1. 1.
   Application Types. There are four different types of applications that are designated within Article 9, Development Review Procedures: Administrative (See Division 9.300);  Legislative (See Division 9.400); Quasi-Judicial (See Division 9.500); and Subdivision (See Division 9.600). 
2. 2.
   Not Required for all Applications. Not all of the provisions found within Table 9.102, Standard Review Procedures, are applicable to each application type. 
3. 3.
   Table Symbols. The following symbols are used in Table 9.102-1, Standard Review Procedures.

   1. a.
      • = Standard Review Procedure Required; 
   2. b.
      -- = Standard Review Procedure Not Required

1. 1.
   Generally. The request shall be accompanied by a description of the character, location, and magnitude of the proposed development and the type of approval sought. If a Concept Plan is required, then it should be brought to the pre-application conference and shall comply with Sec. 9.301, Concept Plan.
2. 2.
   Telecommunications Towers.

   1. a.
      Inventory of Existing Facilities. Each applicant for a Telecommunication Tower shall provide to the Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the City or within three miles of the border thereof, including specific information about the location, height, and design of each tower or antenna.
   2. b.
      Maintenance of Inventory by Administrator. The Administrator will develop, update, and maintain an inventory of wireless telecommunications towers and antennas for potential co-location and to ensure abandoned antennas and towers are removed. The inventory may be shared with other applicants applying for permits under this Code or other organizations seeking to locate towers or antennas within the jurisdiction of the City, provided, however, that the Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

1. 1.
   Administrator Responsibility. The Administrator shall review all development review submittals for completeness.
2. 2.
   Meaning of Completeness.  The Administrator shall deem complete a submittal that contains:

   1. a.
      All of the submittal information required in the application form;
   2. b.
      Documents or drawings that are prepared and certified by qualified professionals (where such certifications are required);
   3. c.
      The application fee; and
   4. d.
      Any additional information that is necessary to demonstrate compliance with all of the applicable requirements of this Code.
3. 3.
   Timeline. The application completeness review and notification required in subsection A above, shall be accomplished by the Administrator immediately upon submittal. 

1. 1.
   Accuracy. The contents of the submittal are accurate or that they comply with the standards of this Code;
2. 2.
   Positive Recommendation or Decision. The application will receive a positive recommendation or final decision from the applicable decision-making or review body; or
3. 3.
   Additional Clarification or Information. That during the review and deliberation process, additional clarification or information will not be needed.

1. 1.
   Duties. If the Administrator determines a submittal not to be complete, the Administrator shall notify the applicant of all missing or incomplete items.
2. 2.
   Rejection. If the applicant does not submit the missing or incomplete items , then the Administrator shall deem the application rejected. After the Administrator rejects an application, a new application and fee shall be required if the applicant wishes to apply again. 
3. 3.
   Not Filed or Submitted. Incomplete or rejected applications are not considered "filed​​​​​​" or "submitted" for the purposes of Texas Local Government Code Chapter 212, TLGC Chapter 245, or for any other purpose.

1. 1.
   Comments. During the application review, the Administrator may provide comments from administrative bodies, where applicable, to the applicant. The applicant shall revise and resubmit the application with the requested changes.
2. 2.
   Resubmittal. Upon receipt of a 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.

1. 1.
   Administrative Applications. If the application is for a review procedure addressed in Division 9.300, Administrative Application Review Procedures, then the City staff member denoted in Table 9.103, Table of Administrative and Public Meeting Approvals, shall approve, conditionally approve, or deny the application, as appropriate.
2. 2.
   Legislative, Quasi-Judicial, and Subdivision Applications. If according to Table 9.103, Table of Administrative and Public Meeting Approvals, the application requires a public hearing prior to a final decision, then the applicable City staff member shall forward a recommendation to the appropriate governmental body who will consider it for further recommendation or final decision.  

1. 1.
   Voiding of Inactive Applications.

   1. a.
      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. b.
      Voiding Application. 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.
2. 2.
   Extension of Time.

   1. a.
      Plats. Prior to the expiration of an inactive plat, the application may be extended by the Administrator upon written request of the applicant. 
   2. b.
      Amendments. If the City Council amends this Code or adopts other regulations during the period of time when the application was inactive, the application shall:

      1. i.
         Not be subject to compliance to the new regulations until the original application is considered to be voided; and
      2. ii.
         The application shall be subject to the new regulations and ordinances if the period of time to request an extension lapses.
   3. c.
      Expiration After Time Extension. An inactive application for which a time extension was granted shall expire after a six-month period from when the extension lapsed and if another extension was not requested.

1. 1.
   Term of Approval. 

   1. a.
      Approvals shall expire at the end of the stated time period as denoted in Table 9.103, Development Review Summary Table, if any of the following occur: 

      1. i.
         A building permit has not been issued to establish the use authorized in the approval;
      2. ii.
         The use does not require a building permit and is not established, ongoing, and in operation; or
      3. iii.
         The site changes ownership. 
   2. b.
      Any approval without an expiration listed in Table 9.103, Development Review Summary Table, shall not expire. Such approvals shall continue in force until superseded by a UDC amendment, a subsequent, inconsistent application, or other similar specific action that would alter the approval.
2. 2.
   Extensions.

   1. a.
      Upon written request stating the reasons for the extension request, an extension may be granted by the Administrator for a period not to exceed the original approval period for good cause shown.
   2. b.
      No request for an extension shall be considered unless a written application requesting the extension is submitted to the Administrator no later than 30 days prior to the expiration of the approval. Failure to submit an application for an extension within the time limit shall result in the approval's expiration as provided in Subsection C.1, above. 
3. 3.
   Appeals or Litigation.

   1. a.
      If there is an appeal or litigation during the time period that limits the applicant's ability to proceed, the appeal or litigation shall suspend the expiration date, and the date shall be recalculated when the appeal or litigation, including appeals, is complete.
   2. b.
      The new expiration date shall be established by adding the number of days that the approval remained valid before the appeal or litigation commenced to the date the appeal or litigation was completed by a final, non-appealable order. 
   3. c.
      This Subsection does not apply if the litigation is for violation of this Code.

1. 1.
   TLGC. When required, public notice shall be provided in accordance with this Section and the requirements of the Texas Local Government Code (TLGC).
2. 2.
   Conflicting Requirements. If the requirements of this UDC conflict with the requirements of the TLGC, the stricter requirement shall prevail.

1. 1.
   Applicability. Table 9.207, Required Notice, sets out the specific notice requirement for each type of application where notice is required.

1. 1.
   Zoning Map Amendment and Text Amendments. No zoning map amendment or text amendment  which has been denied by the City Council shall be again considered either by the City Council or the Planning and Zoning Commission for 12 months from the date of the original action. This provision does not preclude an application being made for a different zoning map amendment but in no case shall the zoning map amendment result in a more intense land use than the original zoning map amendment being sought by an applicant.
2. 2.
   All Other Applications. An application for development approval involving any land for which a substantially similar application was denied within the preceding 12 months shall not be accepted by the Administrator.

1. 1.
   Changed Circumstances. There are changed circumstances that justify processing the application again; or
2. 2.
   Addresses Basis for Denial. The new application addresses the issues that were the basis for the denial.

1. 1.
   The City Council shall, from time to time, establish fees for the processing and review of the various applications and reviews contemplated by this Code.
2. 2.
   The fees shall be reasonable, but shall not exceed the actual costs of staff and consultant time in reviewing the applications.
3. 3.
   The City Council may provide for a flat fee, plus require the reimbursement of extraordinary costs to the City that are necessitated by an application, such as fees for expert technical review or advice.

1. 1.
   Modification. An applicant may agree to modify a request, including, but not limited to, the plans and specifications submitted, in response to questions or comments by persons appearing at a public meeting or hearing or to suggestions or recommendations by the administrative body holding the meeting or hearing.
2. 2.
   No Further Action. Unless such modifications are so substantial that the administrative body determines that it cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials, the body may make a recommendation or conditionally approve the request with the requirement that the approval is not effective until the applicant submits materials reflecting the agreed-upon changes to the Administrator. An administrative body shall not accept any subsequent application and shall make no further approvals related to the subject property until the applicant submits the required modifications.
3. 3.
   Referral. Where deemed appropriate by a final decision-making body, modifications may be referred back to the recommending body for review, prior to further consideration.

1. 1.
   Gross Floor Area (GFA). An addition to a structure does not exceed 10 percent of the previously approved total GFA of the structure.
2. 2.
   Height. Additional height of a structure does not exceed 10 percent of the previously approved height.
3. 3.
   Position. A shift in the position of a structure is of less than 10 feet, and violates neither a required building setback or a Building Code provision
4. 4.
   Density. The overall density of the project does not increase as a result of a change in the GFA, height, or position.
5. 5.
   Condition of Approval. The proposal does not violate a condition of approval for the original application, or a provision of the Code of Ordinances.

1. 1.
   Administrator Review and Approval. An approved but unrecorded Final Plat, Minor or Amending Plat, or Replat that the Administrator finds to contain an insignificant error, including, but not limited to, scrivener's errors or typographical errors, may be corrected by the applicant.
2. 2.
   DRC Review and Administrator Approval. The Administrator may approve other minor corrections, including, but not limited to, the addition, deletion, or relocation of easements, after review by the Development Review Committee.
3. 3.
   Amending Plat. Any correction of a recorded plat shall be in accordance with Sec. 9.601, Minor or Amending Plat. 

1. 1.
   Submittals for Recording. The applicant shall provide the following to the Administrator after approval of a Minor or Amending Plat, Final Plat, or Replat, where applicable:

   1. a.
      Tax certificate(s) from the County Clerk and school district stating that no taxes are delinquent against the property; 
   2. b.
      The plat in digital format in either .dwg, .pdf or in TIFF format at 400 dots per inch; and
   3. c.
      Three durable copies of the plat, reproducible true to industry-standard engineering scales on standard ANSI or architectural sheet sizes sufficient to legibly illustrate the proposed layout and required information. 
2. 2.
   Recording. Within 10 days of receipt and approval of the above documents, the Administrator shall record the approved plat with the Hidalgo County Clerk. After the plat has been recorded, the Administrator shall issue to the subdivider the necessary copies of the approved and signed Final Plat along with the Hidalgo County filing number.  

1. 1.
   Purpose. The Concept Plan provides the framework for development and serves as a conceptual layout of a project area
2. 2.
   Applicability. In addition to the applicable required procedures in Division 9.200, Standard Review Procedures, the specific procedural provisions of this Section shall apply:

   1. a.
      Prior to approval of a Site Plan for any portion of a multi-phased project site area, approval of a Concept Plan is required.
   2. b.
      Prior to filing a preliminary plat, a subdivider who intends to submit a sequence of preliminary plats of a proposed development shall submit a Concept Plan of the entire development for review and approval by the Planning and Zoning Commission. When a concept plan is required, every preliminary plat must substantially comply with the approved concept plan.

1. 1.
   Applicability. In addition to the applicable required procedures in Division 9.200, Standard Review Procedures, the specific procedural provisions of this Section shall apply when proposing to change the use, locate or to begin a new use, erect, construct, remodel, extend, convert or structurally alter, or develop any lot or structure.
2. 2.
   Prior Approval Required. Every subdivision, attached single-family or multi-family, institutional, commercial, or industrial development will submit and have approved a Site Plan or plat(s) in accordance with Sec. 9.307, Site Plan and Division 9.600, Subdivision Application Review Procedures, prior to the issuance of a building permit.
3. 3.
   Exceptions.

   1. a.
      This Section does not require a change in the plans, construction, or designated use of any structure or lot for which a building permit have been approved prior to the effective date, provided such approved activity continues in compliance with all terms of the previously approved permits. 
   2. b.
      This Section does not apply to emergencies or accessory structures of 150 square feet or less of floor area.

1. 1.
   Review Criteria. In determining whether to approve, approve with conditions, or deny a Building Permit, the review bodies shall consider the applicable common decision criteria in Sec. 9.205, Common Decision Criteria, and whether the proposal compiles with City of Edinburg adopted building codes. 
2. 2.
   Affirmative Findings. In order to approve an application for a Building Permit, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1. 1.
   Application. In addition to requirements in Sec. 9.202, Application Submittal, Building Permit applications shall include documents and specifications required for the Building Official to review compliance with adopted building codes.
2. 2.
   Review and Final Decision. The Building Official shall review and approve, approve with conditions or deny the Building Permit.
3. 3.
   Revocation. A Building Permit that has not been closed is revocable upon noncompliance with any conditions or requirements imposed by this Code or because the building permit has expired due to inaction of the applicant for the period of time set out in Sec. 9.103, Development Review Summary Table.

1. 1.
   Purpose. The purpose of a Certificate of Occupancy is to certify that a completed project adheres to this UDC, the City's Building Code, the Site Plan and Building Permit, conditions of approval, and all other pertinent requirements in the Code of Ordinances. It is unlawful to occupy any building or structure unless the Building Official has issued a full, or temporary Certificate of Occupancy, as applicable.
2. 2.
   Applicability. In addition to the applicable required procedures in Division 9.200, Standard Review Procedures, the specific procedural provisions of this Section shall apply to the following:

   1. a.
      Occupancy and use of a new building hereafter erected or structurally altered existing building;
   2. b.
      Change in use of an existing building to a use of a different classification;
   3. c.
      Occupancy and use of vacant land; or
   4. d.
      Change in the use of land to a use of a different classification

1. 1.
   Applicability. In addition to the applicable required procedures in Division 9.200, Standard Review Procedures, the specific procedural provisions of this Section shall apply to signs requiring a Sign Permit as described in Sec. 4.304, Signs Requiring a Permit. 
2. 2.
   Exceptions.  A sign permit is not required to:

   1. a.
      Demolition. Removal of a sign if the applicant obtains a demolition permit for the structure on which the sign is mounted;
   2. b.
      Maintenance. Repaint a sign or restore a sign to its original condition if the sign otherwise complies with this UDC; or
   3. c.
      Changing Copy. Periodic changes to the letters, numbers, or message portion of a lawful sign specifically designed for that purpose.

Specific Review Criteria.

1. 1.

   Review Criteria. In determining whether to approve, approve with conditions, or deny a Sign Permit, the review bodies shall consider the applicable common decision criteria in Sec. 9.205, Common Decision Criteria, and the following:

   1. a.
      Standards set out in Division 4.300, Signs;
   2. b.
      Any conditions established with the approval of a Site Plan; and
   3. c.
      All other applicable requirements in the City's Code of Ordinance. 
2. 2.
   Affirmative Findings. In order to approve an application for a Sign Permit, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1. 1.
   Purpose. Sound future development of the City requires that development receives site plan review and approval. The purpose of a Site Plan is to demonstrate that the proposal meets the standards contained in this UDC.  prior to obtaining a Building Permit.
2. 2.
   Applicability. In addition to the applicable required procedures in Division 9.200, Standard Review Procedures, the specific procedural provisions of this Section shall apply to any proposals requiring a Building Permit in accordance with Sec. 9.302, Building Permit. No zoning certificate, subdivision plat, or building permit shall be issued or approved and no structure or use for residential or non-residential uses except in conformity with a site plan meeting the requirements of this UDC and approved by the Administrator. 

1. 1.
   Purpose. The purpose of a Limited Use Review is to determine whether the applicable standards for a limited use have been met.
2. 2.
   Applicability. In addition to the applicable required procedures in Division 9.200, Standard Review Procedures, the specific procedural provisions of this Section shall apply to uses denoted as a Limited Use for the relevant zoning district in the use tables in Sec. 2.202, Use Tables.

1. 1.
   Review and Decision. When conducting a Limited Use Review, the review bodies shall consider the applicable common decision criteria in Sec. 9.205, Common Decision Criteria, and applicable standards in Sec. 2.203, Limited Use Standards, compliance with other applicable requirements in the City's Code of Ordinances.
2. 2.
   Affirmative Findings. In order to approve a limited use, the final decision-making body shall make affirmative findings on all of the applicable decision criteria. 

1. 1.
   Recommendation Final Decision. The Administrator shall review and make final decision on Limited Use Reviews, solely If the conditions have been satisfied, the criteria for approval shall be deemed met.
2. 2.
   Report. A report noting all conditions have been met shall be attached to the file on the use's approval.

1. 1.
   Purpose. The purpose of a Temporary Use Permit (TUP) is to ensure that temporary uses and structures comply with the requirements of this UDC and to ensure that they do not become permanent uses or structures. 
2. 2.
   Applicability. In addition to the applicable required procedures in Division 9.200, Standard Review Procedures, the specific procedural provisions of this Section shall apply to uses and structures denoted as a Temporary Use for the relevant zoning district in the use tables in Sec. 2.202, Use Tables.

1. 1.
   Purpose. The Special Use Permit (SUP) is to determine if specific uses should be allowed on a property. 
2. 2.
   Applicability. In addition to the applicable required procedures in Division 9.200, Standard Review Procedures, the specific procedural provisions of this Section shall apply to all uses and structures denoted as a Specific Use for the relevant zoning district in the use tables in Sec. 2.202, Use Tables.

1. 1.
   SUP Standards. All the standards of Sec. 2.204, Special Use Standards, as applied to the proposed special use are met;
2. 2.
   Harmonious and Orderly Development. The nature and intensity of the operations involved in or conducted in connection with it and the size of the site in relation to it are such that the proposed special use will be in harmony with the appropriate and orderly development of the neighborhood in which it is located;
3. 3.
   Nuisances. Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, or other characteristics than would the operations of any permitted use not requiring special use approval;
4. 4.
   Parking Areas. Parking areas will comply with the off-street parking regulations of this UDC and will be adequately and appropriately screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety;
5. 5.
   Access. The road system providing access to the proposed special use is adequate to serve the site for the intended use; and
6. 6.
   No More Appropriate Sites. There are not sites zoned for the Special Use by right that could serve the same purpose. The Planning and Zoning Commission may require evidence that there are not more appropriate sites for the proposed special use.

1. 1.
   Purpose. The purpose of a Text Amendment is to change the text of this Code. 
2. 2.
   Applicability. In addition to the applicable required procedures in Division 9.200, Standard Review Procedures, the specific procedural provisions of this Section shall apply to Text Amendments. 

1. 1.
   Legal Description. The ordinance shall include a legal description of the area rezoned and a map of the same;
2. 2.
   Record. The City Clerk will maintain a record of all ordinances that change the zoning classification of real property; and
3. 3.
   Map Update. The Administrator shall update the Official Zoning Map to reflect the new zoning district for the subject property.

1. 1.
   Context, Transitioning, and Buffering. The context of the proposed development relative to adjoining and adjacent development;
2. 2.
   Uses, Scale, and Compatibility. The locations and types of residential and nonresidential land uses and methods to ensure compatibility between the various uses and adjacent properties;
3. 3.
   Density. Maximum gross densities, and general block sizes and lot patterns;
4. 4.
   Bulk. Planned  gross square footages, general lot coverage, and heights of nonresidential uses;
5. 5.
   Transportation. The patterns, functional classifications, and cross-sections of streets within and adjacent to the development, along with the network of pedestrian, bicycle, and public transit improvements;
6. 6.
   Open Space. General locations, means of continuity and connectivity, and the extent of open space to be dedicated for public or private purposes, if such open space is proposed for dedication; and
7. 7.
   Phases. Phases of development.

1. 1.
   Phasing. The development is phased in a manner that assures an adequate mixture of residential and nonresidential land uses and allows for transition from the early phases to completion, relating to the intensity of uses and parking.
2. 2.
   Undeveloped Space. Together with the developed areas, the undeveloped spaces devoted to natural resource preservation, buffering of uses, and for passive and active recreational use are continuous throughout the development and where appropriate may double as stormwater best management practices.
3. 3.
   Streets and Parking. The streets are designed in conformance with Division 5.200, Subdivision Design Standards, and, where appropriate, for multi-modal purposes, including being used as access and transit ways, for on-street parking, and safe use of pedestrians and bicyclists, and the parking is well-distributed and designed to preserve an urban streetscape.
4. 4.
   Walkability. The connections within and between buildings, civic spaces, parking areas, and to the surrounding development; the presence of amenities and other pedestrian improvements; and the proximity of origins and destinations both internal and external to the development are such that walking and bicycling are safe and viable modes of transportation.
5. 5.
   Quality Design. The design of buildings and hardscape and landscape areas help to establish visual interest, aesthetic appeal, and a unique identity for the development, including as key considerations human-scale amenities, integration of civic spaces for public interaction, and protection from the environmental elements.
6. 6.
   Building Form and Massing. The placement, arrangement, size, and relationships of buildings relative to streets, pedestrian and civic spaces, and one another create an urban environment.
7. 7.
   Site Layout. The subject property is laid out in an efficient manner relative to the natural and built environments and designed to achieve the aims of a compact, highly walkable environment. 

1. 1.
   Purpose. Variances are intended to provide relief from the provisions of this UDC in specific, limited circumstances.
2. 2.
   Applicability.  In addition to the applicable required procedures in Division 9.200, Standard Review Procedures, the specific procedural provisions of this Section shall apply only after denial of an Administrative Application.

1. 1.

   Review Criteria. In determining whether to approve, approve with conditions, or deny a Variance, the review bodies shall consider the applicable common decision criteria in Sec. 9.205, Common Decision Criteria, and should not grant a variance unless the following conditions are satisfied: 

   1. a.
      There are extraordinary and exceptional conditions pertaining to the subject property because of its size, shape, or topography that are not applicable to other lands or structures in the same district;
   2. b.
      The need for a Variance or the extraordinary and exceptional conditions do not result from the actions of the applicant;
   3. c.
      Granting the Variance will not confer on the applicant any special privilege that is denied to other lands or structures in the same district;
   4. d.
      A literal interpretation of the provisions of this UDC would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located;
   5. e.
      Granting of the Variance will be in harmony with the general purpose and intent of this UDC and will not be injurious to the neighborhood or otherwise detrimental to the public welfare;
   6. f.
      The Variance requested is the minimum variance that will make possible a permitted use of the land, building, or structure;
   7. g.
      The Variance will not permit a use of land, building, or structure that is not otherwise permitted in the applicable district;
   8. h.
      The Variance will not permit an intensity of use of land that is not permitted in the applicable district; and
   9. i.
      The Variance is consistent with the City's Comprehensive Plan.
2. 2.
   Affirmative Findings. In order to approve an application for a Variance, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1. 1.
   ​​​​Application. In addition to requirements in Sec. 9.202, Application Submittal. Telecommunication Tower applications shall include the following substantive information:

   1. a.
      The name, address, and telephone number of the applicant and the applicant's agent, if any. Identification of the entities providing the back-haul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality;
   2. b.
      A deed and legal description of the property;
   3. c.
      Verification of compliance with FCC and FAA regulations and, if applicable, any other federal or state agencies;
   4. d.
      A notarized statement by the applicant and a sealed set of plans by a professional engineer confirming the construction of the tower will accommodate co-location of the additional antennas for future users;
   5. e.
      Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer. Such an engineer shall certify that the tower or antenna will be structurally sound and will comply with all applicable building and other construction code requirements;
   6. f.
      A description of the suitability of the use of existing towers, other structures, or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower;
   7. g.
      A description of the feasible location(s) of future towers or antennas within the City based on existing physical, engineering, technological, or geographical limitations in the event the proposed tower is erected;
   8. h.
      A notarized statement by the applicant as to whether construction of a tower will accommodate co-location of additional antennas for future users; and
   9. i.
      Site Plan in accordance with Sec. 9.307, Site Plan.
2. 2.
   Review, Recommendation, and Public Hearings. The Administrator shall review the application and make a recommendation to the Planning and Zoning Commission.  A public hearing shall subsequently be held by the Planning and Zoning Commission. The public hearing and public notice shall be provided and conducted in conformance with the procedures set forth in Sec. 9.207, Public Notice and Public Hearings.
3. 3.
   Final Decision. The Planning and Zoning Commission shall approve or deny the Telecommunications Towers application. 
4. 4.
   Timeframe. If the Commission does not hear and decide the application within 60 days after it is filed, then the application is approved.

1. 1.
   Purpose. The purpose of the Appeals process is to provide an opportunity for affected parties to seek review of a decision of a review body in a timely and inexpensive way.
2. 2.
   Applicability. In addition to the applicable required procedures in Division 9.200, Standard Review Procedures, the specific procedural provisions of this Section shall apply to Appeals. 

1. 1.
   Purpose. Floodplain Variances are intended to provide relief from the floodplain provisions of Division 6.100, Flood Damage Prevention in specific, limited circumstances:

   1. a.
      Floodplain Variances may be issued for new construction and substantial improvements to be erected on a lot of half-acre or less in size contiguous to and surrounded by lots with existing structures constructed below the two feet above base flood level.  As the lot size increases beyond the half-acre, the technical justification required for issuing the variance increases;
   2. b.
      Floodplain Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that 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; and
   3. c.
      No Floodplain Variance shall be approved if the request results in any increase in flood levels during base flood discharge within any designated floodway.
2. 2.
   Applicability.  In addition to the applicable required procedures in Division 9.200, Standard Review Procedures, the specific procedural provisions of this Section shall apply only after denial of a Floodplain Development Permit.
3. 3.
   Exception. 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 of this Section.

1. 1.
   Review Criteria. In determining whether to approve, approve with conditions, or deny a Floodplain Variance, the review bodies shall consider the applicable common decision criteria in Sec. 9.205, Common Decision Criteria, and the following:

   1. a.
      The Floodplain Variance requested is the minimum necessary, considering the flood hazard, to afford relief;
   2. b.
      The Floodplain Variance request shows a good and sufficient cause;
   3. c.
      Failure to grant the Floodplain Variance would result in exceptional hardship to the applicant;
   4. d.
      The granting of the Floodplain Variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
2. 2.
   Affirmative Findings. In order to approve an application for a Floodplain Variance, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1. 1.
   Application. In addition to requirements in Sec. 9.202, Application Submittal, An application for a variance shall include the following substantive information:

   1. a.
      The date of the denial of the Floodplain Development Permit and the reason given by the Floodplain Administrator;
   2. b.
      The grounds on which the variance is requested; and
   3. c.
      A statement regarding how the proposed variance meets the standards set out in Subsection 9.504.B, Specific Review Criteria.
2. 2.
   Review, Recommendation, and Public Hearings. The Floodplain Administrator shall make a recommendation to the Planning and Zoning Commission.  A public hearing shall subsequently be held by the Planning and Zoning Commission. The public hearing and public notice shall be provided and conducted in conformance with the procedures set forth in Sec. 9.207, Public Notice and Public Hearings.
3. 3.
   Final Decision. The Planning and Zoning Commission shall approve, approve with conditions, or deny a Floodplain Variance request.
4. 4.
   Conditions of Approval. The Planning and Zoning Commission may require any condition the Commission deems necessary to further the purpose and objectives of Division 6.100, Flood Damage Prevention.

1. 1.
   Authorization.

   1. a.
      An approved Floodplain Variance authorizes a departure from specific requirements of Division 6.100, Flood Damage Prevention to the extent provided in the approval. No building or structure approved by a Floodplain Variance shall be enlarged or extended beyond the limits authorized in the granting of the Floodplain Variance approval.
   2. b.
      Approval of a Floodplain Variance does not directly authorize development if other approvals are also required by this UDC. Therefore development approved by a Floodplain Variance shall not be carried out until the applicant has secured all other development approvals required by this UDC.
2. 2.
   Written Notice. After approval of a Floodplain Variance, the Floodplain Administrator shall give written notice to the applicant that the structure will be permitted to be built with the lowest floor elevation below the 2 feet above 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.
3. 3.
   Record Keeping. The Floodplain Administrator shall maintain a record of all actions involving Floodplain Variances and report them to FEMA upon request.

1. 1.
   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. 9.603, Final Plat.
2. 2.
   Applicability. In addition to the applicable required procedures in Division 9.200, Standard Review Procedures, the specific procedural provisions of this Section shall apply to Preliminary Plats. No final subdivision plat or development plat shall be approved until a preliminary plat is approved pursuant to this Section.

1. 1.
   Application. In addition to requirements in Sec. 9.202, Application Submittal, applications for Preliminary Plat approval shall include the following information:

   1. a.
      The plat shall be drawn to a scale of 100 feet to 1 inch or other appropriate scale. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat;
   2. b.
      Description, by metes and bounds, of the subdivision boundaries;
   3. c.
      Primary control point locations shall be shown. Descriptions and ties to such control points from which all dimensions, angles, bearings, block numbers and similar data are referred shall be shown. Such control point designations shall meet all requirements of the appropriate state laws;
   4. d.
      Subdivision boundary lines should be indicated by heavy lines, and the acreage of the subdivision shown;
   5. e.
      Date of preparation, scale of plat and north arrow;
   6. f.
      Topographic information shall include contour lines;
   7. g.
      All proposed preliminary plats and subdivisions of land within the city and its extraterritorial jurisdiction shall be submitted by the developer to the Planning Department for referral review and comment by the various government departments, Hidalgo County, Rio Grande Valley Gas, Southwestern Bell Telephone Company, Central Power and Light Company or Magic Valley Electric Cooperative, the Hidalgo County Irrigation District in which the proposed subdivision is located, and if applicable, the rural water supplier serving the proposed subdivision; and
   8. h.
      If the ultimate approval sought is subdivision plat approval, the dimensions of the subdivision and of each street, alley, square, park, or other part of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, alley, square, park, or other part.
2. 2.
   Simultaneous Processing. In the case of subdivisions outside the corporate limits of the City, the applicant shall ensure that all required concurrent reviews by the County are conducted.
3. 3.
   Review, Recommendation, and Public Hearings. The Administrator and Development Review Committee shall review the proposed Preliminary Plat as to its compliance with the laws and regulations of the City, the existing street system, and sound engineering practices and shall, within 30 calendar days, submit findings and recommendations to the Planning and Zoning Commission. A public hearing shall subsequently be held by the Planning and Zoning Commission. Such hearings and required public notice shall be provided and conducted in conformance with the procedures set forth in Sec. 9.207, Public Notice and Public Hearings.
4. 4.
   Final Decision. The Planning and Zoning Commission shall study the Preliminary Plat and shall approve, approve with conditions, or disapprove the Preliminary Plat within 30 days after its submission.
5. 5.
   Conditions of Approval.

   1. a.
      Generally. The Planning and Zoning Commission may require any conditions necessary to ensure that the final subdivision plat or development plat will conform to the requirements of this Code. If the preliminary plat conforms to this Code without the establishment of approval conditions, no conditions shall be imposed. 
   2. b.
      Acceptance of Conditions. All conditions and restrictions shall be written and mailed to the applicant within five days of approval by the Planning and Zoning Commission.
6. 6.
   Amendment. All amendments to the Preliminary Plat shall be approved in the same manner as the original preliminary plat.

1. 1.
   Application. In addition to requirements in Sec. 9.202, Application Submittal, applications for Final Plat approval, shall include:

   1. a.
      Ten copies of the proposed Final Plat
   2. b.
      A copy of the approved preliminary plat.
   3. c.
      Engineering drawings for all proposed infrastructure. Engineering drawings shall be prepared by a registered professional engineer.
   4. d.
      Letters from all utility companies that will serve the plat, certifying:

      1. i.
         That they have the capacity to serve the platted land at the required level of service; and
      2. ii.
         That they have approved the locations and widths of any easements that are required for their utilities.
   5. e.
      Any required performance guarantee.
   6. f.
      Surveys and legal descriptions required by this Section shall be prepared by a registered professional land surveyor.
   7. g.
      The plans, profiles, and cross-sections of the required improvements as they have been built so that the City Engineer or designee can certify the improvements.
2. 2.
   Simultaneous Processing. In the case of subdivisions outside the corporate limits of the City, the applicant shall ensure that all required concurrent reviews by the County are conducted. 
3. 3.
   Review, Recommendation, and Final Decision.  The Administrator shall review the final plat with respect to its conformance to the approved preliminary plat and compliance with the City's engineering standards, and within 30 days shall approve or deny the final plat.
4. 4.
   Amendment or Vacation. Approved plats may be amended or vacated as provided in Chapter 212, Texas Local Government Code.

1. 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. 2.
   Applicability. In addition to the applicable required procedures in Division 9.200, Standard Review Procedures, the specific procedural provisions of this Section shall apply to a Vacation of Plat of Record in accordance with Texas Local Government Code (TLGC) Section 212.013.

1. 1.
   Common Ownership. The proprietors of the tract covered by a plat may vacate the plat at any time before any lot in the plat is sold. 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.
2. 2.
   Separate Ownership. If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat.

1. 1.
   No Effect. On the execution and recording of the vacating instrument, the vacated plat has no effect.
2. 2.
   Recording. 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.
3. 3.
   Utilities. The relocation, modification, or abandonment of any utilities or easement preparation shall be the responsibility of the subdivider and shall be provided concurrently with the Vacating Plat. The cost of any such relocation or abandonment shall be borne by the subdivider.

1. 1.
   Purpose. The purpose of a Waiver is to allow relief from the standards Division 5.200, Subdivision Design Standards, which may be considered concurrently with a Preliminary or Final Plat, Minor Plat, or Replat, to address unforeseen circumstances or other difficulties in developing a property under the specific provisions of this UDC.
2. 2.
   Applicability.  In addition to the applicable required procedures in Division 9.200, Standard Review Procedures, the specific procedural provisions of this Section shall apply to Waivers.

1. 1.
   Review and Criteria. In determining whether to approve, approve with conditions, or deny a Waiver, the review bodies shall consider the applicable common decision criteria in Sec. 9.205, Common Decision Criteria, and all of the following:

   1. a.
      Strict application of the standard requested to be waived renders platting of the subject property unfeasible. 
   2. b.
      The Waiver requested is the minimum necessary that will make possible platting of the subject property.
      The subdivider has incorporated elements articulated in Division 5.200, Subdivision Design Standards, to compensate for non‐compliance with the standards requested to be waived.
   3. c.
      The reason for the Waiver is based on a minimum of one of the following:

      1. i.
         The particular physical surroundings, shape, or topographical conditions of the subject property; or
      2. ii.
         Achieving alternative compliance with the standard requested to be waived in a manner not contemplated in this UDC.
2. 2.
   Affirmative Findings. In order to approve a Waiver,  the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1. 1.
   Application. In addition to requirements in Sec. 9.202, Application Submittal, an application for a Waiver shall include the following substantive information:

   1. a.
      Description of Waiver being requested including the specific standard(s) in Division 5.200, Subdivision Design Standards from which relief is sought. 
   2. b.
      A statement regarding how the proposed Waiver meets the standards set out in Subsection B, Specific Review Criteria, above.
2. 2.
   ​​​Simultaneous Processing. An application for a Waiver may be processed simultaneously with applications for Minor Plats, Preliminary Plats, Final Plats, or Replats.
3. 3.
   Review, Recommendation, and Public Hearings. The Administrator shall review the Waiver request and make a recommendation to the Planning and Zoning Commission. A public hearing shall subsequently be held by the Planning and Zoning Commission. Such hearings and required public notice shall be provided and conducted in conformance with the procedures set forth in Sec. 9.207, Public Notice and Public Hearings.
4. 4.
   Final Decision. The Planning and Zoning Commission shall approve or deny the Waiver request.

1. 1.
   Property Ownership. Approved Waivers shall bind the development of the specific property regardless of any change in ownership of the property.
2. 2.
   Annotation on Final Plat. Approved Waivers shall be indicated in written or graphic form on the Final Plat prior to recording the approved Final Plat in the office of the applicable County Clerk and Recorder.

1. 1.
   Served by City. All preliminary plats within the City's five-mile extraterritorial jurisdiction that are to be served with city water and wastewater services shall be subject to approval by the Planning and Zoning Commission.
2. 2.
   Not Served by City. All preliminary plats with water and wastewater service from a provider other than the City and outside the City's five mile extraterritorial jurisdiction need only be approved by the Hidalgo County Commissioners Court.