Effective on: 5/20/2019

2. Sequence of Development Approval. Where more than one development review application is required by this UDC in order to initiate, continue, or complete a development on the same property, administrative bodies shall make final decisions in the following sequence. An administrative body shall make final decisions on:
   1. Legislative applications prior to final decisions on all other applications;
   2. Quasi-judicial applications prior to final decisions on subdivision or administrative applications; 
   3. Subdivision applications prior to final decisions on administrative applications; and
   4. Applications within the same category as Table 14.602.10, Development Review Summary Table, assigns priority.
       

Effective on: 5/20/2019

Effective on: 5/20/2019

3. Refunds. Fees for a rejected, denied, expired, voided, or revoked application are not refundable.
4. Deadlines. The Director may establish periodic application submittal deadlines. 

5. Completeness Review.

   1. Director Responsibility. The Director shall review all development review submittals for completeness.

   2. Meaning of Completeness.  The Director shall deem complete a submittal that contains:

      1. All of the submittal information required in the application form;

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

      3. The application fee; and

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

1. 3. Applications with Submittal Deadlines. For application types that have an established submittal deadline, such as a legislative, quasi-judicial, or subdivision applications, the completeness review and notification required in Paragraph 6, Incomplete Applications, below, shall be accomplished no later than five business days after the specified submittal deadline.

   4. Applications without Submittal Deadlines. For application types that do not have an established submittal deadline, such as administrative applications, the application completeness review and notification required in Paragraph 6, Incomplete Applications, below, shall be accomplished no later than five business days from the date the application is submitted.

   5. Completeness Does Not Equate to Approval. A determination of completeness does not mean that:

      1. The contents of the submittal are accurate or that they comply with the standards of this UDC;

      2. The application will receive a positive recommendation or final decision from the applicable administrative body; or

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

   6. Incomplete Applications.

      1. If the Director determines a submittal not to be complete, the Director shall:

         1. Notify the applicant in writing with a list of all missing or incomplete items; and

         2. Provide a maximum of 10 business days for the applicant to resubmit the missing or incomplete items.

1. 1. 2. If the missing or incomplete items are not submitted within the 10-day period, then the Director shall deem the application rejected, shall not accept the application for filing, and shall make the submittal and application fee available to the applicant for retrieval. After the Director rejects an application, a new application and fee shall be required if the applicant wishes to apply again. 

      3. Incomplete or rejected applications are not considered "filed​​​​​​" or "submitted" for the purposes of Texas Local Government Code Chapter 212, Chapter 245, or for any other purpose.

6. Continuing Review Process. Complete applications shall subsequently undergo the processes established in Sec. 14.602.3, Staff Review and Distribution. 

Effective on: 5/20/2019

2. Required Revisions.
   1. Comments. During application review, the Director may provide comments from administrative bodies, where applicable, to the applicant. The applicant shall revise and resubmit the application with requested changes.
   2. Resubmittal. Upon receipt of the resubmittal, the Director 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 Paragraph B., Required Revisions, above (or, after finding that no revisions are required):
   1. Administrative Applications. If the application is for a review procedure addressed in Section 14.603, Administrative Review Procedures,  then the City staff member denoted in Table 14.602.10, Development Review Summary Table, shall approve, conditionally approve, or deny the application, as appropriate. Applications receiving approval may subsequently undergo the processes established in Sec. 14.602.7, Post-Approval Provisions.
   2. Legislative, Quasi-Judicial, and Subdivision Applications. If, according to Table 14.602.10, the application requires a public meeting or public hearing prior to a final decision, then the applicable City staff member shall forward a recommendation to the next administrative body who will consider it for further recommendation or final decision.  
4. Common Decision Criteria. In addition to all other applicable provisions of this UDC, administrative bodies shall consider the provisions of Sec. 14.602.4, Common Decision Criteria, when making a recommendation or a final decision. 
5. Continuing Review Process. Applications requiring a public meeting or hearing shall subsequently undergo the processes established in Sec. 14.602.5, Public Notice, and Sec. 14.602.6, Public Meetings and Hearings.

Effective on: 5/20/2019

Effective on: 5/20/2019

1. 1. Contents. All notices shall contain, at minimum, the following information:
      1. The name of the owner, applicant, engineer, architect, or other parties involved;
      2. Lot, block, and address of the subject property, or, if none apply, the general location based on the nearest street intersection;
2. 1. 3. For Variances, a reference to the UDC provision that is the subject of the Variance;
      4. The address, date, and time of the public hearing; and 
      5. The necessary information for obtaining assistance for physically impaired persons who wish to attend the hearing.
3. 2. Published Notice. The Director of Planning shall arrange for notice of a required public hearing to be published in one issue of an official newspaper of general circulation in the City or County, as applicable and as required by state law.
   3. Mailed Notice.
      1. The Director shall send by United States Postal Service certified mail, return receipt requested, written notice to all owners of property located within 200 feet of the subject property. The list of recipients of the notice shall be based on addresses listed on the City or County tax roll, as applicable.   
      2. The applicant shall bear the cost of mailing the notice. 

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

Effective on: 5/20/2019

1. 2. Attendance by Applicant at Public Hearing. An applicant or representative is not required to attend the public hearing at which the subject application is to be considered; however, failure on the part of the applicant or representative to appear at a properly noticed public hearing may constitute grounds for a continuance on a certain new date or closing of the public hearing with public re-notification required. 

4. Decisions.
   1. All Decisions. Except when voice votes are authorized, a vote shall be conducted in such manner that the public may know the vote of each person entitled to vote.
   2. Planning and Zoning Commission and City Council Decisions. Except where this UDC or state statutes provide otherwise, official action requires the concurring vote of a majority of a quorum present.
   3. Board of Adjustment (BOA) Decisions. In accordance with Texas Local Government Code Section 211.009, Authority of Board, official actions of the BOA require the concurring vote of 75 percent of the number of regular members of the BOA.
5. Continuing Review Process. Applications receiving approval at a public meeting or hearing may subsequently undergo the processes established in Sec. 14.602.7, Post-Approval Provisions. 
6. Successive Applications. The Director shall not accept any application that is substantially similar to an application that was denied at a public meeting or hearing six months prior.

Effective on: 5/20/2019

2. Modification of an Approved Application. Except as provided in Subsection C., below, Correction of Errors in Approved but Unrecorded Plats, modifications to approved applications shall be done in accordance with​​​​​​​ Sec. 14.603.14, Minor Modification of an Approved Application, or, if the change does not meet the criteria for a minor modification, the application shall be resubmitted as a new application.   

3. Correction of Errors in Approved but Unrecorded Plats.
   1. Director Review and Approval. An approved but unrecorded Final Plat, Minor Plat, or Replat that is found to contain an insignificant error, including, but not limited to, scriveners errors or typographical errors, may be corrected by the applicant, upon approval by the Director. .
   2. DRC Review and Director Approval. The Director may approve other minor corrections, including, but not limited to, the addition, deletion or relocation of easements, after review by the Development Review Committee.
   3. Amending Plat. Any correction of a recorded plat shall be in accordance with Sec. 14.603.4, Minor or Amending Plat. 
4. Revocation of Approval. An administrative body may revoke any permit or approval it issued where there has been a violation of the provisions of this UDC or a misrepresentation of fact on the application or in the public meeting or hearing.
5. Approvals Run With Land. Unless an elected or appointed administrative body conditions an approval to the contrary, 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.
6. Recordation of Plat. The applicant shall record any approved plat with the Liberty County Clerk  within the time limits of Table 14.602.10, Development Review Summary Table, or the plat shall expire.

Effective on: 5/20/2019

Effective on: 5/20/2019

3. Extension of Time.
   1. Request. Prior to the expiration of an approved application or unapproved stale application, the applicant may request in writing an extension of the expiration date of up to six months.
   2. Amendments. If the City Council amends this UDC or adopts other applicable regulations during the period of time when the application was stale, the application shall:
      1. Not be subject to compliance to the new regulations until the original application is considered to be voided; and
      2. Become subject to the new regulations and ordinances if the period of time to request an extension lapses.

1. 3. Expiration of Extension. Approved applications or unapproved stale applications shall expire after the six-month extension lapses if the Director determines that the applicant is not actively pursuing action to complete the development or address comments.

Effective on: 5/20/2019

Effective on: 5/20/2019

Effective on: 5/20/2019

Effective on: 5/20/2019

Effective on: 5/20/2019

3. Specific Decision Criteria. 
   1. Review and Decision. In determining whether to approve, approve with conditions, or deny a Minor or Amending Plat, the review bodies shall consider the applicable common decision criteria in Sec. 14.602.4 and the following: 
      1. Number of Lots. The Minor Plat is proposed for the creation of four or fewer lots. 
      2. Existing Street. Each lot in the Minor Plat has frontage on an existing public street without the need for the creation or extension of a new public street. 
      3. Existing Utilities. Existing public utilities of adequate capacity serve the entirety of the subject property in the Minor Plat without the need for extension. 
      4. TLGC Reference. The purpose of the Amending Plat is solely one or more of those listed in TLGC Section 212.016.
   2. Affirmative Findings. In order to approve a Minor Plat, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

Effective on: 5/20/2019

Effective on: 5/20/2019

2. Purpose. The purpose of a Building Permit is to ensure that applicable structures are built in conformance with this UDC, the approved Site Development Plan, and the City's Building Code.  
3. Specific Decision Criteria. 
   1. Review and Decision. In determining whether to approve, approve with conditions, or deny a Building Permit, the review body shall consider the applicable common decision criteria in Sec. 14.602.4 and the following: 
      1. Building Code. The proposal complies with the City's Building Code.
   2. Affirmative Findings. In order to approve a Building Permit, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.
4. Platting. The Building Official shall not issue a Building Permit, as required by the City's Building Code, for any principal structure unless: 
   1. Recorded Plat. The subject property is part of a plat recorded with the Liberty County Clerk; or
   2. Improvements. Required or proposed improvements associated with a Final Plat under review have been either installed or guaranteed in accordance with Sec. 14.303.3, Installation and Guarantees. 

Effective on: 5/20/2019

2. Specific Decision Criteria. 
   1. Review and Decision. In determining whether to approve, approve with conditions, or deny a Floodplain Development Permit, the review body shall consider the applicable common decision criteria in Sec. 14.602.4 and the following: 

1. 1. 1. Danger to Life and Property. The danger to life and property due to flooding or erosion damage is minimal. 
      2. Susceptibility to Flood Damage. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner is minimal. 
      3. Sweeping of Materials. The danger that materials may be swept onto other lands to the injury of othersis minimal. 
      4. Compatibility. The proposed use is compatible with existing and anticipated development.
      5. Emergency Access. The property is safely accessible in times of flood for ordinary and emergency vehicles.
      6. Costs of Governmental Services. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems are reasonable. 
      7. Expected Floodwaters. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the siteare manageable. 
      8. Waterfront Necessity. A waterfront location is necessary for the facility, where applicable.
      9. Alternative Locations. Alternative locations, not subject to flooding or erosion damage, are not available for the proposed use.

1. 2. Affirmative Findings. In order to approve a Floodplain Development Permit, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

Effective on: 5/20/2019

2. Purpose. The purpose of a Driveway Permit is to ensure that driveways are designed and installed in conformance with this UDC, the approved Site Development Plan, if applicable, and the City's Engineering Design Standards and Specifications. 
3. Specific Decision Criteria. 
   1. In determining whether to approve, approve with conditions, or deny a Driveway Permit, the review body shall consider the applicable common decision criteria in Sec. 14.602.4 and the following: 
      1. Standards and Specifications. The proposal complies with the City's Engineering Design Standards and Specifications.
   2. Affirmative Findings. In order to approve a Driveway Permit, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

Effective on: 5/20/2019

1. 1. Review and Decision. In determining whether to approve, approve with conditions, or deny an On-Site Water or Wastewater Permit, the review body shall consider the applicable common decision criteria in Sec. 14.602.4 and the following:

1. 1. 1. Economic Feasibility. The subject property is located in an area that is impractical or economically infeasible to connect to the City’s centralized water distribution and/or wastewater collection system.
2. 1. 2. Master Plans. The proposal complies with the City’s water distribution and/or wastewater collection system master plans;
3. 1. 3. Environmental Factors. The suitability of the soil conditions, topography, and other environmental factors affecting the development for the installation of the individual on-site wastewater disposal systems;
      4. Lot Characteristics. The total number of lots, size of lots, and overall density of the development is suitable for on-site water or wastewater;
      5. Impact on Surroundings. 
4. 1. 1. 1. The impact on surrounding properties and environmentally sensitive areas adjacent to the development is minimal and buffer areas are available;and
         2. The impact on surrounding properties' ability to develop with suitable access to water and/or wastewater facilities is minimal; and
5. 1. 6. City Code. The development fails to meet Article 11.200, Mandatory Water and Sewer Connections, of the City Code.

1. 2. Affirmative Findings. In order to approve an On-Site Water or Wastewater Permit, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

Effective on: 5/20/2019

4. Emergencies. In an emergency situation, a property owner may initiate work without first applying for a Sign Permit. However, the owner shall apply for a Sign Permit within 24 hours after the first working day.

5. Electrical Code. All illuminated signs shall be subject to the provisions of the City’s electrical code

Effective on: 5/20/2019

1. 1. 1. 1. ​​​​​​Commercial outdoor sales events; 

         2. Seasonal sales; 

         3. Sidewalk sales; or

         4. Truckload sales; and

1. 1. 2. Construction and storage, such as 

         1. Asphalt or concrete batching;

         2. Placement of portable storage units; or

         3. Placement of shipping containers.

1. 2. Unlisted Uses. The Director may interpret other uses as requiring a Temporary Use Permit based on the provisions in Sec. 14.103.1, Unlisted of Functionally Similar Uses. 

4. Duration of Permit and Frequency. 
   1. Public Special Events. A Temporary Use Permit for a public special event shall have a duration of four consecutive days, not including set-up and tear-down, unless modified by the Director, and shall be approved a maximum of two times a year for the same property. 
   2. Sales Event. A Temporary Use Permit for a sales event shall have a maximum duration of seven consecutive days and shall be approved a maximum of four times a year for the same nonresidential use. 
   3. Construction and Storage. 
      1. Except for asphalt and concrete batching, a Temporary Use Permit for construction and storage shall have a maximum duration of 60 consecutive days and shall be approved a maximum of one time a year for the same property. 
      2. The duration of a Temporary Use Permit for asphalt or concrete batching shall coincide with the use of the facility for a specified construction project.
5. Exemptions. The following activities shall not require a Temporary Use Permit:
   1. Stadiums, Amphitheaters, and Parks. Events in athletic stadiums, amphitheaters, and City parks;
   2. Farms Markets. City-sponsored farmers market or other special events held within the public rights-of-way or on City-owned property; or
   3. Other. Other public events where the expected attendance is less than 50 persons.

6. Specific Decision Criteria. 
   1. Review and Decision. In determining whether to approve, approve with conditions, or deny a Temporary Use Permit, the review bodies shall consider the applicable common decision criteria in Sec. 14.602.4 and the following:
      1. Health, Safety, and Welfare. The temporary use does not endanger or is not materially detrimental to the public health, safety or welfare or injurious to property or improvements in the immediate vicinity of the temporary use.
      2. Accessibility. The temporary use does not create any violations of the Americans with Disabilities Act, the Texas Accessibility Standards, or the accessibility standards adopted by the City.
      3. Traffic Control. If the Director of Planning deems it necessary, property access will be controlled by special traffic personnel paid for by the applicant based on the applicant's written communication from the Police Department.
      4. Restrooms. Adequate on-site restroom facilities are provided at a rate of one toilet and one urinal per 50 expected attendees.
      5. Trash and Recycling. Trash containers and recycling bins are placed in convenient area and the applicant has a plan for trash removal within 12 hours after closing on the final day of the event. 
      6. Appearance and Nuisances. The temporary use is compatible in intensity, appearance, and operation with surrounding land uses in the area, and it does not unduly impair the usefulness, enjoyment, or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of pollution.
   2. Affirmative Findings. In order to approve a Temporary Use Permit, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.
7. Additional Conditions. The Director, in coordination with other City staff as may be necessary, 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:
   1. Hours of Operation, Modification or restrictions on hours of operation.
   2. Clean Up. Posting of a performance bond to ensure clean up and removal of signs, equipment, trash, and other similar items; or
   3. Refusal. The Director may refuse to issue a permit if the use is too large to be safe for the site, neighborhood, street, or other infrastructure, or may place limits on attendance of an event to ensure it can be properly managed.

Effective on: 5/20/2019

Effective on: 5/20/2019

Effective on: 5/20/2019

Effective on: 5/20/2019

2. Purpose. The purpose of a UDC Text Amendment is to change the text of this UDC.  
3. Specific Decision Criteria. In determining whether to approve, approve with modifications, or deny a UDC Text Amendment, the review bodies shall consider the applicable common decision criteria in Sec. 14.602.4 and the following:
   1. 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, storm water management, wildlife protection, and vegetation; or will be neutral with respect to these issues.
   2. 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.

4. Referral back to Commission. Instead of making a final decision on the proposed amendment, the City Council may refer the proposal back to the Planning and Zoning Commission for further consideration for a period not to exceed 90 days from the date of referral.
5. No Retroactive Cure of Violations. The amendment of the text of this UDC may transform a legally nonconforming situation into a conforming one. However, no text amendment shall for the sole purpose of curing a violation of any part of this UDC.

Effective on: 5/20/2019

4. Additional Conditions. A request for a Zoning Map Amendment may be conditioned upon adherence to an applicant's Site Development Plan, which may limit the uses on or design of the site. The Site Development Plan may be processed concurrently with the rezoning request and may be approved, approved with conditions, or denied in accordance with Sec. 14.603.2, Site Development Plan.

5. Protest Against Rezoning. A Zoning Map Amendment shall not become effective except by a favorable vote of three-fourths of all members of the City Council if either of the following sign a valid protest against the Amendment: 

   1. Subject Property. Owners of 20 percent or more of the land included in such proposed Amendment; or

   2. Within 200 Feet. Owners of 20 percent of the land within 200 feet of the subject property, including any intervening public street.

Effective on: 5/20/2019

3. Specific Decision Criteria. 

1. 1. Review and Decision. In determining whether to approve, approve with conditions, or deny a CUP, the review bodies shall consider the applicable common decision criteria in Sec. 14.602.4 and the following: 

1. 1. 1. Concentration. The conditional use does not create an unwanted concentration of similar conditional uses that is likely to discourage permitted uses by making the vicinity less desirable for them.

1. 1. 2. Location. There is no practicable alternative location where the 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:
         1. Providing a needed community service;
         2. Providing a critical mass of related and mutually supportive land uses that promote quality economic development and opportunity;
         3. 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
         4. Making more efficient use of public infrastructure. 

1. 2. Affirmative Findings. In order to approve a CUP, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

4. Conditions of Approval. An administrative body may recommend, and the City Council may attach, conditions of approval to the CUP approval in order to mitigate its impacts such that it complies with the associated decision criteria or to assure and monitor continued compliance with this UDC. Conditions shall be roughly proportional to the impacts to which they are addressed. The subject matter of conditions may include, but shall not be limited to, the following:
   1. Additional landscaping or buffering;
   2. Building or façade improvements;
   3. Specification of hours of operation;
   4. Limitations on the activities related to the use;
   5. Noise abatement measures;
   6. Limitations on lighting, such as lighting curfews or restrictions on levels of illumination;
   7. Measures to control, mitigate, or direct traffic;
   8. Parking, loading, stacking, and site circulation adjustments;
   9. Restrictions on outdoor displays, sales, or storage;
   10. Standards and assurances regarding the maintenance of property;
   11. 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); and
   12. An expiration date for the permit, before which the applicant must renew the permit, either administratively or legislatively, at the discretion of the Council, in order for the conditional use to continue to operate.

Effective on: 5/20/2019

Effective on: 5/20/2019

4. Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a Certificate of Appropriateness, the review bodies shall consider the applicable common decision criteria in Sec. 14.602.4 and the following:

1. 1. Historic Use or Minimal Change. The property is used as it was historically or will be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
   2. Historic Character of Property. The historic character of a property is retained and preserved. The applicant has avoided proposing removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize the property.
   3. Distinctive Features. The applicant has proposed to preserve distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the property.
   4. Repair and Replacement. The applicant has proposed to repair rather than replace deteriorated historic features. Where the severity of deterioration requires replacement of a distinctive feature, the new feature matches the old in design, color, texture, and, where possible, materials. The applicant has substantially documented the replacement of missing features.
   5. Gentlest Means. The applicant has undertaken chemical or physical treatments, if appropriate, using the gentlest means possible, without using treatments that cause damage to historic materials.
       

Effective on: 5/20/2019

1. 1. Use and Sign Type Variances. Variances are prohibited that would allow a use or a sign type in a zoning district in which the use is prohibited.
   2. Variances to Other Laws or Regulations. Variances to State or federal laws are prohibited unless such authority is expressly granted to the City.
   3. Conditions of Approval. An applicant may seek modifications to conditions of approval with a new application submittal.
   4. Nonconformities. Variances that would have the effect of make existing nonconforming structures, site improvements, parking, or landscaping conforming are not allowed. Nonconforming situations are subject to the requirements of Article 14.700, Nonconformities.
   5. Parking Credits and Reductions. Adjustments to the amount of parking spaces required may be authorized in accordance with Sec. 14.203.2, Parking Credits and Reductions.
   6. Floodplain Variances. Variances to the requirements of Section 14.401, Flood Damage Prevention, and Section 14.402, Flood Hazard Reduction, may be authorized in accordance with Sec. 14.605.2, Variance, Floodplain.
   7. Subdivision Standards. Relief from the requirements of Section 14.302, Subdivision Design Standards, may be authorized in accordance with Sec. 14.606.6, Waiver. 

4. Specific Decision Criteria.

1. 1. Review and Decision. In determining whether to approve, approve with conditions, or deny a Variance, the applicable review bodies shall consider the applicable common decision criteria in Sec. 14.602.4 and the following: 

1. 1. 1.  The granting of the Variance is not based on a hardship which is self-imposed.
      2. The hardship is not based solely on the cost of complying with the regulation, but is based on the particular physical surroundings, shape, or topographical conditions of the subject property.
      3. The hardship is based on circumstances which are unique to the property for which the Variance is sought and not circumstances common to other properties.
      4. The Variance requested is the minimum necessary that will make possible a permitted use of the land, building, or structure.
      5. A literal interpretation of the provisions of this UDC would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.
      6. Granting the variance will not confer on the applicant any special privilege that is denied to other lands or structures in the same district. 
2. 2. Affirmative Findings. In order to approve a Variance, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

5. Conditions of Approval. An Director may recommend, and the BOA may attach, conditions of approval to the Variance approval in order to mitigate its impacts such that it complies with the associated decision criteria. Conditions shall be roughly proportional to the impacts to which they are addressed. The subject matter of conditions may include, but shall not be limited to, the following:
   1. Drainage standards calculated to minimize the effect of the increased slope;
   2. Additional landscaping or buffering;
   3. Building or façade improvements;
   4. Limitations on the activities related to the use;
   5. Noise abatement measures;
   6. Limitations on lighting, such as lighting curfews or restrictions on levels of illumination;
   7. Measures to control, mitigate, or direct traffic;
   8. Parking, loading, stacking, and site circulation adjustments;
   9. Restrictions on outdoor displays, sales, or storage;
   10. Standards and assurances regarding the maintenance of property; and
   11. 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).

Effective on: 5/20/2019

8. Notification. Any application to which a Variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost   of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

Effective on: 5/20/2019

1. 1. Record and Evidence. The administrative decision was appropriate considering the written record of the case and the evidence presented. 
   2. UDC Requirements. The decision reflects the requirements contained in this UDC.

8. Effect of Decision. In exercising its authority under this Section, the BOA  shall have the final decision making powers of the administrative official from whom the appeal is taken. 

Effective on: 5/20/2019

3. Exceptions. No Development Plat shall be required where the land to be developed has received Final Plat or Replat approval  prior to April 29, 2013.
4. Specific Decision Criteria. 
   1. Review and Decision. In determining whether to approve or deny a Development Plat, the review bodies shall consider the applicable common decision criteria in Sec. 14.602.4 and the following:
      1. Safety Hazard. The proposed development will not create a safety hazard on a public roadway (such as by not providing adequate on-site parking or vehicle maneuvering space for a restricted access/gated entrance).
      2. Public Improvements. Appropriate agreements for acceptance and use of public improvements to serve the development have been tendered.
      3. Standards and Specifications. The proposed development conforms to the design and improvement standards contained in the City's Engineering Design Standards and Specifications.
   2. Required Approval. If the Commission finds that a Development Plat complies with all applicable decision criteria, then it is required to approve the Plat.

Effective on: 5/20/2019

3. Specific Decision Criteria. 
   1. Review and Decision. In determining whether to approve or deny a Preliminary Plat, the review bodies shall consider the applicable common decision criteria in Sec. 14.602.4 and the following:

1. 1. 1. Standards and Specifications. The proposed development conforms to the design and improvement standards contained in the City's Engineering Design Standards and Specifications.  
      2. Other Review Bodies. If applicable, approval from the Dayton Independent School District, Liberty County Commissioner’s Court, and any legislative-created districts.
2. 2. Required Approval. If the Commission finds that a Preliminary Plat complies with all applicable decision criteria, then it is required to approve the Plat.

4. Transportation Impact Analysis (TIA). A TIA shall be required for any Preliminary Plat that, at build-out and according to the Institute of Traffic Engineers Traffic Engineering Handbook, can be expected to generate more than 500 vehicle trip ends during a single day and/or more than 100 vehicle trip ends during a single hour.

5. Commission Final Decision.
   1. 30-Day Deadline. The Commission shall make a final decision on the Preliminary Plat at a regularly scheduled meeting held within 30 days of the date the Plat is submitted. This deadline may be extended an additional 30 days if the applicant requests or consents in writing to the extension to act upon the Plat.
   2. No Action. If no action is taken by the Commission at the end of the 30-day period,  without the request or consent of an extension, the Plat shall be deemed to have been approved.

6. Appeal. If the final decision on the Preliminary Plat is appealed, a vote of three-fourths of the City Council members shall be rendered to overturn the Commission’s decision.
7. No Public Dedication. Approval of the Preliminary Plat shall not constitute the acceptance of any public improvements.

Effective on: 5/20/2019

4. Specific Decision Criteria. 
   1. Review and Decision. In determining whether to approve or deny a Final Plat, the applicable review bodies shall consider the applicable common decision criteria in Sec. 14.602.4 and the following:

1. 1. 1. The Plat displays a certificate of completion signed, sealed, and dated by the developer’s engineer of record and approval of all public improvements by the City Engineer.;
2. 2. Required Approval. If the Commission finds that a Final Plat complies with all applicable decision criteria, then it is required to approve the Plat.

5. Commission Final Decision. 

1. 1. 30-Day Deadline. The Commission shall make a final decision on the Final Plat at a regularly scheduled meeting held within 30 days of the date the Plat is submitted. The deadline may be extended an additional 30 days if the applicant requests or consents in writing to the extension to act upon the Plat. 
   2. No Action. If no action is taken by the Commission at the end of the 30-day period, without the request or consent of an extension, the Plat shall be deemed to have been approved.

6. Appeal. If the final decision on the Final Plat is appealed, a vote of three-fourths of the City Council members shall be rendered to overturn the Commission’s decision.
7. Illegal Subdivision. Where an applicant seeks approval of a Final Plat for land that was subdivided in violation of this UDC, state law, or any prior ordinance, and the development cannot comply with this UDC because of the unlawful subdivision, the Commission may deny the Plat.
8. Preliminary Plat Renewal.
   1. Phasing. For a development to be constructed in phases, the Final Plat may include only a portion of the land included in the Preliminary Plat.
   2. Five-Year Period. Where only a portion of an approved Preliminary Plat is submitted for Final Plat approval, a Final Plat of the remaining area may be submitted at any time within five years of the date of Preliminary Plat approval.
   3. Renewal and Expiration. If a Final Plat of the remaining area has not been submitted within the five-year time period, the portion of the Preliminary Plat for which no Final Plat has been submitted shall be deemed null and void. However, if at least one phase of the Preliminary Plat has received Final Plat approval, its public improvements have been completed, and it has been recorded with the Liberty County Clerk, an extension to the five-year time limit shall be automatically granted.
9. No Acceptance of Public Improvements. Approval of the Final Plat shall not constitute the acceptance of any public improvements unless the City Council specifically agrees to such acceptance.
10. Recording of Final Plat. 
    1. Submittal. The applicant shall provide the following to the Director after approval of the Final Plat:

1. 1. 1. One mylar of the Final Plat reproducible true to scale twenty-four inch by thirty-six inch;
      2. Tax certificate(s) from the County Clerk and school district stating that no taxes are delinquent against the property;
      3. The appropriate filing fees as described in the City fee schedule;
2. 1. 4. A digital copy of “as-built” plans or bonds in lieu of construction as specified below:
         1. The applicant shall submit a certified set of “as-built” plans for the subdivision as approved by the City Engineer. The “as-built” plans shall illustrate that the layout and line and grade of all public improvements are in accordance with the construction plans, as approved for the subdivision and that said improvements are ready for dedication to the City, and are free and clear from any and all liens and encumbrances. Such “as-built” plans shall be accompanied by an estimate and quantity sheet indicating quantities for streets, drainage, and utility construction along with all structural appurtenances to be dedicated to the public as part of the proposed subdivision.
         2. All applicable bonds or other City​​-approved financial instruments for guarantee of improvements and maintenance period after approval.
3. 2. Recording . Within 10 days of receipt and approval of the above documents, the Director shall record the approved Final Plat with the Liberty County Clerk. After the plat has been recorded, the Director shall issue to the subdivider the necessary copies of the approved and signed Final Plat along with the Liberty County filing number.

Effective on: 5/20/2019

1. 1. Is signed and acknowledged by only the owners of the property being replatted;
   2. Is approved, after a public hearing on the matter, if required in Table 14.602.10-1, Development Review Summary Table, by the Commission; and
   3. Does not attempt to amend or remove any covenants or restrictions.

4. Utilities. The relocation and/or abandonment of any utilities shall be the responsibility of the subdivider and shall be provided for concurrently with the Replat. The cost of any such relocation and/or abandonment shall be borne by the subdivider.

Effective on: 5/20/2019

2. Purpose. The purpose of a Vacating Plat is to eliminate the subdivision of property reflected by a prior recorded plat, whereby the subdivided land would return to a single unit of property.
3. Vacation of Plat. In accordance with Texas Local Government Code Section 212..013, a recorded plat may be vacated pursuant to the following.

   1. Common Ownership. The owners of the tract covered by a plat may vacate the plat at any time before any lot in the subdivision is sold.

   2. Separate Ownership. If lots in the subdivision have been sold, the subdivision, or any part of the subdivision, may be vacated on the application of all the owners of lots in the subdivision with approval obtained in the manner prescribed for the original plat for the subdivision.

   3. When Vacated. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat.

   4. Execution and Recording. On the execution and recording of the vacating instrument, the vacated plat has no effect.

   5. Utilities. The relocation and/or abandonment of any utilities shall be the responsibility of the subdivider and shall be provided for concurrently with the vacation procedure. The cost of any such relocation and/or abandonment shall be borne by the subdivider.

4. Government Initiated Plat Vacation.
   1. Generally. The Council may vacate a plat of an approved subdivision when:
      1. No lots within the approved plat have been sold within five years from the date that the plat was approved;
      2. The City is unable to obtain funds from the subdivider's bonding company with which to complete construction of unfinished and abandoned public improvements, except that the vacation shall apply only to lots owned by the subdivider or its successor; or
      3. The plat has been of record for more than five years and the Council determines that the further resale of lots within the subdivision presents a threat to public health, safety, and general welfare, except that the vacation shall apply only to lots owned by the subdivider or its successors.

1. 2. Notice. Prior to initiating a plat vacation, the Council shall follow the notice requirements set forth in Texas Local Government Code Section 212.015.

5. Utilities. The relocation and/or abandonment of any utilities shall be the responsibility of the subdivider and shall be provided for concurrently with the Vacating Plat. The cost of any such relocation and/or abandonment shall be borne by the subdivider.

Effective on: 5/20/2019

3. Specific Decision Criteria.
   1. Review and Decision. In determining whether to approve, approve with conditions, or deny a Waiver, the applicable review bodies shall consider the applicable common decision criteria in Sec. 14.602.4 and the following:

1. 1. 1. Strict application of the standard requested to be waived renders platting of the subject property unfeasible.
      2. The Waiver requested is the minimum necessary that will make possible platting of the subject property. 
      3. The reason for the Waiver is based on a minimum of one of the following:
         1. The particular physical surroundings, shape, or topographical conditions of the subject property; or
         2. Achieving alternative compliance with the standard requested to be waived in a manner not contemplated in this UDC. 
      4. The subdivider has incorporated elements articulated in Sec. 14.302.1, Design Principles, to  compensate for non‐compliance with the standards requested to be waived. 

1. 2. Affirmative Findings. In order to approve a Waiver, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

Effective on: 5/20/2019