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Early City Zoning Code

ARTICLE 8

DEVELOPMENT REVIEW PROCEDURES

Sec. 8-1-1, Purpose

The purpose of this Article is to set out all the City’s development approval procedures and to standardize these to the maximum extent possible.

Effective on: 6/22/2021

Sec. 8-1-2, Applicability

  • Generally. The Sections of this Article apply to all development activity that requires a final decision from City staff, Planning and Zoning Commission (P&Z) or City Council. 
  • Sequence of Development Approval. Where more than one development review application is required by this UDC to initiate, continue, or complete development on the same property, the following sequence shall be used:
    1. All legislative applications (See Division 8-4, Legislative Approvals) prior to final decisions on all other applications;
    2. Variance applications (See Sec. 8-5-2, Variances) prior to final decisions on subdivision or administrative applications; 
    3. Subdivision applications (See Division 8-6, Subdivision Review Procedures) prior to final decisions on administrative applications; and
    4. Administrative applications pursuant to Division 8-3, Administrative Approvals.
  • Effective on: 6/22/2021

    Sec. 8-2-1, Table of Standard Review Procedures

  • Generally. Table 8-2-1-1, Administrative and Public Meeting Approvals, summarizes the required review procedures involved in the development proposal process. Detailed information about each review procedure is further discussed in the applicable Section within this Division.
  • Interpretation of Table. There are four different types of applications that are designated within Article 8, Development Review Procedures: Administrative Approvals (See Division 8-3);  Legislative Approvals (See Division 8-4); Quasi-Judicial Approvals (See Division 8-5); and Subdivision Review Approvals (See Division 8-6).  Not all of the provisions found within Table 8-2-1-1, Administrative and Public Meeting Approvals, are applicable to each application type. This table identifies what sections are applicable to the different Divisions listed above (and designated by "Yes") and when they are not applicable (and designated by "No"). 
  • Table 8-2-1-1

    Administrative and Public Meeting Approvals

    Review ProceduresProcedure ReferenceAdministrativeLegislative Quasi-Judicial    Subdivision Review
    VarianceAppeals
    Pre-Application Conference8-2-2NoNoNoNoNo
    Application Submittal8-2-3YesYesYesYesYes
    Application Completeness8-2-4YesYesYesYesYes
    Staff Review and Referral8-2-5YesYesYesYesYes
    Inactive and Expired Applications 8-2-6YesYesYesYesYes
    Public Notice and Public Meetings8-2-7NoYesYesYesYes
    Continuances and Withdrawals 8-2-8NoYesYesYesYes
    Successive Applications8-2-9YesYesYesYesYes
    Fees8-2-10YesYesYesYesYes
    TABLE NOTES:
    "Yes" = Review Procedure Required;    "No" = Review Procedure Not Required

    Effective on: 6/22/2021

    Sec. 8-2-2, Pre-Application Conference

  • 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.
  • Concept Plan. The applicant may submit a concept plan established as a basis for discussion prior to or at the pre-application conference. The concept 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.
  • Disclaimer. Outcomes of the pre-application conference shall not imply, in whole or in part, any final decision on the application.
  • Effective on: 6/22/2021

    Sec. 8-2-3, Application Submittal

  • Forms and Fees. Every application for development approval required by this UDC shall be submitted on a form approved by the City, along with the corresponding application fee.
    1. Form Updates.  The responsible official shall promulgate and periodically revise forms for each type of application required by this UDC.
    2. Information Required.  Application forms shall include specific information that is required to process each type of application in accordance with the requirements of this UDC and any necessary contact information for the applicant.
  • Deadlines. The Administrator may establish periodic application submittal deadlines.
  • Determining a Complete Applications. Before an application is deemed complete and filed it shall be in compliance  with Sec. 8-2-4, Application Completeness Review.
  • Effective on: 6/22/2021

    Sec. 8-2-4, Application Completeness Review

  • Completeness Review.
    1. Administrator Responsibility. The Administrator shall review all development review submittals to determine if the application is complete.
    2. Meaning of Complete.  The Administrator shall deem a submittal complete 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.
  • Completeness Review Timeframe. The completeness review and notification required in subsection A above, shall be accomplished no later than five business days after the application is received by the Administrator.
  • Complete Application Do 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 review body; or
    3. During the review, additional clarification or information will not be needed.
  • Incomplete Applications.
    1. If the Administrator determines a submittal not to be complete, the Administrator shall:
      1. Notify the applicant in writing with a list of all missing or incomplete items; and
      2. Provide 10 business days for the applicant to resubmit the missing or incomplete items.
    2. If the missing or incomplete items are not submitted within the 10-day period, then the Administrator 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. 
    3. Incomplete or rejected applications are not considered "filed​​​​​​" or "submitted" for the purposes of Texas Local Government Code (TLGC) Chapter 212, TLGC Chapter 245, or for any other purpose.
  • Continuing Review Process. Complete applications shall subsequently undergo the processes established in Sec. 8-2-5, Staff Review and Referral.
  • Effective on: 6/22/2021

    Sec. 8-2-5, Staff Review and Referral

  •  Final Decision or Distribution. After determining an application to be complete pursuant to Sec. 8-2-4, Application Completeness, the Administrator shall:
    1. Review and Comment. Review the application and provide comments to the applicant, which may include  required revisions;
    2. Review and Decide. Review and make a final decision on the application; or
    3. Distribute. Distribute the application to the appropriate review body or outside agency, including, but not limited to, utilities and school districts, for recommendation or final decision.
  • Required Revisions.
    1. Comments. During the application review process, the Administrator may provide comments from the review 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 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.
  • Administrative Recommendation or Decision. Promptly after submittal of an application that addresses the comments provided pursuant to subsection B above (or, after finding that no revisions are required):
    1. Administrative Applications. If the application is for a review procedure addressed in Division 8-3, Administrative Approvals, then the City staff member denoted in Table 8-3-1-1, Administrative Approvals, shall approve, conditionally approve, or deny the application, as appropriate.
    2. Legislative, Quasi-Judicial, and Subdivision Applications. If the application is for a review procedure addressed in Division 8-4, Legislative Approvals, Division 8-5, Quasi-Judicial Approvals, or Division 8-6, Subdivision Review Approvals, the applicable City staff member shall forward a report concerning the application to the applicable review body who will consider it for further recommendation or final decision.   
  • Public Notice and Public Meetings. Applications requiring a public meeting or hearing shall subsequently undergo the processes established in Sec. 8-2-7, Public Notice and Public Meetings.
  • Effective on: 6/22/2021

    Sec. 8-2-6, Inactive and Expired Applications

  • Generally. Applicants shall diligently pursue the completion of development projects. This Section extinguishes applications that become inactive due to applicant inaction. 
  • Voiding of Inactive Applications.
    1. Process to Inactivity. An unapproved application becomes inactive after 45 days from receiving review comments if the applicant fails to completely address the City's comments and allow further processing of the application, unless the Administrator determines that the applicant is actively pursuing action to address such comments. If the Administrator makes this determination and the applicant still fails to completely address the comments, then the application will become inactive 90 days after the date of receipt of the comments.
    2. Null and Void. If the applicant fails to take action or to request an extension of time, inactive applications will automatically expire and become null and void without further notice 30 days after the date when they became inactive.
  • Extension of Time.
    1. Prior to the expiration of an inactive plat, the application may be extended for up to six months upon written request of the applicant for cause only; and
    2. If the City amends this Chapter or adopts other regulations during the period of time when the application was inactive, the application shall:
      1. Not be subject to compliance to the new regulations until the original application is considered to be voided; and
      2. The application shall be subject to the new regulations and ordinances if the period of time to request an extension lapses.
    3. An inactive application shall expire after a six-month extension lapses and if an extension was not requested.
  • Effective on: 6/22/2021

    Sec. 8-2-7, Public Notice and Public Meetings

  • Generally. 
    1. Required Notice. Table 8-2-7-1, Required Notice, sets out the specific notice requirement for each type of application where notice is required.
    2. Open to Public. All public hearings shall be open to the public except as otherwise provided in Texas Local Government Code (TLGC) Chapter 551, Open Meetings. However, not all decisions require public hearings.
  • Types of Notice.
    1. Publication Notice. When required, shall be provided by publication in accordance with the requirements of the TLGC, Chapter 211. 
    2. Mail. When required, mailed notice shall be provided to each owner, as indicated by the most recently approved municipal tax roll of real property.
  • Applicability. Public Notice of public hearings required by this UDC shall be provided as required by Table 8-2-7-1, Required Notice.
  • Table 8-2-7-1

    Required Notice

    Application TypeReview BodyUDC ReferenceApplicationType of Notice Required 
    Publication NoticeMailed Notice
    Administrative ApprovalsAdministrator8-3-2Concept Plan----
    8-3-3Building Permit----
    8-3-4Street Construction Permit----
    8-3-5Certificate of Occupancy----
    8-3-6Floodplain Development----
    8-3-7Sign Permit----
    8-3-8Site Plan----
    8-3-9Site Work----
    8-3-10Temporary Use Permit----
    Legislative ApprovalsPlanning and Zoning Commission8-4-2Specific Use Permit (TLGC 211.006)Not less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    8-4-3Text Amendment (TLGC 211.006)Not less than 15 days prior to public hearing--
    8-4-4Wireless Communication Facilities PermitNot less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    8-4-5Zoning Map Amendment (TLGC 211.006)Not less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    Administrator8-4-6Master Sign Plan----
    Quasi-Judicial Review ApprovalsCity Council8-5-2Variances  (TLGC 211.010)Not less than 15 days prior to public hearingNot less than 15 days prior to public hearing
    8-5-3Appeals  (TLGC 211.010)Not less than 15 days prior to the public hearingNot less than 15 days prior to public hearing2
    Subdivision Review ApprovalsAdministrator8-6-2Amending Plat / Minor Plat----
    Planning and Zoning Commission8-6-3Preliminary Plat ----
    8-6-4Final Plat----
    8-6-5ReplatNot less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    8-6-6Vacation of Plat of Record----

    Table Notes:

    -- = Not Required

    1To owners of property within 200 feet. 

    2TLGC 211.010(d) requires "due notice to the parties in interest". At a minimum, this shall include the original applicant and the persons who are the party to the appeal.

    Table 8-2-7-1

    Required Notice

    Application TypeReview BodyUDC ReferenceApplicationType of Notice Required 
    Publication NoticeMailed Notice
    Administrative ApprovalsAdministrator8-3-2Concept Plan----
    8-3-3Building Permit----
    8-3-4Street Construction Permit----
    8-3-5Certificate of Occupancy----
    8-3-6Floodplain Development----
    8-3-7Sign Permit----
    8-3-8Site Plan----
    8-3-9Site Work----
    8-3-10Temporary Use Permit----
    Legislative ApprovalsPlanning and Zoning Commission8-4-2Specific Use Permit (TLGC 211.006)Not less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    8-4-3Text Amendment (TLGC 211.006)Not less than 15 days prior to public hearing--
    8-4-4Wireless Communication Facilities PermitNot less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    8-4-5Zoning Map Amendment (TLGC 211.006)Not less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    Administrator8-4-6Master Sign Plan----
    Quasi-Judicial Review ApprovalsCity Council8-5-2Variances  (TLGC 211.010)Not less than 15 days prior to public hearingNot less than 15 days prior to public hearing
    8-5-3Appeals  (TLGC 211.010)Not less than 15 days prior to the public hearingNot less than 15 days prior to public hearing2
    Subdivision Review ApprovalsAdministrator8-6-2Amending Plat / Minor Plat----
    Planning and Zoning Commission8-6-3Preliminary Plat ----
    8-6-4Final Plat----
    8-6-5ReplatNot less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    8-6-6Vacation of Plat of Record----

    Table Notes:

    -- = Not Required

    1To owners of property within 200 feet. 

    2TLGC 211.010(d) requires "due notice to the parties in interest". At a minimum, this shall include the original applicant and the persons who are the party to the appeal.

    Table 8-2-7-1

    Required Notice

    Application TypeReview BodyUDC ReferenceApplicationType of Notice Required 
    Publication NoticeMailed Notice
    Administrative ApprovalsAdministrator8-3-2Concept Plan----
    8-3-3Building Permit----
    8-3-4Street Construction Permit----
    8-3-5Certificate of Occupancy----
    8-3-6Floodplain Development----
    8-3-7Sign Permit----
    8-3-8Site Plan----
    8-3-9Site Work----
    8-3-10Temporary Use Permit----
    Legislative ApprovalsPlanning and Zoning Commission8-4-2Specific Use Permit (TLGC 211.006)Not less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    8-4-3Text Amendment (TLGC 211.006)Not less than 15 days prior to public hearing--
    8-4-4Wireless Communication Facilities PermitNot less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    8-4-5Zoning Map Amendment (TLGC 211.006)Not less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    Administrator8-4-6Master Sign Plan----
    Quasi-Judicial Review ApprovalsCity Council8-5-2Variances  (TLGC 211.010)Not less than 15 days prior to public hearingNot less than 15 days prior to public hearing
    8-5-3Appeals  (TLGC 211.010)Not less than 15 days prior to the public hearingNot less than 15 days prior to public hearing2
    Subdivision Review ApprovalsAdministrator8-6-2Amending Plat / Minor Plat----
    Planning and Zoning Commission8-6-3Preliminary Plat ----
    8-6-4Final Plat----
    8-6-5ReplatNot less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    8-6-6Vacation of Plat of Record----

    Table Notes:

    -- = Not Required

    1To owners of property within 200 feet. 

    2TLGC 211.010(d) requires "due notice to the parties in interest". At a minimum, this shall include the original applicant and the persons who are the party to the appeal.

    Table 8-2-7-1

    Required Notice

    Application TypeReview BodyUDC ReferenceApplicationType of Notice Required 
    Publication NoticeMailed Notice
    Administrative ApprovalsAdministrator8-3-2Concept Plan----
    8-3-3Building Permit----
    8-3-4Street Construction Permit----
    8-3-5Certificate of Occupancy----
    8-3-6Floodplain Development----
    8-3-7Sign Permit----
    8-3-8Site Plan----
    8-3-9Site Work----
    8-3-10Temporary Use Permit----
    Legislative ApprovalsPlanning and Zoning Commission8-4-2Specific Use Permit (TLGC 211.006)Not less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    8-4-3Text Amendment (TLGC 211.006)Not less than 15 days prior to public hearing--
    8-4-4Wireless Communication Facilities PermitNot less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    8-4-5Zoning Map Amendment (TLGC 211.006)Not less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    Administrator8-4-6Master Sign Plan----
    Quasi-Judicial Review ApprovalsCity Council8-5-2Variances  (TLGC 211.010)Not less than 15 days prior to public hearingNot less than 15 days prior to public hearing
    8-5-3Appeals  (TLGC 211.010)Not less than 15 days prior to the public hearingNot less than 15 days prior to public hearing2
    Subdivision Review ApprovalsAdministrator8-6-2Amending Plat / Minor Plat----
    Planning and Zoning Commission8-6-3Preliminary Plat ----
    8-6-4Final Plat----
    8-6-5ReplatNot less than 15 days prior to public hearingNot less than 15 days prior to public hearing1
    8-6-6Vacation of Plat of Record----

    Table Notes:

    -- = Not Required

    1To owners of property within 200 feet. 

    2TLGC 211.010(d) requires "due notice to the parties in interest". At a minimum, this shall include the original applicant and the persons who are the party to the appeal.

    1. Procedural Requirements for Notice. Public notice of hearings shall be given as follow: 
      1. Publication Notice. Notice shall be published in an official newspaper of general circulation in the City as provided by state law.
      2. Mailed Written Notice.  The notice shall be in written form and sent to all owners of real property and shall be:
        1. Located within 200 feet of the subject property or within 200 feet of any other abutting property under the same ownership as the subject property;  
        2. Measured from the perimeter of the property;
        3. Taken inclusive of public streets; and
        4. Served by using the last known address as listed on the City tax roll and depositing the notice, postage paid, with the United States Postal Service (USPS).
    2. Posted Notice.  Notice of required public hearings shall also be provided by way of a sign located on the physical property that is the subject of the application as follows:
      1. One sign shall be placed for each 200 feet of frontage along a public street, with a maximum of two signs required per frontage;
      2. Signs shall be posted no more than 15 feet from the public right-of-way;
      3. Signs shall be eight feet long by four feet tall;
      4. Lettering on the signs must use a font that is readily legible and as large as possible given the amount of text necessary to fit on the sign; and
      5. Where the land does not have frontage on a public street, signs shall be posted on the nearest public street with an attached notation indicating the location of the land subject to the application.
    3. Contents of Notice. The contents of public notice hearings shall include the following:
      1. Publication and Mailed Notice. Published and mailed notices shall provide at least the following information:
        1. The general location of the land that is the subject of the application;
        2. Its legal description and street address;
        3. The substance of the application;
        4. The time, date and location of the public hearing;
        5. The contact point for additional information;
        6. The time, date and place where the application may be inspected by the public; and
        7. A statement that interested parties may appear at the public hearing and be heard with respect to the application.
      2. Posted Notice. Signs posted for a public hearing shall at least indicate the action proposed to be taken, the contact point for additional information, and the date, time and place of the public hearing.
    4. 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.
    5. Public Hearings.
      1. Time of Hearing. For all matters properly brought before the City Council or the Planning and Zoning Commission, the City shall select a reasonable time and place for such hearing provided; however, that such time shall be no later than 45 days following the submission of a complete application per Sec. 8-2-4, Application Completeness Review.
      2. Procedures. Elected and appointed administrative bodies may adopt rules of procedure for the conduct of public hearings. The adopted rules of procedure shall reflect the following general procedures:
        1. Any person may appear at a public hearing, submit evidence, and be heard;
        2. 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;
        3. Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent;
        4. Citizens, applicants, and the City have the right to present expert witnesses; and
        5. The Chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant.
      3. 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. 
    6. Decisions.
      1. All Decisions. A vote shall be conducted in such manner that the public may know the vote of each person entitled to vote, except when voice votes are authorized.  
      2. Planning and Zoning Commission and City Council Decisions. Except where this UDC or state statutes provide otherwise, official action requires the vote of a majority of the full City Council.
    7. Continuing Review Process. Applications receiving approval at a public meeting or hearing may subsequently undergo the processes established in Sec. 8-2-6, Inactive and Expired Applications.

    Effective on: 6/22/2021

    Sec. 8-2-8, Continuances and Withdrawals

  • Continuances. Requests for continuance of any proceeding called for in this UDC may be granted at the discretion of the review body holding the meeting. If granted, the applicant shall pay all additional costs associated with the rescheduling and public notification of the proceeding.
  • Withdrawal. Any application may be withdrawn, either in writing or on the record during the proceeding before a recommendation or a decision is made.  Additionally, an applicant whom has completed the application requirements but whom is no longer responding to requests by the Administrator concerning meeting dates for the consideration of the application may be determined at the discretion of the Administrator to have withdrawn said application.
  • Effective on: 6/22/2021

    Sec. 8-2-9, Successive Applications

  • Time Required Between Substantially Similar Applications. The City shall not accept any application that is substantially similar to an application that was denied six months prior.
  • Appeal. The Administrator's determination that an application is substantially similar to a denied application is subject to appeal. See Sec. 8-5-3, Appeals of Administrative Decisions.
  • Effective on: 6/22/2021

    Sec. 8-2-10, Fees

  • GenerallyEvery process and application established by this Chapter shall have a corresponding and appropriate application fee in accordance with the City’s Schedule of Fees.
  • Schedule of Fees. No permit or variance pursuant to Article 8, Development Review Procedures, shall be issued unless and until such costs, charges, fees, or expenses are paid.
  • Periodic Review of Fee Schedule. It is the intent of the City Council to periodically review and update the fee schedule. The Planning and Zoning Commission with input from the Administrator shall make a report and recommendation to the City Council with regard to the fee schedule when changes are necessary. The City Council shall consider the report and initiate a revised fee schedule resolution as it considers appropriate.
  • Effective on: 6/22/2021

    Sec. 8-3-1, Table of Administrative Approvals

    Table 8-3-1-1, Administrative Approvals, summarizes the review procedures involved in the development proposal process.  Detailed information about specific administrative approvals are further discussed in this Division. 

    Table 8-3-1-1

    Administrative Approvals

    Administrative Approval TypeProcedure Reference1Required For TimingExceptionsIssued By
    Concept Plan8-3-2N/A In conjunction with a pre-application conference (See Sec. 8-2-2, Pre-Application Conference)N/A--
    Building Permit8-3-3Building, plumbing, or electrical construction, all other required permits, or repair (includes demolition)Prior to beginning constructionNone City Administrator
    Street Construction Permit8-3-4Construction of any street, alley, curb, gutter, or sidewalkPrior to beginning constructionNoneCity Administrator
    Certificate of Occupancy8-3-5Occupancy of a structure, vacant land, or the change in the use of specific structuresThree days after completion of construction and approval of all final inspections or before a change in occupancyN/ACity Administrator
    Floodplain Development8-3-6Construction and development within an area of special flood hazard or flood-related erosion hazardPrior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazardNoneCity Administrator
    Sign Permit 8-3-7Placement, construction, location, or alteration of any signPrior to issuance of a sign permitDemolition (provided a demolition permit has been issued), maintenance for repair, and the changing copy of the signCity Administrator
    Site Plan 8-3-8Construction of a multi-family use (including duplex) and any nonresidential buildingPrior to the development of any use or structure where a site plan is required

    Any emergency activity that is immediately necessary for the protection of life, property, or natural resources

    City Administrator
    Site Work8-3-9Site specific construction that falls outside the scope of a building permitPrior to the commencement of the activity for which permit is requiredNoneCity Administrator
    Temporary Use Permit8-3-10The temporary uses as listed in Table 2-2-5, Temporary Use StandardsPrior to installation or establishment of the temporary use NoneCity Administrator
    TABLE NOTES:
    1. Standards are provided for cross-reference purposes only and do not exempt the application from all applicable standards of this UDC.

    Table 8-3-1-1

    Administrative Approvals

    Administrative Approval TypeProcedure Reference1Required For TimingExceptionsIssued By
    Concept Plan8-3-2N/A In conjunction with a pre-application conference (See Sec. 8-2-2, Pre-Application Conference)N/A--
    Building Permit8-3-3Building, plumbing, or electrical construction, all other required permits, or repair (includes demolition)Prior to beginning constructionNone City Administrator
    Street Construction Permit8-3-4Construction of any street, alley, curb, gutter, or sidewalkPrior to beginning constructionNoneCity Administrator
    Certificate of Occupancy8-3-5Occupancy of a structure, vacant land, or the change in the use of specific structuresThree days after completion of construction and approval of all final inspections or before a change in occupancyN/ACity Administrator
    Floodplain Development8-3-6Construction and development within an area of special flood hazard or flood-related erosion hazardPrior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazardNoneCity Administrator
    Sign Permit 8-3-7Placement, construction, location, or alteration of any signPrior to issuance of a sign permitDemolition (provided a demolition permit has been issued), maintenance for repair, and the changing copy of the signCity Administrator
    Site Plan 8-3-8Construction of a multi-family use (including duplex) and any nonresidential buildingPrior to the development of any use or structure where a site plan is required

    Any emergency activity that is immediately necessary for the protection of life, property, or natural resources

    City Administrator
    Site Work8-3-9Site specific construction that falls outside the scope of a building permitPrior to the commencement of the activity for which permit is requiredNoneCity Administrator
    Temporary Use Permit8-3-10The temporary uses as listed in Table 2-2-5, Temporary Use StandardsPrior to installation or establishment of the temporary use NoneCity Administrator
    TABLE NOTES:
    1. Standards are provided for cross-reference purposes only and do not exempt the application from all applicable standards of this UDC.

    Table 8-3-1-1

    Administrative Approvals

    Administrative Approval TypeProcedure Reference1Required For TimingExceptionsIssued By
    Concept Plan8-3-2N/A In conjunction with a pre-application conference (See Sec. 8-2-2, Pre-Application Conference)N/A--
    Building Permit8-3-3Building, plumbing, or electrical construction, all other required permits, or repair (includes demolition)Prior to beginning constructionNone City Administrator
    Street Construction Permit8-3-4Construction of any street, alley, curb, gutter, or sidewalkPrior to beginning constructionNoneCity Administrator
    Certificate of Occupancy8-3-5Occupancy of a structure, vacant land, or the change in the use of specific structuresThree days after completion of construction and approval of all final inspections or before a change in occupancyN/ACity Administrator
    Floodplain Development8-3-6Construction and development within an area of special flood hazard or flood-related erosion hazardPrior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazardNoneCity Administrator
    Sign Permit 8-3-7Placement, construction, location, or alteration of any signPrior to issuance of a sign permitDemolition (provided a demolition permit has been issued), maintenance for repair, and the changing copy of the signCity Administrator
    Site Plan 8-3-8Construction of a multi-family use (including duplex) and any nonresidential buildingPrior to the development of any use or structure where a site plan is required

    Any emergency activity that is immediately necessary for the protection of life, property, or natural resources

    City Administrator
    Site Work8-3-9Site specific construction that falls outside the scope of a building permitPrior to the commencement of the activity for which permit is requiredNoneCity Administrator
    Temporary Use Permit8-3-10The temporary uses as listed in Table 2-2-5, Temporary Use StandardsPrior to installation or establishment of the temporary use NoneCity Administrator
    TABLE NOTES:
    1. Standards are provided for cross-reference purposes only and do not exempt the application from all applicable standards of this UDC.

    Table 8-3-1-1

    Administrative Approvals

    Administrative Approval TypeProcedure Reference1Required For TimingExceptionsIssued By
    Concept Plan8-3-2N/A In conjunction with a pre-application conference (See Sec. 8-2-2, Pre-Application Conference)N/A--
    Building Permit8-3-3Building, plumbing, or electrical construction, all other required permits, or repair (includes demolition)Prior to beginning constructionNone City Administrator
    Street Construction Permit8-3-4Construction of any street, alley, curb, gutter, or sidewalkPrior to beginning constructionNoneCity Administrator
    Certificate of Occupancy8-3-5Occupancy of a structure, vacant land, or the change in the use of specific structuresThree days after completion of construction and approval of all final inspections or before a change in occupancyN/ACity Administrator
    Floodplain Development8-3-6Construction and development within an area of special flood hazard or flood-related erosion hazardPrior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazardNoneCity Administrator
    Sign Permit 8-3-7Placement, construction, location, or alteration of any signPrior to issuance of a sign permitDemolition (provided a demolition permit has been issued), maintenance for repair, and the changing copy of the signCity Administrator
    Site Plan 8-3-8Construction of a multi-family use (including duplex) and any nonresidential buildingPrior to the development of any use or structure where a site plan is required

    Any emergency activity that is immediately necessary for the protection of life, property, or natural resources

    City Administrator
    Site Work8-3-9Site specific construction that falls outside the scope of a building permitPrior to the commencement of the activity for which permit is requiredNoneCity Administrator
    Temporary Use Permit8-3-10The temporary uses as listed in Table 2-2-5, Temporary Use StandardsPrior to installation or establishment of the temporary use NoneCity Administrator
    TABLE NOTES:
    1. Standards are provided for cross-reference purposes only and do not exempt the application from all applicable standards of this UDC.

    Effective on: 6/22/2021

    Sec. 8-3-2, Concept Plan

  • Purpose. The purpose of a concept plan is to provide a conceptual overview to the Administrator that represents a proposed design and phasing for the development of a site. 
  • Submittal Process.

    1. Pre-Application Conference. Concept plans, while not required, are recommended to be submitted to the Administrator in conjunction with the pre-application conference.  See Sec. 8-2-2Pre-Application Conference.

    2. Review and Recommendation by the Administrator. The Administrator shall review the concept plan in conformance with the procedures established in Div. 8-2, Standard Review Procedures and the applicable standards of this UDC 

  • Elements to be Included for Review. The concept plan for the proposed development is recommended to include the following:

    1. A general plan showing the location and relationship of the various land uses permitted in the development; 

    2. A range of proposed building heights

    3. A written statement addressing the drainage development of the site;

    4. The general location of detention/retention ponds and other major drainage structures;

    5. The general location of building and parking areas;

    6. Open spaces, parkland, conservation areas, greenways, parks, trails, and other special features of the development; and

    7. Buffer areas or a statement indicating buffering proposed;

  • Effective on: 6/22/2021

    Sec. 8-3-3, Building Permit

  • Purpose. The purpose of a building permit is to ensure that applicable structures are built in conformance with this UDC and Chapter 6, Buildings and Building Regulations, of the City's Code of Ordinances.
  • Scope of Building Permit. All application types with standards applicable within Chapter 6, Building and Building Regulations, of the City's Code of Ordinances shall be required to submit for approval under the provisions for a building permit. For example, a demolition permit is a type of building permit. 
  • Required Prior to Permit
    1. All Buildings. The Administrator shall not issue a building permit for any building unless:
      1. A final plat has been approved and recorded; or
      2. The standards of this UDC have been met. 
    2. Principal Structures. The Administrator shall not issue a building permit for any principal building unless: 
      1. The subject property is part of a plat recorded with the Brown County Clerk; or
      2. Required or proposed improvements associated with an approved final plat have been either installed or guaranteed in accordance with Sec. 4-3-2, Guarantees.
  • Effective on: 6/22/2021

    Sec. 8-3-4, Street Construction Permit

  • Generally. No person shall construct any streets, alleys, curbs, gutters, or sidewalks within the City limits without first applying to the City through the Administrator for a permit to construct such improvements.
  • Construction Standards and Design. Construction will be in accordance with:
    1. The applicable standards of ARTICLE 4, Subdivision Standards; and
    2. The specifications contained in the City's Engineering Design Manual. The Administrator may require plans, specifications or drawings of such improvements to be made.
  • Effective on: 6/22/2021

    Sec. 8-3-5, Certificate of Occupancy

  • Generally. Certificates of Occupancy shall be required for any of the following:
    1. Occupancy and use of a new building hereafter erected or structurally altered existing building;
    2. Change in use of an existing building to a use of a different classification;
    3. Occupancy and use of vacant land; or
    4. Change in the use of land to a use of a different classification.
  • Application. 
    1. Filing. An application for a certificate of occupancy for a new building shall be filed at the same time as the application for the building permit
    2. Timing. If the application conforms with all provisions of this UDC, the inspection  will occur  within three business days after submittal.
    3. Issuance. Upon the passing of the inspection the certificate of occupancy will be issued. 
  • Compliance. Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law.
  • Effective on: 6/22/2021

    Sec. 8-3-6 Floodplain Development

  • Purpose. The purpose of a Floodplain Development Permit is to ensure that all development proposed within a special flood hazard area and all development constructed, installed, commenced, improved, or maintained within a special flood hazard area, complies with the applicable provisions of this UDC
  • Submittal Requirements. Application for a floodplain development permit shall be presented to the City Administrator on forms furnished by the City showing:
    1. Plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard;  
    2. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; 
    3. Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed; 
    4. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and
    5. If applicable a certificate from a registered professional engineer or architect that the nonresidential flood proofed structure shall meet the flood proofing criteria of Sec. 5-2-2.C, Non-Residential Construction.
  • Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a floodplain development permit, the review body shall consider whether the application requirements of Subsection B, above have been met and the following relevant factors:
    1. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner is minimal;
    2. The danger that materials may be swept onto other lands to the injury of others is minimal; 
    3. The proposed use is compatible with existing and anticipated development;
    4. The property is safely accessible in times of flood for ordinary and emergency vehicles;
    5. 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; 
    6. 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 site are manageable; 
    7. A waterfront location is necessary for the facility, where applicable;
    8. Alternative locations, not subject to flooding or erosion damage, are not available for the proposed use; and
    9. The danger to life and property due to flooding or erosion damage is minimal.
  • Effective on: 6/22/2021

    Sec. 8-3-7, Sign Permit

  • Generally. A sign permit is required for any person to place, construct, or alter the size or shape of any sign or to thereafter make use of a sign without having first obtained a sign permit from the City, except as otherwise provided in this Section and Sec. 3-4-3, Signs Not Requiring a Permit.

  • Permit Exemptions. A sign permit is not required to:

    1. Demolition. Removal of a sign if the applicant obtains a demolition permit in accordance with Chapter 6, Building and Building Regulations, of the City's Code of Ordinances for the structure on which the sign is mounted;

    2. Maintenance. Repaint a sign or to restore a sign to its original condition if the sign otherwise complies with this UDC; or

    3. Changing Copy. Periodic changes to the letters, numbers or message portion of a lawful sign specifically designed for that purpose.

  • Issuance of Permits. If the plans and specifications for a sign set forth in any application for a permit conform to all of the requirements of this UDC, and any other applicable city regulations, the City Administrator shall issue the appropriate permit.

  • Duration. Unless earlier revoked, a sign permit to construct, erect, locate, or place is valid for 180 days from the date of issuance.

  • Revocation. The City Administrator is hereby authorized and empowered to revoke any permit issued by him upon failure of the holder to comply with any provision of the City's Code of Ordinances or this UDC.
  • Effective on: 6/22/2021

    Sec. 8-3-8, Site Plan

  • Purpose. The purpose of a site plan is to ensure that applicable developments comply with all development and design standards of this UDC
  • Applicability

    1. Prior to development of any use or structure other than the exemptions listed below in Subsection C, a site plan shall be approved in accordance with this Section prior to any development commencing on the property.

    2. All improvements reflected on approved site plans must be constructed at the time of development in accordance with this UDC.

  • Exemptions. The following activities shall not require a site plan:
    1. Construction of single-family dwelling; and
    2. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.

  • Submittal Requirements.

    1. Format. The site plan shall be submitted in the following format:

      1. Scale. One inch equals 100 feet.

      2. Size. 24 x 36 inches.

    2. Locations Identified. The following showing items shall be accurately depicted on the plan:

      1. All existing or proposed buildings, structures, or improvements (including temporary structures);

      2. All existing front, side, and back setback locations;

      3. All proposed modifications to the external configuration of each building, structure, or improvement (including all carports);

      4. Open spaces and landscaped areas; and

      5. Parking and loading with vehicular and pedestrian circulation.

    3. Supplemental Plans Required.

      1. Site Work Permit. A site work permit in conformance with Sec. 8-3-9, Site Work Permit, shall be submitted in conjunction for a site plan for those properties where site work has not yet been completed.

      2. Engineering Plan. An engineering plan for the water, sewer, and other utilities, as well as street(s) and parking construction shall be submitted in accordance with Sec. 4-2-4, Construction Standards, and the City's Engineering Design Manual.

      3. Landscaping Plan. A landscaping plan showing the how the applicant with comply with Sec. 3-3-2, Development Landscaping, and any additional buffering requirements per Sec. 3-3-3, Buffering or Sec. 2-2-3, Limited Use Standards.

      4. Lighting Plan. All new nonresidential developments shall submit a plan including light fixture details to demonstrate conformance with Sec. 3-5-2, Lighting Design. Lighting plans are not required to be designed by a licensed engineer.  

    4. Exception. A site plan is not required for the following activities any emergency activity that is immediately necessary for the protection of life, property, or natural resources.

  • Site Plan Review Criteria. To be approved, a site plan must provide for those items listed below. The City Administrator may request changes to the site plan to accomplish the following requirements.

    1. Safe and convenient traffic control, handling, and vehicle queuing;

    2. Assured pedestrian safety which may include the provision of sidewalks along the perimeter of the property;

    3. Efficient and economic public utilities;

    4. Public road or street access;

    5. Safe and efficient internal access including public, private, or emergency;

    6. Adequate parking and maneuvering areas;

    7. Noise and emission control or dispersion that complies with Article III, Division 4, Noxious Odors, Excessive Noises, of the City's Code of Ordinances;

    8. Runoff, drainage, and flood control; and

    9. Visual screening of areas offensive to the public or adjacent developments such as detention areas, retaining walls, utilities and solid waste facilities.

  • Decision Procedures. 

    1. Approval. If the proposed site plan is determined to be consistent with all applicable provisions of this UDC, the Administrator shall approve or conditionally approve the site plan. Conditional approval must entail corrections or changes that are ministerial and explicitly spelled out.

    2. Disapproval. A determination that all such requirements and provisions have not been satisfied shall result in disapproval of the site plan and notice of such disapproval shall be given to the applicant in writing.

  • Effective on: 6/22/2021

    Sec. 8-3-9 Site Work

  • Purpose. A site work permit is intended to provide for approval of site specific construction that falls outside the scope of the City's building permit.  
  • Application. A site work permit is required, but is not limited to, the following activities:
    1. Any excavation, fill, or earthmoving involving an earthwork volume greater than 10 cubic yards;
    2. Construction, paving, or re-paving of any driveway, private street, parking lot, sidewalk, or path;
    3. Construction of any paved surface larger than 100 square feet in area;
    4. Construction or installation of any sewer, pipe, swale, or ditch for drainage purposes, except footing tiles or roof drainage interior to a structure;
    5. Construction or installation of any fence that complies with the requirements of Subsection 3-1-8.D, Fence and Wall Regulations; or
    6. Installation of any exterior lighting for any non-residential use (See Table 2-2-2-2, Non-Residential Uses), that complies with the requirements of DIVISION 3-5, Outdoor Lighting, of this UDC, and Chapter 6, Article X, Electrical Code, of the City's Code of Ordinances.
  • Drainage Plan. A drainage plan showing all detention/retention facilities providing for a 100-year storm and storm sewers or surface drainage providing for a 25-year storm shall be provided in accordance with Sec. 4-2-4, Construction Standards, and the City's Engineering Design Manual.
  • Issuance of Permit. A site work permit shall be issued if the City Administrator finds that:
    1. All applicable requirements of this UDC and the City's Code of Ordinances have been met; and
    2. If any State or Federal approvals are required, said approvals have been granted. To include but not limited to stormwater pollution prevention plan (SW3P). 
  • Permit Conditions. All site work permits are issued upon the following conditions:
    1. The applicant shall notify the City Administrator at least five days before beginning any land-disturbing activity;
    2. The applicant shall maintain all road drainage systems, storm water drainage systems, and other facilities;
    3. The applicant shall remove sediment resulting from land-disturbing activities from adjacent surfaces and/or drainage courses;
    4. The applicant shall allow the City Administrator or designee to enter the site to verify compliance or to perform any work necessary to bring the site into compliance with the approved permit; and
    5. The applicant shall submit a revised site work permit for approval if the nature of the project changes from that proposed under the approved permit.
  • Effective on: 6/22/2021

    Sec. 8-3-10, Temporary Use Permit

  • Generally. A temporary use permit is required for all permitted non-residential temporary uses in accordance with the standards as shown in Sec. 2-2-5, Temporary Use Standards.
  • Permit Issuance. If applicable, the City Administrator shall issue the permit listing any applicable conditions. 
  • Additional Submittal Requirements for Model Homes and On-Site Real Estate Offices.
    1. Bond. Applicant shall post a $5,000.00 bond, refundable deposit, or other form of surety per model home to guarantee conversion of any office/display area to the approved residential use and for removal of any exterior items such as temporary parking, fencing, lighting and signage.
    2. Building Permit. Applicant shall make application for a model home building permit which shall be subject to all applicable building, subdivision, zoning and all other codes in the same manner as any other residence. It shall also comply with all deed restrictions, drainage, and other construction plans of the given subdivision.
    3. Impact on Utilities. Granting a model home permit in no way obligates the City to supply any utility or access to any model home until such utilities and roadways have been constructed and accepted by the City.  
  • Effective on: 6/22/2021

    Sec. 8-4-1, Table of Legislative Approvals

    Table 8-4-1-1, Legislative Approvals, summarizes the procedures involved in the legislative application processes.  Detailed information about specific legislative procedures and applications are further discussed in this Division. 

    Table 8-4-1-1

    Legislative Approvals

    Approval TypeProcedure Reference1Required For TimingExceptionsIssued By
    Specific Use Permit8-4-2Any use designated as a specific use (S) within Sec. 2-2-2, Use Tables, or to convert a nonconforming land use to a conforming land use per Sec. 6-2-5, Mitigation of Nonconformities.Prior to the establishment of the specific use or construction of any structures related to the specific use.NoneCity Council
    Text Amendment8-4-3Amendments, supplements, or changes to the text of the UDC.Prior to any modifications to the text of this UDC.None City Council
    Wireless Communication Facilities (WCF) Permit25-3The construction of any WCF. Prior to the establishment or construction of the use.NoneCity Council
    Zoning Map Amendment8-4-5Modifications to the City's official zoning map.Prior to any modifications to the City's Official Zoning MapNoneCity Council
    Master Sign Plan8-4-6Construction, placement, or modifications to signs placed throughout a development.Prior to placement or construction of any signs on the parcel associated with the master sign plan. NonePlanning and Zoning Commission
    TABLE NOTES:
    1. Standards are provided for cross-reference purposes only, and do not exempt an applicant from all applicable standards of this UDC.

    Effective on: 6/22/2021

    Sec. 8-4-2, Specific Use Permit

  •  Applicability. A Specific Use Permit is required to:
    1. Ensure that the use will be compatible with surrounding land uses and appropriate at the proposed locations as set out in Div. 2-1, Zoning Districts; or
    2. Convert a nonconforming land use to become conforming per Sec. 6-2-5, Mitigation of Nonconformities.

  • Submittal Requirements. The applicant shall submit the following minimum information to apply for a Specific Use Permit:
    1. The street address, location, legal description of the property affected, or a certified boundary survey, plat, or site development plan of land area subject to the Specific Use Permit;
    2. Proof of ownership of the property or a letter from the property owner approving of the specific use requested;
    3. A statement explaining the rationale for the Specific Use Permit relative to the approval criteria of Sec. 2-2-4, Specific Use Standards, and if applicable, Sec. 6-2-5, Mitigation of Nonconformities; and
    4. Any plans, operating data, and expert evaluation to explain the proposed use and to demonstrate why the Specific Use Permit, if granted, would be compatible with surrounding development
  • Review by the Planning and Zoning Commission (P&Z) and City Council.

    1. Public Meetings. The City shall satisfy the notification requirements and the P&Z shall first conduct a public meeting as established in Sec. 8-2-7, Public Notice and Public Meetings. Should the use be recommended to the City Council for approval, the issue will be placed on the City Council's agenda, who will then hold another public meeting which shall also be pursuant to Sec. 8-2-7, Public Notice and Public Meetings.

    2. Conditions. The City Council may establish conditions of operation, location, arrangement, or other aspects of the land use deemed to be in the public interest and/or to assure compatibility with surrounding development as part of any approval for a specific use that is not explicitly stated as a requirement in this UDC.

    3. Denial. If the City Council denies an application, the City shall adopt findings of fact citing specific approval criteria in accordance with Sec. 2-2-4, Specific Use Standards, that were not satisfied.

  • Effective on: 6/22/2021

    Sec. 8-4-3, Text Amendment

  • Generally. The City Council may, after recommendation of the Planning and Zoning Commission (P&Z), adopt an ordinance amending the text of this UDC
  • P&Z Action. The P&Z shall review any and all proposed text amendments to the UDC and make a recommendation to the City Council on whether or not to approve the modification.
  • City Council Action. After receipt of the report from the P&Z, no such proposed amendment, supplement or change, or application for specific use permit shall become effective, until approved by City Council.
  • Decision Criteria. The P&Z and City Council shall consider the following factors when determining whether to approve a text amendment (no one factor is controlling and thus requires P&Z and/or City Council to make a specific recommendation or decision):
    1. Potential Conflicts. The extent to which the proposed text amendment would conflict with any portion of this Chapter or any Chapter of the City's Code of Ordinances; 
    2. Adverse Impact on Environment. The extent to which the proposed amendment would result in a significant adverse impact on the natural environment including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment; 
    3. Community Need. The extent to which the proposed amendment addresses a demonstrated community need; and
    4. Compatibility. The extent to which the proposed amendment is compatible with the City's adopted planning documents.
  • Non-Substantive Amendments. If necessary, the Administrator may without action of the P&Z and/or City Council:
    1. Correct spelling or punctuation errors;
    2. Cross-reference changes (because another section of this UDC or the City's Code of Ordinances has been moved or changed);
    3. Cross-reference errors; and
    4. Updated graphics and images that do not change any substantive standards of this UDC.
  • Effective on: 6/22/2021

    Sec. 8-4-4, Wireless Communication Facilities Permit

    See Chapter Chapter 25, Wireless Communications Facilities, of the City's Code of Ordinances.

    Effective on: 6/22/2021

    Sec. 8-4-5, Zoning Map Amendment (Rezoning)

  • Generally. The City Council may, after the recommendation of the Planning and Zoning Commission (P&Z), adopt an ordinance amending the boundaries of the official zoning map upon compliance with the provisions of this Section.
  • Eligibility to Propose Amendment. An application for an zoning map amendment may be proposed by the Mayor, a City Councilman, the City Administrator, the current property owner and/or agent; or a qualified applicant for a proposed development
  • P&Z Action.

    1. The P&Z shall hold a public hearing prior to taking action on the proposed zoning map amendment; and
    2. The Commission shall make a recommendation regarding the proposed amendment to the City Council.
  • City Council Action. The City Council shall receive a recommendation from the P&Z prior to making a determination on whether or not an application will be granted.
  • Public Hearing. After receiving a recommendation from P&Z, the City Council shall, after due notice, conduct a public hearing on the proposed zoning map amendment in accordance with Texas Local Government Code (TLGC), Chapter 211, and the provisions in Sec. 8-2-7, Public Notice and Public Meetings.
  • Decision Criteria. The P&Z and City Council shall consider the following factors when determining whether to approve, approve with conditions, or deny a zoning map amendment (no one factor is controlling and thus requires P&Z and/or City Council to make a specific recommendation or decision)
    1. Compatibility. The range of uses and the character of development that is allowed by the proposed zoning district will be compatible with the properties in the immediate vicinity of the subject property and would not constitute a "spot zoning". 
    2. Property Dimensions. The subject property has sufficient dimensions to accommodate reasonable development that complies with the requirements of this UDC.
    3. Need. The pace of development and the amount of vacant land currently zoned for comparable development in the vicinity of the subject property suggests a need for the proposed zoning district to ensure an appropriate inventory of land to maintain a competitive land market that promotes economic development.
    4. Changed Conditions. 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.
    5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would not result in significant adverse impacts on the natural environment including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment.
    6. Benefit to Community. There will be benefits derived by the community and in the area where the amendment is proposed.
  • Legal Description. Any zoning map amendment ordinance shall include the legal description of the land involved extending to the centerline of abutting rights-of-way.
  • Effective on: 6/22/2021

    Sec. 8-4-6 Master Sign Plan

  • Purpose. The purpose of a master sign plan is to permit large multi-tenant centers the ability to approve their signage in one large application instead of multiple different applications being brought forward by individual tenants.  This approach allows for multi-tenant developments to have an integrated approach to signage that reduces the administrative and application burdens that occur with multiple applications.
  • Contents of Master Sign Plans.  All master signage plans shall include the following:
    1. An accurate artistic representation of the proposed signage including color scheme and materials for each sign type; 
    2. A detailed listing of the number of signs by type (temporary, permanent, way-finding, etc.); 
    3. Inclusion of traffic control and public safety signage; and
    4. A map indicating the proposed signage's location within the development. 
  • Plan Submittal. Upon approval of a master sign plan and issuance of the permit, the applicant shall pay the appropriately adopted fees for the total number of signs included in the permit. I The developer shall not pay fees for appropriately installed and approved traffic control and public safety signage. 
  • Phasing. An applicant may divide, update and modify a master sign plan based on phased development so long as it provides an updated plan to the P&Z for review and approval no less than 60 days following the approval of a final plat for a new phase or section to be developed. 
  • Duration. An approved master sign plan shall expire two years from the date of such approval if no substantial progress has been made towards completion of the project.  
  • Amendment. Prior to expiration of the master sign plan, the applicant may apply for an amendment that alters the design, materials, locations, placements orientations, and specifications of the signs. P&Z may approve the amended master sign plan if it is consistent with this UDC.
  • Effective on: 6/22/2021

    Sec. 8-5-1, Table of Quasi-Judicial Review Procedures

    Table 8-5-1-1, Quasi-Judicial Reviews, summarizes the review procedures involved in quasi-judicial application processes.  Detailed information about specific Quasi-Judicial Review procedures and applications are further discussed in this Division. 

    Table 8-5-1-1

    Quasi-Judicial Reviews

    Quasi-Judicial Review TypeProcedure Reference1Required For TimingExceptionsIssued By
    Variances8-5-2 Limited relief from the standards required by this UDC (e.g., setback, lot width, lot area, floodplain etc.)Prior to the commencement of any work not permitted by this UDC.NoneCity Council
    Appeals8-5-3Affected parties may seek a review of a decision of the responsible official or the Planning and Zoning Commission from the City Council.Must be fully complete and submitted to the City 20 days after an official decision.None City Council
    TABLE NOTES:
    1 Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC.

    Effective on: 6/22/2021

    Sec. 8-5-2, Variances

  • Purpose. The purpose of a variance is to provide limited relief from the property development standards required by this UDC for only those cases where the strict application of a particular requirement will create an unnecessary hardship by preventing the use and development of land in a reasonable manner.
  • Submittal Requirements. A complete application for a variance shall be submitted to the Administrator. No application shall be processed until any and all fees have been paid and the application has been determined completed by the Administrator in accordance with Sec. 8-2-4, Application Completeness Review.
  • Review and Recommendation by Administrator. After determining that the application is complete, the Administrator shall review the application and prepare a staff report, which may include a recommendation of approval, approval with conditions, or disapproval based upon the criteria in Subsection (E), Decision Criteria, below. 
  • Public Hearing. After due notice, the City Council shall hold a public hearing on an application for a variance permit. At the public hearing, the City Council shall consider the application, the staff report, the relevant supporting materials, and the public testimony given at the public hearing. After the close of the public hearing, the City Council shall vote to approve, approve with conditions or disapprove the application for a variance permit pursuant to the criteria of Subsection (E), Decision Criteria, below.
  • Variance Permit Criteria. To approve an application for a variance permit, the City Council shall make an affirmative finding that the following criteria have been met:
    1. Special circumstances exist that are peculiar to the land or structure that are not applicable to other land or structures in the same zoning district;
    2. These special circumstances are not the result of the actions of the applicant;
    3. Literal interpretation and enforcement of the terms and provisions of this UDC would deprive the applicant of rights commonly enjoyed by other landowners in the same zoning district, and would cause an unnecessary and undue hardship;
    4. The hardship incurred is not financial in nature;
    5. Granting the variance is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest, and which would carry out the spirit of this UDC;
    6. Granting the variance will not adversely affect adjacent land in any material way; and
    7. Granting the variance will be generally consistent with the purposes and intent of this UDC.
  • Effect of Variance Permit.
    1. Generally. Issuance of a variance shall authorize only the particular variation which is approved in the variance permit.
    2. Conforming Status. A variance permit shall run with the land. As such all properties with an approved variance will be deemed to be conforming and not in violation with the provisions of this UDC. 
    3. Time Limit. Unless otherwise specified in the variance permit, an application to commence construction of the improvements that were the subject of the variance permit request must be applied for and approved within 12 months of the date of the approval of the variance permit, otherwise, the variance permit shall automatically become null and void. Permitted time frames do not change with successive owners. Upon written request, only one extension of the 12-month timeframe may be granted by the City Council for a period not to exceed 12 months for good cause shown.
  • Floodplain Variances.
    1. Generally. Any variances granted in the floodplain requires the following in addition to the general variance requirements as shown above in this Section. 
    2. Variance Prohibition. Floodplain variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
    3. Historic Structures.
      1. National Register and State Inventory. Floodplain Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this Section. 
      2. Decision Criteria. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that: 
        1. The proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure; and
        2. The variance is the minimum necessary to preserve the historic character and design of the structure.
    4. Half-Acre Lots. Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
    5. Conditions of Approval. Upon consideration of the factors in this Section, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this UDC.
    6. Prerequisites for Granting Variances. The City Council shall only issue a floodplain variance:
      1. Upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
      2. When there is a showing of a good and sufficient cause;
      3. Upon a determination that the granting of a variance will not result in:
        1. Increased flood heights;
        2. Additional threats to public safety;
        3. Extraordinary public expense;
        4. Create nuisances;
        5. Cause fraud on or victimization of the public; or
        6. Conflict with existing local laws or ordinances.
    7. Additional Variance Requirements. The City Council may issue a floodplain variance for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
      1. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
      2. The criteria outlined in Subsection G(6), above, are met; and
      3. A determination that failure to grant the variance would result in exceptional hardship to the applicant.
    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.
  • Notice of Decision. The Administrator shall provide a copy of the decision to the applicant by mail within 10 days of the City Council's decision.
  • Effective on: 6/22/2021

    Sec. 8-5-3, Appeals

  • Generally.
    1. Purpose. The purpose of the appeals process is to provide an opportunity for affected parties to seek review of a decision of a responsible official or the P&Z in a timely manner.
    2. Pre-Approval. This section is for appeals of any application that has been denied by either the Administrator or P&Z. 
    3. Administrative Appeals.  All procedures or appeals that are administrative in nature will be heard by either P&Z or City Council.
    4. Citations or Ordinance Violations. When a citation or violation of City ordinance has been issued, the hearing, plea, or appeals will heard by the municipal court or other court of competent jurisdiction as established by the Texas Code of Criminal Procedure. The administrative case or process will continue through that administrative review procedures as established through the Unified Development Code.  
  • Types of Decisions
    1. Administrative Decisions. All administrative decisions of the Administrator pertaining to this UDC may be appealed to the City Council.
    2. Planning and Zoning Commission Decisions. All decisions of the Planning and Zoning Commission pertaining to this UDC may be appealed to the City Council.
    3. City Council Decisions. All decisions of the City Council pertaining to this UDC, may be appealed to a court of competent jurisdiction.
  • Eligibility to Appeal. Appeals may be taken to the City Council by:
    1. Any person aggrieved by the  decision; or
    2. Any officer, department, board, or bureau of the City affected by the decision.
  • Procedure.
    1. Deadline to Appeal. All appeals must be fully completed and submitted to the City 20 days after an official decision by any City official, committee, or governing body.
    2. Submittal Requirements. Such appeal shall be made by filing the appropriate form and delivering it via mail or in person to the City. All of the grounds for the appeal shall be stated in the application.
    3. Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed unless the Administrator certifies to the City Council that a stay would cause imminent peril to life or property.
    4. Notice of Hearing. The City Council shall fix a reasonable time for the appellate hearing and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot at issue. Depositing of such written notice in the mail shall be deemed sufficient compliance.
    5. Decision by City Council. The City Council shall decide the appeal within a reasonable time. The City Council may reverse or affirm wholly or partly or may modify the determination as in its opinion ought to be made.
  • Effective on: 6/22/2021

    Sec. 8-6-1, Table of Subdivision Review Procedures

    Table 8-6-1-1, Subdivision Review Procedures, summarizes the review procedures involved in subdivision review application processes.  Detailed information about specific subdivision procedures and applications are further discussed in this Division. 

    Table 8-6-1-1

    Subdivision Review Procedures

    Subdivision Review TypeProcedure Reference1Required For TimingExceptionsIssued By
    Amending Plat / Minor Plat8-6-2Plats of subdivision with four lots or fewer, each lot has frontage along a street, each lot has access to existing utilities, and the lot has not been previously subdivided.Prior to recording of the plat with Brown County or commencement of any construction.NoneCity Administrator
    Preliminary Plat8-6-3All proposed subdivisions that meets the requirements of this Section and does not meet the criteria of an amending plat, minor plat, or replatPrior to submittal of a final plat.None Planning and Zoning Commission
    Final Plat8-6-4

    All subdivision of property that meets the requirements of this    Section and does not meet the criteria an amending plat, minor plat, or replat.

    Prior to recording of the plat with Brown County or commencement of any construction.  NonePlanning and Zoning Commission
    Replat8-6-5Proposed additions for additional lots or public rights-of-way to an existing recorded plat without prior vacation.Prior to recording of the plat with Brown County or commencement of any construction.NonePlanning and Zoning Commission
    Vacation of
    Plat
    8-6-6Elimination of a subdivision of property from a prior recorded plat, whereby the subdivided land would return to a single unit of property.Prior to the sale of any lot within the subdivision unless all of the owners involved in the original subdivision agree.  N/APlanning and Zoning Commission
    TABLE NOTES:
    1. Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC.

    Effective on: 6/22/2021

    Sec. 8-6-2, Amending Plat / Minor Plat

  • Generally. This Section delegates to the Administrator the authority to approve amending and minor plats.  In addition to the requirements of Division 8-2, Standard Review Procedures, the requirements of this Section apply.
  • Minor Plat. Minor plats allow for the administrative approval of the subdivision of property when:
    1. There are four or fewer lots being created;
    2. All of the properties at issue front on an existing public street
    3. Each lot has access to existing utilities; and
    4. The lot has not been previously subdivided and thus distinguishing the procedure as different from a replat. See Sec. 8-6-5, Replat
  • Amending Plat. An amending plat is a plat meeting the definition of Texas Local Government Code (TLGC) Section 212.016.
  • Effective on: 6/22/2021

    Sec. 8-6-3, Preliminary Plat

  • Generally. In addition to the applicable required procedures in Division 8-2, Standard Review Procedures, the following shall apply to preliminary plats.
  • Purpose. The purpose of a preliminary plat is to provide sufficient information to evaluate and review the general design of a proposed subdivision to ensure compliance with the requirements in Sec. 8-6-4Final Plat, and all applicable requirements pursuant to the Texas Local Government Code (TLGC), Chapter 212.
  • Preliminary Plat Application.
    1. Required. All applicants shall submit an application for preliminary plat approval in accordance with this Section, unless a subdivision exemption applies within state law or within this UDC.
    2. Submittal Timeframe. A preliminary plat application should be submitted to the Administrator by 5:00 pm, 10 days prior to the Planning and Zoning Commission (P&Z) meeting at which they are to be considered for approval.
  • Form and Content of Preliminary Plats. All preliminary plats submitted to the P&Z shall contain the following:

    1. The proposed name of the subdivision or development, which shall not be a duplicate of any subdivision or development of record in Brown County;
    2. The legal description of the property proposed to be subdivided, including the identification of the property being in Brown County, a survey, and abstract number, together with reference to at least one established corner of a nearby recorded subdivision or the nearest public street right-of-way intersection;
    3. Descriptive information of the property including the total acreage; total number of lots, blocks, and reserves; proposed use of the land; setbacks; open space; easements and rights-of-way; and pipelines, including setbacks, and available information on the content and what the pipeline is engineered for.
    4. The name of the owner of the property. If the owner is other than a natural person, the name of the principal officer of the entity;
    5. The name of the person or firm who prepared the plat;
    6. The date on which the plat was drawn;
    7. The north point. The drawing of the subdivision shall be oriented with north to the top of the drawing;
    8. The scale for a preliminary plat shall be one-inch equals 100 feet, or for projects less than ten acres the scale acceptable for a preliminary plat shall be one-inch equals 50 feet;
    9. A scale vicinity map shall be provided and made a part of the plat indicating the general location of the subdivision and its relationship with streets, railroads, watercourses, and similar features in all directions from the subdivision to a distance of at least one-half mile. The scale of the vicinity map shall be oriented with north to the top of the drawing;
    10. The plat boundaries shall be drawn with heavy lines to indicate the subdivision with overall survey dimensions and bearings. Lines outside the subdivision shall be drawn as dashed lines;
    11. The adjacent areas outside the subdivision shall be identified with the name of the adjacent subdivisions (including recording information), the names of the recorded owners, places of public assembly, schools, parks, bayous, drainageways, acreage, and all existing streets, easements, pipelines, and other restricted uses;
    12. The location and approximate width of existing and proposed watercourses, ravines, drainage easements, and topographical elevations; and the boundaries of designated flood zones, as provided in the latest edition of the Federal Insurance Rate Map (FIRM) as published by the Federal Emergency Management Agency (FEMA). All such information shall be certified by a registered professional land surveyor or a registered professional engineer authorized to do business in the state;
    13. Contours with intervals of five-tenths-foot, referred to sea level (U.S. Coast and Geodetic Survey) datum, are required to show at least two contours within and adjacent to the subdivision. If the change in elevation throughout the subdivision is less than one foot, then the plat shall show the outfall drainage plan and identify basis of control and temporary benchmark set within the subdivision;
    14. The location and identification of all reserve tracts. If not a specific use, reserve tracts shall be identified as "unrestricted reserve." Specific uses shall be designated "restricted reserve." Specific uses include, but are not limited to, single-family residential, utility, places of public assembly, park, recreational, school, landscaping, sewage disposal, water plants, or drainage uses;
    15. The location, widths, and names of all existing and proposed streets, roads, alleys, half-streets, and easements within the subdivision and immediately adjacent thereto, the location of all existing permanent buildings within the subdivision, and all existing easements and other important features, such as section lines, political subdivision, or corporate limit lines, on all sides for a distance of not less than 200 feet;
    16. The names of all existing and proposed streets located within the subdivision and immediately adjacent thereto. If all or part of a street or major thoroughfare runs through the subdivision, the plat shall depict such street, and the plat shall contain a note that such street will be dedicated to the City. Furthermore, the developer shall build such street in accordance with the City's standards established in Sec. 4-2-2, Street Network and Design;
    17. The location of all lots, blocks, building setback lines, and other features, within the subdivision, with approximate dimensions;
    18. The proposed layout of the subdivision, showing streets, blocks, lots, alleys, easements, building lines, reserves, and parks with principal dimensions;
    19. All open space and park dedications as set forth in Sec. 4-2-13, Open Space and Park Dedication​​​​​​; and
    20. If phasing is proposed in accordance with Sec. 4-2-9, Development Phasing, then the boundary and extent of each phase shall be clearly delineated. 
  • Documents Required. A preliminary plat application shall contain the following documents:

    1. Copies Required. A preliminary plat application shall contain three 24-inch by 36-inch paper prints of the original plat drawing, reproduced on white paper with blue or black lines, e Additionally, a preliminary plat application shall contain one electronic format of the original plat drawing in either PDF or CAD format.
    2. Encumbrance Information. A preliminary plat application shall contain a statement or certificate, either in separate writing or on the plat, executed by the applicant or the person who prepared the plat, which certifies that all existing easements, rights-of-way, fee strips, and significant topographical features on the land being platted are shown and accurately identified on the plat.

    3. Contiguous Land. The plat being submitted shall include all of the contiguous land that the subdivider owns, directly or indirectly, or any land that the property owner has a legal or beneficial interest in. If the subdivider has any of the aforementioned interests, the extent of such ownership and a boundary description of the contiguous land involved also shall be shown on the plat.

    4. Notice to Utilities. A preliminary plat application shall contain notice letters to all utility companies that provide service to the area encompassed by the subdivision, whether public or private. Such notice letters shall contain a statement of the intent to subdivide, the intended use of the property within the subdivision, and shall have attached to such notice letter a copy of the preliminary plat that is filed with the City.
    5. Water and Sewer Certification. A preliminary plat application shall contain a letter certifying that water and sewer service is available to the subdivision and that services will be provided from the appropriate utility provider, or a letter certifying that private water wells and septic systems approval have been granted for the subdivision.

    6. State Department of Transportation. A preliminary plat application shall contain a permit or a no objection letter from the state department of transportation if the subdivision is adjacent to or ties into a state highway.

    7. 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.

    8. Special Studies. The applicant shall comply with all local, state, and federal laws pertaining to archeological, geological, and wetland sites, and endangered species applicable to the subdivision and shall provide any documents required by the city to evidence compliance.

    9. Other Jurisdictions. A preliminary plat application shall contain approval documents from any other applicable governmental entity, district, or entity with jurisdiction in the subdivision; however, a preliminary plat application is not required to have Brown County approval.

    10. Other Documents. A preliminary plat application shall contain any other documents the City may require to determine compliance with the standards of this UDC.

  • P&Z Action.
    1. Review and Approval. The P&Z shall review each preliminary plat application and approve the preliminary plat if it is in compliance with all of the provisions of this Section; Article 4, Subdivision Standards; Division 8-2, Standard Review Procedures; and this UDC. Plats that qualify as an amending plat or a minor plat (See Sec. 8-6-2, Amending Plat / Minor Plat) do not require P&Z approval.     
    2. Required Timeframe. The P&Z shall review and act on preliminary plat applications within 30 days from the date the preliminary plat application is postmarked or hand-delivered to the City as required by Texas Local Government Code, Chapter 212.​​​​​​ and Chapter 245. Within these time constraints, the P&Z shall take the following actions:
      1. Grant plat approval with or without conditions; or
      2. Disapprove any plat if the P&Z determines that such plat fails to comply with this UDC or other rules or regulations adopted by the City Council governing plats or the subdivision or land.
    3. Certification for Disapproval. If the P&Z disapproves a preliminary plat a written certification stating the specific reasons for the disapproval shall be sent to the applicant.
  • Effective on: 6/22/2021

    Sec. 8-6-4, Final Plat

  • Generally. In addition to the applicable required procedures in Div. 8-2, Standard Review Procedures, the following shall apply to final plats.
  • Purpose. The purpose of a final plat is to serve as the official recorded map of the property to be developed, showing the boundaries, lots, public streets, easements, and other significant facilities and features that are necessary to serve the development
  • Final Plat Application.
    1. Required. All applicants shall submit an application for preliminary plat approval in accordance with this Section, unless a subdivision exemption applies within state law or within this UDC.
    2. Submittal Timeframe. A preliminary plat application should be submitted to the Administrator by 5:00 pm, 10 days prior to the Planning and Zoning Commission (P&Z) meeting at which they are to be considered for approval.
  • Conformance to Preliminary Plat. The final plat shall conform substantially to the preliminary plat as approved and in accordance with all requirements of Sec. 8-6-3, Preliminary Plat, and this UDC.
  • Documents Required. All final plat applications shall contain the documents listed in Sec. 8-6-3, Preliminary Plats, as well as the following:
    1. Copies Required. A final plat application shall contain eight 24-inch by 36-inch paper prints of the original plat drawing, reproduced on white paper with blue or black lines, each of which shall be folded to 8½ inches by 14 inches. Additionally, a final plat application shall contain one electronic format of the original plat drawing in either PDF or CAD format.
    2. Title Report. The report shall include a legal description of the subdivision. The report shall be executed within 30 days before the date an application for final plat approval is submitted to the City.
    3. Environmental Assessment. A final plat application shall contain a Phase 1 environmental assessment if the City Administrator determines such assessment necessary for the subdivision. If hazardous materials are found, appropriate remediation shall be performed in accordance with the Texas Commission on Environmental Quality (TCEQ).
  • P&Z Action.
    1. Review and Approval. The P&Z shall review each final plat application. The P&Z shall approve a final plat if it is in compliance with this Section; Article 4, Subdivision Standards; Division 8-2, Standard Review Procedures; and this UDC.
    2. Required Timeframe. The P&Z shall review and act on preliminary plat applications within 30 days from the date the preliminary plat application is postmarked or hand-delivered to the City as required by Texas Local Government Code, Chapter 212​​​​​​ and Chapter 245. Within these time constraints, the P&Z shall take the following actions:
      1. Grant plat approval with or without conditions; or
      2. Disapprove any plat if the P&Z determines that such plat fails to comply with this UDC or other rules or regulations adopted by the City Council governing plats or the subdivision or land.
    3. Certification for Disapproval. If the P&Z disapproves a preliminary plat a written certification stating the specific reasons for the disapproval shall be sent to the applicant.
  • Effective on: 6/22/2021

    Sec. 8-6-5, Replat

  • Generally. In addition to the applicable required procedures in Division 8-2, Standard Review Procedures, the following shall apply to replats.
  • Purpose. The purpose of a replat is to allow a property owner to add additional lots or public rights-of-way to a recorded plat without prior vacation.  
  • Replatting Without Vacating Preceding Plat. In accordance with Texas Local Government Code Section 212.014212.0145, and 212.015, a replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat:
    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 8-2-1-1, Table of Standard Review Procedures, by the Planning and Zoning Commission; and
    3. Does not attempt to amend or remove any covenants or restrictions.
  • 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: 6/22/2021

    Sec. 8-6-6, Vacation of Plat

  • Generally. In addition to the applicable required procedures in Division 8-2, Standard Review Procedures, the following shall apply to the vacation of plats.
    1. 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.
    2. Vacation of Plat. In accordance with Texas Local Government Code (TLGC) 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.

      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.
    1. Government Initiated Plat Vacation.
      1. Generally. The P&Z 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 plat 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 P&Z 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.
      2. Notice. Prior to initiating a plat vacation, the P&Z shall follow the notice requirements set forth in TLGC Section 212.015.

    Effective on: 6/22/2021