Responsibility for the administration of the provisions of this title shall be vested in the city council, the city plan commission, the planning and inspections department, the zoning board of adjustments, the fire department, the environmental services department, the streets and maintenance department, and the department of public health, in accordance with the provisions of this Code, including the provisions of this title.

(Ord. 16817 § 1, 2008: Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 4, 10-26-2010; Ord. No. 17801, § 1, 6-5-2012, eff. 6-11-2012; Ord. No. 19244, § 1, 10-12-2021)

Sections 20.04.030 through 20.04.100 identify the principal authorities relative to this title of the bodies and agencies identified in this chapter.

(Ord. 16653 § 2 (part), 2007)

Pursuant to this Code, the city council, in addition to the powers and duties identified in this section, shall have final authority, following recommendation by the city plan commission, to approve or disapprove the comprehensive plan, planning area plans, neighborhood plans and designation of historic landmarks. The city council shall also have authority to approve or disapprove changes, amendments development permits and special permits under this title, and to decide upon appeals from actions of the historic landmark commission.

(Ord. 16653 § 2 (part), 2007)

Pursuant to this Code, the city plan commission, in addition to the powers and duties identified herein, shall have authority to make recommendations to the city council on the comprehensive plan, planning area plans, neighborhood plans, historic landmark designations and on changes and amendments, development permits and special permits under this title.

(Ord. 16653 § 2 (part), 2007)

In accordance with Chapter 2.16, the zoning board of adjustment has authority to hear and finally decide appeals and applications for variances and special exceptions. Appeals from the zoning board of adjustment lie directly to the district court.

(Ord. 16653 § 2 (part), 2007)

A.

Pursuant to this Code, the planning division, as provided for by ordinance of the city, serves as an administrative and staff agency responsible to the mayor and city council, to the city plan commission and to the zoning board of adjustment. The planning division and the planning official have authority for processing proposals to change the text and map of this title and for processing master zoning plan applications, site plan approval applications, applications for special permits and zoning board of adjustment applications.

B.

All applications for zoning change or amendment, approval of a master zoning plan or detailed site plan, or for special permit shall be first filed with the executive secretary of the city plan commission, who shall have responsibility for coordination of the staff review process to include, if applicable, submission to the open space advisory board.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17358, § 1, 7-20-2010; Ord. No. 17442, § 5, 10-26-2010)

A.

Pursuant to this Code, the building official and other designees of the city manager serve as the administrative staff responsible for the provision of services and the performance of duties as set forth under this title.

B.

The building official and any other permit official designated by the city manager have authority under this title for all aspects of development applications or permit applications, except traffic and transportation engineering aspects.

C.

All applications for building permits, placement permits, temporary permits, licenses, certificates of occupancy and compliance and certificates of appropriateness shall be filed with the building official or with such other permit official as designated by the city manager.

D.

Applications for building permits, placement permits, temporary permits, licenses and certificates of occupancy and compliance shall require approval of the building official or other permit official as designated by the city manager prior to issuance.

E.

Applications for certificates of appropriateness shall require approval of the historic landmark commission prior to issuance.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 6, 10-26-2010)

Pursuant to this Code, the department of transportation has authority, under the city council, for all traffic and transportation aspects of development applications or permit applications.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 7, 10-26-2010)

Pursuant to this Code, the fire department has authority, under the city council, for all aspects of fire protection.

(Ord. 16653 § 2 (part), 2007)

Pursuant to this Code, the department of public health has authority, under the city council, for all animal regulations and public health aspects of this title.

(Ord. 16817 § 2, 2008: Ord. 16653 § 2 (part), 2007)

Pursuant to this Code, and as herein stated, the city plan commission shall have the authority to formulate and recommend, and the city council shall have the authority to approve a comprehensive plan, including a plan for land use, thoroughfares and other appropriate elements of a plan and providing furthermore that the city plan commission shall have the authority to recommend and the city council shall have authority to approve, detailed plans for planning areas as a guide for public and private land development in the city.

(Ord. 16653 § 2 (part), 2007)

The regulations in this title shall be in accordance with the comprehensive plan for the city and plans for planning areas and shall be implemented in accordance with the comprehensive plan for the city and the plans for planning areas.

(Ord. 16653 § 2 (part), 2007)

Except as stated herein, a detailed site development plan is required prior to development in a special purpose district or with a special permit application and may be required if a zoning condition exists on a particular piece of property. Detailed site development plans are not required for any projects for development in the Mixed Use District (RMU, GMU and IMU) or for any other projects other than those located in special purpose districts or as otherwise required herein.

(Ord. 16915 § 1, 2008: Ord. 16653 § 2 (part), 2007)

A.

An application for detailed site development plan shall be prepared in accordance with the specifications outlined in Section 20.04.160

B.

The application shall be reviewed by the planning division for completeness and shall not be processed until any missing information is supplied by the applicant and the fee has been received.

C.

Administrative approval. Detailed site development plans meeting the following conditions shall be reviewed and approved by the zoning administrator:

1.

The site is two acres or less in size, and

2.

The site plan contains no more than two buildings, and

3.

The site plan complies with any zoning conditions and all city code provisions, to include the tables for uses and density and dimensional standards and;

4.

The city's department of transportation has no concerns with access or restriction of access to the site; and,

5.

The site plan complies with staff recommendations concerning the location of stormwater drainage structures and easements to include onsite ponding areas; the location and arrangement of structures, vehicular and pedestrian ways; open spaces and landscape planted areas. Staff recommendations shall not require that the site plan have landscaping in excess of what is required under the city code or any zoning condition, or

6.

Any site within the "U-P" Union Plaza District.

If the zoning administrator does not approve an applicant's detailed sited development plan, the applicant may appeal the decision to the city plan commission. The applicant must file the appeal with the zoning administrator within fifteen business days from the date of the zoning administrator's decision. The zoning administrator shall place the appeal on the city plan commission agenda to be heard by the commission within thirty business days from the date the appeal was received. The zoning administrator shall include the detailed site plan, the appeal, and a summary of the zoning administrator's reasons for disapproving the detailed site plan.

D.

City plan commission approval. Pursuant to this Code, the city plan commission, in addition to the powers and duties identified in this chapter, shall have final authority on approval of all other detailed site development plans, unless a zoning condition, contract provision, other city code provision or state law require the detailed site development plan to be approved by city council.

1.

The planning division shall make its recommendations to the city plan commission within thirty days after a complete application is submitted.

2.

The city plan commission shall hold a public hearing at its regular meeting that is within thirty days from receipt of department recommendations.

3.

The commission shall consider the following information when approving a proposed detailed site development plan: the boundaries of the tract proposed for development; location and arrangement of structures; determine if the use conforms to applicable zoning regulations, determine if historic landmark commission approval has been granted for architectural design of all structures if located in a historic district and the design conforms to such approval; location of utility rights-of-way and easements and stormwater drainage; vehicular and pedestrian ways; on-site parking areas; location of open spaces and landscape planted areas.

4.

In no instance shall the city plan commission have authority to vary the yard standards applicable to the district.

5.

The city plan commission shall approve the plan if it complies with all applicable code provisions.

E.

In the event of approval, applicant shall sign an agreement to develop the area in accordance with the approved detailed site development plan.

F.

The approved detailed site development plan and agreement shall be filed with the zoning administrator and the executive secretary to the city plan commission.

G.

Building permits may be issued in conformance with the approved detailed site development plan.

H.

Detailed site development plan approval shall expire if construction is not started within four years from the date of approval.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17640, § 1, 8-30-2011; Ord. No. 17755, § 1, 3-20-2012; Ord. No. 019578, § 2, 12-12-2023)

Detailed site development plan applications shall be submitted in a digital form compatible with the city's system. Paper submittals of application documents shall be assessed the established fee for conversion of paper documents to digital format. The fee for conversion of paper documents to digital format shall be in the amount established by city council in the annual budget resolution, amendments to the budget resolution, or other appropriately adopted resolution or ordinance of the city council. Applications shall at a minimum include the following:

A.

Legal description of area proposed to be developed or metes and bounds description and amount of land included certified by a professional engineer (P.E.) or a registered land surveyor;

B.

The detailed site development plan showing the boundaries of the tract proposed for development; elevations or perspective of the building; location and arrangement, use, dimensions, square footage and height of all structures, including, where applicable; number of dwelling units in multifamily structures and number of bedrooms in each unit; yards, setbacks (number of feet); sidewalks and curb cuts; driveways; stormwater drainage; on-site parking spaces, to include loading and unloading berths; open spaces; landscape planted areas; size, design and location of exterior signs; screening walls; screening of on-site parking facilities;

C.

Stamp or seal and signature of a professional engineer or architect preparing plans;

D.

Proof of ownership (warranty deed, title commitment, etc.);

E.

Tax certificate;

F.

Fee as adopted by city council.

(Ord. 16877 § 1, 2008; Ord. 16653 § 2 (part), 2007)

(Ord. No. 18817, § 1, 7-24-2018; Ord. No. 19244, § 2, 10-12-2021)

A.

Minor modifications to an approved detailed site development plan may be requested in writing by the property owner and approved in writing by the zoning administrator if any of the following apply:

1.

The minor modifications are in substantial conformity (see definition of "substantial conformity") to the approved detailed site development;

2.

The minor modifications represent an improvement in the approved site plan; or

3.

The minor modification is required by a governmental entity.

B.

Changes other than minor modifications shall require new hearings and new approvals in the same manner as for review of the original site development plan.

(Ord. 16653 § 2 (part), 2007)

A.

Master Zoning Plan (MZP).

1.

As part of any zoning application for a mixed use district, a master zoning plan shall be required and shall accompany the application. The MZP shall provide sufficient details necessary about the proposed land uses and proposed development so that the El Paso City Council may determine their compatibility within the proposed district and the impact on the adjacent properties.

As part of the MZP, an application may propose and delineate subdistricts. A subdistrict is a geographic subcomponent of a larger mixed use district. Its purpose is to enable the incremental measurement and reconciliation of maximum dwelling units, density and other data required in the MZP to subsequent development. Where practical, a subdistrict's boundary should be consistent with natural geographic features, reflect man-made transitional barriers (such as roadways), or separate sharp changes in proposed land uses.

2.

While the submittal requirements below reflect the use of subdistricts, their use is not required. Applications not using subdistricts shall be required to submit the same information but aggregated for the entire mixed use district. The MZP shall, at a minimum, include the proposed land uses and locations, as well as the information required below.

3.

Submittal Requirements.

a.

General Data Required for the Mixed Use District.

i.

Legal description of area proposed to be developed or metes and bounds description of district;

ii.

Total acreage as depicted on a survey certified by a registered land surveyor;

iii.

Maximum proposed total number of dwelling units for all residential land uses combined;

iv.

Maximum proposed total floor area for all nonresidential land uses combined, expressed in square feet.

b.

General Data Required for Each Proposed Subdistrict.

i.

Total acreage;

ii.

Maximum proposed total number of dwelling units for all residential land uses combined;

iii.

Maximum proposed floor area for all nonresidential land uses combined, expressed in square feet.

c.

Property Development Regulations Required per Subdistrict by Land Use Type.

i.

Proposed acreages for each proposed land use, including parks, open space, buffer zones, trails and school sites (as applicable);

ii.

Minimum and maximum lot coverages;

iii.

Minimum lot width;

iv.

Minimum lot depth;

v.

Minimum building setbacks:

a)

Front,

b)

Rear,

c)

Cumulative front and rear,

d)

Side-interior,

e)

Side-street,

f)

Cumulative side setbacks,

g)

Garage;

vi.

Maximum building height:

a)

Primary structure(s),

b)

Accessory structure(s);

vii.

Maximum proposed density for each residential land use type expressed in dwelling units pre gross acre of developable land;

viii.

Maximum proposed intensity for each nonresidential land use type expressed in floor area ratio (FAR).

d.

Development Plan Map Requirements.

i.

Overall development boundary, labeled with bearings and distances;

ii.

General arrangement and acreages of existing and proposed land uses including open space;

iii.

Proposed phasing boundaries;

iv.

Layout and relationship of proposed development where adjacent to existing development;

v.

General location and acreages for each proposed park, open space, buffer zone, trails and school site (as applicable), provided that any change in location may be approved administratively by the parks director.

4.

A table or list depicting the proposed acreage for each land use type, park, open space, trail and school site (as applicable) shall accompany the MZP.

5.

A written report shall accompany the MZP that describes the purpose, characteristics, components and timing of the proposed mix of land uses within the development, and includes a general statement of how the development relates to the city's comprehensive plan. A detailed description shall be required for each proposed land use, identifying the permissible uses for any subdistrict within the mixed-use district to determine the compatibility of such uses within the mixed use district.

6.

A phasing schedule shall be submitted with the rezoning application that indicates the proposed phasing of the development, the approximate time frame in which construction and development is expected to begin and the duration of time required for completion of the development.

7.

The application for mixed use zoning, to include the MZP shall be reviewed by the city plan commission (CPC) for recommendation to city council. The CPC may recommend any amendments or conditions to the MZP necessary to minimize incompatibilities between land uses within the development or between land uses and adjacent properties or with the stated purposes of zoning in this title.

8.

As part of the approval and adoption of a mixed use district, the city council shall find that the development will promote compatible buildings and uses, and that such development will be appropriate in area, location and overall planning for the purpose intended, in accordance with the city's comprehensive plan and stated purposes of zoning in this title. The city council, in approving any mixed use district, will also be approving the MZP establishing the required zoning standards within the district. Approval of a mixed use district by city council designates the zoning for the property as stated in the ordinance approving such zoning and as depicted on the MZP. All development of the property, regardless of whether the property changes ownership, shall be in accordance with the master zoning plan.

B.

Amendments to an Approved Master Zoning Plan. An applicant may request amendments to an approved MZP. These amendments shall be delineated as minor or major amendments according to the criteria set forth herein.

1.

Major Amendments.

a.

Any amendment meeting one or more of the criteria listed below or any other proposed change not considered a minor amendment as described below shall require resubmittal, review and approval of a new zoning application to amend the MZP by the CPC and city council. Major amendments shall follow the same procedural and notice requirements required for the initial approval of the MZP, except that the mixed use zoning district designation shall not be revised unless requested by the applicant. If a change within a subdistrict constitutes a major amendment, as defined herein, requiring an amendment to the MZP, the CPC and city council shall review the proposed change for compatibility within the subdistrict and the adjacent subdistricts.

i.

Any change to the overall mixed use district boundary.

ii.

Any change to the approved mix of land use types within a designated subdistrict that increases the nonresidential intensity of development within that subdistrict by ten percent or more of the relevant characteristic(s) of development intensity, provided that the total projected nonresidential development intensity within the entire MZP shall not increase by ten percent of such characteristic(s). For purposes of this section, intensity may be measured by a single characteristic or by multiple characteristics as appropriate to the land use type, including, but not limited to, FAR, parking, and vehicular trips generated.

iii.

Any change to the boundary of a land use within a subdistrict that results in the relocation of ten percent or more of the area of that land use.

iv.

Any change to the boundary of a subdistrict that results in the relocation of ten percent or more of the area of the subdistrict.

v.

An increase of ten percent or more of the originally approved number of projected dwelling units within a designated subdistrict, provided that the total projected dwelling units within the entire MZP shall not increase by ten percent.

vi.

An increase of ten percent or more of the originally approved floor area for nonresidential uses within a designated subdistrict.

vii.

Any reduction to the public or private open space components within a designated subdistrict.

viii.

A twenty percent or greater increase in the height of structures by land use type within a designated subdistrict.

ix.

A ten percent or greater reduction in the originally approved setbacks by land use type within a designated subdistrict.

x.

A five percent or greater increase in lot coverage by structures by land use type within a designated subdistrict.

xi.

Any changes within and/or between subdistricts that, when aggregated result in an increase to one or more of the aforementioned variances for the mixed use districts as a whole.

xii.

Any change which would result in the juxtaposition of incompatible land uses.

b.

Approval of a major amendment may be granted upon a finding that:

i.

The requested amendment is in general conformity with the stated purposes of this section and the purposes of the specific zoning district to which the property is subject to;

ii.

The requested amendment meets all other applicable zoning, building, drainage, water quality, and safety code requirements, and any other applicable law or regulation; and

iii.

The requested amendment will have no significant adverse impact on the health, safety, or general welfare of surrounding property owners or the general public, or such impact will be substantially mitigated.

2.

Minor Amendments. An amendment will be deemed minor if it is a change to the timing or phasing of the proposed development or if it does not involve any one of the foregoing provisions of a major amendment. The minor amendment process is limited in nature and may not be used by the applicant to exceed the numeric variance permitted by subsection (B)(1) above.

a.

Minor amendments shall be submitted in writing to the planning division and accompanied with three copies of the revised MZP. Minor amendments may be acted upon administratively by the planning official, only upon the finding that the amendment meets all of the following requirements:

i.

The requested amendment is in general conformity with the stated purposes of this section and the purposes of the specific zoning district to which the property is subject to;

ii.

The requested amendment meets all other applicable zoning, building, drainage, water quality, and safety code requirements, and any other applicable law or regulation; and

iii.

The requested amendment will have no significant adverse impact on the health, safety, or general welfare of surrounding property owners or the general public, or such impacts will be substantially mitigated.

b.

A decision of the planning official to deny a minor amendment shall be binding. Requests for minor amendments shall be acted upon within fifteen days of the receipt of the written request for amendments.

c.

In no instance shall the planning official approve a minor amendment that results in a change in conditions imposed as part of the zoning ordinance approval, or any subdivision plan, site plan, contract condition or other condition applicable to the property.

d.

Any change in location of parks and trails maybe approved administratively by the parks director.

C.

Reserved.

D.

Incentives.

1.

An applicant with an approved MZP may utilize the alternative subdivision design standards (Title 19, Section 19.26.050), so long as the development is in accordance with the MZP.

2.

Applications under this section shall be processed with priority on a "fast-track" basis, defined as follows:

a.

Processing for mixed use development plans: thirty days;

b.

Processing for an MZP or other application that requires city council approval: approximately sixty days (minimum) for final approval.

3.

The city shall waive application fees for rezoning, mixed use development plans, and any major or minor amendment applications.

E.

Applicability. While ownership of a project may subsequently be transferred, in whole or in part, a MZP shall continue to be implemented and maintained on the total acreage of the mixed use district.

(Ord. 16915 § 2, 2008: Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 8, 10-26-2010; Ord. No. 19244, § 3, 10-12-2021)

A.

The city council may by special permit after hearing and report by the city plan commission authorize the location of the uses subject to special permits identified in the district regulations.

B.

In addition to the development standards identified in this title, city council shall impose such additional conditions and safeguards including those related to architecture, site plan, landscape planting and screening as required to protect the public welfare and to conserve and protect property and property values in the immediate vicinity of the special permit.

C.

Applications for special permits shall be filed with the executive secretary of the city plan commission. The application shall be reviewed by the planning division for completeness and shall not be processed until any missing information is supplied by the applicant and the fee has been received. A complete application shall be scheduled for action by the city plan commission, which shall have forty-five days in which to recommend approval, disapproval or approval with conditions or amendments.

D.

Where disapproval is recommended the procedure shall be concluded unless the applicant within fifteen days of disapproval appeals the recommendation to city council. In the event of such a request the executive secretary of the city plan commission shall forward to the city council a statement of the reasons for disapproval.

E.

Applications for special permits shall include a detailed site development plan that complies with Article III.

F.

Special permits are automatically terminated whenever conditions made a part of them are not complied with, and construction shall stop or occupancy be discontinued until the violation ceases.

(Ord. 16877 § 2, 2008; Ord. 16653 § 2 (part), 2007; Ord. No. 19244, § 4, 10-12-2021)

A.

A planned residential development shall occupy at least the minimum site area established in the district regulations. City council may approve a special permit for a planned residential development with general lot sizes and setbacks below the minimum of the underlying zoning district when Section 20.04.320(D) requirements have been met. The proposed development shall additionally meet the following requirements necessary to protect the public health, safety and general welfare of the community.

B.

Where permitted in a district, and in order to foster the attractiveness of a residential development and its surrounding neighborhoods, a planned residential development may be established based on the following criteria:

1.

Evaluation Criteria.

a.

Proposed buildings shall be sited harmoniously to the terrain and to other buildings in the vicinity that have a visual relationship to the proposed buildings. For purposes of this subsection, harmoniously shall not be deemed to require that the same architecture or same type of building materials be uniformly used.

b.

With respect to vehicular and pedestrian circulation and parking, special attention shall be given to the location and number of access points to public streets, width of interior drives and access points, relationship of vehicular and pedestrian traffic, and the arrangement of parking areas that are safe and convenient.

2.

General Requirements.

a.

Private streets and gates shall be permitted within a planned residential development and shall conform to the design standards enumerated in Title 19 (Subdivisions) of the El Paso City Code.

b.

The minimum site area for a planned residential development shall be one acre, within which only residential uses of the base-zoning district shall be permitted. Extensions to a planned residential development from a common boundary shall be permitted in increments of less than one acre.

c.

The minimum area requirement of the base-zoning district may be reduced by no more than twenty-five percent for lots within a planned residential development; provided, however, that the maximum density permitted by the base-zoning district shall apply in all cases except as otherwise approved by any applicable special permit granted pursuant to Section 20.12.040(B).

d.

The setback requirements of the base-zoning district shall not apply to a planned residential development, except as follows:

1.

The distance between buildings shall be a minimum of ten feet except as otherwise permitted in this title;

2.

The length of the driveway shall not be less than twenty feet as measured from the face of the garage or carport to the dwelling side of the sidewalk, or to the property line where there is no sidewalk.

e.

The perimeter of the planned residential development shall be designed to insure compatibility with adjacent existing or potential development by provision of compatible uses and structures.

f.

No building shall exceed the height requirements of the base-zoning district.

g.

Consideration in the site plan review and evaluation process shall include the following:

1.

The nature and character of the development and adequacy of the buffer between proposed improvements on the site and adjacent property;

2.

The adequacy of utilities, access, drainage and other necessary supporting facilities that have been or will be provided;

3.

The adequacy of the design, location and arrangement of driveways and parking spaces so as to provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.

h.

A planned residential development shall be an architecturally integrated subdivision, whether unified by similar use and density, design, building materials, or open space and streetscape elements.

(Ord. 16653 § 2 (part), 2007)

The maximum number of dwelling units that may be permitted shall be obtained by dividing the site area by the minimum lot area required in the underlying district per dwelling unit. The minimum lot area is used only as a factor for calculating density and is not intended to require minimum lot size standards. This number may be increased by application of the density incentives found in Chapter 20.12 of this title.

(Ord. 16653 § 2 (part), 2007)

Lands reserved for parks, recreation and permanent open space may be included in the site area for the purpose of density calculations as may one-half of any area dedicated for public school purposes. Other permitted nonresidential uses may be incorporated in the plan, but may not be a part of the site area for the purpose of density calculations.

(Ord. 16653 § 2 (part), 2007)

A.

Where a planned residential development includes more than one hundred acres, a maximum five percent of the total site area may be used for those commercial uses that would serve the planned development.

B.

Where a planned residential development includes more than one thousand acres, a maximum five percent of the total site area may be used for commercial purposes and a maximum of ten percent of the total area may be used for industrial purposes.

C.

Where commercial or industrial uses are incorporated in the planned residential development, council approval shall include appropriate amendments to the zoning map and may require that construction of commercial and industrial uses not be started until twenty-five percent of all of the residential units are occupied.

(Ord. 16653 § 2 (part), 2007)

Special permits shall be valid only when all conditions of the permit are complied with. Failure to comply with all conditions under which a special permit has been issued shall constitute an offense which shall be punishable as provided in Chapter 20.24 of this title. Failure to comply with all conditions under which a special permit has been issued shall also constitute grounds for suspension of building and occupancy permits upon written notice from the building official.

(Ord. 16653 § 2 (part), 2007)

A.

Building and occupancy permits shall not be issued to any building or use identified in this title as requiring a special permit until after approval of such special permit by the city council.

B.

Building and occupancy permits shall not be issued for any building or use identified in this title as requiring an approved detailed site development plan as required by Article III, until such approval has been granted.

C.

No building or occupancy permit may be granted for the erection, rehabilitation, enlargement or demolition of any building in a designated historic area or for any building that is a designated historic landmark until prior approval has been granted by the historic landmark commission.

D.

The city council, after hearing and report by the city plan commission, may approve a special permit upon find that the proposed development meets the following minimum requirements necessary to protect the public health, safety and general welfare of the community:

1.

The proposed development complies, except to the extent waived, varied or modified pursuant to the provisions of this title, with all of the standards and conditions applicable in the zoning district in which it is proposed to be located; complies with any special standard applicable to the particular type of development being proposed, or to the particular area in which the development is proposed; complies with any special approvals required in connection with such development or area;

2.

The proposed development is in accordance with and in furtherance of the comprehensive plan, any special neighborhood plans or policies adopted by the city regarding the development area, or any approved concept plan;

3.

The proposed development is adequately served by and will not impose an undue burden upon the public improvements and rights-of-way by which it will be served or benefited, or which exist or are planned for installation within its boundaries or their immediate vicinity. A traffic impact study may be required to determine the effects of the proposed development on the public rights-of-way;

4.

Any impacts of the proposed development on adjacent property are adequately mitigated with the design, proposed construction and phasing of the site development;

5.

The design of the proposed development mitigates substantial environmental problems;

6.

The proposed development provides adequate landscaping and/or screening where needed to reduce visibility to adjacent uses;

7.

The proposed development is compatible with adjacent structures and uses;

8.

The proposed development is not materially detrimental to the enjoyment or valuation of the property adjacent to the site.

E.

The applicant may request that the city plan commission waive one or more of the criteria based on its nonapplicability to the proposed development. The city plan commission, upon a recommendation of the planning official, shall make a determination on the nonapplicability of the criteria and shall render a finding based on such determination, and shall forward their recommendation to city council for final review and approval.

(Ord. 16653 § 2 (part), 2007; Ord. No. 17442, § 9, 10-26-2010; Ord. No. 19244, § 5, 10-12-2021)

The city council on its own motion or on request may amend, supplement or change by ordinance, the boundaries of the districts or the regulations herein established.

(Ord. 16653 § 2 (part), 2007)

Public proposals for amendment of the zoning regulations may be made by the city plan commission, board of adjustment or any other public agency or official.

(Ord. 16653 § 2 (part), 2007)

Private requests for amendments to the zoning map may be made by an owner of property. A contract to purchase real estate shall not enable a person to request an amendment.

(Ord. 16653 § 2 (part), 2007)

A.

Application forms for proposals and requests shall be provided by the planning official and, when completed, shall be filed with the executive secretary of the city plan commission. The application shall be reviewed by the planning division for completeness and shall not be processed until any missing information is supplied by the applicant and the fee has been received.

B.

Reserved.

C.

The fee required by this section and Section 20.04.410 of this chapter, and established by the city council in accordance with Section 20.04.800 of this chapter, shall not be required for an application submitted by a property owner for the sole purpose of designating the property with a historic "H" overlay.

(Ord. 16877 § 3, 2008: Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 10, 10-26-2010; Ord. No. 19244, § 6, 10-12-2021)

Application documents shall be submitted in a digital form compatible with the city's system. Paper submittals of application documents shall be assessed the established fee for conversion of paper documents to digital format. The fee for conversion of paper documents to digital format shall be in the amount established by city council in the annual budget resolution, amendments to the budget resolution, or other appropriately adopted resolution or ordinance of the city council. The application shall at a minimum contain the following:

A.

One copy of the zoning map, outlining in red the area proposed for change of zoning.

B.

Where land proposed for rezoning is vacant or unused land, a generalized site plan showing the general features or concept of development.

C.

Where land proposed for rezoning is occupied by a building(s), or use(s), a detailed site development plan shall be required in accordance with Section 20.04.160(B).

D.

The lettering shall be so placed on the plans so as to be read from the bottom or from the right-hand side of the sheet, and the north point shall be directed away from the reader.

E.

Proof of notice of proposed application to any recognized neighborhood association required to receive notice pursuant to Chapter 2.102 of this Code.

F.

A traffic impact analysis may be required, at the rezoning stage of the development, if the property is being rezoned to a more intense use or to a use that has the potential to increase the traffic impact on the adjacent traffic infrastructure. A traffic impact analysis shall be required at the rezoning phase, if such increase in intensity of use meets the applicability standards as set forth in Section 19.18.010(B) of this Code.

(Ord. 16906 § 1, 2008; Ord. 16653 § 2 (part), 2007)

(Ord. No. 18652, § 1, 3-21-2017; Ord. No. 18817, § 2, 7-24-2018)

A.

All proposals and requests for changes and amendments shall be referred to the city plan commission for report and recommendation. Upon receipt of a proposal or request for change and amendment, the executive secretary shall notify the property owner or the applicant of whether or not the proposal or application is complete and whether or not it conforms with the comprehensive plan.

B.

Failure to complete an application in satisfactory form within three months shall result in dismissal of such application.

(Ord. 16653 § 2 (part), 2007)

A.

The planning official shall schedule a public hearing before the city plan commission not less than fifteen days and not more than forty-five days from receipt of complete proposal or application with payment of fee. Notice shall be sent by mail to owners of all property within three hundred feet of the property to be rezoned, not less than ten days nor more than thirty days in advance of the hearing. Notice shall include the time, place and purpose of such a hearing.

B.

Where the change does not amend the district map and is a general change in the text of the regulations, or the comprehensive plan, notice shall be posted as required by state law.

(Ord. 16653 § 2 (part), 2007; Ord. No. 17442, § 11, 10-26-2010; Ord. No. 19244, § 7, 10-12-2021)

Applications for public hearing shall be accompanied by a filing fee to defray the costs of publication, the giving of notices, and the general expenses in connection with processing of the application.

(Ord. 16653 § 2 (part), 2007)

Once notices for a public hearing have been sent and/or posted, the hearing shall be held unless the applicant withdraws his application in which event no request for the same or similar change shall be accepted for one year at which time a new application including payment of new fees may be filed. No fees are to be refunded in the event of a withdrawal.

(Ord. 16653 § 2 (part), 2007)

A.

A report on the commission's recommendation and merits of the proposal and requested change shall be forwarded for introduction to city council within sixty days from the date of the commission's final consideration.

1.

Extension. An applicant may request the city manager or designee to extend the sixty day introduction period requirement for an additional sixty days. The request must be in writing and must be submitted prior to expiration of the initial sixty day prescribed period. In the event the application is not forwarded to city council by the end of the extended prescribed period, the application shall expire and a new application and fee shall be required in order to re-submit the application to the city plan commission.

B.

The commission may recommend approval, approval with modification, or disapproval.

C.

The report of the commission shall include the relation of the proposed change to the city's comprehensive plan, and the effect upon the natural environment, and upon its surrounding neighborhood and the city as a whole.

D.

In the event of recommendation for disapproval by the city plan commission, the procedure shall be concluded unless the applicant within fifteen days of the city plan commission recommendation appeals the recommendation to the city council. In the event of such an appeal, the executive secretary shall forward the application and appeal to the city council for introduction within thirty days of the request for appeal along with a statement giving the city plan commission's reasons for recommending disapproval.

1.

Extension. At the request of the applicant, the thirty day prescribed period to forward the appeal to city council for introduction may be extended by the city manager or designee for an additional thirty days. The request shall be in writing and shall be submitted prior to expiration of the initial thirty-day prescribed period. In the event the appeal is not forwarded to city council for introduction by the end of the extended prescribed period, the procedure shall be concluded.

(Ord. 16653 § 2 (part), 2007; Ord. No. 18817, § 3, 7-24-2018; Ord. No. 19244, § 8, 10-12-2021)

Where the commission recommends a modification of the request, transmission of the report of the commission to the city council shall not take place until accompanied by a letter from the applicant indicating his acceptance of, or refusal to accept, the modifications recommended by the commission.

(Ord. 16653 § 2 (part), 2007)

A.

The city council after public hearing notice as required by state law may enact the change or amendment with or without modification and may follow the recommendations of the city plan commission by majority vote.

B.

A majority vote of all members of the city council is required to overrule a recommendation of the city plan commission that an application for amendment of the ordinance be denied. Any decisions by the city council shall set forth the reasons for their action.

(Ord. 16653 § 2 (part), 2007)

In case of a protest, the procedure outlined in and the law set out in Section 211.006(d) of the Texas Local Government Code, 2006 Edition and as amended, shall be applicable.

(Ord. 16653 § 2 (part), 2007)

No application for change of zoning for a given property may be resubmitted within twelve months from date of action by the commission or council, whichever is later, unless the commission finds that a substantial change in conditions has occurred.

(Ord. 16653 § 2 (part), 2007)

A.

If an applicant fails to appear or be represented at the time his case is scheduled for hearing before the commission or the council, as the case may, in the discretion of the body holding the hearing, be postponed to a definite date, or may be heard without the applicant's presence or representation. If the applicant fails to appear or be represented at the postponed hearing his case may be automatically dismissed for want of prosecution. Before the date of the postponed hearing the applicant may ask for an extension of time, and the body before which the postponed hearing is to be held, may, if convinced that the delay requested is unavoidable and not due to the applicant's fault, extend the date of the postponed hearing by not more than sixty days.

B.

After a case is dismissed for want of prosecution the applicant cannot again apply for rezoning of the same property or any part thereof without filing a new application. All the procedures (including fees, notices and hearings) will apply as in the case of an original application; and the new application cannot be filed in less than twelve months from the date of dismissal, unless the commission finds that a substantial change in conditions has occurred since that date.

(Ord. 16653 § 2 (part), 2007)

All public hearings required by this chapter shall be conducted in accordance with the requirements of this article.

(Ord. 16653 § 2 (part), 2007)

All applications requiring a public hearing before the city plan commission or zoning board of adjustment shall be scheduled on a first-come, first-served basis, unless otherwise authorized by the chairman of the commission or majority vote of the board, as applicable.

(Ord. 16653 § 2 (part), 2007)

Where a public hearing is required by State law, notice shall be given in the manner specified below:

A.

Content of Notice. Required mailed notices and notices by publication shall include the date, time, and place of the hearing, a description of the subject matter of the hearing and the body holding the hearing. The mailed notices shall be in the form of a standard letter or a postcard and shall include the information in both English and Spanish. The postcard shall be a minimum size of 5.5 inches by 8.5 inches. Required on-site posting of notice shall be as specified in subsection B.2.d. of this section.

B.

Provision of Notice. Notice will be given in the following manner and as per Chapter 2.102 of this Code, as applicable:

1.

In all cases, by mail to the applicant, or owner of the property that is subject of the application, if different;

2.

On applications for special permits, amendments to zoning conditions and amendments to the district map, additional notice shall be given as follows:

a.

Notice of hearing before the city plan commission shall be given to all owners of real property by mail, as indicated by the most recently approved municipal tax roll within three hundred feet of the lot line of the subject property.

i.

In addition to notice given to the owners of the real property within three hundred feet of the lot line of the subject property, if a multifamily dwelling is located on any parcel of real property within the three hundred feet of the lot line of the subject property, notice shall be provided to the property manager of the multifamily dwelling.

b.

When applications for special permits, amendments to zoning conditions, and amendments to the district map involve a personal wireless service facility (PWSF) or public utility facility, notice of hearing before the city plan commission shall be given by mail to all owners of real property, as indicated by the most recently approved municipal tax roll within five hundred feet of the lot line of the subject property.

i.

In addition to notice given to the owners of the real property within five hundred feet of the lot line of the subject property, if a multifamily dwelling unit is located on any parcel of real property within the five hundred feet of the lot line of the subject property, notice shall be provided to the property manager of the multifamily dwelling.

ii.

The applicant for a special permit, an amendment to zoning conditions, or an amendment to the district map involving a public utility facility is responsible for providing the required notice and for all costs of providing the required notice. The applicant shall provide written documentation to the city that the required notices have been provided unless the applicant has requested that the city provide the notices of the hearing and reimburses the city for all its expenses upon receipt of a city invoice.

c.

Notice of hearing before the city council shall be given as follows:

i.

On first reading—by publication in a newspaper of general circulation in the city not less than fifteen days prior to the day of the public hearing and posted in accordance with provisions of Chapter 551 of the Texas Government Code (the Texas Open Meetings Act).

ii.

The published notice shall contain:

1.

The name of the property owner(s) requesting the special permits, amendments to zoning conditions, or amendments to the district map;

2.

The legal description of the property or the physical address assigned to the property; if no address has been assigned, the notice shall contain the name and block number of the street(s), if any, abutting the property for which the special permit, amendment to zoning conditions, or amendment to the district map has been requested, and

3.

An electronic link on the city's website containing the city council agendas at which the application will be introduced and the identified public hearing date at which the application will be considered.

d.

On-site posting of notice by an applicant is required for parcels of one acre or more in size. The on-site posting of notice shall comply with the following:

i.

Location. The notice should be placed on the proposed site so that it is clearly visible and legible from each right-of-way abutting the property.

1.

The sign(s) shall be placed perpendicular to the street frontage and be double sided.

2.

One sign per right-of-way shall be required. However, if a property identified in an application is separated by a right-of-way, on-site postings shall be required on each side of the property divided by the right-of-way.

3.

Required signage shall be made of durable material. Signage shall be properly anchored to the ground with at least two posts, a building, a fence, or a wall. The top of the text portion of such signage shall be a minimum of five feet above ground.

ii.

Duration of Posting. On-site posting shall be continuous until final city council action on the application. Posting shall commence at least fifteen days prior to the date of the first public hearing at the city plan commission. The applicant shall provide a digital or printed photograph to the city showing that all required signage has been properly placed on the property. Failure to provide such photograph proving compliance with signage requirements shall result in postponement of the application until such time as a photograph is received. Any sign required by this provision shall be removed no later than ten days after final action on the application. Posting is continuous so long as lost, stolen, or vandalized signage is replaced within five days following the mailing of a letter to the applicant by the city notifying the applicant that the sign has been lost, stolen, or vandalized.

iii.

Size and Content. A sign area with a minimum width of eight feet and a minimum height of four feet shall be required. The sign shall provide a caption stating "Location of Proposed Rezoning (or other type of application). Public Hearings are Scheduled. Please Call (telephone number provided by the planning official." The caption shall also be provided in Spanish. The caption shall be a minimum of four inch bolded block in black lettering and appear on a light green background.

iv.

Zoning Validity. Any otherwise properly enacted zoning classification shall not be invalidated by failure to comply with these on-site posting requirements.

3.

On applications for amendments to the text of this chapter, notice of hearing before the city plan commission shall be posted in accordance with provisions of Chapter 551 of the Texas Government Code (the Texas Open Meetings Act).

4.

Notice of hearing before the city council shall be as follows:

On first reading—by publication in a newspaper of general circulation in the city not less than fifteen days prior to the day of the public hearing and posted in accordance with provisions of Chapter 551 of the Texas Government Code (the Texas Open Meetings Act);

5.

On appeals or applications to the zoning board of adjustment, notice of time, place and purpose of hearing before the board shall be given by letter or postcard not less than ten days prior to the date of hearing to the owners of real property, as indicated by the most recently approved municipal tax roll within two hundred feet of the area to be considered.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 12, 10-26-2010; Ord. No. 18105, § 1, 12-17-2013; Ord. No. 19016, § 1, 1-7-2020)

Conduct of the hearing shall be in accordance with this Code and the bylaws and regulations of the appropriate hearing body.

(Ord. 16653 § 2 (part), 2007)

A.

Where private streets, common open space or other similar types of property are included as part of a planned development, the applicant shall submit documentation, subject to plan commission approval, for assuring continued retention and perpetual maintenance of common open space and perpetual maintenance and repair of private streets by restrictive covenants, deed restrictions or other methods.

B.

The documentation shall be submitted with the appropriate subdivision plat to the executive secretary of the city plan commission, who shall coordinate the review with the appropriate city agencies and other agencies, advise the applicant of findings, and submit, with the overall application to the city plan commission for their review and approval.

C.

The approved documents, embodying restrictive covenants, deed restrictions, or other methods of giving such assurance shall be filed for record as a part of the approved subdivision plat or approved development permit.

D.

All private streets and shall meet the standards and requirements set forth in Section 19.15.150 of this Code.

(Ord. 16907 § 1, 2008; Ord. 16653 § 2 (part), 2007)

Where authorized by the commission in approving a subdivision plat, streets may be permitted to remain in private ownership provided they meet standards contained in the subdivision ordinance for design and construction of streets, taking into consideration the needs of the project and adjacent uses, and are approved by the director of the city development department or other designee of the city manager.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 13, 10-26-2010; Ord. No. 17801, § 2, 6-5-2012, eff. 6-11-2012)

The right-of-way and pavement widths for internal ways, streets and alleys serving the development shall be determined from standards contained in the subdivision ordinance and in conformity with the estimated needs of the full development proposed and the traffic to be generated thereby, and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of firefighting equipment and police vehicles.

(Ord. 16653 § 2 (part), 2007)

A.

All applications for a building permit shall require conformity with all relevant provisions of this Code.

B.

The city engineer or the building official may require construction or reconstruction of sidewalks, curbs and gutters or street surfacing prior to issuance of a building permit or as a part of the issuance of the permit.

C.

No building permit lawfully issued prior to the effective date of the ordinance codified herein, or of any amendment hereto, and which permit is in full force and effect at said date, shall be invalidated by the passage of the ordinance codified herein, or any such amendment, but shall remain a valid permit, subject only to its own terms and provisions and ordinances, rules and regulations pertaining thereto, and in effect at the time of the issuance of such permit; provided, that all such permits shall expire on the effective date of the ordinance codified herein, unless actual construction shall have heretofore begun and continued pursuant to the terms of the permit.

D.

Whenever application for a building permit or certificate of occupancy is made for a use other than those specifically named as permitted uses, but being of a similar type of operation as those named, the zoning administrator shall have the authority, pursuant to Section 20.04.555, to make a determination as to whether or not the proposed use shall be permitted in the district.

(Ord. 16653 § 2 (part), 2007)

A.

All applications for building permits shall comply with provisions of Title 18 of this Code.

B.

The drawings shall contain suitable notations indicating the proposed use of all land and buildings, including the number of families or dwelling units or rental units proposed.

C.

A record of the original copy of such applications and plans shall be kept as provided in Title 18 of this Code. In a particular case, the building official may waive the requirement for plans when such plan is clearly unnecessary to a decision or the record on the case.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17235, § 2, 11-10-2009; Ord. No. 17442, § 14, 10-26-2010)

Permits for placement of manufactured homes or trailers shall comply with Section 18.02.103.4 of the Building Code.

(Ord. 16653 § 2 (part), 2007)

No alterations or changes shall be made to any designated historic landmark without the owner or owners first having obtained a certificate of appropriateness; nor shall any designated historic landmark be removed or demolished without a certificate of removal or demolition.

(Ord. 16653 § 2 (part), 2007)

A temporary permit shall be required for temporary signs, construction operating facilities and machinery, for real estate offices that are accessory to a land development project, for accessory and nonaccessory tents and temporary structures, amusement facilities and for any other temporary use.

(Ord. 16653 § 2 (part), 2007)

A temporary special permit shall be required for storage of explosives.

(Ord. 16653 § 2 (part), 2007)

Except as permitted in this title, a special privilege license shall be required for all signs located in public rights-of-way.

(Ord. 16653 § 2 (part), 2007)

A.

No vacant land shall be occupied or used, other than as authorized by a temporary permit, except for agricultural uses associated with the conduct of a farm, until a certificate of occupancy shall have been issued by the building official.

B.

Certificates of occupancy and compliance shall be issued pursuant to provisions of Title 18 of this Code. The building official shall keep a record of all certificates.

C.

A certificate of occupancy may be issued for a part of a proposed building or development or section thereof completed in accord with the terms of this Code even though the entire building or development or section thereof has not been completed.

D.

A certificate of occupancy shall be required for all nonconforming uses or structures in accordance with provisions in Section 20.22.070 of this title.

1.

In cases where the city officially notifies an owner or owners that a nonconforming condition exists, an application shall be required to be filed within twelve months of the date on which the official notice was received. Notification of a nonconforming use or structure shall be made by the zoning administrator or a duly appointed representative. Failure to apply for a certificate of occupancy within such twelve-month period shall terminate the right to operate such nonconforming use or structure. The requirement for submittal of affidavits and plans as previously described shall also apply.

2.

Upon issuance of a certificate of occupancy for a nonconforming use or structure, the use or structure shall be deemed as legal nonconforming.

E.

The building official may issue a temporary and contingent certificate of occupancy and compliance for a period not to exceed six months where, because of the unusual nature of the use, a trial period of operation is in his opinion the most appropriate way to determine actual compliance with the terms of the ordinance codified herein.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17235, § 2, 11-10-2009; Ord. No. 17442, § 15, 10-26-2010)

When provisions of the ordinance codified herein require an agreement to construct certain improvements in order to obtain a building permit, the city council may require a bond in a form acceptable to the city attorney and in an amount approved by the building official enabling the city to construct the improvement or complete the construction in the event the project or part of the project is abandoned by an applicant.

(Ord. 16653 § 2 (part), 2007)

A.

Fees required under this title shall be as adopted from time to time by the city council. Such fees shall be to defray the costs of review by appropriate city departments of such requests and applications, and for other administration and processing costs.

B.

Copies of all fees adopted by city council under this title shall be displayed at the offices of the zoning administrator, the executive secretary of the zoning board of adjustment, and the executive secretary of the city plan commission.

(Ord. 16653 § 2 (part), 2007)

A.

The fees for processing of zoning verification requests shall be as adopted by city council.

B.

The applicant for a zoning verification shall submit a written request to the zoning administrator giving an accurate legal description of the property, an address of the property, if known, and the proposed use of the property. The applicant shall pay the required fee to the city cashier at the time of submission of such request. Such fees shall be to defray the costs of administrating and processing such requests.

(Ord. 16653 § 2 (part), 2007)

A.

The city council shall adopt a fee for processing applications for home occupation licenses and annual renewals.

B.

The applicant for a home occupation license shall, at the time of submission of the application, pay the required fee to the city cashier. A penalty for late submittal of the home occupation license renewal shall result in a late fee of twenty percent of the renewal fee to be paid in addition to the renewal fee as provided in this section.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17235, § 2, 11-10-2009; Ord. No. 17442, § 16, 10-26-2010)

A.

Pursuant to Chapter 20.16, the city council shall adopt a processing fee for requests to erect screening walls above six feet in height, and no greater than eight feet in height, on private property abutting any city property, including public accessways and drainage channels.

B.

The applicant shall submit to the zoning administrator a written request for approval of such a screening wall. The request shall specify the address and legal description of the affected property, and shall be accompanied with three copies of an accurately drawn site plan showing the location of the proposed wall. The fee shall be paid to the city cashier through the office of the zoning administrator when such request is submitted.

(Ord. 16653 § 2 (part), 2007)

A.

Pursuant to Chapter 20.16, the city council shall adopt a processing fee for requests to waive or amend the requirement for a mandatory six-foot high masonry wall when topographic conditions or common recreational areas negate the visual screening effect of the wall.

B.

The applicant shall submit to the zoning administrator a written request that the requirement be waived or amended stating the reasons for such request. The request shall specify the address and legal description of the affected property, and shall be accompanied with three copies of an accurately drawn site plan showing the location of the request. The fee shall be paid to the city cashier through the office of the zoning administrator when such request is submitted.

(Ord. 16653 § 2 (part), 2007)

A.

Prior to applying for a building permit or certificate of occupancy, the applicant may request a classification of use from the zoning administrator. The request shall be submitted in writing and shall accurately describe the intended use including, but not limited to, identifying all structures, facilities and equipment needed to carry out the activities of the intended use. The zoning administrator may request additional information from the applicant to appropriately classify the use. (See Section 20.08.040 for classification of new or unlisted uses.)

B.

The request for classification of a use shall be accompanied by a processing fee as adopted by city council and shall be paid to the city cashier at the time of submission of such request. Such fees shall be to defray the costs of researching, processing and maintaining records of such requests.

(Ord. 16653 § 2 (part), 2007)

A.

It shall be the duty of the planning official and such other employees as are appointed by the city manager to interpret the provisions of this title.

B.

The director of the planning and inspections department, the building official, employees of the code enforcement division, and other enforcing officers as defined or designated by the city manager, constitute authorized city officials and are authorized to enforce the provisions of this title, issue citations for violations of this title, and take all other actions authorized by this Code relating to the matters regulated under this title.

C.

The employees designated in this section are authorized to make inspections of any property necessary to enforce the provisions of this title, as further provided in this Code.

(Ord. 16653 § 2 (part), 2007; Ord. No. 17442, § 17, 10-26-2010; Ord. No. 17801, § 3, 6-5-2012, eff. 6-11-2012; Ord. No. 19244, § 9, 10-12-2021)