Blanco City Zoning Code
CHAPTER 4
Zoning Districts and Use Regulations
§ 4.1 Purpose and Intent.
The purpose of this Chapter is to establish zoning districts within the City Limits of Blanco, allowable uses within each district, and procedures for special uses within each district.
(Ordinance adopted 11/10/20)
§ 4.2 Official Zoning Map Use.
(1)
Creation of Official Zoning Map.
The City is divided into zoning districts, shown on the Official Zoning Map and described in Sections 4.3, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this Code. The Official Zoning Map shall be identified by the signature of the Mayor, attested to by the City Secretary and bear the Seal of the City of Blanco under the following words:
“This is to certify that this is the Official Zoning Map referred to in Section 3.5 of the Unified Development Code, Ordinance 2011-392 of the City of Blanco, Texas.”
(2)
Interpreting Zoning District Boundaries.
The City Staff shall provide clarification when uncertainty exists as to the current boundaries of districts as shown on the Official Zoning Map.
(3)
Change to the Official Zoning Map.
(a)
If, in accordance with the provisions of this Code and Section 211.006 of the Texas Local Government Code, as amended, changes are made in the district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be effective immediately and shall be entered on the Official Zoning Map, within fifteen (15) business days after the amendment has been approved by the City Council and signed by the Mayor.
(b)
Approved zoning changes shall be entered on the Official Zoning Map by the City Staff or a designated representative and each change shall be identified on the Map with the date and number of the Ordinance making the change.
(c)
No change of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with procedures set forth in this Code.
(e)
Newly annexed territory shall be added to the Official Zoning Map and zoned as follows:
i.
If a landowner petitions the City for annexation, then the landowner will request the desired zoning for the parcel(s) of land being considered.
ii.
Newly annexed territory that is part of a lot already annexed or within City Limits will be zoned directly to the zoning designation of the portion of the lot already within the City.
iii.
All new undeveloped territory hereinafter annexed to the City shall have the Agriculture (AG) zoning district classification.
1.
No special action or hearing will be required for zoning upon annexation into the Agriculture (AG) district.
2.
Rezoning of such territory may begin upon completion of annexation of the area. Public hearing for rezoning may only be after annexation is complete, yet the City reserves the right to change this procedure, while staying within guidelines set forth by the State.
(Ordinance adopted 11/10/20; Enacted by action of the city council on 3/8/22)
§ 4.3 Zoning Districts.
Portions of the City of Blanco, as specified on the Official Zoning Map on the City, are hereby divided into the following zoning districts. The following Zoning Districts reflect the recommended future land use are as currently included in the Blanco Comprehensive Plan. Refer to Table 4.2 for allowable uses within each District and Table 5.1 for Lot Standards per District:
Table 4.1 Zoning Districts Established | |||
|---|---|---|---|
District Type | Name | Symbol | Purpose |
Residential | Low Density Residential | R1 | The Low-Density Residential District (R1) is intended to include land subdivided for residential purposes and associated uses. The lots are generally large and may or may not be served by city infrastructure. This district is intended to retain a rural character while having the potential for urban growth and increased density. These lots are typically farthest from the city center. |
Medium Density Residential | R2 | The Medium Density Residential District (R2) is intended to include land subdivided for residential purposes and associated uses. The mid-sized lots allow for denser development and are generally served by public infrastructure. Medium Density Residential lots provide further options for housing and neighborhood development in the City of Blanco. | |
High Density Residential | R3 | The High-Density Residential District (R3) is intended to provide the densest residential development that is appropriate for Blanco. The smaller lots are intended to encourage a variety of housing options including affordable housing and duplex development under certain conditions and are typically nearest the city center. | |
Multi-Family Residential | R4 | The Multifamily Residential District (R4) is a residential district that includes land subdivided for multifamily residential purposes and associated uses. The district is intended to allow occupation of smaller and more financially accessible dwelling units than the other residential districts. It is the only residential district that permits more than two dwelling units per lot. | |
Residential - Transition | R5 | The High Density Residential - Transition (R5) incorporates the characteristics of the High Density Residential (R3) zone and is intended to serve as a transition, or buffer, zone between residential and non-residential zones, particularly Commercial (C1) zones. In addition to residential uses, it provides for light commercial uses either in a mix with residential uses on the adjacent properties or in a mix on the same property. It is intended to provide for a mix of uses which are compatible with, and proportionate to, each other and surrounding uses. | |
Manufactured Housing | MH | The Manufactured Housing District (MH) is a residential district intended to allow manufactured housing. The district permits site-built homes in addition to serving as the only residential district allowing manufactured housing. | |
R-Existing | R | Any property within the City of Blanco that was not already zoned at the time of the November 7, 2006 UDC update was automatically zoned to the Existing-R Zoning District. As of the date of the 2019 UDC update, this is no longer considered an active Zoning District. | |
Nonresidential Districts | Commercial | C1 | The commercial District (C1) is intended to provide areas for offices, retail activities, commercial services, and other commercial activities in the City of Blanco. |
Industrial | I1 | The Industrial District (I1) is intended to provide an area for light industry, warehousing, and manufacturing activities. The district provides the opportunity for such activities while requiring efforts to minimize nuisance-like activities such as noise, smoke, or heavy traffic volumes. | |
Government/Utility/Institutional | GUI | Government/Utility/Institutional (GUI) District is intended to provide for the siting of government buildings of the State, County, City, or Federal governments. It is also intended to provide classification for public utility installations, EMS stations, fire stations, health care facilities, schools and churches, without regard to public or private ownership. This zoning classification may, with City Council approval, be applied to properties situated anywhere within the city limits. | |
Mixed Use Development | MX (MX is existing but no longer active, see R5) | The Mixed-Use Development District (MX) is intended to encourage a mixture of uses that are compatible with a proportionate to each other and the surrounding uses. This includes a horizontal or vertical mix of residential and nonresidential uses or a mix of nonresidential uses located on the same property. | |
Park | PR | The Park District (PR) designates land that is dedicated to open space and recreation. Property in the district should be developed for these purposes rather than remaining vacant. The Park may be held by the City of Blanco, Blanco County, or the State of Texas, or by a private individual or entity. | |
Special Districts | Agricultural | AG | The Agriculture District (AG) includes lands within the corporate limits of the City that are not subdivided and relatively undeveloped. This is also the initial Zoning Classification applied to an annexed tract that is newly annexed by the City. The Agriculture District is intended to retain a rural character and reserve areas where future growth is anticipated to occur. Agriculture uses are encouraged to be continued when at all possible. |
Historic District | HD | The Historic District (HD) is comprised of the City’s Historic Downtown District as defined in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register. | |
Planned Development District | PDD | A zoning district which may be created anywhere in the city for the purpose of permitting property to be developed with a) one or more uses not otherwise permitted or conditional in the zoning district in which the property is located, subject to certain development regulations and one or more development site plans; b) subject to development regulations not otherwise permitted in the zoning district in which the property is located; and c) to provide flexibility for complex projects utilizing creative land use and preservation techniques. | |
(Ordinance adopted 11/10/20; Enacted by action of the city council on 3/8/22)
§ 4.4 Permitted Uses.
Generally. This division identifies the land uses that may be allowed within each of the specified zoning districts established in 4.3, Zoning Districts Established, and sets out supplemental use regulations. Uses shall not be permitted, and buildings and structures associated with such use shall not be erected, structurally altered, or enlarged on a property, unless said use is permitted within the zoning district applicable to the property located within the City Limits of Blanco, and in accordance to the provisions of these regulations.
(1)
A “Permitted Use” is permitted by right in a district and is subject to all other applicable regulations of this Code.
(2)
A “Special Use” is allowed only if approved by a special use permit issued by the City Council in accordance with the procedures of Section 3.5(5) [3.5(4)]. Special uses are subject to all other applicable regulations of this Code.
(3)
To determine how an unlisted use should be treated the City Staff shall produce an administrative policy for addressing unlisted uses. This will be consistent with all other provisions of this Code, either allowing for administrative decisions by the City Staff or requiring legislative action by the City Council, or a combination of both the above, depending on the circumstance.
Table 4.2 Uses by Zoning Districts | |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Agriculture Uses by Zoning District | |||||||||||||
P = Permitted | S = Special Use Permit | – = Prohibited | |||||||||||
Land Use | Zoning Districts | ||||||||||||
Residential | Nonresidential | Special District | |||||||||||
R1 | R2 | R3 | R4 | R5 | MH | R | C1 | I1 | GUI | PR | HD | AG | |
Animal Raising or Production | – | – | – | – | – | – | – | – | S | – | – | – | P |
Commercial Stables | – | – | – | – | – | – | – | – | S | – | – | – | P |
Crop Production and Sales | – | – | – | – | – | – | – | – | S | – | – | – | P |
Table 4.2 Uses by Zoning Districts | |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Agriculture Uses by Zoning District | |||||||||||||
P = Permitted | S = Special Use Permit | – = Prohibited | |||||||||||
Land Use | Zoning Districts | ||||||||||||
Residential | Nonresidential | Special District | |||||||||||
R1 | R2 | R3 | R4 | R5 | MH | R | C1 | I1 | GUI | PR | HD | AG | |
Animal Raising or Production | – | – | – | – | – | – | – | – | S | – | – | – | P |
Commercial Stables | – | – | – | – | – | – | – | – | S | – | – | – | P |
Crop Production and Sales | – | – | – | – | – | – | – | – | S | – | – | – | P |
Table 4.2 Uses by Zoning Districts | |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Agriculture Uses by Zoning District | |||||||||||||
P = Permitted | S = Special Use Permit | – = Prohibited | |||||||||||
Land Use | Zoning Districts | ||||||||||||
Residential | Nonresidential | Special District | |||||||||||
R1 | R2 | R3 | R4 | R5 | MH | R | C1 | I1 | GUI | PR | HD | AG | |
Animal Raising or Production | – | – | – | – | – | – | – | – | S | – | – | – | P |
Commercial Stables | – | – | – | – | – | – | – | – | S | – | – | – | P |
Crop Production and Sales | – | – | – | – | – | – | – | – | S | – | – | – | P |
Table 4.2 Uses by Zoning Districts | |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Agriculture Uses by Zoning District | |||||||||||||
P = Permitted | S = Special Use Permit | – = Prohibited | |||||||||||
Land Use | Zoning Districts | ||||||||||||
Residential | Nonresidential | Special District | |||||||||||
R1 | R2 | R3 | R4 | R5 | MH | R | C1 | I1 | GUI | PR | HD | AG | |
Animal Raising or Production | – | – | – | – | – | – | – | – | S | – | – | – | P |
Commercial Stables | – | – | – | – | – | – | – | – | S | – | – | – | P |
Crop Production and Sales | – | – | – | – | – | – | – | – | S | – | – | – | P |
Table 4.2 Uses by Zoning Districts | |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Agriculture Uses by Zoning District | |||||||||||||
P = Permitted | S = Special Use Permit | – = Prohibited | |||||||||||
Land Use | Zoning Districts | ||||||||||||
Residential | Nonresidential | Special District | |||||||||||
R1 | R2 | R3 | R4 | R5 | MH | R | C1 | I1 | GUI | PR | HD | AG | |
Animal Raising or Production | – | – | – | – | – | – | – | – | S | – | – | – | P |
Commercial Stables | – | – | – | – | – | – | – | – | S | – | – | – | P |
Crop Production and Sales | – | – | – | – | – | – | – | – | S | – | – | – | P |
(Ordinance adopted 11/10/20; Ordinance 2022-O-012 adopted 12/13/2022)
§ 4.6 Supplemental Use Regulations.
Special Uses Criteria and Development Standards |
B.
Civic Use Standards
(1)
Cemetery.
(a)
New cemeteries shall be accessed from an arterial or collector level street, be setback from any residentially used or zoned property by 100 feet and enclosed by a wall or fence.
(2)
Child Care Facility, Day Care.
(a)
The parcel proposed for development shall take access from an arterial or collector street. Access to the site shall be designed in a manner to facilitate safe and expedient pick-up and drop-off circulation without otherwise interfering with the parking lot. Outdoor activities shall be setback from any residentially used or zoned property by 100 feet and enclosed by a wall or fence.
(b)
The owner/operator shall maintain all certification and licensing requirements by the state.
(c)
Off-street parking and loading: Day care centers shall provide two off-street parking spaces plus on [one] off-street parking space for every five hundred (500) square feet of the facility. Loading zones must be off-street, drive-through and paved to a minimum width of ten (10) feet and a maximum width of twenty (20) feet. Loading zones shall have a holding capacity of one vehicle per five hundred (500) square feet of the facility, exclusive of parking spaces, provided that no facility shall be required to have a loading zone with a capacity in excess of six (6) spaces for eighteen (18) foot long vehicles.
(4)
Correctional Facility.
(5)
Education.
(a)
Parking shall be accommodated on site. Access to the site shall be designed to facilitate safe and expedient pick-up and drop-off circulation without otherwise interfering with the parking lot.
(b)
Access to secondary schools shall be located on a collector or arterial level roadway.
(c)
Outdoor activities shall be setback from any residentially used or zoned property by 25 feet and enclosed by a wall or fence.
(d)
Queuing of vehicles shall comply with off-street stacking requirements.
(e)
An elementary school established in a residential district shall have a front yard setback of not less than fifty (50) feet.
(f)
All other schools established in the residential districts shall have a front yard setback of no less than seventy-five (75) feet.
(6)
Assisted Living Housing.
(8)
Park.
(a)
Any structure constructed in connection with such uses shall be set back at least thirty (30) feet from any property adjacent to a residentially used or zoned property.
(9)
Religious Assembly.
(a)
Every religious assembly shall be set back at least thirty-five (35) feet from all property lines in residential districts provided, however, that any wall which is unbroken by doors, windows, or other openings shall be setback an additional fifteen (15) feet from the setback.
(b)
A religious assembly located in or adjacent to any residential district shall have its principal vehicular entrance and exit either on an arterial street or on a collector street as a site located within two hundred fifty (250) feet of this intersection with an arterial street.
(10)
Social Service Institution.
(a)
There are no specific restrictions applicable to the Special Use Permit requirements.
(11)
Transportation Facilities.
(a)
An airport shall be separated from all residential districts and schools by a minimum of one thousand five hundred (1,500) feet.
(b)
A heliport shall only be utilized as an accessory use to hospitals or government facilities.
(c)
Bus terminals will be separated from all residential districts and schools by a minimum of one thousand five hundred feet (1,500'). Rail stops will be negotiated with the City Staff and forwarded to the City Council for approval.
(d)
There are no specific restrictions applicable to the Special Use Permit requirements.
(12)
Utilities, Major.
(a)
A major or minor utility facility is permitted in accordance with Table 4.2 and subject to the following standards:
i.
Such uses must be accompanied by an eight foot (8') high masonry fence (or alternate material approved in writing by the City Staff) with landscaping in compliance with Section 5.11.
ii.
The facility must be secured so as not to pose a threat to the health or safety of human life.
iii.
There are no specific restrictions applicable to the Special Use Permit requirements.
C.
Commercial Use Standards
(1)
Bar or Nightclub.
(a)
Outdoor seating areas, if present, and parking shall be set back at least 100 feet and physically separated from any residentially used or zoned property and screened by a wall or fence.
(b)
No amplified sound is allowed between the hours of 11 p.m. and 12 p.m. the following day.
(c)
Outdoor live music cannot be performed in the public right-of-way (sidewalks) in the Historic District.
(d)
The nearest property line of a bar or tavern shall be located no less than seven hundred fifty (750) feet from the nearest property line of any existing place of worship, public or private school, or residential district, or no less than minimum distance prescribed by TABC, whichever is less.
(2)
Brewery/Distillery/Winery.
(a)
Outdoor seating areas, if present, and parking shall be set back at least 100 feet and physically separated from any residentially used or zoned property and screened by a wall or fence.
(b)
Facilities more than 40,000 gross square feet shall provide truck loading areas located to the rear of the building with direct access to an arterial or collector level street.
(c)
Facilities must provide a customer component, which may include a retail storefront, tasting room, or a food or beverage servicing area.
(3)
Business/Trade School.
(a)
There are no specific restrictions applicable to the Special Use Permit requirements.
(4)
Campground.
(a)
There are no specific restrictions applicable to the Special Use Permit requirements.
(7)
Data Center.
(a)
There are no specific restrictions applicable to the Special Use Permit requirements.
(8)
Event Facility.
(a)
Event facilities with an occupancy greater than 75 shall take access from a collector level street or higher classification level street.
(b)
Event facilities with an occupancy greater than 300 shall be located a minimum of 500 feet from a residentially zoned or used property.
(c)
Outdoor seating and live entertainment shall not be allowed within 100 feet of a residentially zoned or used property.
(9)
Farmers Market.
(a)
There are no specific restrictions applicable to the Special Use Permit requirements.
(10)
Food and Drink Establishment.
(a)
In the C-1 zoning district, restaurants with a drive-thru are only permitted by Special Use Permit.
(b)
Outdoor seating areas, if present, shall be set back at least 100 feet and physically separated from any residentially zoned or used property and screened by a wall or fence.
(c)
Outdoor live music is allowed in accordance with state law at 85 decimals, between the hours of 11 AM and 10 PM Friday and Saturday and between the hours of 11 AM and 6 PM Sunday through Thursday.
(d)
Eating establishments permitted in the C-1 District or R5 District shall not exceed 12,000 square feet of gross floor area.
(e)
The hours of operation may be 24 hours, deliveries limited to 6 a.m. to 12 p.m.
(f)
Eating establishments permitted in the I-1 district shall not exceed 16,000 square feet of gross floor area.
(11)
Fuel Sales.
(a)
No more than four multi-fuel dispensers (eight fuel positions) shall be permitted except where one of the following conditions are met:
i.
The property is located on a corner of a major arterial and a major collector or higher-level roadway;
ii.
The proposed fuel sales establishment is an accessory use to a commercial development such as a grocery store or retail center with a gross floor area of 50,000 square feet or more; or
iii.
The property is adjacent to SH 281.
(b)
When one of the conditions outlined is met, in no case shall a fuel sales establishment be permitted more than 10 multi-fuel dispensers or 20 fuel positions.
(c)
No more than four multi-fuel dispensers (eight fuel positions) shall be located within 100 feet of a residentially zoned or used property.
(d)
A wall or fence is required at the property line of residentially zoned property.
(e)
A Special Use Permit is required for fuel sales establishments proposing more than ten multi-fuel dispensers (20 fuel positions).
(f)
No signs shall be located on any canopy over the pumps.
(g)
No open storage of any type, including the overnight storage of vehicles, shall occur in conjunction with the operation.
(13)
Hotel/Lodging.
(a)
There are no specific restrictions applicable to the Special Use Permit requirements.
(15)
Landscaping Supply Sales/Garden Center.
(16)
Medical Office.
(a)
Limited to a maximum of 8,000 square feet of gross floor area in the R5 district.
(18)
Vehicle Sales and Rentals.
(a)
All outdoor storage and displays shall be shown on the site plan and screened from public right-of-way and residentially used and zoned property.
(b)
A wall or fence is required along the property boundary where adjacent to residentially used or zoned property.
(c)
Fixed lighting shall be arranged to prevent direct glare of beams onto any adjacent public or private property or street and shall be compliant with the City’s Outdoor Lighting Ordinance.
(d)
Repairs shall be performed only within the principal building on the premises, unless it can be shown that a separate building containing parts or accessories can achieve the intended aesthetic purpose of this section.
(e)
Outdoor display of rental vehicles shall be set back a minimum of fifty (50) feet from all lot lines abutting residentially zoned or developed property.
(19)
Vehicle Services.
(a)
All vehicle and outdoor storage areas shall be screened and located to the side and/or rear of the principal building.
(b)
All repair of [or] service work requiring six (6) or more consecutive hours (i.e. major repair) shall take place either within an enclosed structure or behind a suitable screening device.
(20)
Veterinary Clinic, Indoor and Outdoor Pens.
(a)
All outdoor pens shall be setback behind the principal structure and not visible from the public right-of-way.
(b)
If the parcel is adjacent to a residentially zoned or used property, pens shall be setback from the property line by 100 feet.
(c)
A wall or fence shall be provided along the rear and side property boundaries if outdoor pens are shown on the approved site plan.
D.
Industrial Uses
(2)
Lumber Yard.
(a)
All outdoor storage areas shall be shown on the Site Plan and setback a minimum of 200 feet from any residentially zoned or used property.
(b)
A wall or fence shall be required on the rear and side property lines.
(c)
All outdoor storage shall be screened from the public right-of-way, set back behind the principle structure, or screened with landscaping and/or fencing.
(3)
Scrap and Salvage Yard.
(a)
The parcel proposed for development shall be located no closer than 500 feet from any residentially used or zoned property and take access from an arterial or collector level street. All outdoor storage areas used for scrap and salvage storage shall be completely screened by a wall or fence at least eight feet in height and a 15' landscape buffer.
(b)
Wrecked cars, junk, salvage, scrap, or other materials shall not be visible from adjacent properties or public right-of-way above the required wall or fence.
(4)
Storage, Self.
(a)
Unit doors shall not be visible from public rights-of-way nor residentially zoned or used property.
(b)
No outdoor storage shall be allowed.
(c)
The use will be conducted entirely within an enclosed building.
(d)
The used shall not contain an interior electrical outlet.
(e)
Self-storage units shall be used solely for the purpose of storage and shall not be used for conducting or operating a business.
(f)
Where adjacent to an arterial level street, the principal structure shall be setback from the public right-of-way 150 feet.
(g)
No direct glare from any illumination on lathe [the] site shall be visible from lots in any adjacent residential zoning district.
(5)
Storage Yard.
(a)
Outdoor storage shall be completely screened from view from the public right-of-way and residentially zoned or used properties.
(b)
Where adjacent to a major arterial street, the principal structure shall be setback 150 feet.
(c)
An eight-foot wall or fence and 10-foot landscape buffer shall be located along all parcel boundaries to screen from adjacent properties and public right-of-way.
(6)
Waste Related Services.
(a)
The facility shall be set back at least 200 feet from residentially zoned or used property.
(b)
Any outdoor recycling storage (bins) or activities shall be visually screened from adjacent roadways, residentially zoned or used properties, and any other nonindustrial uses by an eight-foot perimeter fence constructed of brick, stone, or similar masonry product.
(c)
All solid, liquid, or sanitary waste collected shall be stored and all manufacturing or production of goods or energy from solid, liquid, or sanitary waste or recycled materials shall be conducted in an enclosed building.
E.
Residential Uses
(1)
Accessory Dwelling Unit.
(a)
There are no specific restrictions applicable to the Special Use Permit requirements.
(2)
Apartment.
(a)
If multiple apartment complexes are located on parcels adjacent to one another, cross access shall be provided to the adjacent parcels.
(b)
Limited to 24 units per dwelling acre.
(c)
Apartments developed within a High Density Residential Transition District (R-5) shall have a minimum lot area of three thousand (3,000) square feet per living unit.
(d)
A minimum of three amenities shall be provided for the overall development.
(3)
Bed and Breakfast.
(a)
Bed and Breakfast establishments in any residential district shall be subject to the following additional standards:
i.
A maximum of four guest rooms shall be provided in any one bed and breakfast establishment.
ii.
No exterior evidence of the Bed and Breakfast shall be allowed, except for one attached sign which meets the requirements of the City’s Sign Ordinance. No additional outdoor advertising of any kind is allowed on site.
iii.
All parking areas on property (except driveways) shall be located behind any building lines and must be screened from the view of adjacent residences to a height of six (6) feet by a solid screening fence, or dense shrubs and vegetation. Additional parking requirements may apply.
iv.
No food preparation, except beverages, is allowed within individual guest rooms.
v.
Preparation and service of food for guests shall conform to all applicable regulations of the State of Texas, Blanco County, and the City of Blanco.
vi.
Parking standards for Bed and Breakfasts in Agricultural or Low-Density Residential areas may provide an alternative parking plan as approved by City Staff.
(4)
Duplex.
(a)
All units shall have separate entrances and driveways, driveway apron can be shared between units as long each unit has adequate off-street parking of at least 2 vehicles and adequate utility infrastructure.
(b)
There are no specific restrictions applicable to the Special Use Permit requirements.
(5)
Group Home.
(a)
A group home, as defined and regulated by State agency, is permitted in accordance with this Code provided that the home is the only permitted use on a legally platted single lot.
(6)
Industrialized housing.
(a)
All single-family detached or duplex industrial housing units shall be required to have similar exterior siding, roofing, roofing pitch, foundation fascia, and fenestration.
(b)
A complete set of designs, plans, and specifications shall be submitted to City Staff with the Building Permit bearing a stamp of approval from the Texas Industrialized Building Code Council and confirmation that each module or modular component bears an approved decal or insignia by the Texas Department of Licensing and Regulation signifying that each module or component has received a post-construction inspection in conformance with state mandated building codes. This requirement is in addition to general Building Permit requirements for all housing.
(8)
Manufactured Home Park.
(a)
All manufactured home subdivisions or developments will be consistent with all other provisions of this Code.
(b)
For each manufactured home moved into a manufactured housing district, all proper permitting shall be obtained through the City.
(c)
Any person whose application for a permit under this section has been denied may request a hearing as provided in Chapter 3.
(d)
In calculating the impervious cover for lots the manufactured home will be treated as a part of the impervious percentage calculation.
(e)
The City is authorized to make inspections as are necessary to determine compliance with the Code. (NEED CLARIFICATION:) Residential and a Certified Building Inspector for Commercial Property. The City Staff will determine the appropriate fee.
i.
The inspection shall include the following:
1.
Gas system.
System to meet the requirements of the International Plumbing Code, 2015 Edition.
2.
Electrical system.
System to meet the requirements of the National Electrical Code. 2014 Edition.
3.
Water supply.
Hookups shall be made with schedule #40 PVC pipe or equivalent piping.
4.
Sewer system piping shall be installed to connect the manufactured home to the subdivision sewer and to provide for gravity flow. Only rigid pipes shall be used, and piping shall be protected against damage.
5.
Manufactured home stand.
The area beneath the manufactured home shall be graded so that water will not stand under the home. The stand shall provide a stable area for placing a [of] tie-down anchors and blocking.
6.
Tie-downs.
The manufactured home shall be tied down as required by state standards.
7.
Blocking.
The manufactured home shall be blocked as required by state standards.
8.
Skirting shall be required on all Manufactured homes and will consist of one of the following materials: Vinyl, Stone, Stucco, or Fiber Cement or equivalent and approved by the City Staff.
ii.
Upon completion and approval of required inspections a certificate of occupancy will be issued for the manufactured home.
iii.
A manufactured home may only be imported into the City of Blanco if it is on an MH zoned lot or replacing a unit in a Manufactured Home Park.
iv.
Signs:
A sign shall be permitted at entrance to the Manufactured Home Park except that not more than one sign shall be permitted for one park, and sign shall be subject to the following provisions:
1.
Signs may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing, revolving signs shall not be permitted. Signs shall not be lighted between the hours of 10:00 p.m. and 6:00 a.m.
2.
Such signs may be freestanding but shall have no more than two supports and the top of the sign shall be no more than eight feet above the grade.
3.
Each sign shall be single-faced and shall be limited to a maximum area of 12 square feet.
4.
All signs shall conform to the requirements concerning setback from public streets that are applicable to structures, except that such signs may be attached flat against a wall or fence surrounding the manufactured home park, no portion of which shall extend into the public right-of-way.
(f)
Parking:
Two spaces per dwelling unit in a manufactured housing subdivision and two spaces per dwelling unit in a manufactured home park.
(g)
Landscaping:
For manufactured home parks, generally 4 percent of net site area or 30-foot deep landscaped area adjacent to public right-of-way.
i.
Property Development standards for Manufactured Housing Subdivision and Parks will be as follows:
“MH” District: Manufactured Home Subdivision | |
|---|---|
Land Area | 4 acre minimum |
Lot Area | 4,000 square feet minimum per unit |
Lot Width | 30 feet minimum |
Lot Coverage | 50 percent maximum |
Front Yard | 20 feet minimum |
Rear Yard | 5 feet minimum |
Side Yard | |
Interior lot | 5 feet minimum |
Corner lot | 10 feet minimum |
Height | 30 feet maximum |
(9)
Recreational Vehicle Park.
(a)
Recreational Vehicle Parks are allowed in the PR district as approved by a Special Use Permit.
(10)
Triplex.
(a)
There are no specific restrictions applicable to the Special Use Permit requirement.
(Ordinance adopted 11/10/20; Ordinance adopting Code)
§ 4.7 Temporary Use Permits.
(1)
Temporary Sales, Construction Officers [Offices] and Model Homes.
The following conditions must be met before the Model Home use will be permitted in accordance with Section 3.7(5) Temporary Use Permit:
(a)
A model home may be located within any zoning district provided it is located within the legal subdivision for which lots are being sold. In addition, the sales office occupying the Model Home shall only market homes within the legal subdivision in which the Model Home is located. (For example, a Model Home built in New Subdivision, Phase I cannot market home located in New Subdivision, Phase II or in Other Subdivision, etc.)
(b)
A conditional certificate of occupancy permit to operate the model home as a sales office will expire after twelve (12) months unless it is renewed by the respective business, which shall have the burden to demonstrate that the conditions of approval still exist. The City Staff will then evaluate the renewal request and determine its status. An unlimited number of extensions can be applied for and considered.
(c)
The following exceptions to Section 3.7(6) above [sic] may apply:
i.
The City may extend the permit for a model home which was constructed to market one phase of a phased development to market new phases of the same development when this results in no increase in the total number of model homes within all of the phases and is less intrusive to the developing neighborhood by maintaining the most direct access to the model home from outside of the neighborhood;
ii.
A permit [permitted] model home in one legal subdivision where a builder is actively marketing lots may be used to market lots in another legal subdivision if the builder has no model in the second subdivision and when such sales are clearly secondary, as demonstrated through signs and advertisements, to the marketing of lots within the subdivision in which the model is located;
iii.
A model home constructed to market one legal subdivision may be granted a temporary permit to market a new legal subdivision for the period during which a new model home is being constructed in the new legal subdivision. Such temporary permit shall be valid for a period not to exceed six (6) months.
(d)
Construction of the model home must be consistent with the character of the subject neighborhood. Signs must comply with sign regulations in this Code, and the zoning district in which the model home located.
(e)
A conditional construction permit for the model home may be issued once the streets to the subdivision have been constructed to sub grade and water service and a fire hydrant has been located within five hundred (500) feet of the lot on which the model home is located. The Building Official shall note on the permit that the property owner accepts all responsibility for commencing construction prior to completion of the public improvements and City acceptance of the subdivision. The conditional certificate of occupancy for the model home will not be issued until the subdivision and all public improvements have been accepted by the City, a final plat has been filed with the County, and all utilities are connected to the home.
(f)
The model home must be constructed in such a manner that it can be converted, without structural changes, and used as a single-family or duplex (if applicable) residence after certificates of occupancy have been issued to eighty (80) percent of the associated residential units or when use as a sales office or model home has ceased. This includes the provision of adequate off-street parking outside the front building line.
(g)
There is no restriction on the number of model homes permitted in each subdivision.
(h)
A temporary building for use as a sale or construction office is permitted on a twelve (12) month or shorter basis, subject to the renewal policy outlined for model homes, but only if a model home has not been constructed. Once a model home has been constructed, the temporary building must be removed.
(i)
If the operation of the model home or temporary building used as a sales office violates any City ordinances including the provisions of this Code, the Certificate of Occupancy shall be revoked, unless satisfactory compliance is achieved.
(2)
Temporary Concrete Products.
(a)
Temporary facilities for manufacturing concrete or concrete products may be located in all zoning districts where they are directly associated with construction in the area.
(b)
Retail sales of concrete products shall be prohibited in conjunction with temporary concrete plants. The production site must be returned to its pre-construction state following completion of the associated project.
(c)
The City Staff may impose specific terms and conditions on the issuance of a temporary use permit for concrete products based on the need to control dust and concrete waste materials and other forms of pollution, noise, and hours of operation, and obstruction or interference with automobile and other transportation.
(d)
A site plan is required for the site with the submittal for the temporary use permit.
(Ordinance adopted 11/10/20)
§ 4.8 Accessory Uses.
(1)
General.
Any accessory use may be permitted provided there is association with a primary use that may be permitted in accordance with Table 4.2 of this Code. The establishment of such accessory uses shall be consistent with any or all of the following standards:
(a)
The accessory use shall be subordinate to and support a primary use principal;
(b)
The accessory use shall be subordinate in area, extent or purpose to the primary use;
(c)
The accessory use shall contribute to the comfort, convenience or necessity or the use;
(d)
The accessory use shall be located within the same zoning district as the primary use; and/or
(e)
Accessory uses located in residential districts shall not be used for commercial purposes other than authorized and legitimate Home Occupations.
(2)
Home Occupations.
(a)
A home occupation is that accessory use of a dwelling that shall constitute all or some portion of the livelihood of a person or persons living in the dwelling. The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling or adversely affect the uses permitted in the district of which it is a part.
(b)
Home occupations are permitted provided the occupation meets the following provisions and approved by the City Staff.
i.
Is conducted entirely within a dwelling or integral part thereof and has no outside storage of any kind related to the home occupation;
ii.
Is clearly incidental and secondary to the principal use of the dwelling;
iii.
Is conducted only by persons residing on the premises (nonresident employees are not permitted);
iv.
Does not affect the residential character of the dwelling or cause the dwelling to be extended or altered, internally or externally;
v.
No identification sign or advertising of the home occupations placed or situated on the site or structures, except those permitted in the City’s Sign Ordinance;
vi.
Does not generate traffic, parking, sewerage, or water use in excess of what is normal in the residential neighborhood;
vii.
Do not create disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, unhealthy or unsightly condition, electrical interference, or other hazard to persons or property within the vicinity;
viii.
Does not involve any on-site retail sales.
(c)
The following are prohibited as Home Occupations:
i.
Animal hospitals, stables, or kennels;
ii.
Mortuaries;
iii.
Private clubs;
iv.
Repair shops;
v.
Restaurants (excluding Bed and Breakfasts);
vi.
Automobile or mechanical paint or repair shops;
vii.
Doctor, dentist, veterinarian or other medically related office;
viii.
Rooming/Boarding House;
ix.
Barber shops and Beauticians
(e)
Accessory uses located in residential districts shall not be used for commercial purposes other than authorized and legitimate Home Occupations or permitted Short-Term Rental, Accessory Sturcture/Uses; and
(f)
Short-Term Rental, Accessory Structure/Uses shall mean property containing a primary dwelling that also contains a legal guest house that is being used for Short-Term Rental purposes.
(Ordinance adopted 11/10/20; Ordinance 2022-O-005 adopted 7/12/2022)
§ 4.9 Special Requirements.
(1)
Outdoor Storage.
(a)
Outdoor display and storage shall be allowed in nonresidential districts in accordance with this Section. Any merchandise, material or equipment situated outdoors in nonresidential districts shall be subject to the requirements of this Section. For the purpose of this section, outdoor storage and display shall be classified into three categories.
(b)
Categories of Outdoor Storage and Display.
i.
Outdoor Display.
1.
Outdoor display is a display of items actively for sale.
2.
Outdoor display shall require a special use permit in the C-1 District.
3.
Outdoor display shall be allowed adjacent to a principal building wall, may not extend into the right-of-way, and may only extend a distance of no greater than five (5) feet from the wall. Such storage shall not be permitted to block windows, entrances, or exits and shall not impair the ability of pedestrians to use the building.
4.
Outdoor display may not occupy more than thirty (30) percent of the linear distance along any principal building wall facing a public right-of-way.
5.
All outdoor display shall be screened from any adjacent residentially used or zoned property, or public right-of-way.
ii.
Limited Outdoor Storage.
1.
Limited outdoor storage is temporary storage of goods in individual packaging and not in storage containers. Organic materials stored on pallets are considered limited outdoor storage.
2.
Limited outdoor storage shall require a special use permit in the C-1 District.
3.
Limited outdoor storage shall be to the side or rear and not exceed one thousand (1,000) square feet or ten (10) percent of the total site area (whichever is greater), except in the I-1 districts where additional outdoor storage and display is allowed so long as it is completely screened from view from outside the site by a solid opaque wall or fence at least six feet in height. Such area may extend from the primary building, but not for a distance greater than fifty (50) feet, and not into a public right-of-way.
4.
Limited outdoor storage may not occupy more than thirty (30) percent of the linear distance along any principal building wall facing a public right-of-way.
5.
Limited outdoor storage shall not be allowed in required off-street parking spaces.
6.
All limited storage shall be required to be shown on a site plan approved by the city.
iii.
Outdoor Display and Storage Requirements.
1.
Required in Site Plan:
All outdoor display and storage areas must be clearly shown in the site plan submitted for the property.
2.
Right-of-Way:
Unless specifically authorized elsewhere in this Code, all outdoor storage and display shall be located outside the public right-of-way and/or at least fifteen (15) feet from the back edge of the adjacent curb or street pavement and outside of any required landscape area. Additionally, all outdoor display and storage shall only be on pavement, and still within the maximum impervious cover limitations set forth in Chapter 5, Lot Standards.
(c)
Exceptions.
i.
Vehicles for sale within part of a properly permitted vehicle sales use (including boats and recreational vehicles) shall not be considered outdoor display or storage.
ii.
Such vehicles must be located and displayed on a paved vehicle use area, clearly indicated on the site plan, and screened under the same requirements for a parking lot.
iii.
Waste generated on-site and properly deposited in ordinary refuse containers shall not be subject to the restrictions of this Section.
(2)
Residential Use of Nonresidential Property.
(Ordinance adopted 11/10/20; Enacted by action of the city council on 3/8/22)
§ 4.10 Planned Development Districts.
(1)
General Provisions.
(a)
Popular Name.
This article shall be commonly cited as the “planned development district ordinance.”
(b)
This article applies to all property within the incorporated municipal boundaries (i.e., “city limits”), and may also extend to the extraterritorial jurisdiction (“ETJ”) to the extent property owners are willing to be voluntarily annexed into the city concurrently with the adoption of the planned development district.
(2)
Purpose; nature of district.
(a)
Purpose.
i.
This article provides standards and procedures for the legislative creation of specialized zoning districts that are crafted specifically for certain land endeavors. Planned development districts are intended to allow flexibility and encourage creative land use and site development while providing natural resource preservation and protecting adjoining properties. Through planned development districts the city is better able to give developers the flexibility they need for complicated projects, while protecting the public interest by mitigating externalities related to traffic, noise, aesthetics, lighting and drainage.
1.
Planned development districts are established by ordinance and, thus, are not agreements, although often they are developed through negotiations between the city and property owners.
2.
Unless clearly stated in the ordinance creating the PD district, the development project must comply with all applicable city regulations. PD districts are intended to implement generally the goals and objectives of the city’s comprehensive plan. PD districts are also intended to ensure the compatibility of land uses, and to allow for the adjustment of changing demands to meet the current needs of the community by meeting one or more of the following purposes:
a.
To provide for a superior design of lots or buildings;
b.
To provide for increased recreation and/or open space opportunities for public use;
c.
To provide amenities or features that would be of special benefit to the property users or community;
d.
To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes, hills, viewscapes, and wildlife habitats;
e.
To protect or preserve existing historical buildings, structures, features or places;
f.
To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services; and
g.
To meet or exceed the present standards of this article.
(b)
Nature of district.
Each PD district shall be a freestanding zoning district in which land uses and intensities of land use may be tailored to fit the physical features of the site and to achieve compatibility with existing and planned adjacent uses.
(3)
Minimum Standards.
(a)
Standards by ordinance.
Minimum standards proposed for the PD district must be incorporated within an ordinance adopted by the city council. In the adopting ordinance, the city council may incorporate minimum standards by making reference to a standard zoning district.
(b)
Land use.
i.
Uses.
An application for a PD district shall specify the use or the combination of uses proposed, particularly if any of the proposed uses are not allowed by right in the base zoning district.
ii.
Base district.
In the PD district, uses shall conform to the standards and regulations of the base zoning district to which it is most similar. The particular zoning district must be stated in the granting ordinance.
iii.
Variances.
All applications to the city shall list all requested variances from the standard requirements set forth throughout this article (applications without this list will be considered incomplete).
iv.
Special uses.
Special Use Permits allowed in a base zoning district may be allowed in a PD only if specifically cited as an “additional use” in the ordinance establishing the PD. Additional uses included in the PD ordinance shall then be allowed by right in the PD district.
v.
Location.
The location of all authorized uses shall be consistent with the PD master plan and the PD district site plan.
vi.
Residential uses.
Unless otherwise provided for by the PD ordinance, the following standards shall apply to all residential uses within a PD district:
xxx
vii.
Density.
Except on the basis of exceptional design and provision of enhanced open space, residential density shall be no smaller than the lot sizes allowed in the base zoning district for each type of housing except for minor changes in a small percentage of the lots in order to provide improved design or flexibility in the layout of the subdivision.
viii.
Drainage.
Drainage features shall be integrated into the design of the development and shall be contained within ponds and streams with a natural appearance wherever possible.
(c)
Open space standards.
i.
Public or private.
Unless otherwise provided for by the PD ordinance, site-appropriate area or areas within the entire PD District shall be devoted to open space. Open space for PD districts may be satisfied by space that can be classified as public, such as a central gathering space, or by a combination of public and private open space. Open space requirements specified in this subsection are in addition to the city’s general requirements for landscaping and buffering. Public open space shall be dedicated to the city.
ii.
Preservation of natural features.
Unless otherwise provided by the PD district ordinance of [or] master plan:
iii.
Open space allocation and preservation.
Open space requirements shall be satisfied for each phase of a multi-phased development. If open space is not to be provided proportionally among phases of development, the applicant must execute a reservation of open space in a form that will assure the city that such open space will be provided. The city may require that all open space within the PD district must be provided prior to completion of development within the PD district.
(d)
Height regulations.
Unless otherwise provided by the PD ordinance, height regulations for uses shall be those established within the city’s zoning regulations for the base district.
(e)
Area regulations.
Unless otherwise provided by the PD ordinance, area regulations for uses shall be those established within the city’s zoning regulations for the base zoning district. The minimum allowable size for a PD shall be one acre.
(4)
Master Plan.
(a)
Mandatory.
The PD master plan is mandatory step in the creation of a PD district. It establishes general guidelines for the PD district by identifying the proposed land uses and intensities, building locations, building footprints, thoroughfare locations, and open space boundaries, including any proposed public trail systems. The PD master plan, as incorporated in the PD ordinance and together with the text of the ordinance, establishes the development standards for the PD district.
(b)
Compliance with approved plans.
Except as otherwise provided by the city’s subdivision regulations, no development shall begin, and no building permit shall be issued for any land within a PD district until a PD site plan that is substantially consistent with the PD master plan has been approved. Each PD district shall be developed, used, and maintained in compliance with the approved PD master plan, and subsequently conforming site plans, for the PD district, as per the city’s site development ordinance.
(c)
Establishment of District.
i.
Zoning Amendment.
The procedures for establishing a PD district shall be as for any other type of zoning request, except that more information is typically needed along with the request, and a master plan shall be submitted along with the request.
ii.
Application.
An application for the establishment of a PD district shall be in accordance with this article. The application shall include:
1.
A PD Master Plan;
2.
A list of proposed PD district development standards;
3.
Identification of a zoning district, if any, which shall apply to the extent not otherwise provided by the PD master plan or by the proposed PD district development standards;
4.
A master plan informational statement; and
5.
A traffic impact analysis, unless waived by the City Council.
iii.
Governing regulations.
Except to the extent provided by the PD master plan and the PD ordinance, development within the PD district shall be governed by all of the ordinances, rules, and regulations of the city in effect at the time of such development, including the standards of the zoning district identified in the application.
iv.
Conflict.
In the event of any conflict between the PD master plan, the PD ordinance, and/or the ordinances, rules, and regulations of the city in effect at the time of the establishment of the PD, the terms, provisions, and intent of the PD master plan and PD ordinance shall control.
v.
PD master plan requirements.
1.
A master plan shall be submitted along with a PD zoning request and shall be processed simultaneously with the PD zoning request. The master plan shall be reviewed by the city’s development review team. If the PD zoning application is approved, the PD master plan shall be incorporated and made a part of the PD ordinance.
2.
Development standards.
Proposed PD district development standards shall be processed simultaneously with the PD zoning application, and if the PD zoning application is approved, such standards shall be incorporated as part of the PD ordinance. Such proposed development standards may include, but shall not be limited to, uses; density; lot size; building size; lot dimensions; setbacks; coverage; height; landscaping; lighting; screening; fencing; parking and loading; signage; open space; drainage; and utility and street standards. Any graphic depictions used to illustrate such standards, unless otherwise provided in the PD ordinance, shall be considered as regulatory standards. In the event of any conflict, the more stringent standards shall apply. At the city administrator’s discretion, the city administrator may waive any of items listed in this subsection. The city council may require submission of the above information or any other item deemed necessary by the council for creation of a PD district.
vi.
Informational statement.
A PD master plan shall be accompanied by an informational statement containing the information set forth below. If the PD zoning application is approved, the informational statement shall be binding on the applicant or the landowner but shall not be considered part of the PD master plan or the PD ordinance. If the PD master plan and the PD ordinance conflict in any way, the PD ordinance shall be considered the controlling document. Informational statements shall be updated concurrently with any amendment to the PD master plan. Each statement shall include the following:
1.
A general statement setting forth how the proposed PD district will relate to the city’s comprehensive plan;
2.
The total acreage within the proposed PD district;
3.
If the development is to occur in phases, a conceptual phasing plan that identifies the currently anticipated general sequence of development, including the currently anticipated general sequence for installation of major capital improvements to serve the development; and
4.
An aerial photograph with the boundaries of the PD master plan clearly delineated.
(d)
Master plan amendments.
i.
PD master plans.
PD master plans, excluding informational statements, are considered part of the PD ordinance. Any substantive amendment to a PD master plan, as determined by the city administrator, shall be considered a zoning change. Nonsubstantive modifications may be approved by the city administrator.
ii.
PD site plans.
PD site plans are not considered part of a PD ordinance. Except as otherwise provided within this subsection, any amendment/revision to an approved site plan shall be in accordance with the city’s site development ordinance.
(e)
Lapse of master plan.
A PD master plan shall be effective for a period of two (2) years. Plans expire if the applicant has not begun construction within that two (2) year period.
(f)
Extension and reinstatement.
Extension of a PD master plan or site plan shall be in accordance with the following:
i.
Prior to the lapse of approval for a PD master plan, the applicant may request that the city, in writing, extend the plan approval. Such request shall be considered at a public meeting before the P&Z and the city council, and an extension may be granted by city council at such meeting. Two (2) extensions of six (6) months each in length may be granted, unless otherwise specified by ordinance. If no petition for extension of PD master plan approval is submitted, then the plan shall be deemed to have automatically expired by operation of law and shall become null and void.
ii.
Determination of extension. In determining whether to grant a request for extension, the city council shall take into account the reasons for the lapse, the ability of the applicant to comply with any conditions attached to the original approval, and the extent to which development regulations would apply to the concept plan or site plan at that point in time. The P&Z and city council shall either extend the PD master plan or deny the request, in which instance the originally approved plan shall be deemed null and void. However, the two (2) aforementioned extensions shall not be unreasonably withheld without due cause.
(g)
Contents and format of master plan.
i.
A title block within the lower right-hand corner of the concept plan with the proposed name of the project or subdivision, the name and address of the owner and the land planner, engineer, architect or surveyor responsible for the design or survey, the scale of the drawing, both written and graphic scale, the date the drawing was prepared, total site acreage, and the location of the property according to the abstract and survey records of the county;
ii.
A vicinity or location map that shows the location of the proposed development within the city or its extraterritorial jurisdiction and in relationship to existing roadways;
iii.
The boundary survey limits of the tract and scale distances with north clearly indicated;
iv.
The names of adjacent additions or subdivisions, or the name of the owners of record and recording information for adjacent parcels of unplatted land, including parcels on the other sides of roads and creeks. The concept plan shall include a depiction of all contiguous holdings of the property owners, the existing and proposed uses of the subject property, a general arrangement of future land uses, including the approximate number of lots and any residential uses anticipated, and a generalized circulation plan for the subject property;
1.
The existing zoning and existing and proposed uses on adjacent land; the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; any existing easements with recording information; existing buildings; railroad rights-of-way; topography, including contours at two-foot intervals with existing drainage channels or creeks, including the 100-year floodplain, if applicable; any other important natural features (such as rock outcroppings, wildlife habitats, etc.); all substantial natural vegetation; and adjacent political subdivisions, corporate limits, and/or school district boundaries;
2.
Proposed strategies for tree preservation, which may include showing individual trees or tree masses that will be preserved, and the techniques that will be used to protect them during construction;
3.
The layout and width, including right-of-way lines and curb lines, of existing and proposed thoroughfares, collector streets and/or intersections, and a general configuration of proposed streets, lots and blocks, including proposed median openings and left turn lanes on future divided roadways. Existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings;
4.
A general arrangement of land uses and buildings, including but not limited to proposed nonresidential and residential densities; building heights, square footages, massing, orientation, loading and service areas, recycling containers, compactors and dumpster enclosures, pedestrian walkways, and parking areas; any proposed sites for parks, schools, public facilities, and public or private open space; floodplains and drainageways; and other pertinent development-related features; and
5.
The phasing scheduled for the development.
(5)
Submission and Review Process.
(a)
Submission of complete application.
i.
For the purpose of this article, the “official submission date” shall be the date upon which a complete application for approval of a PD, that contains all elements and information required by this article, is first submitted to the city administrator. No application shall be deemed officially submitted until the city administrator determines that the application is administratively complete, and a fee receipt is issued by the city.
ii.
PD master plan applications which do not include all required information and materials will be considered incomplete, shall not be accepted for official submission by the city, and shall not be scheduled on a P&Z agenda until the proper information is provided to city staff.
(b)
Additional information.
The city’s staff may require information and data other than that set out in this section for specific PD master plans. This information data may include but is not limited to: geologic information, water yields, flood data and hydrological studies, environmental information, traffic impact analysis, road capacities, market information, historic structure(s) and/or land, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, and similar information. Approval of a PD may establish conditions for construction based upon such information.
(c)
Principles and standards for review.
i.
The following criteria have been set forth as a guide for evaluating the adequacy of proposed development within the city, and to ensure that all developments are, to the best extent possible, constructed according to the city’s codes and ordinances.
ii.
The city administrator shall review the PD for compliance with all applicable city ordinances and with the comprehensive plan; for harmony with surrounding uses and with long-range plans for the future development of the city; for the promotion of the health, safety, order, efficiency, and economy of the city; and for the maintenance of property values and the general welfare.
iii.
PD review and evaluation by the city administrator shall be performed with respect to the following:
1.
The plan’s compliance with all provisions of the zoning ordinance and other ordinances of the city.
2.
The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.
3.
The relationship of the development to adjacent uses in terms of harmonious design, facade treatment, setbacks, building materials, maintenance of property values, and any possible negative impacts.
4.
The provision of a safe and efficient vehicular and pedestrian circulation system.
5.
The general design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.
6.
The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
7.
The coordination of streets so as to arrange a convenient system consistent with the transportation plan of the city.
8.
The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and to complement and integrate the design and location of buildings into the overall site design.
9.
Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection upon adjacent properties.
10.
The location, size, accessibility, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
11.
Protection and conservation of soils from erosion by wind or water or from excavation or grading.
12.
Protection and conservation of watercourses and areas subject to flooding.
13.
The adequacy of water, drainage, sewerage facilities, solid waste disposal, and other utilities necessary for essential services to residents and occupants.
14.
Consistency with the comprehensive plan.
(d)
Approval process.
i.
Pre-application conference.
The applicant(s) shall consult with the city administrator, city development coordinator and/or other designated administrative officers before preparing a concept plan in order to save time, money and to avoid potential unnecessary delays.
ii.
Prior to formal application for approval of any PD, the applicant(s) shall request and attend a pre-application conference with the city administrator, city development coordinator and any other pertinent city official(s) in order to become familiar with the city’s development regulations and the development process.
(e)
City staff review.
Upon official submission of a complete application for PD approval, the city shall commence technical review of the development proposal by forwarding a copy of the application to development review team members, such as the city administrator, development coordinator and any other pertinent city official(s). Development review team members shall review the application and shall ascertain its compliance with these and other applicable city regulations.
(f)
Supplementation and corrections.
Following city staff review of the plan and supporting documents, and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit additional copies of the corrected or supplemented plan to the city administrator within sixty (60) calendar days following the date on which the applicant received official notification of the completion of the review by the city administrator.
(g)
Approval by administrator.
Prior to consideration by the P&Z or City Council, all PD proposals must be reviewed by City Staff. At staff’s discretion, the request may forward a PD proposal to the P&Z and council with or without a recommendation.
(h)
Action by P&Z/City Council.
i.
The P&Z shall review the PD application and shall recommend approval, approval subject to certain conditions, or disapproval of the PD. If the P&Z recommends approval, with or without conditions, of the plan, then it will be forwarded to the city council for consideration.
ii.
The city council shall consider the PD application at a public meeting following receipt of a determination by the P&Z. The city council may also, where appropriate, remand the PD application back to the P&Z for reconsideration if it believes that there is a compelling reason to do so, such as the introduction of significant new facts or testimony.
(i)
Public hearing and notice.
i.
The P&Z shall hold at least one public hearing on proposed amendments to the PD ordinance.
ii.
Notice of the P&Z hearing shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the city before the 15th day before the date of the hearing date of the public hearing.
iii.
Written notice of the public hearing to occur before the P&Z shall also be sent to all owners of property, as indicated by the most recently approved city tax roll, that is located within the area of application and within two hundred feet (200') of any property affected thereby, said written notice to be sent before the 10th day before the hearing date. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, with first class postage paid, in the United States mail.
(j)
Administrative fees.
The city shall impose its standard fees for the negotiation, preparation and implementation of PDs. These fees shall be established by the city council in accordance with the city’s rate schedule. The city may also recoup from applicants any out-of-pocket expenses related to professional services the city requires in order to design the PD.
(k)
Grandfathering.
PD districts are an option available to developers and the city. PD districts do not constitute a permit required by law. For purposes of Texas Local Government Code chapter 245, the “project” shall be the endeavor described in an approved PD master plan for an approved PD district.
(Ordinance adopted 11/10/20; Enacted by action of the city council on 3/8/22)
§ 4.11 Historic Preservation.
A.
Historic District Regulations
(1)
The City Council of Blanco hereby declares that as matter of public policy the protection, enhancement, and perpetuation of landmarks or district of historical and cultural importance and significance is necessary to promote the economic, cultural, educational, and general welfare of the public. It is recognized that the Blanco Historic District represents the unique confluence of time and place that shaped the identity of generations of citizens, collectively and individually, and produced significant historic, architectural, and cultural resources that constitute their heritage. This act is intended to:
(a)
Protect and enhance the landmarks and districts which represent distinctive elements of Blanco’s historic, architectural, and cultural heritage;
(b)
Foster civic pride in the accomplishments of the past;
(c)
Protect and enhance Blanco’s attractiveness to visitors and the support and stimulus to the economy thereby provided;
(d)
Insure the harmonious, orderly, and efficient growth and development of the city;
(e)
Encourage stabilization, restoration, and improvements of such properties and their values.
B.
Historic Preservation Commission
(1)
The Blanco Historic Preservation Commission (hereafter referred to as “Commission”) was created in 1986 by Blanco City Ordinance #263. The Contents of City Ordinance #263 were amended in 1991 by City Ordinance #298.
(2)
The Commission shall consist of seven (7) members to be appointed from the residents in the City of Blanco and its extraterritorial jurisdiction by the City Council. Up to three (3) members may live outside the extraterritorial jurisdiction but inside the Blanco Independent School District. Skills listed below should be used as available when making these appointments. The commission may appoint two (2) to four (4) longtime residents of the area to serve as advisors/historians on local historic matters. These advisors/historians shall serve in a non-voting capacity for a term of two (2) years. These are preferred representatives.
(a)
An architect, planner, or representative of a design profession;
(b)
A historian;
(c)
A licensed real estate broker;
(d)
An attorney;
(e)
An owner of a landmarked or a property in a historic district;
(f)
A member of the Blanco County Historical Commission; and
(g)
An archeologist or a related discipline.
(3)
All Commission members, regardless of background, shall have a known and demonstrated interest, competence, or knowledge in historic preservation within the City of Blanco and shall actively participate in special historic projects and assignments.
(4)
Insofar as practicable the Commission as a whole shall represent the ethnic makeup of the city.
(5)
Commission members shall not serve on the Commission, City Council, and Planning and Zoning Commission concurrently.
(6)
Commission members shall serve for a term of two (2) years, with the exception that the members of the first commission to be appointed, two (2) shall be appointed to serve for two (2) years and four (4) for one (1) year. The term shall expire on the first day of July of the appropriate year. Any vacancy on the Commission shall be filled by the Mayor for the remainder of the non-expired term. Recommendations for members to serve shall be made by the Blanco Historic Preservation Commission and appointed by the City Council. Any member of the Commission who fails to attend at least seventy-five percent (75%) of all meetings of the Commission within any twelve (12) months period shall be removed from the board, unless such failure to attend was the result of illness or other acceptable excuse as determined by the City Council.
(a)
City Council will appoint all Commission members, the City Council shall reappoint HPC members as their terms expired, only for the remainder of the term. HPC member will serve until reappointed or a new appointment is made. The HPC is authorized to recommend new members to Council.
(b)
Any member may resign by submitting a letter of intent to the HPC that has been read into the official BHPC minutes. Any member of the Commission who fails to attend 75% of the meetings in one (1) calendar year shall be removed from the Commission.
(c)
The mayor shall be required to timely address any vacancies in order that the Commission may always have a quorum.
(d)
The Chair, Vice-Chair, and Secretary of the Commission shall be elected by and from the members of the Commission.
(7)
The Commission shall be empowered to:
(a)
Make recommendations for employment of staff and professional consultants as necessary to carry out the duties of the Commission.
(b)
Prepare rules and procedures as necessary to carry out the business of the Commission, which shall be submitted to the City Council for ratification.
(c)
Adopt criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts, which shall be ratified by the City Council.
(d)
Conduct historic resource surveys and maintain an inventory with photographs of significant historic, architectural, and cultural landmarks and all properties located in historic district within the city[.]
(e)
Recommend the designation of resources as landmarks and historic districts.
(f)
Create committees from among its membership and delegate to these committees’ responsibilities to carry out the purposes of this ordinance.
(g)
Maintain written minutes which record all actions taken by the Commission and the reasons for taking such actions.
(h)
Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers.
(i)
Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.
(j)
Make recommendations to the city government concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the city.
(k)
Approve or disapprove applications for Certificates of Appropriateness pursuant to this act, as related to repair or renovation of historic landmarks and construction of new buildings in the Historic District.
(l)
Prepare and submit annually to the City Council a report summarizing the work completed during the previous year.
(m)
Prepare specific Design Guidelines for the review of landmarks and districts.
(n)
Recommend the acquisition of a landmark structure by the city government where its preservation is essential to the purpose of this act and where private preservation is not feasible.
(o)
Propose tax abatement program(s) for landmarks or districts.
(p)
Accept on behalf of the city government the donation of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation, subject to the approval of the City Council.
(8)
The Commission shall meet at least quarterly or more frequently, if business is at hand. Special meeting[s] may be called at any time by the Chair, City Council, or on the written request of any two Commission members. All meetings shall be held in conformance with the Texas Open Meetings Act, Chapter 552 [551] of the Texas Government Code Annotated.
(9)
A quorum for the transaction of business shall consist of not less than four (4) members present at a meeting.
(10)
A member of the Commission is responsible for coordination [of] the city’s preservation activities with those of state and federal agencies and with local, state, and national nonprofit preservation organizations.
(11)
A member of the Commission shall not vote on an issue if he or she has a direct or indirect financial interest in it.
C.
Appointment of Historic Preservation Officer
The City Council shall appoint a qualified city employee to serve as a Historic Preservation Officer. In making this appointment the Council shall be sure the appointee is aware of the liability issues involved in serving in this capacity. This officer shall administer this ordinance and advise the Commission on matters submitted to it.
D.
Designation of Historic Landmarks
(1)
These provisions pertaining to the designation of historic landmarks will be applied in conjunction with the Unified Development Code of the City of Blanco.
(2)
Property owners of proposed historic landmarks shall be notified by certified mail fourteen (14) days prior to the Commission hearing on the recommended designation. At the Commission’s public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic landmark.
(3)
A property outside of the Historic District shall not be designated a historic landmark without the property owner’s approval.
(4)
Upon recommendation of the Commission, the proposed historic landmark shall be submitted to the Planning and Zoning Commission within thirty (30) days from the date of submittal of designation request. The Planning and Zoning Commission shall give notice and conduct its hearing on the proposed designation within forty-five (45) days of receipt of such recommendation from the Commission. Such hearing shall be in the same manner and according to the same procedures as specifically provided in the Unified Development Code of the City of Blanco. The Planning and Zoning Commission shall make its recommendation to the City Council within forty-five (45) days subsequent to the hearing on the proposed designation.
(5)
The City Council shall schedule a hearing on the Commission’s recommendation to be held within forty-five (45) days of receipt of the recommendation of the Planning and Zoning Commission. The City Council shall give notice, follow the publication procedure, hold hearing, and make its determination in the same manner as provided in the Unified Development Code of the City of Blanco.
(6)
Upon designation of a building, object, site, or structure as a historic landmark or district, the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Blanco County, the tax records of the City of Blanco, and the Blanco County Appraisal District as well as the official zoning maps of the City of Blanco. All zoning maps should indicate the designated landmarks with an appropriate mark.
(7)
A copy of this ordinance will be provided via certified mail to each owner, or new owner, or each historic landmark. Records will be maintained by the Blanco Historic Preservation Commission to assure all owners have been apprised of their responsibilities regarding historic landmarks of the City of Blanco. All records will be kept at the city office.
E.
Designation of Historic Districts
(1)
These provisions pertaining to the designation of a historic district will be applied in conjunction with the Unified Development Code of the City of Blanco.
(2)
Property owners within a proposed historic district shall be notified by certified mail fifteen (15) days prior to the Commission’s hearing on the recommended designation. At the Commission’s public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence, which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic district. A majority vote must be obtained from affected properly [property] owners before an area can be designation [designated] historic.
(3)
The City Council may, from time to time, following recommendation either for or against such designation by the Blanco Historic Preservation Commission, designate certain areas in the City as Historic Districts and define, amend, or eliminate the boundaries of same. Initially this area shall encompass the area shown on the attached map (appendix C) [not printed herein]. Changes to the same may be initiated by any person by request submitted to the Blanco Historic Preservation Commission, which will forward its recommendation to the City Council.
(4)
The Commission may recommend the designation of a District if it contains properties and environmental setting that meets two or more of the criteria for designation of a landmark and constitutes a distance [distinct] section of the city.
(5)
Upon recommendation of the Commission, the proposed Historic District shall be submitted to the Planning and Zoning Commission within thirty (30) days from the date of submittal of designation request. The Planning and Zoning Commission shall give notice and conduct a hearing on the proposed designation within forty-five (45) days of receipt of receipt of such recommendation from the Commission. Such hearing shall be in the same manner and according to the same procedures as specifically provided in the Unified Development Code of the City of Blanco. The Planning and Zoning commission shall make its recommendation to the City Council within forty-five (45) days subject to the hearing on the proposed designation.
(6)
The City Council shall schedule a hearing on the Commission’s recommendation to be held within forty-five (45) days of receipt of the recommendation of the Planning and Zoning Commission. The City Council shall give notice, follow the publication procedure, hold hearings, and make its determination in the same manner as provided in the Unified Development Code of the City of Blanco.
(7)
Upon designation of a historic district the City Council shall cause the designated boundaries to be recorded in the Official public Records of real property of Blanco County, the tax records of the City of Blanco and the Blanco County Appraisal District as well as the official zoning maps of the City of Blanco. All zoning maps should indicate the designated historic district by an appropriate mark.
(8)
Properly used classifications of all property included in a historic district shall continue to be governed by the Unified Development Code of the City of Blanco[.]
(9)
Blanco Historic landmarks and map showing Blanco Historic District are show in Appendices B and C [not printed herein].
F.
Criteria for Designation of Historic Landmarks and Districts
(1)
A historic landmark or district may be designated if it:
(a)
Possesses significance in history, architecture, and culture.
(b)
Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history.
(c)
Is associated with events that have made a significant impact in our past.
(d)
Embodies the distinctive characteristics of a type, period, or method of construction.
(e)
Represents the work of a master designer, builder, or craftsman.
(f)
Represents an established and familiar visual feature of the neighborhood or city.
G.
Certificate of Appropriateness for Alteration or New Construction Affecting Landmarks or Historic Districts (See Appendix D for copy of Certificate of Appropriateness)
[Appendix D is not printed herein.]
(1)
A proved [An approved] Certificate of Appropriateness is required before beginning any work, other than ordinary maintenance, on historical landmarks or property in a historical district. No person shall carry out any new construction, reconstruction, alteration, restoration, rehabilitation, or relocation of any historic landmark or any property within a historic district, nor shall any person make any material change in the light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements visible from a public right-of-way which affect the appearance and cohesiveness of any historic landmark or any property within a historic district or other historical landmarks specified in the Ordinance without an approved Certificate of Appropriateness.
(2)
Nothing in this ordinance prevents the maintenance, repair, alteration or modification of the interior of any landmark or property in a historic district.
H.
Criteria for Approval of a Certificate of Appropriateness
(1)
In considering an application for a Certificate of appropriateness, the Commission shall be guided by any adopted design guidelines, and where applicable, the following from The Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings (see appendix E [not printed herein]). Any adopted Design Guidelines and Secretary of the Interior’s Standards shall be made available to the property owners of historic landmarks or within historic districts.
(a)
Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, object, or site and its environment.
(b)
The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(c)
All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
(d)
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own light, and this significance shall be recognized and respected.
(e)
Distinctive stylistic feature or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible.
(f)
Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(g)
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(h)
Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.
(i)
Contemporary design for alterations and additions do not destroy significant, historical, architectural, or cultural material, and such ensign [design] is compatible with the size, scale, color, material, and character of the property, [and] neighborhood environment.
(j)
Whenever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired.
I.
Certificate of Appropriateness Application Procedure
(1)
Prior to the commencement of any work requiring a Certificate of Appropriateness the owner shall file an application for such a certificate with the Commission. The application shall contain: (See Appendix D [not printed herein])
(2)
No building permit shall be issued for such proposed work until a Certificate of Appropriateness has first been approved by the Commission. [sic]
(3)
The Commission shall review the application at a regularly scheduled meeting or a called meeting on the second Monday of the month, whichever, comes first, at which time an opportunity will be provided for the applicant to be heard. The Commission shall approve, deny or approve with modifications the permit at the next regular meeting or the second Monday of the month, whichever comes first after the review meeting. In the event the Commission does not act within forty (40) business days of the receipt of the application, a permit may be granted. (Passed by City Council on 6/14/2016)
(4)
All decisions of the Commission shall be in writing. The Commission’s decision shall state its findings pertaining to the approval, denial, or modification of the application. A copy shall be sent to the applicant. Additional copies shall be filed as part of the public record on that property and dispersed to appropriate departments, e.g., building inspector.
(5)
Existing structure and any new structure design must be inspected and approved by a registered professional engineer. Copies of the final report of the supervising registered professional engineer will be provided to the City of Blanco and made a part of the building records file.
(6)
An applicant dissatisfied with the action of the Commission relating to the issuance or denial of a Certificate of Appropriateness shall have the right to appeal to the City Council within thirty (30) days after receipt of notification of such action. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the Unified Development Code of the city.
J.
Certificate of Appropriateness Required for Demolition
(1)
A permit for the demolition of a historic landmark or property within a historic district, including secondary buildings and landscape features, shall not be granted by the building inspector or other city official without the review of a completed application for a Certificate of Appropriateness by the Commission, as provided for in Sections 8, 9, and 10 of the ordinance [sic].
K.
Economic Hardship Application Procedure
(1)
After receiving written notification from the Commission of the denial of Certificate or Appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Commission makes a finding that hardship exists.
(2)
When a claim of economic hardship is made due to the effect of this ordinance, the City Council shall require the owner to prove that:
(a)
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(b)
The property cannot be adapted for any other use, whether by the current owner or by the purchaser, which would result in a reasonable return; or
(c)
Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
(3)
The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the Commission.
(4)
The Commission shall hold public hearing on the application at a regularly scheduled meeting or a called meeting on the second Monday of the month whichever comes first. Following the hearing, the Commission has until the next regularly scheduled meeting or a called meeting on the second Monday of the month, whichever comes first, in which to prepare a written recommendation to the Building Inspector. In the event the Commission does not act within forty (40) business days of the receipt of the application a permit or permits may be granted. (Passed by City Council on 06/14/2016)
(5)
All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by certified mail and a copy filed with the city clerk’s office for public inspection. The Commission’s decision shall state the reasons for granting or denying the hardship application.
(6)
An applicant for a Certificate of Appropriateness dissatisfied with the action of the Commission relating to the issuance or denial of a Certificate of Appropriateness shall have the right to appeal to the City Council within thirty (30) days after receipt of notification of such action. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the Unified Development Code of the city.
L.
Enforcement
(1)
All work performed pursuant to a Certificate of Appropriateness issued under this ordinance shall conform to any requirements included therein. It shall be the duty of the building inspector to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with the Certificate of Appropriateness, or upon notification of such fact by the Commission, the building inspector shall issue a Stop Work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a Stop Work is in effect.
(2)
A property owner dissatisfied it [with] the action of the Commission relating to the enforcement of a Certificate of Appropriateness shall have the right to appeal to the City Council within thirty (30) days after receipt of notification of such action. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the Unified Development Code of the city.
M.
Ordinary Maintenance
(1)
Nothing in this ordinance shall be construed to prevent ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, or outward appearance. In-kind replacement or repair is included in this definition of ordinary maintenance.
N.
Demolition by Neglect
(1)
No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.
(2)
Examples of such deterioration include:
(a)
Deterioration of exterior walls or other vertical supports.
(b)
Deterioration of roof or other horizontal members.
(c)
Deterioration of exterior chimneys
(d)
Deterioration or crumbling of exterior stucco or mortar.
(e)
Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors.
(f)
Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.
(Ordinance adopted 11/10/20; Ordinance 2024-O-005 adopted 7/9/2024)
§ 4.12 Nonconforming Uses.
(1)
Purpose.
Nonconforming uses are lawful uses within a zoning district that do not conform to the requirements of this Code when it is adopted, or when any amendments thereto, take effect. The purpose of this section is to provide for recognition of such uses and procedures for bringing such uses into conformance.
(2)
Description.
(a)
Any use of property existing at the time of the passage of this section of the Code or that exists when land is annexed into the city that does not conform with regulations prescribed in the preceding sections of this Code shall be deemed a nonconforming use.
(b)
A nonconforming use of land may be continued, but if said nonconforming use is discontinued for a period of time in excess of six (6) consecutive months, any future use of said premises shall be in conformance with the provisions of this Code.
(c)
A nonconforming use of a building may be continued although such does not conform to the provisions hereof, and such use may be extended throughout the building provided no structural alterations except those required by law or ordinance age made therein.
i.
If no structural alterations are made, a nonconforming use of the building may be changed to another nonconforming use of the same or more restricted classification.
ii.
If a nonconforming use of a building is changed to a nonconforming use of a more restricted classification (ex. from high density residential to low density residential), it shall not later be reverted to the less restricted classification.
(d)
The right to maintain the nonconforming use shall be subject to such regulations related to maintenance of the premises and conditions of operation as may be reasonably required for the protection of adjacent property in the judgment of the Board of Adjustment.
(e)
A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In cases of partial destruction by fire or other causes, not exceeding fifty (50) percent of its value, the building inspector shall issue a permit for reconstruction. If greater than fifty (50) percent and less than the total the Board of Adjustment may grant a permit for repair after public hearing and having due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and of the conservation and preservation of property.
(f)
A violation of this code provision and a request for nonconforming designation or request for relief under this designation shall not create estoppels of the trial of any lawsuit which may be filed in any court.
(g)
Notwithstanding any other provisions of this chapter, any legal nonconforming use of property existing as of July 9, 2019 that does not conform to the regulations prescribed in this Code shall be deemed a non-conforming use, subject to the provisions contained in this section.
(Ordinance adopted 11/10/20)
§ 4.13 Vested Rights.
(1)
Applicability:
The provision[s] of this Section applies to any Application for Development Approval in which the Applicant claims an exemption from any provision of this Chapter based on common law or statutory vested right.
(2)
Criteria:
(a)
Common law vested rights shall be acknowledged by the City Staff after consultation with the City Attorney if the applicant for common law vested rights does not demonstrate entitlement to statutory vested rights as provided in this section. A request for such an acknowledgement must include documents establishing the criteria listed below together with an application review fee to offset the City’s costs. The City Staff may request additional relevant material prior to issuing the acknowledgement. The applicant for common law vested rights must show compliance with the following criteria for the specific project to obtain such rights:
i.
In reliance upon properly issued permits or approvals the applicant made substantial financial commitments or assumed substantial financial obligations within the purview of the activities authorized by said permit or approvals; and
ii.
The applicant proceeded in good faith, and no approvals or permits have lapsed or been revoked; and
iii.
The applicant has sufficiently and legally established any other factor that may demonstrate vested rights under State or Federal law.
(b)
Statutory Vested Rights:
No Vested Rights Determination that is requested as a basis for approval of an Application for Development Approval shall be issued unless the applicant demonstrates entitlement to common law vested rights as provided in the subsection above and demonstrates compliance with the following criteria for statutory vested rights:
i.
The applicant used its property or filed an application as provided in Texas Local Government Code Section 43.002 prior to annexation by the City of Blanco, and the regulations against which vested rights are claimed are not subject to an exemption as provided in Texas Local Government Code Section 43.0002 (c).
ii.
The applicant filed an application as provided in Texas Local Government Code Chapter 245 prior to adoption of the regulations pursuant to which vested rights are claimed, that the regulations which are the basis for the claim of vested rights are not subject to an exemption as provided in Texas Local Government Code Section 245.004 and that the project has not become dormant as defined in Texas Local Government Code Section 245.005 and this Chapter.
(3)
Consent Agreements:
(a)
Any Applicant for Vested Rights Determination may apply for Consent Agreement Approval provided that the requirements of subsection (d) of this Section [sic] are satisfied or the required approval is for one (1) or more, but less than all phases of the proposed development.
i.
An application for Consent Agreement Approval may be approved subject to compliance with requirements of a Consent Agreement.
ii.
An application for a Consent Agreement Approval may be filed concurrent with an Application for a Vested Rights Determination, or at any time prior to approval of a final decision relating to an Application for a Vested Rights Determination by the City Attorney or the City Council.
(b)
Terms and Conditions Consent Agreement shall be signed by the City Attorney, the City Staff, and the Applicant and shall include the following terms and conditions:
i.
A legal description of the subject property and the names of the legal and equitable owners;
ii.
The duration of the consent agreement and the conditions that will result in revocation;
iii.
The uses permitted on the property, including population densities and/or building intensities and height;
iv.
A description of the public facilities that will service the proposed development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure that public facilities are available concurrent with the impacts of the development;
v.
A description of any preservation or dedication of land for public purposes;
vi.
A description of all development approvals, permits, or other local or State approvals needed for the proposed development;
vii.
A description of any conditions, terms restrictions, or other requirements determined to be necessary for the preservation and protection of the public health, safety, or welfare;
viii.
A statement indication [indicating] that the omission of a limitation or restriction shall not relieve the Applicant of the necessity of complying with all applicable local, state and federal laws;
ix.
A phasing plan indication [indicating] the anticipated commencement and completion date of all phases of the proposed development; and
x.
A statement that the City Attorney and City Staff shall review progress pursuant to the consent agreement at least once every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the consent agreement.
(c)
Failure to comply with Consent Agreement:
If the City Council finds, on the basis of substantial competent evidence that the applicant has failed to comply with the terms of the Consent Agreement, the Consent Agreement may be revoked or modified by the City Council after public hearing which has been noticed by publication, and for which written notice has been expressly provided to the Applicant.
(Ordinance adopted 11/10/20; Enacted by action of the city council on 3/8/22)
§ 4.14 Recognition of Vested Rights, TLGC Chapter 245.
(1)
Purpose.
(a)
This section provides a methodology for the registration of permits, and permit applications, with the City Staff so that a determination can be made as to whether that permit or permit application is one that would afford a project with the “vested rights” as provided in Chapter 245 and Section 43.002 of the Texas Local Government Code. The purpose for such registration and determination is to assist City Staff in their review of the applicability of Chapter 245 or Section 43.002 to a particular project.
(b)
This section shall not apply to a claim or right under common law, a federal or state statue, other than Chapter 245 or Section 43.002, or the state or federal constitutions.
i.
Any claim or right made under any law or authority, other than Chapter 245 or Section 43.002, shall be made to the City Staff in writing.
ii.
The City Staff shall advise the City Attorney of the claim, and the City Attorney shall make a determination of the validity of the claim within twenty (20) days of its receipt by the City; provided, however, that the twenty (20) day period shall not begin to run until all requisite information to support the claim has been submitted.
iii.
Additionally, as provided in subsection (g) [(2)(f)] of the section, this section shall not apply to the types of ordinances, or other governmental action, enumerated in VTCA Local Government Code Section 245.004 or exempt from the requirements of Local Government Code Section 43.002.
(2)
Vested rights recognition process:
(a)
Initiation:
An application may be made to the City Staff for recognition of vested rights for a particular project by completion of a form provided by the City Staff that indicates which permit or permits are being relied upon by the applicant for establishment of vested rights. The applicant shall provide the City Staff with a completed application together with a permit application review fee required by the City and two (2) copies of any document’s applicant is relying upon to establish vested rights.
(b)
Review and Approval:
i.
After receiving an application for recognition of vested rights, the City Staff shall review the application and approve, deny or request additional information to be provided by the applicant for consideration within twenty (20) business days.
ii.
Should the permit, which is the basis for vested rights recognition, have been issued by a governmental agency other than the City, the City Staff shall request the City Attorney to determine whether the permit establishes rights under Chapter 245 of the Texas Local Government Code.
iii.
In the event the City Staff does not respond to an application for vested rights within (20) business days, the application will be considered denied. Provided, however, the time period may be extended upon the written request of the applicant.
iv.
Upon review of the application, if the City Staff finds that the applicant has provided sufficient information to establish that one (1) or more legally sufficient and applicable permit(s) exists on a project, the City Staff shall issue a certificate to the applicant recognizing vested rights for the project which shall be dated and signed by the City Staff.
v.
The City Staff shall review all certificates prior to issuance to ensure it clearly indicates the term and conditions (indicated above) required for the continuation of the recognition of the vested rights.
vi.
In the event the City Staff requests additional information for consideration of an application, the applicant shall be notified in writing within the required time period of specifically what information must be submitted in order to complete the review of the application.
vii.
Should the application be denied, the City Staff may enumerate in writing any and all reasons for such denial, which shall be delivered to the applicant within the time period allowed for review.
(c)
Recordation:
The City Staff shall create a file of all certificates issued pursuant to this Section of the Code that will be available for the public’s review during regular business hours. At a minimum the file should contain all certificates issued for a three-calendar-year period and should be reviewed annually to remove certificates more than three (3) years old. Certificates more than three (3) years old may be made available in conformance with the Public Information Act.
(d)
Vested rights recognition process appeal:
In the event an applicant for recognition of vested rights is denied recognition of a vested right by the City Staff and is aggrieved by such action or by the application of the above requirements, the applicant may appeal the decision of the City Staff to the City Council by filing a request for appeal with the City Staff within fifteen(15) calendar days from the date the applicant is notified of the adverse decision or action taken. The application for appeal shall be made in writing and shall contain the applicant’s factual and/or legal rationale for the appeal. The City Staff shall place the appeal on the next agenda of the City Council and the City Council shall hold a hearing on the appeal and make its ruling within thirty (30) days from the date the hearing is held by the City Council. The city clerk shall schedule the hearing of the final appeal at the earliest regularly scheduled meeting of the City Council and comply with the requirements of the Texas Open Meetings Act. The decision of the City Council shall be final.
(e)
Waiver:
i.
An individual, or business entity, that has applied for a vested rights determination may request a waiver from the time limit required action, or term that would otherwise cause the vested rights to expire. An individual requesting a waiver shall make written application to the City Staff and pay the required fee. A request for waiver shall identify the specific provisions for which a waiver is being requested and the reasons that justify granting the waiver. The City Staff shall review the application for waiver and provide a written recommendation with regard to whether the waiver should be granted, conditionally granted or denied to the City Council within thirty (30) days from the date the application for waiver is filed. In the event the City Council fails to make a ruling on the waiver within sixty (60) days from the date the application for waiver is filed, the application for waiver shall be deemed denied. Provided, however, the time period may be extended upon the written request of the applicant. In order to grant a waiver from the provisions of this section, the City Council must find, that:
1.
The applicant would suffer a hardship in the absence of a variance that is not the result of the applicant’s own negligence; and
2.
The applicant has been actively and diligently attempting to pursue and complete development of the project that is the subject of the vested rights; and
3.
Compliance with rules and regulations that were enacted after the application for recognition of vested rights would cause a substantial economic hardship to the developer/property owner that would preclude the capability of completing the project in a reasonable and prudent manner.
ii.
The City Staff shall schedule the hearing of the appeal at the earliest regularly scheduled meeting of the City Council that will allow compliance with the requirements of the Texas Open Meeting Act. The decision of the City Council shall be final.
(f)
Exemption from vested rights:
i.
The types of ordinances enumerated in Local Government Code Section 245.004 are exempt from this section and will apply to a project or ordinance or the existence of vested rights for the project.
ii.
Future ordinances:
Any ordinance that concerns the development of real property and is adopted after the adoption of this Code, which incorporates this section into the Code, may specifically state whether it is the type of ordinance that is exempted by Section 245.004. However, the absence of such a statement shall not be determinative as to whether the ordinance is or not exempted.
iii.
Existing ordinances:
The section shall not be applicable to any ordinance that concerns the development of real property; as adopted prior to the adoption of this chapter and is exempted by Section 245.004 from the protection provided by Chapter 245.
iv.
Determination by City Attorney:
Should a question arise as [to] Government Code Chapter 245 the City Staff shall request an opinion from the City Attorney and the City Attorney shall render a decision.
(g)
Duration:
This section shall not extend the time of validity for any permit. Any rights recognized by the application of this section shall not extend beyond the time periods prescribed for the validity of the permit or permits that were submitted for recognition except by the granting of a variance from the time limit as provided herein.
(h)
Voluntary compliance:
Nothing herein would prohibit any applicant from the voluntary compliance with any future ordinance, regulation or incentive.
(i)
Chapter 245 of Texas Local Government Code adopted.
Chapter 245 of the Texas Local Government Code, As adopted in 2001 by the 77th Legislature Regular session is hereby adopted and incorporated by reference herein. Should 245 be repealed by the Legislature it shall remain effective as part of this Code for one year from the date of such repeal. During said period City Council shall take action it deems necessary to provide municipal protection for ongoing projects from the adverse impact of unanticipated subsequent regulations.
(Ordinance adopted 11/10/20)
§ 4.15 Mobile Food Vendors.
(1)
General.
(a)
Purpose.
This section is adopted so that the city council may enact the appropriate administrative and regulatory rules and procedures pertaining to mobile food vendors.
(b)
Scope of jurisdiction.
All of the provisions of this article shall apply within the city limits (i.e., incorporated municipal boundary) of the city.
(c) City. City limits. Food court. Food establishment.i. ii. iii. Location. Mobile food establishment. Mobile store/mobile vendor. Permit. Person. Site.
Definitions.
The City of Blanco, a municipality located in Blanco County, Texas.
The incorporated municipal boundary of the city.
Two or more mobile food vendors in the same location.
An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:
Such as a restaurant; retail food store; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and
That relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
Exemptions: Non-profit food distribution organizations such as Good Samaritan food distribution, Meals on Wheels, and Lunches of Love.
Any place a food vendor parks to initiate business shall be considered a location.
A vehicle-mounted food establishment that is readily moveable.
A vehicle-mounted retail store that is readily moveable and provides goods and/or services directly to a consumer. A mobile store includes (but is not limited to) a self-propelled motor vehicle or trailer, including a recreational vehicle, motor home, travel trailer or camper trailer. A mobile food establishment is an example of a mobile store. The term mobile store includes a mobile vendor.
A license, certificate, approval, registration, consent, contract or other form of authorization required by law, rule, regulation, order or ordinance that a person shall obtain to perform an action or initiate, continue, or complete a project for which the permit is sought.
A human individual, agency, association, corporation, partnership or sole proprietorship.
A platted or unplatted lot in the city limits treated as a single tract for purposes of the assessment of property taxes. A site may be identified by its address, or legal property description.
(d)
Electricity.
Electricity shall be only from a generator or an electrical outlet via a portable cord that conforms to the city’s electrical code and permitted by any provider.
(f)
Trash.
All mobile food vendors shall:
i.
Be equipped with an attached trash receptacle approved by the City staff;
ii.
Hold, store, and dispose of solid and liquid waste in a receptacle approved by the city and that complies with any other applicable City code requirements;
iii.
Provide a trash receptacle for use by customers; and
iv.
Maintain the area around the mobile unit clear of litter and debris at all times.
(g)
Provisions.
i.
All mobile food vendors shall comply with all City and state adopted health regulations regarding:
1.
Time, temperature, plumbing, operation and maintenance requirements for mobile food establishments;
2.
A mandatory central preparation facility, serving area, and operations;
3.
All requirements prohibiting alteration, removal, attachments, placement or change in, under, or upon the mobile food establishment that would prevent or otherwise reduce ready mobility of the mobile food establishment unit.
4.
All sanitary requirements must be met,
ii.
All mobile food vendors shall acquire a food handling permit from a training program of the American National Standards Institute or Department of State Health Services; but rules are more substantial, as deemed appropriate by the city, if vendor is at a same location for at least 10 days out of a month.
iii.
If any mobile food vendor remains at a same location for longer than 10 days, a special use permit is required.
iv.
The city may require a mobile food vendor to come, on an annual basis, to a location designated by the health authority for an inspection.
v.
The city may require that mobile food vendors found to violate this section shall come for a reinspection at a location designated by the city.
vi.
All mobile food vendors are required to store all food and supplies within the mobile unit or associated trailer/truck bed.
vii.
All mobile food vendors are required to have displayed on the mobile unit the proper city-issued permits and licenses in order to operate within the city.
viii.
All mobile food vendors are permitted to operate only in the zoning districts specified in UDC Chapter 4, Table 4.2: Use Table.
ix.
All mobile food vendors are prohibited from operating between the hours of 11:00 p.m. and 6:00 a.m. unless allowed to operate between those hours for a special reason by permit.
x.
All mobile food vendors are prohibited from being located within 150 feet of a restaurant (drive-in service; with drive-through service; with no drive-through service) unless granted permission from all said restaurants. The noise level of mechanical equipment or outside sound equipment used in association with any mobile food vendor may not exceed 70 decibels when measured at the property line that is across the street from or abutting a residential use. An exemption to this provision for permission is made when a mobile food vendor is set up for and during the occurrence of a temporary and City-sanctioned festival and/or musical or art event, in which case a permit is covered by the event.
xi.
A drive-in service is not permitted for any mobile food vendor.
xii.
All mobile food vendors are limited to signs attached to the exterior of the mobile vendor. This does not include signage that wraps around a vehicle, for which there is no limitation. The signs attached to the exterior of the vehicle shall:
xiii.
All mobile food vendors shall comply with the federal Americans with Disabilities Act.
(h)
Mobile food courts.
i.
Permanent food courts authorized by special use permit.
A Special Use Permit (SUP) is required to establish a permanent food court, following procedures for a Special Use Permit (SUP) is required to establish a permanent food court, [sic] following procedures for SUPs in the City Code of Ordinances.
(2)
Special Event Temporary Food Court.
A mobile food court at which a mobile food vendor shall be in place for no more than 10 days may apply for a mobile food court permit without applying for a special use permit, but only in districts in which a mobile food court is allowed in the Use Chart. Temporary food courts shall provide all information required by the Permit Application before establishing the temporary food court.
(3)
Enforcement.
(a)
Civil and criminal penalties.
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
(b)
Criminal offense.
i.
It is a criminal offense to erect, install, park or operate a mobile food store in violation of this article.
ii.
Per section 6.02(b) of the Texas Penal Code, an offense under this article is a strict liability offense requiring no showing of a culpable mental state.
iii.
An offense under this article is a misdemeanor punishable by a fine not to exceed two thousand dollars ($2,000.00).
(c)
Civil remedies.
Nothing in this article shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including, but not limited to the following:
i.
Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article;
ii.
A civil penalty up to five hundred dollars ($500.00) a day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and
iii.
Other available relief.
(4)
Permits, Prohibitions, and Exceptions.
(a)
City authority.
The city’s acceptance, review, and approval of all permits for mobile vendors is hereby enacted.
(b)
Permit required.
i.
It is an offense for a person to operate a mobile food store in the city limits without a mobile food vendor permit.
ii.
It is an offense for a person to conduct sales at a mobile food store in the city limits without a mobile food vendor permit.
iii.
It is an offense for a person to erect or install a mobile food store in the city limits without a mobile food vendor permit.
(c)
Permit application.
A person who seeks to operate a mobile food establishment, including a mobile food vendor or a mobile food court, shall:
i.
Submit a written application to the city, which shall include the following information:
1.
Zoning District for proposed mobile food vendor location
2.
Map of location and diagram/concept plan
3.
Proposed Signage
4.
Copy of event permit, if applicable
5.
Parking plan
6.
Access to roads/driveways
7.
Any variances or special exceptions being requested
8.
Utilities specifications (gas, electricity)
9.
SUP application if mobile food vendor will stay at same location for over ten (10) consecutive days
10.
Bathroom access
11.
Proposed hours and days of operation
12.
Solid waste disposal (both for mobile food vendor and trash receptacle for patrons)
13.
Location and name of individual mobile food vendors, if more than one vendor is requested.
14.
Additional information as required by staff if deemed necessary
(5)
Tax certificate.
Mobile food vendors shall possess during hours of operation a city tax certificate showed as paid.
(6)
Permit revocation.
A vendor’s mobile food vendor permit shall be revoked if any of the provisions of this article are not strictly adhered to.
(7)
Special Use Permits for Mobile Food Vendors.
(a)
Special Use Permits are required for any mobile food vendor that remains at a same location for longer than 10 days. Regulations for SUPs that mobile food vendors must adhere to are as follows:
Description: A special use is a land use that, because of its unique nature, is compatible with the permitted land uses in a given zoning district only under certain conditions. Such conditions include a determination that the external effects of the special use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of additional standards and conditions. This subsection sets forth the standards used to evaluate proposed special uses and the procedures for approving Special Use Permit (SUP) applications.
(b)
SUP Required:
No special use for a mobile food vendor that remains for longer than ten days shall be established within a zoning district until a Special Use Permit is issued by the City. An application for a Mobile Food Vendor SUP shall be accompanied by a site plan prepared in the manner described in this section. The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth below in this section.
(c)
Status of a Special Permitted Mobile Food Vendor Use:
i.
The designation of the mobile food vendor use in a zoning district as a special use does not constitute an authorization or assurance that such use will be approved.
ii.
Approval of a SUP shall authorize only the particular mobile food vendor for which the specific SUP is issued.
iii.
No mobile food vendor authorized by a SUP shall be enlarged, extended or relocated, nor may the number of mobile food vendors be increased, unless an application is made for approval of a new SUP in accordance with the procedures set forth in this Section.
iv.
Development of the mobile food vendor shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code of Ordinances, or any permits required by regional, State and Federal agencies.
(d)
Application for SUP:
Application Requirements: An application for a SUP may be submitted by the property owner or by the property owner’s designated representative to the City. The application shall be accompanied by a site plan prepared in accordance with the requirements of this Chapter. If a zoning amendment is required or requested in writing, such application shall accompany the application for a SUP.
(e)
Procedures for SUPs:
i.
P&Z Recommendation:
Upon receipt of the recommendation from the City Administrator or Mayor, the P&Z shall conduct a public hearing in order to formulate its recommendations to the City Council on the SUP application. Following the public hearing, the P&Z shall recommend approval, approval subject to modification, or denial of the proposal to the City Council. If the appropriateness of the use cannot be assured at the location, the P&Z shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district. P&Z Recommendation will not be used for non-permanent food court/mobile food vendors for city-sponsored events.
ii.
City Council Action:
The City Council shall be the final decision-maker on applications for SUPs. Following a public hearing, and in consideration of the P&Z’s recommendations, the City Council shall approve, modify or deny the proposal for a SUP. If the appropriateness of the use cannot be assured at the location, the application for SUP shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.
(f)
Standards: Factors for Consideration:
When considering applications for a SUP for mobile food vendor, the P&Z and the City Council shall evaluate the impact of the special use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the mobile food vendor at a particular location. Decisions shall be rendered on the basis of the site plan and other information submitted. The P&Z and the City Council shall specifically consider the extent to which:
i.
The proposed use at the specified location is consistent with the policies embodied in the Comprehensive Concept Plan;
ii.
The proposed mobile food vendor is consistent with the general purpose and intent of the applicable zoning district regulations;
iii.
The proposed use meets all development, utility, and infrastructure standards specifically applicable to the use, as established in Chapter 6: Infrastructure and Public Improvements of the UDC;
iv.
The proposed mobile food vendor is compatible with and preserves the character and integrity of adjacent development and neighborhoods.
v.
The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.
(8)
Conditions:
In approving the application, the P&Z may recommend, and the City Council may impose such conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this Section. Any conditions imposed shall be set forth in the motion approving the special use and shall be incorporated into or noted on the site plan for final approval. The City Administrator or designee shall verify that the site plan incorporates all conditions set forth in the special use and shall sign the plan to indicate final approval. The City shall maintain a record of such approved special uses and the site plans and conditions attached thereto.
(9)
Expiration, Extension and Termination:
The expiration, extension and termination of a SUP shall be governed by the following rules:
(a)
A SUP may be approved for a term not to exceed two (2) years.
(b)
SUPs for existing uses and/or structures may be renewed for successive two (2) year periods by the City Admin or Mayor.
(c)
Extension of SUP:
If a SUP expires, or if the requisites of subsection (b) above are not met, two (2) extensions of six (6) months each in length may be granted, unless otherwise specified by ordinance. If no request for extension of a SUP is submitted, then the SUP shall be null and void.
(d)
Determination of Extension:
In determining whether to grant a request for extension of a SUP, the City Council shall take into account the following factors:
i.
Reasons for the lapse;
ii.
Ability of the property owner to comply with any special conditions attached to the original approval;
iii.
Extent to which development regulations would apply to the plan at that point in time;
iv.
History of code compliance at the premises;
v.
Consistency of the SUP with the current Comprehensive Plan.
The City Council shall either extend the SUP or deny the request, in which instance the originally approved SUP shall be deemed null and void. The property owner may thereafter submit a new plan application for rezoning or a SUP and shall conform to the regulations then in effect. |
(e)
Revocation:
The City Administrator may revoke a SUP for failure to comply with municipal regulations and the conditions placed on the use.
(f)
Amendment:
No proposed or existing mobile food vendor shall be altered, or otherwise changed from that approved in the special use permit, unless such amendment is authorized in accordance with the standards and procedures set forth in this Section, and the SUP and approved site plan are amended accordingly.
(g)
Transferability:
A SUP is issued to a specific person or entity, and as such is nontransferable. A SUP is personal to a particular applicant. It does not run with the land. Subsequent purchasers or tenants seeking to continue the special use on the premises may apply for a new SUP.
(10)
Food Courts:
(a)
Food Courts Authorized by Special Use Permit.
Any Food Court shall obtain a special use permit as listed above before establishing a Food Court and shall submit all information required by the Permit Application to the City before the City shall review its application for a Special Use Permit.
(b)
Portable Restrooms.
All mobile food vendor courts with multiple vendors set up shall provide city-approved portable restrooms for customers.
(c)
Special Event Temporary Food Court.
A mobile food court at which no mobile food vendor shall be in place for more than 10 days may apply for a mobile food court permit without applying for a special use permit, but only in districts in which a mobile food court is allowed in the Use Chart. Temporary food courts shall provide all information required by the Permit Application before establishing the temporary food court.
(11)
Currently Operating Mobile Food Vendors.
(a)
Any mobile food vendor who has been continuously operating within the City of Blanco for two (2) years prior to September 2018 has until September 2021 to come into compliance with the permit application and location requirements of this ordinance. In order to be eligible for deferral of compliance the Mobile Food Vendor shall:
(b)
All mobile food vendors shall still comply with all other City ordinances including those related to health inspections for restaurants.
(Ordinance adopted 11/10/20; Enacted by action of the city council on 3/8/22)