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Cedar Park City Zoning Code

ARTICLE 11

05 DEVELOPMENT REVIEW BODIES

§ 11.05.001 Purpose.

The purpose of this Article is to:
A. 
Describe the role of City staff in the administration of this Chapter and the approvals issued in accordance with it;
B. 
Establish and describe the various boards and commissions responsible for making recommendations and/or decisions in the review, consideration, and approval or disapproval of development applications; and
C. 
Describe the scope of authorities retained by the Planning and Zoning Commission, board of adjustment, and City Council with respect to the implementation, administration, and amendment of this Chapter.
(Ordinance CO02-17-11-09-H1, exh. A, div. 11.05.01, adopted 11/9/17)

§ 11.05.031 Administrator.

A. 
Generally.
The Administrator shall be the Director of Development Services, as designated by the City Manager, and all references herein shall include the Administrator’s designees.
B. 
Authority and responsibilities.
1. 
Standards of operation and procedures.
The Administrator is authorized to establish standards of operation and procedures for the Development Services Department, or the department or division authorized by the City Manager, which are consistent with the purpose of this Chapter, which may include, but are not limited to:
a. 
Internal review and referral procedures; and
b. 
The form and content of standardized application forms and checklists for the administration of this Chapter.
2. 
Maintenance of this Chapter.
The Administrator is authorized to maintain, administer, and enforce this Chapter, as stated herein.
3. 
Recommendations.
The Administrator shall make reports with regard to all applications for development approval, except those which are decided by the Administrator or other members of the City staff, as stated in Article 11.06, Approvals and Procedures.
4. 
Decisions.
As stated in section 11.06.061, Administrative Approvals, the Administrator shall decide all administrative matters prescribed in this Chapter.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.05.02.01, adopted 11/9/17)

§ 11.05.032 Planning and zoning commission.

A. 
Generally.
The Planning and Zoning Commission, established by Cedar Park Home Rule Charter, Article VII, Planning and Zoning, shall have the following powers and duties pursuant to Local Government Code chapter 211, Municipal Zoning Authority.
1. 
Zoning text amendment.
The Planning and Zoning Commission shall recommend to the City Council approval or disapproval of proposed changes to this Chapter and the appropriate zoning regulations for each zoning district pursuant to section 11.06.086, Zoning Text Amendment.
2. 
Original zonings and rezonings.
The Planning and Zoning Commission shall recommend boundaries for the original zoning districts and rezonings pursuant to section 11.06.082, Rezoning Request.
3. 
Other matters.
The Planning and Zoning Commission shall hear, decide, and/or make recommendations as authorized by this Chapter, the Cedar Park Home Rule Charter, and Texas Local Government Code chapter 211, including recommendations related to master development plans, as stated in section 11.06.083, planned developments, as stated in section 11.06.084, and special use permits as stated in section 11.06.085.
B. 
Composition and rules.
The Planning Commission shall also serve as a zoning commission and which shall be known as the Planning and Zoning Commission. The Planning and Zoning Commission shall consist of seven (7) members, and all shall be residents of the City. The members of the commission shall be appointed by the Council for staggered two (2) year terms, with seats 1, 3, and 5 running from August 1st through July 31st of odd-numbered years and seats 2, 4, 6 and 7 running from August 1st through July 31st of even-numbered years, or until their successors are appointed and qualified. Vacancies on the commission shall be filled for the unexpired term by the Council. The commission shall elect a chairperson, vice- chairperson and a Secretary from among its appointed members. Four (4) commission members shall constitute a quorum and a minimum of four (4) affirmative votes shall be required to take official action for the transaction of business. Each commission member shall be at least 18 years of age, a registered voter of the City and have resided within the City for 12 consecutive months before being appointed.
State law reference–Zoning commission, V.T.C.A., Local Government Code, sec. 211.007.
(Ordinance CO06-21-01-14-E1 adopted 1/14/21)

§ 11.05.033 City Council.

A. 
Generally.
The City Council, established by Cedar Park Home Rule Charter, Article III, City Council, shall have the following powers and duties pursuant to Local Government Code chapter 211, Municipal Zoning Authority.
1. 
Zoning text amendment.
The City Council shall hear and decide on proposed changes to this Chapter and the appropriate zoning regulations for each zoning district pursuant to section 11.06.086, Zoning Text Amendment.
2. 
Original zonings and rezonings.
The City Council shall hear and decide boundaries for the original zoning districts and rezonings pursuant to section 11.06.082, Rezoning Request.
3. 
Other matters.
The City Council shall hear and decide other matters, as authorized by this Chapter, the Cedar Park Home Rule Charter, and Texas Local Government Code chapter 211, including decisions related to master development plans, as stated in section 11.06.083, planned developments, as stated in section 11.06.084, and special use permits as stated in section 11.06.085.
B. 
Voting standards.
Approvals shall require an affirmative vote of four (4) members of the City Council; provided, however, a proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (3/4) of all members of the City Council if:
1. 
The Planning and Zoning Commission has recommended against a proposed amendment, supplement, change, or modification; or
2. 
A proposed change to a regulation or boundary is protested in accordance with Texas Local Government Code, section 211.006, Procedures Governing Adoption of Zoning Regulations and District Boundaries, as follows:
a. 
A protest of a zoning decision shall be filed no later than the 30th day after the date that public notice is given, as stated in section 11.06.032, Public Notice;
b. 
The protest must be written and signed by the owners of at least 20 percent of either:
1. 
The area of the lots or land covered by the proposed change; or
2. 
The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.
c. 
In computing the percentage of land area in this subsection, the area of streets and alleys shall be included.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.05.02.03, adopted 11/9/17)

§ 11.05.034 Zoning Board of Adjustment.

A. 
Generally.
The zoning board of adjustment, established by Cedar Park Home Rule Charter, Article VII Planning and Zoning, shall have the following powers and duties pursuant to Local Government Code chapter 211, Municipal Zoning Authority.
1. 
Administrative appeals.
The zoning board of adjustment shall hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this Chapter.
2. 
Special exceptions.
The zoning board of adjustment shall hear and decide special exceptions to the terms of this Chapter.
3. 
Variances.
The zoning board of adjustment shall authorize in specific cases a variance from the terms of this Chapter if the variance is not contrary to the public interest, and due to special conditions, a literal enforcement of this Chapter would result in unnecessary hardship, and so that the spirit of this Chapter is observed and substantial justice is done.
4. 
Other matters.
The zoning board of adjustment shall hear and decide other matters, as authorized by this Chapter, the Cedar Park Home Rule Charter, and Texas Local Government Code Chapter 211.
B. 
Composition and rules.
The zoning board of adjustment shall consist of seven (7) members and not more than four (4) alternates. All shall be residents of the City. The members and alternates of the board shall be appointed by the Council for staggered two (2) year terms, with seats 1, 3, and 5 running August 1st through July 31st of odd-numbered years and seats 2, 4, 6, and 7 running from August 1st through July 31st of even years, or until their successors are appointed and qualified. Vacancies on the board shall be filled for the unexpired term by the Council. The board shall elect a chairperson, vice-chairperson, and secretary from among its appointed members and adopt its own rules of procedure consistent with due process of law and in accordance with the laws of the State of Texas. Seventy-five percent of the members of the board shall constitute a quorum. Each member shall be at least 18 years of age, a registered voter of the City and have resided within the City for 12 consecutive months before being appointed. Where required by law, a concurring vote of 75 percent of the members of the board shall be necessary for action.
State law reference–Establishment and authority of zoning board of adjustment, V.T.C.A., Local Government Code, sec. 211.008 et seq.
C. 
Loss of nonconforming use status.
The right to operate a nonconforming use ceases if: (1) such use is lost pursuant to section 11.07.005, Amortization of Nonconforming Uses and Nonconforming Structures; (2) the use is changed; or (3) the intent of the owner to discontinue the use is apparent, as determined by the Administrator. Factors to consider by the Administrator when determining apparent intent include:
1. 
Discontinuance of the use for a period of 180 days or more; and
2. 
Removal of the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 180 days or more.
(Ordinance CO06-21-01-14-E1 adopted 1/14/21)