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Early City Zoning Code

ARTICLE 7

ADMINISTRATION

Sec. 7-1-1, Purpose

The purpose of this Article is to set out the development review bodies that are responsible for the administration of this Unified Development Code (UDC) which include the Administrator, City Council, Development Review Committee (DRC), and Planning and Zoning Commission (P&Z).

Effective on: 6/22/2021

Sec. 7-1-2, Applicability

  • Delegation of Authority by City Council. The provisions of this Article that relate to bodies other than City Council are representative of the authority that the City Council has delegated to these bodies with respect to the application and enforcement of this UDC.
  • No Implied Limitation. The provisions of this Article shall not be a limitation of the City Council's ability to delegate other responsibilities as set out elsewhere in the City's Code of Ordinances or any policy document.

    • Effective on: 6/22/2021

    Sec. 7-2-1, City Administrator

  • Recommendations. The City Administrator shall make a report and recommendations with regard to all applications requiring approval from the City Council or the Planning and Zoning Commission.
  • Decisions. The City Administrator shall:
    1. Establish deadlines for how far in advance an initial application must be submitted to be reviewed by either the City Council and/or the Planning and Zoning Commission;
    2. Provide application materials for applicants;
    3. Schedule all Development Review Committee (DRC) meetings;
    4. Decide all approvals as defined in Sec. 8-2-1, Table of Administrative and Public Meeting Approvals; and
    5. Submit in writing to an applicant and specific conditions required as a part of conditional approval for any and all applications.
  • Right of Inspection. The City Administrator or designee is empowered to enter any building, structure, or premises in the City upon which a development site or land use is located, as follows:
    1. Entry shall be for the purpose of inspection to ensure compliance;
    2. Inspections shall be performed during business hours, unless an emergency exists; and
    3. Inspections shall be made only after:
      1. Contact and permission is granted by the owner or tenant; or
      2. An order from a court of competent jurisdiction.
  • Floodplain Administration. The City Administrator also serves as the Floodplain Administrator to interpret and implement the provisions of this UDC and other appropriate sections of Code of Federal Regulations (CFR) Title 44, Emergency Management and Assistance (National Flood Insurance Program Regulations) pertaining to floodplain management. The duties and responsibilities of the City Administrator relating to floodplain management shall include, but not be limited to, the following:
    1. Interpreting BFE. When Base Flood Elevation (BFE) data has not been provided in accordance with Sec. 5-2-1.B, Basis for Establishing the Areas of Special Flood Hazard, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other sources, in order to administer the provisions of ARTICLE 5, Environmental Management.
    2. Flood-Carrying Capacity of Altered or Relocated Watercourses. Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
    3. Notification of Alteration or Relocation of Watercourses. Notify, in riverine situations, adjacent communities, the Texas Water Development Board (TWDB), and the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
    4. Boundary 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) the Floodplain Administrator shall make the necessary interpretation.
    5. Permit Review.
      1. 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.
      2. Review, approve or deny all applications for development permits required by adoption of this Chapter.
      3. Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding.
    6. Record Retention. Maintain and hold open for public inspection all records pertaining to the provisions of this UDC.

    • Effective on: 6/22/2021

    Sec. 7-2-2, City Council

  • Generally. The City Council has all powers conferred upon it by the City’s Code of Ordinances and this UDC.
    1. Approvals. After reports and recommendations are provided by the Administrator, Planning and Zoning Commission, or another board or commission of the City, the City Council shall hear and decide the following applications for approval consistent with the requirements of this UDC and the City's Code of Ordinances:
      1. Specific use permits in accordance with Sec. 8-4-2, Specific Use Permit;
      2. Text amendments to the UDC in accordance with Sec. 8-4-3, Text Amendment;
      3. Wireless communication facility (WCF) permits in accordance with Sec. 8-4-4, Wireless Communications Facilities Permit;
      4. Zoning map amendments (rezoning) that amend the Official Zoning Map in accordance with Sec. 8-4-5, Zoning Map Amendments;
      5. Approval of the applications found within DIVISION 8-6, Subdivision Review Procedures; 
      6. Any other action not delegated to any other board or commission by the City Council that is necessary to implement the provisions of this UDC and the goals and objectives of the City, provided such action is not contrary to the requirements of this UDC, state law, or federal law. 
    2. Board of Adjustment Powers. Pursuant to Texas Local Government Code (TLGC) 211.008, Board of Adjustment, the City has elected to grant the City Council the authority to serve as it's Zoning Board of Adjustment.  As such the City Council shall hear and decide: 
      1. All applications for a variance as it relates to Sec. 8-5-2, Variances; and
      2. Appeals from decisions of the Administrator and Planning and Zoning Commission (P&Z) as specified by Sec. 8-5-3, Appeals.

      3. Effective on: 6/22/2021

      Sec. 7-2-3, Development Review Committee

    3. Generally. A regulatory body to be known as the Development Review Committee (DRC) is hereby established for the purpose of:
      1. Administering the requirements of this Chapter of the Code of Ordinances;
      2. Ensure that all information necessary to determine compliance with this Chapter of the Code of Ordinances has been provided;
      3. Formulating staff recommendations;
      4. Rectifying review comments between City departments and referral agencies; and
      5. Providing cohesive and timely review of subdivision applications.
    4. Membership.
      1. The DRC shall be comprised of the City staff designated by the Administrator and representatives from each referral agency that reviews development projects in conjunction with the City.
      2. Based on the nature of a development, DRC meetings can be limited to those City staff and other agencies affected by the development, or can be expanded to include additional agencies or City staff with review responsibilities.
    5. Powers. The DRC shall have the role to review and provide technical recommendations concerning any application specified in this Chapter. It does not have the power to grant any permits.
    6. Meetings. DRC meetings shall be convened by the Administrator, as necessary.

      7. Effective on: 6/22/2021

      Sec. 7-2-4, Planning and Zoning Commission

    7. Generally. This section establishes the Planning and Zoning Commission (P&Z) as authorized by Texas statutes. Consequently, amendments to Texas statutes after the effective date of this Chapter may modify, delete, or supplement the provisions of this Section.
    8. Function. The P&Z shall undertake a continuing planning program for the physical, social, and economic growth, development, and redevelopment of the City and extraterritorial jurisdiction (ETJ), as established in Sec. 1-1-4, Jurisdiction. 
    9. Membership.
      1. Members. The P&Z shall consist of five members who shall:
        1. All except one member must live within City limits; and
        2. Be representative, insofar as possible, of different businesses and occupations; 
      2. Term of Office. The terms of office for each member shall be two years. Terms shall be staggered, with two terms expiring in even numbered years and three terms expiring in odd numbered years.
      3. Appointment by City Council. All members shall be appointed by the City Council. When vacancies occur whether by resignation or because of a member moving outside of the City limits, the vacancy shall be filled by the City Council for the remainder of the original term.
      4. Election of Officers.  The P&Z shall elect a chairman, vice-chairman, and secretary from its membership for  a one year term. The chairman may create committees if necessary.
      5. Compensation. Members of the P&Z shall serve without compensation. However, the City Council may authorize the payment of expenses for costs which may be incurred by members incident to the performing of their duties as a member of the P&Z.
      6. Removal. Members of the P&Z may be removed by the Mayor with the approval of the City Council after public hearing and for cause. Any member with unexcused absences from three consecutive meetings shall be deemed to have automatically resigned from office. 
    10. Meetings.
      1. Meet as Necessary. The P&Z shall hold meetings only when necessary to conduct business. Should a quorum not occur on the date and time scheduled for a meeting where vote is necessary, the meeting shall be rescheduled at the earliest convenient date and time. 
      2. Quorum. A quorum shall consist of a simple majority of the members.
      3. Notice. 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 statutes.
      4. Minutes. The Commission shall keep minutes of its proceedings, showing the vote of each member upon each issue or, if absent or failing to vote, indicating such fact. Records of each official action shall become public record. 
    11. Powers and Duties. After reports and recommendations are provided by the City Administrator or designee, the P&Z shall hear and recommend the following for either approval or disapproval by the City Council:
      1. Specific use permits in accordance with Sec. 8-4-2, Specific Use Permit;
      2. Text amendments to the UDC in accordance with Sec. 8-4-3, Text Amendment;
      3. Wireless communication facility (WCF) permits in accordance with Sec. 8-4-4, Wireless Communications Facilities Permit; 
      4. Zoning map amendments (rezoning) that amend the Official Zoning Map in accordance with Sec. 8-4-5, Zoning Map Amendments; and
      5. Approval of the applications found within DIVISION 8-6, Subdivision Review Procedures. 

      12. Effective on: 6/22/2021