(a)

Purpose and applicability.

(1)

Purpose. The purpose of this section is to consolidate and standardize the city's development review procedures.

(2)

Applicability. The subsections of this section apply to all development activity that requires a recommendation or final decision from city staff, the city council, the planning and zoning commission, or the board of adjustment as denoted in Table 20-6-1(k)-1, Summary of Procedures.

(b)

Pre-application conference.

(1)

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.

(2)

Sketch plan. The applicant may submit a sketch plan as a basis for discussion prior to the pre-application conference. The sketch plan shall be of sufficient detail to accurately convey the concept, character, location, parcel size, and the size and scale of the proposed development. The applicant may submit additional materials at his or her discretion.

(3)

Requested submittals. At or following the pre-application conference, city staff may request that the applicant provide additional materials at the time of application submittal in accordance with subsection 20-6-1(c), Application Submittal and Fees, as may be necessary to permit the informed exercise of judgment under the review criteria for the application.

(4)

Disclaimer. Outcomes of the pre-application conference shall not imply, in whole or in part, the submittal of or a final decision on any application required by this ordinance.

(5)

Continuing review process. In order to be approved, applications that require a pre-application conference shall subsequently undergo the applicable processes established in this article, starting with subsection 20-6-1(c), Application Submittal and Fees.

(c)

Application submittal and fees.

(1)

Application form. An application for every development review procedure required by this ordinance shall be submitted in a format established by the zoning administrator. At the time the application is submitted, a fee shall be paid in the amount established by the city's fee schedule.

(2)

Fees.

a.

Schedule of fees, charges, and expenses. The city council shall establish a schedule of fees and charges for matters pertaining to this ordinance. The schedule of fees shall be posted in the office of the zoning administrator and may be altered or amended only by the city council.

b.

Payment in full required. No permits, certificates, or approvals required by this ordinance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full.

c.

Refunds. Fees for rejected, denied, expired, voided, or revoked applications are not refundable.

(3)

Authorization to initiate an application. Table 20-6-1(c)-1, Application Authorization, denotes those who are authorized to initiate each of the application types.

(4)

Deadlines. The zoning administrator may establish and publish application submittal deadlines.

(5)

Continuing review process. Application submittals shall subsequently undergo a completeness application review established in subsection 20-6-1(d), Completeness Review, before being deemed as submitted to the city.

(d)

Completeness review.

(1)

Timeline. Within three (3) business days after an application is submitted, the zoning administrator shall review the application to verify that it is complete.

(2)

Meaning of completeness. The zoning administrator shall deem an application complete when it contains:

a.

All of the submittal information required in the application form;

b.

Documents or drawings that are prepared and certified by qualified professionals (where such certifications are required);

c.

The application fee; and

d.

Any additional information that is necessary to demonstrate compliance with all of the applicable requirements of this ordinance.

(3)

Notification and submittal date. When the application is deemed complete, the zoning administrator shall notify the applicant in writing. Complete applications are considered submitted or filed on the date that the zoning administrator deems them complete.

(4)

Incomplete applications.

a.

Explanation. The zoning administrator shall make available incomplete applications to the applicant with a written explanation that describes the materials that shall be submitted in order to achieve a complete application.

b.

Period for application revisions. If the missing or incomplete items are not submitted within a five-day period after notice of an incomplete application, then the application shall not be accepted for filing for the current review cycle.

c.

Incomplete or rejected application. Incomplete or rejected applications are not considered "filed" or "submitted".

d.

Application deadlines. Where an application deadline applies per subsection 20-6-1(c), Application Submittal and Fees, the applicant shall complete the incomplete application and submit it to the zoning administrator before the applicable deadline to be placed on the agenda for the next regular public meeting or public hearing.

(5)

Completeness does not equate to approval. A determination of completeness does not mean that:

a.

The contents of the submittal are accurate or that they comply with the standards of this ordinance;

b.

The application will receive a positive recommendation or final decision from the applicable development review body; or

c.

During review, additional clarification or information will not be needed.

(6)

Continuing review process. Complete applications shall subsequently undergo the processes established in subsection 20-6-1(e), Staff Review and Distribution.

(e)

Staff review and distribution.

(1)

Review, final decision, and distribution. After completeness determination, the appropriate development review body shall, according to the review responsibilities denoted in Table 20-6-1(k)-1, Summary of Procedures, do one (1) of the following:

a.

Review and comment. Review an administrative application and provide comments to the applicant, which may include required revisions based on the requirements of this ordinance and other adopted requirements and standards;

b.

Review and decide. Review and make a final decision on an administrative application; or

c.

Distribution. Distribute all other application types to the appropriate development review body or outside agency including, but not limited to, utilities and school districts, for review, comment, and, if denoted in Table 20-6-1(k)-1, Summary of Procedures, recommendation or final decision.

(2)

Required revisions.

a.

Comments. During application review, the zoning administrator may provide comments from the development review committee to the applicant. The applicant shall revise and resubmit the application with requested changes in order for the application to proceed through the review process.

b.

Resubmittal. Upon receipt of the resubmittal, the zoning administrator 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.

(3)

Administrative recommendation or decision. Promptly after submittal of a complete application that addresses the comments provided pursuant to subsection (2), Required Revisions, above (or, after finding that no revisions are required), one (1) of the following shall apply:

a.

Administrative review applications. If the application is for a review procedure addressed in section 20-6-2, Administrative Review Procedures, then the administrative review body denoted in Table 20-6-1(k)-1, Summary of Procedures, shall approve, conditionally approve, or deny the application, as appropriate.

b.

All other review applications. If the application is for a review procedure addressed in section 20-6-3, Master Plans, Amendments, and Conditional Uses Review Procedures or section 20-6-4, Variances, Administrative Appeals, and Interpretations Review Procedures then the applicable administrative review body shall forward a recommendation to the next development body in the review process which will consider it for further recommendation or final decision according to Table 20-6-1(k)-1, Summary of Procedures.

(4)

Continuing review process.

a.

Approved applications. Applications receiving approval may subsequently undergo the processes established in subsection 20-6-1(i), Post-Decision Provisions.

b.

Applications requiring public meeting or hearing. Applications requiring a public meeting or hearing, as denoted in Table 20-6-1(k)-1, Summary of Procedures, shall subsequently undergo the processes established in subsection 20-6-1(g), Public Notice, Meetings, and Hearings.

(f)

Common review criteria.

(1)

Common review criteria. In determining whether to approve, approve with conditions or modifications, or deny an application, the development review bodies making a recommendation or taking final action shall consider the basic review criteria denoted in Table 20-6-1(f)-1, Common Review Criteria Applicability. Additional review criteria may apply and are enumerated in the specific review procedures of this article.

(2)

Burden of proof or persuasion. In all cases, the burden is on the applicant to show that an application complies with applicable review criteria.

(g)

Public notice, meetings, and hearings.

(1)

Public notice.

a.

Publication notice. When required, as denoted in Table 20-6-1(k)-1, Summary of Procedures, published notice shall be provided in a local publication of record in accordance with the requirements of the Texas Local Government Code (TLGC), Chapter 211.

b.

Mailed notice. When required, as denoted in Table 20-6-1(k)-1, Summary of Procedures, mailed notice shall be:

i.

In written form;

ii.

Sent as required by TLGC Section 211.007(c) to all owners of real property located within two hundred (200) feet of the subject property:

(A)

Measured from the perimeter of the subject property; and

(B)

Taken inclusive of public streets.

iii.

Served by using the last known address as listed on the county tax roll and depositing the notice, postage paid, with the United States Postal Service (USPS).

c.

Contents of notice. Regardless of whether the notice is published or mailed, the notice shall contain:

i.

The time and place of the public hearing;

ii.

A brief description of the land which is the subject of the matter of the public hearing;

iii.

The purpose of the public hearing;

iv.

A statement that the public is invited to review and comment on the matter to be heard; and

v.

Contact information for the planning department.

d.

Timeline to provide notice. Regardless of the type of notice that is required, such notice shall be provided at least ten (10) days prior to the public meeting or hearing, unless otherwise specified by Texas state law.

e.

Computation of time. In computing the time periods for notice, the day of mailing, publication, or posting shall not be counted, but the day of the public hearing shall be counted.

f.

Constructive notice. Failure of a surrounding property owner to receive notice of a hearing shall not affect the validity of the final decision.

(2)

Public meetings and hearings.

a.

Open to public. All public hearings shall be open to the public except as otherwise provided in Texas Local Government Code Chapter 551. However, not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this ordinance are classified as requiring a "public meeting" or "public hearing."

b.

Public meetings. Any development review application, except for administrative review applications or written interpretations, that does not require a public hearing as denoted in Table 20-6-1(k)-1, Summary of Procedures, prior to a final decision requires a final decision to be made at a public meeting.

c.

Public hearing. Elected and appointed development review bodies may adopt rules of procedure for the conduct of public hearings. The adopted rules of procedure shall reflect the following general procedures:

i.

The chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant;

ii.

Citizens, applicants, and the city have the right to present expert witnesses;

iii.

Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent;

iv.

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; and

v.

Any person may appear at a public hearing, submit evidence, and be heard.

d.

Decisions. A vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote, except when voice votes are authorized.

e.

Conditional approval or modification of application at public meeting or hearing.

i.

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 development review body holding the meeting or hearing.

ii.

Action on modified applications. The development review 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 zoning administrator. However, if such modifications are so substantial that the development review body determines that it cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials, it shall not accept any subsequent application and shall make no further approvals related to the subject property until the applicant submits the required modifications.

iii.

Referral. Where deemed appropriate by the final decision-making body, applications with significant modifications may be referred back to the recommending body for review, prior to further consideration.

(3)

Continuing review process. Requests receiving approval at a public meeting or hearing may subsequently undergo the processes established in subsection 20-6-1(i), Post-Decision Provisions.

(h)

Appeals.

(1)

Window for appeal. All appeals listed below shall be submitted to the zoning administrator or to a Court of Competent Jurisdiction, as appropriate.

(2)

Appeal of planning and zoning commission decision. Any party aggrieved by or alleging an error in a final decision of the planning and zoning commission (commission) may appeal to the city council within twenty (20) days of the commission's decision.

(3)

Appeal of board of adjustment or city council decision. Any party aggrieved by or alleging an error in a final decision of the board of adjustment (BOA) or city council may appeal to a court of competent jurisdiction within ten (10) days of the decision being appealed in accordance with Texas Local Government Code Section 211.011.

(4)

Appeal of administrative decision. Any party aggrieved by or alleging an error in a final decision of the zoning administrator, the building official, or the public works director on a matter addressed in this ordinance may appeal in accordance with subsection 20-6-4(d), Appeal of Administrative Decision, within twenty (20) days of the administrative decision. For appeals of the decisions of the floodplain administrator, refer to Chapter 4, Article III, Section 4-104, Permit Procedures, of the City's Code of Ordinances.

(i)

Post-decision provisions.

(1)

Modification of an approved application. Modifications to approved applications shall be done in accordance with subsection 20-6-2(i), Minor Modification of an approved application. However, if the change does not meet the criteria for a minor modification, the application shall be resubmitted as a new application.

(2)

Revocation of approval. A development review body may revoke any permit or approval it issued where there has been a violation of the provisions of this ordinance or misrepresentation of fact on the application or in the public meeting or hearing.

(3)

Approvals run with land. Permits or approvals authorizing a particular land use or structure shall run with the land and transfer with the subsequent ownership of the land and structures unless an elected or appointed development review body conditions an approval to the contrary. This provision does not apply to nonconformities, which are addressed in Article VII, Nonconformities.

(j)

Inactive and expired applications.

(1)

Unapproved applications.

a.

Process to inactivity. A submitted and completed but unapproved application becomes inactive after ninety (90) days from receiving review comments if the applicant fails to completely address the city's comments to allow further processing of the application.

b.

Expiration. Inactive applications will automatically expire and become null and void without further notice thirty (30) days after the date when they became inactive if the applicant fails to take action or request an extension of time.

(2)

Approved applications. Approved applications shall expire at the end of the expiration period as denoted in Table 20-6-1(k)-1, Summary of Procedures, unless:

a.

A complete application for the next required approval in a sequence of approvals is submitted and pending upon the expiration of the period;

b.

Development has commenced and is being diligently pursued toward completion; or

c.

An extension is granted in accordance with subsection (3), Extension of Time, below.

(3)

Extension of time.

a.

Request. Prior to the expiration of an approved application or unapproved inactive application, the applicant may request in writing and the zoning administrator may approve an extension of the expiration date of up to six (6) months.

b.

Amendments. If the city council amends this ordinance or adopts other applicable regulations during the period of time when the application was inactive, the application shall:

i.

Not be subject to compliance to the new regulations until the original application is considered to be voided; and

ii.

Become subject to the new regulations and ordinances if the period of time to request an extension lapses.

c.

Expiration of extension. Approved applications or unapproved inactive applications shall expire after the six-month extension lapses if the zoning administrator determines that the applicant is not actively pursuing action to complete the development or address comments.

(k)

Review procedure summary.

(1)

Generally. Procedures for obtaining development review approval pursuant to this ordinance are summarized in this subsection.

(2)

Applications and procedures. Each application required by this ordinance is spelled out in Table 20-6-1(k)-1, Summary of Procedures, below.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)

(a)

Generally. This section outlines specific review criteria, procedures, and/or the effect of approval for every administrative procedure. These are in addition to the common review procedures detailed in section 20-6-1, Common Review Procedures. The development review body responsible for the review, recommendation, and final decision for each application is denoted in Table 20-6-1(k)-1, Summary of Procedures.

(b)

Building permit. Procedures for building permits are outlined in Chapter 4, Buildings, Construction, Related Activities, of the City's Code of Ordinances.

(c)

Certificate of occupancy. Procedures for certificate of occupancy are outlined in Chapter 4, Buildings, Construction, Related Activities, of the City's Code of Ordinances.

(d)

Floodplain development permit. Procedures for floodplain development Permits are outlined in Chapter 4, Article III, Section 4-104, Permit Procedures, of the City's Code of Ordinances.

(e)

Limited use permit.

(1)

Specific review criteria. To approve the application, affirmative findings shall be made of all applicable criteria, including the use-specific standards detailed in section 20-3-3, Limited Use Standards.

(2)

Effect. An approved limited use through a limited use permit authorizes that use to be established according to specific standards set out in section 20-3-3, Limited Use Standards. Approval of a limited use permit does not directly authorize development if other approvals are also required by this ordinance.

(f)

Sign permit. Procedures for sign permits are outlined in Chapter 16.5, Section 16.5-3, Permit Procedures and Fees, of the City's Code of Ordinances.

(g)

Site development plan.

(1)

Specific review criteria. To approve the application, affirmative findings shall be made of all applicable criteria, including the following:

a.

Submittal features. The following features shall be required on all site development plans submitted for review by the development review committee.

i.

Address numbers for each building, if available.

ii.

The legal description of the subject property.

iii.

The location of all boundary lines for the subject property.

iv.

The location and width of all platted streets, alleys, and easements within or adjacent to the subject property.

v.

The location and width of all parkways adjacent to the subject property.

vi.

The names of streets adjacent to the subject property.

vii.

The location, size, and character of all existing and proposed buildings on the subject property, the minimum distance between buildings, the distance between buildings and the property line, and the square footage of each.

viii.

The setting of all structures on adjoining property, if said structures are located within fifteen (15) feet of the subject property's boundary.

ix.

Location of all off-street parking spaces, driveways, vehicle maneuvering areas, barriers, curb cuts, and loading facilities.

x.

Types of surfacing.

xi.

Indication of landscaping, including all planting strips, trees, retaining walls, and other improvements or alterations to the land.

xii.

Height and character of all screening walls and fences.

xiii.

Height of all structures.

xiv.

Height and location of all freestanding light standards.

xv.

Location of facilities for refuse disposal.

xvi.

Location of nearest fire hydrants.

xvii.

Location, type, and size of all water and sewer mains.

xviii.

Direction of drainage across property and outfall from the property. Stormwater detention shall be required for all sites over two and one-half (2½) acres, not otherwise provided for in a subdivision.

xix.

Location, type, and size of all drainage facilities.

xx.

Notation of regulatory flood hazard or floodway boundary.

xxi.

Finished ground floor elevations.

xxii.

Top of curb, top of pavement, flowline elevations at each corner, end of curve, grade break, etc., for all sites requiring more than six (6) parking spaces.

xxiii.

Location, type, size and height of all signs, other than wall signs.

xxiv.

Proposed uses classified, to the extent reasonably possible, according to the description of permitted use.

xxv.

North arrow and graphic scale.

xxvi.

Benchmark elevation and location.

b.

Infrastructure capacity. The proposed development does not exceed the capacity of existing and planned infrastructure and public services including, but not limited to, systems for water, sewer, drainage, transportation, solid waste removal, and public safety;

c.

Circulation, accessibility, and compatibility. The design of the project provides for vehicle and pedestrian accessibility and circulation within, out of, and into the development and appropriate compatibility and buffering between the development, surrounding land uses (existing or planned), and the natural environment; and

d.

Hazards and nuisances. The proposed development protects public health and safety against natural and man-made hazards and nuisances which include, but are not limited to, traffic noise, water pollution, and flooding.

(2)

Site development plan review submittal. A site development plan shall be provided electronically and uploaded to the online permitting system at a scale not smaller than one (1) inch to fifty (50) feet for all new industrial, commercial, and multifamily projects. New single and two-family dwellings shall provide a single site plan indicating sidewalks, fences, septic systems (when applicable), etc.

(3)

Specific review procedures.

a.

After a site plan review application is found to be complete and fees are paid, city staff shall accept the proposed site plan for development review. City staff shall distribute copies of the site plan for review and comment to members of the development review committee.

i.

Within ten (10) business days after the site plan has been submitted, it shall be returned to the applicant for any required revisions.

ii.

If the applicant and development review staff do not concur on the required revisions, the site plan shall be referred to the planning and zoning commission for consideration and final action.

iii.

When revisions are required, the applicant shall revise the site plan and resubmit review. Within five (5) business days after the revised site plan has been resubmitted, it shall be reviewed by city staff with any required revisions for approval.

(4)

Effect. Approval of a site development plan authorizes the applicant to proceed with development of the site as proposed in the site development plan. It does not directly authorize development if other approvals are required by this ordinance.

(h)

Temporary use permit.

(1)

Specific review criteria. To approve the application, affirmative findings shall be made of all applicable criteria, including the following:

a.

Temporary use standards. The applicable standards detailed in section 20-3-6, Temporary Uses and Structures.

b.

Size and safety of event. The zoning administrator may deny a permit if the use is too large to be safe for the site, neighborhood, street, or infrastructure.

(2)

Specific review procedures. The zoning administrator, in coordination with other city staff, may establish additional conditions that are desirable to ensure land use compatibility or minimize potential adverse impacts on neighboring properties, public streets, or the city as a whole. These may include, but are not limited to, the following:

a.

Hours of operation. The modification of or restrictions on hours of operation;

b.

Clean up. Posting of a performance bond to ensure clean-up and removal of signs, equipment, trash, and other similar items; and

c.

Attendance. Limitations on the attendance of an event.

(3)

Effect. Approval of a temporary use permit authorizes the temporary activities on the property that is subject to the permit.

(i)

Minor modification of an approved application.

(1)

Specific review criteria. To approve the application, affirmative findings shall be made of all applicable criteria, including the following:

a.

Application type. The approved application being modified is site development plan, master development plan, temporary use permit, limited use permit, conditional use permit, or variance;

b.

Gross floor area (GFA). An addition to a structure does not exceed ten (10) percent of the previously approved total GFA of the structure;

c.

Height. Additional height of a structure does not exceed ten (10) percent of the previously approved height.

d.

Position. A shift in a structure's position is less than ten (10) feet and does not encroach into a required setback or an easement;

e.

Density. The overall density of the project does not increase as a result of the change in GFA, height, or position; and

f.

Condition of approval. The proposal does not violate a condition of approval for the original application.

(2)

Specific review procedures. All other modifications that do not meet the specific review criteria in subsection (i)(1), above, shall require submittal of a new application.

(3)

Effect. Approving a minor modification of an approved application shall authorize only the particular deviations from the original approved application to the extent provided in the approval of the minor modification.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)

(a)

Generally. This section outlines specific review criteria, procedures, and/or the effect of approval for master plans, amendments, and conditional use permits. These are in addition to the common review procedures detailed in section 20-6-1, Common Review Procedures. The development review body responsible for the review, recommendation, and final decision for each application is denoted in Table 20-6-1(k)-1, Summary of Procedures.

(b)

Master development plans.

(1)

Specific review criteria. Recommendations and final decisions shall be based on applicable criteria, including the following:

a.

Phasing. The development is phased in a manner that assures an adequate mixture of residential and nonresidential land uses and allows for transition from the early phases to completion, relating to the intensity of uses and parking;

b.

Undeveloped space. Together with the developed areas, the undeveloped spaces devoted to natural resource preservation, buffering of uses, and for passive and active recreational use are continuous throughout the development and, where appropriate, may double as stormwater best management practices;

c.

Site layout. The subject property is laid out in an efficient manner relative to the natural and built environments and designed to achieve the aims of a compact, highly walkable environment; and

d.

Quality design. The design of buildings and hardscape and landscape areas help to establish visual interest, aesthetic appeal, and a unique identity for the development, including as key considerations human-scale amenities, integration of civic spaces for public interaction, and protection from the environmental elements.

(2)

Effect. Upon approval, all subsequent site development plans and other permits shall clearly demonstrate consistency and conformance with the adopted master development plan.

(c)

Text amendment.

(1)

Specific review criteria. Recommendations and final decisions shall be based on applicable criteria, including the following:

a.

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, stormwater management, and vegetation, or will be neutral with respect to these issues;

b.

Changing condition. The amendment is necessary to address a changing condition that was not anticipated in the comprehensive plan or this ordinance; and

c.

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.

(2)

Specific review procedures.

a.

If necessary, the zoning administrator may, with approval of the planning and zoning commission as a consent agenda item:

i.

Correct spelling or punctuation errors;

ii.

Make cross-reference changes (because another section of this ordinance or the City's Code of Ordinances has been moved or changed);

iii.

Correct cross-reference errors; and

iv.

Update graphics and images that do not change any substantive standards of this ordinance.

b.

If the planning and zoning commission deems the proposed changes to be significant, then the zoning administrator may pursue a formal text amendment in accordance with this article.

(3)

Effect.

a.

No retroactive cure of violations. The amendment of the text of this ordinance may transform a legally nonconforming situation into a conforming one. However, no text amendment shall be considered for the sole purpose of curing a violation of any part of this ordinance.

b.

Effective date. Approval of a text amendment shall take effect upon the effective date of the ordinance approving the amendment.

(d)

Zoning map amendment.

(1)

Specific review criteria. Recommendations and final decisions shall be based on applicable criteria, including the following:

a.

Consistency. The proposed zoning map amendment is consistent with the future land use plan map of the comprehensive plan, or an adopted subarea plan, corridor plan, or other city policy, and is consistent with the purpose statement of the proposed zoning district or changes in condition have occurred such that the character of the surrounding area is transitioning or being affected by other factors, such as traffic, a new school, adjoining uses, or environmental issues not contemplated by the comprehensive plan;

b.

Compatibility. The range of uses allowed by the proposed zoning district will be compatible with the properties in the immediate vicinity of the subject property;

c.

Traffic. The traffic generated by the land uses permissible in the requested rezoning/zoning map amendment will not lead to undue congestion, noise, or traffic hazards;

d.

Adequate public facilities. Facilities and services are available to serve the subject property without compromising provisions for adequate levels of service to other properties; and

e.

Natural environment. The district resulting from the requested zoning map amendment will not cause harm to natural features on or adjacent to the subject property.

(2)

Specific review procedures.

a.

Recommendation of denial of rezoning request. If the planning and zoning commission recommends denial of a zoning map amendment, the city council shall only approve the request with a three-fourths (¾) vote of all members (present and absent) of city council.

b.

Protest against rezoning. A zoning map amendment shall not become effective except by a favorable vote of three-fourths (¾) of all members of the city council if either of the following sign a valid protest against the amendment:

i.

Owners of twenty (20) percent or more of the land included in such proposed amendment; or

ii.

Owners of twenty (20) percent of the land within two hundred (200) feet of the subject property. The land area within this radius includes any intervening public street or alley.

(3)

Effect. Approval of a zoning map amendment shall take effect upon the effective date of the ordinance approving the amendment.

(e)

Future Land Use Plan (FLUP) map amendment.

(1)

Specific review criteria. Recommendations and final decisions shall be based on applicable criteria, including the following:

a.

Compatibility. The land use types and characteristics of the proposed land use category will be compatible with the properties in the immediate vicinity of the subject property;

b.

Impact mitigation. The amendment may serve 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, stormwater management, and vegetation, or will be neutral with respect to these issues;

c.

Comprehensive plan. The proposed amendment supports the goals of Chapter 2, Future Land Use Plan Map of the comprehensive plan; and

d.

Changing conditions. The amendment may serve to address a changing condition that was not anticipated by the comprehensive plan.

(2)

Specific review procedures. FLUP map amendment requests may be applied for simultaneously with zoning map amendment requests.

(3)

Effect. Approval of an amendment to the FLUP map shall take effect upon the effective date of the ordinance approving the amendment.

(f)

Conditional use permit.

(1)

Specific review criteria. To approve the application, affirmative findings shall be made of all applicable criteria, including the following:

a.

Public health and safety. The granting of the conditional use permit is not injurious or otherwise detrimental to the public health, safety, and welfare of the general public;

b.

Property and improvements in the vicinity. The granting of the conditional use permit is not substantially or permanently injurious to the property or improvements in the vicinity in which the property is located;

c.

Concentration. The conditional use will not create an unwanted concentration of similar conditional uses that is likely to discourage permitted uses by making the vicinity less desirable for them; and

d.

Location. There is no practical alternative location where the conditional 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:

i.

Providing a needed community service;

ii.

Providing a critical mass of related and mutually supportive land uses that promote quality economic development and opportunity;

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

iv.

Making more efficient use of public infrastructure.

(2)

Specific review procedures. The planning and zoning commission may recommend, and the city council may approve, conditions of approval to the conditional use permit in order to mitigate its impacts on adjacent land uses such that it complies with the associated decision criteria. The subject matter of conditions may include, but not be limited to, the following:

a.

Additional landscaping or buffering;

b.

Building or façade improvements;

c.

Noise abatement measures;

d.

Limitations on lighting, such as lighting curfews or restrictions on levels of illumination;

e.

Measures to control, mitigate, or direct traffic;

f.

Parking, loading, stacking, and site circulation adjustments;

g.

Restrictions on outdoor displays, sales, or storage; and/or,

h.

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).

(3)

Effect. Issuance of a conditional use permit authorizes the establishment of the use approved on the property and is subject to any other required permits or approvals, such as a building permit, certificate of occupancy, or subdivision approval. A conditional use permit does not authorize the construction, reconstruction, alteration, relocation, or demolition of any building or structure.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)

(a)

Generally. This section outlines specific review criteria, procedures, and/or the effect of the board of adjustment's, or in the case of a written interpretation, the zoning administrator's, final action for variances, administrative appeals, and interpretations. These are in addition to the common review procedures detailed in section 20-6-1, Common Review Procedures. The development review body responsible for the review, recommendation, and final decision for each application is denoted in Table 20-6-1(k)-1, Summary of Review Procedures.

(b)

Variance.

(1)

Specific review criteria.

a.

Variances for signs. Criteria for variance requests regarding signs are outlined in Chapter 16.5, Section 16.5-11, Variance, of the City's Code of Ordinances.

b.

Other variances. To approve the application, affirmative findings shall be made of all applicable criteria, including the following:

i.

Special circumstances or conditions exist. There are special circumstances or conditions existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions, and location that do not apply generally to other property in the same area and in the same zoning district;

ii.

Not created by applicant and not financial. The special circumstances or conditions existing on the property were not created by the applicant and are not merely financial;

iii.

Use of property. Such special circumstances or conditions existing on the property on which the application is made deprive the applicant of the same rights in the use of his or her property that are presently enjoyed by other owners of properties located in the vicinity and same zoning district;

iv.

Will not adversely affect land use pattern. Granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the city's comprehensive plan; and

v.

Not detrimental to public. Granting of a variance will not be detrimental to the public health, safety, or welfare or injurious to the use, enjoyment, or value of other property in the vicinity.

(2)

Specific review procedures. Procedures for Variance requests regarding signs are outlined in Chapter 16.5, Section 16.5-11, Variance, of the City's Code of Ordinances.

(3)

Effect.

a.

Particular variation. Issuance of a variance shall authorize only the particular variation that is approved in the variance request.

b.

Property ownership. A variance shall run with the land and not be affected by a change in ownership.

c.

Other approvals. Approval of a variance does not guarantee that the development shall receive subsequent approval for other development review applications unless the relevant and applicable portions of this Ordinance or any other applicable provisions are met.

(c)

Variance, floodplain. Procedures for variance, floodplain are outlined in Chapter 4, Article III, Section 4-105, Variance Procedures, of the City's Code of Ordinances.

(d)

Appeal of administrative decision.

(1)

Specific review criteria. Recommendations and final decisions shall be based on applicable criteria, including the following:

a.

Record and evidence. The administrative decision was appropriate considering the written record of the case and the evidence presented; and

b.

Ordinance requirements. The decision reflects the requirements contained in this ordinance.

(2)

Specific review procedures.

a.

Transmission of records. The staff person whose decision is appealed shall transmit to the board of adjustment all of the documents constituting the record of the appealed action.

b.

Burden of proof in appeals. The board of adjustment shall presume the final decision being appealed to be valid. The appellant shall present sufficient evidence and have the burden to justify a reversal of the decision being appealed.

(3)

Effect.

a.

Stay of proceedings. An appeal of any order, requirement, decision, or determination shall stay all proceedings unless the zoning administrator certifies that a stay would cause imminent peril to life or property.

b.

Final decision. The board of adjustment 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.

c.

No variance. A decision on an appeal of an administrative decision cannot grant or issue a variance.

d.

Flood boundary. A decision may support, reverse, or remand an order or determination of a boundary of the special flood hazard area.

(e)

Written interpretation.

(1)

Specific review criteria. The applicable development review body as denoted in Table 20-6-1(k)-1, Summary of Procedures may base the interpretation on:

a.

Information. The application and information provided by the applicant;

b.

Purpose statements. The purpose statement for the ordinance section that is subject to interpretation;

c.

Word meanings. 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;

d.

Word usage. The provisions of Article IX, Word Usage;

e.

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

f.

Other interpretations. Other interpretations rendered by the zoning administrator associated with the same or related provisions of this ordinance;

g.

Legislative history. The legislative history of the provision subject to interpretation;

h.

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

i.

Other related provisions. Any provision of this ordinance, the comprehensive plan, Texas state law, or federal law that are related to the same subject matter.

(2)

Effect.

a.

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

b.

Final decision. For purposes of appeal, a written interpretation is deemed a final decision. An appeal of a written interpretation shall take place in accordance with section 20-6-4(d), Appeal of Administrative Decision.

c.

Recordkeeping. The zoning administrator shall keep records of interpretations made pursuant to this section.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)