1. Established. The City Council is established in the City's Home Rule Charter.
2. Powers and Duties. The City Council shall have the authority to make final decisions on the development review applications denoted in Table 14.602.10-1, Development Review Summary Table. 

Effective on: 5/20/2019

1. Established. This Section establishes a Planning and Zoning Commission (Commission).
2. Powers and Duties.
   1. Matters in this UDC. The Commission shall have the authority to make recommendations or make final decisions on the development review applications denoted in Table 14.602.10-1, Development Review Summary Table.
   2. Matters Outside of this UDC. The Commission shall have the following additional powers and duties. The Commission shall:

1. 1. 1. Act as an advisory body to the Council relating to the widening or extension of public improvements and utilities; and
2. 1. 2. Recommend a Comprehensive Plan and amendments of the Plan to the City Council, along with Corridor and Special Area Plans and their amendments. 
      3. Make an annual report of each year to the Council as to the Commission’s activities.

3. Membership.

1. 1. Numbers. The Commission shall consist of seven members.
   2. Composition. The Commission shall be composed of members who meet the following qualifications or characteristics: 

      1. Except for one member who is a resident of the Dayton Extraterritorial Jurisdiction (ETJ), residents in the City of Dayton for a minimum of two years;

      2. One resident of the Dayton ETJ; 

      3. No conviction of a felony;

      4. No delinquency on any City taxes or utilities;

      5. Qualified City of Dayton voter at the time of appointment;

      6. No determination of being mentally incompetent by a final judgment of a court of law; and

      7. Demographically representative of the city.

4. Appointments. The City Council shall appoint members of the Commission for terms of two years, or until their successors are appointed. Terms begin from the date of appointment. The Council shall appoint four members in every even-numbered year, and three members in every odd-numbered year. In making the initial appointments, the Council shall designate four of their appointments to serve two years and three of their appointments to serve one year.
5. Vacancies and Removal. The Council shall fill vacancies in an unexpired term by appointment for the remainder of the term. The Council may vote to remove a member for good cause at any time in a public meeting.
6. Officers and Staff. The Commission shall elect a Chairperson and Vice-Chairperson at the first meeting of each calendar year. The Director shall serve as Secretary to the Commission.
7. Quorum and Voting. A quorum shall consist of a majority of the entire membership of the Commission, and any issue to be voted on shall be resolved by a majority of those members present. The Chairperson shall be entitled to vote upon any question, but shall have no veto power.
8. Meetings and Procedures.

1. 1. Frequency, Location, Date. and Time. The Commission shall meet not less than once each month, unless there are no items for it to review. Meetings shall be held at the place, time, and date stated on the notice of meeting posted at City Hall. Meetings shall be open to the public, and held in conformance with Texas Local Government Code Chapter 552, Public Information. The Chairperson may call a special meeting following required notice. 
   2. Absences. Any member of the Commission who misses three consecutive regular meetings without valid reason, as determined by Council, shall be deemed no longer interested in serving, and the Council shall appoint a new interim member to fill the vacancy.
   3. Rules of Procedure.  The Commission may establish its own rules of procedure, provided that such shall not conflict with the laws applicable to the Commission or the provisions of this UDC.

Effective on: 5/20/2019

1. Established. This Section establishes a Board of Adjustment (BOA), with membership, qualifications, and terms of office in accordance with and controlled by the provisions of Texas Local Government Code Section 211.008, Board of Adjustment.
2. Powers and Duties. The BOA shall have the authority to make final decisions on the development review applications denoted in Table 14.602.10-1, Development Review Summary Table.
3. Alternate Members. The City Council may appoint alternate members of the BOA to temporarily serve in the absence of a permanent member. An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member. The City Council may fill a vacancy among the alternate members in the same manner as a vacancy among the regular members.
4. Meetings and Procedures.

1. 1. Time and Place of Meetings. The BOA shall meet not less than once each month, unless there are no items for it to decide upon. All BOA meetings shall be open to the public and held in conformance with Texas Local Government Code Chapter 522, Public Information. The Chairperson may call a special meeting following required notice.
   2. Rules of Procedure. The BOA may establish its own rules of procedure, provided that such shall not be in conflict with the laws applicable to the BOA or the provisions of this UDC. 

Effective on: 5/20/2019

1. Established. This Section establishes a coordinated and centralized committee, known as the Development Review Committee (DRC), that is composed of the City staff members with an interest in development review for the purpose of making recommendations on certain applications established in this UDC.  
2. Powers and Duties. The DRC shall have the authority to make recommendations on the development review applications denoted in Table 14.602.10-1, Development Review Summary Table.
3. Membership. The DRC shall be composed of the following City staff members. 
   1. Chairperson. The Director shall serve as the Chairperson of the DRC and shall be responsible for all procedures, guidance, coordination, scheduling, and recommendations of the Committee. 
   2. Other City Staff Members. In addition to the Chairperson, other City staff members of the DRC shall include the:
      1. City Manager; 

1. 1. 2. Assistant City Manager of Development Services;
      3. City Engineer; 
      4. Director of Public Works; 
      5. Fire Marshal;  
      6. Building Official; and
      7. Any other City employee deemed necessary upon determination by the City Manager.

1. 3. Non-City Staff Members. Other staff from various local, county, state, or federal agencies may participate in the development review process as needed from time to time.

4. Applicant Meeting. The applicant may meet with the DRC to receive its comments and recommendations on an application, so as to allow the applicant to make any recommended or desired changes, corrections, or modifications.

Effective on: 5/20/2019

1. Generally. The Director of Planning (Director) is a member of the City staff who is ultimately responsible for processing an application to a final decision (in case of administrative review applications) or making a recommendation to another review body (in case of all other applications). The Director shall designate City staff members to manage applications through the review process, to be points of contact for applicants, and and shall perform such other duties as may be required in this UDC. The Director may also delegate review responsibilities to other members of the City staff with relevant technical training or expertise, or, as appropriate, to consultants that are authorized by the City Council.
2. Powers and Duties. The Director shall have the authority to make recommendations or final decisions on the development review applications denoted in Table 14.602.10-1, Development Review Summary Table.

Effective on: 5/20/2019

1. Powers and Duties Relative to Matters in this UDC. The Building Official shall have the authority to make final decisions on the development review applications denoted in Table 14.602.10-1, Development Review Summary Table.
2. Powers and Duties Relative to Matters Outside of this UDC. In addition to the powers and duties set forth above, the Building Official shall perform duties as outlined in the remainder of the City Code.

Effective on: 5/20/2019

1. Powers and Duties Relative to Matters in this UDC. The City Engineer shall have the authority to make final decisions on the development review applications denoted in Table 14.602.10-1, Development Review Summary Table.
2. Powers and Duties Relative to Matters Outside of this UDC. In addition to the powers and duties set forth above, the City Engineer shall perform duties as outlined in the remainder of the City Code.

Effective on: 5/20/2019

1. Designation of the Floodplain Administrator. The City Manager shall appoint a floodplain administrator to administer and enforce the relevant provisions of this UDC and other appropriate sections of Code of Federal Regulations (CFR) Title 44, Emergency Management and Assistance, pertaining to floodplain management.
2.   Powers and Duties.

   1. Recommendations and Final Decisions. The Floodplain Administrator shall have the authority to make recommendations or final decisions on the development review applications denoted in Table 14.602.10-1, Development Review Summary Table.

   2. Other Powers and Duties.  The Floodplain Administrator shall have the following additional powers and duties. The Floodplain Administrator:

1. 1. 1. Shall maintain and hold open for public inspection all records pertaining to the floodplain provisions of this UDC;
2. 1. 2. Shall review permits for proposed development to assure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required;
      3. Shall make the necessary interpretation, where interpretation is needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions); 
      4. Shall notify, in riverine situations, adjacent communities and the Texas Water Development Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
      5. Shall assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained;
      6. Shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available from a federal, state, or other source, in order to administer the provisions of Section 14.402, Flood Hazard Reduction when base flood elevation data has not been provided in accordance with Sec. 14.401.5.B, Basis for Establishing the Areas of Special Flood Hazard;
      7. Shall maintain a record of all actions involving a Floodplain Variance and shall report such Variances to FEMA upon request.
      8. Shall require that no new construction, substantial improvements, or other development (including fill) be permitted within zones A1-30 and AE on the community’s Flood Insurance Rate Map (FIRM), when a regulatory floodway has not been designated, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community; and
      9. May, under the provisions of CFR Title 44, Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, approve certain development in zones A1-30, AE, AH, on the City's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the City first completes all of the provisions required by Section 65.12.
          

          

Effective on: 5/20/2019

No person may use, occupy, subdivide, or develop land, or use, occupy, erect or modify buildings, signs, or other structures, except in accordance with all applicable provisions of this UDC. For purposes of this section, the “use” or “occupancy” of a building or land relates to anything and everything that is done to, on, or in that building or land.

Effective on: 5/20/2019

Every administrative body vested with the authority to make a final decision on a development review application under this UDC may not issue an approval for any use, structure, subdivision, or improvement that conflicts with any provision of this UDC. 

Effective on: 5/20/2019

1. Abrogation. Except for those provisions of the City Code explicitly repealed upon the adoption of this UDC, this UDC is not intended to repeal, abrogate, or impair any existing public or private laws, easements, covenants, or deed restrictions.
2. Conflict. 

1. 1. Public Restrictions. The following provisions apply to laws adopted by a federal, state, or local legislative body.

1. 1. 1. Where this UDC conflicts with another local, state, or federal law, whichever the Director finds imposes the more stringent restrictions controls. Where the Director finds conflicting provisions to be equally stringent, then the provision more recently adopted controls. 

1. 1. 2. Where the text of this UDC conflicts with its tables or illustrative material, the text controls. Where a table of this UDC conflicts with an illustration, the table controls.

1. 2. Private Restrictions. The City does not interpret or enforce private restrictions, including, but not limited to, deed restrictions, covenants, or easements, unless it is a party to them. If the City is a party to private restrictions, and such restrictions conflict with this UDC, then the more stringent restrictions control.  

Effective on: 5/20/2019

1. Interpretation. In the interpretation and administration of this UDC, all provisions shall be:
   1. Considered as minimum requirements for promotion of the Purposes of this UDC; and
   2. Liberally construed in favor of the City.
2. Other Applicable Requirements. The approval of any development review application in accordance with the requirements of this UDC shall not relieve the applicant from the responsibility of complying with all other applicable requirements of any other local, state, or federal agency having jurisdiction over the land uses, structures, or improvements for which the approval was issued.

Effective on: 5/20/2019

1. Generally. If a court of competent jurisdiction holds any provision of this UDC to be illegal or invalid, the remainder of this UDC shall not be affected. .
2. As-Applied. If a court of competent jurisdiction holds any application of a provision of this UDC to a particular structure, land, or water to be illegal or invalid "as-applied", such judgment shall not be applicable to any other structure, land, or water not specifically included in such judgment.

Effective on: 5/20/2019

1. Generally. Zoning districts are shown on the map entitled "official zoning map" of the City. The official zoning map is on file and available for inspection during regular business hours at City Hall.
2. Force and Effect. The official zoning map, together with all legends, references, symbols, boundaries, and other information, is adopted by reference as a part of this UDC.
3. Effective Date. The effective date of an ordinance approving a Zoning Map Amendment shall be the date specified in the ordinance itself, and not the date of revision of the official zoning map.  
4. Status of the Zoning Map. The official zoning map that is on file at City Hall shall control in the event of a conflict between the map that is on file and any other reproduction of the official zoning map.
5. Interpreting the Zoning Map. Where the official zoning map appears to be unclear regarding the location of district boundaries, the Director shall make a determination using the following criteria.

1. 1. Rights-of-Way or Easements. Where district boundaries appear to follow existing streets, alleys, railroad tracks, utility lines, or similar features, the Director shall construe the zoning boundary to follow the center line of the rights-of-way or easement. Where the location of these features on the ground differs from that shown on the official zoning map, the features on the ground control.
   2. City Limits. Where district boundaries are indicated as approximately following City limits, the Director shall consider the City limits as the district boundaries.
   3. Property Lines. Where district boundaries are indicated as approximately following property lines, the Director shall consider such lines to be the boundaries.
   4. Watercourses. The Director shall construe boundaries shown as following, or approximately following, the centerline of drainageways, streams, waterbodies, or other watercourses, as following the centerline. In the event of a natural change in the location of such streams or other watercourses, the Director shall construe the zoning district boundary as moving with the centerline.
   5. Unsubdivided Land or No Identifiable Feature. On unsubdivided land, or where a district boundary follows no identifiable feature, the location of the boundary, unless the same is indicated by dimensions, shall be determined by applying, in order, the following rules:
      1. Legal Description. The boundary shall be according to the legal description or field notes in the ordinance establishing the district boundaries.
      2. Text Dimensions. The boundary shall be located by reference to dimensions shown in the text on the official zoning map, if any.
      3. Map Scale. The boundary shall be located using the scale of the official zoning map.

Effective on: 5/20/2019

1. Generally. If land is annexed from Liberty County into the City, it shall be zoned in accordance with the Future Land Use Map as set out in the City's Comprehensive Plan. Table 14.102.1-1, Zoning Districts, denotes the future land use classes of the Comprehensive Plan and their associated zoning districts. Property owners may petition the City for different zoning of the property in accordance with Sec. 14.604.2, Official Zoning Map Amendment. Simultaneous processing of the annexation and the zoning map amendment is permitted.
2. RA Zoning. If the City Council finds that land for annexation has an inadequate level of public facilities to serve permitted uses in the zoning district that would apply in Subsection A, Generally, above, the Council may annex the property under the RA, Rural Agricultural zoning district. Public facilities include, but are not limited to, utilities, roads, solid waste services, or public safety facilities (fire, police, emergency services).

Effective on: 5/20/2019

1. Generally. It is the intent of the City Council to respect the property rights of applicants with existing or pending development approvals.
2. Effect on Existing Ordinances. The City's ordinances in effect prior to the effective date of this UDC, unless expressly repealed or amended by this UDC, or by some other Council action, remain in effect; provided, however, that where this UDC is more restrictive or where it includes additional provisions (including those that are inconsistent or in conflict with existing ordinances) the City shall enforce this UDC as set out in Sec. 14.502.3, Abrogation and Conflicting Provisions.
3. Pending Applications.
   1. Generally. Each development review application shall be evaluated only in light of the adopted ordinances and technical regulations in effect at the time that each complete application is submitted.
   2. Stale Applications. Pending development review applications that are not pursued with due diligence may expire pursuant to Sec. 14.602.9, Stale Applications and Extensions.
4. Development Approvals that Predate the UDC.

1. 1. Generally. Development approved prior to the effective date of this UDC may be carried out within the scope of the development approval, including applicable standards in effect at the time of approval, provided that the approval is valid and has not expired.
   2. Duration of Approvals. Development approvals that are valid on the effective date of this UDC are valid until their expiration date; or, if no expiration date is specified in the approval documents or prior regulations, pursuant to Table 14.602.10, Development Review Summary Table.

Effective on: 5/20/2019