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Blanco City Zoning Code

CHAPTER 3

Applications and Procedures

§ 3.1 Purpose and Intent.

The purpose of this Chapter is to establish application procedures, internal review procedures, public notice and hearing procedures, and review criteria for the processing of applications and actions that affect the development and use of property subject to the jurisdiction of the City of Blanco.
(Ordinance adopted 11/10/20)

§ 3.2 Types of Applications and Permits.

(1) 
General.
(a) 
Review authorities for applicable development applications and permits are described in Table 3.1 below.
(b) 
Applicable fees and timelines for review will be established and may be adjusted periodically by City Ordinance.
(c) 
Certain procedures apply inside city limits that do not apply in the ETJ. Table 3.1 also provides guidelines for the procedures that apply in the city limits or ETJ.
(2) 
Policy-Related Applications and Permits.
(a) 
Approval of applications for development is based upon the proposed development’s conformance with existing regulations.
i. 
Such regulations include the Comprehensive Plan, Zoning Map, this Code, and any other bases for consideration described in this Code.
ii. 
In cases where a proposed development is not in accordance with these policies, changes to policies made by the appropriate review entity (either the City Council or Board of Adjustment) before any subdivision development not in accordance with existing policies may proceed.
(b) 
Procedures for each Policy-Related application are discussed in Section 3.5 and include:
i. 
Comprehensive Plan Amendment,
ii. 
Code Text Amendment Procedures,
iii. 
Annexation,
iv. 
Zoning Map Amendment,
v. 
Special Use Permit,
vi. 
Historic district Designation, and
vii. 
Letters of Regulatory Compliance.
(3) 
Subdivision-Related Applications and Permits.
(a) 
Subdivision-related procedures are necessary to establish individual lots appropriate for development. These procedures are used to establish what is commonly referred to as a Legal Lot, on which development may occur. Subdivision activities and project[s] must be in compliance with this Code.
(b) 
Procedures for each Subdivision-Related application are discussed in Section 3.6 and include:
i. 
Concept Plan,
ii. 
Final Plat,
iii. 
Administrative Plat, and
iv. 
Development Agreement.
(4) 
Development-Related Applications and Permits.
(a) 
Development in the City must occur in compliance with all regulations of this Code, and development in the extraterritorial jurisdiction must occur in compliance with certain elements of this Code (See Section 1.4 for applicability of requirements to the ETJ).
i. 
Any necessary modification to those standards must occur before a development project may be permitted that deviates from existing plans, standard or requirements.
ii. 
Land must be appropriately subdivided and platted before any development project may occur.
(b) 
Procedures for each Development-Related application are discussed in Section 3.7 and include:
i. 
Letter of Regulatory Compliance,
ii. 
Certificate of Historic Design Compliance,
iii. 
Building Permit,
iv. 
Variance,
v. 
Temporary Use Permit,
vi. 
Certificate of Occupancy,
vii. 
On-Site Wastewater Permit,
viii. 
Sign Permit,
ix. 
Administrative Decision or Exception, and
x. 
Appeal of an Administrative Decision.
Table 3.1 Summary of Review Authority
Permit or Application
Within ETJ
Administrative Review
Historic Preservation Commission
Board of Adjustment
Planning & Zoning Commission
City Council
Blanco County
POLICY-RELATED APPLICATIONS AND PERMITS
Comprehensive Plan Amendment
+
R
 
 
R
X
 
UDC Text Amendment
+
R
 
 
R
X
 
Annexation
+
R
 
 
 
X
 
Zoning Map Amendment
 
R
R
 
R
X
 
Special Use Permit
 
R
R
 
R
X
 
Historic District Designation
 
R
R
 
R
X
 
Written Interpretation
+
X
 
 
 
 
 
SUBDIVISION-RELATED APPLICATIONS AND PERMITS
Concept Plan (if applicable)
+
R
 
 
R
X
 
Final Plat
+
R
 
 
R
X
 
Administrative Plat
+
X
 
 
 
 
 
Development Agreement
+
R
 
 
R
X
 
DEVELOPMENT-RELATED APPLICATIONS AND PERMITS
Letter of Regulatory Compliance
+
X
 
 
 
 
 
Cert. of Hist. Design Compliance
 
R
R
 
R
X
 
Temporary Use Permit
+
R
 
 
R
X
 
Special Use Permit
+
X
 
 
R
X
 
Building Permit
+
X
 
 
 
 
 
Certificate of Occupancy
+
X
 
 
 
 
 
On-Site Wastewater Permit
+
X
 
 
 
 
 
Sign Permit
+
R
 
X
 
 
 
Appeal of Admin. Decision
 
 
 
X
 
 
 
Administrative Exception
 
 
 
X
R
 
 
Variance
 
R
 
X
R
 
 
Table 3.1 Summary of Review Authority
Permit or Application
Within ETJ
Administrative Review
Historic Preservation Commission
Board of Adjustment
Planning & Zoning Commission
City Council
Blanco County
POLICY-RELATED APPLICATIONS AND PERMITS
Comprehensive Plan Amendment
+
R
 
 
R
X
 
UDC Text Amendment
+
R
 
 
R
X
 
Annexation
+
R
 
 
 
X
 
Zoning Map Amendment
 
R
R
 
R
X
 
Special Use Permit
 
R
R
 
R
X
 
Historic District Designation
 
R
R
 
R
X
 
Written Interpretation
+
X
 
 
 
 
 
SUBDIVISION-RELATED APPLICATIONS AND PERMITS
Concept Plan (if applicable)
+
R
 
 
R
X
 
Final Plat
+
R
 
 
R
X
 
Administrative Plat
+
X
 
 
 
 
 
Development Agreement
+
R
 
 
R
X
 
DEVELOPMENT-RELATED APPLICATIONS AND PERMITS
Letter of Regulatory Compliance
+
X
 
 
 
 
 
Cert. of Hist. Design Compliance
 
R
R
 
R
X
 
Temporary Use Permit
+
R
 
 
R
X
 
Special Use Permit
+
X
 
 
R
X
 
Building Permit
+
X
 
 
 
 
 
Certificate of Occupancy
+
X
 
 
 
 
 
On-Site Wastewater Permit
+
X
 
 
 
 
 
Sign Permit
+
R
 
X
 
 
 
Appeal of Admin. Decision
 
 
 
X
 
 
 
Administrative Exception
 
 
 
X
R
 
 
Variance
 
R
 
X
R
 
 
(5) 
Development Applications Requiring Multiple Approvals.
(a) 
Policy-related applications for permits required for a particular project may occur in any order but shall be sequenced so that when final actions occur, each approval provides any requisite requirement for a subsequent related approval.
(b) 
Subdivision applications may generally be considered concurrently.
i. 
The Certificate of Compliance review should occur before any Subdivision Application.
ii. 
No application for final plat review will be considered complete and accepted for submittal until final action on the Concept Plan (if applicable) has occurred.
iii. 
Approval of the final plat shall not be granted until written approval of associated construction plans and plans for dedication of land and community facilities has been given by the City Staff.
(c) 
Development applications may generally be considered concurrently.
i. 
No development or permit application may be considered if there is pending subdivision activity for the same tract of land, except for administrative determinations.
(d) 
Simultaneous Subdivision [Submittal] of Related Applications.
Submittal of different applications related to the same development may be made simultaneously, although the review and processing of applications must remain in sequence as described in Table 3.1 above and elsewhere in this Code.
i. 
Applications [Applicants] may file multiple applications for non-concurrent actions/approval, provided, however, that applications shall be reviewed and processed in the sequence required pursuant to this Code.
ii. 
After each application receives final action, the next consecutive application in the Code process will be reviewed for completeness pursuant to the appropriate process.
iii. 
Any application submitted simultaneously with other applications is subject to approval of all other related applications that are prerequisite(s) to consideration of another application in the development process.
iv. 
Denial or disapproval of any concurrently submitted application shall prevent consideration of any related applications unless and until the denied or disapproved application is resolved or approved.
v. 
An applicant may withdraw any individual application from a group of simultaneously submitted applications.
(Ordinance adopted 11/10/20)

§ 3.3 Review of Applications.

(1) 
Pre-Application Conference.
(a) 
Prior to submission of an application, a pre-application conference (a meeting between the potential applicant and City Staff) may be required. The conference is an opportunity for an applicant to describe the development that will be submitted and for the City Staff representative to explain the development process (i.e. which application is appropriate, which review body is responsible for final action, what the potential timelines for review may be, and what criteria will be used to determine whether the application may be approved). The pre-application conference can be held in person or via telephone.
(b) 
Completion of a pre-application conference does not imply or indicate subsequent City approval of the permit.
(c) 
The pre-applicant [pre-application] conference shall proceed as follows:
i. 
The applicant may request, or the City may require, a pre-application conference.
ii. 
Upon completion of the conference, the applicant must attest to whether or not the applicant is satisfied it has received adequate information to proceed with its application.
iii. 
Pre-application conferences may be combined when an applicant will be making simultaneous applications for the same project. Completion of a combined pre-application conference does not imply or indicate City approval of any requisite application.
(d) 
A pre-application conference is recommended for the following applications; provided, however, that one pre-application conference may suffice for a project involving multiple submittals of development applications.
i. 
Comprehensive Plan Amendment
ii. 
Code Text Amendment
iii. 
Zoning Map Amendment
iv. 
Special Use Permit
v. 
Historic District Designation
vi. 
Concept Plan
vii. 
Final Plat
viii. 
Administrative Plat
ix. 
Development Agreement
x. 
Variance
xi. 
Planned Development District (PDD)
(2) 
Application Forms and Fees.
The following regulations shall apply to all applications.
(a) 
Forms.
i. 
Applications required under this Code shall be submitted on forms with any requested information and attachments and in such numbers as required by the City.
ii. 
The City shall have the authority to request any pertinent information required to ensure compliance with this Code.
iii. 
The City must make any submission requirements and applicable fee requirements available to the applicant.
iv. 
The City may require that applications be prepared and submitted initially in paper and electronic format and finally in Mylar and digital formats acceptable to the City.
v. 
The City council may, from time to time, adopt by resolution specific forms and submission requirements. Such resolution shall be incorporated as an Appendix to this Code.
(b) 
Fees.
i. 
Application fees shall be established from time to time by ordinance of the City Council.
ii. 
An applicant who has paid the appropriate fee pursuant to submission of a subdivision or development application, but who chooses to withdraw such application prior to the formal written notification of completeness or incompleteness, shall be entitled to a refund of fifty percent (50%) of the total amount paid upon written request to the City. The applicant is responsible for payment of consultant fees incurred for reviewing the subdivision or development submission, even in the case of application withdrawal.
iii. 
The application fee required for all policies related applications are not refundable.
iv. 
Fee for certificate or mailing costs.
(3) 
Determination of Application Completeness.
(a) 
All applications shall be completed and submitted to the City in accordance with established procedures. An application shall not be considered as officially submitted or accepted for filing until it is determined to be complete as specified below.
(b) 
A determination of whether an application is complete will be made by the City Staff within fifteen (15) business days of submittal of the application. City Holidays will not be counted towards the fifteen (15) business days.
(c) 
The determination of completeness shall take into account the following:
i. 
Completeness status of required submission materials,
ii. 
Incomplete submission materials, and
iii. 
Any required prior action or approval by any City Approval Board, Commission, or Administrator.
(d) 
If the application is determined to be incomplete, the City shall notify the applicant in writing.
i. 
The notification shall list missing or incomplete items and provide a specific period of time (fifteen (15) business days) for the applicant to resubmit the outstanding material. The applicant may request an additional meeting for explanation of the missing or incomplete items.
ii. 
If the application is not resubmitted within the period specified by the City Staff, a new application and fee shall be required.
(e) 
Determination that an application is complete only assures that the documents and materials required to be submitted under this Code have been received. A determination of completeness does not preclude any negative final action by the City and does not include any implied determination that the application successfully meets any of the review criteria.
(4) 
Standard Review Period.
(a) 
The City is required to establish a standard time period for review and final action on all applications.
i. 
This review period will be used to determine the number of days for all time limits within this Code.
ii. 
If the City Staff fails to establish review periods for each procedure, the default review period will be ninety (90) days, unless state law imposes a shorter period, in which event the shorter period will prevail.
(b) 
All time requirements are guidelines, and do not require final action within a specified period of time. The following rules describe administration of time requirements.
i. 
If a final action has not been taken on an application [by] the appropriate City Staff, board, or commission at the end of the time requirement for that application:
1. 
There will be no penalty assessed to the applicant or final review authority,
2. 
Consideration of the application continues, and
3. 
The application becomes eligible for final action upon written request of the applicant.
ii. 
Ongoing consideration of an application beyond the standard review period allows a review body or the final action authority to work in good faith with the applicant to make changes, modifications, and corrections in order to continue consideration of an application that might otherwise be disapproved without the changes, modifications, or corrections.
iii. 
If the applicant elects to proceed without making any changes, modifications, or corrections to the application, the applicant may request final action.
1. 
Once consideration of an application has continued past the standard review period and is eligible for final action upon request of the applicant, the applicant may request in writing a final action decision from the final action authority.
2. 
An administrative final action authority must respond with written notification of setting the application for final action within ten (10) days.
(c) 
Exception to Standard Review Period.
i. 
The standard review period for any application may be extended one time for a period not to exceed thirty (30) days if a review body or final action authority requests additional studies or information concerning the application. Such an extension may not be granted after an applicant has requested final action.
ii. 
Standard review periods may be extended by the City when, in the opinion of the City, conditions beyond the City’s control exist that prevent the City or any final action authority from effectively reviewing and considering all applications in a timely manner.
1. 
Typical conditions may include an excessive number of applications received by the City during a certain period of time, inadequate staff time due to temporary limitations of personnel resources or lack of availability of a required professional staff member or consultant such as the City Engineer and City Attorney.
2. 
The City may initially declare that such conditions exist without approval of the City Council and must provide timely notice to all affected applicants.
3. 
The City will report the action requiring the extended review period to the Mayor or the Mayor’s designee.
4. 
In order to have the review period officially changed, the Mayor or the Mayor’s designee must determine the need for an extended review period in writing. The period must have a time limit not to exceed ninety (90) days.
5. 
If the Mayor or Mayor’s designee does not determine that an extended review is needed, then the authority of the City Staff to set aside standard review periods for this exception is no longer valid.
iii. 
During these periods, all applications being considered are subject to the extended review period.
1. 
No submittal of an application may be refused during the extended review period.
2. 
Review and processing of applications will continue during this extended review period, pursuant to the implementation of the extended review period.
iv. 
If the conditions causing the delay are not resolved, the process may be repeated. An applicant may request final action, as specified in Section 3.3(4)(b) above if the City has not taken final action on the application one hundred and twenty (120) days after the date the standard review period would have expired.
v. 
The delay of standard review periods may not be implemented as a moratorium.
(5) 
Written Decision after Final Action.
(a) 
Within ten (10) days after a final decision is made by the authority authorized to make the final determination under the requirements of this Code, a copy of the written decision will be sent to the applicant by certified mail, return receipt requested.
(b) 
The written decision will also state the final action findings, conclusions, and supporting reasons or facts whenever this Code requires such findings as a prerequisite to the final action.
(c) 
A copy of the notice will be filed at the office of the Blanco City Clerk, where it will be available for public inspection during regular office hours.
(6) 
Expiration of Permits and Approvals.
(a) 
Approvals and permits issued pursuant to this Code shall expire according to the following table unless the proposed development, project, or use for which the approval was given is considered to be in process, defined as follows:
i. 
A complete building permit application has been submitted; or,
ii. 
A certificate of occupancy has been issued, if no building permit is required.
(b) 
A lapse of a period equal to or greater than the period set forth in Table 3.2 shall cause the related approvals or permits to expire and be of no further force and effect.
i. 
Notification of the expiration of permits may be provided to the applicant as part of the notification of approval of the development-related permit.
ii. 
The City Staff may extend the expiration date of any permit one time for a period not to exceed one (1) year in length upon payment of a new fee.
iii. 
The extension period may not begin later than the original expiration date.
(c) 
Reinstatement of a lapsed approval shall require the applicant to pursue the same submittal and to obtain approval as an original application.
(d) 
Expiration of Certain Applications.
i. 
In case of projects where more than one building or phase is to be built, the applicant may submit a series of building permit applications.
1. 
The first application must be submitted within twelve (12) months from the date site plan approval is granted.
2. 
Each subsequent application must be submitted within twelve (12) months from the date of issuance of a certificate of occupancy for the previous building or phase.
ii. 
A Written Interpretation remains in effect indefinitely where no related development is proposed.
iii. 
Upon submission of a proposed development application related to Letters of Regulatory Compliance or Written Interpretation, the Letter of Regulatory Compliance or Written Interpretation shall expire according to Table 3.2 unless the proposed development is not pursued.
iv. 
Any Concept Plan, final plat, or administrative plat approved prior to the adoption of this Code that is dormant in accordance with the provisions of Texas Local Government Code Section 245.005 will expire upon adoption of this Unified Development Code by the City Council.
Table 3.2 Expiration of Inactive Permits or Approvals
Procedure
Expiration
Comprehensive Plan Amendment
No Expiration
UDC Text Amendment
No Expiration
Annexation
No Expiration
Zoning Map Amendment (Zoning or Rezoning)
No Expiration
Special Use Permit
12 Months
Historic District Designation
No Expiration
Written Interpretation
12 Months
Concept Plan
24 Months
Final Plat
12 Months
Administrative Plat
12 Months
Development Agreement
(as specified in Agreement)
Letter of Regulatory Compliance
12 Months
Certificate of Design Compliance
12 Months
Variance
12 Months
Temporary Use Permit
2 Months (or as specified in Permit)
Building Permit
12 Months
Certificate of Occupancy
No Expiration
Sign Permit
12 Months
Administrative Exception
12 Months
Appeal of Administrative Decision
12 Months
(7) 
Reapplication.
(a) 
If any development permit application or other application for approval, and petition for a plan amendment or any petition for an amendment to this Code is disapproved by the final action authority another application or petition for the same permit, approval, or amendment for the same property or any portion thereof may not be filed within a period of six (6) months from the date of final disapproval, except with written approval of the City Council.
(b) 
In the case of zoning change applications, another application may not be filed within a period of twelve (12) months from the date of final disapproval.
(c) 
A reapplication must demonstrate:
i. 
There is a substantial change in circumstances relevant to the issues and/or facts considered during the original review of the application that might reasonably affect the decision-making body’s review of the relevant standards to the development described in application; or
ii. 
New or additional information is available that was not available at the time of the original application that might reasonably affect the decision-making body’s review of the relevant standards to the proposed development; or
iii. 
A new application is proposed to be submitted that is materially different (e.g., proposes new uses or a substantial decrease in proposed densities and intensities) from the prior application; or
iv. 
The final decision on the application was based on a material mistake of fact.
(Ordinance adopted 11/10/20; Enacted by action of the city council on 3/8/22)

§ 3.4 Public Hearing and Notice.

(1) 
Required Public Hearing.
Public hearings shall be required for applications in accordance with Table 3.3.
Table 3.3 Summary of Required Public Hearing
Type of Application
Historic Preservation Committee
Board of Adjustment
Planning & Zoning Comm.
City Council
Comprehensive Plan Amendment
 
 
X
X
UDC Amendment
 
 
X
X
Annexation
 
 
 
X
Zoning Map Amendment
 
 
X
X
Special Use Permit
 
 
X
X
Variance
 
X
X
 
Historic District Designation
X
 
X
X
Development Agreement
 
 
X
X
Certificate of Design Compliance
X
 
X
X
Appeal of Administrative Decision
 
X
 
 
Appeal of Denial of Sign Permit
 
X
 
 
X - Public Hearing Required
(2) 
Summary of Notice Required.
Notice shall be required for a public hearing on an application as shown in Table 3.4.
(a) 
Published Notice.
The City Staff shall publish public notice at least once in a local newspaper of general circulation within the City at least fifteen (15) days in advance of the meeting or hearing. The notice will contain the time and place of such public meeting or hearing and description of the agenda items that may be considered or reviewed.
(b) 
Mailed Notice.
A Notice of Public Hearing shall be sent by the City Staff through U.S. mail to owners of record of real property within two hundred (200) feet of the parcel under consideration and within the City Limits of Blanco determined by the most recent tax rolls from the Blanco County Central Appraisal District. The notice must be mailed at least eleven (11) days prior to the date set for the public hearing.
(c) 
Posted Notice.
The applicant shall be responsible for posting notice along rights-of-way frontage of the subject property in a format approved by the City Staff not less eleven (11) days prior to the scheduled public hearing.
(d) 
Internet Notice.
Any notice shall also be posted on the City’s website at least fifteen (15) days prior to a public hearing.
Table 3.4 Summary of Notice Requirements
Procedure
Published
Mailed
Posted
Internet
Comprehensive Plan Amendment
X
 
 
X
UDC Text Amendment
X
 
 
X
Annexation (must follow procedural requirements under Texas Local Government Code, Ch. 43)
X
X
X
X
Zoning Map Amendment (Zoning or Rezoning)
X
X
X
X
Special Use Permit
X
X
X
X
Historic District Designation
X
X
X
X
Development Agreement
X
X
X
X
Certificate of Design Compliance
 
 
X
X
Variance
X
X
X
X
Appeal of Administrative Decision
X
 
 
X
Appeal of Denial of Sign Permit
 
 
X
X
X-Notice Required
(3) 
Conduct of Public Hearing.
(a) 
All public hearings shall follow the procedures set forth by the City of Blanco. (See Section 3.4(2)(a) above and Texas Local Government Code Sections 211.006 and 211.007)
(b) 
Modifications of the application during a public hearing may be made if assurances can be given by the applicant that the changes will be made. The City Council or other review authority holding the public hearing may approve or recommend action on the application subject to the suggested changes being incorporated into the application.
(4) 
Decision(s) of the Planning and Zoning Commission shall be delivered by the chairperson of the Planning and Zoning Commission or their delegate to the City Secretary for consideration so that said decision may be included in the next city council’s agenda.
(Ordinance adopted 11/10/20)

§ 3.5 Policy-Related Applications.

This section provides specific approval criteria for policy-related applications:
(1) 
Comprehensive Plan Amendment.
(a) 
Applicability.
The City of Blanco Comprehensive Plan 2005 (the “Comprehensive Plan”) reflects Blanco’s long-term plan for growth and development. The City Council may, from time to time, on its own motion or on petition, amend, supplement, change, modify, or repeal the regulations, restrictions, and boundaries contained in the Comprehensive Plan.
(b) 
Review Process.
i. 
Initiation of a City Council Review of a Comprehensive Plan Amendment may be made upon:
1. 
Recommendation of the City Council;
2. 
Recommendation of the Planning and Zoning Commission; or
3. 
Recommendation of the City Staff.
ii. 
Staff Review.
1. 
Once a procedure has been initiated, the City Staff will review the application, considering any applicable criteria for approval and prepare a report to the Planning and Zoning Commission and City Council.
2. 
The City Staff may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes.
3. 
The City Staff’s report may include a recommendation for final action.
iii. 
Planning and Zoning Commission Review.
The Planning and Zoning Commission will hold a public hearing, in accordance with its rules and state law, and make a recommendation to the City Council.
iv. 
City Council Final Action.
The City Council will hold a public hearing, in accordance with its rules and state law, and may take final action on the proposed amendment.
(c) 
Criteria for Approval.
In determining whether to approve, with modifications, or disapprove a proposed amendment, the City Council shall consider the following matters regarding the proposed amendment:
i. 
The proposed amendment promotes the health, safety, or general welfare of the City and the safe, orderly, and healthful development of the City.
ii. 
The proposed amendment is consistent with other goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the specific provisions of the Unified Development Code. Any potential conflicts of proposed amendments with the UDC or Comprehensive Plan shall be considered and resolved prior to the review and adoption of any amendment.
iii. 
The City Council may consider other criteria it deems relevant and important in taking final action on the amendment.
(d) 
Responsibility for Final Action.
The Planning and Zoning Commission shall make recommendations regarding Comprehensive Plan amendments and shall forward their recommendation to the City Council. The City Council is responsible for final action on Comprehensive Plan Amendments.
(2) 
Unified Development Code Text Amendment.
(a) 
Applicability.
Amendments to this Code may be made from time to time in order to establish and maintain sound, stable, and desirable development within the jurisdiction of the City or to correct errors in the text or to account for changing conditions in a particular area or in the City.
(b) 
Review Process.
i. 
Initiation of a City Council Review of a UDC Amendment may be made in accordance with Section 1.10, Annual Updates or Amendments and upon:
1. 
Recommendation of the City Council;
2. 
Recommendation of the Planning and Zoning Commission; or
3. 
Recommendation of the City Staff.
ii. 
Staff Review.
1. 
Once a procedure has been initiated, the City Staff will review the application, considering any applicable criteria for approval and prepare a report to the Planning and Zoning Commission and City Council.
2. 
The City Staff may establish procedures for administrative review necessary to ensure compliance with the Code and State statutes.
3. 
The City Staff’s report may include a recommendation for final action.
iii. 
Planning and Zoning Commission Review.
The Planning and Zoning Commission will hold a public hearing, in accordance with its rules and state law, and make a recommendation to the City Council.
iv. 
City Council Final Action.
The City Council will hold a public hearing, in accordance with its rules and state law, and may take final action on the proposed amendment.
(c) 
Criteria for Approval.
In determining whether to approve, approve with modifications, or disapprove a proposed amendment, the City Council shall consider the following matters regarding the proposed amendment:
i. 
The proposed amendment promotes the health, safety, or general welfare of the City and the safe, orderly, and healthful development of the City.
ii. 
The proposed amendment is consistent with the Future Land Use element and with other goals and objectives of the Comprehensive Plan.
iii. 
The proposed amendment is consistent with specific provisions of this Code. Any potential conflicts of proposed amendments with the UDC shall be considered and dealt with prior to the review and adoption of any amendment.
(d) 
Responsibility for Final Action.
The Planning and Zoning Commission shall make recommendations regarding UDC amendments and shall forward their recommendation to the City Council. The City Council is responsible for final action on UDC Amendments.
(3) 
Zoning Map Amendment (Rezoning).
(a) 
Applicability.
i. 
For the purpose of establishing and maintaining sound, stable and desirable development within the corporate limits of the City, the Official Zoning Map may be amended based upon changed or to rezone an area, or to extend the boundary of an existing zoning district.
ii. 
Zoning changes must be made by Zoning Map Amendment.
(b) 
Review Process.
i. 
Initiation of a Zoning Change may be made upon:
1. 
Recommendation of the City Council;
2. 
Recommendation of the Planning and Zoning Commission;
3. 
Application by the property owner of the affected property or its authorized agent.
ii. 
Application.
1. 
Upon submission of an application, the City Staff will determine whether the application is complete, as described in Section 3.3(3).
2. 
Information regarding the format requirements and materials required for the application will be made available by the City Staff in advance of any application.
3. 
Application on behalf of a property owner must be made in a format consistent with requirements established by the City Staff Applications [sic] and must include all materials determined necessary by the City Staff.
4. 
Applications prepared by the City Staff on behalf of the City Council or Planning and Zoning Commission shall be considered complete. The City Staff is responsible for ensuring that a complete application is prepared for changes initiated by the City Council or Planning and Zoning Commission such that all material necessary for the City Council to render an informed decision is provided.
iii. 
Staff Review.
1. 
Once a procedure has been initiated and the application deemed complete, the City Staff will review the application, considering any applicable criteria for approval, and prepare a report to the Planning and Zoning Commission and the City Council.
2. 
The City Staff may establish procedures for administrative review necessary to ensure compliance with this Code and state law.
3. 
The City Staff’s report to the Planning and Zoning Commission and City Council may include a recommendation for final action.
iv. 
Historic Preservation Commission Review.
The Historic Preservation Commission will review and make a recommendation to the Planning and Zoning Commission and City Council regarding any zoning changes within a Historic District.
v. 
Planning and Zoning Commission Review.
The Planning and Zoning Commission will hold a public hearing, in accordance with its rules and state law, and make a recommendation to the City Council.
vi. 
City Council Final Action.
The City Council will hold a public hearing, in accordance with its rules and state law, and take final action on the application, according to the following rules:
1. 
The rezoning or initial zoning of annexed territory will become effective by a simple majority vote of the City Council.
2. 
If a proposed rezoning of a tract of land has been protested in writing by the owners of at least twenty percent (20%) of the area within two hundred feet (200') of the tract (who are also residents inside the City Limits), the rezoning will become effective by a supermajority: three-fourths (3/4) vote of the City Council.
3. 
A three-fourths (3/4) vote of the City Council is required to overrule a recommendation by the Planning and Zoning Commission that a regulation or boundary be denied.
(c) 
Criteria for Approval.
Zoning changes may be approved when the following standards are met:
i. 
The application is complete, and the information contained within the application is sufficient and correct enough to allow adequate review and final action;
ii. 
The zoning change is consistent with the Future Land Use element of the Comprehensive Plan, which may be amended according to the procedure in the Section;
iii. 
The zoning change promotes the health, safety, or general welfare of the City and the safe, orderly, and healthful development of the City;
iv. 
The zoning change is compatible with and conforms with uses of nearby property and the character of the neighborhood;
v. 
The property affected by the zoning change is suitable for uses permitted by the proposed amendment to the zoning map;
vi. 
Infrastructure, including roadway adequacy, sewer, water and storm water facilities, is or is committed to be available that is generally suitable and adequate for the proposed use; and
vii. 
Newly annexed areas shall have a base zoning of Agriculture. A property owner may submit a zoning application for a different base zoning district to run concurrently with the annexation process.
(d) 
Responsibility for Final Action.
The Planning and Zoning Commission shall make recommendations regarding Zoning Map amendments and shall forward their recommendation to the City Council. The City Council is responsible for final action on Zoning Map Amendments.
(4) 
Special Use Permit.
(a) 
Applicability.
i. 
Special use permits allow for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this Code.
ii. 
Such uses may locate in districts as indicated in Table 4.2 and under special conditions described in a special use permit recommended by the Planning and Zoning Commission and approved by the City Council.
iii. 
No such use shall commence without prior approval of a Special Use Permit.
(b) 
Review Process.
i. 
Initiation.
Initiation of a Special Use Permit may be made upon petition by the property owner.
ii. 
Application.
A binding site plan for the Special Use Permit must be submitted for review by the City Council in order to approve issuance of a Special Use Permit. The Site Plan must be reviewed by the City Staff for compliance with this Code.
iii. 
Staff Review.
Once a procedure has been initiated and the application deemed complete, the City Staff will review the application, considering any applicable criteria for approval and prepare a report to the Planning and Zoning Commission and the City Council.
iv. 
City Council Final Action.
The City Council will hold a public hearing, in accordance with its rules and state law, and take final action on the application.
(c) 
Criteria for Approval.
i. 
In addition to the criteria for zoning changes found in this Section, the City Council will review the Special Use Permit application based on the potential use’s impact on:
1. 
The health, safety and welfare of the surrounding neighborhood;
2. 
Public infrastructure such as roads, parking facilities and water and sewer systems;
3. 
Public services such as police and fire protection and solid waste collection; and
4. 
The ability of existing infrastructure and services to adequately provide services.
5. 
Compatibility with existing or permitted uses on abutting sites or within the area of the proposed use, and the relationship between the proposed use and the following:
1. 
Buffers
2. 
Driveways
3. 
Parking Areas
ii. 
The City Council may approve an application for a Special Use Permit where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public.
iii. 
Additional Criteria for Short-term Rentals.
1. 
The property affected by the request is within a R1, R2, R3, or R5 zoning district.
2. 
The property affected by the application, if granted, will not substantially impact, affect, or impair the underlying character or usage within the zoned district in which the property is located.
3. 
The application if granted will have no adverse effect on any property within one thousand (1,000) feet of the affected property.
4. 
The proposed property occupancy relative to the size of the property.
5. 
The applicants' consent and agreement to operate in accordance with the other requirements for short-term rentals set forth in the City's Code of Ordinances.
6. 
The application if granted will not result in permitting more than 10% of the dwelling units in a city block, neighborhood or similar geographic area as STRs; provided, owner-occupied properties are not subject to this limitation but shall be used in calculation of the percentage; provided, this provision is a guideline and may be exceeded if the applicant demonstrates that the proposed use substantially protects the character and integrity of the surrounding block, neighborhood or similar geographic area.
(d) 
Responsibility for Final Action.
The City Council is responsible for final action on applications for Special Use Permits.
(5) 
Historic District Designation.
(a) 
Applicability.
Application of a Historic District Designation shall have the effect of applying historic preservation restrictions to the area, parcel, or landmark district.
i. 
An historic overlay may also specify additional criteria or development standards that apply to the specific historic overlay.
ii. 
Any area, parcel, or landmark may be designated as historic if it meets the Historic District criteria.
(b) 
Review Process.
i. 
Initiation.
Initiation of a Historic District Designation may be made upon
1. 
Recommendation of the City Council,
2. 
Recommendation of the Historic Preservation Commission, or
3. 
Petition by the property owner.
ii. 
Interim Control during Historic District Consideration.
1. 
No building permit may be issued by the City for alteration, construction, demolition, or removal of any property or structure within an area proposed for designation to the historic district. The designation is not deemed complete until a final decision is made by the City Council.
2. 
Alterations, removal, or demolition shall be authorized by formal action of the City Staff as necessary for preservation of the public health, welfare, or safety as provided for in this Code.
3. 
In no event will the delay to issuance of the building permit exceed one hundred and twenty (120) days, unless a moratorium is then in effect.
iii. 
Staff Review.
Once a procedure has been initiated and the application deemed complete, the City Staff will review the application, considering any applicable criteria for approval and prepare a report to the City Council.
iv. 
Historic Preservation Commission Review.
1. 
The Historic Preservation Commission will hold a public hearing, in accordance with its rules and state law, and make a recommendation on the. application.
2. 
In recommending the application of an historic overlay designation to an area of the City, the Historic Preservation Commission (HPC) shall recommend express findings to the Planning and Zoning Commission and City Council regarding the specific structures, landscapes, or other physical aspects of the district on which it bases the determination required by the above criteria.
v. 
City Council Final Action.
The City Council will hold a public hearing, in accordance with its rules and state law, and take final action on the application.
(c) 
Criteria for Approval.
In addition to the approval criteria for zoning changes in this Section, the City Council will consider the following in determining whether the Historic District Designation should be applied to a structure, site, or area of the City:
i. 
Character, interest, and/or value of the structure, site and/or area because of its unique role in the development, heritage, or cultural characteristics of the City of Blanco, State of Texas, nation, or other society.
ii. 
Occurrence of a notable historical event at the structure or site of area.
iii. 
Identification or relationship of a structure, site, or area with a person or persons who contributed notably to the culture and development of the City, State, nation, or other society.
iv. 
Multiple buildings in a structure or site under consideration of distinctive elements of architectural design, detail, material, or craftsmanship related to uniqueness to area or the related distinctiveness of craftsmen, master builder or architect, or a style.
v. 
Archaeological value in the sense that the structure, site, or area has produced or can be expected to yield, based on physical evidence, information affecting knowledge of history or prehistory of the area.
vi. 
Other unique historical value.
(d) 
Responsibility for Final Action.
i. 
The Historical Preservation Commission shall make recommendations regarding Historic District Designation and shall forward their recommendation to the Planning and Zoning Commission.
ii. 
The Planning and Zoning Commission shall make and forward a recommendation to the City Council.
iii. 
The City Council is responsible for final action on Historic District Designation.
(6) 
Written Interpretation of the Unified Development Code.
(a) 
Applicability.
i. 
The City Staff shall have the authority to make all written interpretations of this Code.
ii. 
Whenever there appears to be an uncertainty, vagueness, or conflict in the terms of the Code, the Mayor or designee, in consultation with the City Engineer or City Attorney as may be appropriate, shall make every effort to interpret the Code in such a way that it fulfills the goals of the Unified Development Code.
iii. 
The interpretation given by the Administrator shall be final unless an appeal is made by the applicant to the Board of Adjustment to overturn the decision. In such a case, the burden shall be on the applicant to prove that the Administrator’s interpretation is unreasonable and in clear conflict with the governing law and the goals of the Comprehensive Plan.
(b) 
Review Process.
i. 
The City Staff will determine, based on analysis of the requested interpretation and considering this Code, the correct interpretation for whatever question is raised.
ii. 
Submission requirements for written interpretations will be developed by the City Staff.
iii. 
The City Staff will first determine that the application does not request a written interpretation that is already clear in this Code or that the application could more appropriately be decided through another procedure in this Code. If this is the case, the City Staff shall reject the applicant’s proposed written interpretation and refer the applicant to the appropriate section of the Code. This reference will serve as the written interpretation.
(c) 
Criteria for Approval.
In making a written interpretation, the City Staff may consider, but is not limited to the following:
i. 
Any previous written interpretations.
ii. 
Best practices in the planning and land development professions.
iii. 
Current practices of the City of Blanco.
iv. 
Any other relevant source.
(d) 
Responsibility for Final Action.
The City Staff is responsible for final action regarding Written Interpretation of this Code. The applicant may appeal this decision to the Board of Adjustment within ten (10) days of a final decision.
(Ordinance adopted 11/10/20; Ordinance 2022-O-005 adopted 7/12/2022)

§ 3.6 Subdivision-Related Applications.

This section applies to subdivision-related applications within the City of Blanco and within the City’s ETJ:
(1) 
General Requirements for Approval of Plats.
(a) 
No land may be subdivided or platted through the use of any legal description other than with reference to a plan approved by the City Council or the City Staff in accordance with these regulations.
i. 
It is an offense to offer and cause to be filed any plan, plat, or replat of land within the City limits or ETJ of Blanco of record with the County Clerk unless the plan, plat, or replat bears the endorsement and approval of the City Staff.
ii. 
The platting or subdivision of any lot or any parcel of land, by the use of GPS using the Texas State Plane Coordinate System as a substitute for metes and bounds for the purpose of sale, transfer, lease, or development is prohibited.
iii. 
The Texas State Plan [Plane] Coordinate System may be used as supporting documentation only and the datum source must be referenced.
iv. 
All plats submitted for review and approval shall include a title report, which shall include, at minimum, a description of current ownership; existing liens, restrictions and easements; and the effective date of such report.
(b) 
No person shall transfer, lease, sell, or receive any part of a parcel before an administrative plat or final plat of such parcel and the remaining parcel has been approved by the City Council in accordance with the provisions of these regulations in this Code and filed of record with the County Clerk of Blanco County.
i. 
No land described in this Section, except for property exempt from platting under state law, shall be platted or sold, leased, transferred, or developed until the property owner has obtained approval of the applicable Concept Plan, final plat, or development agreement from the City Council or the City Staff as required by these regulations.
ii. 
No building permit or certificate of occupancy may be issued for any parcel or tract of land until such property has received final plat or development agreement approval and is in conformity with the provisions of this Code, the plat has been recorded, and public improvements have been accepted by the City (if applicable).
iii. 
No private improvements will take place or be commenced except in conformity with these regulations in this Code.
(c) 
Prior to the subdivision, re-subdivision, or development of any land within the City, or its extraterritorial jurisdiction, all plans, plats, and construction plans for infrastructure improvements must first be approved in accordance with regulations specified below except for:
i. 
Construction of additions or alterations to an existing building where no drainage, street, utility extension or improvement, additional parking, or street access change required to meet the standards of this Code are necessary to support such building addition or alterations.
ii. 
Divisions of land created by order of a court of competent jurisdiction.
iii. 
A change in ownership of a property through inheritance or the probate of an estate.
iv. 
Cemeteries in compliance with all state and local laws and regulations.
(2) 
Concept Plan.
(a) 
Applicability.
i. 
A Concept Plan is intended to provide the City Council with a plan of the proposed subdivision for review by the City Council and City Staff for initial approval to form the basis for final plats.
ii. 
A Concept Plan is required for:
1. 
All land being divided into separate parcels,
2. 
All plats with six (6) or more lots, and
3. 
All plats that require dedication of land to the City.
iii. 
All subsequent phases of development must be in accordance with the approved Concept Plan and any modifications required by the City Council.
iv. 
Approved Concept Plans may be revised and resubmitted for review in the same manner with the same documentation as a new Concept Plan. Revised Concept Plans will not be binding unless approved by City Council. If disapproved by the City Council, the original Concept Plan will control.
(b) 
Review Process.
i. 
Requirements for Concept Plan applications shall be established by the City Staff and will include basic engineering information necessary for the Planning and Zoning Commission to render an informed recommendation and for the City Council to render an informed decision.
ii. 
Once a procedure has been initiated and the application deemed complete, the City Staff will review the application, considering any applicable criteria for approval, and prepare a report to the Planning and Zoning Commission and the City Council.
(c) 
Criteria for Approval.
A Concept Plan may be approved when the standards for subdivisions and plats of land found in Section 3.6(1) is met.
(d) 
Responsibility for Final Action.
i. 
The Planning and Zoning Commission shall make recommendations regarding Concept Plan approvals and shall forward their recommendation to the City Council. The City Council is responsible for final action on Concept Plan approval and may, by simple majority vote:
1. 
Approve the Concept Plan,
2. 
Approve the Concept Plan contingent on modifications to the Plan, or
3. 
Reject the plan as not conforming to the requirements herein.
(e) 
Action Following Approval.
i. 
If the City Council approves the Concept Plan, the Subdivider may submit a Final plat for the first phase of development and supporting documentation as provided for herein. The Final plat shall reflect any modifications required by the City Council in approving the Concept Plan.
ii. 
If the City Council rejects the Concept Plan, the Subdivider may resubmit the Concept Plan to City Staff with the appropriate fees and other required documentation for consideration by the Planning and Zoning Commission and the City Council.
(3) 
Final Plat (including replats and development plats).
(a) 
Applicability.
i. 
Final plat review is required to ensure that a final recorded plat includes final engineering diagrams and descriptions that conform to the Concept Plan as approved by the City Council. The final plat must incorporate all changes from the Concept Plan that were considered and approved by the City Council.
ii. 
Replats and Development Plats shall follow the same process as a Final Plat.
(b) 
Final Plat Application Requirements.
i. 
Submission requirements for the final plat will be developed by the City Staff and will include detailed engineering information necessary for the Planning and Zoning Commission to render an informed recommendation and for the City Council to render an informed decision.
ii. 
When filed, the final plat must also provide all support documentation required by the County Clerk’s office for recordation.
iii. 
Estimates for posting fiscal surety for landscaping requirements, maintenance, erosion and sedimentation control, roads, and utilities are also required for final plat review. Fiscal security format shall be in form approved by City Staff and the City Attorney.
(c) 
Approval Criteria.
Subdivisions and plats of land shall be reviewed using the criteria in this Code and any technical criteria referenced by this Code.
i. 
A final plat must be determined to be consistent with a previously approved Concept Plan.
ii. 
A construction plan for any required or agreed improvements must be approved by the City Staff or designee as required in this Code.
(d) 
Responsibility for Final Action.
The Planning and Zoning Commission shall make recommendations regarding Final Plat approval and shall forward their recommendation to the City Council. The City Council is responsible for final action on Final Plat approval.
(e) 
Recordation.
If the City Council has approved the plat, the City Staff or his designee has approved the construction plans, and the subdivider has either posted fiscal surety and assurance of construction or completed the required infrastructure and public improvements, the final plat becomes the instrument to be recorded in the Office of the County Clerk when all requirements have been met. The subdivider shall pay the record filing fee and the City shall file the final plat with the County Clerk. The City shall provide a copy of the filed final plat to the subdivider within ten (10) days of recordation.
(4) 
Administrative Plat Review.
(a) 
Applicability.
i. 
Minor plats or amending plats may be approved by the City Staff following an evaluation for plan compliance and technical compliance with this Code.
ii. 
Any plat that requires a waiver from Subdivision Design and Improvement Standards, any utility dedication, or any dedication of land must be reviewed as a Concept Plan by the Planning and Zoning Commission.
iii. 
Minor Plat: A plat for five or fewer lots and that does not require any dedication of land to the City of Blanco.
iv. 
Amending Plat: A plat that complies with Texas Local Government Code Section 212.016, as amended, which is generally submitted to correct errors and omissions when agreed to by all adjacent property owner[s].
(b) 
Review Process.
Submission requirements for the Administrative Plat will be developed by City Staff and will include any engineering information necessary for the City Staff to render an informed decision. The City Staff will review the application, considering any applicable criteria for approval.
(c) 
Criteria for Approval.
An Administrative Plat may be approved when the standard for subdivisions and plats of land found in Section 3.6(1) is met.
(d) 
Responsibility for Final Action.
i. 
The City Staff is responsible for final action on Administrative Plat Reviews.
ii. 
If the City Staff determines the Administrative Plat does not meet the approval criteria, the applicant may request that the application be forwarded to the Planning and Zoning Commission for its review and recommendation to City Council, which will take final action.
(e) 
Action Following Plat Approval.
After approval of an administrative plat, the subdivider shall notify the City Engineer within ten (10) days which of the following construction procedure(s) the subdivider proposes to follow:
i. 
The subdivider may proceed with construction of streets, alleys, sidewalks, and utilities that the subdivider is required to install.
1. 
The City will inspect the work as [it] progresses.
2. 
Upon completion and final acceptance by the City and upon written request by the subdivider, the final plat may be approved and filed of record with the County Clerk; or
ii. 
The Subdivider may elect to post fiscal surety and assurance of construction as provided in Chapter 8.
1. 
The surety of assurance shall be filed with the City, together with a request that the plat be filed for record. The final plat will be approved and filed with the County Clerk. The subdivider shall pay the record filing fee.
2. 
The City Engineer’s signature on the construction documents provides the requisite authority for the subdivider to proceed with the construction of streets and utilities.
3. 
The City will inspect the construction work as it progresses and will make the final inspection to assure compliance with City requirements.
4. 
Upon completion of construction, the subdivider shall deliver to the City a Maintenance Bond for two (2) years from acceptance of improvements as a guarantee of workmanship and materials as provided in Chapter 8.
(f) 
Recordation.
After the City Staff has approved the plat, the City Engineer has approved the Construction Plan, and the subdivider has either posted fiscal surety and assurance of construction as provided in Chapter 8 or completed provision of infrastructure and public improvements, the final plat shall be recorded in the Office of the County Clerk. The subdivider will pay the record filing fee.
(Ordinance adopted 11/10/20; Ordinance 2022-O-013 adopted 12/13/2022)

§ 3.7 Development Related Applications.

This section applies to development-related applications within the City of Blanco and with [within] the City’s ETJ:
(1) 
Zoning Verification Letter.
(a) 
A Zoning Verification Letter may be issued by the City Staff to indicate to a property owner that a specified use, clearly identified in the application, is permitted within the zoning district.
(b) 
A Zoning Verification Letter does not vest the property owner with permission to proceed with a development, does not specify requirements that must be met for future development, and does not include a determination that a tract of land may be developed.
(c) 
The City Staff may include additional information about the uses and standards required for a development to proceed; however, any such additional information does not constitute permission to proceed with development.
i. 
Legal Lot Verification Letter.
A Legal Lot Verification Letter may be issued by the City to indicate that a lot has been properly platted in accordance with Section 212.0115 of the Texas Local Government Code.
ii. 
Responsibility for Final Action.
The City Staff is responsible for final action on Letters of Regulatory Compliance.
(2) 
Certificate of Historic Design Compliance.
(a) 
Applicability.
i. 
A Certificate of Historic Design Compliance from the City Staff is required before the commencement of development within or work upon any building or structure located within the historic Overlay District:
1. 
Such work includes the erection, movement, demolition, reconstruction, restoration, or alteration of the exterior of any structure or site, except when such work satisfies all the requirements of ordinary maintenance and repair as defined in Appendix B Glossary [Section 1.13].
2. 
No building permit shall be issued by the City for any structure or site located within a Historic Overlay District or other applicable Overlay District until the application for such permit has been reviewed by the HPC and a Certificate of Historic Design Compliance has been approved by the City Staff.
ii. 
Certificate of Design Compliance for Demolition.
No building or structure within any Historic or other applicable Overlay District shall be demolished or removed unless such demolition is reviewed by the HPC and approved by the City Staff and a Certificate of Historic Design Compliance for such demolition has been granted.
(b) 
Review Process.
Submission requirements for the Certificate of Design Compliance will be developed by the City Staff and will include any information necessary to render an informed decision. The City Staff will review the application, considering any applicable criteria for approval, and prepare a report to the Planning and Zoning Commission and the City Council.
(c) 
Criteria for Approval–General.
The Historic Preservation Commission shall determine whether to recommend the issuance of a Certificate of Design Compliance based on the criteria set forth for Historic District Designation and the following criteria:
i. 
The development complies with any design standards of this Code.
ii. 
The development complies with any adopted Design Guidelines specific to the applicable or Overlay District.
iii. 
The integrity of an individual historic structure is preserved.
iv. 
New buildings or additions are designed to be compatible with surrounding historic properties.
v. 
The overall character of the Historic or applicable Overlay District is protected.
vi. 
Signs that are out of keeping with the character of the site or landmarks within the Historic or applicable Overlay District in question will not be permitted.
vii. 
The value of the Historic or applicable Overlay District as an area of unique interest and character will not be impaired.
viii. 
The following may also be considered by the Historic Preservation Commission when determining whether to recommend issuance of a certificate for design compliance:
1. 
The effect of the proposed change upon the general historic, cultural, and architectural nature of the site, landmark, or district.
2. 
The appropriateness of exterior features, including parking and loading spaces, that can be seen from a public street, alley or walkway.
3. 
The exterior features of the building or structure and the relation of such factors to similar features of buildings or structures in the district, contrast or other relation of such factors to other landmarks built at or during the same period, as well as the uniqueness of such features, considering the remaining examples of architectural, historical and cultural values.
(d) 
Supplemental Demolition Criteria.
In determining whether to recommend issuance of a certificate of design compliance for demolition, the Historic Preservation Commission, and, on appeal, a court of competent jurisdiction, shall consider the following criteria, in addition to the criteria specified above:
i. 
The uniqueness of the structure as a representative type of style of architecture, historic association, or other element of the original designation criteria applicable to such structure or tract.
ii. 
The condition of the structure from the standpoint of structural integrity and the extent of work necessary to stabilize the structure.
iii. 
The economically viable alternatives available [to] the demolition applicant, including:
1. 
Donation of a part of the value of the subject structure or it to a public or nonprofit agency, including the conveyance of development rights and façade easement.
2. 
Possibility of the sale or relocation of the structure or sale of the site, or any part thereof, to prospective purchaser capable of preserving such structure or site.
iv. 
The potential of such structure or site for renovation and its potential for continuing use.
v. 
The potential of the subject structure of site for rezoning in an effort to render such property more compatible with the physical potential of the structure. The ability of the subject structure or site to produce a reasonable economic return on investment for its owner may also be considered, provided, however, that it is specifically intended that this factor shall not have exclusive control and effect but shall be considered along with all other criteria contained in this section.
(e) 
Responsibility for Final Action.
The Historic Preservation Commission is responsible for recommending to the City Staff an issuance of a Certificate of Historic Design Compliance, and the City Staff is then responsible for its issuance, based on the criteria specified in this Section.
(3) 
Building Permit.
(a) 
Applicability.
i. 
The Building Permit application and review process ensures that the plans for construction comply with the City of Blanco land use and construction standards and includes a site plan showing lot boundaries, set back lines, and improvements to include dimensions, locations of improvements on lot, etc.
ii. 
A Building Permit application and review process ensures the plans for construction comply with the City of Blanco land use and construction standards and includes a site plan showing lot boundaries, set back lines, and improvements on lot, etc.
(b) 
Review Process.
i. 
A request for review of a Building Permit application may be submitted after all subdivision applications have been accomplished and prior to the commencement of work on a development.
ii. 
The City Staff or Consultant will review the application, considering any applicable criteria for approval.
(c) 
Criteria for Approval.
A Building Permit application may be approved if the development proposal includes:
i. 
Appropriate zoning,
ii. 
Legally subdivided lots,
iii. 
Provision of utility and transportation infrastructure, and
iv. 
Sound construction plans in compliance with building, plumbing, electrical, fire, health, mechanical, and energy Codes.
(d) 
Responsibility for Final Approval.
The City Staff or designated Consultant is responsible for final approval for a Certificate of Occupancy.
(4) 
Certificate of Occupancy.
(a) 
Applicability.
i. 
A Certificate of Occupancy shall be required prior to the use or occupancy of any building or structure.
ii. 
No change in the existing occupancy classification of a building or structure or portion thereof shall be made without reissuing the Certificate of Occupancy.
(b) 
Review Process.
i. 
A request for review of a Certificate of Occupancy application may be submitted upon completion of construction of the building or structure, including all required improvements.
ii. 
The Building Official or Official’s designee will conduct an inspection and the City Staff will review the application, considering any applicable criteria for approval.
(c) 
Criteria for Approval.
All required electrical, gas, mechanical, plumbing, and fire protection systems must be inspected for compliance with the technical Codes and other applicable laws and ordinances and released by the Building Official.
(d) 
Responsibility for Final Approval.
The City Staff is responsible for final approval for a Certificate of Occupancy.
(5) 
Temporary Use Permit.
(a) 
Applicability.
Temporary uses, as identified in Section 3.7, are required to obtain a temporary use permit from the City Staff. The permit specifies the use, the period of time for which it is approved, and any special condition attached to the approval.
(b) 
Review Process.
Submission requirements for the Temporary Use Permit will be developed by the City Staff and will include any information necessary to render an informed decision. The City Staff will review the application, considering any applicable criteria for approval.
(c) 
Criteria for Approval.
In addition to the general criteria for consideration of administrative procedures, the City Staff shall consider whether the application complies with the following standards:
i. 
The temporary use must be compatible with the purpose and intent of this Code and the zoning district in where it will be located.
ii. 
The temporary use shall not impair the normal, safe, and effective operation of a permanent use on the same site.
iii. 
The temporary use shall not endanger or be materially detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the nature of the activity, its location on the site, and its relationship to parking and access points.
iv. 
The temporary use shall not cause undue traffic congestion or safety concerns, as determined by the City Engineer, given anticipated attendance and the design of adjacent streets, intersections and traffic controls.
v. 
Adequate off-street parking shall be provided for the temporary use, and it shall not create a parking shortage for any of the other existing uses on or near the site.
vi. 
Adequate on-site restroom facilities and solid waste containers may be required.
vii. 
The temporary use shall not cause any temporary or permanent nuisance. The temporary use shall be compatible in intensity, appearance, and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment, or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.
viii. 
The City Staff shall consider any other conditions that may arise as a result of the temporary use.
(d) 
Compliance with Other Regulations.
i. 
A Building Permit or temporary certificate of occupancy may be required before any structure to be used in conjunction with the temporary use is constructed or modified.
ii. 
All structures and the site as a whole shall meet all applicable building Code, zoning district, and fire Code standards.
iii. 
Upon cessation of the event or use, the site shall be returned to its previous condition (including the removal of all structures, trash, debris, and signage, attention attracting devices, or other evidence of the special event or use).
1. 
The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed within reasonable and appropriate time frame at no expense to the City.
2. 
The guarantee shall be in a form and substance approved by the City Staff, which may include the requirement of a fiscal posting.
iv. 
The City Staff shall review all signage in conjunction with the issuance of the permit.
v. 
The City Staff may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening/buffering, and guarantees for site restoration and cleanup following the temporary use.
(e) 
Duration.
The duration of the temporary use shall be consistent with the intent of the use and compatible with the surrounding land uses. The duration shall be established by the City Staff at the time of approval of the temporary use permit. A temporary use shall not be longer than ninety (90) days.
(f) 
Responsibility for Final Action.
The City Staff is responsible for final action on Temporary Use Permits.
(6) 
Administrative Exception.
(a) 
Applicability.
i. 
In order to provide a method by which human error (e.g., miscalculations) may be corrected, administrative exceptions or adjustment may be permitted.
ii. 
Special exceptions are specified deviations from otherwise applicable development standards where development is proposed that would be:
1. 
Compatible with surrounding land uses,
2. 
Harmonious with the public interest, and
3. 
Consistent with the purposes of this Code.
iii. 
The City Staff shall have the authority to authorize an adjustment of up to ten percent (10%) of any numerical standard.
iv. 
Administrative exceptions require compliance with all other elements of this Code not specifically excused or permitted by the administrative exception.
(b) 
Review Process.
i. 
Upon written receipt of an application requesting an administrative exception or Adjustment, the City Staff may consider an administrative exception or adjustment.
ii. 
Submission requirements for administrative exceptions will be developed by the City Staff but applications must include:
1. 
A description of the need for an administrative exception, and
2. 
An affidavit from the owners or authorized agents of any property abutting the area subject to the administrative exception attesting to the applicant’s exception.
(c) 
Approval Criteria.
To approve an application for an administrative exception, the City Staff must determine that the following criteria are met:
i. 
That granting the administrative exception serves an obvious and necessary purpose.
ii. 
That granting the administrative exception will ensure an equal or better level of land use compatibility than the otherwise applicable standards.
iii. 
That granting the administrative exception will not materially or adversely affect adjacent land uses or the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks, or other land use considerations.
iv. 
That granting the administrative exception will be generally consistent with the purposes and intent of this Code.
(d) 
Responsibility for Final Action.
The City Secretary is responsible for final action on Administrative Exceptions.
(7) 
Appeal of an Administrative Decision.
(a) 
Applicability.
i. 
An applicant may appeal an adverse decision by an administrative official in accordance with this section to the Board of Adjustment (BOA).
ii. 
An applicant may only appeal the specific reasons given for the administrative disapproval or denial.
iii. 
An applicant may not appeal the disapproval or denial without effectively establishing that the specific basis for the administrative disapproval or denial was incorrect through material evidence not originally presented to the City, or by establishing a material and distinct fact-finding error.
(b) 
Effect of Appeal.
All development activities permitted by the action being appealed, or any subsequent approval, must stop upon appeal, and remain inactive until the appeal is resolved.
(c) 
Alternative Dispute Resolution.
i. 
Prior to hearing or deciding an appeal of an administrative decision, the Chairperson of the Board of Adjustment (BOA) may request the applicant and administrative official(s) agree to mediation or other alternative form of resolution of the dispute prior to a public hearing.
ii. 
If the applicant refuses to accept alternative resolution of the dispute, the appeal will be heard and acted upon by the BOA no later than its next meeting.
iii. 
If the applicant and administrative official(s) cannot agree on a format or mediator for the appeal within thirty (30) days, the Chairperson of the BOA may assign a mediator.
iv. 
The mediator will coordinate the mediation or other alternative form of resolution with the parties, including the date, time, and place of meetings.
v. 
The mediator may invite any person, organization, or governmental unit with relevant information to participate in the mediation. The parties may suggest person, organizations, or governmental units that should be requested to participate.
vi. 
Both parties will equally share any costs associated with the alternative dispute resolution process, unless they agree otherwise in writing.
vii. 
If no alternative resolution of the dispute can be agreed to by both parties, or if a party is not participating in good faith, the mediator may declare an impasse. The appeal will then be heard and decided at the next BOA meeting.
viii. 
The Board of Adjustment (and/or City Council) must approve in a public hearing any alternative resolution of the appeal that involves a minimal change in development standards of this Code and consistent with all legal requirements.
(d) 
Approval Criteria.
i. 
The Board of Adjustment shall consider whether the City Staff’s official action was appropriate considering the facts of the case and the requirements contained in this Code.
ii. 
The Board will make its decision based on this Code and the information presented to the BOA by the applicant and the City Staff or other administrative official.
iii. 
Burden of Proof in Appeals.
1. 
When an appeal is taken to the Board of Adjustment, the City Staff’s or other administrative official’s action is presumed to be valid.
2. 
The applicant shall present sufficient evidence and have the burden to justify a reversal of the action being appealed. The City Staff may present evidence and argument to the contrary.
3. 
All findings and conclusions necessary to the permit or appeal decision (crucial findings) shall be based upon reliable evidence.
4. 
Competent evidence will be preferred whenever reasonably available, but in no case may crucial findings be based solely upon incompetent evidence, unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed.
(e) 
Responsibility for Final Action.
The Board of Adjustment is responsible for final action.
(8) 
Sign Permit.
(a) 
Applicability.
A Sign Permit shall be required prior to erection or alteration of any sign within the City of Blanco as required in Article 26.02 [Article 9.03] of the City of Blanco Code of Ordinances: Signs. (Ordinance 2001-392) (See also City of Blanco ordinance 365 [Article 9.03, Division 10 of the Code of Ordinances]).
(b) 
Review Process.
A request of review of a Sign Permit application may be submitted for an existing or proposed development. The City Staff will review the application, considering any applicable criteria for approval.
(c) 
Criteria for Approval.
A Sign Permit may be approved if the application complies with all location, size, and construction requirements found in Article 26.02 [Article 9.03] of the City of Blanco Code of Ordinances: Signs. (Ordinance 2011-392) (See also City of Blanco ordinance 365 [Article 9.03, Division 10 of the Code of Ordinances]).
(d) 
Responsibility for Final Approval.
The City Staff is responsible for final approval for a Sign Permit.
(9) 
On-Site Wastewater Permit.
(a) 
Applicability.
On-site Wastewater permits shall be required from Blanco County for any development that applies for a development permit to use a septic tank or similar type of on-site wastewater system.
(b) 
Approval Criteria.
Blanco County has established their own criteria for review and approval for an on-site wastewater permit application. Consult Blanco County Environmental Health Department for further information.
(c) 
Responsibility for Final Action.
Blanco County is responsible for final action for on-site wastewater permits.
(Ordinance adopted 11/10/20)

§ 3.8 Development Agreement.

(1) 
Development Agreement Ordinance:
This article shall be commonly cited as the Development Agreement Ordinance.
(2) 
Purpose:
This Section establishes the process and standards by which the city may negotiate, formulate, consider, and adopt development agreements.
(3) 
Scope:
This Section applies to all property within the city limits and the extraterritorial jurisdiction (ETJ).
(4) 
Objectives:
Development agreements executed by the city pursuant to this article may:
(a) 
Guarantee the continuation of the extraterritorial status of the land and its immunity from annexation by the city for a period not to exceed fifteen (15) years;
(b) 
Extend the city’s planning authority over the land by providing for a development plan to be prepared by the landowner and approved by the municipality under which certain general uses and development of the land are authorized;
(c) 
Authorize enforcement by the City of certain municipal land use and development regulations (e.g., zoning and building codes) in the same manner the regulations are enforced within the municipality’s boundaries;
(d) 
Authorize enforcement by the City of land use and development regulations other than those that apply within the municipality’s boundaries, as may be agreed to by the landowner and the municipality;
(e) 
Provide for infrastructure for the land, including:
i. 
Streets and roads;
ii. 
Street and road drainage;
iii. 
Land drainage; and
iv. 
Water, wastewater, and other utility systems;
(f) 
Authorize enforcement of environmental regulations;
(g) 
Provide for the annexation of the land as a whole or in parts and provide for the terms of annexation, if annexation is agreed to by the parties;
(h) 
Specify the uses and development of the land before and after annexation, if annexation is agreed to by the parties; or
(i) 
Include other lawful terms and considerations the parties consider appropriate.
(5) 
Requirements for agreements:
An agreement must:
(a) 
Be in writing;
(b) 
Contain an adequate legal description of the land;
(c) 
Be publicly considered by the P&Z;
(d) 
Be subject to a public hearing;
(e) 
Be approved by the City Council and the landowner; and
(f) 
Be recorded in the real property records of the county.
(6) 
Extensions:
The parties to an agreement may renew or extend it for successive periods not to exceed fifteen (15) years each. The total duration of the original agreement and any successive renewals or extensions may not exceed forty-five (45) years.
(7) 
Binding nature of agreement:
The agreement shall be binding on the City and the landowner and on their respective successors and assigns for the term of the agreement.
(8) 
Payment of City’s expenses:
The City may require the applicant to reimburse the City, or place a sum in escrow, for payment of all of the City’s expenses related to preparation of the agreement, including administrative costs and professional services fees.
(9) 
Notice of hearing:
(a) 
The applicant must provide written notification of the first public hearing or public meeting of the P&Z at which the proposed agreement will be considered.
(b) 
General notice must be published in the form of an announcement in the City’s official newspaper. Notice must be given not more than thirty (30) nor less than fifteen (15) days prior to the hearing/meeting.
(c) 
Personal notice must be provided to each property owner within three hundred feet (300') of the periphery of the land subject to the agreement. Notice must be given not more than thirty (30) nor less than fifteen (15) days prior to the hearing/meeting. When delivering notice by mail, three (3) days shall be added to the prescribed time period. Property owners shall be those identified by the most recently approved property tax records of the county. Personal notice may be served by:
i. 
Hand delivery;
ii. 
Registered or certified U.S. mail;
iii. 
Overnight mail; or
iv. 
Such other manner reasonably calculated to provide notice as approved in advance by the City Administrator.
(10) 
Approval by City:
(a) 
Following a public hearing, the P&Z shall consider the agreement and make a recommendation to the City Council prior to final action by the City Council.
(b) 
The City Council may take final action on the agreement only after receiving a recommendation from the P&Z. For purposes of this article, the minutes of a P&Z meeting may constitute a report.
(c) 
Factors to be considered by the City in approving an agreement include, but shall not be limited to:
i. 
Public benefits;
ii. 
Adequate environmental protection;
iii. 
Burden on the City’s infrastructure;
iv. 
Consistency with the City’s comprehensive plan;
v. 
Conformance of the agreement with the intent and purposes of City regulations; and
vi. 
Fiscal impact of the agreement and resulting development on the City.
(11) 
The City’s approval of an agreement shall take the form of an ordinance approved by the City Council directing the Mayor to execute the agreement on behalf of the City.
(12) 
The City Secretary shall be instructed to publish the agreement in and among the official records of the City.
(13) 
The applicant shall be instructed to file the agreement or a memorandum of the agreement in and among the official records of the County.
(14) 
Enforcement:
(a) 
An agreement must provide specific enforcement mechanisms to ensure compliance.
(b) 
Among other remedies, the City may withhold development approvals in accordance with an agreement in order to ensure compliance.
(c) 
Among other remedies, the City is authorized to issue stop work orders to halt construction in violation of an agreement.
(Ordinance adopted 11/10/20)