A Determination of Completeness shall be made by the Responsible Official not later than the tenth (10th) business day, unless otherwise specified, after the Official Vesting Date.

If the submitted Application is incomplete, the Applicant shall be notified in writing not later than the tenth (10th) business days after the Official Vesting Date.

An Application shall be deemed complete on the eleventh (11th) business day after the Application has been received if notice is not served in accordance with subsection D below.

If the Application is determined to be complete, the Application shall be processed as prescribed by this UDC.

Proceedings to establish zoning may be undertaken concurrently with annexation procedures (i.e., notified at the same time, public hearings scheduled at the same time as annexation, etc.).

However, zoning approval and formal adoption of the ordinance establishing zoning must occur after annexation approval of the annexation ordinance have occurred, and as a separate and distinct action by the City Council.

For any period of time following official annexation by the City until an initial zoning action has been officially adopted to zone the land, all zoning and development regulations of the Agricultural (AG) District shall be adhered to with respect to the development and use of the land.

Application of this subsection is contingent upon the following:

Upon approval by the City Council, the Development Services Director shall notify the Building Official of such approval.

Any person or corporation having a proprietary interest in any property may petition the City Council for a change or amendment to the zoning provisions of this UDC; or

The Planning and Zoning Commission may, on its own motion or on request from the City Council, study and propose zoning changes and amendments for the City Council's consideration.

Written notice of all public hearings before the Planning and Zoning Commission on a proposed amendment or change shall be sent to all owners of real property within two hundred (200) feet of the property on which the change is requested.

Consistency between a Zoning Map Amendment (Rezoning) and the Comprehensive Plan shall be required.

For selected zoning districts, each rezoning Application shall be accompanied by a Site Plan (see section 2.10.07B.1, Site Plan in association with a Specific Use Permit).

Interior Protesters. The property owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area included within a proposed amendment boundary.

Exterior Protesters. The property owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area within a two hundred (200) foot radius of the exterior boundary of the area included in a proposed amendment.

The Development Services Director shall maintain an inventory of signs to fulfill the notification requirements listed in Table 26. Required Public Notice (on page 166).

The continued maintenance of the sign shall not be a condition precedent to the holding of a public hearing, the adoption of any proposed zoning change, or any other official action concerning such amendment.

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

Written Notice for Protest (also referred to as "Mailed Notice").

Written Notice for Courtesy Interest.

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

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

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

Both the mailed and published notice shall be given before the fifteenth (15th) calendar day prior to the date for the hearing.

At the hearing, any party may appear in person or by Attorney or by agent.

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

The City Council may, by policy enacted through a resolution, direct notice of a Zoning Map Amendment (Rezoning) beyond two hundred (200) feet. Failing to adhere to such notice does not constitute a procedural violation and does not alter the protest area.

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

Nonresidential Development.

Residential Development. Residential buildings having more than four (4) dwelling units require an approved Site Plan.

Innovative Residential Development. All Innovative Residential Developments require an approved Site Plan (see section 2.09.07).

Planned Development (PD). All Planned Development (PD) building permit Applications require an approved Site Plan (see section 2.10.08).

Review by the Development Services Director,

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

Approval by the City Council.

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

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

Promote the vision established by the Comprehensive Plan;

Ensure adequate public facilities to serve development;

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

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

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

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

Promote the public health, safety and welfare.

Before preparing a Site Plan, the Applicant may meet with the Development Services Director to allow the Applicant to learn the general procedures for approval and to review the concept of the proposed development, if desired by Applicant. See Subsection 1.04, Pre-Application Meeting.

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

Final Plat or Replat,

Construction Plans,

Traffic Impact Analysis, if applicable,

Tree Removal Permit and Tree Preservation Plan, if applicable,

Landscape plans,

Flood Study, if required, or

Other approvals as required by City, State, or Federal codes or laws.

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

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely arranged.

The width, grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

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 the design and location of buildings and be integrated into the overall site design.

The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

Protection and conservation of soils from erosion by wind or water or from excavation or grading.

Protection and conservation of water courses and areas subject to flooding.

The adequacy of streets, water, drainage, wastewater, stormwater facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.

The design of adjacent public street improvements and Right-of-Way including existing or proposed deceleration lanes, median openings and left turn bays, location of driveways, drive aisles, cross access between internal developments, and access to properties adjacent to the subject site.

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

Approval of a Site Plan is the City's authorization to apply for approval of a Building Permit and to receive approval of Construction Plans.

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

Site Plan approval is separate and distinct from other permits and approvals that may be required by the City and other regulatory agencies.

Approval of a Site Plan shall not affect other applicable regulations concerning development and land use.

Except where authorized by ordinance or development agreement, a Site Plan shall not be used to approve a Zoning Variance to development regulations.

Two (2) Year Effective Period.

Expired Site Plans.

Minimum of two (2) contiguous acres.

May be less than two (2) acres when carrying out the recommendations of the Comprehensive Plan, as determined by City Council and affirmed in the Planned Development (PD) documents.

Step 1. Pre-Application Meeting.

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

Step 3. Preliminary Plat, (if applicable).

Step 4. Final Plat (if applicable).

Step 5. Site Plan.

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

Where appropriate, other methods authorized in the Subdivision Regulations and Development Standards may be substituted in Step 3. Preliminary Plat and Step 4. Final Plat (e.g., an Amending Plat or Minor Plat).

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

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

Public hearings on required Plats shall be held in accordance with regular procedures established in the Subdivision Regulations and Development Standards.

The intent of this step is to expedite and facilitate the approval of a Planned Development Master Plan.

At least ten (10) business days prior to submission of an Application for Zoning Map Amendment (Rezoning) to a Planned Development (PD), the Applicant shall submit to the Development Services Director a Sketch Plan drawn to approximate scale showing streets, lots, public areas, and other significant features. The Applicant shall execute an acknowledgement that the Pre-Application Meeting does not initiate a vested right.

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

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

Procedures and Requirements.

PD Design Statement. The PD Design Statement shall be a written report containing a minimum of the following elements:

PD Concept Design Map.

Approval of the Planned Development Master Plan.

Expiration of Planned Development Master Plan.

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

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

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

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

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

A Site Plan shall be submitted upon the Application for a Building Permit and reviewed in accordance with procedures established in section 2.10.07, Site Plans.

The project boundaries are not altered.

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

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

The density of housing is not increased more than ten (10) percent or decreased by more than thirty (30) percent.

The land area allocated to nonresidential uses is not increased or decreased by more than ten (10) percent.

Floor Area, if prescribed, is not increased or decreased by more than ten (10) percent.

Floor Area ratios, if prescribed, are not increased.

Open space ratios, if prescribed, are not decreased.

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

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

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

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

The Development Services Director shall initiate review of the SUP.

Planning and Zoning Commission shall review and recommend approval, approval with conditions, or denial of the SUP to the City Council.

After receiving recommendation from Planning and Zoning Commission, City Council shall approve, approve with conditions, or deny the SUP. Although the approval of the SUP does not change the zoning classification.

Both Planning and Zoning Commission and City Council shall provide the required public hearing and notice in accordance with section 2.10.04, Public Hearings and Notification Requirements.

The Planning and Zoning Commission and City Council may require conditions and safeguards as necessary to protect adjoining property.

A use allowed by an SUP shall be in general conformance with the Comprehensive Plan and contain such requirements and safeguards as are necessary to protect adjoining property.

Each Application shall be accompanied by a Site Plan (see section 2.10.07, Site Plans) and such other information as is required by this UDC.

The Planning and Zoning Commission or City Council may require additional information, operating data and expert evaluation concerning the location and function and characteristics of any building or use proposed.

Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site;

Adequate means of ingress and egress to public streets or approved access easements and appropriate paving widths of streets, alleys and sidewalks to accommodate traffic generated by the proposed use;

Provisions for drainage;

Adequate off-street parking and loading;

Safety from fire hazard and measures for fire control;

Protection against negative effects of noise, glare and lighting on the character of the neighborhood, protective screening and open space;

Heights of structures; and

Compatibility of buildings and such other measures as will secure and protect the public health, safety, and general welfare.

If, after one (1) year from the date of approval of an SUP, no substantial development progress has been made within the SUP, then the SUP shall expire.

The City Council may authorize an extension beyond the one (1) year upon recommendation by the Development Services Director.

Decrease aspects of the formerly approved SUP, including building size, lot coverage, intensity of use, or impervious cover; or

Represent minor alteration to buildings or site layout that alleviate or remove conflicts with UDC requirements or do not affect adjacent properties, easements, rights-of-way, or conditions of previous SUP approval.

Increase in size or significant redesign of previously improved structures;

Proposed addition of new structures, not previously approved by SUP; or significant re-configuration of site design, access, landscaping, or exterior lighting.

Listed as Recorded Texas Historic Landmarks (RTHL), State Archeological Landmark (SAL) or listed on the National Register of Historic Places (NR)

Possesses significance in history, architecture, archeology and culture;

Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history;

Is associated with events that have made a significant impact in our past;

Represents the work of a master designer, builder or craftsman;

Embodies the distinctive characteristics of a type, period or method of construction;

Represents an established and familiar visual feature of the City;

Contains properties and an environmental setting which meet two or more of the criteria for designation of a landmark, and;

Constitutes a distinct section of the City.

Name, address, telephone number of applicant, and physical address of the individual property; or the name, address, telephone number of applicant, and a signed petition of at least twenty (20) percent of the proposed area;

Site plan of the individual property or map indicated the geographic boundaries of the proposed area showing all affected buildings and/or structures;

Detailed historic description and background on the property or area;

Current photographs of the overall property or area along with any historical photographs, if available;

Any other information which the City may deem necessary.

Historic Preservation Commission Public Hearing and Recommendation.

Planning and Zoning Commission Public Hearing and Recommendation. The Planning and Zoning Commission shall conduct a public hearing on the proposed Historic Overlay (O-H) District or Historic Landmark designation within forty-five (45) days of receipt of the recommendation of the Historic Preservation Commission. The Planning and Zoning Commission shall review the application to ensure that the recommended designation will not pose a conflict with the underlying land use zoning and shall forward its recommendation to City Council within forty-five (45) days of its hearing.

City Council Public Hearing and Decision.

The applicant or any persons adversely affected by any determination of the Historic Preservation Commission may appeal the decision to City Council. Appeal requests shall be on forms as prescribed by the City and shall be filed with the Historic Preservation Officer within seven (7) days of the Historic Preservation Commission's decision and scheduled for the next available regularly scheduled City Council meeting. The City Council shall conduct a public hearing. Appeals to the City Council shall be considered only on the record made before the Historic Preservation Commission, and may only allege that the Historic Preservation Commission's decision was arbitrary, capricious or illegal. The burden of proof shall be upon the applicant or any persons that requested the appeal.

Any reconsideration of a previous listing or evaluation shall employ or examine the designation criteria set forth in subsection D above;

The Historic Preservation Commission shall not take final action on such recension without first hearing the recommendation of the Historic Preservation Officer on the proposed reevaluation and also giving fifteen (15) days prior notice to the owner of the subject property under consideration of the possible change and the date of the Historic Preservation Commission meeting when the members will consider the proposed recension.

The Historic Preservation Commission may take into account the state of repair of the site in such reevaluation. Further, the Historic Preservation Commission may consider the extent of the owner's utilization of external financial resources or exemptions towards financing the rehabilitation or maintenance of the subject property.

Published Notice. Notice of all public hearings required herein must be published before the fifteenth (15th) day before the public hearing in accordance with section 2.10.04C.2.a Published Notice.

Written Notice. Written notice of all public hearings required herein must be mailed to property owners within two hundred (200) feet of the proposed historic district area or historic landmark before the fifteenth (15th) day before the public hearing in accordance with section 2.10.04C.2.b Written Notice for Protest (also referred to as "Mailed Notice").

Initial identification is made by visual inspection of the area by the Historic Preservation Officer or a Historic Preservation Commission member or by referral from someone in the area. All referrals shall be made in writing and shall be submitted to the Historic Preservation Officer.

Once the initial identification is made, followed by a preliminary determination by the Historic Preservation Officer, the property owner shall be notified by US mail of the defects of the building and informed of various incentive programs that may be available for repair. The owner is given thirty (30) days in which to respond to the preliminary determination by submitting a stabilization proposal to Historic Preservation Officer. The stabilization proposal will be presented to the Historic Preservation Commission at the next available meeting. If the Historic Preservation Commission approves the proposal, a Certificate of Appropriateness (if necessary) may be issued administratively by the Historic Preservation Officer. The approval will detail the specific work which is necessary to correct the Demolition by Neglect conditions, as well as a time period to begin and complete the work. The Historic Preservation Officer shall update the Historic Preservation Commission on the status of the property every thirty (30) days once work begins on the property.

If the property owner receives the letter regarding the preliminary determination, but fails to respond, a second notice shall be sent in the same manner as described above.

If the property owner fails to receive and/or respond to the letter regarding the preliminary determination after two (2) attempts, the matter returns to the Historic Preservation Commission for a citation hearing. The Historic Preservation Officer shall send a third notice via certified mail informing the owner of the hearing, the property is posted with a notice of the violation in accordance with the provisions of this Section, and a public hearing on the citation is scheduled.

At the public hearing the owner is invited to address the Historic Preservation Commission concerns and to show cause why a citation should not be issued. The Historic Preservation Commission may take action to approve any proposed work, defer the matter to give the owner more time either to correct the deficiencies or make a proposal for stabilization, or issue a citation to the owner of the property for failure to correct the Demolition by Neglect conditions.

If the owner is cited for the condition of Demolition by Neglect of the property, he is given fourteen (14) days to submit a stabilization proposal to the Historic Preservation Officer, and at the discretion of the Historic Preservation Commission, up to one (1) year to correct the defects. The Historic Preservation Officer shall update the Historic Preservation Commission on the status of the property every thirty (30) days once work begins on the property.

If the owner does respond with a stabilization proposal, the matter is turned over to the City Attorney's office for action in Municipal Court.

If the building official determines a Landmark to be structurally unsound and a hazardous or dangerous building pursuant to the provisions found in the city's adopted building code, the building official shall be required to provide written notice to the Historic Preservation Commission of the ordered removal or repair of the Landmark prior to taking such action.

The provisions contained in Section 214.00111 of the Texas Local Government Code provides additional authority to the city to preserve substandard historic buildings and are effective immediately upon designation as a Certified Local Government by the US Department of the Interior, National Park Service and Texas State Historic Preservation Officer as provided by 16 U.S.C., Section 470 et seq.; and

The property owner(s) of the demolished Landmark removed under this procedure is subject to the penalties found in this Code.

The subject property of the application is not a recognized Landmark;

The subject building, structure or object is not an accessory building and/or landscape feature that is integral to the historic interpretation or integrity of the Landmark;

The applicant is requesting a Certificate of Appropriateness for Demolition of a Landmark on the basis of Economic Hardship and the Historic Preservation Commission finds that the applicant meets the criteria of Economic Hardship pursuant to subsection P below.

The subject building, structure or object has lost its architectural significance and integrity over time for reasons not entirely within the control of the current or previous property owner(s).

Name, address, telephone number of applicant, and physical address of the individual property;

Site plan of the individual property or map indicating the area of the proposed demolition showing all affected buildings and/or structures on the site;

Photographs of existing conditions as well as any historical photographs, if available;

All future development plans for the property, if available;

Any other information which the Historic Preservation Officer or Historic Preservation Commission may deem necessary.

Upon receipt of a completed Certificate of Appropriateness for Demolition application, the Historic Preservation Officer shall review the application for a preliminary determination of compliance with the standards for economic hardship and the criteria for review found in subsection P below. The applicant is encouraged to schedule a meeting with the Historic Preservation Officer prior to the submittal of an application to discuss the application and get initial direction.

Following determination of completeness of a Certificate of Appropriateness for Demolition application involving a claim of Economic Hardship and a preliminary determination of compliance, the Historic Preservation Officer shall schedule a public hearing and consideration at the next available regularly scheduled Historic Preservation Commission meeting. All review criteria and the formal written report to the Historic Preservation Officer shall be made available to the applicant prior to consideration. The owner shall be required to stabilize and secure the property subject to the penalties of this Section until a final decision by the Historic Preservation Commission becomes effective.

The Historic Preservation Commission shall conduct its initial review of the application at a public meeting. At that time, the applicant shall have an opportunity to be heard, present testimony and evidence to demonstrate that standards for economic hardship and the criteria for review have been met. Other interested parties and technical experts may also present testimony or documentary evidence which will become part of a record. The burden of proof shall be upon the applicant. In the event the Historic Preservation Commission does not act within ninety (90) days of the initial application being determined complete, a Certificate of Appropriateness for Demolition may be granted.

In considering the application, the Historic Preservation Commission may take action to postpone the application in order to establish a Stay of Demolition period. The owner shall conduct in good faith with the city local preservation organizations and interested parties a diligent effort to seek an alternative that will result in the rehabilitation of the Landmark. Negotiations may include but are not limited to such actions to utilize various preservation incentive programs sell or lease the Landmark, or facilitate proceedings for the city to acquire the Landmark under its power of eminent domain, if appropriate, and financially possible. If negotiations are successful, the Certificate of Appropriateness for Demolition application shall be considered withdrawn and all associated applications closed.

At the end of the one hundred and eighty (180) days, if prior negotiations are unsuccessful and the request for demolition stands, the Historic Preservation Officer shall schedule a second public hearing on the application at the next available Historic Preservation Commission meeting pursuant to the same manner described in subsection b above.

At the end of the second hearing, the Historic Preservation Commission may take action to approve, postpone requesting additional information or deny the application. If no hearing has been scheduled within sixty (60) days of the end of the stay period, a Certificate of Appropriateness for Demolition shall be deemed issued and the Historic Preservation Officer shall so advise the applicant in writing.

If approved, the Historic Preservation Officer shall issue a Certificate of Appropriateness for Demolition to the applicant with the written findings of fact, conclusions of law and any specific conditions of approval (if any) supporting the decision. The Historic Preservation Officer shall also forward the Historic Preservation Commission decision to the appropriate City personnel. The approval shall be valid for one (1) year from the hearing date of the Historic Preservation Commission final decision. The historic property shall immediately be removed from the city's inventory of historic properties in the official public records of real property of Hays County and the official zoning maps of the city, as applicable.

Denial of a Certificate of Appropriateness for Demolition application involving Economic Hardship shall prevent the owner from demolishing the property or reapplying for another Certificate of Appropriateness for Demolition application for a period of three (3) years from the hearing date of the Historic Preservation Commission final decision, unless substantial changes in circumstances have occurred other than resale of the property or those caused by acts beyond the control of the owner. It shall be the responsibility of the owner to stabilize and maintain the minimum maintenance standards for the property so as not to create a hazardous or dangerous building.

The city may continue to provide the owner with information regarding financial assistance for the necessary rehabilitation or repair work as it becomes available.

The owner may appeal the decision of the Historic Preservation Commission to the City Council. Appeal requests shall be filed in writing to the Historic Preservation Officer within ten (10) days of the Historic Preservation Commission decision. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general zoning ordinance of the city. Appeals to the City Council shall be considered only on the record made before the Historic Preservation Commission, and may only allege that the Historic Preservation Commission decision was arbitrary, capricious, or illegal.

The property is incapable of earning a reasonable return in its current or rehabilitated state, regardless of whether that return represents the most profitable return possible;

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return;

Earnest and reasonable efforts to find a purchaser interested in acquiring the property and preserving it have failed;

The property cannot be moved or relocated to another site similar site or within the District.

Purchase date price and financing arrangements;

Current market value;

Form of ownership;

Type of occupancy;

Cost estimates of demolition and post demolition plans for development;

Maintenance and operating costs;

Inspection report by licensed architect or structural engineer having experience working with historic properties;

Costs and engineering feasibility for rehabilitation;

Property tax information;

Rental rates and gross income from the property;

Other additional information as deemed appropriate.

Evidence of demolition by neglect or other willful and negligent acts by the owner;

Purchasing the property for substantially more than market value at the time of purchase;

Failure to perform normal maintenance and repairs;

Failure to diligently solicit and retain tenants;

Failure to provide normal tenant improvements.

If parking is located between the front building face and the roadway, Internal Landscaping requirements of section 2.09.01A.2.d.i and ii shall be doubled.

Decorative split rail fencing not exceeding three (3) feet in height adjacent to the right-of-way along the entire width of the property (excluding ingress/egress);

Stained wood building accents (e.g., columns, shutters, trim)

No parking located in front of the building face;

Covered porch at least ten (10) feet deep and fifty (50) percent of the building face width (porch may extend into required buffer, must have consistent roof material);

Covered bicycle parking within fifty (50) feet of the main entrance, with dedicated spaces accessible without moving another bicycle to accommodate at least:

All hardscape in front of the building face constructed entirely of an enhanced design, such as stained concrete, pavers, or stone.

All exterior lights operated by motion sensor only to turn off when no activity is present.

Achieve all required elements and at least four (4) alternative options of Table 22. Low Impact Design Element Options (on page 155).

Primary buildings shall be set back no more than five (5) feet beyond the minimum front yard setback of the underlying base district, unless site restrictions prohibit such placement as determined by the City Engineer. This setback is measured by the portion of the building face closest to the street.

All parking shall be located behind the front façade of the primary building.

If covered parking is provided for vehicles, at least fifty (50) percent of the bicycle parking shall be covered.

Sidewalks at least ten (10) feet in width shall be provided.

Retail buildings located in Form Based zoning districts shall have canopies spanning seventy-five (75) percent of the frontage and extending over the sidewalk at least six (6) feet.

In addition to the landscaping requirements of section 2.09.01, development shall provide the following along the Right-of-Way of each designated corridor:

Retail buildings located in Form Based zoning districts shall have canopies spanning seventy-five (75) percent of the frontage and extending over the sidewalk at least six (6) feet.

The purpose of this section is to establish provisions for the allowance and potential alteration of uses, lots, or structures that do not conform to currently applicable standards or regulations, but that were in conformance with standards in place at the time of their inception, and have been rendered nonconforming due to a change in the applicable standards and regulations.

It is the declared intent of this section that Nonconforming Uses and Nonconforming Structures eventually be eliminated and be required to comply with the regulations of the UDC, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area.

Legal Nonconforming. Those Nonconforming Uses, Nonconforming Structures, or Nonconforming Lots that in whole or part are not in conformance with current zoning standards, but were legally established at a prior date, at which time they were in conformance with applicable standards. Such Nonconforming Uses, Nonconforming Structures, or Nonconforming Lots may be maintained or potentially altered subject to the provisions of this subsection.

Illegal Status.

If a Nonconforming Use ceases operations for a period of more than six (6) months, then such Nonconforming Use shall be deemed to be permanently discontinued. Unless the Board of Adjustment reinstates the nonconforming rights pursuant to subsection 7 below, such a use shall not be instituted on that parcel or other parcel in a district that does not permit the discontinued use.

For the purpose of this paragraph, to "cease operations" shall mean to intentionally terminate operations of the Nonconforming Use. Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been discontinued, regardless of intent.

A Nonconforming Use shall not be expanded or increased as of the effective date of this UDC except as provided in subsection 4 below.

Any Nonconforming Use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a Nonconforming Use.

A Nonconforming Use shall not be changed to another Nonconforming Use.

Nonconforming Use Expansion in an Existing Building.

Nonconforming Use Expansion Located Outdoors. A Nonconforming Use located outdoors or that is otherwise not located in an existing building may be extended throughout the existing lot, provided:

Whenever a building or use is changed or enlarged in floor area, number of dwelling units, seating capacity or otherwise, to create a need for additional parking spaces, such additional spaces shall be provided in accordance with section 2.09.03, Off-Street Parking based on the new use or area.

This requirement does not apply if a Zoning Special Exception or Alternative Compliance has been granted for a reduced parking requirement.

If an existing building or use is altered (i.e., at least twenty (20) percent of the original floor area), then the standards and criteria contained within section 2.09.01, Landscaping shall apply.

If an existing building is altered less than twenty (20) percent, then the standards and criteria contained in section 2.09.01, Landscaping shall not apply.

Additionally, any use requiring a Specific Use Permit or a Planned Development zoning designation must comply with section 2.09.01, Landscaping unless special landscaping standards are otherwise provided for in the ordinance establishing the SUP or PD district.

Application for Nonconforming Rights Reinstatement.

Board Decision.

Buildings or structures that do not conform to the area regulations or development standards in this UDC but where the uses are deemed conforming shall not increase the gross floor area greater than ten (10) percent from the date when the building became nonconforming.

The expansion must be conforming.

Total Destruction. If a Nonconforming Structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this UDC.

Partial Destruction. In the case of partial destruction of a Nonconforming Structure less than fifty-one (51) percent of its total appraised value as determined by the Appraisal District, reconstruction will be permitted, but the existing square footage or function of the Nonconforming Structure cannot be expanded.

Approved Building. A building or structure for which a building permit has been issued or a site plan approved prior to adoption of this UDC.

Building in the Approval Process. A building or structure for which a complete Application for a building permit was accepted by the Building Official on or before the effective date of these regulations, provided however, that such building permit shall comply with all applicable ordinances in effect on the date such Application was filed.

The character of the surrounding neighborhood.

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

The manner in which the use is being conducted.

The hours of operation of the use.

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

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

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

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

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

To the extent the Nonconforming Use impacts the value and marketability of the abutting and surrounding properties or neighborhood.

Notwithstanding anything to the contrary, the Board cannot amortize a use described in subsection 2.10.02E.2 unless it finds that the use is a nuisance or that the use presents a risk of imminent destruction of property or injury to persons.

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

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