1. (1)
   Legislative applications prior to final decisions on all other applications;
2. (2)
   Quasi-judicial applications prior to final decisions on subdivision or administrative applications; and,
3. (3)
   Subdivision applications prior to final decisions on administrative applications.

Purpose.  The purpose of a pre-application conference is to familiarize the applicant with the submittal requirements and review procedures, including all applicable standards and any known constraints, hazards, or special conditions associated with the subject property.

1. (1)
   The location of the project;
2. (2)
   The proposed uses (in general terms);
3. (3)
   The proposed arrangement of buildings, parking, site access points, proposed open spaces, and drainage facilities;
4. (4)
   The relationship to existing development;
5. (5)
   Generally, the presence of natural resources, open water, floodplains, and floodways on the parcel proposed for development; and,
6. (6)
   Any other conditions or items that the applicant believes are relevant to the processing of the application.

Forms and Fees.  Every development review application required by this ULDO shall be submitted in a format and in numbers established by the Director of Planning and Development (Director) and shall include the corresponding application fee that is established by the City Council.

Final Decision or Distribution.  After completeness determination, the appropriate administrative body shall complete the review responsibilities in accordance with Section 14.06.210-1, Development Review Summary Table, including the following:

1. (1)
   Review and Comment.  Review the administrative application and provide comments to the applicant, which may include required revisions based on the requirements of this ULDO and other adopted standards. 
2. (2)
   Review and Decide.  Review and make a final decision on the administrative application.
3. (3)
   Distribute.  Distribute the legislative, quasi-judicial, or subdivision application to the appropriate administrative body or outside agency, including, but not limited to, utilities and school districts, for recommendation or final decision.

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

1. (1)
   Administrative Applications.  If the application is for a review procedure addressed in Section 14.06.300, Administrative Review Procedures, then the City staff member denoted in Table 14.06.210-1, Development Review Summary Table, shall approve, conditionally approve, or deny the application, as appropriate.
2. (2)
   Legislative, Quasi-Judicial, and Subdivision Applications.  If according to Table 14.06.210-1, Development Review Summary Table, the application requires a public meeting or public hearing prior to a final decision, then the applicable City staff member shall forward a recommendation to the appropriate governmental body who will consider it for further recommendation or final decision.  

1. (1)
   Required Notice.  Table 14.06.205-1, Required Notice, sets out the specific notice requirements for each type of application where notice is required.
2. (2)
   Open to Public.  All public hearings shall be open to the public except as otherwise provided in Texas Local Government Code (TLGC) Chapter 551, Open Meetings.  However, not all decisions require public hearings.

1. (1)
   Publication Notice.  When required, published notice shall be provided in a local publication of record in accordance with the requirements of the TLGC, Chapter 211. 
2. (2)
   Mail.  When required, mailed notice shall be provided to each property owner, as indicated by the most recently approved municipal tax roll of real property.

1. (1)
   Public Meeting Required.  Any legislative, quasi-judicial, or subdivision application that does not require a public hearing prior to a final decision requires a final decision to be made at a public meeting.  Requests that may be approved at a public meeting may be docketed on the consent agenda. 
2. (2)
   Consent Agenda.  Any appointed or elected administrative body may establish a consent agenda.  The consent agenda may consist of all matters brought before the body for final decision that do not require a public hearing.  All items on the consent agenda may be approved simultaneously by motion without comment or debate.  An item may be removed from the consent agenda prior to the approval at the request of any member of the administrative body present at the meeting, or by the Director of Planning and Development.  Items removed from the consent agenda shall be considered as individual items on the regular agenda.

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

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

1. (1)
   Director Review and Approval.  An approved but unrecorded final plat, minor plat, or replat that is found to contain an insignificant error, including, but not limited to, scriveners errors or typographical errors, or the addition, deletion, or relocation of easements, may be corrected by the applicant, upon approval by the Director.
2. (2)
   Amending Plat.  Any correction of a recorded plat shall be in accordance with Subsection 14.06.303, Minor or Amending Plat. 

1. (1)
   Stale.  An unapproved application becomes "stale" after 45 days from receiving review comments if the applicant fails to completely address the comments and allow further processing of the application, unless the Director of Planning and Development (Director) determines that the applicant is actively pursuing action to address such comments.  If the Director makes such a determination, then the application becomes stale 90 days after the date of receipt of the comments if the applicant fails to completely address the comments.
2. (2)
   Void.  Stale applications automatically become null, void, and expired without further notice 30 days after the date when they became stale if the applicant fails to take action or to request an extension of time.

1. (1)
   Request.  Prior to the expiration of an approved application or unapproved stale application, the applicant may request in writing an extension of the expiration date of up to six months.
2. (2)
   Amendments.  If the City Council amends this ULDO or adopts other applicable regulations during the period of time when the application was stale, the application shall:

   1. (a)
      Not be subject to compliance to the new regulations until the original application is considered to be voided; and,
   2. (b)
      Become subject to the new regulations and ordinances if the period of time to request an extension lapses.

Generally.  Procedures for obtaining approval pursuant to this ULDO are summarized in this Section.

1. (1)
   Changes of Modifications.  An administrative adjustment may allow small changes or modifications to certain standards of a proposed development that may be approved by the Director of Planning and Development (Director).
2. (2)
   Percentage.  The Director may approve minor modifications of any numeric standard in this ULDO up to a maximum of 10 percent when there are practical difficulties in applying the development standards for a project that otherwise complies with the standards of this ULDO.
3. (3)
   Variance Reference.  Requested adjustments greater than 10 percent shall be submitted and reviewed as a variance in accordance with Subsection 14.06.501, Variance. 

1. (1)
   Review and Decision.  In determining whether to approve, approve with conditions, or deny a site development plan, the review bodies shall consider the applicable common decision criteria in Subsection 14.06.204 and the following:

   1. (A)
      Maximum Percentage.  The requested adjustment does not exceed 10 percent of the minimum requirements.
   2. (B)
      Hardship.  The hardship, if any, under which the adjustment is sought, was not created by the owner or occupant of the subject property, nor was it suffered as a result of a violation of this ULDO or any other applicable code of the City.
   3. (C)
      Minimum Necessary.  The adjustment shall be the minimum necessary to grant relief from a demonstrated hardship.
   4. (D)
      Adjoining Property.  The adjustment shall not substantially impair the permitted use or development of adjoining property.
2. (2)
   Affirmative Findings.  In order to approve an administrative adjustment, the final decision-making body shall make affirmative findings on all of the applicable decision criteria. 

Generally.  In addition to the applicable required procedures in Section 14.06.200, Common Review Procedures, the following shall apply to site development plans.

1. (1)

   Residential.  Construction of single- or two-family residence in an improved subdivision or on an unplatted parcel; and,

2. (2)

   Emergencies.  Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.

1. (1)
   Land Uses.  Prior to development of any use or structure other than single-family (excluding manufactured homes), duplexes, or townhouse residential development, a site plan shall be approved by the City in accordance with this Subsection.
2. (2)
   Approval Required.  No development described in subsection (d)(1) above, shall be lawful or permitted to proceed without final site plan approval.  A site plan approved as part of a special use permit shall be considered a site plan approval.

1. (1)
   Review and Decision.  In determining whether to approve, approve with conditions, or deny a site development plan, the review bodies shall consider the applicable common decision criteria in Subsection 14.06.204 and the following: 

   1. (A)
      Safe and convenient traffic control, handling, and vehicle queuing;
   2. (B)
      Assured pedestrian safety which may include the provision of sidewalks along the perimeter of the property;
   3. (C)
      Efficient and economic public utilities;
   4. (D)
      Public road or street access;
   5. (E)
      Safe and efficient internal access including public, private, or emergency;
   6. (F)
      Adequate parking and maneuvering areas;
   7. (G)
      Noise control measures that comply with Chapter 8, ARTICLE 8.04, Noise, of the City's Code of Ordinances;
   8. (H)
      Runoff, drainage, and flood control;
   9. (I)
      Visual screening of areas offensive to the public or adjacent developments such as detention areas, retaining walls, utilities, and solid waste facilities;
   10. (J)
       Compliance with ARTICLE 14.03, Subdivision Standards;
   11. (K)
       Clear indication of what constitutes the building plot for purposes of signage; and,
   12. (L)
       Location and density of buildings or dwellings where topography or characteristics of the site compel a lower density than would otherwise be allowed or require location consistent with accepted engineering practices and principles.
2. (2)
   Affirmative Findings.  In order to approve a site development plan, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1. (1)
   Minor Plat.

   1. (a)
      The purpose of a minor plat is to allow for the administrative approval of the subdivision of property into four or fewer lots if the subject property fronts on an existing public street with no need to dedicate new public right-of-way or extend public utilities. 
   2. (b)
      Any plat that requires a waiver in accordance with Subsection 14.06.606, Waiver, shall require review by the Planning and Zoning Commission. 
2. (2)
   Amending Plat.  An amending plat is any plat meeting the definition in Texas Local Government Code (TLGC) Section 212.016.

1. (1)
   Review and Decision.  In determining whether to approve, approve with conditions, or deny a minor or amending plat, the review bodies shall consider the applicable common decision criteria in Section 14.06.200 and the following: 

   1. (a)
      Number of Lots.  The minor plat is proposed for the creation of four or fewer lots. 
   2. (b)
      Existing Street.  Each lot in the minor plat has frontage on an existing public street without the need for the creation or extension of a new public street. 
   3. (c)
      Existing Utilities.  Existing public utilities of adequate capacity serve the entirety of the subject property in the minor plat without the need for extension. 
   4. (d)
      TLGC Reference.  The purpose of the amending plat is solely one or more of those listed in TLGC Section 212.016.
2. (2)
   Affirmative Findings.  In order to approve a minor plat or amending plat, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1. (1)
   Review and Decision.  In determining whether to approve, approve with conditions, or deny construction plans, the review body shall consider the applicable common decision criteria in Section 14.06.200, Common Review Procedures, and conformance to the specifications as adopted by the City or as required by the Director.
2. (2)
   Affirmative Findings.  In order to approve construction plans, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1. (1)
   Review and Decision.  In determining whether to approve, approve with conditions, or deny a building permit, the review body shall consider the applicable common decision criteria in Section 14.06.200, Common Review Procedures, and the proposal complies with the City's Building Code.
2. (2)
   Affirmative Findings.  In order to approve a building permit, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1. (1)
   Recorded Plat.  The subject property is part of a plat recorded with the Hutchinson County Clerk; or,
2. (2)
   Improvements.  Required or proposed improvements associated with a final plat under review have been either installed or guaranteed in accordance with Subsection 14.03.302, Installation and Guarantees. 

1. (1)
   ​​​​​​Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures;
2. (2)
   Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;
3. (3)
   A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Subsection 14.04.203(c), Nonresidential Construction;
4. (4)
   A description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and,
5. (5)
   The Floodplain Administrator shall maintain a record of all such information in accordance with Subsection 14.05.107(b)(1). 

1. (1)
   Review and Decision.  In determining whether to approve, approve with conditions, or deny a floodplain development permit, the review bodies shall consider the applicable common decision criteria in Section 14.06.200, Common Review Procedures, and the following:

   1. (A)
      Danger to Life and Property.  The danger to life and property due to flooding or erosion damage;
   2. (B)
      Susceptibility to Flood Damage.  The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
   3. (C)
      Sweeping of Material.  The danger that materials may be swept onto other lands to the injury of others;
   4. (D)
      Compatibility.  The compatibility of the proposed use with existing and anticipated development;
   5. (E)
      Emergency Access.  The safety of access to the property in times of flood for ordinary and emergency vehicles;
   6. (F)
      Costs of Governmental Services.  The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges and public utilities and facilities, such as sewer, gas, electrical, and water systems;
   7. (G)
      Expected Floodwaters.  The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
   8. (H)
      Waterfront Necessity.  The necessity to the facility of a waterfront location where applicable;
   9. (I)
      Alternative Locations.  The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and,
   10. (J)
       Future Land Use.  The relationship of the proposed future use as adopted in the Comprehensive Plan for that area. 
2. (2)
   Affirmative Findings.  In order to approve a floodplain development permit, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1. (1)
   Standards and Specifications.  In determining whether to approve, approve with conditions, or deny a driveway permit, the review body shall consider the applicable common decision criteria in Subsection 14.06.204 and the specifications as adopted by the City or as required by the Director. 
2. (2)
   Affirmative Findings.  In order to approve a driveway permit, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1. (1)
   Review and Decision.  In determining whether to approve, approve with conditions, or deny an on-site water or wastewater permit, the review body shall consider the applicable common decision criteria in Subsection 14.06.204 and the following:

   1. (A)
      Economic Feasibility.  The subject property is located in an area that is impractical or economically infeasible to connect to the City’s centralized water distribution and/or wastewater collection system.
   2. (B)
      Master Plans.  The proposal complies with the City’s water distribution and/or wastewater collection system master plans;
   3. (C)
      Environmental Factors.  The suitability of the soil conditions, topography, and other environmental factors affecting the development for the installation of the individual on-site wastewater disposal systems;
   4. (D)
      Lot Characteristics.  The total number of lots, size of lots, and overall density of the development is suitable for on-site water or wastewater;
   5. (E)
      Impact on Surroundings.

      1. (i)
         The impact on surrounding properties and environmentally sensitive areas adjacent to the development is minimal and buffer areas are available;
      2. (ii)
         The impact on surrounding properties' ability to develop with suitable access to water and/or wastewater facilities is minimal; and,
2. (2)
   Affirmative Findings.  In order to approve an on-site water or wastewater permit, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1. (1)
   Demolition.  Removal of a sign if the applicant obtains a demolition permit for the structure on which the sign is mounted;
2. (2)

   Changing Copy.  Changing of permanent or changeable copy on an approved sign; and,

3. (3)

   Maintenance.  Ordinary maintenance, repair, painting, repainting, or cleaning of a sign that does not involve structural changes or modifications.

1. (1)
   Review and Decision.  In determining whether to approve, approve with conditions, or deny a sign permit, the review body shall consider the applicable common decision criteria in Section 14.06.200, Common Review Procedures,  and if the proposal complies with Section 14.02.500, Signs.
2. (2)
   Affirmative Findings.  In order to approve a sign permit, the final decision-making body shall make affirmative findings on all of the applicable decision criteria. 

Emergencies.  In an emergency situation, a property owner may initiate work without first applying for a sign permit; however, the owner shall apply for a Sign Permit within 24 hours after the first working day.

1. (1)
   Review and Decision.  In determining whether to approve, approve with conditions, or deny a temporary use permit, the review bodies shall consider the applicable common decision criteria in Subsection 14.06.204, Common Decision Criteria, and the use or structure conforms to the standards set out in Subsection 14.01.310, Temporary Uses and Structure Standards, and is compliant with other requirements in the City's Code of Ordinances.
2. (2)
   Affirmative Findings.  In order to approve a temporary use permit, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1. (1)
   Hours of Operation.  The modification or restrictions on hours of operation;
2. (2)
   Clean Up.  Posting of a performance bond to ensure clean up and removal of signs, equipment, trash, and other similar items; or,
3. (3)
   Attendance.  Limitations on the attendance of an event.

1. (1)
   Occupancy and use of a new building hereafter erected or structurally altered existing building;
2. (2)
   Change in use of an existing building to a use of a different classification;
3. (3)
   Occupancy and use of vacant land; or,
4. (4)
   Change in the use of land to a use of a different classification. 

Specific Decision Criteria. 

1. (1)

   Review, Decision, and Findings.  In determining whether to approve, approve with conditions, or deny a certificate of occupancy, the review body shall consider the applicable common decision criteria in Subsection 14.06.204, Common Decision Criteria, and any other applicable standards or conditions imposed throughout the review process for the project. 

2. (2)

   Affirmative Findings.  In order to approve a certificate of occupancy, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

Standards for Interpretations.  The Director of Planning and Development (Director) may base the interpretation on:

1. (1)

   The materials or scenario posed by the applicant;

2. (2)

   The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in a dictionary of common usage; 

3. (3)

   The provisions of ARTICLE 14.09, Rules of Construction and Definitions;

4. (4)

   The purpose statement for the ULDO section that is subject to interpretation;

5. (5)

   Any provision of this ULDO, the Comprehensive Plan, Texas state law, or federal law that are related to the same subject matter;

6. (6)

   Any technical meanings of words used in the provision subject to interpretation;

7. (7)

   Other interpretations rendered by the Director associated with the same or related provisions of this ULDO;

8. (8)

   The legislative history of the provision subject to interpretation; or,

9. (9)

   Sources outside of the ULDO that provide additional information on the provision in question, such as technical or professional literature.

No Legal Advice.  No written interpretation shall be construed as legal advice.

Final Decision.  For purposes of appeal, a written interpretation is deemed a final decision. 

Recordkeeping.  The Director shall keep records of interpretations made pursuant to this Subsection, which he or she may periodically present to the Planning and Zoning Commission in accordance with Subsection 14.06.401, ULDO Text Amendment.

Specific Decision Criteria. 

1. (1)

   Review and Decision.  In determining whether to approve, approve with conditions, or deny a minor modification of an approved application, the review bodies shall consider the applicable common decision criteria in Subsection 14.06.204 and the following that apply: 

   1. (a)
      Gross Floor Area (GFA).  An addition to a structure does not exceed 10 percent of the previously approved total GFA of the structure. 
   2. (b)
      Height.  Additional height of a structure does not exceed 10 percent of the previously approved height.
   3. (c)
      Position.  A shift in a structure position is less than 10 feet. 
   4. (d)
      Density.  The overall density of the project does not increase as a result of the change in GFA, height, or position.
   5. (e)
      Condition of Approval.  The proposal does not violate a condition of approval for the original application.
2. (2)
   Affirmative Findings.  In order to issue a minor modification of an approved application, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

Generally.  In addition to the applicable required procedures in Section 14.06.200, Common Review Procedures, the following specific procedural provisions shall apply to ULDO text amendments. 

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

1. (1)
   Compatibility.  The range of uses and the character of development that is allowed by the proposed zoning district will be compatible with the properties in the immediate vicinity of the subject property. 
2. (2)
   Property Dimensions.  The subject property has sufficient dimensions to accommodate reasonable development that complies with the requirements of this ULDO, including parking and buffering requirements.
3. (3)
   Need.  The pace of development and the amount of vacant land currently zoned for comparable development in the vicinity of the subject property suggests a need for the proposed zoning district in order to ensure an appropriate inventory of land to maintain a competitive land market that promotes economic development.

Protest Against Rezoning.  A zoning map amendment shall not become effective except by a favorable vote of three-fourths of all members of the City Council if either of the following sign a valid protest against the Amendment: 

1. (1)

   Subject Property.  Owners of 20 percent or more of the land included in such proposed Amendment; or

2. (2)

   Within 200 Feet.  Owners of 20 percent of the land within 200 feet of the subject property, including any intervening public street.

1. (1)
   Review and Decision.  In determining whether to approve, approve with conditions, or deny a special use permit, the review bodies shall consider the applicable common decision criteria in Subsection 14.06.204, Common Decision Criteria, and the following: 

   1. (A)
      Generally. 

      1. (i)
         The granting of the special use permit is not injurious or otherwise detrimental to the public health, safety, and the general welfare of the general public; and,
      2. (ii)
         The granting of the special use permit is not substantially or permanently injurious to the property or improvements in the vicinity in which the property is located.
   2. (B)
      Concentration.  The special use does not create an unwanted concentration of similar special uses that is likely to discourage permitted uses by making the vicinity less desirable for them.
   3. (C)
      Location.  There is no practical alternative location where the use is permitted by right within the general vicinity of the parcel proposed for development or, if such a location exists, the proposed location is comparable or more favorable in terms of:

      1. (i)
         Providing a needed community service;
      2. (ii)
         Providing a critical mass of related and mutually supportive land uses that promote quality economic development and opportunity;
      3. (iii)
         Providing a balance of land uses, ensuring that appropriate supporting activities, such as employment, housing, leisure-time, and retail centers are in close proximity to one another; and,
      4. (iv)
         Making more efficient use of public infrastructure. 
2. (2)
   Approval.  In order to approve a special use permit, the final decision-making body shall consider all of the applicable decision criteria.

1. (1)
   Additional landscaping or buffering;
2. (2)
   Building or façade improvements;
3. (3)
   Noise abatement measures;
4. (4)
   Limitations on lighting, such as lighting curfews or restrictions on levels of illumination;
5. (5)
   Measures to control, mitigate, or direct traffic;
6. (6)
   Parking, loading, stacking, and site circulation adjustments;
7. (7)
   Restrictions on outdoor displays, sales, or storage; and/or,
8. (8)
   Restrictions on signs that relate only to the sign structure, materials, lighting, placement, size, or type, but not to the content of messages displayed (unless such messages are not protected speech).

1. (1)
   When Required.  A variance is required to approve a deviation from a standard of this ULDO that is greater than that allowed by an administrative adjustment pursuant to Subsection 14.06.301, Administrative Adjustment.
2. (2)
   Prohibitions and Exceptions.  Some requests for relief are not within the jurisdiction of the Board of Adjustment and are therefore either prohibited or not subject to this Section.  These requests are:

   1. (A)
      Use and Sign Type Variances.  Variances are prohibited that would allow a use or a sign type in a zoning district in which the use or sign is prohibited.
   2. (B)
      Variances to Other Laws or Regulations.  Variances to state or federal laws are prohibited unless such authority is expressly granted to the City.
   3. (C)
      Conditions of Approval.  An applicant may seek modifications to conditions of approval with a new application submittal.
   4. (D)
      Nonconformities.  Variances that would have the effect of making existing nonconforming structures, site improvements, parking, or landscaping conforming are prohibited.  Nonconforming situations are subject to the requirements of ARTICLE 14.07, Nonconformities.
   5. (E)
      Parking Credits and Reductions.  Adjustments to the amount of parking spaces required may be authorized in accordance with Subsection 14.02.305, Parking Credits and Reductions.
   6. (F)
      Floodplain Variances.  Variances to the requirements of Section 14.04.100, Flood Damage Prevention, and Section 14.04.200, Flood Hazard Reduction, may be authorized in accordance with Subsection 14.06.502, Variance, Floodplain.
   7. (G)
      Subdivision Standards.  Relief from the requirements of ARTICLE 14.03, Subdivision Design Standards, may be authorized in accordance with Subsection 14.06.606, Waiver. 

1. (1)
   National Register and State Inventory.  Floodplain variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this Section. 
2. (2)
   Decision Criteria.  Floodplain variances may be issued for the repair or rehabilitation of historic structures upon a determination that: 

   1. (a)
      The proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure; and,
   2. (b)
      The floodplain variance is the minimum necessary to preserve the historic character and design of the structure.

1. (1)
   Minimum Necessary.  The BOA shall only issue a floodplain variance upon a determination that the floodplain variance is the minimum necessary, considering the flood hazard, to afford relief.
2. (2)
   Prerequisites.  Floodplain variances shall only be issued upon:

   1. (a)
      Showing a good and sufficient cause;
   2. (b)
      A determination that failure to grant the floodplain variance would result in exceptional hardship to the applicant;
   3. (c)
      A determination that the granting of a floodplain variance will not result in:

      1. (1)
         Increased flood heights;
      2. (2)
         Additional threats to public safety;
      3. (3)
         Extraordinary public expense;
      4. (4)
         Creation of nuisances;
      5. (5)
         Fraud on or victimization of the public; or,
      6. (6)
         Conflict with existing local laws or ordinances.
   4. (d)
      The BOA may issue a floodplain variance for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

      1. (1)
         The criteria outlined in subsection (a)-(i) are met; and,
      2. (2)
         The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

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

1. (1)
   Stay of Proceedings.  An appeal of any order, requirement, decision, or determination shall stay all proceedings unless the Director certifies that a stay would cause imminent peril to life or property.
2. (2)
   Final Decision.  The BOA shall have the final decision-making powers of the administrative official from whom the appeal is taken.  Further appeals of the Board's decision shall be heard by a court of competent jurisdiction.
3. (3)
   No Variance.  A decision on an appeal of an administrative decision cannot grant or issue a Variance.
4. (4)
   Flood Boundary.  A decision may support, reverse, or remand an order or determination of a boundary of the special flood hazard area.

1. (1)
   Never Platted or Replatted.  That has not been platted or replatted prior to October 20, 2010, unless expressly exempted in this ULDO;
2. (2)
   Exemption from Subdividing.  For which the property owner claims an exemption from the requirements to submit a minor, amending, preliminary, or final plat or a replat;
3. (3)
   Private Access.  For which the only access is a private easement or street; or,
4. (4)
   Greater than Five Acres.  The division of which will result in parcels or lots each of which is greater than five acres in size, and where no public improvement is proposed to be dedicated or constructed.

1. (1)
   Prior Approval.  No development plat shall be required where the land to be developed has received final plat or replat approval prior to October 20, 2010.
2. (2)
   Industrial or Commercial Subdivisions.  An industrial or commercial subdivision shall be processed for review in the same manner as provided for a residential subdivision except that no individual lots need be shown on such plat and only streets, blocks, easements, and minimum building lines need be indicated.

1. (1)
   Review and Decision.  In determining whether to approve or deny a development plat, the review bodies shall consider the applicable common decision criteria in Subsection 14.06.204 and the following:

   1. (a)
      Safety Hazard.  The proposed development will not create a safety hazard on a public roadway (such as by not providing adequate on-site parking or vehicle maneuvering space for a restricted access/gated entrance).
   2. (b)
      Public Improvements.  Appropriate agreements for acceptance and use of public improvements to serve the development have been tendered.
   3. (c)
      Standards and Specifications.  The proposed development conforms to the design and improvement standards contained in the specifications as adopted by the City or as required by the Director of Planning and Development.
2. (2)
   Required Approval.  If the applicable decision-making body finds that a development plat complies with all applicable decision criteria, then it is required to approve the plat.

1. (1)
   30-Day Deadline.  The Planning and Zoning Commission (Commission) shall make a final decision on the preliminary plan at a regularly scheduled meeting held within 30 days of the date the plan is submitted.  This deadline may be extended an additional 30 days if the applicant requests or consents in writing to the extension to act upon the plan.
2. (2)
   No Action.  If no action is taken by the Commission at the end of the 30-day period,  without the request or consent of an extension, the plan shall be deemed to have been approved.
3. (3)
   Required Approval.  If the Commission finds that the preliminary plan complies with all applicable decision criteria, then it is required to approve the plan.

1. (1)
   Next Steps.  Approval of a preliminary plan shall allow the applicant to proceed with the submission of construction plans and application for final plat approval.  Construction plans shall show that the proposed public infrastructure is adequately sized and designed prior to final plat approval.
2. (2)
   Grant of Approval.  Approval of the preliminary plan shall be deemed general approval of the subdivision's layout only and shall not constitute approval or acceptance of a final plat.
3. (3)
   No Public Dedication.  Approval of the preliminary plan shall not constitute the acceptance of any public improvements or the creation and granting of any easements.

1. (1)
   Avoidance.  A final plat shall generally not exclude land that could otherwise be included for the purpose of avoiding requirements of this ULDO, including, but not limited to, the requirement to improve existing perimeter streets or to dedicate a street designated on the City's Master Transportation Plan.  If such property is excluded for good reason, the Planning and Zoning Commission (Commission) may still impose the requirement if compliance with the requirement is reasonably necessary to serve the development.
2. (2)
   Remainder Tracts.  In no case shall a final plat exclude land so as to leave a remainder of such size, shape or location as not to be developable in substantial compliance with the requirements of this ULDO.

1. (1)
   Review and Decision.  In determining whether to approve or deny a final plat, the applicable review bodies shall consider the applicable common decision criteria in Subsection 14.06.204, Common Decision Criteria, and the plat displays a certificate of completion signed, sealed, and dated by the developer’s engineer of record and approval of all public improvements by the Director of Planning and Development (Director).
2. (2)
   Required Approval.  If the Director finds that a final plat complies with all applicable decision criteria, then he or she is required to approve the plat.

1. (1)
   Thirty (30)-Day Deadline.  The Commission shall make a final decision on the final plat at a regularly scheduled meeting held within 30 days of the date the final plat is submitted.  The deadline may be extended an additional 30 days if the applicant requests or consents in writing to the extension to act upon the plat. 
2. (2)
   No Action.  If no action is taken by the Commission at the end of the 30-day period, without the request or consent of an extension, the plat shall be deemed to have been approved.

1. (1)
   Phasing.  For a development to be constructed in phases, the final plat may include only a portion of the land included in the preliminary plan.
2. (2)
   Five-Year Period.  Where only a portion of an approved preliminary plan is submitted for final plat approval, a final plat of the remaining area may be submitted at any time within five years of the date of preliminary plan approval.
3. (3)
   Renewal and Expiration.  If a final plat of the remaining area has not been submitted within the five-year time period, the portion of the preliminary plan for which no final plat has been submitted shall be deemed null and void.  However, if at least one phase of the preliminary plan has received final plat approval, its public improvements have been completed, and it has been recorded with the Hutchinson County Clerk, an extension of five years to the five-year time limit shall be automatically granted effective on the date of final approval of the most recent final plat.

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

1. (1)

   Common Ownership.  The owners of the tract covered by a plat may vacate the plat at any time before any lot in the subdivision is sold.

2. (2)

   Separate Ownership.  If lots in the subdivision have been sold, the subdivision, or any part of the subdivision, may be vacated on the application of all the owners of lots in the subdivision with approval obtained in the manner prescribed for the original plat for the subdivision.

3. (3)

   When Vacated.  The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat.

4. (4)

   Execution and Recording.  On the execution and recording of the vacating instrument, the vacated plat has no effect.

5. (5)
   Utilities.  The relocation and/or abandonment of any utilities shall be the responsibility of the subdivider and shall be provided for concurrently with the vacation procedure.  The cost of any such relocation and/or abandonment shall be borne by the subdivider.

1. (1)
   Generally.  The City Council may vacate a plat of an approved subdivision when:

   1. (A)
      No lots within the approved plat have been sold within five years from the date that the plat was approved;
   2. (B)
      The City is unable to obtain funds from the subdivider's bonding company with which to complete construction of unfinished and abandoned public improvements, except that the vacation shall apply only to lots owned by the subdivider or its successor; or,
   3. (C)
      The plat has been of record for more than five years and the Council determines that the further resale of lots within the subdivision presents a threat to public health, safety, and general welfare, except that the vacation shall apply only to lots owned by the subdivider or its successors.
2. (2)
   Notice.  Prior to initiating a plat vacation, the Council shall follow the notice requirements set forth in Texas Local Government Code Section 212.015.

1. (1)
   Review and Decision.  In determining whether to approve, approve with conditions, or deny a waiver, the applicable review bodies shall consider the applicable common decision criteria in Subsection 14.06.204 and the following:

   1. (A)
      Strict application of the standard requested to be waived renders platting of the subject property unfeasible. 
   2. (B)
      The waiver requested is the minimum necessary that will make possible platting of the subject property.
   3. (C)
      The reason for the waiver is based on a minimum of one of the following:

      1. (i)
         The particular physical surroundings, shape, or topographical conditions of the subject property; or,
      2. (ii)
         Achieving alternative compliance with the standard requested to be waived in a manner not contemplated in this ULDO.
   4. (D)
      The subdivider has incorporated elements articulated in Section 14.03.200, Subdivision Design Standards, to compensate for non‐compliance with the standards requested to be waived.
2. (2)
   Affirmative Findings.  In order to approve a waiver, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1. (1)
   Property Ownership.  Approved waivers shall bind the development of the specific property regardless of any change in ownership of the property.
2. (2)
   Annotation on Final Plat.  Approved waivers shall be indicated in written or graphic form on the final plat prior to recording the approved final plat with the Hutchinson County Clerk.