- ADMINISTRATIVE AUTHORITY3
Editor's note—Ord. No. 1332, § I(Exh. A), adopted April 27, 2021, amended Art. 2, §§ 2.1—2.4, in effect replacing said article with §§ 2.1—2.4, as set out herein. Formerly, Art. 2 pertained to similar subject matter and derived from Ordinance 1233, adopted April 24, 2018; and Ord. No. 1324, § 1, adopted Dec. 8, 2020.
The City Manager or designee shall have such powers and authority as granted by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC and are authorized to take all actions necessary to carry out their responsibilities in accordance with the requirements and limitations prescribed therein.
The City Manager is designated as the chief administrative official of the City. The City Manager, at their discretion, may designate the director of any department or other employee as the administrative authority responsible for consideration of any item deemed appropriate by the City Manager.
A.
The City Manager or designee shall have the authority to review and make a recommendation to the City Council and the appropriate Advisory body designated by City Council to review the following applications:
1.
Amendment to the text or maps in the Comprehensive Master Plan;
2.
Amendment to the text of this UDC;
3.
Annexation;
4.
Establishment/amendment of a zoning district map classification;
5.
Conceptual plan as part of a Mixed Use District (MURE or Overlay District);
6.
Specific Use Permit;
7.
Development Agreement within the City's corporate boundaries and in the City's ETJ;
8.
Request to extend City utilities to land located in the City's ETJ
9.
Appeal of the decision of any Board, Commission, Committee or staff authorized by this UDC;
10.
An application for a Subdivision Land Study or Land Study/Master Plan;
11.
Preliminary plat;
12.
Final plat;
13.
Amending plat;
14.
Minor plat;
15.
Replat;
16.
Site Plan;
17.
Protected/Heritage Tree Deferral;
18.
Variance, appeal or other application to be considered by the Board of Adjustment; and
19.
Any other responsibility designated by this UDC, the Cibolo City Council or State of Texas.
B.
The City Manager or designee may have final approval authority on the following applications:
1.
An application for a Minor plat, as authorized by this UDC;
2.
An application for an Amending Plat, as authorized by this UDC;
3.
An application for a Site Plan; and
4.
Other applications as authorized by this UDC.
C.
A record of any action taken with respect to final approval of a development application shall be provided to the appropriate Board, Commission, Committee or City Council for review.
A.
Authority
The City Planner or designee is authorized to create and interpret Administrative Rules and provide written opinions of the same. The City Planner or designee shall create appropriate rules, which contain policies, criteria and standards and shall be responsible for making determinations on the application and interpretation of same, Administrative rules apply and are the implementation of the ordinances and policies of the City. This ordinance shall cause these Administrative Rules to be prepared, interpreted, and enforced administratively.
B.
Adoption
Administrative Rules are hereby established and adopted as an enforceable administrative element of this Article.
C.
Administrative rules may contain:
1.
Design and construction standards and/or manuals;
2.
Policies and Guidelines;
3.
Application deadlines and schedules;
4.
Fees and fines;
5.
Applications;
6.
Checklists;
7.
Processes; and,
8.
Other information necessary to enforce or interpret the provisions of the UDC to protect the health, safety and welfare of the community.
D.
Amendments to Administrative Rules
1.
Administrative Rules of the City may be updated or amended from time to time. It is the responsibility of the applicant to be aware of any changes. Administrative Rules are available through the City Secretary, the Building Official, and City Planner offices.
2.
Notice of amendments to Administrative Rules shall be posted for ten (10) calendar days prior to their effective date. Posting shall occur at City Hall on the City's Official Bulletin Board or at the Community Development Department, indicating that the document is available for review. Such notice shall also be placed on the City's web site.
3.
The City Planner or designee and the City Secretary shall maintain a copy of all Administrative Rules which will be updated as amendments occur.
4.
Amendments to the Administration Rules shall be automatically enjoined, have the full authority of this ordinance and become effective via these administrative rulemaking procedures.
5.
The City Manager or designee will notify City Council, or the appropriate advisory body designated by City Council of any administrative rule amendments.
E.
Appeal of Determination
An applicant may appeal the determination of the City Planner or designee to the City Manager, showing cause for their appeal in writing within ten (10) business days of the City Planner's determination, the City Manager will make a determination regarding the appeal within thirty (30) days. The decision of the City Manager may be appealed to the City Council in writing within ten (10) business days of that determination. All appeals shall be delivered to the City Secretary's office. Appeals to the City Council will be placed on an agenda within thirty (30) days. The decision of the City Council is final.
F.
Planning and Engineering Department Fee Schedule
The Planning and Engineering Department Fee Schedule, as may be amended from time to time, is incorporated by reference into this UDC.
- ADMINISTRATIVE AUTHORITY3
Editor's note—Ord. No. 1332, § I(Exh. A), adopted April 27, 2021, amended Art. 2, §§ 2.1—2.4, in effect replacing said article with §§ 2.1—2.4, as set out herein. Formerly, Art. 2 pertained to similar subject matter and derived from Ordinance 1233, adopted April 24, 2018; and Ord. No. 1324, § 1, adopted Dec. 8, 2020.
The City Manager or designee shall have such powers and authority as granted by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC and are authorized to take all actions necessary to carry out their responsibilities in accordance with the requirements and limitations prescribed therein.
The City Manager is designated as the chief administrative official of the City. The City Manager, at their discretion, may designate the director of any department or other employee as the administrative authority responsible for consideration of any item deemed appropriate by the City Manager.
A.
The City Manager or designee shall have the authority to review and make a recommendation to the City Council and the appropriate Advisory body designated by City Council to review the following applications:
1.
Amendment to the text or maps in the Comprehensive Master Plan;
2.
Amendment to the text of this UDC;
3.
Annexation;
4.
Establishment/amendment of a zoning district map classification;
5.
Conceptual plan as part of a Mixed Use District (MURE or Overlay District);
6.
Specific Use Permit;
7.
Development Agreement within the City's corporate boundaries and in the City's ETJ;
8.
Request to extend City utilities to land located in the City's ETJ
9.
Appeal of the decision of any Board, Commission, Committee or staff authorized by this UDC;
10.
An application for a Subdivision Land Study or Land Study/Master Plan;
11.
Preliminary plat;
12.
Final plat;
13.
Amending plat;
14.
Minor plat;
15.
Replat;
16.
Site Plan;
17.
Protected/Heritage Tree Deferral;
18.
Variance, appeal or other application to be considered by the Board of Adjustment; and
19.
Any other responsibility designated by this UDC, the Cibolo City Council or State of Texas.
B.
The City Manager or designee may have final approval authority on the following applications:
1.
An application for a Minor plat, as authorized by this UDC;
2.
An application for an Amending Plat, as authorized by this UDC;
3.
An application for a Site Plan; and
4.
Other applications as authorized by this UDC.
C.
A record of any action taken with respect to final approval of a development application shall be provided to the appropriate Board, Commission, Committee or City Council for review.
A.
Authority
The City Planner or designee is authorized to create and interpret Administrative Rules and provide written opinions of the same. The City Planner or designee shall create appropriate rules, which contain policies, criteria and standards and shall be responsible for making determinations on the application and interpretation of same, Administrative rules apply and are the implementation of the ordinances and policies of the City. This ordinance shall cause these Administrative Rules to be prepared, interpreted, and enforced administratively.
B.
Adoption
Administrative Rules are hereby established and adopted as an enforceable administrative element of this Article.
C.
Administrative rules may contain:
1.
Design and construction standards and/or manuals;
2.
Policies and Guidelines;
3.
Application deadlines and schedules;
4.
Fees and fines;
5.
Applications;
6.
Checklists;
7.
Processes; and,
8.
Other information necessary to enforce or interpret the provisions of the UDC to protect the health, safety and welfare of the community.
D.
Amendments to Administrative Rules
1.
Administrative Rules of the City may be updated or amended from time to time. It is the responsibility of the applicant to be aware of any changes. Administrative Rules are available through the City Secretary, the Building Official, and City Planner offices.
2.
Notice of amendments to Administrative Rules shall be posted for ten (10) calendar days prior to their effective date. Posting shall occur at City Hall on the City's Official Bulletin Board or at the Community Development Department, indicating that the document is available for review. Such notice shall also be placed on the City's web site.
3.
The City Planner or designee and the City Secretary shall maintain a copy of all Administrative Rules which will be updated as amendments occur.
4.
Amendments to the Administration Rules shall be automatically enjoined, have the full authority of this ordinance and become effective via these administrative rulemaking procedures.
5.
The City Manager or designee will notify City Council, or the appropriate advisory body designated by City Council of any administrative rule amendments.
E.
Appeal of Determination
An applicant may appeal the determination of the City Planner or designee to the City Manager, showing cause for their appeal in writing within ten (10) business days of the City Planner's determination, the City Manager will make a determination regarding the appeal within thirty (30) days. The decision of the City Manager may be appealed to the City Council in writing within ten (10) business days of that determination. All appeals shall be delivered to the City Secretary's office. Appeals to the City Council will be placed on an agenda within thirty (30) days. The decision of the City Council is final.
F.
Planning and Engineering Department Fee Schedule
The Planning and Engineering Department Fee Schedule, as may be amended from time to time, is incorporated by reference into this UDC.