropriate review.

1.
Administrative Review Applications. If the application is for a review procedure addressed in Division 7.3, Administrative Decisions, then the administrative review body denoted in Table 7.210-1, Summary of Procedures, shall approve, conditionally approve, or deny the application, as appropriate.
2.
All Other Review Applications. If the application is for a review procedure addressed in Division 7.22, Master Plans, Amendments, and Special Uses or Division 7.23, Quasi-Judicial Review Procedures, then the applicable administrative review body shall forward a recommendation to the next development body in the review process who will consider it for further recommendation or final decision according to Table 7.210-1, Summary of Procedures.

Continuing Review Process.

1.
Approved Applications. Applications receiving approval may subsequently undergo the processes established in Sec. 7.27, Post-Decision Provisions.
2.
Applications Requiring Public Meeting or Hearing. Applications requiring a public meeting or hearing, as denoted in Table 7.210-1, Summary of Procedures, shall subsequently undergo the processes established in Sec. 7.25, Public Notice and Sec. 7.26, Public Meetings and Hearings.

Effective on: 1/1/1901

Sec. 7.24 Common Decision Criteria

Burden of Proof or Persuasion. In all cases, the burden is on the applicant to show that an application complies with applicable review criteria.

Table 7.24-1 Common Review Criteria Applicability
Common Review Criteria	Administrative Review Applications	Master Plans, Amendments, and Special Uses Applications		Quasi-Judicial Review Applications		Subdivision Applications
Common Review Criteria	Administrative Review Applications	Text Amendments	All Other	Variances	All Other

The request complies with the applicable standards of the City's Code, the ULDC, and any applicable county, state, or federal requirements.	•	•	•	•	•	•
The request substantially conforms to any associated prior approval for the development, including, but not limited to, a Special Use Permit or Master Development Plan.	•		•
The development review body has considered the recommendation of the City staff.		•	•	•	•	•
The request is consistent with applicable policies of the Comprehensive Plan and applicable utility plans and capital improvement plans; or, if it addresses a topic that is not contained or not fully developed in the Comprehensive Plan, the request does not impair the implementation of the Comprehensive Plan.		•	•	•
The request promotes the purposes of this ULDC as established in Sec. 1.12, Purposes, and in other applicable purpose statements in this ULDC.		•	•	•	•
Adequate facilities, including public or private utilities, solid waste service, roads, drainage, and other improvements are present or are planned to be provided.			•	•		•
The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area.			•	•
The request will not impede the normal and orderly development and improvement of surrounding property.			•	•

Table 7.24-1 Common Review Criteria Applicability
Common Review Criteria	Administrative Review Applications	Master Plans, Amendments, and Special Uses Applications		Quasi-Judicial Review Applications		Subdivision Applications
Common Review Criteria	Administrative Review Applications	Text Amendments	All Other	Variances	All Other

The request complies with the applicable standards of the City's Code, the ULDC, and any applicable county, state, or federal requirements.	•	•	•	•	•	•
The request substantially conforms to any associated prior approval for the development, including, but not limited to, a Special Use Permit or Master Development Plan.	•		•
The development review body has considered the recommendation of the City staff.		•	•	•	•	•
The request is consistent with applicable policies of the Comprehensive Plan and applicable utility plans and capital improvement plans; or, if it addresses a topic that is not contained or not fully developed in the Comprehensive Plan, the request does not impair the implementation of the Comprehensive Plan.		•	•	•
The request promotes the purposes of this ULDC as established in Sec. 1.12, Purposes, and in other applicable purpose statements in this ULDC.		•	•	•	•
Adequate facilities, including public or private utilities, solid waste service, roads, drainage, and other improvements are present or are planned to be provided.			•	•		•
The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area.			•	•
The request will not impede the normal and orderly development and improvement of surrounding property.			•	•

Table 7.24-1 Common Review Criteria Applicability
Common Review Criteria	Administrative Review Applications	Master Plans, Amendments, and Special Uses Applications		Quasi-Judicial Review Applications		Subdivision Applications
Common Review Criteria	Administrative Review Applications	Text Amendments	All Other	Variances	All Other

The request complies with the applicable standards of the City's Code, the ULDC, and any applicable county, state, or federal requirements.	•	•	•	•	•	•
The request substantially conforms to any associated prior approval for the development, including, but not limited to, a Special Use Permit or Master Development Plan.	•		•
The development review body has considered the recommendation of the City staff.		•	•	•	•	•
The request is consistent with applicable policies of the Comprehensive Plan and applicable utility plans and capital improvement plans; or, if it addresses a topic that is not contained or not fully developed in the Comprehensive Plan, the request does not impair the implementation of the Comprehensive Plan.		•	•	•
The request promotes the purposes of this ULDC as established in Sec. 1.12, Purposes, and in other applicable purpose statements in this ULDC.		•	•	•	•
Adequate facilities, including public or private utilities, solid waste service, roads, drainage, and other improvements are present or are planned to be provided.			•	•		•
The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area.			•	•
The request will not impede the normal and orderly development and improvement of surrounding property.			•	•

Table 7.24-1 Common Review Criteria Applicability
Common Review Criteria	Administrative Review Applications	Master Plans, Amendments, and Special Uses Applications		Quasi-Judicial Review Applications		Subdivision Applications
Common Review Criteria	Administrative Review Applications	Text Amendments	All Other	Variances	All Other

The request complies with the applicable standards of the City's Code, the ULDC, and any applicable county, state, or federal requirements.	•	•	•	•	•	•
The request substantially conforms to any associated prior approval for the development, including, but not limited to, a Special Use Permit or Master Development Plan.	•		•
The development review body has considered the recommendation of the City staff.		•	•	•	•	•
The request is consistent with applicable policies of the Comprehensive Plan and applicable utility plans and capital improvement plans; or, if it addresses a topic that is not contained or not fully developed in the Comprehensive Plan, the request does not impair the implementation of the Comprehensive Plan.		•	•	•
The request promotes the purposes of this ULDC as established in Sec. 1.12, Purposes, and in other applicable purpose statements in this ULDC.		•	•	•	•
Adequate facilities, including public or private utilities, solid waste service, roads, drainage, and other improvements are present or are planned to be provided.			•	•		•
The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area.			•	•
The request will not impede the normal and orderly development and improvement of surrounding property.			•	•

Effective on: 1/1/1901

Sec. 7.25 Public Notice

Public Notice.

1.
Publication Notice. When required, as denoted in Table 7.210-1, Summary of Procedures, published notice shall be provided in a local publication of record in accordance with the requirements of the Texas Local Government Code (TLGC), Chapters 211 and 212.
2.
Mailed Notice. When required, as denoted in Table 7.210-1, Summary of Procedures, mailed notice shall be:
1. a.
  In written form;
2. b.
  Sent as required by Texas Local Government Code Section 211.007(c) to all owners of real property located within 200 feet of the subject property; Notice of required public hearings for a Special Use Permit, Variance, or Zoning Map Amendment, with the exception of applications for a Special Use Permit for drilling, oil or gas operations or a designation of Drilling Overlay District, shall also be sent by mail to owners of land within 300 feet of the lot lines of the land that is the subject of the application.
3. c.
  For applications for a drilling overlay district or a special use permit for drilling, oil or gas operations, notice of required public hearings shall be sent by mail to:
  1. i.
    Owners of land on which the drilling, oil or gas operations are proposed to occur;
  2. ii.
    Owners of land over which the Drilling Overlay District is proposed; and
  3. iii.
    Owners within 750 feet of the property line of the property on which drilling, oil or gas operations are proposed to occur or the boundary of the overlay district, whichever is applicable.
4. d.
  For applications for Special Use Permit for Battery Energy Storage System, the applicant shall be required to provide notice of neighborhood meetings and required public hearings by mail to owners of land within 500 feet of the property line of the property on which the proposed BESS operations are proposed to occur.
5. e.
  Measured from the perimeter of the property;
6. f.
  Taken inclusive of public streets; and
7. g.
  Served by using the last known address as listed on the County tax roll and depositing the notice, postage paid, with the United States Postal Service (USPS).
3.
Contents of Notice. Regardless of whether the notice is published or mailed, the notice shall contain:
1. a.
  Publication and Mailed Notice. Notices that are published and mailed pursuant to Paragraphs (3a), (3b), and (5) shall provide at least the following information:
  1. i.
    The general location of the land that is the subject of the application;
  2. ii.
    Its legal description or street address;
  3. iii.
    The substance of the application;
  4. iv.
    The time, date, and location of the public hearing;
  5. v.
    The time, date, and place where the application may be inspected by the public; and
  6. vi.
    A statement that interested parties may appear at the public hearing and be heard with respect to the application.
2. b.
  Signs. Signs required pursuant to Paragraph (4b) shall at least indicate the following:
  1. i.
    The property and/or neighboring properties, as applicable, are the subjects of a development permit;
  2. ii.
    The City's website address; and
  3. iii.
    The contact point for additional information.
4.
Posting of Signs.
1. a.
  Except as provided in Paragraph (4b), notice of required public hearings shall also be provided by way of a sign posted on the land that is the subject of the application. One sign shall be posted for each 200 feet of frontage along a public street, with a maximum of four signs required per frontage. Signs shall be located so that the lettering is visible from the street. Where the land does not have frontage on a public street, signs shall be posted on the nearest public street.
2. b.
  At least six signs shall be required for any public hearing regarding one or more amendments to the official zoning map, which propose to change the zoning district classification of more than five tracts. Nothing contained in this section shall prohibit the Planning Director from posting additional signs as the Planning Director deems appropriate.
5.
Website. Notice of the public hearings will be published and remain on the City's website through the day of the public hearing in accordance with the same publication deadlines as expressed in Paragraphs (2) an (3) of this Section. The validity of a posted notice of a public hearing required by this Section is not affected by a failure to comply with a requirement of this Section that is due to a technical problem beyond the reasonable control of the City.
6.
Timeline to Provide Notice. Regardless of the type of notice that is required, such notice shall be provided at least 10 days prior to the public meeting or hearing, unless otherwise specified by Texas state law.
7.
Computation of Time. In computing the time periods for notice, the day of mailing, publication, or posting shall not be counted, but the day of the public hearing shall be counted.
8.
Constructive Notice. Failure of a surrounding property owner to receive notice of a hearing shall not affect the validity of the final decision.

Continuing Review Process. Applications with required notice provided shall subsequently undergo the processes established in 7.26, Public Meetings and Hearings.

(Ordinance No. 16,249, 09/25/2025)

Effective on: 10/5/2025

Sec. 7.26 Public Meetings and Hearings

1.
Time and Testimony Limits. The Chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant;
2.
Expert Witnesses. Citizens, applicants, and the City have the right to present expert witnesses;
3.
Identification and Representation. Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent;
4.
Written Evidence of Authority. If a speaker represents an organization, the body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration; and
5.
Right to be Heard. Any person may appear at a public hearing, submit evidence, and be heard.

Decisions. A vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote, except when voice votes are authorized.

Conditional Approval or Modification of Application at Public Meeting or Hearing.

1.
Modification. An applicant may agree to modify an application, including the plans and specifications submitted, in response to questions or comments by persons appearing at a public meeting or hearing or to suggestions or recommendations by the development review body holding the meeting or hearing.
2.
Action on Modified Applications. The development review body may make a recommendation or conditionally approve the application with the requirement that the formalized approval is not effective until the applicant submits materials reflecting the agreed-upon changes to the Planning Director. However, if such modifications are so substantial that the development review body determines that it cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials, it shall not accept any subsequent application and shall make no further approvals related to the subject property until the applicant submits the required modifications.
3.
Referral. Where deemed appropriate by the final decision-making body, applications with significant modifications may be referred back to the recommending body for review, prior to further consideration.

Continuing Review Process. Requests receiving approval at a public meeting or hearing may subsequently undergo the processes established in Sec. 7.27, Post-Decision Provisions.

Effective on: 1/1/1901

Sec. 7.27 Post-Decision Provisions

Effective on: 1/1/1901

Sec. 7.28 Appeals

Window for Appeal. All appeals listed below shall be submitted to the Planning Director or to a Court of Competent Jurisdiction, as appropriate.

Effective on: 1/1/1901

Sec. 7.29 Inactive and Expired Applications and Renewals

Unapproved Applications.

1.
Process to Inactivity. A submitted and completed but unapproved application becomes inactive after 90 days from receiving review comments if the applicant fails to completely address the City's comments to allow further processing of the application.
2.
Expiration. Inactive applications will automatically expire and become null and void without further notice 30 days after the date when they became inactive if the applicant fails to take action or request an extension of time.

Approved Applications. Approved Applications shall expire at the end of the expiration period as denoted in Table 7.210-1, Summary of Procedures, unless:

1.
Pending Approvals. A complete application for the next required approval in a sequence of approvals is submitted and pending upon the expiration of the period;
2.
Commencement of Development. Development has commenced and is being diligently pursued toward completion; or
3.
Granted Extension. An extension is granted in accordance with Paragraph (C), Extension of Time, below.

Extension of Time.

1.
Request. Prior to the expiration of an approved application or unapproved inactive application, the applicant may request in writing and the Planning Director may approve an extension of the expiration date of up to six months.
2.
Amendments. If the City Council amends this ULDC or adopts other applicable regulations during the period of time when the application was inactive, the application shall:
1. a.
  Not be subject to compliance to the new regulations until the original application is considered to be voided; and
2. b.
  Become subject to the new regulations and ordinances if the period of time to request an extension lapses.
3.
Expiration of Extension. Approved applications or unapproved inactive applications shall expire after the six-month extension lapses if the Planning Director determines that the applicant is not actively pursuing action to complete the development or address comments.

Effective on: 1/1/1901

Sec. 7.210 Development Review Summary Table

Generally. Procedures for obtaining development review approval pursuant to this ULDC are summarized in this Section.

Applications and Procedures. Each application required by this ULDC is spelled out in Table 7.210-1, Summary of Procedures, below.

Table 7.210-1 Summary of Procedures
• = Pre-Application Conference Required P = Published Notice Required M = Mailed Notice Required S = Signs Notice Required W = Website Notice Required P&Z = Planning and Zoning Commission CC = City Council BOA = Board of Adjustment DRC = Development Review Committee [ ] = Public Hearing Required
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Review Responsibilities		Expiration²	Cross-Reference
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Recommendation	Final Action	Expiration²	Cross-Reference
ADMINISTRATIVE APPLICATIONS: Require final decisions in which City staff apply the standards in this ULDC. Administrative applications typically require objective analysis by City staff and may involve the exercise of very limited discretion.
Administrative Adjustment 7.31	Concurrent with submittal of a Site Development Plan, Building Permit, or Sign Permit	--	--	Planning Director		2 years	--
Site Development Plan 7.32	Prior to any development of any use unless specifically exempted in this ULDC	--	--	Planning Director		2 years	Article 2, Article 3
Minor or Amending Plat 7.33	Prior to developing a minor subdivision or making a minor modification to a recorded plat	--	--	Planning Director		2 years; None after recordation	Article 4
Lot Consolidation 7.34	Prior to applying for a Building Permit	--	--	Planning Director		1 year if unrecorded; None after recordation	--
Construction Plans 7.35	Prior to site construction	--	--	City Engineer		2 years	Engineering Minimum Design Standards and Specifications
Building Permit 7.36	Prior to erecting, altering, replacing, relocating, rebuilding, repairing, or restoring a principal or accessory building or structure	--	--	Building Official		180 days	--
Floodplain Development Permit 7.37	Prior to any development activities or land disturbance within a regulatory floodplain as shown on a Flood Insurance Rate Map (FIRM)	--	--	Floodplain Administrator		180 days	Article 5
On-Site Water or Wastewater Permit 7.38	Prior to land disturbing activities	--	--	City Engineer		180 days	Sec. 4.27
Sign Permit 7.39	Prior to constructing, installing, placing, or relocating a sign or modifying a sign's dimensions or illumination	--	--	Planning Director		2 years	Division 3.6
Temporary Use Permit 7.310	Prior to the operation of any temporary structure or use	--	--	Planning Director		1 year	Sec. 2.36
Certificate of Occupancy 7.311	Upon completion of construction or before a change in occupancy	--	--	Building Official		None	--
Written Interpretation 7.312	None	--	--	Planning Director		--	--
Minor Modification of an Approved Application 7.313	In order to make a limited modification to any numerical standard on an application that has already been approved but that has not received a Certificate of Occupancy	--	--	Development review body that made the initial approval		Same as application being modified	--
Right-of-Way License 7.314	Prior to laying, constructing, building, repairing or rebuilding any sidewalk, driveway, curb, or gutter on any street, alley, or thoroughfare	--	--	City Engineer		1 year	--
Easement Encroachment License 7.315	Prior to building, erecting, or constructing any building, structure, or edifice for any use or occupancy	--	--	City Engineer		--	--
MASTER PLANS, AMENDMENTS, AND SPECIAL USE APPLICATIONS: Require final decisions that establish or change the way the use, design, or development of land will occur on a site-specific, City-wide, or intermediate scale. Elected and appointed development review bodies make final decisions based on general considerations of fostering and preserving the public health, safety, and general welfare. Such final decisions are characterized by the exercise of broad discretion.
Master Development Plan 7.41	As part of a zoning map amendment to a PD or Cluster development	•	M P	Planning Director	[P&Z]	2 years	Article 2, Article 3
ULDC Text Amendment 7.42	Prior to a change of the text in this ULDC	--	P W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Zoning Map Amendment 7.43	Prior to establishing or expanding an activity, building type, or land use prohibited in the current zoning district	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Special Use Permit 7.44	Prior to construction and permitting of any land use that is designated as a special use	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	24 months if use is not established and / or Building Permit not issued	Article 2
Planned Unit Development 7.45	Prior to establishing a Planned Unit Development (PUD)	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	Sec. 2.25
VARIANCES AND ADMINISTRATIVE APPEALS: Require final decisions that provide interpretation of standards or establish the way design or development will occur on specific sites in manners that either vary from the standards of this ULDC or that are contested by an aggrieved party. Such final decisions are characterized by exercise of discretion.
Variance 7.51	Prior to or concurrent with submittal of a Site Plan, or Sign Permit	--	M P S W	1st: Planning Director	[BOA]	None	Article 3
Variance, Floodplain 7.52	Refer to procedures in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.
Appeal of Administrative Decision 7.53	Within 30 days after an appellant or their agent received notice or the action of the official that is the subject of the appeal	--	P M W	[BOA]		None	--
SUBDIVISION REVIEW APPLICATIONS: Require final decisions related to dividing larger tracts of land into smaller lots. City staff or legislatively appointed administrative bodies make final decision based on regulations in this ULDC and on technical requirements of various City departments, local and state agencies, and utilities.
Development Plat 7.61	Prior to development of a property that does not require a subdivision plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	6 months	--
Preliminary Plat 7.62	Prior to a Final Plat in order to subdivide land into five or more lots or lots that require the creation of a street or the expansion of municipal facilities	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	3 years	Article 4
Final Plat 7.63	Following approval of a Preliminary Plat	--		Planning Director	Planning Director	1 year if unrecorded; None after recordation	Article 4
Replat 7.64	Prior to changing the number of lots on a recorded Final Plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]³	2 years; None after recordation	Article 4
Vacating Plat 7.65	Prior to removing the force of a recorded plat covering a property or properties	•		1st: Development Review Committee 2nd: Planning Director	Administrative body that approved the original Minor, Amending, Replat, or Final Plat	2 years; None after recordation	--
Waiver 7.66	Prior or concurrent with submittal of a Preliminary Plat that varies from the subdivision design standards	--	P W	1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	Same as associated plat	Article 4
TABLE NOTES: 1. For complete notice requirements, see Sec. 7.25, Public Notice, and Sec. 7.26, Public Meetings and Hearings. 2. The time period in the "Expiration" column is measured from the date of the issued approval. Expiration occurs if the applicant does not commence the work prior to the expiration or does not diligently pursue completion of the project or the subsequent required approval. See Sec. 7.29, Inactive and Expired Applications. "Commence," for the purposes of this table, means the first City inspection of a development, such as the initial rough plumbing inspection. 3. A public hearing is required if the proposed replat requires a variance or exception, as mandated by Texas Local Government Code Section 212.015. If a public hearing is not required, the final action shall take place at a public meeting of the Planning and Zoning Commission.

Table 7.210-1 Summary of Procedures
• = Pre-Application Conference Required P = Published Notice Required M = Mailed Notice Required S = Signs Notice Required W = Website Notice Required P&Z = Planning and Zoning Commission CC = City Council BOA = Board of Adjustment DRC = Development Review Committee [ ] = Public Hearing Required
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Review Responsibilities		Expiration²	Cross-Reference
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Recommendation	Final Action	Expiration²	Cross-Reference
ADMINISTRATIVE APPLICATIONS: Require final decisions in which City staff apply the standards in this ULDC. Administrative applications typically require objective analysis by City staff and may involve the exercise of very limited discretion.
Administrative Adjustment 7.31	Concurrent with submittal of a Site Development Plan, Building Permit, or Sign Permit	--	--	Planning Director		2 years	--
Site Development Plan 7.32	Prior to any development of any use unless specifically exempted in this ULDC	--	--	Planning Director		2 years	Article 2, Article 3
Minor or Amending Plat 7.33	Prior to developing a minor subdivision or making a minor modification to a recorded plat	--	--	Planning Director		2 years; None after recordation	Article 4
Lot Consolidation 7.34	Prior to applying for a Building Permit	--	--	Planning Director		1 year if unrecorded; None after recordation	--
Construction Plans 7.35	Prior to site construction	--	--	City Engineer		2 years	Engineering Minimum Design Standards and Specifications
Building Permit 7.36	Prior to erecting, altering, replacing, relocating, rebuilding, repairing, or restoring a principal or accessory building or structure	--	--	Building Official		180 days	--
Floodplain Development Permit 7.37	Prior to any development activities or land disturbance within a regulatory floodplain as shown on a Flood Insurance Rate Map (FIRM)	--	--	Floodplain Administrator		180 days	Article 5
On-Site Water or Wastewater Permit 7.38	Prior to land disturbing activities	--	--	City Engineer		180 days	Sec. 4.27
Sign Permit 7.39	Prior to constructing, installing, placing, or relocating a sign or modifying a sign's dimensions or illumination	--	--	Planning Director		2 years	Division 3.6
Temporary Use Permit 7.310	Prior to the operation of any temporary structure or use	--	--	Planning Director		1 year	Sec. 2.36
Certificate of Occupancy 7.311	Upon completion of construction or before a change in occupancy	--	--	Building Official		None	--
Written Interpretation 7.312	None	--	--	Planning Director		--	--
Minor Modification of an Approved Application 7.313	In order to make a limited modification to any numerical standard on an application that has already been approved but that has not received a Certificate of Occupancy	--	--	Development review body that made the initial approval		Same as application being modified	--
Right-of-Way License 7.314	Prior to laying, constructing, building, repairing or rebuilding any sidewalk, driveway, curb, or gutter on any street, alley, or thoroughfare	--	--	City Engineer		1 year	--
Easement Encroachment License 7.315	Prior to building, erecting, or constructing any building, structure, or edifice for any use or occupancy	--	--	City Engineer		--	--
MASTER PLANS, AMENDMENTS, AND SPECIAL USE APPLICATIONS: Require final decisions that establish or change the way the use, design, or development of land will occur on a site-specific, City-wide, or intermediate scale. Elected and appointed development review bodies make final decisions based on general considerations of fostering and preserving the public health, safety, and general welfare. Such final decisions are characterized by the exercise of broad discretion.
Master Development Plan 7.41	As part of a zoning map amendment to a PD or Cluster development	•	M P	Planning Director	[P&Z]	2 years	Article 2, Article 3
ULDC Text Amendment 7.42	Prior to a change of the text in this ULDC	--	P W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Zoning Map Amendment 7.43	Prior to establishing or expanding an activity, building type, or land use prohibited in the current zoning district	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Special Use Permit 7.44	Prior to construction and permitting of any land use that is designated as a special use	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	24 months if use is not established and / or Building Permit not issued	Article 2
Planned Unit Development 7.45	Prior to establishing a Planned Unit Development (PUD)	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	Sec. 2.25
VARIANCES AND ADMINISTRATIVE APPEALS: Require final decisions that provide interpretation of standards or establish the way design or development will occur on specific sites in manners that either vary from the standards of this ULDC or that are contested by an aggrieved party. Such final decisions are characterized by exercise of discretion.
Variance 7.51	Prior to or concurrent with submittal of a Site Plan, or Sign Permit	--	M P S W	1st: Planning Director	[BOA]	None	Article 3
Variance, Floodplain 7.52	Refer to procedures in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.
Appeal of Administrative Decision 7.53	Within 30 days after an appellant or their agent received notice or the action of the official that is the subject of the appeal	--	P M W	[BOA]		None	--
SUBDIVISION REVIEW APPLICATIONS: Require final decisions related to dividing larger tracts of land into smaller lots. City staff or legislatively appointed administrative bodies make final decision based on regulations in this ULDC and on technical requirements of various City departments, local and state agencies, and utilities.
Development Plat 7.61	Prior to development of a property that does not require a subdivision plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	6 months	--
Preliminary Plat 7.62	Prior to a Final Plat in order to subdivide land into five or more lots or lots that require the creation of a street or the expansion of municipal facilities	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	3 years	Article 4
Final Plat 7.63	Following approval of a Preliminary Plat	--		Planning Director	Planning Director	1 year if unrecorded; None after recordation	Article 4
Replat 7.64	Prior to changing the number of lots on a recorded Final Plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]³	2 years; None after recordation	Article 4
Vacating Plat 7.65	Prior to removing the force of a recorded plat covering a property or properties	•		1st: Development Review Committee 2nd: Planning Director	Administrative body that approved the original Minor, Amending, Replat, or Final Plat	2 years; None after recordation	--
Waiver 7.66	Prior or concurrent with submittal of a Preliminary Plat that varies from the subdivision design standards	--	P W	1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	Same as associated plat	Article 4
TABLE NOTES: 1. For complete notice requirements, see Sec. 7.25, Public Notice, and Sec. 7.26, Public Meetings and Hearings. 2. The time period in the "Expiration" column is measured from the date of the issued approval. Expiration occurs if the applicant does not commence the work prior to the expiration or does not diligently pursue completion of the project or the subsequent required approval. See Sec. 7.29, Inactive and Expired Applications. "Commence," for the purposes of this table, means the first City inspection of a development, such as the initial rough plumbing inspection. 3. A public hearing is required if the proposed replat requires a variance or exception, as mandated by Texas Local Government Code Section 212.015. If a public hearing is not required, the final action shall take place at a public meeting of the Planning and Zoning Commission.

Table 7.210-1 Summary of Procedures
• = Pre-Application Conference Required P = Published Notice Required M = Mailed Notice Required S = Signs Notice Required W = Website Notice Required P&Z = Planning and Zoning Commission CC = City Council BOA = Board of Adjustment DRC = Development Review Committee [ ] = Public Hearing Required
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Review Responsibilities		Expiration²	Cross-Reference
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Recommendation	Final Action	Expiration²	Cross-Reference
ADMINISTRATIVE APPLICATIONS: Require final decisions in which City staff apply the standards in this ULDC. Administrative applications typically require objective analysis by City staff and may involve the exercise of very limited discretion.
Administrative Adjustment 7.31	Concurrent with submittal of a Site Development Plan, Building Permit, or Sign Permit	--	--	Planning Director		2 years	--
Site Development Plan 7.32	Prior to any development of any use unless specifically exempted in this ULDC	--	--	Planning Director		2 years	Article 2, Article 3
Minor or Amending Plat 7.33	Prior to developing a minor subdivision or making a minor modification to a recorded plat	--	--	Planning Director		2 years; None after recordation	Article 4
Lot Consolidation 7.34	Prior to applying for a Building Permit	--	--	Planning Director		1 year if unrecorded; None after recordation	--
Construction Plans 7.35	Prior to site construction	--	--	City Engineer		2 years	Engineering Minimum Design Standards and Specifications
Building Permit 7.36	Prior to erecting, altering, replacing, relocating, rebuilding, repairing, or restoring a principal or accessory building or structure	--	--	Building Official		180 days	--
Floodplain Development Permit 7.37	Prior to any development activities or land disturbance within a regulatory floodplain as shown on a Flood Insurance Rate Map (FIRM)	--	--	Floodplain Administrator		180 days	Article 5
On-Site Water or Wastewater Permit 7.38	Prior to land disturbing activities	--	--	City Engineer		180 days	Sec. 4.27
Sign Permit 7.39	Prior to constructing, installing, placing, or relocating a sign or modifying a sign's dimensions or illumination	--	--	Planning Director		2 years	Division 3.6
Temporary Use Permit 7.310	Prior to the operation of any temporary structure or use	--	--	Planning Director		1 year	Sec. 2.36
Certificate of Occupancy 7.311	Upon completion of construction or before a change in occupancy	--	--	Building Official		None	--
Written Interpretation 7.312	None	--	--	Planning Director		--	--
Minor Modification of an Approved Application 7.313	In order to make a limited modification to any numerical standard on an application that has already been approved but that has not received a Certificate of Occupancy	--	--	Development review body that made the initial approval		Same as application being modified	--
Right-of-Way License 7.314	Prior to laying, constructing, building, repairing or rebuilding any sidewalk, driveway, curb, or gutter on any street, alley, or thoroughfare	--	--	City Engineer		1 year	--
Easement Encroachment License 7.315	Prior to building, erecting, or constructing any building, structure, or edifice for any use or occupancy	--	--	City Engineer		--	--
MASTER PLANS, AMENDMENTS, AND SPECIAL USE APPLICATIONS: Require final decisions that establish or change the way the use, design, or development of land will occur on a site-specific, City-wide, or intermediate scale. Elected and appointed development review bodies make final decisions based on general considerations of fostering and preserving the public health, safety, and general welfare. Such final decisions are characterized by the exercise of broad discretion.
Master Development Plan 7.41	As part of a zoning map amendment to a PD or Cluster development	•	M P	Planning Director	[P&Z]	2 years	Article 2, Article 3
ULDC Text Amendment 7.42	Prior to a change of the text in this ULDC	--	P W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Zoning Map Amendment 7.43	Prior to establishing or expanding an activity, building type, or land use prohibited in the current zoning district	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Special Use Permit 7.44	Prior to construction and permitting of any land use that is designated as a special use	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	24 months if use is not established and / or Building Permit not issued	Article 2
Planned Unit Development 7.45	Prior to establishing a Planned Unit Development (PUD)	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	Sec. 2.25
VARIANCES AND ADMINISTRATIVE APPEALS: Require final decisions that provide interpretation of standards or establish the way design or development will occur on specific sites in manners that either vary from the standards of this ULDC or that are contested by an aggrieved party. Such final decisions are characterized by exercise of discretion.
Variance 7.51	Prior to or concurrent with submittal of a Site Plan, or Sign Permit	--	M P S W	1st: Planning Director	[BOA]	None	Article 3
Variance, Floodplain 7.52	Refer to procedures in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.
Appeal of Administrative Decision 7.53	Within 30 days after an appellant or their agent received notice or the action of the official that is the subject of the appeal	--	P M W	[BOA]		None	--
SUBDIVISION REVIEW APPLICATIONS: Require final decisions related to dividing larger tracts of land into smaller lots. City staff or legislatively appointed administrative bodies make final decision based on regulations in this ULDC and on technical requirements of various City departments, local and state agencies, and utilities.
Development Plat 7.61	Prior to development of a property that does not require a subdivision plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	6 months	--
Preliminary Plat 7.62	Prior to a Final Plat in order to subdivide land into five or more lots or lots that require the creation of a street or the expansion of municipal facilities	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	3 years	Article 4
Final Plat 7.63	Following approval of a Preliminary Plat	--		Planning Director	Planning Director	1 year if unrecorded; None after recordation	Article 4
Replat 7.64	Prior to changing the number of lots on a recorded Final Plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]³	2 years; None after recordation	Article 4
Vacating Plat 7.65	Prior to removing the force of a recorded plat covering a property or properties	•		1st: Development Review Committee 2nd: Planning Director	Administrative body that approved the original Minor, Amending, Replat, or Final Plat	2 years; None after recordation	--
Waiver 7.66	Prior or concurrent with submittal of a Preliminary Plat that varies from the subdivision design standards	--	P W	1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	Same as associated plat	Article 4
TABLE NOTES: 1. For complete notice requirements, see Sec. 7.25, Public Notice, and Sec. 7.26, Public Meetings and Hearings. 2. The time period in the "Expiration" column is measured from the date of the issued approval. Expiration occurs if the applicant does not commence the work prior to the expiration or does not diligently pursue completion of the project or the subsequent required approval. See Sec. 7.29, Inactive and Expired Applications. "Commence," for the purposes of this table, means the first City inspection of a development, such as the initial rough plumbing inspection. 3. A public hearing is required if the proposed replat requires a variance or exception, as mandated by Texas Local Government Code Section 212.015. If a public hearing is not required, the final action shall take place at a public meeting of the Planning and Zoning Commission.

Table 7.210-1 Summary of Procedures
• = Pre-Application Conference Required P = Published Notice Required M = Mailed Notice Required S = Signs Notice Required W = Website Notice Required P&Z = Planning and Zoning Commission CC = City Council BOA = Board of Adjustment DRC = Development Review Committee [ ] = Public Hearing Required
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Review Responsibilities		Expiration²	Cross-Reference
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Recommendation	Final Action	Expiration²	Cross-Reference
ADMINISTRATIVE APPLICATIONS: Require final decisions in which City staff apply the standards in this ULDC. Administrative applications typically require objective analysis by City staff and may involve the exercise of very limited discretion.
Administrative Adjustment 7.31	Concurrent with submittal of a Site Development Plan, Building Permit, or Sign Permit	--	--	Planning Director		2 years	--
Site Development Plan 7.32	Prior to any development of any use unless specifically exempted in this ULDC	--	--	Planning Director		2 years	Article 2, Article 3
Minor or Amending Plat 7.33	Prior to developing a minor subdivision or making a minor modification to a recorded plat	--	--	Planning Director		2 years; None after recordation	Article 4
Lot Consolidation 7.34	Prior to applying for a Building Permit	--	--	Planning Director		1 year if unrecorded; None after recordation	--
Construction Plans 7.35	Prior to site construction	--	--	City Engineer		2 years	Engineering Minimum Design Standards and Specifications
Building Permit 7.36	Prior to erecting, altering, replacing, relocating, rebuilding, repairing, or restoring a principal or accessory building or structure	--	--	Building Official		180 days	--
Floodplain Development Permit 7.37	Prior to any development activities or land disturbance within a regulatory floodplain as shown on a Flood Insurance Rate Map (FIRM)	--	--	Floodplain Administrator		180 days	Article 5
On-Site Water or Wastewater Permit 7.38	Prior to land disturbing activities	--	--	City Engineer		180 days	Sec. 4.27
Sign Permit 7.39	Prior to constructing, installing, placing, or relocating a sign or modifying a sign's dimensions or illumination	--	--	Planning Director		2 years	Division 3.6
Temporary Use Permit 7.310	Prior to the operation of any temporary structure or use	--	--	Planning Director		1 year	Sec. 2.36
Certificate of Occupancy 7.311	Upon completion of construction or before a change in occupancy	--	--	Building Official		None	--
Written Interpretation 7.312	None	--	--	Planning Director		--	--
Minor Modification of an Approved Application 7.313	In order to make a limited modification to any numerical standard on an application that has already been approved but that has not received a Certificate of Occupancy	--	--	Development review body that made the initial approval		Same as application being modified	--
Right-of-Way License 7.314	Prior to laying, constructing, building, repairing or rebuilding any sidewalk, driveway, curb, or gutter on any street, alley, or thoroughfare	--	--	City Engineer		1 year	--
Easement Encroachment License 7.315	Prior to building, erecting, or constructing any building, structure, or edifice for any use or occupancy	--	--	City Engineer		--	--
MASTER PLANS, AMENDMENTS, AND SPECIAL USE APPLICATIONS: Require final decisions that establish or change the way the use, design, or development of land will occur on a site-specific, City-wide, or intermediate scale. Elected and appointed development review bodies make final decisions based on general considerations of fostering and preserving the public health, safety, and general welfare. Such final decisions are characterized by the exercise of broad discretion.
Master Development Plan 7.41	As part of a zoning map amendment to a PD or Cluster development	•	M P	Planning Director	[P&Z]	2 years	Article 2, Article 3
ULDC Text Amendment 7.42	Prior to a change of the text in this ULDC	--	P W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Zoning Map Amendment 7.43	Prior to establishing or expanding an activity, building type, or land use prohibited in the current zoning district	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Special Use Permit 7.44	Prior to construction and permitting of any land use that is designated as a special use	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	24 months if use is not established and / or Building Permit not issued	Article 2
Planned Unit Development 7.45	Prior to establishing a Planned Unit Development (PUD)	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	Sec. 2.25
VARIANCES AND ADMINISTRATIVE APPEALS: Require final decisions that provide interpretation of standards or establish the way design or development will occur on specific sites in manners that either vary from the standards of this ULDC or that are contested by an aggrieved party. Such final decisions are characterized by exercise of discretion.
Variance 7.51	Prior to or concurrent with submittal of a Site Plan, or Sign Permit	--	M P S W	1st: Planning Director	[BOA]	None	Article 3
Variance, Floodplain 7.52	Refer to procedures in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.
Appeal of Administrative Decision 7.53	Within 30 days after an appellant or their agent received notice or the action of the official that is the subject of the appeal	--	P M W	[BOA]		None	--
SUBDIVISION REVIEW APPLICATIONS: Require final decisions related to dividing larger tracts of land into smaller lots. City staff or legislatively appointed administrative bodies make final decision based on regulations in this ULDC and on technical requirements of various City departments, local and state agencies, and utilities.
Development Plat 7.61	Prior to development of a property that does not require a subdivision plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	6 months	--
Preliminary Plat 7.62	Prior to a Final Plat in order to subdivide land into five or more lots or lots that require the creation of a street or the expansion of municipal facilities	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	3 years	Article 4
Final Plat 7.63	Following approval of a Preliminary Plat	--		Planning Director	Planning Director	1 year if unrecorded; None after recordation	Article 4
Replat 7.64	Prior to changing the number of lots on a recorded Final Plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]³	2 years; None after recordation	Article 4
Vacating Plat 7.65	Prior to removing the force of a recorded plat covering a property or properties	•		1st: Development Review Committee 2nd: Planning Director	Administrative body that approved the original Minor, Amending, Replat, or Final Plat	2 years; None after recordation	--
Waiver 7.66	Prior or concurrent with submittal of a Preliminary Plat that varies from the subdivision design standards	--	P W	1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	Same as associated plat	Article 4
TABLE NOTES: 1. For complete notice requirements, see Sec. 7.25, Public Notice, and Sec. 7.26, Public Meetings and Hearings. 2. The time period in the "Expiration" column is measured from the date of the issued approval. Expiration occurs if the applicant does not commence the work prior to the expiration or does not diligently pursue completion of the project or the subsequent required approval. See Sec. 7.29, Inactive and Expired Applications. "Commence," for the purposes of this table, means the first City inspection of a development, such as the initial rough plumbing inspection. 3. A public hearing is required if the proposed replat requires a variance or exception, as mandated by Texas Local Government Code Section 212.015. If a public hearing is not required, the final action shall take place at a public meeting of the Planning and Zoning Commission.

(Ordinance No. 16,024, 12/12/2024)

Effective on: 1/1/2025

Sec. 7.31 Administrative Adjustment

Generally. In addition to the applicable required procedures in Division 7.2, Common Review Procedures, the following shall apply to an Administrative Adjustment.

Purpose.

1.
Changes of Modifications. An Administrative Adjustment may allow small changes or modifications to certain standards of a proposed development that may be approved by the Planning Director.
2.
Percentage. The Planning Director may approve minor modifications of any numeric standard in this ULDC up to a maximum of 10 percent when there are practical difficulties in applying the development standards for a project that otherwise complies with the standards of this ULDC.
3.
Variance Reference. Requested adjustments greater than 10 percent shall be submitted and reviewed as a variance in accordance with Sec. 7.45, Variance.

Specific Decision Criteria.

1.
Review and Decision. In determining whether to approve, approve with conditions, or deny a site development plan, the review bodies shall consider the applicable common decision criteria in Sec. 7.24 and the following:
1. a.
  Maximum Percentage. The requested adjustment does not exceed 10 percent of the minimum requirements.
2. b.
  Hardship. The hardship, if any, under which the adjustment is sought, was not created by the owner or occupant of the subject property, nor was it suffered as a result of a violation of this ULDC or any other applicable code of the City.
3. c.
  Minimum Necessary. The adjustment shall be the minimum necessary to grant relief from a demonstrated hardship.
4. d.
  Adjoining Property. The adjustment shall not substantially impair the permitted use or development of adjoining property.
2.
Affirmative Findings. In order to approve an administrative adjustment, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

Effective on: 1/1/1901

Sec. 7.32 Site Development Plan

1.
Infrastructure Capacity. The proposed development does not exceed the capacity of existing and planned infrastructure and public services including, but not limited to, systems for water, sewer, drainage, transportation, solid waste removal, and public safety;
2.
Circulation, Accessibility, and Compatibility. The design of the project provides for vehicle and pedestrian accessibility and circulation within, out of, and into the development and appropriate compatibility and buffering between the development, surrounding land uses (existing or planned), and the natural environment; and
3.
Hazards and Nuisances. The proposed development protects public health and safety against natural and man-made hazards and nuisances which include, but are not limited to, traffic noise, water pollution, and flooding.

Effective on: 1/1/1901

Sec. 7.33 Minor or Amending Plat

1.
Number of Lots. The Minor Plat is proposed for the creation of four or fewer lots.
2.
Existing Street. Each lot in the Minor Plat has frontage on an existing public street without the need for the creation or extension of a new public street.
3.
Existing Utilities. Existing public utilities of adequate capacity serve the entirety of the subject property in the Minor Plat without the need for an extension.
4.
TLGC Reference. The purpose of the Amending Plat is solely one or more of those listed in TLGC Sec. 212.016.

Effective on: 1/1/1901

Sec. 7.34 Lot Consolidation

Specific Review Procedures.

1.
Lot Consolidation in Lieu of Record of Survey. The Planning Director may determine that a Lot Consolidation application may be used instead of a record of survey if:
1. a.
  The lots were created by a map before the County adopted a subdivision approval process;
2. b.
  The consolidation of the lots will result in elimination of potential water well; or
3. c.
  The consolidation of the lots will reduce the density of the lots or bring the lots into conformance with existing zoning.
2.
Application Requirements. The application for the administrative Lot Consolidation procedure must include:
1. a.
  A completed development application;
2. b.
  A completed Lot Consolidation agreement with Harris and Chambers County; and
3. c.
  An eight and one-half-inch by eleven-inch plot plan drawn to show the lots with identifying legal description and measurement of the property.
3.
Map Requirements. The map must:
1. a.
  Include an arrow indicating north on the plot plan.
2. b.
  Identify the lot, block, adjacent roadways, access roads, and easements.
3. c.
  Show the two or more adjoining lots with middle lines designated for removal as a dotted line.
4.
Recording Requirements. The plot plan and the Lot Consolidation agreement must meet the general recording requirements of Texas Local Government Code Sec. 212.016.
5.
Affirmative Findings. In order to approve a Lot Consolidation, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Final Approval and Recording Procedures.

1.
Recordation. When the Planning Director approves a Lot Consolidation, either a record of survey or a Lot Consolidation agreement and plot plan must be recorded in the office of the County Clerk.
2.
Effective Date. Lot Consolidations become effective upon the Lot Consolidation being recorded. This Lot Consolidation process will not affect any existing easement or dedication of record.

Effective on: 1/1/1901

Sec. 7.35 Construction Plans

Effective on: 1/1/1901

Sec. 7.36 Building Permit

Effective on: 1/1/1901

Sec. 7.37 Floodplain Development Permit

Procedures for a Floodplain Development Permit are outlined in Chapter 110, Article II, Division 2, Sec. 110-69, Floodplain Development Permit Procedures, of the City's Code of Ordinances.

Effective on: 1/1/1901

Sec. 7.38 On-Site Water or Wastewater Permit

1.
TCEQ. The development complies with the requirements of the Texas Commission on Environmental Quality.
2.
Code of Ordinances. The development fails to meet applicable standards for public wastewater connections in Sec. 4.27, Public Water and Wastewater Systems.
3.
Impact on Surroundings.
1. a.
  The impact on surrounding properties and environmentally sensitive areas adjacent to the development is minimal; and
2. b.
  The impact on surrounding properties' ability to develop with suitable access to wastewater facilities is minimal.
4.
Lot Characteristics. The total number of lots, size of lots, and overall density of the development is suitable for on-site wastewater;
5.
Environmental Factors. The suitability of the soil conditions, topography, and other environmental factors affecting the development for the installation of the individual on-site wastewater disposal systems;
6.
Master Plans. The proposal complies with the City’s wastewater collection system master plans;
7.
Economic Feasibility. The subject property is greater than 180 feet from the existing wastewater collection system.

Effective on: 1/1/1901

Sec. 7.39 Sign Permit

1.
The sign does not substantially impede the flow of surface water.
2.
The sign is compliant with any other applicable requirements of the City of Baytown Code of Ordinances; and
3.
The sign conforms to the standards set out in Division 3.6, Signs.

Effective on: 1/1/1901

Sec. 7.310 Temporary Use Permit

1.
Temporary Use Standards. The applicable standards detailed in Sec. 2.36, Temporary Use Standards.
2.
Size and Safety of Event. The Planning Director may deny a permit if the use is too large to be safe for the site, neighborhood, street, or infrastructure.

Specific Review Procedures.

1.
Additional Conditions. The Planning Director, in coordination with other City staff, may establish additional conditions that are desirable to ensure land use compatibility or minimize potential adverse impacts on neighboring properties, public streets, or the City as a whole. These may include, but are not limited to, the following:
1. a.
  Hours of Operation. The modification of or restrictions on hours of operation;
2. b.
  Clean Up. Posting of a performance bond to ensure clean-up and removal of signs, equipment, trash, and other similar items; and
3. c.
  Attendance. Limitations on the attendance of an event.
2.
Affirmative Findings. In order to approve a Sign Permit, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effect. Approval of a Temporary Use Permit authorizes the temporary activities on the property that is subject to the permit.

Effective on: 1/1/1901

Sec. 7.311 Certificate of Occupancy

Effective on: 1/1/1901

Sec. 7.312 Written Interpretation

Specific Decision Procedures. The procedures outlined in Division 7.2, Common Review Procedures, shall apply.

Specific Review Criteria. The Planning Director may base the interpretation on one or more of the following:

1.
Other Sources. Sources outside of the ULDC that provide additional information on the provision in question, such as technical or professional literature.
2.
Legislative History. The legislative history of the provision.
3.
Other Interpretations. Other interpretations rendered by the Planning Director associated with the same or related provisions of this ULDC.
4.
Law. Any provision of this ULDC, state law, or federal law that are related to the same subject matter.
5.
Purpose Statements. The purpose statement for the ULDC Article, Division, or Section.
6.
Word Meanings.
1. a.
  The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in a dictionary of common usage;
2. b.
  The provisions of Article 10, Word Usage; and
3. c.
  Any technical meanings of words used in the provision and in context with the meaning of the provision.
7.
Materials or Scenario. The materials or scenario posed by the applicant.

Effect.

1.
No Legal Advice. No written interpretation shall be construed as legal advice.
2.
Final Decision. For purposes of appeal, a Written Interpretation is deemed a final decision. An appeal of a Written Interpretation shall take place in accordance with Sec. 7.28, Appeals.
3.
Recordkeeping. The Planning Director shall keep records of interpretations made pursuant to this Section.

Effective on: 1/1/1901

Sec. 7.313 Minor Modification of an Approved Application

1.
Application Type. The approved application being modified is Site Development Plan, Master Development Plan, Temporary Use Permit, or Variance;
2.
Gross Floor Area (GFA). An addition to a structure does not exceed 10 percent of the previously approved total GFA of the structure;
3.
Height. Additional height of a structure does not exceed 10 percent of the previously approved height.
4.
Position. A shift in a structure's position is less than 10 feet and does not encroach into a required setback or an easement;
5.
Density. The overall density of the project does not increase as a result of the change in GFA, height, or position; and
6.
Condition of Approval. The proposal does not violate a condition of approval for the original application.

Specific Review Procedures.

1.
All Other Modifications. All other modifications that do not meet the specific review criteria in paragraph (A), above, shall require submittal of a new application.
2.
Affirmative Findings. In order to approve a Minor Modification of an Approved Application, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effective on: 1/1/1901

Sec. 7.314 Right-of-Way License

Specific Review Procedures.

1.
Affirmative Findings. In order to issue a Right-of-Way License, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.
2.
Application Requirements. No person shall lay, construct, build, repair, or rebuild any sidewalk, driveway, curb, or gutter on any street, alley, or thoroughfare within the city without:
1. a.
  Applying to the Planning Director for a license to do such work;
2. b.
  Paying a license fee of $10.00; and
3. c.
  Obtaining a permit from the Planning Director to do such work.

Effective on: 1/1/1901

Sec. 7.315 Easement Encroachment License

Specific Review Procedures.

1.
Affirmative Findings. In order to issue an Easement Encroachment License, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.
2.
Application Requirements. Application for a permit required under this Section shall be addressed in writing to the Planning Director, and the applicant shall set forth the following:
1. a.
  The name and address of the person seeking the permit;
2. b.
  The name and address of the contractor employed to do the work, if any;
3. c.
  The nature of the building, structure, or edifice proposed to be erected, including the type of construction proposed;
4. d.
  The use or occupancy to which such proposed building is to be placed;
5. e.
  The name of the subdivision, if any, and the lot and block number where it is proposed to be built; and
6. f.
  Whether or not such proposed building, structure, or edifice or any part thereof will be in, upon, over, or across any easement granted to the City or upon, over, or across any privately constructed sanitary sewer, storm sewer, water main, or electric line conduit of which the applicant has actual or constructive notice.

Effect.

1.
Appeal from Denial. If the City Engineer refuses to grant a permit required under this Section, the applicant may have such action reviewed by an appeal to the City Council in writing within ten days after the decision of the City Engineer is published. The hearing on the appeal to the City Council shall be de novo, and the decision of the City Council shall be final.
2.
Permit to Maintain when Construction Permit not Obtained. If it appears to the City Engineer, upon written application by any person, that a building, structure, or other edifice has been constructed upon or across any sanitary sewer, storm sewer, water main, or easement granted for the purpose of constructing and maintaining such utilities and that such construction was done without the required permit through inadvertence, mistake, or ignorance of the existence, the City Engineer is empowered to issue a permit to maintain such building, structure, or edifice, provided that, upon investigation, the City Engineer is satisfied that a permit would have been granted in the initial instance prior to construction. If the City Engineer refuses to issue the permit to maintain as provided in this section, the applicant shall have the same right to appeal to the City Council as provided in Paragraph C.1.

Effective on: 1/1/1901

Sec. 7.41 Master Development Plan

1.
Phasing. The development is phased in a manner that assures an adequate mixture of residential and nonresidential land uses, for a Planned Unit Development, and allows for transition from the early phases to completion, relating to the intensity of uses and parking.
2.
Undeveloped Space. Together with the developed areas, the undeveloped spaces devoted to natural resource preservation, buffering of uses, and for passive and active recreational use are continuous throughout the development and where appropriate may double as stormwater best management practices.
3.
Streets and Parking. The streets are designed in conformance with Article III, Streets, of Chapter 109 of the Code of Ordinances, and, where appropriate, for multi-modal purposes, including being used as access and transit ways, for on-street parking, and safe use of pedestrians and bicyclists, and the parking is well-distributed and designed to preserve an urban streetscape for a Planned Unit Development, where the context is appropriate.
4.
Walkability. For Planned Unit Developments, the connections within and between buildings, civic spaces, parking areas, and to the surrounding development; the presence of amenities and other pedestrian improvements; and the proximity of origins and destinations both internal and external to the development are such that walking and bicycling are safe and viable modes of transportation.
5.
Quality Design. The design of buildings and hardscape and landscape areas help to establish visual interest, aesthetic appeal, and a unique identity for the development, including as key considerations human-scale amenities, integration of civic and open spaces for public interaction, and protection from the environmental elements.
6.
Building Form and Massing. For Planned Unit Developments, the placement, arrangement, size, and relationships of buildings relative to streets, pedestrian and civic spaces, and one another create an urban environment.
7.
Site Layout. The subject property is laid out in an efficient manner relative to the natural and built environments and designed to achieve the aims of a compact, highly walkable environment, whether through traditional sidewalks and walkways for Planned Unit Developments or through trails for cluster developments.

B.
Effect. Upon approval, all subsequent site development plans and other permits shall clearly demonstrate consistency and conformance with the adopted Master Development Plan.

Effective on: 1/1/1901

Sec. 7.42 ULDC Text Amendment

1.
Impact Mitigation. The proposal helps to mitigate adverse impacts of the use and development of land on the natural or built environments, including, but not limited to, mobility, air quality, water quality, noise levels, stormwater management, and vegetation, or will be neutral with respect to these issues;
2.
Changing Condition. The amendment is necessary to address a changing condition that was not anticipated in the Comprehensive Plan or this ULDC; and
3.
Strategic Objectives. The proposal advances the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.

Specific Review Procedures.

1.
Minor Updates and Changes. If necessary, the Planning Director may, with approval on the Planning and Zoning Commission as a Consent Agenda item:
1. a.
  Correct spelling or punctuation errors;
2. b.
  Make cross-reference changes (because another section of this ULDC or the City's Code of Ordinances has been moved or changed);
3. c.
  Correct cross-reference errors; and
4. d.
  Update graphics and images that do not change any substantive standards of this ULDC.
2.
Significant Changes. If the Planning and Zoning Commission deems the proposed changes by the Planning Director to be significant, then the Planning Director may pursue a formal Text Amendment in accordance with this Section.

Effect.

1.
No Retroactive Cure of Violations. The amendment of the text of this ULDC may transform a legally nonconforming situation into a conforming one. However, no text amendment shall be considered for the sole purpose of curing a violation of any part of this ULDC.
2.
Effective Date. Approval of a ULDC Text Amendment shall take effect upon the effective date of the ordinance or resolution approving the amendment.

Effective on: 1/1/1901

Sec. 7.43 Zoning Map Amendment

1. 1.
  Changed Conditions. There are changed conditions;
2. 2.
  No Adverse Impacts on the Natural Environment. The Zoning Map Amendment would not result in adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater quality, wildlife, vegetation, and wetlands; and
3. 3.
  Addresses Community Need. The application addresses a demonstrated community need.

B.
Specific Review Procedures.
1. 1.
  Recommendation of Denial of Rezoning Request. If the Planning and Zoning Commission recommends denial of a Zoning Map Amendment, the City Council shall only approve the request with a three-fourths majority vote of all voting members (present and absent) of City Council.
2. 2.
  Protest Against Rezoning. A Zoning Map Amendment shall not become effective except by a favorable vote of three-fourths of all members of the City Council if either of the following sign a valid protest against the amendment:
  1. a.
    Owners of 20 percent or more of the land included in such proposed Amendment; or
  2. b.
    Owners of 20 percent of the land within 200 feet of the subject property. The land area within this radius includes any intervening public street or alley.
C.
Effect. Approval of a Zoning Map Amendment shall take effect upon the effective date of the resolution approving the amendment.

Effective on: 1/1/1901

Sec. 7.44 Special Use Permit

1.
SUP Standards. All the standards of Sec. 2.34, Special Use Standards, as applied to the proposed special use are met;

1. 2.
  Nuisance Prevention. Adequate nuisance prevention measures will be taken and maintained to prevent or control offensive odor, fumes, dust, light, noise, and vibration prior to the issuance of a Certificate of Occupancy;
2. 3.
  Harmony. There are sufficient landscaping, screening, setbacks, and other land use measures to ensure harmony and compatibility with adjacent property; and

1. 3.
  Additional Requirements. The site plan meets the criteria set forth in Paragraph (B) below.

B.
Additional Criteria for Special Use Permits. The Planning and Zoning Commission may recommend and the City Council may adopt other conditions on any Special Use Permit application that are needed to protect the public health, safety and welfare, including, but not limited to, hours of operation and additional landscape or parking requirements.
1. 1.
  Occupation, Construction, Alteration, Extension, or Expansion. It shall be unlawful for any person to occupy, construct, alter, extend or expand any use within a zoning district which permits that use only as a special use unless a Special Use Permit has first been issued by the City Council for the specific occupation, construction, alteration, extension or expansion of the proposed use in accordance with the provisions of this Section. If approved, the permit shall be issued specifically to the person named in the application for the permit and shall not be transferred without providing prior written notification to the Planning Director.
2. 2.
  Compliance and Documentation. All uses that receive a Special Use Permit as required under this Section shall meet all applicable regulatory requirements of the state and federal government and shall meet all applicable requirements of this and other pertinent ordinances of the City. Applicants for Special Use Permits shall provide documentation that identifies all applicable federal and state licensing requirements for the proposed facilities at the time of application. Copies of the documentation from the state or federal agencies indicating compliance (i.e. licenses or certificates) shall be provided to the City no later than 60 days of issuance of the compliance documents.
3. 3.
  Location Determination. Prior to leasing or purchasing facilities, potential heavy industrial use developers are strongly encouraged to meet with the Planning Director to determine if the location will require a Special Use Permit or other approvals and to review the merits of potential locations.
4. 4.
  Site Plan Required. All applications for a Special Use Permit shall be filed with the Planning Director. The application shall be accompanied by a site plan which, along with the application, will become a part of the Special Use Permit, if approved. The accompanying site plan shall provide the following information:
  1. a.
    For recreational vehicle parks:
    i.
    General layout of the development; and
    ii.
    Number of recreational vehicle stands; or
  2. b.
    For all other developments requiring a Special Use Permits:
    i.
    Data describing all processes and activities involved with the proposed use;
    ii.
    Data showing compliance with the conditions listed in 2.34, Special Use Standards;
    iii.
    Site plan showing lot size and boundaries drawn to scale;
    iv.
    The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height, roofline and gross floor area of any such building or structure, walls, fences, and buffering. All items on site plan shall be dimensioned;
    v.
    The location of existing natural and manmade stormwater facilities and significant natural features;
    vi.
    Proposed wastewater facilities and points of discharge;
    vii.
    Proposed landscaping and screening buffers;
    viii.
    The location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities, and outdoor trash storage facilities;
    ix.
    Traffic impact analysis, unless the applicant secures a written waiver from the City Engineer stating that the proposed use will have no significant impact on the City's traffic system; and
    x.
    Anticipated permits required regarding pollutants, wetlands and hazardous materials.
5. 5.
  Technical Expert. When a Special Use Permit is required to comply with the provisions of this ULDC and when the technical information provided by the applicant is beyond the technical capacity of the City staff to review the application, in addition to the usual application fee, the applicant shall reimburse the City for the actual cost to the City for the services of a technical expert to review the application and/or information supplement. The Planning Director shall notify the applicant in writing at least five working days prior to hiring a technical expert so that the applicant has the opportunity to withdraw his application or provide feedback on the hiring of the technical expert.
C.
Specific Review Procedures.
1. 1.
  Application. In addition to requirements in Sec. 7.22, Application Submittal, Fees, and Completeness, SUP applications shall include the following substantive information:
  1. a.
    The grounds on which the special use is requested;
  2. b.
    A site plan; and
  3. c.
    A statement regarding how the proposed special use meets all applicable requirements of this ULDC.
2. 2.
  Simultaneous Processing. An application for a SUP may be processed simultaneously with other required applications, such as a Zoning Map Amendment, and approval of the other applications may be a condition of approval of the SUP. However, each application shall be processed on its own independent merits according to the standards applicable to the application.
3. 3.
  Conditions of Approval.
  1. a.
    Generally. In addition to the general requirements listed above, uses requiring a SUP shall be subject to the imposition of conditions for each use outlined below:
    i.
    Assurance that the special use is developed exactly as presented in drawings, exhibits, and assertions made at the hearings.
    ii.
    Limit uses, reduce density, and/or increase open space, landscaped surfaces, or environmental protection to ensure that the special use is consistent with the area's character or adequately protects the use and enjoyment of neighboring property.
    iii.
    Limit the length of time a special use may exist or provide for periodic review of the appropriateness of the use, or provide for eventual elimination of the use.
    iv.
    Impose conditions on hours of operation and the use of outdoor lighting.
    v.
    Impose any other conditions that ensure the general purposes, goals, and objectives of the Comprehensive Plan and this Code are met.
    vi.
    Prevent or minimize adverse effects from the proposed special use and development on other properties in the neighborhood and on the public health, safety, and welfare.
  2. b.
    Acceptance of Conditions.
    i.
    All conditions and restrictions shall be provided in writing to the applicant within three days of approval by the City Council.
    ii.
    The applicant shall submit a written statement agreeing to the approval and all conditions within ten days of the date of the written notice of the conditions and restrictions.
    iii.
    If the conditions are accepted, the project is approved. If no agreement is offered or if the conditions are rejected, the application is denied.
4. 4.
  Amendment of SUP Approval. No use or activity permitted as a SUP shall be enlarged or extended beyond the limits authorized in the grant of special use approval. All enlargements, extensions, and changes in use shall require a new application for a special use to reflect the change(s).
5. 5.
  Revocation. The Planning Director may revoke a Special Use Permit if it is determined that any of the following are true:
  1. a.
    The applicants have misrepresented any material fact on their application, or supporting materials;
  2. b.
    The special use fails or ceases to comply with applicable standards, conditions or criteria for issuance of a permit;
  3. c.
    The operation of the special use violates any statute, law, ordinance or regulation; or
  4. d.
    The operation of the special use constitutes a nuisance or poses a real or potential threat to the health, safety or welfare of the public.
6. 6.
  Expiration. A lapse of a period greater than 24 months from the date of City Council approval causes the Special Use Permit and all related approvals or permits to expire and be of no further force and effect unless one of the following conditions are met:
  1. a.
    The holder of the Special Use Permit is issued a Certificate of Occupancy for the use specified in the Special Use Permit;
  2. b.
    If no Certificate of Occupancy is required, the holder of the Special Use Permit is issued a Certificate of Completion for the use specified in the Special Use Permit; or
  3. c.
    In projects where the use will be established on the property in phases, the applicant may submit a series of permit applications to prevent the Special Use Permit from expiring. The phasing plan must be annotated on the application for the Special Use Permit. The first Certificate of Occupancy or completion must be issued within 24 months of Special Use Permit approval. No more than 24 months shall pass between subsequent issuances of Certificates of Occupancy or Completion until the project specified in the Special Use Permit is complete.
  4. d.
    If expired, a new Special Use Permit application must be submitted and approved before engaging in the use.
7. 7.
  Discontinuation of Use. A Special Use Permit shall expire 12 months following the discontinuation of the use for which the Special Use Permit was approved.
D.
Effect of Decision.
1. 1.
  Authorization. An approved SUP authorizes a use or structure according to specific standards set out in this ULDC and conditions of approval. Approval of a special use does not directly authorize development if other approvals are also required by this ULDC. Therefore, development approved by a special use shall not be carried out until the applicant has secured all other development approvals required by this ULDC.
2. 2.
  Official Zoning Map Annotation. Upon approval of a SUP, the Planning Director shall indicate the same in the proper place on the Official Zoning Map by use of an appropriate code number or symbol.
3. 3.
  Transferability. A SUP is not transferable between property owners or between operators or applicants unless the City Council stipulates as such as part of its approval of the SUP.

Effective on: 1/1/1901

Sec. 7.45 Planned Unit Development

Detail Plan Requirements. The application for PUD district must have a Detail Plan, which shall include the following:

1.
Purpose. The Detail Plan contains the details of development for the property;
2.
Relation to the Comprehensive Plan. A general statement setting forth how the proposed development will relate to the City's Comprehensive Plan and the degree to which it is or is not consistent with the Comprehensive Plan and the proposed base zoning district;
3.
Acreage. The total acreage in the plan as shown by a survey or plat, certified by a registered professional land surveyor;
4.
Land Uses. Permitted uses, specified in detail, and the acreage for each use;
5.
Off-Site Information. Adjacent or surrounding land uses, zoning, streets, drainage facilities, and other existing or proposed off-site improvements, sufficient to demonstrate the relationship and compatibility of the development to the surrounding properties, uses, and facilities;
6.
Traffic and Transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the development, and the traffic generated by the proposed uses. Identify the relationship of each proposed street to the City's major thoroughfare plan;
7.
Development Standards. Development standards, if different from the base zoning district, for each proposed land use, as follows:
1. a.
  Minimum lot area;
2. b.
  Minimum lot width and depth;
3. c.
  Minimum front, side, and rear building setback areas;
4. d.
  Maximum height of buildings;
5. e.
  Maximum lot coverage;
6. f.
  Maximum floor-to-area ratios for nonresidential uses;
7. g.
  Minimum parking standards for each general land use; and
8. h.
  Other standards as deemed appropriate.
8.
Existing Conditions. On a scaled map sufficient to determine detail, the following shall be shown for the area within the proposed development:
1. a.
  Existing streets;
2. b.
  Existing 100-year floodplain, floodway, and major drainage ways;
3. c.
  Zoning districts within and adjacent to the proposed development;
4. d.
  Land use; and
5. e.
  Utilities, including water, wastewater, and electric lines.
9.
Buildings. The locations, maximum height, maximum floor area, and minimum setbacks for all nonresidential buildings;
10.
Residential Development. The numbers, location, and dimensions of the lots, the minimum setbacks, the number of dwelling units, and number of units per acre (density);
11.
Water and Drainage. The location of all creeks, ponds, lakes, floodplains or other water retention, or major drainage facilities and improvements;
12.
Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the development;
13.
Open Space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be for public or private use;
14.
Sidewalks and Bike Paths. Sidewalks or other improved ways for pedestrian or bicycle use;
15.
Landscape Plan. A landscape plan; and
16.
Phasing Schedule. A development larger than 100 acres shall provide a phasing schedule depicting the construction phases.

(Ordinance No. 16,024, 12/12/2024)

Effective on: 1/1/2025

Sec. 7.51 Variance

1.
Use and Sign Type Variances. Variances are prohibited that would allow a land use or a sign type in a zoning district in which the use or sign type is prohibited.
2.
Variances to Other Laws or Regulations. Variances to state or federal laws or to regulations outside of this ULDC are not subject to this Section.
3.
Conditions of Approval. An applicant may seek modifications to conditions of approval on an approved application. Such requests shall be subject to the review procedures of a new application.
4.
Parking Credits and Reductions. Adjustments to the number of parking spaces required are not subject to this Section and may only be authorized in accordance with Sec. 3.35, Parking Credits and Reductions.
5.
Subdivision Standards. Relief from the requirements of Article 4, Subdivision Design, is not subject to this Section and may only be authorized in accordance with Sec. 7.66, Waiver.

1.
Variances for Signs. Criteria for Variance requests regarding signs are outlined in Division 3.6, Signs, of this ULDC.
2.
Other Variances. To approve the application, affirmative findings shall be made of all applicable criteria, including the following:
1. a.
  Special Circumstances or Conditions Exist. There are special circumstances or conditions existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions, and location that do not apply generally to other property in the same area and in the same zoning district;
2. b.
  Not Created by Applicant and Not Financial. The special circumstances or conditions existing on the property were not created by the applicant and are not merely financial;
3. c.
  Use of Property. Such special circumstances or conditions existing on the property on which the application is made deprive the applicant of the same rights in the use of his property that are presently enjoyed by other owners of properties located in the vicinity and same zoning district;
4. d.
  Will Not Adversely Affect Land Use Pattern. Granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the City's Comprehensive Plan; and
5. e.
  Not Detrimental to Public. Granting of a variance will not be detrimental to the public health, safety, or welfare or injurious to the use, enjoyment, or value of other property in the vicinity.

Specific Review Procedures.

1.
Procedures. Procedures for Variance requests regarding signs are outlined in Division 3.6, Signs, of this ULDC.
2.
Affirmative Findings. In order to approve a Variance, the final decision-making body established in Sec. 7.11, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effect.

1.
Particular Variation. Issuance of a Variance shall authorize only the particular variation that is approved in the variance request.
2.
Property Ownership. A Variance shall run with the land and not be affected by a change in ownership.
3.
Other Approvals. Approval of a Variance does not guarantee that the development shall receive subsequent approval for other development review applications unless the relevant and applicable portions of this ULDC or any other applicable provisions are met.

Effective on: 1/1/1901

Sec. 7.52 Variance, Floodplain

Procedures for Variance, Floodplain are outlined in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.

Effective on: 1/1/1901

Sec. 7.53 Appeal of Administrative Decision

1.
Record and Evidence. The administrative decision was appropriate considering the written record of the case and the evidence presented; and
2.
Ordinance Requirements. The decision reflects the requirements contained in this ULDC.

Specific Review Procedures.

1.
Transmission of Records. The staff person whose decision is appealed shall transmit to the Board of Adjustment all of the documents constituting the record of the appealed action.
2.
Burden of Proof in Appeals. The Board of Adjustment shall presume as valid the final decision being appealed. The appellant shall present sufficient evidence and have the burden to justify a reversal of the decision being appealed.
3.
Affirmative Findings. In order to act on an Appeal of Administrative Decision, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effect.

1.
Stay of Proceedings. An Appeal of Administrative Decision shall stay all proceedings in furtherance of the action being appealed by the official from which the appeal is taken unless the official certifies that a stay would cause imminent peril to life or property.
2.
Final Decision. The Board of Adjustment shall have the final decision-making powers of the administrative official from whom the appeal is taken. Further appeals of the Board's decision shall be heard by a court of competent jurisdiction.
3.
No Variance. A decision on an Appeal of Administrative Decision cannot, in effect, grant or issue a Variance.

Effective on: 1/1/1901

Sec. 7.61 Development Plat

Generally. In addition to the applicable required procedures in Sec. 7.24, Common Decision Criteria, the following shall apply to Development Plats.

1.
Never Platted or Replatted. That has not been platted or replatted on or before the effective date of this ULDC;
2.
Exemption from Subdividing. For which the property owner claims an exemption from the requirements to submit a Minor, Amending, Preliminary, or Final Plat or a Replat;
3.
Private Access. For which the only access is a private easement or street; or
4.
Greater than Five Acres. The division of which will result in parcels or lots each of which is greater than five acres in size, and where no public improvement is proposed to be dedicated or constructed.

C.
Exceptions. No Development Plat shall be required where the land to be developed has received Final Plat or Replat approval on or before the effective date of this ULDC.
D.
Specific Decision Criteria.
1. 1.
  Review and Decision. In determining whether to approve, approve with conditions, or deny a Development Plat, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:
  1. a.
    Safety Hazard. The proposed development will not create a safety hazard on a public roadway (such as by not providing adequate on-site parking or vehicle maneuvering space for a restricted access/gated entrance).
  2. b.
    Public Improvements. Appropriate agreements for acceptance and use of public improvements to serve the development have been tendered.
  3. c.
    Standards and Specifications. The proposed development conforms to the design and improvement standards contained in the City's Engineering Design Standards and Specifications.
2. 2.
  Required Approval. If the Planning and Zoning Commission finds that a Development Plat complies with all applicable decision criteria, then it is required to approve the Plat.

Effective on: 1/1/1901

Sec. 7.62 Preliminary Plat

1.
Prepared by a Surveyor. A Preliminary Plat shall be prepared by a Professional Land Surveyor registered in the State of Texas.
2.
Notice on Plat. The following notice shall be printed on the face of each Preliminary Plat submitted: "Preliminary Plat - for inspection purposes only and in no way official or approved for recording purposes."
3.
Specifications. Plat sheet sizes shall be drawn at industry-standard engineering scales on standard ANSI or Architectural sheet sizes sufficient to legibly illustrate the proposed layout and required information. However, one dimension of the plat sheet may not exceed 36 inches.
4.
Contents. The subdivider shall provide the following items in a legible manner on a Preliminary Plat.
1. a.
  All unsubdivided contiguous land under single or common ownership shall be included in the Preliminary Plat. However, if approved by the Planning Director prior to submittal, the limits of a Preliminary Plat may include a portion of the owner's contiguous land and extend to known identifiable limits such as collector streets or other well-defined development barriers.
2. b.
  Location map, legibly illustrating the general position of the property relative to at least two intersecting City of Baytown arterial streets or State highways.
3. c.
  Scale, north arrow, date, exact acreage, proposed subdivision name, and other pertinent site-specific descriptive information.
4. d.
  Property owner's name, address, and telephone number, including the record owner and warranty deed recording information of the proposed subdivision.
5. e.
  Accurate one-foot interval contours according to NAD83/NAVD88 datum or subsequent established United States Geodetic Survey data adopted by the City. The face of the Preliminary Plat shall indicate the source, datum, and date of creation for the contour data.
6. f.
  The Preliminary Plat must be tied by survey to abutting section corners, or when the proposed subdivision abuts or is abutting an existing recorded plat, the Preliminary Plat may be tied by survey to such existing plat. Boundary lines for the proposed subdivision shall be indicated by heavy lines. Boundaries for lots and/or tracts within the plat boundary shall be shown in solid lines. Existing cross streets shall be shown for reference at the property boundary.
7. g.
  The approximate location of any City limit lines including labels for inside and outside City limits.
8. h.
  The name and location of all abutting subdivisions shall be drawn to the same scale and shown in dashed lines abutting the tract proposed for subdivision in sufficient detail to show accurately the existing streets and alleys and other features that may influence the layout and development of the proposed subdivision. Abutting unplatted land shall show property lines and owners of record. If the abutting land has a current approved Preliminary Plat, it shall be shown on the Preliminary Plat.
9. i.
  The following adjoining and abutting property information shall be shown on all property adjoining and abutting the plat boundary:
  1. i.
    Subdivision name, Lot #, Block #, and recording information (if the property is platted);
  2. ii.
    Name of ownership with deed and recording information (if the property is not platted); and
  3. iii.
    Any recorded easements known to the surveyor at the time of submittal with recording information.
10. j.
  The location, name, and width of all streets, alleys, public and private easements, and rights-of-way existing or proposed within the subdivision limits, along with the proposed names of streets.
11. k.
  The location of proposed closures of existing streets, alleys, easements, and rights-of-way.
12. l.
  The major road system and location of site with respect to the City (southeast, northwest, etc.)
13. m.
  The known location of all existing property lines within the area proposed for subdivision.
14. n.
  Proposed arrangement of lots. Property for residential use shall be platted as lots and shall be numbered consecutively from one to the total number of lots in the subdivision. Property platted for commercial use, public use, or private street use shall be platted as tracts and shall be lettered in alphabetical order.
15. o.
  The title of the proposed subdivision, the name of the owner(s) with sufficient data to show ownership, and the proponent of the preliminary plat and current landowner(s) at time of submittal (if different than proponent). The proposed title shall not conflict with any previous subdivision name.
16. p.
  Sites proposed for stormwater drainage and impoundment easements, parks, or other property owned by the City or any other governmental entity shall contain no blanket or specific utility easement until approved by the City Engineer or authorized representative of other governmental entities.
17. q.
  A preliminary drainage analysis and map that meets the requirements of the Stormwater Management Plan of the City.
18. r.
  A statement regarding maintenance of any installed detention/retention basins shall be stated on the face of the plat.
19. s.
  Subdivision names shall not change once approved by the Planning and Zoning Commission.
20. t.
  All spelling on the plat shall be correct.

Specific Decision Criteria.

1.
Review and Decision. In determining whether to approve, approve with conditions, or deny a Preliminary Plat, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:
1. a.
  Standards and Specifications. The proposed development conforms to the design and improvement standards contained in the City's Engineering Minimum Design Standards and Specifications.
2. b.
  Other Review Bodies. If applicable, approval from any public school district sharing territory with the City of Baytown and any legislative-created districts.
2.
Required Approval. If the Planning and Zoning Commission finds that a Preliminary Plat complies with all applicable decision criteria, then it is required to approve the Plat.

Approval Procedures.

1.
Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall approve or disapprove the application. If the application is disapproved, the Planning and Zoning Commission shall provide a written statement to the applicant in accordance with Texas Local Government Code Section 212.0091.
2.
Applicant Response to Disapproval. The applicant may submit a response to the Planning and Zoning Commission in accordance with Texas Local Government Code Section 212.0093. If submitted in accordance with the filing calendar, the Planning Director shall file the response with the Planning and Zoning Commission for consideration within 15 days.
3.
Consideration of Response by Planning and Zoning Commission. The Planning and Zoning Commission shall approve or disapprove a response submitted in accordance with Texas Local Government Code Section 212.0093. If the response is disapproved, the Planning and Zoning Commission shall provide a written statement to the applicant in accordance with Texas Local Government Code Section 212.0091.

Commission Final Decision.

1.
Action. The Planning and Zoning Commission shall make a final decision on the Preliminary Plat at a regularly scheduled meeting held within 30 days of the date the Plat is filed. This deadline may be extended an additional 30 days if the applicant requests Planning and Zoning Commission approval.
2.
No Action. If no action is taken by the Planning and Zoning Commission at the end of the 30-day period, without the request of an extension, the Plat shall be deemed to have been approved.
3.
After Decision. After the Planning and Zoning Commission makes a final decision on the Preliminary Plat, the applicant may then submit a Final Plat Application. A Preliminary Plat and a Final Plat of the same subdivision shall not be placed on the same meeting agenda.

No Public Dedication. Approval of the Preliminary Plat shall not constitute any real property grant or dedication or the acceptance of any public improvements.

Effective on: 1/1/1901

Sec. 7.63 Final Plat

Waiver of Final Plat.

1.
Notwithstanding the general requirements of this ULDC, the Planning Director may, upon review of the Preliminary Plat submittal as required, not require the submittal of a Final Plat provided the following specific conditions are met:
1. a.
  A utility easement will not be required due to the location and accessibility of the building with respect to the existing public street system;
2. b.
  Density requirements are not exceeded;
3. c.
  All structures lie within 150 feet of a dedicated and improved street;
4. d.
  No conflict exists with the major thoroughfare plan; and
5. e.
  No street right-of-way dedication is required.
2.
This action does not release the developer from meeting drainage requirements.

Land Not to be Excluded.

1.
Avoidance. A Final Plat shall not exclude land that should otherwise be included for the purpose of avoiding requirements of this ULDC, including, but not limited to, the requirement to improve existing perimeter streets or to dedicate a street designated on the current City of Baytown Master Thoroughfare Plan.
2.
Remainder Tracts. In no case shall a Final Plat exclude land so as to leave a remainder of such size, shape, or location as not to be developable in substantial compliance with the requirements of this ULDC.

Applicant Responsibilities. The Final Plat shall incorporate all preliminary plat information and conditions approved by the Planning and Zoning Commission and shall meet the following:

1.
Prepared by a Surveyor. A Final Plat shall be prepared by a Professional Land Surveyor registered in the State of Texas.
2.
Boundary and Acreage. The plat boundary and the exact acreage included in that boundary.
3.
Name. Title or name of the plat. If a lot or tract is replatted, all land in the original lot(s) or tract(s) shall be replatted in order to retain the original plat name.
4.
Specifications. Plat sheet sizes shall be drawn at industry-standard engineering scales on standard ANSI or Architectural sheet sizes sufficient to legibly illustrate the proposed layout and required information. However, one dimension of the plat sheet may not exceed 36 inches.
5.
Geographic Data. The map scale, horizontal datum, north arrow, and date.
6.
Adjacent and Abutting Properties. Referenced by:
1. a.
  Name of recorded plats of adjacent and abutting properties;
2. b.
  Property lines and owners of record for unplatted land;
3. c.
  A specific indication of applicable City Limit boundaries; and
4. d.
  The following adjoining property information shall be shown on all property abutting the plat boundary:
  1. i.
    Subdivision name, Lot #, Block #, and recording information (if the property is platted);
  2. ii.
    Name of ownership with deed and recording information (if the property is not platted); and
  3. iii.
    Any recorded easements known to the surveyor at the time of submittal with recording information.
7.
Final Plat Survey and Control.
1. a.
  The Final Plat dimensional control shall be in units of U.S. Survey Feet to the nearest one-hundredth of a foot. Directional control shall be shown as bearings to the nearest arc second. The description of the methodology used and the source, datum, and date of creation of the relevant points must be included on the face of the plat. Control for a Final Plat shall be established by one of the following methods:
  1. i.
    The Final Plat must be tied by survey to adjacent section corners; or
  2. ii.
    When the approved subdivision abuts or is adjacent to an existing recorded plat of the City of Baytown or Chambers County, the Final Plat may be tied by survey to such existing plat.
2. b.
  The Final Plat shall include horizontal coordinates on at least two of the boundary corners relative to the Texas Coordinate System of 1983, North Central Zone datum as described in Texas Natural Resources Code, Title 2, Chapter 21, or subsequently established United States Geodetic Survey data adopted by the City of Baytown.
8.
Lot Lines. Boundary lines of all lots, tracts, and parcels with accurate dimensions, bearings, radii, chord distances, and central angles of all curve segments, for all total curves. Such lines shall be shown in the same manner as required for Preliminary Plats in 7.62, Preliminary Plat.
9.
Identification. Numbers and letters to identify each lot or tract.
1. a.
  Lots shall be numbered consecutively from one to the total number of lots in the subdivision. Tracts shall be lettered in alphabetical order. Such designation will be continuous in the order that Final Plats of portions of a Preliminary Plat are recorded with the County Clerk.
2. b.
  Replatted lots will be designated alphanumerically (e.g. Lot 1-A), and further subdivision will alternate numbers and letters (e.g., Lot 1-A-1, Lot 1-A-1-A). The same alternating method will be used for tracts (e.g., Tract A-1, Tract A-1-A, Tract A-1-A-1).
3. c.
  Private Streets and common open space and other common areas shall be platted as separate tracts and names must be approved by the City of Baytown. Changes to existing private street names require approval of the City of Baytown Building Official when the changes will affect existing residents.
10.
Street Width and Names. All street and alley rights-of-way and easements shall be clearly shown on the plat and the purpose and restrictions of use of such easement indicated.
1. a.
  Accurate location, dimensions, bearings, radii, chord distances, and central angles of all curve segments, for all total curves, shall be provided to readily establish the location of rights-of-way and easements. Location of points of intersection and points of tangency of street intersections other than right-angle intersections shall be indicated;
2. b.
  Bearing, distances, and ties to the property boundary (including medians);
3. c.
  A key of abbreviations for easement types, such as utilities, cross-access, tree preservations, etc., shall be included on the plat;
4. d.
  Legal references shall be provided for all previous dedications and easements abutting the property;
5. e.
  Name of each street and width of streets, alleys, and other rights-of-way; and
6. f.
  Approved City Street names shall be shown first followed by any highway designation and numbering in parentheses if applicable. For example, "19th Street (US 62)".
11.
Solid Waste. All platted lots and tracts shall provide for collection of solid waste consistent with Chapter 86, Solid Waste, of the City of Baytown Code of Ordinances unless alternatives are approved by the City Council.
12.
Symbology. All symbology on the plat shall be distinct, consistent, and labeled in the legend. If multiple features overlap, labels need to be included to distinguish what is proposed.
13.
For Review Purposes Only. Temporary labeling shall be required on unrecorded adjacent and abutting plats considered "in platting process" or "under construction" that is shown on a Final Plat for review. These labels shall be taken off before final recording.
14.
Spelling. All spelling on the plat shall be correct.

Specific Decision Criteria.

1.
Review and Decision. In determining whether to approve, approve with conditions, or deny a Final Plat, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and conformance to applicable portions of the approved Preliminary Plat.
2.
Required Approval. If the Planning and Zoning Commission finds that a Final Plat complies with all applicable decision criteria, then it is required to approve the plat.

Final Decision.

1.
Action. The Planning and Zoning Commission shall make a final decision on the Final Plat within 30 days of the date the plat is filed. The deadline may be extended an additional 30 days if the applicant requests Planning and Zoning Commission approval.
2.
No Action. If no action is taken by the Planning and Zoning Commission at the end of the 30-day period, without the request, the plat shall be deemed to have been approved.

Preliminary Plat Renewal.

1.
Phasing. For a development to be constructed in phases, the Final Plat may include only a portion of the land included in the Preliminary Plat.
2.
Two-Year Period. Where only a portion of an approved Preliminary Plat is submitted for Final Plat approval, a Final Plat of the remaining area may be submitted at any time within two years of the date of Preliminary Plat approval.
3.
Renewal and Expiration. If a Final Plat of the remaining area has not been submitted within the two-year time period, the portion of the Preliminary Plat for which no Final Plat has been submitted shall be deemed null and void. However, if at least one phase of the Preliminary Plat has received Final Plat approval, its public improvements have been completed, and it has been recorded with the Chambers County Clerk, an extension to the two-year time limit shall be automatically granted for all phases.

1.
Application for closure;
2.
Preparation of Final Plat or Replat and indicating closed right-of-way;
3.
Council approval of closure;
4.
File closure ordinance; and
5.
Final Plat recorded.

Effective on: 1/1/1901

Sec. 7.64 Replat

Applicant Responsibilities. Except as provided in this Subsection, applicant responsibilities shall be the same as those for a Final Plat.

1.
Is signed and acknowledged by only the owners of the property being replatted;
2.
Is approved, after a public hearing by the Planning and Zoning Commission on the matter, if required by Texas Local Government Code Section 212.015; and
3.
Does not attempt to amend or remove any covenants or restrictions.

Specific Decision Criteria.

1.
Review and Decision. In determining whether to approve, approve with conditions, or deny a Replat, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria.
2.
Required Approval. If the applicable review body finds that a Replat complies with all applicable decision criteria, then it is required to approve the Replat.

Final Decision.

1.
Action. The Planning and Zoning Commission shall make a final decision on the Replat within 30 days of the date the Plat is filed. The deadline may be extended an additional 30 days if the applicant requests or consents in writing to the extension to act upon the Plat.
2.
No Action. If no action is taken by the Planning and Zoning Commission at the end of the 30-day period, without the request or consent of an extension, the Plat shall be deemed to have been approved.

Effective on: 1/1/1901

Sec. 7.65 Vacating Plat

Vacation of Plat. A recorded plat may be vacated in accordance with Texas Local Government Code Section 212.013.

Review and Decision. In determining whether to approve or deny a Vacating Plat, the review body shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria.

Effective on: 1/1/1901

Sec. 7.66 Waiver

Generally. In addition to the applicable required procedures in 7.24, Common Decision Criteria, the following shall apply to Waivers.

Specific Decision Criteria.

1.
Review and Decision. In determining whether to approve, approve with conditions, or deny a Waiver, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:
1. a.
  Strict application of the standard requested to be waived renders platting of the subject property unfeasible.
2. b.
  The Waiver requested is the minimum necessary that will make possible platting of the subject property.
3. c.
  The reason for the Waiver is based on a minimum of one of the following:
  1. i.
    The particular physical surroundings, shape, or topographical conditions of the subject property;
  2. ii.
    Achieving alternative compliance with the standard requested to be waived in a manner not contemplated in this ULDC;
  3. iii.
    The effect of the development will not prevent orderly subdivision of other land in the vicinity; and
  4. iv.
    The development will not cause the City to be required to provide City services at a level above that required in other subdivisions.
2.
Affirmative Findings. In order to approve a Waiver, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1.
Sec. 4.29, Street Names, Street Lights, and Fire Hydrants;
2.
Sec. 4.24.C.3, Depth;
3.
Sec. 4.25, Easements; and
4.
Sec. 4.27, Public Water and Wastewater.

Effective on: 1/1/1901

Baytown City Zoning Code

ARTICLE 7

Development Review Procedures

Sec. 7.11 Purpose

Effective on: 1/1/1901

Sec. 7.12 Applicability

Effective on: 1/1/1901

Sec. 7.21 Pre-Application Conference

Effective on: 1/1/1901

Sec. 7.22 Application Submittal, Fees, and Completeness

Fees.

1.
Schedule of Fees, Charges, and Expenses. The City Council shall establish a schedule of fees and charges for matters pertaining to this ULDC. The schedule of fees shall be maintained by the Planning Director.
2.
Payment in Full Required. No permits, certificates, or approvals required by this ULDC shall be issued unless or until such costs, charges, fees, or expenses have been paid in full.
3.
Refunds. Fees for rejected, denied, expired, voided, or revoked applications are not refundable.

Authorization to Initiate an Application. Table 7.22-1, Application Authorization, denotes those who are authorized to initiate each of the application types.

Table 7.22-1 Application Authorization
Development Review Procedure Types	Property Owner¹	Party Aggrieved by an Administrative Decision	Mayor, City Council, City Council Member, or City Manager
Administrative Decisions	♦
Master Plans, Amendments, and Special Uses	♦³		♦
Quasi-Judicial Review Procedures (Variance, Appeal of Administrative Decision)	♦²	♦⁴	♦⁵
Subdivision Review Procedures	♦		♦
Table Note: 1. Including Owner's Agent. 2. A property owner shall include the name and signature of the current property owner(s) of all properties within the boundaries of the application. Property owner(s) may be represented by an agent designated in writing by the property owner(s). 3. Applications for Special Use Permits associated with drilling, oil, or gas operations shall be made by any mineral interest owner with the legal right to drill on the property that is the subject of the application. Mineral interest owner(s) may be represented by an agent, designated in writing by the mineral interest owner(s). 4. Appeal of An Administrative Decision only. 5. Written Interpretation only.

Table 7.22-1 Application Authorization
Development Review Procedure Types	Property Owner¹	Party Aggrieved by an Administrative Decision	Mayor, City Council, City Council Member, or City Manager
Administrative Decisions	♦
Master Plans, Amendments, and Special Uses	♦³		♦
Quasi-Judicial Review Procedures (Variance, Appeal of Administrative Decision)	♦²	♦⁴	♦⁵
Subdivision Review Procedures	♦		♦
Table Note: 1. Including Owner's Agent. 2. A property owner shall include the name and signature of the current property owner(s) of all properties within the boundaries of the application. Property owner(s) may be represented by an agent designated in writing by the property owner(s). 3. Applications for Special Use Permits associated with drilling, oil, or gas operations shall be made by any mineral interest owner with the legal right to drill on the property that is the subject of the application. Mineral interest owner(s) may be represented by an agent, designated in writing by the mineral interest owner(s). 4. Appeal of An Administrative Decision only. 5. Written Interpretation only.

Table 7.22-1 Application Authorization
Development Review Procedure Types	Property Owner¹	Party Aggrieved by an Administrative Decision	Mayor, City Council, City Council Member, or City Manager
Administrative Decisions	♦
Master Plans, Amendments, and Special Uses	♦³		♦
Quasi-Judicial Review Procedures (Variance, Appeal of Administrative Decision)	♦²	♦⁴	♦⁵
Subdivision Review Procedures	♦		♦
Table Note: 1. Including Owner's Agent. 2. A property owner shall include the name and signature of the current property owner(s) of all properties within the boundaries of the application. Property owner(s) may be represented by an agent designated in writing by the property owner(s). 3. Applications for Special Use Permits associated with drilling, oil, or gas operations shall be made by any mineral interest owner with the legal right to drill on the property that is the subject of the application. Mineral interest owner(s) may be represented by an agent, designated in writing by the mineral interest owner(s). 4. Appeal of An Administrative Decision only. 5. Written Interpretation only.

Table 7.22-1 Application Authorization
Development Review Procedure Types	Property Owner¹	Party Aggrieved by an Administrative Decision	Mayor, City Council, City Council Member, or City Manager
Administrative Decisions	♦
Master Plans, Amendments, and Special Uses	♦³		♦
Quasi-Judicial Review Procedures (Variance, Appeal of Administrative Decision)	♦²	♦⁴	♦⁵
Subdivision Review Procedures	♦		♦
Table Note: 1. Including Owner's Agent. 2. A property owner shall include the name and signature of the current property owner(s) of all properties within the boundaries of the application. Property owner(s) may be represented by an agent designated in writing by the property owner(s). 3. Applications for Special Use Permits associated with drilling, oil, or gas operations shall be made by any mineral interest owner with the legal right to drill on the property that is the subject of the application. Mineral interest owner(s) may be represented by an agent, designated in writing by the mineral interest owner(s). 4. Appeal of An Administrative Decision only. 5. Written Interpretation only.

D.
Submittal Deadlines. The Planning Director may establish and publish application submittal deadlines in accordance with the schedule published on the City's website and in the Development Manual. This schedule may be updated from time to time during the year with the amendments being published on the web and in the development manual. An application shall not be considered as officially submitted, accepted, or filed until it has been determined to be complete in accordance with Paragraph (G) below.
E.
Withdrawals. An application may be withdrawn at any time by the applicant at their own request, and, upon resubmission, shall be considered an initial submission subject to the provisions of this Division.
F.
Application Completeness. Application submittals shall subsequently undergo a completeness application review before being deemed as submitted to the City.
1. 1.
  Timeline. A determination of application completeness shall be made by the Planning Director no more than ten business days after submittal of the application.
2. 2.
  Incomplete Applications.
  1. a.
    If the application is determined to be incomplete, the Planning Director shall notify the applicant in writing within five days of completing the completeness review.
  2. b.
    The city shall exercise the authority granted under V.T.C.A., Local Government Code ch. 245 to perform such reviews within the ten-day window and to allow the applicant 45 days in which to respond.
  3. c.
    While awaiting the requested information, any time limitations within which the city must process the application shall be tolled.
  4. d.
    If the applicant's response time exceeds the 45-day period, then the application expires; and to proceed, the applicant shall begin the process again with a new application.
G.
Completeness Does Not Equate to Approval. The completeness review set forth herein applies to all applications identified in Article 7 of this ULDC. Determination that an application is complete does not preclude any negative final action and does not include any implied determination that the application successfully meets any review criteria. The development manual shall contain a checklist for all application types. Completeness reviews shall rely on the ULDC provisions as well as the checklists and V.T.C.A, Local Government Code ch. 245.
H.
Concurrent Submittal and Review. Certain development projects may require multiple approvals. At the discretion of the Planning Director, the applicant may submit combined applications that require final action by a legislative or quasi-judicial body and such applications may be processed concurrently, so long as all applicable processing and public notice requirements and all required findings are satisfied.
I.
Successive Applications. For Zoning Map Amendments, 12 months from the date of final disapproval, except with permission of the Planning and Zoning Commission or City Council, must elapse before reapplication. In order to be considered for such a waiver, the applicant shall demonstrate that at the time the applicant requests a waiver:
1. 1.
  Substantial Change in Circumstances. There is a substantial change in circumstances relevant to facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application;
2. 2.
  New or Additional Information. New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed; or
3. 3.
  New Application. A new application is proposed to be submitted that is materially different (e.g., proposes new use categories, or a substantial change in proposed densities and intensities) from the prior application.
J.
Continuing Review Process. Complete applications shall subsequently undergo the processes established in Sec. 7.23, Staff Review and Distribution.

Effective on: 1/1/1901

Sec. 7.23 Staff Review and Distribution

1.
Review and Comment. Review an administrative application and provide comments to the applicant, which may include required revisions based on the requirements of this ULDC and other adopted requirements and standards;
2.
Review and Decide. Review and make a final decision on an administrative application; or
3.
Distribution. Distribute all other application types to the appropriate development review body or outside agency including, but not limited to, utilities and school districts, for review, comment, and, if denoted in Table 7.210-1, Summary of Procedures, recommendation or final decision.

Required Revisions.

1.
Comments. During application review, the Planning Director may provide comments from the Development Review Committee to the applicant. The applicant shall revise and resubmit the application with requested changes in order for the application to proceed through the review process.
2.
Resubmittal. Upon receipt of the resubmittal, the Planning Director may refer the application to agencies again if the changes substantially affect the interests of the agency in ways not anticipated by the agency's original comments, or require the agency's technical expertise for appropriate review.

1.
Administrative Review Applications. If the application is for a review procedure addressed in Division 7.3, Administrative Decisions, then the administrative review body denoted in Table 7.210-1, Summary of Procedures, shall approve, conditionally approve, or deny the application, as appropriate.
2.
All Other Review Applications. If the application is for a review procedure addressed in Division 7.22, Master Plans, Amendments, and Special Uses or Division 7.23, Quasi-Judicial Review Procedures, then the applicable administrative review body shall forward a recommendation to the next development body in the review process who will consider it for further recommendation or final decision according to Table 7.210-1, Summary of Procedures.

Continuing Review Process.

1.
Approved Applications. Applications receiving approval may subsequently undergo the processes established in Sec. 7.27, Post-Decision Provisions.
2.
Applications Requiring Public Meeting or Hearing. Applications requiring a public meeting or hearing, as denoted in Table 7.210-1, Summary of Procedures, shall subsequently undergo the processes established in Sec. 7.25, Public Notice and Sec. 7.26, Public Meetings and Hearings.

Effective on: 1/1/1901

Sec. 7.24 Common Decision Criteria

Burden of Proof or Persuasion. In all cases, the burden is on the applicant to show that an application complies with applicable review criteria.

Table 7.24-1 Common Review Criteria Applicability
Common Review Criteria	Administrative Review Applications	Master Plans, Amendments, and Special Uses Applications		Quasi-Judicial Review Applications		Subdivision Applications
Common Review Criteria	Administrative Review Applications	Text Amendments	All Other	Variances	All Other

The request complies with the applicable standards of the City's Code, the ULDC, and any applicable county, state, or federal requirements.	•	•	•	•	•	•
The request substantially conforms to any associated prior approval for the development, including, but not limited to, a Special Use Permit or Master Development Plan.	•		•
The development review body has considered the recommendation of the City staff.		•	•	•	•	•
The request is consistent with applicable policies of the Comprehensive Plan and applicable utility plans and capital improvement plans; or, if it addresses a topic that is not contained or not fully developed in the Comprehensive Plan, the request does not impair the implementation of the Comprehensive Plan.		•	•	•
The request promotes the purposes of this ULDC as established in Sec. 1.12, Purposes, and in other applicable purpose statements in this ULDC.		•	•	•	•
Adequate facilities, including public or private utilities, solid waste service, roads, drainage, and other improvements are present or are planned to be provided.			•	•		•
The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area.			•	•
The request will not impede the normal and orderly development and improvement of surrounding property.			•	•

Table 7.24-1 Common Review Criteria Applicability
Common Review Criteria	Administrative Review Applications	Master Plans, Amendments, and Special Uses Applications		Quasi-Judicial Review Applications		Subdivision Applications
Common Review Criteria	Administrative Review Applications	Text Amendments	All Other	Variances	All Other

The request complies with the applicable standards of the City's Code, the ULDC, and any applicable county, state, or federal requirements.	•	•	•	•	•	•
The request substantially conforms to any associated prior approval for the development, including, but not limited to, a Special Use Permit or Master Development Plan.	•		•
The development review body has considered the recommendation of the City staff.		•	•	•	•	•
The request is consistent with applicable policies of the Comprehensive Plan and applicable utility plans and capital improvement plans; or, if it addresses a topic that is not contained or not fully developed in the Comprehensive Plan, the request does not impair the implementation of the Comprehensive Plan.		•	•	•
The request promotes the purposes of this ULDC as established in Sec. 1.12, Purposes, and in other applicable purpose statements in this ULDC.		•	•	•	•
Adequate facilities, including public or private utilities, solid waste service, roads, drainage, and other improvements are present or are planned to be provided.			•	•		•
The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area.			•	•
The request will not impede the normal and orderly development and improvement of surrounding property.			•	•

Table 7.24-1 Common Review Criteria Applicability
Common Review Criteria	Administrative Review Applications	Master Plans, Amendments, and Special Uses Applications		Quasi-Judicial Review Applications		Subdivision Applications
Common Review Criteria	Administrative Review Applications	Text Amendments	All Other	Variances	All Other

The request complies with the applicable standards of the City's Code, the ULDC, and any applicable county, state, or federal requirements.	•	•	•	•	•	•
The request substantially conforms to any associated prior approval for the development, including, but not limited to, a Special Use Permit or Master Development Plan.	•		•
The development review body has considered the recommendation of the City staff.		•	•	•	•	•
The request is consistent with applicable policies of the Comprehensive Plan and applicable utility plans and capital improvement plans; or, if it addresses a topic that is not contained or not fully developed in the Comprehensive Plan, the request does not impair the implementation of the Comprehensive Plan.		•	•	•
The request promotes the purposes of this ULDC as established in Sec. 1.12, Purposes, and in other applicable purpose statements in this ULDC.		•	•	•	•
Adequate facilities, including public or private utilities, solid waste service, roads, drainage, and other improvements are present or are planned to be provided.			•	•		•
The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area.			•	•
The request will not impede the normal and orderly development and improvement of surrounding property.			•	•

Table 7.24-1 Common Review Criteria Applicability
Common Review Criteria	Administrative Review Applications	Master Plans, Amendments, and Special Uses Applications		Quasi-Judicial Review Applications		Subdivision Applications
Common Review Criteria	Administrative Review Applications	Text Amendments	All Other	Variances	All Other

The request complies with the applicable standards of the City's Code, the ULDC, and any applicable county, state, or federal requirements.	•	•	•	•	•	•
The request substantially conforms to any associated prior approval for the development, including, but not limited to, a Special Use Permit or Master Development Plan.	•		•
The development review body has considered the recommendation of the City staff.		•	•	•	•	•
The request is consistent with applicable policies of the Comprehensive Plan and applicable utility plans and capital improvement plans; or, if it addresses a topic that is not contained or not fully developed in the Comprehensive Plan, the request does not impair the implementation of the Comprehensive Plan.		•	•	•
The request promotes the purposes of this ULDC as established in Sec. 1.12, Purposes, and in other applicable purpose statements in this ULDC.		•	•	•	•
Adequate facilities, including public or private utilities, solid waste service, roads, drainage, and other improvements are present or are planned to be provided.			•	•		•
The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area.			•	•
The request will not impede the normal and orderly development and improvement of surrounding property.			•	•

Effective on: 1/1/1901

Sec. 7.25 Public Notice

Public Notice.

1.
Publication Notice. When required, as denoted in Table 7.210-1, Summary of Procedures, published notice shall be provided in a local publication of record in accordance with the requirements of the Texas Local Government Code (TLGC), Chapters 211 and 212.
2.
Mailed Notice. When required, as denoted in Table 7.210-1, Summary of Procedures, mailed notice shall be:
1. a.
  In written form;
2. b.
  Sent as required by Texas Local Government Code Section 211.007(c) to all owners of real property located within 200 feet of the subject property; Notice of required public hearings for a Special Use Permit, Variance, or Zoning Map Amendment, with the exception of applications for a Special Use Permit for drilling, oil or gas operations or a designation of Drilling Overlay District, shall also be sent by mail to owners of land within 300 feet of the lot lines of the land that is the subject of the application.
3. c.
  For applications for a drilling overlay district or a special use permit for drilling, oil or gas operations, notice of required public hearings shall be sent by mail to:
  1. i.
    Owners of land on which the drilling, oil or gas operations are proposed to occur;
  2. ii.
    Owners of land over which the Drilling Overlay District is proposed; and
  3. iii.
    Owners within 750 feet of the property line of the property on which drilling, oil or gas operations are proposed to occur or the boundary of the overlay district, whichever is applicable.
4. d.
  For applications for Special Use Permit for Battery Energy Storage System, the applicant shall be required to provide notice of neighborhood meetings and required public hearings by mail to owners of land within 500 feet of the property line of the property on which the proposed BESS operations are proposed to occur.
5. e.
  Measured from the perimeter of the property;
6. f.
  Taken inclusive of public streets; and
7. g.
  Served by using the last known address as listed on the County tax roll and depositing the notice, postage paid, with the United States Postal Service (USPS).
3.
Contents of Notice. Regardless of whether the notice is published or mailed, the notice shall contain:
1. a.
  Publication and Mailed Notice. Notices that are published and mailed pursuant to Paragraphs (3a), (3b), and (5) shall provide at least the following information:
  1. i.
    The general location of the land that is the subject of the application;
  2. ii.
    Its legal description or street address;
  3. iii.
    The substance of the application;
  4. iv.
    The time, date, and location of the public hearing;
  5. v.
    The time, date, and place where the application may be inspected by the public; and
  6. vi.
    A statement that interested parties may appear at the public hearing and be heard with respect to the application.
2. b.
  Signs. Signs required pursuant to Paragraph (4b) shall at least indicate the following:
  1. i.
    The property and/or neighboring properties, as applicable, are the subjects of a development permit;
  2. ii.
    The City's website address; and
  3. iii.
    The contact point for additional information.
4.
Posting of Signs.
1. a.
  Except as provided in Paragraph (4b), notice of required public hearings shall also be provided by way of a sign posted on the land that is the subject of the application. One sign shall be posted for each 200 feet of frontage along a public street, with a maximum of four signs required per frontage. Signs shall be located so that the lettering is visible from the street. Where the land does not have frontage on a public street, signs shall be posted on the nearest public street.
2. b.
  At least six signs shall be required for any public hearing regarding one or more amendments to the official zoning map, which propose to change the zoning district classification of more than five tracts. Nothing contained in this section shall prohibit the Planning Director from posting additional signs as the Planning Director deems appropriate.
5.
Website. Notice of the public hearings will be published and remain on the City's website through the day of the public hearing in accordance with the same publication deadlines as expressed in Paragraphs (2) an (3) of this Section. The validity of a posted notice of a public hearing required by this Section is not affected by a failure to comply with a requirement of this Section that is due to a technical problem beyond the reasonable control of the City.
6.
Timeline to Provide Notice. Regardless of the type of notice that is required, such notice shall be provided at least 10 days prior to the public meeting or hearing, unless otherwise specified by Texas state law.
7.
Computation of Time. In computing the time periods for notice, the day of mailing, publication, or posting shall not be counted, but the day of the public hearing shall be counted.
8.
Constructive Notice. Failure of a surrounding property owner to receive notice of a hearing shall not affect the validity of the final decision.

Continuing Review Process. Applications with required notice provided shall subsequently undergo the processes established in 7.26, Public Meetings and Hearings.

(Ordinance No. 16,249, 09/25/2025)

Effective on: 10/5/2025

Sec. 7.26 Public Meetings and Hearings

1.
Time and Testimony Limits. The Chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant;
2.
Expert Witnesses. Citizens, applicants, and the City have the right to present expert witnesses;
3.
Identification and Representation. Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent;
4.
Written Evidence of Authority. If a speaker represents an organization, the body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration; and
5.
Right to be Heard. Any person may appear at a public hearing, submit evidence, and be heard.

Decisions. A vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote, except when voice votes are authorized.

Conditional Approval or Modification of Application at Public Meeting or Hearing.

1.
Modification. An applicant may agree to modify an application, including the plans and specifications submitted, in response to questions or comments by persons appearing at a public meeting or hearing or to suggestions or recommendations by the development review body holding the meeting or hearing.
2.
Action on Modified Applications. The development review body may make a recommendation or conditionally approve the application with the requirement that the formalized approval is not effective until the applicant submits materials reflecting the agreed-upon changes to the Planning Director. However, if such modifications are so substantial that the development review body determines that it cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials, it shall not accept any subsequent application and shall make no further approvals related to the subject property until the applicant submits the required modifications.
3.
Referral. Where deemed appropriate by the final decision-making body, applications with significant modifications may be referred back to the recommending body for review, prior to further consideration.

Continuing Review Process. Requests receiving approval at a public meeting or hearing may subsequently undergo the processes established in Sec. 7.27, Post-Decision Provisions.

Effective on: 1/1/1901

Sec. 7.27 Post-Decision Provisions

Effective on: 1/1/1901

Sec. 7.28 Appeals

Window for Appeal. All appeals listed below shall be submitted to the Planning Director or to a Court of Competent Jurisdiction, as appropriate.

Effective on: 1/1/1901

Sec. 7.29 Inactive and Expired Applications and Renewals

Unapproved Applications.

1.
Process to Inactivity. A submitted and completed but unapproved application becomes inactive after 90 days from receiving review comments if the applicant fails to completely address the City's comments to allow further processing of the application.
2.
Expiration. Inactive applications will automatically expire and become null and void without further notice 30 days after the date when they became inactive if the applicant fails to take action or request an extension of time.

Approved Applications. Approved Applications shall expire at the end of the expiration period as denoted in Table 7.210-1, Summary of Procedures, unless:

1.
Pending Approvals. A complete application for the next required approval in a sequence of approvals is submitted and pending upon the expiration of the period;
2.
Commencement of Development. Development has commenced and is being diligently pursued toward completion; or
3.
Granted Extension. An extension is granted in accordance with Paragraph (C), Extension of Time, below.

Extension of Time.

1.
Request. Prior to the expiration of an approved application or unapproved inactive application, the applicant may request in writing and the Planning Director may approve an extension of the expiration date of up to six months.
2.
Amendments. If the City Council amends this ULDC or adopts other applicable regulations during the period of time when the application was inactive, the application shall:
1. a.
  Not be subject to compliance to the new regulations until the original application is considered to be voided; and
2. b.
  Become subject to the new regulations and ordinances if the period of time to request an extension lapses.
3.
Expiration of Extension. Approved applications or unapproved inactive applications shall expire after the six-month extension lapses if the Planning Director determines that the applicant is not actively pursuing action to complete the development or address comments.

Effective on: 1/1/1901

Sec. 7.210 Development Review Summary Table

Generally. Procedures for obtaining development review approval pursuant to this ULDC are summarized in this Section.

Applications and Procedures. Each application required by this ULDC is spelled out in Table 7.210-1, Summary of Procedures, below.

Table 7.210-1 Summary of Procedures
• = Pre-Application Conference Required P = Published Notice Required M = Mailed Notice Required S = Signs Notice Required W = Website Notice Required P&Z = Planning and Zoning Commission CC = City Council BOA = Board of Adjustment DRC = Development Review Committee [ ] = Public Hearing Required
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Review Responsibilities		Expiration²	Cross-Reference
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Recommendation	Final Action	Expiration²	Cross-Reference
ADMINISTRATIVE APPLICATIONS: Require final decisions in which City staff apply the standards in this ULDC. Administrative applications typically require objective analysis by City staff and may involve the exercise of very limited discretion.
Administrative Adjustment 7.31	Concurrent with submittal of a Site Development Plan, Building Permit, or Sign Permit	--	--	Planning Director		2 years	--
Site Development Plan 7.32	Prior to any development of any use unless specifically exempted in this ULDC	--	--	Planning Director		2 years	Article 2, Article 3
Minor or Amending Plat 7.33	Prior to developing a minor subdivision or making a minor modification to a recorded plat	--	--	Planning Director		2 years; None after recordation	Article 4
Lot Consolidation 7.34	Prior to applying for a Building Permit	--	--	Planning Director		1 year if unrecorded; None after recordation	--
Construction Plans 7.35	Prior to site construction	--	--	City Engineer		2 years	Engineering Minimum Design Standards and Specifications
Building Permit 7.36	Prior to erecting, altering, replacing, relocating, rebuilding, repairing, or restoring a principal or accessory building or structure	--	--	Building Official		180 days	--
Floodplain Development Permit 7.37	Prior to any development activities or land disturbance within a regulatory floodplain as shown on a Flood Insurance Rate Map (FIRM)	--	--	Floodplain Administrator		180 days	Article 5
On-Site Water or Wastewater Permit 7.38	Prior to land disturbing activities	--	--	City Engineer		180 days	Sec. 4.27
Sign Permit 7.39	Prior to constructing, installing, placing, or relocating a sign or modifying a sign's dimensions or illumination	--	--	Planning Director		2 years	Division 3.6
Temporary Use Permit 7.310	Prior to the operation of any temporary structure or use	--	--	Planning Director		1 year	Sec. 2.36
Certificate of Occupancy 7.311	Upon completion of construction or before a change in occupancy	--	--	Building Official		None	--
Written Interpretation 7.312	None	--	--	Planning Director		--	--
Minor Modification of an Approved Application 7.313	In order to make a limited modification to any numerical standard on an application that has already been approved but that has not received a Certificate of Occupancy	--	--	Development review body that made the initial approval		Same as application being modified	--
Right-of-Way License 7.314	Prior to laying, constructing, building, repairing or rebuilding any sidewalk, driveway, curb, or gutter on any street, alley, or thoroughfare	--	--	City Engineer		1 year	--
Easement Encroachment License 7.315	Prior to building, erecting, or constructing any building, structure, or edifice for any use or occupancy	--	--	City Engineer		--	--
MASTER PLANS, AMENDMENTS, AND SPECIAL USE APPLICATIONS: Require final decisions that establish or change the way the use, design, or development of land will occur on a site-specific, City-wide, or intermediate scale. Elected and appointed development review bodies make final decisions based on general considerations of fostering and preserving the public health, safety, and general welfare. Such final decisions are characterized by the exercise of broad discretion.
Master Development Plan 7.41	As part of a zoning map amendment to a PD or Cluster development	•	M P	Planning Director	[P&Z]	2 years	Article 2, Article 3
ULDC Text Amendment 7.42	Prior to a change of the text in this ULDC	--	P W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Zoning Map Amendment 7.43	Prior to establishing or expanding an activity, building type, or land use prohibited in the current zoning district	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Special Use Permit 7.44	Prior to construction and permitting of any land use that is designated as a special use	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	24 months if use is not established and / or Building Permit not issued	Article 2
Planned Unit Development 7.45	Prior to establishing a Planned Unit Development (PUD)	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	Sec. 2.25
VARIANCES AND ADMINISTRATIVE APPEALS: Require final decisions that provide interpretation of standards or establish the way design or development will occur on specific sites in manners that either vary from the standards of this ULDC or that are contested by an aggrieved party. Such final decisions are characterized by exercise of discretion.
Variance 7.51	Prior to or concurrent with submittal of a Site Plan, or Sign Permit	--	M P S W	1st: Planning Director	[BOA]	None	Article 3
Variance, Floodplain 7.52	Refer to procedures in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.
Appeal of Administrative Decision 7.53	Within 30 days after an appellant or their agent received notice or the action of the official that is the subject of the appeal	--	P M W	[BOA]		None	--
SUBDIVISION REVIEW APPLICATIONS: Require final decisions related to dividing larger tracts of land into smaller lots. City staff or legislatively appointed administrative bodies make final decision based on regulations in this ULDC and on technical requirements of various City departments, local and state agencies, and utilities.
Development Plat 7.61	Prior to development of a property that does not require a subdivision plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	6 months	--
Preliminary Plat 7.62	Prior to a Final Plat in order to subdivide land into five or more lots or lots that require the creation of a street or the expansion of municipal facilities	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	3 years	Article 4
Final Plat 7.63	Following approval of a Preliminary Plat	--		Planning Director	Planning Director	1 year if unrecorded; None after recordation	Article 4
Replat 7.64	Prior to changing the number of lots on a recorded Final Plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]³	2 years; None after recordation	Article 4
Vacating Plat 7.65	Prior to removing the force of a recorded plat covering a property or properties	•		1st: Development Review Committee 2nd: Planning Director	Administrative body that approved the original Minor, Amending, Replat, or Final Plat	2 years; None after recordation	--
Waiver 7.66	Prior or concurrent with submittal of a Preliminary Plat that varies from the subdivision design standards	--	P W	1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	Same as associated plat	Article 4
TABLE NOTES: 1. For complete notice requirements, see Sec. 7.25, Public Notice, and Sec. 7.26, Public Meetings and Hearings. 2. The time period in the "Expiration" column is measured from the date of the issued approval. Expiration occurs if the applicant does not commence the work prior to the expiration or does not diligently pursue completion of the project or the subsequent required approval. See Sec. 7.29, Inactive and Expired Applications. "Commence," for the purposes of this table, means the first City inspection of a development, such as the initial rough plumbing inspection. 3. A public hearing is required if the proposed replat requires a variance or exception, as mandated by Texas Local Government Code Section 212.015. If a public hearing is not required, the final action shall take place at a public meeting of the Planning and Zoning Commission.

Table 7.210-1 Summary of Procedures
• = Pre-Application Conference Required P = Published Notice Required M = Mailed Notice Required S = Signs Notice Required W = Website Notice Required P&Z = Planning and Zoning Commission CC = City Council BOA = Board of Adjustment DRC = Development Review Committee [ ] = Public Hearing Required
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Review Responsibilities		Expiration²	Cross-Reference
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Recommendation	Final Action	Expiration²	Cross-Reference
ADMINISTRATIVE APPLICATIONS: Require final decisions in which City staff apply the standards in this ULDC. Administrative applications typically require objective analysis by City staff and may involve the exercise of very limited discretion.
Administrative Adjustment 7.31	Concurrent with submittal of a Site Development Plan, Building Permit, or Sign Permit	--	--	Planning Director		2 years	--
Site Development Plan 7.32	Prior to any development of any use unless specifically exempted in this ULDC	--	--	Planning Director		2 years	Article 2, Article 3
Minor or Amending Plat 7.33	Prior to developing a minor subdivision or making a minor modification to a recorded plat	--	--	Planning Director		2 years; None after recordation	Article 4
Lot Consolidation 7.34	Prior to applying for a Building Permit	--	--	Planning Director		1 year if unrecorded; None after recordation	--
Construction Plans 7.35	Prior to site construction	--	--	City Engineer		2 years	Engineering Minimum Design Standards and Specifications
Building Permit 7.36	Prior to erecting, altering, replacing, relocating, rebuilding, repairing, or restoring a principal or accessory building or structure	--	--	Building Official		180 days	--
Floodplain Development Permit 7.37	Prior to any development activities or land disturbance within a regulatory floodplain as shown on a Flood Insurance Rate Map (FIRM)	--	--	Floodplain Administrator		180 days	Article 5
On-Site Water or Wastewater Permit 7.38	Prior to land disturbing activities	--	--	City Engineer		180 days	Sec. 4.27
Sign Permit 7.39	Prior to constructing, installing, placing, or relocating a sign or modifying a sign's dimensions or illumination	--	--	Planning Director		2 years	Division 3.6
Temporary Use Permit 7.310	Prior to the operation of any temporary structure or use	--	--	Planning Director		1 year	Sec. 2.36
Certificate of Occupancy 7.311	Upon completion of construction or before a change in occupancy	--	--	Building Official		None	--
Written Interpretation 7.312	None	--	--	Planning Director		--	--
Minor Modification of an Approved Application 7.313	In order to make a limited modification to any numerical standard on an application that has already been approved but that has not received a Certificate of Occupancy	--	--	Development review body that made the initial approval		Same as application being modified	--
Right-of-Way License 7.314	Prior to laying, constructing, building, repairing or rebuilding any sidewalk, driveway, curb, or gutter on any street, alley, or thoroughfare	--	--	City Engineer		1 year	--
Easement Encroachment License 7.315	Prior to building, erecting, or constructing any building, structure, or edifice for any use or occupancy	--	--	City Engineer		--	--
MASTER PLANS, AMENDMENTS, AND SPECIAL USE APPLICATIONS: Require final decisions that establish or change the way the use, design, or development of land will occur on a site-specific, City-wide, or intermediate scale. Elected and appointed development review bodies make final decisions based on general considerations of fostering and preserving the public health, safety, and general welfare. Such final decisions are characterized by the exercise of broad discretion.
Master Development Plan 7.41	As part of a zoning map amendment to a PD or Cluster development	•	M P	Planning Director	[P&Z]	2 years	Article 2, Article 3
ULDC Text Amendment 7.42	Prior to a change of the text in this ULDC	--	P W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Zoning Map Amendment 7.43	Prior to establishing or expanding an activity, building type, or land use prohibited in the current zoning district	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Special Use Permit 7.44	Prior to construction and permitting of any land use that is designated as a special use	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	24 months if use is not established and / or Building Permit not issued	Article 2
Planned Unit Development 7.45	Prior to establishing a Planned Unit Development (PUD)	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	Sec. 2.25
VARIANCES AND ADMINISTRATIVE APPEALS: Require final decisions that provide interpretation of standards or establish the way design or development will occur on specific sites in manners that either vary from the standards of this ULDC or that are contested by an aggrieved party. Such final decisions are characterized by exercise of discretion.
Variance 7.51	Prior to or concurrent with submittal of a Site Plan, or Sign Permit	--	M P S W	1st: Planning Director	[BOA]	None	Article 3
Variance, Floodplain 7.52	Refer to procedures in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.
Appeal of Administrative Decision 7.53	Within 30 days after an appellant or their agent received notice or the action of the official that is the subject of the appeal	--	P M W	[BOA]		None	--
SUBDIVISION REVIEW APPLICATIONS: Require final decisions related to dividing larger tracts of land into smaller lots. City staff or legislatively appointed administrative bodies make final decision based on regulations in this ULDC and on technical requirements of various City departments, local and state agencies, and utilities.
Development Plat 7.61	Prior to development of a property that does not require a subdivision plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	6 months	--
Preliminary Plat 7.62	Prior to a Final Plat in order to subdivide land into five or more lots or lots that require the creation of a street or the expansion of municipal facilities	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	3 years	Article 4
Final Plat 7.63	Following approval of a Preliminary Plat	--		Planning Director	Planning Director	1 year if unrecorded; None after recordation	Article 4
Replat 7.64	Prior to changing the number of lots on a recorded Final Plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]³	2 years; None after recordation	Article 4
Vacating Plat 7.65	Prior to removing the force of a recorded plat covering a property or properties	•		1st: Development Review Committee 2nd: Planning Director	Administrative body that approved the original Minor, Amending, Replat, or Final Plat	2 years; None after recordation	--
Waiver 7.66	Prior or concurrent with submittal of a Preliminary Plat that varies from the subdivision design standards	--	P W	1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	Same as associated plat	Article 4
TABLE NOTES: 1. For complete notice requirements, see Sec. 7.25, Public Notice, and Sec. 7.26, Public Meetings and Hearings. 2. The time period in the "Expiration" column is measured from the date of the issued approval. Expiration occurs if the applicant does not commence the work prior to the expiration or does not diligently pursue completion of the project or the subsequent required approval. See Sec. 7.29, Inactive and Expired Applications. "Commence," for the purposes of this table, means the first City inspection of a development, such as the initial rough plumbing inspection. 3. A public hearing is required if the proposed replat requires a variance or exception, as mandated by Texas Local Government Code Section 212.015. If a public hearing is not required, the final action shall take place at a public meeting of the Planning and Zoning Commission.

Table 7.210-1 Summary of Procedures
• = Pre-Application Conference Required P = Published Notice Required M = Mailed Notice Required S = Signs Notice Required W = Website Notice Required P&Z = Planning and Zoning Commission CC = City Council BOA = Board of Adjustment DRC = Development Review Committee [ ] = Public Hearing Required
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Review Responsibilities		Expiration²	Cross-Reference
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Recommendation	Final Action	Expiration²	Cross-Reference
ADMINISTRATIVE APPLICATIONS: Require final decisions in which City staff apply the standards in this ULDC. Administrative applications typically require objective analysis by City staff and may involve the exercise of very limited discretion.
Administrative Adjustment 7.31	Concurrent with submittal of a Site Development Plan, Building Permit, or Sign Permit	--	--	Planning Director		2 years	--
Site Development Plan 7.32	Prior to any development of any use unless specifically exempted in this ULDC	--	--	Planning Director		2 years	Article 2, Article 3
Minor or Amending Plat 7.33	Prior to developing a minor subdivision or making a minor modification to a recorded plat	--	--	Planning Director		2 years; None after recordation	Article 4
Lot Consolidation 7.34	Prior to applying for a Building Permit	--	--	Planning Director		1 year if unrecorded; None after recordation	--
Construction Plans 7.35	Prior to site construction	--	--	City Engineer		2 years	Engineering Minimum Design Standards and Specifications
Building Permit 7.36	Prior to erecting, altering, replacing, relocating, rebuilding, repairing, or restoring a principal or accessory building or structure	--	--	Building Official		180 days	--
Floodplain Development Permit 7.37	Prior to any development activities or land disturbance within a regulatory floodplain as shown on a Flood Insurance Rate Map (FIRM)	--	--	Floodplain Administrator		180 days	Article 5
On-Site Water or Wastewater Permit 7.38	Prior to land disturbing activities	--	--	City Engineer		180 days	Sec. 4.27
Sign Permit 7.39	Prior to constructing, installing, placing, or relocating a sign or modifying a sign's dimensions or illumination	--	--	Planning Director		2 years	Division 3.6
Temporary Use Permit 7.310	Prior to the operation of any temporary structure or use	--	--	Planning Director		1 year	Sec. 2.36
Certificate of Occupancy 7.311	Upon completion of construction or before a change in occupancy	--	--	Building Official		None	--
Written Interpretation 7.312	None	--	--	Planning Director		--	--
Minor Modification of an Approved Application 7.313	In order to make a limited modification to any numerical standard on an application that has already been approved but that has not received a Certificate of Occupancy	--	--	Development review body that made the initial approval		Same as application being modified	--
Right-of-Way License 7.314	Prior to laying, constructing, building, repairing or rebuilding any sidewalk, driveway, curb, or gutter on any street, alley, or thoroughfare	--	--	City Engineer		1 year	--
Easement Encroachment License 7.315	Prior to building, erecting, or constructing any building, structure, or edifice for any use or occupancy	--	--	City Engineer		--	--
MASTER PLANS, AMENDMENTS, AND SPECIAL USE APPLICATIONS: Require final decisions that establish or change the way the use, design, or development of land will occur on a site-specific, City-wide, or intermediate scale. Elected and appointed development review bodies make final decisions based on general considerations of fostering and preserving the public health, safety, and general welfare. Such final decisions are characterized by the exercise of broad discretion.
Master Development Plan 7.41	As part of a zoning map amendment to a PD or Cluster development	•	M P	Planning Director	[P&Z]	2 years	Article 2, Article 3
ULDC Text Amendment 7.42	Prior to a change of the text in this ULDC	--	P W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Zoning Map Amendment 7.43	Prior to establishing or expanding an activity, building type, or land use prohibited in the current zoning district	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Special Use Permit 7.44	Prior to construction and permitting of any land use that is designated as a special use	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	24 months if use is not established and / or Building Permit not issued	Article 2
Planned Unit Development 7.45	Prior to establishing a Planned Unit Development (PUD)	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	Sec. 2.25
VARIANCES AND ADMINISTRATIVE APPEALS: Require final decisions that provide interpretation of standards or establish the way design or development will occur on specific sites in manners that either vary from the standards of this ULDC or that are contested by an aggrieved party. Such final decisions are characterized by exercise of discretion.
Variance 7.51	Prior to or concurrent with submittal of a Site Plan, or Sign Permit	--	M P S W	1st: Planning Director	[BOA]	None	Article 3
Variance, Floodplain 7.52	Refer to procedures in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.
Appeal of Administrative Decision 7.53	Within 30 days after an appellant or their agent received notice or the action of the official that is the subject of the appeal	--	P M W	[BOA]		None	--
SUBDIVISION REVIEW APPLICATIONS: Require final decisions related to dividing larger tracts of land into smaller lots. City staff or legislatively appointed administrative bodies make final decision based on regulations in this ULDC and on technical requirements of various City departments, local and state agencies, and utilities.
Development Plat 7.61	Prior to development of a property that does not require a subdivision plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	6 months	--
Preliminary Plat 7.62	Prior to a Final Plat in order to subdivide land into five or more lots or lots that require the creation of a street or the expansion of municipal facilities	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	3 years	Article 4
Final Plat 7.63	Following approval of a Preliminary Plat	--		Planning Director	Planning Director	1 year if unrecorded; None after recordation	Article 4
Replat 7.64	Prior to changing the number of lots on a recorded Final Plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]³	2 years; None after recordation	Article 4
Vacating Plat 7.65	Prior to removing the force of a recorded plat covering a property or properties	•		1st: Development Review Committee 2nd: Planning Director	Administrative body that approved the original Minor, Amending, Replat, or Final Plat	2 years; None after recordation	--
Waiver 7.66	Prior or concurrent with submittal of a Preliminary Plat that varies from the subdivision design standards	--	P W	1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	Same as associated plat	Article 4
TABLE NOTES: 1. For complete notice requirements, see Sec. 7.25, Public Notice, and Sec. 7.26, Public Meetings and Hearings. 2. The time period in the "Expiration" column is measured from the date of the issued approval. Expiration occurs if the applicant does not commence the work prior to the expiration or does not diligently pursue completion of the project or the subsequent required approval. See Sec. 7.29, Inactive and Expired Applications. "Commence," for the purposes of this table, means the first City inspection of a development, such as the initial rough plumbing inspection. 3. A public hearing is required if the proposed replat requires a variance or exception, as mandated by Texas Local Government Code Section 212.015. If a public hearing is not required, the final action shall take place at a public meeting of the Planning and Zoning Commission.

Table 7.210-1 Summary of Procedures
• = Pre-Application Conference Required P = Published Notice Required M = Mailed Notice Required S = Signs Notice Required W = Website Notice Required P&Z = Planning and Zoning Commission CC = City Council BOA = Board of Adjustment DRC = Development Review Committee [ ] = Public Hearing Required
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Review Responsibilities		Expiration²	Cross-Reference
Development Application	Submittal Timing	Pre-Application Conference	Public Notice¹	Recommendation	Final Action	Expiration²	Cross-Reference
ADMINISTRATIVE APPLICATIONS: Require final decisions in which City staff apply the standards in this ULDC. Administrative applications typically require objective analysis by City staff and may involve the exercise of very limited discretion.
Administrative Adjustment 7.31	Concurrent with submittal of a Site Development Plan, Building Permit, or Sign Permit	--	--	Planning Director		2 years	--
Site Development Plan 7.32	Prior to any development of any use unless specifically exempted in this ULDC	--	--	Planning Director		2 years	Article 2, Article 3
Minor or Amending Plat 7.33	Prior to developing a minor subdivision or making a minor modification to a recorded plat	--	--	Planning Director		2 years; None after recordation	Article 4
Lot Consolidation 7.34	Prior to applying for a Building Permit	--	--	Planning Director		1 year if unrecorded; None after recordation	--
Construction Plans 7.35	Prior to site construction	--	--	City Engineer		2 years	Engineering Minimum Design Standards and Specifications
Building Permit 7.36	Prior to erecting, altering, replacing, relocating, rebuilding, repairing, or restoring a principal or accessory building or structure	--	--	Building Official		180 days	--
Floodplain Development Permit 7.37	Prior to any development activities or land disturbance within a regulatory floodplain as shown on a Flood Insurance Rate Map (FIRM)	--	--	Floodplain Administrator		180 days	Article 5
On-Site Water or Wastewater Permit 7.38	Prior to land disturbing activities	--	--	City Engineer		180 days	Sec. 4.27
Sign Permit 7.39	Prior to constructing, installing, placing, or relocating a sign or modifying a sign's dimensions or illumination	--	--	Planning Director		2 years	Division 3.6
Temporary Use Permit 7.310	Prior to the operation of any temporary structure or use	--	--	Planning Director		1 year	Sec. 2.36
Certificate of Occupancy 7.311	Upon completion of construction or before a change in occupancy	--	--	Building Official		None	--
Written Interpretation 7.312	None	--	--	Planning Director		--	--
Minor Modification of an Approved Application 7.313	In order to make a limited modification to any numerical standard on an application that has already been approved but that has not received a Certificate of Occupancy	--	--	Development review body that made the initial approval		Same as application being modified	--
Right-of-Way License 7.314	Prior to laying, constructing, building, repairing or rebuilding any sidewalk, driveway, curb, or gutter on any street, alley, or thoroughfare	--	--	City Engineer		1 year	--
Easement Encroachment License 7.315	Prior to building, erecting, or constructing any building, structure, or edifice for any use or occupancy	--	--	City Engineer		--	--
MASTER PLANS, AMENDMENTS, AND SPECIAL USE APPLICATIONS: Require final decisions that establish or change the way the use, design, or development of land will occur on a site-specific, City-wide, or intermediate scale. Elected and appointed development review bodies make final decisions based on general considerations of fostering and preserving the public health, safety, and general welfare. Such final decisions are characterized by the exercise of broad discretion.
Master Development Plan 7.41	As part of a zoning map amendment to a PD or Cluster development	•	M P	Planning Director	[P&Z]	2 years	Article 2, Article 3
ULDC Text Amendment 7.42	Prior to a change of the text in this ULDC	--	P W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Zoning Map Amendment 7.43	Prior to establishing or expanding an activity, building type, or land use prohibited in the current zoning district	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	--
Special Use Permit 7.44	Prior to construction and permitting of any land use that is designated as a special use	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	24 months if use is not established and / or Building Permit not issued	Article 2
Planned Unit Development 7.45	Prior to establishing a Planned Unit Development (PUD)	•	M P S W	1st: Planning Director 2nd: [P&Z]	[CC]	None	Sec. 2.25
VARIANCES AND ADMINISTRATIVE APPEALS: Require final decisions that provide interpretation of standards or establish the way design or development will occur on specific sites in manners that either vary from the standards of this ULDC or that are contested by an aggrieved party. Such final decisions are characterized by exercise of discretion.
Variance 7.51	Prior to or concurrent with submittal of a Site Plan, or Sign Permit	--	M P S W	1st: Planning Director	[BOA]	None	Article 3
Variance, Floodplain 7.52	Refer to procedures in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.
Appeal of Administrative Decision 7.53	Within 30 days after an appellant or their agent received notice or the action of the official that is the subject of the appeal	--	P M W	[BOA]		None	--
SUBDIVISION REVIEW APPLICATIONS: Require final decisions related to dividing larger tracts of land into smaller lots. City staff or legislatively appointed administrative bodies make final decision based on regulations in this ULDC and on technical requirements of various City departments, local and state agencies, and utilities.
Development Plat 7.61	Prior to development of a property that does not require a subdivision plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	6 months	--
Preliminary Plat 7.62	Prior to a Final Plat in order to subdivide land into five or more lots or lots that require the creation of a street or the expansion of municipal facilities	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	3 years	Article 4
Final Plat 7.63	Following approval of a Preliminary Plat	--		Planning Director	Planning Director	1 year if unrecorded; None after recordation	Article 4
Replat 7.64	Prior to changing the number of lots on a recorded Final Plat	•		1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]³	2 years; None after recordation	Article 4
Vacating Plat 7.65	Prior to removing the force of a recorded plat covering a property or properties	•		1st: Development Review Committee 2nd: Planning Director	Administrative body that approved the original Minor, Amending, Replat, or Final Plat	2 years; None after recordation	--
Waiver 7.66	Prior or concurrent with submittal of a Preliminary Plat that varies from the subdivision design standards	--	P W	1st: Development Review Committee 2nd: Planning Director	[Planning and Zoning Commission]	Same as associated plat	Article 4
TABLE NOTES: 1. For complete notice requirements, see Sec. 7.25, Public Notice, and Sec. 7.26, Public Meetings and Hearings. 2. The time period in the "Expiration" column is measured from the date of the issued approval. Expiration occurs if the applicant does not commence the work prior to the expiration or does not diligently pursue completion of the project or the subsequent required approval. See Sec. 7.29, Inactive and Expired Applications. "Commence," for the purposes of this table, means the first City inspection of a development, such as the initial rough plumbing inspection. 3. A public hearing is required if the proposed replat requires a variance or exception, as mandated by Texas Local Government Code Section 212.015. If a public hearing is not required, the final action shall take place at a public meeting of the Planning and Zoning Commission.

(Ordinance No. 16,024, 12/12/2024)

Effective on: 1/1/2025

Sec. 7.31 Administrative Adjustment

Generally. In addition to the applicable required procedures in Division 7.2, Common Review Procedures, the following shall apply to an Administrative Adjustment.

Purpose.

1.
Changes of Modifications. An Administrative Adjustment may allow small changes or modifications to certain standards of a proposed development that may be approved by the Planning Director.
2.
Percentage. The Planning Director may approve minor modifications of any numeric standard in this ULDC up to a maximum of 10 percent when there are practical difficulties in applying the development standards for a project that otherwise complies with the standards of this ULDC.
3.
Variance Reference. Requested adjustments greater than 10 percent shall be submitted and reviewed as a variance in accordance with Sec. 7.45, Variance.

Specific Decision Criteria.

1.
Review and Decision. In determining whether to approve, approve with conditions, or deny a site development plan, the review bodies shall consider the applicable common decision criteria in Sec. 7.24 and the following:
1. a.
  Maximum Percentage. The requested adjustment does not exceed 10 percent of the minimum requirements.
2. b.
  Hardship. The hardship, if any, under which the adjustment is sought, was not created by the owner or occupant of the subject property, nor was it suffered as a result of a violation of this ULDC or any other applicable code of the City.
3. c.
  Minimum Necessary. The adjustment shall be the minimum necessary to grant relief from a demonstrated hardship.
4. d.
  Adjoining Property. The adjustment shall not substantially impair the permitted use or development of adjoining property.
2.
Affirmative Findings. In order to approve an administrative adjustment, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

Effective on: 1/1/1901

Sec. 7.32 Site Development Plan

1.
Infrastructure Capacity. The proposed development does not exceed the capacity of existing and planned infrastructure and public services including, but not limited to, systems for water, sewer, drainage, transportation, solid waste removal, and public safety;
2.
Circulation, Accessibility, and Compatibility. The design of the project provides for vehicle and pedestrian accessibility and circulation within, out of, and into the development and appropriate compatibility and buffering between the development, surrounding land uses (existing or planned), and the natural environment; and
3.
Hazards and Nuisances. The proposed development protects public health and safety against natural and man-made hazards and nuisances which include, but are not limited to, traffic noise, water pollution, and flooding.

Effective on: 1/1/1901

Sec. 7.33 Minor or Amending Plat

1.
Number of Lots. The Minor Plat is proposed for the creation of four or fewer lots.
2.
Existing Street. Each lot in the Minor Plat has frontage on an existing public street without the need for the creation or extension of a new public street.
3.
Existing Utilities. Existing public utilities of adequate capacity serve the entirety of the subject property in the Minor Plat without the need for an extension.
4.
TLGC Reference. The purpose of the Amending Plat is solely one or more of those listed in TLGC Sec. 212.016.

Effective on: 1/1/1901

Sec. 7.34 Lot Consolidation

Specific Review Procedures.

1.
Lot Consolidation in Lieu of Record of Survey. The Planning Director may determine that a Lot Consolidation application may be used instead of a record of survey if:
1. a.
  The lots were created by a map before the County adopted a subdivision approval process;
2. b.
  The consolidation of the lots will result in elimination of potential water well; or
3. c.
  The consolidation of the lots will reduce the density of the lots or bring the lots into conformance with existing zoning.
2.
Application Requirements. The application for the administrative Lot Consolidation procedure must include:
1. a.
  A completed development application;
2. b.
  A completed Lot Consolidation agreement with Harris and Chambers County; and
3. c.
  An eight and one-half-inch by eleven-inch plot plan drawn to show the lots with identifying legal description and measurement of the property.
3.
Map Requirements. The map must:
1. a.
  Include an arrow indicating north on the plot plan.
2. b.
  Identify the lot, block, adjacent roadways, access roads, and easements.
3. c.
  Show the two or more adjoining lots with middle lines designated for removal as a dotted line.
4.
Recording Requirements. The plot plan and the Lot Consolidation agreement must meet the general recording requirements of Texas Local Government Code Sec. 212.016.
5.
Affirmative Findings. In order to approve a Lot Consolidation, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Final Approval and Recording Procedures.

1.
Recordation. When the Planning Director approves a Lot Consolidation, either a record of survey or a Lot Consolidation agreement and plot plan must be recorded in the office of the County Clerk.
2.
Effective Date. Lot Consolidations become effective upon the Lot Consolidation being recorded. This Lot Consolidation process will not affect any existing easement or dedication of record.

Effective on: 1/1/1901

Sec. 7.35 Construction Plans

Effective on: 1/1/1901

Sec. 7.36 Building Permit

Effective on: 1/1/1901

Sec. 7.37 Floodplain Development Permit

Procedures for a Floodplain Development Permit are outlined in Chapter 110, Article II, Division 2, Sec. 110-69, Floodplain Development Permit Procedures, of the City's Code of Ordinances.

Effective on: 1/1/1901

Sec. 7.38 On-Site Water or Wastewater Permit

1.
TCEQ. The development complies with the requirements of the Texas Commission on Environmental Quality.
2.
Code of Ordinances. The development fails to meet applicable standards for public wastewater connections in Sec. 4.27, Public Water and Wastewater Systems.
3.
Impact on Surroundings.
1. a.
  The impact on surrounding properties and environmentally sensitive areas adjacent to the development is minimal; and
2. b.
  The impact on surrounding properties' ability to develop with suitable access to wastewater facilities is minimal.
4.
Lot Characteristics. The total number of lots, size of lots, and overall density of the development is suitable for on-site wastewater;
5.
Environmental Factors. The suitability of the soil conditions, topography, and other environmental factors affecting the development for the installation of the individual on-site wastewater disposal systems;
6.
Master Plans. The proposal complies with the City’s wastewater collection system master plans;
7.
Economic Feasibility. The subject property is greater than 180 feet from the existing wastewater collection system.

Effective on: 1/1/1901

Sec. 7.39 Sign Permit

1.
The sign does not substantially impede the flow of surface water.
2.
The sign is compliant with any other applicable requirements of the City of Baytown Code of Ordinances; and
3.
The sign conforms to the standards set out in Division 3.6, Signs.

Effective on: 1/1/1901

Sec. 7.310 Temporary Use Permit

1.
Temporary Use Standards. The applicable standards detailed in Sec. 2.36, Temporary Use Standards.
2.
Size and Safety of Event. The Planning Director may deny a permit if the use is too large to be safe for the site, neighborhood, street, or infrastructure.

Specific Review Procedures.

1.
Additional Conditions. The Planning Director, in coordination with other City staff, may establish additional conditions that are desirable to ensure land use compatibility or minimize potential adverse impacts on neighboring properties, public streets, or the City as a whole. These may include, but are not limited to, the following:
1. a.
  Hours of Operation. The modification of or restrictions on hours of operation;
2. b.
  Clean Up. Posting of a performance bond to ensure clean-up and removal of signs, equipment, trash, and other similar items; and
3. c.
  Attendance. Limitations on the attendance of an event.
2.
Affirmative Findings. In order to approve a Sign Permit, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effect. Approval of a Temporary Use Permit authorizes the temporary activities on the property that is subject to the permit.

Effective on: 1/1/1901

Sec. 7.311 Certificate of Occupancy

Effective on: 1/1/1901

Sec. 7.312 Written Interpretation

Specific Decision Procedures. The procedures outlined in Division 7.2, Common Review Procedures, shall apply.

Specific Review Criteria. The Planning Director may base the interpretation on one or more of the following:

1.
Other Sources. Sources outside of the ULDC that provide additional information on the provision in question, such as technical or professional literature.
2.
Legislative History. The legislative history of the provision.
3.
Other Interpretations. Other interpretations rendered by the Planning Director associated with the same or related provisions of this ULDC.
4.
Law. Any provision of this ULDC, state law, or federal law that are related to the same subject matter.
5.
Purpose Statements. The purpose statement for the ULDC Article, Division, or Section.
6.
Word Meanings.
1. a.
  The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in a dictionary of common usage;
2. b.
  The provisions of Article 10, Word Usage; and
3. c.
  Any technical meanings of words used in the provision and in context with the meaning of the provision.
7.
Materials or Scenario. The materials or scenario posed by the applicant.

Effect.

1.
No Legal Advice. No written interpretation shall be construed as legal advice.
2.
Final Decision. For purposes of appeal, a Written Interpretation is deemed a final decision. An appeal of a Written Interpretation shall take place in accordance with Sec. 7.28, Appeals.
3.
Recordkeeping. The Planning Director shall keep records of interpretations made pursuant to this Section.

Effective on: 1/1/1901

Sec. 7.313 Minor Modification of an Approved Application

1.
Application Type. The approved application being modified is Site Development Plan, Master Development Plan, Temporary Use Permit, or Variance;
2.
Gross Floor Area (GFA). An addition to a structure does not exceed 10 percent of the previously approved total GFA of the structure;
3.
Height. Additional height of a structure does not exceed 10 percent of the previously approved height.
4.
Position. A shift in a structure's position is less than 10 feet and does not encroach into a required setback or an easement;
5.
Density. The overall density of the project does not increase as a result of the change in GFA, height, or position; and
6.
Condition of Approval. The proposal does not violate a condition of approval for the original application.

Specific Review Procedures.

1.
All Other Modifications. All other modifications that do not meet the specific review criteria in paragraph (A), above, shall require submittal of a new application.
2.
Affirmative Findings. In order to approve a Minor Modification of an Approved Application, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effective on: 1/1/1901

Sec. 7.314 Right-of-Way License

Specific Review Procedures.

1.
Affirmative Findings. In order to issue a Right-of-Way License, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.
2.
Application Requirements. No person shall lay, construct, build, repair, or rebuild any sidewalk, driveway, curb, or gutter on any street, alley, or thoroughfare within the city without:
1. a.
  Applying to the Planning Director for a license to do such work;
2. b.
  Paying a license fee of $10.00; and
3. c.
  Obtaining a permit from the Planning Director to do such work.

Effective on: 1/1/1901

Sec. 7.315 Easement Encroachment License

Specific Review Procedures.

1.
Affirmative Findings. In order to issue an Easement Encroachment License, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.
2.
Application Requirements. Application for a permit required under this Section shall be addressed in writing to the Planning Director, and the applicant shall set forth the following:
1. a.
  The name and address of the person seeking the permit;
2. b.
  The name and address of the contractor employed to do the work, if any;
3. c.
  The nature of the building, structure, or edifice proposed to be erected, including the type of construction proposed;
4. d.
  The use or occupancy to which such proposed building is to be placed;
5. e.
  The name of the subdivision, if any, and the lot and block number where it is proposed to be built; and
6. f.
  Whether or not such proposed building, structure, or edifice or any part thereof will be in, upon, over, or across any easement granted to the City or upon, over, or across any privately constructed sanitary sewer, storm sewer, water main, or electric line conduit of which the applicant has actual or constructive notice.

Effect.

1.
Appeal from Denial. If the City Engineer refuses to grant a permit required under this Section, the applicant may have such action reviewed by an appeal to the City Council in writing within ten days after the decision of the City Engineer is published. The hearing on the appeal to the City Council shall be de novo, and the decision of the City Council shall be final.
2.
Permit to Maintain when Construction Permit not Obtained. If it appears to the City Engineer, upon written application by any person, that a building, structure, or other edifice has been constructed upon or across any sanitary sewer, storm sewer, water main, or easement granted for the purpose of constructing and maintaining such utilities and that such construction was done without the required permit through inadvertence, mistake, or ignorance of the existence, the City Engineer is empowered to issue a permit to maintain such building, structure, or edifice, provided that, upon investigation, the City Engineer is satisfied that a permit would have been granted in the initial instance prior to construction. If the City Engineer refuses to issue the permit to maintain as provided in this section, the applicant shall have the same right to appeal to the City Council as provided in Paragraph C.1.

Effective on: 1/1/1901

Sec. 7.41 Master Development Plan

1.
Phasing. The development is phased in a manner that assures an adequate mixture of residential and nonresidential land uses, for a Planned Unit Development, and allows for transition from the early phases to completion, relating to the intensity of uses and parking.
2.
Undeveloped Space. Together with the developed areas, the undeveloped spaces devoted to natural resource preservation, buffering of uses, and for passive and active recreational use are continuous throughout the development and where appropriate may double as stormwater best management practices.
3.
Streets and Parking. The streets are designed in conformance with Article III, Streets, of Chapter 109 of the Code of Ordinances, and, where appropriate, for multi-modal purposes, including being used as access and transit ways, for on-street parking, and safe use of pedestrians and bicyclists, and the parking is well-distributed and designed to preserve an urban streetscape for a Planned Unit Development, where the context is appropriate.
4.
Walkability. For Planned Unit Developments, the connections within and between buildings, civic spaces, parking areas, and to the surrounding development; the presence of amenities and other pedestrian improvements; and the proximity of origins and destinations both internal and external to the development are such that walking and bicycling are safe and viable modes of transportation.
5.
Quality Design. The design of buildings and hardscape and landscape areas help to establish visual interest, aesthetic appeal, and a unique identity for the development, including as key considerations human-scale amenities, integration of civic and open spaces for public interaction, and protection from the environmental elements.
6.
Building Form and Massing. For Planned Unit Developments, the placement, arrangement, size, and relationships of buildings relative to streets, pedestrian and civic spaces, and one another create an urban environment.
7.
Site Layout. The subject property is laid out in an efficient manner relative to the natural and built environments and designed to achieve the aims of a compact, highly walkable environment, whether through traditional sidewalks and walkways for Planned Unit Developments or through trails for cluster developments.

B.
Effect. Upon approval, all subsequent site development plans and other permits shall clearly demonstrate consistency and conformance with the adopted Master Development Plan.

Effective on: 1/1/1901

Sec. 7.42 ULDC Text Amendment

1.
Impact Mitigation. The proposal helps to mitigate adverse impacts of the use and development of land on the natural or built environments, including, but not limited to, mobility, air quality, water quality, noise levels, stormwater management, and vegetation, or will be neutral with respect to these issues;
2.
Changing Condition. The amendment is necessary to address a changing condition that was not anticipated in the Comprehensive Plan or this ULDC; and
3.
Strategic Objectives. The proposal advances the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.

Specific Review Procedures.

1.
Minor Updates and Changes. If necessary, the Planning Director may, with approval on the Planning and Zoning Commission as a Consent Agenda item:
1. a.
  Correct spelling or punctuation errors;
2. b.
  Make cross-reference changes (because another section of this ULDC or the City's Code of Ordinances has been moved or changed);
3. c.
  Correct cross-reference errors; and
4. d.
  Update graphics and images that do not change any substantive standards of this ULDC.
2.
Significant Changes. If the Planning and Zoning Commission deems the proposed changes by the Planning Director to be significant, then the Planning Director may pursue a formal Text Amendment in accordance with this Section.

Effect.

1.
No Retroactive Cure of Violations. The amendment of the text of this ULDC may transform a legally nonconforming situation into a conforming one. However, no text amendment shall be considered for the sole purpose of curing a violation of any part of this ULDC.
2.
Effective Date. Approval of a ULDC Text Amendment shall take effect upon the effective date of the ordinance or resolution approving the amendment.

Effective on: 1/1/1901

Sec. 7.43 Zoning Map Amendment

1. 1.
  Changed Conditions. There are changed conditions;
2. 2.
  No Adverse Impacts on the Natural Environment. The Zoning Map Amendment would not result in adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater quality, wildlife, vegetation, and wetlands; and
3. 3.
  Addresses Community Need. The application addresses a demonstrated community need.

B.
Specific Review Procedures.
1. 1.
  Recommendation of Denial of Rezoning Request. If the Planning and Zoning Commission recommends denial of a Zoning Map Amendment, the City Council shall only approve the request with a three-fourths majority vote of all voting members (present and absent) of City Council.
2. 2.
  Protest Against Rezoning. A Zoning Map Amendment shall not become effective except by a favorable vote of three-fourths of all members of the City Council if either of the following sign a valid protest against the amendment:
  1. a.
    Owners of 20 percent or more of the land included in such proposed Amendment; or
  2. b.
    Owners of 20 percent of the land within 200 feet of the subject property. The land area within this radius includes any intervening public street or alley.
C.
Effect. Approval of a Zoning Map Amendment shall take effect upon the effective date of the resolution approving the amendment.

Effective on: 1/1/1901

Sec. 7.44 Special Use Permit

1.
SUP Standards. All the standards of Sec. 2.34, Special Use Standards, as applied to the proposed special use are met;

1. 2.
  Nuisance Prevention. Adequate nuisance prevention measures will be taken and maintained to prevent or control offensive odor, fumes, dust, light, noise, and vibration prior to the issuance of a Certificate of Occupancy;
2. 3.
  Harmony. There are sufficient landscaping, screening, setbacks, and other land use measures to ensure harmony and compatibility with adjacent property; and

1. 3.
  Additional Requirements. The site plan meets the criteria set forth in Paragraph (B) below.

B.
Additional Criteria for Special Use Permits. The Planning and Zoning Commission may recommend and the City Council may adopt other conditions on any Special Use Permit application that are needed to protect the public health, safety and welfare, including, but not limited to, hours of operation and additional landscape or parking requirements.
1. 1.
  Occupation, Construction, Alteration, Extension, or Expansion. It shall be unlawful for any person to occupy, construct, alter, extend or expand any use within a zoning district which permits that use only as a special use unless a Special Use Permit has first been issued by the City Council for the specific occupation, construction, alteration, extension or expansion of the proposed use in accordance with the provisions of this Section. If approved, the permit shall be issued specifically to the person named in the application for the permit and shall not be transferred without providing prior written notification to the Planning Director.
2. 2.
  Compliance and Documentation. All uses that receive a Special Use Permit as required under this Section shall meet all applicable regulatory requirements of the state and federal government and shall meet all applicable requirements of this and other pertinent ordinances of the City. Applicants for Special Use Permits shall provide documentation that identifies all applicable federal and state licensing requirements for the proposed facilities at the time of application. Copies of the documentation from the state or federal agencies indicating compliance (i.e. licenses or certificates) shall be provided to the City no later than 60 days of issuance of the compliance documents.
3. 3.
  Location Determination. Prior to leasing or purchasing facilities, potential heavy industrial use developers are strongly encouraged to meet with the Planning Director to determine if the location will require a Special Use Permit or other approvals and to review the merits of potential locations.
4. 4.
  Site Plan Required. All applications for a Special Use Permit shall be filed with the Planning Director. The application shall be accompanied by a site plan which, along with the application, will become a part of the Special Use Permit, if approved. The accompanying site plan shall provide the following information:
  1. a.
    For recreational vehicle parks:
    i.
    General layout of the development; and
    ii.
    Number of recreational vehicle stands; or
  2. b.
    For all other developments requiring a Special Use Permits:
    i.
    Data describing all processes and activities involved with the proposed use;
    ii.
    Data showing compliance with the conditions listed in 2.34, Special Use Standards;
    iii.
    Site plan showing lot size and boundaries drawn to scale;
    iv.
    The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height, roofline and gross floor area of any such building or structure, walls, fences, and buffering. All items on site plan shall be dimensioned;
    v.
    The location of existing natural and manmade stormwater facilities and significant natural features;
    vi.
    Proposed wastewater facilities and points of discharge;
    vii.
    Proposed landscaping and screening buffers;
    viii.
    The location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities, and outdoor trash storage facilities;
    ix.
    Traffic impact analysis, unless the applicant secures a written waiver from the City Engineer stating that the proposed use will have no significant impact on the City's traffic system; and
    x.
    Anticipated permits required regarding pollutants, wetlands and hazardous materials.
5. 5.
  Technical Expert. When a Special Use Permit is required to comply with the provisions of this ULDC and when the technical information provided by the applicant is beyond the technical capacity of the City staff to review the application, in addition to the usual application fee, the applicant shall reimburse the City for the actual cost to the City for the services of a technical expert to review the application and/or information supplement. The Planning Director shall notify the applicant in writing at least five working days prior to hiring a technical expert so that the applicant has the opportunity to withdraw his application or provide feedback on the hiring of the technical expert.
C.
Specific Review Procedures.
1. 1.
  Application. In addition to requirements in Sec. 7.22, Application Submittal, Fees, and Completeness, SUP applications shall include the following substantive information:
  1. a.
    The grounds on which the special use is requested;
  2. b.
    A site plan; and
  3. c.
    A statement regarding how the proposed special use meets all applicable requirements of this ULDC.
2. 2.
  Simultaneous Processing. An application for a SUP may be processed simultaneously with other required applications, such as a Zoning Map Amendment, and approval of the other applications may be a condition of approval of the SUP. However, each application shall be processed on its own independent merits according to the standards applicable to the application.
3. 3.
  Conditions of Approval.
  1. a.
    Generally. In addition to the general requirements listed above, uses requiring a SUP shall be subject to the imposition of conditions for each use outlined below:
    i.
    Assurance that the special use is developed exactly as presented in drawings, exhibits, and assertions made at the hearings.
    ii.
    Limit uses, reduce density, and/or increase open space, landscaped surfaces, or environmental protection to ensure that the special use is consistent with the area's character or adequately protects the use and enjoyment of neighboring property.
    iii.
    Limit the length of time a special use may exist or provide for periodic review of the appropriateness of the use, or provide for eventual elimination of the use.
    iv.
    Impose conditions on hours of operation and the use of outdoor lighting.
    v.
    Impose any other conditions that ensure the general purposes, goals, and objectives of the Comprehensive Plan and this Code are met.
    vi.
    Prevent or minimize adverse effects from the proposed special use and development on other properties in the neighborhood and on the public health, safety, and welfare.
  2. b.
    Acceptance of Conditions.
    i.
    All conditions and restrictions shall be provided in writing to the applicant within three days of approval by the City Council.
    ii.
    The applicant shall submit a written statement agreeing to the approval and all conditions within ten days of the date of the written notice of the conditions and restrictions.
    iii.
    If the conditions are accepted, the project is approved. If no agreement is offered or if the conditions are rejected, the application is denied.
4. 4.
  Amendment of SUP Approval. No use or activity permitted as a SUP shall be enlarged or extended beyond the limits authorized in the grant of special use approval. All enlargements, extensions, and changes in use shall require a new application for a special use to reflect the change(s).
5. 5.
  Revocation. The Planning Director may revoke a Special Use Permit if it is determined that any of the following are true:
  1. a.
    The applicants have misrepresented any material fact on their application, or supporting materials;
  2. b.
    The special use fails or ceases to comply with applicable standards, conditions or criteria for issuance of a permit;
  3. c.
    The operation of the special use violates any statute, law, ordinance or regulation; or
  4. d.
    The operation of the special use constitutes a nuisance or poses a real or potential threat to the health, safety or welfare of the public.
6. 6.
  Expiration. A lapse of a period greater than 24 months from the date of City Council approval causes the Special Use Permit and all related approvals or permits to expire and be of no further force and effect unless one of the following conditions are met:
  1. a.
    The holder of the Special Use Permit is issued a Certificate of Occupancy for the use specified in the Special Use Permit;
  2. b.
    If no Certificate of Occupancy is required, the holder of the Special Use Permit is issued a Certificate of Completion for the use specified in the Special Use Permit; or
  3. c.
    In projects where the use will be established on the property in phases, the applicant may submit a series of permit applications to prevent the Special Use Permit from expiring. The phasing plan must be annotated on the application for the Special Use Permit. The first Certificate of Occupancy or completion must be issued within 24 months of Special Use Permit approval. No more than 24 months shall pass between subsequent issuances of Certificates of Occupancy or Completion until the project specified in the Special Use Permit is complete.
  4. d.
    If expired, a new Special Use Permit application must be submitted and approved before engaging in the use.
7. 7.
  Discontinuation of Use. A Special Use Permit shall expire 12 months following the discontinuation of the use for which the Special Use Permit was approved.
D.
Effect of Decision.
1. 1.
  Authorization. An approved SUP authorizes a use or structure according to specific standards set out in this ULDC and conditions of approval. Approval of a special use does not directly authorize development if other approvals are also required by this ULDC. Therefore, development approved by a special use shall not be carried out until the applicant has secured all other development approvals required by this ULDC.
2. 2.
  Official Zoning Map Annotation. Upon approval of a SUP, the Planning Director shall indicate the same in the proper place on the Official Zoning Map by use of an appropriate code number or symbol.
3. 3.
  Transferability. A SUP is not transferable between property owners or between operators or applicants unless the City Council stipulates as such as part of its approval of the SUP.

Effective on: 1/1/1901

Sec. 7.45 Planned Unit Development

Detail Plan Requirements. The application for PUD district must have a Detail Plan, which shall include the following:

1.
Purpose. The Detail Plan contains the details of development for the property;
2.
Relation to the Comprehensive Plan. A general statement setting forth how the proposed development will relate to the City's Comprehensive Plan and the degree to which it is or is not consistent with the Comprehensive Plan and the proposed base zoning district;
3.
Acreage. The total acreage in the plan as shown by a survey or plat, certified by a registered professional land surveyor;
4.
Land Uses. Permitted uses, specified in detail, and the acreage for each use;
5.
Off-Site Information. Adjacent or surrounding land uses, zoning, streets, drainage facilities, and other existing or proposed off-site improvements, sufficient to demonstrate the relationship and compatibility of the development to the surrounding properties, uses, and facilities;
6.
Traffic and Transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the development, and the traffic generated by the proposed uses. Identify the relationship of each proposed street to the City's major thoroughfare plan;
7.
Development Standards. Development standards, if different from the base zoning district, for each proposed land use, as follows:
1. a.
  Minimum lot area;
2. b.
  Minimum lot width and depth;
3. c.
  Minimum front, side, and rear building setback areas;
4. d.
  Maximum height of buildings;
5. e.
  Maximum lot coverage;
6. f.
  Maximum floor-to-area ratios for nonresidential uses;
7. g.
  Minimum parking standards for each general land use; and
8. h.
  Other standards as deemed appropriate.
8.
Existing Conditions. On a scaled map sufficient to determine detail, the following shall be shown for the area within the proposed development:
1. a.
  Existing streets;
2. b.
  Existing 100-year floodplain, floodway, and major drainage ways;
3. c.
  Zoning districts within and adjacent to the proposed development;
4. d.
  Land use; and
5. e.
  Utilities, including water, wastewater, and electric lines.
9.
Buildings. The locations, maximum height, maximum floor area, and minimum setbacks for all nonresidential buildings;
10.
Residential Development. The numbers, location, and dimensions of the lots, the minimum setbacks, the number of dwelling units, and number of units per acre (density);
11.
Water and Drainage. The location of all creeks, ponds, lakes, floodplains or other water retention, or major drainage facilities and improvements;
12.
Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the development;
13.
Open Space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be for public or private use;
14.
Sidewalks and Bike Paths. Sidewalks or other improved ways for pedestrian or bicycle use;
15.
Landscape Plan. A landscape plan; and
16.
Phasing Schedule. A development larger than 100 acres shall provide a phasing schedule depicting the construction phases.

(Ordinance No. 16,024, 12/12/2024)

Effective on: 1/1/2025

Sec. 7.51 Variance

1.
Use and Sign Type Variances. Variances are prohibited that would allow a land use or a sign type in a zoning district in which the use or sign type is prohibited.
2.
Variances to Other Laws or Regulations. Variances to state or federal laws or to regulations outside of this ULDC are not subject to this Section.
3.
Conditions of Approval. An applicant may seek modifications to conditions of approval on an approved application. Such requests shall be subject to the review procedures of a new application.
4.
Parking Credits and Reductions. Adjustments to the number of parking spaces required are not subject to this Section and may only be authorized in accordance with Sec. 3.35, Parking Credits and Reductions.
5.
Subdivision Standards. Relief from the requirements of Article 4, Subdivision Design, is not subject to this Section and may only be authorized in accordance with Sec. 7.66, Waiver.

1.
Variances for Signs. Criteria for Variance requests regarding signs are outlined in Division 3.6, Signs, of this ULDC.
2.
Other Variances. To approve the application, affirmative findings shall be made of all applicable criteria, including the following:
1. a.
  Special Circumstances or Conditions Exist. There are special circumstances or conditions existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions, and location that do not apply generally to other property in the same area and in the same zoning district;
2. b.
  Not Created by Applicant and Not Financial. The special circumstances or conditions existing on the property were not created by the applicant and are not merely financial;
3. c.
  Use of Property. Such special circumstances or conditions existing on the property on which the application is made deprive the applicant of the same rights in the use of his property that are presently enjoyed by other owners of properties located in the vicinity and same zoning district;
4. d.
  Will Not Adversely Affect Land Use Pattern. Granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the City's Comprehensive Plan; and
5. e.
  Not Detrimental to Public. Granting of a variance will not be detrimental to the public health, safety, or welfare or injurious to the use, enjoyment, or value of other property in the vicinity.

Specific Review Procedures.

1.
Procedures. Procedures for Variance requests regarding signs are outlined in Division 3.6, Signs, of this ULDC.
2.
Affirmative Findings. In order to approve a Variance, the final decision-making body established in Sec. 7.11, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effect.

1.
Particular Variation. Issuance of a Variance shall authorize only the particular variation that is approved in the variance request.
2.
Property Ownership. A Variance shall run with the land and not be affected by a change in ownership.
3.
Other Approvals. Approval of a Variance does not guarantee that the development shall receive subsequent approval for other development review applications unless the relevant and applicable portions of this ULDC or any other applicable provisions are met.

Effective on: 1/1/1901

Sec. 7.52 Variance, Floodplain

Procedures for Variance, Floodplain are outlined in Chapter 110, Article II, Division 2, Sec. 110-70, Variances, of the City's Code of Ordinances.

Effective on: 1/1/1901

Sec. 7.53 Appeal of Administrative Decision

1.
Record and Evidence. The administrative decision was appropriate considering the written record of the case and the evidence presented; and
2.
Ordinance Requirements. The decision reflects the requirements contained in this ULDC.

Specific Review Procedures.

1.
Transmission of Records. The staff person whose decision is appealed shall transmit to the Board of Adjustment all of the documents constituting the record of the appealed action.
2.
Burden of Proof in Appeals. The Board of Adjustment shall presume as valid the final decision being appealed. The appellant shall present sufficient evidence and have the burden to justify a reversal of the decision being appealed.
3.
Affirmative Findings. In order to act on an Appeal of Administrative Decision, the final decision-making body established in Sec. 7.210, Development Review Summary Table, shall make affirmative findings on all of the applicable decision criteria.

Effect.

1.
Stay of Proceedings. An Appeal of Administrative Decision shall stay all proceedings in furtherance of the action being appealed by the official from which the appeal is taken unless the official certifies that a stay would cause imminent peril to life or property.
2.
Final Decision. The Board of Adjustment shall have the final decision-making powers of the administrative official from whom the appeal is taken. Further appeals of the Board's decision shall be heard by a court of competent jurisdiction.
3.
No Variance. A decision on an Appeal of Administrative Decision cannot, in effect, grant or issue a Variance.

Effective on: 1/1/1901

Sec. 7.61 Development Plat

Generally. In addition to the applicable required procedures in Sec. 7.24, Common Decision Criteria, the following shall apply to Development Plats.

1.
Never Platted or Replatted. That has not been platted or replatted on or before the effective date of this ULDC;
2.
Exemption from Subdividing. For which the property owner claims an exemption from the requirements to submit a Minor, Amending, Preliminary, or Final Plat or a Replat;
3.
Private Access. For which the only access is a private easement or street; or
4.
Greater than Five Acres. The division of which will result in parcels or lots each of which is greater than five acres in size, and where no public improvement is proposed to be dedicated or constructed.

C.
Exceptions. No Development Plat shall be required where the land to be developed has received Final Plat or Replat approval on or before the effective date of this ULDC.
D.
Specific Decision Criteria.
1. 1.
  Review and Decision. In determining whether to approve, approve with conditions, or deny a Development Plat, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:
  1. a.
    Safety Hazard. The proposed development will not create a safety hazard on a public roadway (such as by not providing adequate on-site parking or vehicle maneuvering space for a restricted access/gated entrance).
  2. b.
    Public Improvements. Appropriate agreements for acceptance and use of public improvements to serve the development have been tendered.
  3. c.
    Standards and Specifications. The proposed development conforms to the design and improvement standards contained in the City's Engineering Design Standards and Specifications.
2. 2.
  Required Approval. If the Planning and Zoning Commission finds that a Development Plat complies with all applicable decision criteria, then it is required to approve the Plat.

Effective on: 1/1/1901

Sec. 7.62 Preliminary Plat

1.
Prepared by a Surveyor. A Preliminary Plat shall be prepared by a Professional Land Surveyor registered in the State of Texas.
2.
Notice on Plat. The following notice shall be printed on the face of each Preliminary Plat submitted: "Preliminary Plat - for inspection purposes only and in no way official or approved for recording purposes."
3.
Specifications. Plat sheet sizes shall be drawn at industry-standard engineering scales on standard ANSI or Architectural sheet sizes sufficient to legibly illustrate the proposed layout and required information. However, one dimension of the plat sheet may not exceed 36 inches.
4.
Contents. The subdivider shall provide the following items in a legible manner on a Preliminary Plat.
1. a.
  All unsubdivided contiguous land under single or common ownership shall be included in the Preliminary Plat. However, if approved by the Planning Director prior to submittal, the limits of a Preliminary Plat may include a portion of the owner's contiguous land and extend to known identifiable limits such as collector streets or other well-defined development barriers.
2. b.
  Location map, legibly illustrating the general position of the property relative to at least two intersecting City of Baytown arterial streets or State highways.
3. c.
  Scale, north arrow, date, exact acreage, proposed subdivision name, and other pertinent site-specific descriptive information.
4. d.
  Property owner's name, address, and telephone number, including the record owner and warranty deed recording information of the proposed subdivision.
5. e.
  Accurate one-foot interval contours according to NAD83/NAVD88 datum or subsequent established United States Geodetic Survey data adopted by the City. The face of the Preliminary Plat shall indicate the source, datum, and date of creation for the contour data.
6. f.
  The Preliminary Plat must be tied by survey to abutting section corners, or when the proposed subdivision abuts or is abutting an existing recorded plat, the Preliminary Plat may be tied by survey to such existing plat. Boundary lines for the proposed subdivision shall be indicated by heavy lines. Boundaries for lots and/or tracts within the plat boundary shall be shown in solid lines. Existing cross streets shall be shown for reference at the property boundary.
7. g.
  The approximate location of any City limit lines including labels for inside and outside City limits.
8. h.
  The name and location of all abutting subdivisions shall be drawn to the same scale and shown in dashed lines abutting the tract proposed for subdivision in sufficient detail to show accurately the existing streets and alleys and other features that may influence the layout and development of the proposed subdivision. Abutting unplatted land shall show property lines and owners of record. If the abutting land has a current approved Preliminary Plat, it shall be shown on the Preliminary Plat.
9. i.
  The following adjoining and abutting property information shall be shown on all property adjoining and abutting the plat boundary:
  1. i.
    Subdivision name, Lot #, Block #, and recording information (if the property is platted);
  2. ii.
    Name of ownership with deed and recording information (if the property is not platted); and
  3. iii.
    Any recorded easements known to the surveyor at the time of submittal with recording information.
10. j.
  The location, name, and width of all streets, alleys, public and private easements, and rights-of-way existing or proposed within the subdivision limits, along with the proposed names of streets.
11. k.
  The location of proposed closures of existing streets, alleys, easements, and rights-of-way.
12. l.
  The major road system and location of site with respect to the City (southeast, northwest, etc.)
13. m.
  The known location of all existing property lines within the area proposed for subdivision.
14. n.
  Proposed arrangement of lots. Property for residential use shall be platted as lots and shall be numbered consecutively from one to the total number of lots in the subdivision. Property platted for commercial use, public use, or private street use shall be platted as tracts and shall be lettered in alphabetical order.
15. o.
  The title of the proposed subdivision, the name of the owner(s) with sufficient data to show ownership, and the proponent of the preliminary plat and current landowner(s) at time of submittal (if different than proponent). The proposed title shall not conflict with any previous subdivision name.
16. p.
  Sites proposed for stormwater drainage and impoundment easements, parks, or other property owned by the City or any other governmental entity shall contain no blanket or specific utility easement until approved by the City Engineer or authorized representative of other governmental entities.
17. q.
  A preliminary drainage analysis and map that meets the requirements of the Stormwater Management Plan of the City.
18. r.
  A statement regarding maintenance of any installed detention/retention basins shall be stated on the face of the plat.
19. s.
  Subdivision names shall not change once approved by the Planning and Zoning Commission.
20. t.
  All spelling on the plat shall be correct.

Specific Decision Criteria.

1.
Review and Decision. In determining whether to approve, approve with conditions, or deny a Preliminary Plat, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:
1. a.
  Standards and Specifications. The proposed development conforms to the design and improvement standards contained in the City's Engineering Minimum Design Standards and Specifications.
2. b.
  Other Review Bodies. If applicable, approval from any public school district sharing territory with the City of Baytown and any legislative-created districts.
2.
Required Approval. If the Planning and Zoning Commission finds that a Preliminary Plat complies with all applicable decision criteria, then it is required to approve the Plat.

Approval Procedures.

1.
Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall approve or disapprove the application. If the application is disapproved, the Planning and Zoning Commission shall provide a written statement to the applicant in accordance with Texas Local Government Code Section 212.0091.
2.
Applicant Response to Disapproval. The applicant may submit a response to the Planning and Zoning Commission in accordance with Texas Local Government Code Section 212.0093. If submitted in accordance with the filing calendar, the Planning Director shall file the response with the Planning and Zoning Commission for consideration within 15 days.
3.
Consideration of Response by Planning and Zoning Commission. The Planning and Zoning Commission shall approve or disapprove a response submitted in accordance with Texas Local Government Code Section 212.0093. If the response is disapproved, the Planning and Zoning Commission shall provide a written statement to the applicant in accordance with Texas Local Government Code Section 212.0091.

Commission Final Decision.

1.
Action. The Planning and Zoning Commission shall make a final decision on the Preliminary Plat at a regularly scheduled meeting held within 30 days of the date the Plat is filed. This deadline may be extended an additional 30 days if the applicant requests Planning and Zoning Commission approval.
2.
No Action. If no action is taken by the Planning and Zoning Commission at the end of the 30-day period, without the request of an extension, the Plat shall be deemed to have been approved.
3.
After Decision. After the Planning and Zoning Commission makes a final decision on the Preliminary Plat, the applicant may then submit a Final Plat Application. A Preliminary Plat and a Final Plat of the same subdivision shall not be placed on the same meeting agenda.

No Public Dedication. Approval of the Preliminary Plat shall not constitute any real property grant or dedication or the acceptance of any public improvements.

Effective on: 1/1/1901

Sec. 7.63 Final Plat

Waiver of Final Plat.

1.
Notwithstanding the general requirements of this ULDC, the Planning Director may, upon review of the Preliminary Plat submittal as required, not require the submittal of a Final Plat provided the following specific conditions are met:
1. a.
  A utility easement will not be required due to the location and accessibility of the building with respect to the existing public street system;
2. b.
  Density requirements are not exceeded;
3. c.
  All structures lie within 150 feet of a dedicated and improved street;
4. d.
  No conflict exists with the major thoroughfare plan; and
5. e.
  No street right-of-way dedication is required.
2.
This action does not release the developer from meeting drainage requirements.

Land Not to be Excluded.

1.
Avoidance. A Final Plat shall not exclude land that should otherwise be included for the purpose of avoiding requirements of this ULDC, including, but not limited to, the requirement to improve existing perimeter streets or to dedicate a street designated on the current City of Baytown Master Thoroughfare Plan.
2.
Remainder Tracts. In no case shall a Final Plat exclude land so as to leave a remainder of such size, shape, or location as not to be developable in substantial compliance with the requirements of this ULDC.

Applicant Responsibilities. The Final Plat shall incorporate all preliminary plat information and conditions approved by the Planning and Zoning Commission and shall meet the following:

1.
Prepared by a Surveyor. A Final Plat shall be prepared by a Professional Land Surveyor registered in the State of Texas.
2.
Boundary and Acreage. The plat boundary and the exact acreage included in that boundary.
3.
Name. Title or name of the plat. If a lot or tract is replatted, all land in the original lot(s) or tract(s) shall be replatted in order to retain the original plat name.
4.
Specifications. Plat sheet sizes shall be drawn at industry-standard engineering scales on standard ANSI or Architectural sheet sizes sufficient to legibly illustrate the proposed layout and required information. However, one dimension of the plat sheet may not exceed 36 inches.
5.
Geographic Data. The map scale, horizontal datum, north arrow, and date.
6.
Adjacent and Abutting Properties. Referenced by:
1. a.
  Name of recorded plats of adjacent and abutting properties;
2. b.
  Property lines and owners of record for unplatted land;
3. c.
  A specific indication of applicable City Limit boundaries; and
4. d.
  The following adjoining property information shall be shown on all property abutting the plat boundary:
  1. i.
    Subdivision name, Lot #, Block #, and recording information (if the property is platted);
  2. ii.
    Name of ownership with deed and recording information (if the property is not platted); and
  3. iii.
    Any recorded easements known to the surveyor at the time of submittal with recording information.
7.
Final Plat Survey and Control.
1. a.
  The Final Plat dimensional control shall be in units of U.S. Survey Feet to the nearest one-hundredth of a foot. Directional control shall be shown as bearings to the nearest arc second. The description of the methodology used and the source, datum, and date of creation of the relevant points must be included on the face of the plat. Control for a Final Plat shall be established by one of the following methods:
  1. i.
    The Final Plat must be tied by survey to adjacent section corners; or
  2. ii.
    When the approved subdivision abuts or is adjacent to an existing recorded plat of the City of Baytown or Chambers County, the Final Plat may be tied by survey to such existing plat.
2. b.
  The Final Plat shall include horizontal coordinates on at least two of the boundary corners relative to the Texas Coordinate System of 1983, North Central Zone datum as described in Texas Natural Resources Code, Title 2, Chapter 21, or subsequently established United States Geodetic Survey data adopted by the City of Baytown.
8.
Lot Lines. Boundary lines of all lots, tracts, and parcels with accurate dimensions, bearings, radii, chord distances, and central angles of all curve segments, for all total curves. Such lines shall be shown in the same manner as required for Preliminary Plats in 7.62, Preliminary Plat.
9.
Identification. Numbers and letters to identify each lot or tract.
1. a.
  Lots shall be numbered consecutively from one to the total number of lots in the subdivision. Tracts shall be lettered in alphabetical order. Such designation will be continuous in the order that Final Plats of portions of a Preliminary Plat are recorded with the County Clerk.
2. b.
  Replatted lots will be designated alphanumerically (e.g. Lot 1-A), and further subdivision will alternate numbers and letters (e.g., Lot 1-A-1, Lot 1-A-1-A). The same alternating method will be used for tracts (e.g., Tract A-1, Tract A-1-A, Tract A-1-A-1).
3. c.
  Private Streets and common open space and other common areas shall be platted as separate tracts and names must be approved by the City of Baytown. Changes to existing private street names require approval of the City of Baytown Building Official when the changes will affect existing residents.
10.
Street Width and Names. All street and alley rights-of-way and easements shall be clearly shown on the plat and the purpose and restrictions of use of such easement indicated.
1. a.
  Accurate location, dimensions, bearings, radii, chord distances, and central angles of all curve segments, for all total curves, shall be provided to readily establish the location of rights-of-way and easements. Location of points of intersection and points of tangency of street intersections other than right-angle intersections shall be indicated;
2. b.
  Bearing, distances, and ties to the property boundary (including medians);
3. c.
  A key of abbreviations for easement types, such as utilities, cross-access, tree preservations, etc., shall be included on the plat;
4. d.
  Legal references shall be provided for all previous dedications and easements abutting the property;
5. e.
  Name of each street and width of streets, alleys, and other rights-of-way; and
6. f.
  Approved City Street names shall be shown first followed by any highway designation and numbering in parentheses if applicable. For example, "19th Street (US 62)".
11.
Solid Waste. All platted lots and tracts shall provide for collection of solid waste consistent with Chapter 86, Solid Waste, of the City of Baytown Code of Ordinances unless alternatives are approved by the City Council.
12.
Symbology. All symbology on the plat shall be distinct, consistent, and labeled in the legend. If multiple features overlap, labels need to be included to distinguish what is proposed.
13.
For Review Purposes Only. Temporary labeling shall be required on unrecorded adjacent and abutting plats considered "in platting process" or "under construction" that is shown on a Final Plat for review. These labels shall be taken off before final recording.
14.
Spelling. All spelling on the plat shall be correct.

Specific Decision Criteria.

1.
Review and Decision. In determining whether to approve, approve with conditions, or deny a Final Plat, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and conformance to applicable portions of the approved Preliminary Plat.
2.
Required Approval. If the Planning and Zoning Commission finds that a Final Plat complies with all applicable decision criteria, then it is required to approve the plat.

Final Decision.

1.
Action. The Planning and Zoning Commission shall make a final decision on the Final Plat within 30 days of the date the plat is filed. The deadline may be extended an additional 30 days if the applicant requests Planning and Zoning Commission approval.
2.
No Action. If no action is taken by the Planning and Zoning Commission at the end of the 30-day period, without the request, the plat shall be deemed to have been approved.

Preliminary Plat Renewal.

1.
Phasing. For a development to be constructed in phases, the Final Plat may include only a portion of the land included in the Preliminary Plat.
2.
Two-Year Period. Where only a portion of an approved Preliminary Plat is submitted for Final Plat approval, a Final Plat of the remaining area may be submitted at any time within two years of the date of Preliminary Plat approval.
3.
Renewal and Expiration. If a Final Plat of the remaining area has not been submitted within the two-year time period, the portion of the Preliminary Plat for which no Final Plat has been submitted shall be deemed null and void. However, if at least one phase of the Preliminary Plat has received Final Plat approval, its public improvements have been completed, and it has been recorded with the Chambers County Clerk, an extension to the two-year time limit shall be automatically granted for all phases.

1.
Application for closure;
2.
Preparation of Final Plat or Replat and indicating closed right-of-way;
3.
Council approval of closure;
4.
File closure ordinance; and
5.
Final Plat recorded.

Effective on: 1/1/1901

Sec. 7.64 Replat

Applicant Responsibilities. Except as provided in this Subsection, applicant responsibilities shall be the same as those for a Final Plat.

1.
Is signed and acknowledged by only the owners of the property being replatted;
2.
Is approved, after a public hearing by the Planning and Zoning Commission on the matter, if required by Texas Local Government Code Section 212.015; and
3.
Does not attempt to amend or remove any covenants or restrictions.

Specific Decision Criteria.

1.
Review and Decision. In determining whether to approve, approve with conditions, or deny a Replat, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria.
2.
Required Approval. If the applicable review body finds that a Replat complies with all applicable decision criteria, then it is required to approve the Replat.

Final Decision.

1.
Action. The Planning and Zoning Commission shall make a final decision on the Replat within 30 days of the date the Plat is filed. The deadline may be extended an additional 30 days if the applicant requests or consents in writing to the extension to act upon the Plat.
2.
No Action. If no action is taken by the Planning and Zoning Commission at the end of the 30-day period, without the request or consent of an extension, the Plat shall be deemed to have been approved.

Effective on: 1/1/1901

Sec. 7.65 Vacating Plat

Vacation of Plat. A recorded plat may be vacated in accordance with Texas Local Government Code Section 212.013.

Review and Decision. In determining whether to approve or deny a Vacating Plat, the review body shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria.

Effective on: 1/1/1901

Sec. 7.66 Waiver

Generally. In addition to the applicable required procedures in 7.24, Common Decision Criteria, the following shall apply to Waivers.

Specific Decision Criteria.

1.
Review and Decision. In determining whether to approve, approve with conditions, or deny a Waiver, the review bodies shall consider the applicable common decision criteria in Sec. 7.24, Common Decision Criteria, and the following:
1. a.
  Strict application of the standard requested to be waived renders platting of the subject property unfeasible.
2. b.
  The Waiver requested is the minimum necessary that will make possible platting of the subject property.
3. c.
  The reason for the Waiver is based on a minimum of one of the following:
  1. i.
    The particular physical surroundings, shape, or topographical conditions of the subject property;
  2. ii.
    Achieving alternative compliance with the standard requested to be waived in a manner not contemplated in this ULDC;
  3. iii.
    The effect of the development will not prevent orderly subdivision of other land in the vicinity; and
  4. iv.
    The development will not cause the City to be required to provide City services at a level above that required in other subdivisions.
2.
Affirmative Findings. In order to approve a Waiver, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1.
Sec. 4.29, Street Names, Street Lights, and Fire Hydrants;
2.
Sec. 4.24.C.3, Depth;
3.
Sec. 4.25, Easements; and
4.
Sec. 4.27, Public Water and Wastewater.

Effective on: 1/1/1901