Freeport City Zoning Code

155.1000 APPLICATIONS

REVIEW, AND NOTICE

§ 155.1001 PRE-APPLICATION CONFERENCE

(A)

Purpose. The purpose of a pre-application conference is to familiarize the applicant with the submittal requirements and review procedures, including all applicable standards and any known constraints, hazards, or special conditions associated with the subject property.

(B)

Recommended Step in the Process. Pre-application conferences are not required, however they are recommended especially for first-time applicants who may not be aware of the specifics of the City's land development process.

(C)

Submittals. The Administrator may request that the applicant provide additional materials at the time of application submittal than those discussed or submitted to the Administrator during the pre-application conference. The rules governing

(D)

Disclaimer. Outcomes of the pre-application conference shall not imply, in whole or in part, any final decision on the application.

(E)

Continuing Review Process. After the pre-application conference has occurred, applications that require such a conference may subsequently undergo the processes established in §155.1002, Filing of Application.

Effective on: 1/10/2022

§ 155.1002 FILING OF APPLICATION

(A)

Generally. Every application for development approval required by this Chapter be submitted on a form approved by the responsible official, along with the corresponding application fee.

(B)

Authorization to Initiate an Application. Table 155.1002-1, Application Authorization, denotes those who are authorized to initiate each of the application types.

Table 155.1002-1 Application Authorization
Application Type	Council or Commission	Property Owner¹	Party Aggrieved by an Administrative Decision¹
Building Permit	No	Yes	No
Certificate of Occupancy and Compliance	No	Yes	No
Specific Use Permit	No	Yes	No
Temporary Use Permit	No	Yes	No
Site Plan	No	Yes	No
Zoning Map Amendment	Yes	Yes	No
Text Amendment	Yes	Yes	No
Zoning Variance	No	Yes	No
Appeals	No	Yes	Yes
TABLE NOTES: "Yes"= Entity may initiate application \| "No" = entity may not initiate application ¹ Including his or her agent

(C)
Forms and Fees. Every application required by this Chapter shall be submitted in a format and in numbers established by the Administrator and shall include a fee as described in §155.206, Fees and Charges.
(D)
Form Updates. The responsible official shall promulgate and periodically revise forms for each type of application required by this Chapter.
(E)
Information Required. Application forms shall include specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the responsible official, and have the purpose of facilitating:
1. (1)
  The evaluation of applications for compliance with the standards of this Chapter; and
2. (2)
  The administration of this Chapter.
(F)
Deadlines. The Administrator may establish periodic application submittal deadlines.

Effective on: 1/10/2022

§ 155.1003 APPLICATION COMPLETENESS

(A)

Completeness Review.

(1)
Administrator Responsibility. The Administrator shall review all development review submittals for completeness.
(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 Chapter.

(B)

Timeline for Review. The completeness review required in subsection (A), shall be accomplished no later than five business days after an applicant submits a potential application.

(C)

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

(1)
The contents of the submittal are accurate or that they comply with the standards of this Chapter;
(2)
The application will receive a positive recommendation or final decision from the applicable administrative body; or
(3)
During the review, additional clarification or information will not be needed.

(D)

Incomplete Applications.

(1)
If the Administrator determines a submittal not to be complete, the Administrator shall:
1. (a)
  Notify the applicant in writing with a list of all missing or incomplete items; and
2. (b)
  Provide 10 business days for the applicant to resubmit the missing or incomplete items.
(2)
If the missing or incomplete items are not submitted within the 10-day period, then the Administrator shall deem the application rejected, shall not accept the application for filing, and shall make the submittal and application fee available to the applicant for retrieval. After the Administrator rejects an application, a new application and fee shall be required if the applicant wishes to apply again.
(3)
Incomplete or rejected applications are not considered "filed" or "submitted" for the purposes of Texas Local Government Code (TLGC) Chapter 212, TLGC Chapter 245, or for any other purpose.

Effective on: 1/10/2022

§ 155.1004 STAFF REVIEW

(A)

Final Decision or Distribution. After completing the process as stated in §155.1004, Application Completeness, the Administrator shall:

(1)
Review and Comment. Review the application and provide comments to the applicant, which may include required revisions;
(2)
Review and Decide. Review and make a final decision on the application; or
(3)
Distribute. Distribute the application to the appropriate administrative body or outside agency, including, but not limited to, utilities and school districts, for recommendation or final decision.

(B)

Required Revisions.

(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 requested changes.
(2)
Resubmittal. Upon receipt of the resubmittal, the Administrator may refer the application to any applicable outside agency 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.

(C)

Administrative Recommendation or Decision. Promptly after submittal of a complete application that addresses the comments provided pursuant to Subsection B above (or, after finding that no revisions are required):

(1)
Administrative Applications. If the application is denoted in Table 155.600-1, Summary of Procedures, as an application with a recommendation or final decision by the Administrator, then the Administrator shall approve, conditionally approve, or deny the application, as appropriate.
(2)
Other Applications. If according to §155.1005, Public Notice, the application requires a public meeting or public hearing prior to a final decision, then the Administrator shall forward a recommendation to the next administrative body who will consider it for further recommendation or final decision.

Effective on: 1/10/2022

§ 155.1005 PUBLIC NOTICE

(A)

Generally.

(1)
Notice by Publication. When required, shall be provided in accordance with the requirements of the Texas Local Government Code (TLGC).
(2)
Notice by Mail. When required, shall be provided to each owner, as indicated by the most recently approved municipal tax roll of real property.

(B)

Applicability. Table 155.1005-1, Required Notice, sets out the specific notice required for each type of application.

Table 155.1005-1 Required Notice
Type of Application	By Mail	By Publication
Site Development Plan	Not Required	Not Required
Building Permit	Not Required	Not Required
Certificate of Occupancy and Compliance	Not Required	Not Required
Temporary Use Permit	Not Required	Not Required
Specific Use Permit	Required	Required
Zoning Map Amendment (Rezoning)	Required	Required¹
Text Amendment	Not Required	Required
Variance	Required	Required
Appeals	Not Required	Required
Table Notes: ¹Zoning Map Amendments require publication at least 15 days prior to hearing.

Table 155.1005-1 Required Notice
Type of Application	By Mail	By Publication
Site Development Plan	Not Required	Not Required
Building Permit	Not Required	Not Required
Certificate of Occupancy and Compliance	Not Required	Not Required
Temporary Use Permit	Not Required	Not Required
Specific Use Permit	Required	Required
Zoning Map Amendment (Rezoning)	Required	Required¹
Text Amendment	Not Required	Required
Variance	Required	Required
Appeals	Not Required	Required
Table Notes: ¹Zoning Map Amendments require publication at least 15 days prior to hearing.

Table 155.1005-1 Required Notice
Type of Application	By Mail	By Publication
Site Development Plan	Not Required	Not Required
Building Permit	Not Required	Not Required
Certificate of Occupancy and Compliance	Not Required	Not Required
Temporary Use Permit	Not Required	Not Required
Specific Use Permit	Required	Required
Zoning Map Amendment (Rezoning)	Required	Required¹
Text Amendment	Not Required	Required
Variance	Required	Required
Appeals	Not Required	Required
Table Notes: ¹Zoning Map Amendments require publication at least 15 days prior to hearing.

Table 155.1005-1 Required Notice
Type of Application	By Mail	By Publication
Site Development Plan	Not Required	Not Required
Building Permit	Not Required	Not Required
Certificate of Occupancy and Compliance	Not Required	Not Required
Temporary Use Permit	Not Required	Not Required
Specific Use Permit	Required	Required
Zoning Map Amendment (Rezoning)	Required	Required¹
Text Amendment	Not Required	Required
Variance	Required	Required
Appeals	Not Required	Required
Table Notes: ¹Zoning Map Amendments require publication at least 15 days prior to hearing.

(C)
Procedural Requirements for Notice. All notices shall describe the action proposed to be taken and the date, time, and place of the public hearing. In addition, the following requirements apply based on the type of required notice:
1. (1)
  Publication Notice.
  1. (a)
    Notice shall be published in an official newspaper of general circulation in the City as provided by state law at least 10 days prior to the date of the public meeting. For Zoning Map Amendments, the notice shall be published in an official newspaper of general circulation in the City at least 15 days prior to the date of the public meeting.
  2. (b)
    Notice shall appear on the City's website for at least ten days prior to the date of the public meeting.
2. (2)
  Mailed Notice.
  1. (a)
    Written notice shall be sent to all owners of real property which are located within 200 feet of the subject property or within 200 feet of any other abutting property under the same ownership as the subject property.
  2. (b)
    Measurements shall be taken inclusive of public streets.
  3. (c)
    Such notice may be served by using the last known address as listed on the City tax roll and depositing the notice, postage paid, with the United States Postal Service (USPS).
(D)
Contents of Notice. Contents of notice shall include:
1. (1)
  The date, time, and place of the hearing;
2. (2)
  Staff contact and phone number, a description, address, or location of the matter to be heard, and a statement that the public is invited to review and comment on the application.

Effective on: 1/10/2022

§ 155.1006 INACTIVE APPLICATIONS

(A)

Generally. Applicants shall diligently pursue the completion of approved applications. This Section extinguishes applications that become inactive due to applicant inaction.

(B)

Voiding of Inactive Applications.

(1)
Process to Inactivity. An unapproved application becomes inactive after 45 days from receiving review comments if the applicant fails to completely address the City's comments, unless the Administrator determines that the applicant is actively pursuing action to address such comments. If the Administrator makes such determination, then the application will become inactive 90 days after the date of receipt of the comments if the applicant fails to completely address the comments.
(2)
Void. Inactive applications will automatically expire and become null and void without further notice 30 days after the date when they became inactive if the applicant fails to take action or to request an extension of time.

(C)

Extension of Time.

(1)
Prior to the expiration of an inactive plat, the application may be extended for up to six months upon written request of the applicant for cause only; and
(2)
If the City amends this Chapter or adopts other regulations during the period of time when the application was inactive, the application shall:
1. (a)
  Not be subject to compliance to the new regulations until the original application is considered to be voided; and
2. (b)
  The application shall be subject to the new regulations and ordinances if the period of time to request an extension lapses.
(3)
An inactive application shall expire after a six-month extension lapses and if an extension was not requested.

(D)

Effect of Expiration. Applications that expire pursuant to this Section are automatically null and void without further notice or action by the City.

Effective on: 1/10/2022

§ 155.1007 SUCCESSIVE APPLICATIONS

(A)

Generally. It is the policy of the City not to hear successive applications for the same approval after an application is denied. The limitations of this Section prevent the consideration of successive applications.

(B)

Time Required Between Substantially Similar Applications. The City shall not accept any application for any permit that is substantially similar to an application that was denied within a one-year period.

(C)

Appeal. The Administrator's determination that an application is substantially similar to a denied application is subject to appeal per Sec. 155.1112, Appeals.

Effective on: 1/10/2022

Freeport City Zoning Code

155.1000 APPLICATIONS

REVIEW, AND NOTICE

§ 155.1001 PRE-APPLICATION CONFERENCE

(A)

(B)

(C)

(D)

Disclaimer. Outcomes of the pre-application conference shall not imply, in whole or in part, any final decision on the application.

(E)

Effective on: 1/10/2022

§ 155.1002 FILING OF APPLICATION

(A)

Generally. Every application for development approval required by this Chapter be submitted on a form approved by the responsible official, along with the corresponding application fee.

(B)

Authorization to Initiate an Application. Table 155.1002-1, Application Authorization, denotes those who are authorized to initiate each of the application types.

Table 155.1002-1 Application Authorization
Application Type	Council or Commission	Property Owner¹	Party Aggrieved by an Administrative Decision¹
Building Permit	No	Yes	No
Certificate of Occupancy and Compliance	No	Yes	No
Specific Use Permit	No	Yes	No
Temporary Use Permit	No	Yes	No
Site Plan	No	Yes	No
Zoning Map Amendment	Yes	Yes	No
Text Amendment	Yes	Yes	No
Zoning Variance	No	Yes	No
Appeals	No	Yes	Yes
TABLE NOTES: "Yes"= Entity may initiate application \| "No" = entity may not initiate application ¹ Including his or her agent

(C)
Forms and Fees. Every application required by this Chapter shall be submitted in a format and in numbers established by the Administrator and shall include a fee as described in §155.206, Fees and Charges.
(D)
Form Updates. The responsible official shall promulgate and periodically revise forms for each type of application required by this Chapter.
(E)
Information Required. Application forms shall include specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the responsible official, and have the purpose of facilitating:
1. (1)
  The evaluation of applications for compliance with the standards of this Chapter; and
2. (2)
  The administration of this Chapter.
(F)
Deadlines. The Administrator may establish periodic application submittal deadlines.

Effective on: 1/10/2022

§ 155.1003 APPLICATION COMPLETENESS

(A)

Completeness Review.

(1)
Administrator Responsibility. The Administrator shall review all development review submittals for completeness.
(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 Chapter.

(B)

Timeline for Review. The completeness review required in subsection (A), shall be accomplished no later than five business days after an applicant submits a potential application.

(C)

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

(1)
The contents of the submittal are accurate or that they comply with the standards of this Chapter;
(2)
The application will receive a positive recommendation or final decision from the applicable administrative body; or
(3)
During the review, additional clarification or information will not be needed.

(D)

Incomplete Applications.

(1)
If the Administrator determines a submittal not to be complete, the Administrator shall:
1. (a)
  Notify the applicant in writing with a list of all missing or incomplete items; and
2. (b)
  Provide 10 business days for the applicant to resubmit the missing or incomplete items.
(2)
If the missing or incomplete items are not submitted within the 10-day period, then the Administrator shall deem the application rejected, shall not accept the application for filing, and shall make the submittal and application fee available to the applicant for retrieval. After the Administrator rejects an application, a new application and fee shall be required if the applicant wishes to apply again.
(3)
Incomplete or rejected applications are not considered "filed" or "submitted" for the purposes of Texas Local Government Code (TLGC) Chapter 212, TLGC Chapter 245, or for any other purpose.

Effective on: 1/10/2022

§ 155.1004 STAFF REVIEW

(A)

Final Decision or Distribution. After completing the process as stated in §155.1004, Application Completeness, the Administrator shall:

(1)
Review and Comment. Review the application and provide comments to the applicant, which may include required revisions;
(2)
Review and Decide. Review and make a final decision on the application; or
(3)
Distribute. Distribute the application to the appropriate administrative body or outside agency, including, but not limited to, utilities and school districts, for recommendation or final decision.

(B)

Required Revisions.

(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 requested changes.
(2)
Resubmittal. Upon receipt of the resubmittal, the Administrator may refer the application to any applicable outside agency 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.

(C)

(1)
Administrative Applications. If the application is denoted in Table 155.600-1, Summary of Procedures, as an application with a recommendation or final decision by the Administrator, then the Administrator shall approve, conditionally approve, or deny the application, as appropriate.
(2)
Other Applications. If according to §155.1005, Public Notice, the application requires a public meeting or public hearing prior to a final decision, then the Administrator shall forward a recommendation to the next administrative body who will consider it for further recommendation or final decision.

Effective on: 1/10/2022

§ 155.1005 PUBLIC NOTICE

(A)

Generally.

(1)
Notice by Publication. When required, shall be provided in accordance with the requirements of the Texas Local Government Code (TLGC).
(2)
Notice by Mail. When required, shall be provided to each owner, as indicated by the most recently approved municipal tax roll of real property.

(B)

Applicability. Table 155.1005-1, Required Notice, sets out the specific notice required for each type of application.

Table 155.1005-1 Required Notice
Type of Application	By Mail	By Publication
Site Development Plan	Not Required	Not Required
Building Permit	Not Required	Not Required
Certificate of Occupancy and Compliance	Not Required	Not Required
Temporary Use Permit	Not Required	Not Required
Specific Use Permit	Required	Required
Zoning Map Amendment (Rezoning)	Required	Required¹
Text Amendment	Not Required	Required
Variance	Required	Required
Appeals	Not Required	Required
Table Notes: ¹Zoning Map Amendments require publication at least 15 days prior to hearing.

Table 155.1005-1 Required Notice
Type of Application	By Mail	By Publication
Site Development Plan	Not Required	Not Required
Building Permit	Not Required	Not Required
Certificate of Occupancy and Compliance	Not Required	Not Required
Temporary Use Permit	Not Required	Not Required
Specific Use Permit	Required	Required
Zoning Map Amendment (Rezoning)	Required	Required¹
Text Amendment	Not Required	Required
Variance	Required	Required
Appeals	Not Required	Required
Table Notes: ¹Zoning Map Amendments require publication at least 15 days prior to hearing.

Table 155.1005-1 Required Notice
Type of Application	By Mail	By Publication
Site Development Plan	Not Required	Not Required
Building Permit	Not Required	Not Required
Certificate of Occupancy and Compliance	Not Required	Not Required
Temporary Use Permit	Not Required	Not Required
Specific Use Permit	Required	Required
Zoning Map Amendment (Rezoning)	Required	Required¹
Text Amendment	Not Required	Required
Variance	Required	Required
Appeals	Not Required	Required
Table Notes: ¹Zoning Map Amendments require publication at least 15 days prior to hearing.

Table 155.1005-1 Required Notice
Type of Application	By Mail	By Publication
Site Development Plan	Not Required	Not Required
Building Permit	Not Required	Not Required
Certificate of Occupancy and Compliance	Not Required	Not Required
Temporary Use Permit	Not Required	Not Required
Specific Use Permit	Required	Required
Zoning Map Amendment (Rezoning)	Required	Required¹
Text Amendment	Not Required	Required
Variance	Required	Required
Appeals	Not Required	Required
Table Notes: ¹Zoning Map Amendments require publication at least 15 days prior to hearing.

(C)
Procedural Requirements for Notice. All notices shall describe the action proposed to be taken and the date, time, and place of the public hearing. In addition, the following requirements apply based on the type of required notice:
1. (1)
  Publication Notice.
  1. (a)
    Notice shall be published in an official newspaper of general circulation in the City as provided by state law at least 10 days prior to the date of the public meeting. For Zoning Map Amendments, the notice shall be published in an official newspaper of general circulation in the City at least 15 days prior to the date of the public meeting.
  2. (b)
    Notice shall appear on the City's website for at least ten days prior to the date of the public meeting.
2. (2)
  Mailed Notice.
  1. (a)
    Written notice shall be sent to all owners of real property which are located within 200 feet of the subject property or within 200 feet of any other abutting property under the same ownership as the subject property.
  2. (b)
    Measurements shall be taken inclusive of public streets.
  3. (c)
    Such notice may be served by using the last known address as listed on the City tax roll and depositing the notice, postage paid, with the United States Postal Service (USPS).
(D)
Contents of Notice. Contents of notice shall include:
1. (1)
  The date, time, and place of the hearing;
2. (2)
  Staff contact and phone number, a description, address, or location of the matter to be heard, and a statement that the public is invited to review and comment on the application.

Effective on: 1/10/2022

§ 155.1006 INACTIVE APPLICATIONS

(A)

Generally. Applicants shall diligently pursue the completion of approved applications. This Section extinguishes applications that become inactive due to applicant inaction.

(B)

Voiding of Inactive Applications.

(1)
Process to Inactivity. An unapproved application becomes inactive after 45 days from receiving review comments if the applicant fails to completely address the City's comments, unless the Administrator determines that the applicant is actively pursuing action to address such comments. If the Administrator makes such determination, then the application will become inactive 90 days after the date of receipt of the comments if the applicant fails to completely address the comments.
(2)
Void. Inactive applications will automatically expire and become null and void without further notice 30 days after the date when they became inactive if the applicant fails to take action or to request an extension of time.

(C)

Extension of Time.

(1)
Prior to the expiration of an inactive plat, the application may be extended for up to six months upon written request of the applicant for cause only; and
(2)
If the City amends this Chapter or adopts other regulations during the period of time when the application was inactive, the application shall:
1. (a)
  Not be subject to compliance to the new regulations until the original application is considered to be voided; and
2. (b)
  The application shall be subject to the new regulations and ordinances if the period of time to request an extension lapses.
(3)
An inactive application shall expire after a six-month extension lapses and if an extension was not requested.

(D)

Effect of Expiration. Applications that expire pursuant to this Section are automatically null and void without further notice or action by the City.

Effective on: 1/10/2022

§ 155.1007 SUCCESSIVE APPLICATIONS

(A)

(B)

(C)

Appeal. The Administrator's determination that an application is substantially similar to a denied application is subject to appeal per Sec. 155.1112, Appeals.

Effective on: 1/10/2022

Freeport City Zoning Code

155.1000 APPLICATIONS

REVIEW, AND NOTICE

§ 155.1001 PRE-APPLICATION CONFERENCE

(A)

(B)

(C)

(D)

Disclaimer. Outcomes of the pre-application conference shall not imply, in whole or in part, any final decision on the application.

(E)

Effective on: 1/10/2022

§ 155.1002 FILING OF APPLICATION

(A)

Generally. Every application for development approval required by this Chapter be submitted on a form approved by the responsible official, along with the corresponding application fee.

(B)

Authorization to Initiate an Application. Table 155.1002-1, Application Authorization, denotes those who are authorized to initiate each of the application types.

Table 155.1002-1 Application Authorization
Application Type	Council or Commission	Property Owner¹	Party Aggrieved by an Administrative Decision¹
Building Permit	No	Yes	No
Certificate of Occupancy and Compliance	No	Yes	No
Specific Use Permit	No	Yes	No
Temporary Use Permit	No	Yes	No
Site Plan	No	Yes	No
Zoning Map Amendment	Yes	Yes	No
Text Amendment	Yes	Yes	No
Zoning Variance	No	Yes	No
Appeals	No	Yes	Yes
TABLE NOTES: "Yes"= Entity may initiate application \| "No" = entity may not initiate application ¹ Including his or her agent

(C)
Forms and Fees. Every application required by this Chapter shall be submitted in a format and in numbers established by the Administrator and shall include a fee as described in §155.206, Fees and Charges.
(D)
Form Updates. The responsible official shall promulgate and periodically revise forms for each type of application required by this Chapter.
(E)
Information Required. Application forms shall include specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the responsible official, and have the purpose of facilitating:
1. (1)
  The evaluation of applications for compliance with the standards of this Chapter; and
2. (2)
  The administration of this Chapter.
(F)
Deadlines. The Administrator may establish periodic application submittal deadlines.

Effective on: 1/10/2022

§ 155.1003 APPLICATION COMPLETENESS

(A)

Completeness Review.

(1)
Administrator Responsibility. The Administrator shall review all development review submittals for completeness.
(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 Chapter.

(B)

Timeline for Review. The completeness review required in subsection (A), shall be accomplished no later than five business days after an applicant submits a potential application.

(C)

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

(1)
The contents of the submittal are accurate or that they comply with the standards of this Chapter;
(2)
The application will receive a positive recommendation or final decision from the applicable administrative body; or
(3)
During the review, additional clarification or information will not be needed.

(D)

Incomplete Applications.

(1)
If the Administrator determines a submittal not to be complete, the Administrator shall:
1. (a)
  Notify the applicant in writing with a list of all missing or incomplete items; and
2. (b)
  Provide 10 business days for the applicant to resubmit the missing or incomplete items.
(2)
If the missing or incomplete items are not submitted within the 10-day period, then the Administrator shall deem the application rejected, shall not accept the application for filing, and shall make the submittal and application fee available to the applicant for retrieval. After the Administrator rejects an application, a new application and fee shall be required if the applicant wishes to apply again.
(3)
Incomplete or rejected applications are not considered "filed" or "submitted" for the purposes of Texas Local Government Code (TLGC) Chapter 212, TLGC Chapter 245, or for any other purpose.

Effective on: 1/10/2022

§ 155.1004 STAFF REVIEW

(A)

Final Decision or Distribution. After completing the process as stated in §155.1004, Application Completeness, the Administrator shall:

(1)
Review and Comment. Review the application and provide comments to the applicant, which may include required revisions;
(2)
Review and Decide. Review and make a final decision on the application; or
(3)
Distribute. Distribute the application to the appropriate administrative body or outside agency, including, but not limited to, utilities and school districts, for recommendation or final decision.

(B)

Required Revisions.

(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 requested changes.
(2)
Resubmittal. Upon receipt of the resubmittal, the Administrator may refer the application to any applicable outside agency 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.

(C)

(1)
Administrative Applications. If the application is denoted in Table 155.600-1, Summary of Procedures, as an application with a recommendation or final decision by the Administrator, then the Administrator shall approve, conditionally approve, or deny the application, as appropriate.
(2)
Other Applications. If according to §155.1005, Public Notice, the application requires a public meeting or public hearing prior to a final decision, then the Administrator shall forward a recommendation to the next administrative body who will consider it for further recommendation or final decision.

Effective on: 1/10/2022

§ 155.1005 PUBLIC NOTICE

(A)

Generally.

(1)
Notice by Publication. When required, shall be provided in accordance with the requirements of the Texas Local Government Code (TLGC).
(2)
Notice by Mail. When required, shall be provided to each owner, as indicated by the most recently approved municipal tax roll of real property.

(B)

Applicability. Table 155.1005-1, Required Notice, sets out the specific notice required for each type of application.

Table 155.1005-1 Required Notice
Type of Application	By Mail	By Publication
Site Development Plan	Not Required	Not Required
Building Permit	Not Required	Not Required
Certificate of Occupancy and Compliance	Not Required	Not Required
Temporary Use Permit	Not Required	Not Required
Specific Use Permit	Required	Required
Zoning Map Amendment (Rezoning)	Required	Required¹
Text Amendment	Not Required	Required
Variance	Required	Required
Appeals	Not Required	Required
Table Notes: ¹Zoning Map Amendments require publication at least 15 days prior to hearing.

Table 155.1005-1 Required Notice
Type of Application	By Mail	By Publication
Site Development Plan	Not Required	Not Required
Building Permit	Not Required	Not Required
Certificate of Occupancy and Compliance	Not Required	Not Required
Temporary Use Permit	Not Required	Not Required
Specific Use Permit	Required	Required
Zoning Map Amendment (Rezoning)	Required	Required¹
Text Amendment	Not Required	Required
Variance	Required	Required
Appeals	Not Required	Required
Table Notes: ¹Zoning Map Amendments require publication at least 15 days prior to hearing.

Table 155.1005-1 Required Notice
Type of Application	By Mail	By Publication
Site Development Plan	Not Required	Not Required
Building Permit	Not Required	Not Required
Certificate of Occupancy and Compliance	Not Required	Not Required
Temporary Use Permit	Not Required	Not Required
Specific Use Permit	Required	Required
Zoning Map Amendment (Rezoning)	Required	Required¹
Text Amendment	Not Required	Required
Variance	Required	Required
Appeals	Not Required	Required
Table Notes: ¹Zoning Map Amendments require publication at least 15 days prior to hearing.

Table 155.1005-1 Required Notice
Type of Application	By Mail	By Publication
Site Development Plan	Not Required	Not Required
Building Permit	Not Required	Not Required
Certificate of Occupancy and Compliance	Not Required	Not Required
Temporary Use Permit	Not Required	Not Required
Specific Use Permit	Required	Required
Zoning Map Amendment (Rezoning)	Required	Required¹
Text Amendment	Not Required	Required
Variance	Required	Required
Appeals	Not Required	Required
Table Notes: ¹Zoning Map Amendments require publication at least 15 days prior to hearing.

(C)
Procedural Requirements for Notice. All notices shall describe the action proposed to be taken and the date, time, and place of the public hearing. In addition, the following requirements apply based on the type of required notice:
1. (1)
  Publication Notice.
  1. (a)
    Notice shall be published in an official newspaper of general circulation in the City as provided by state law at least 10 days prior to the date of the public meeting. For Zoning Map Amendments, the notice shall be published in an official newspaper of general circulation in the City at least 15 days prior to the date of the public meeting.
  2. (b)
    Notice shall appear on the City's website for at least ten days prior to the date of the public meeting.
2. (2)
  Mailed Notice.
  1. (a)
    Written notice shall be sent to all owners of real property which are located within 200 feet of the subject property or within 200 feet of any other abutting property under the same ownership as the subject property.
  2. (b)
    Measurements shall be taken inclusive of public streets.
  3. (c)
    Such notice may be served by using the last known address as listed on the City tax roll and depositing the notice, postage paid, with the United States Postal Service (USPS).
(D)
Contents of Notice. Contents of notice shall include:
1. (1)
  The date, time, and place of the hearing;
2. (2)
  Staff contact and phone number, a description, address, or location of the matter to be heard, and a statement that the public is invited to review and comment on the application.

Effective on: 1/10/2022

§ 155.1006 INACTIVE APPLICATIONS

(A)

Generally. Applicants shall diligently pursue the completion of approved applications. This Section extinguishes applications that become inactive due to applicant inaction.

(B)

Voiding of Inactive Applications.

(1)
Process to Inactivity. An unapproved application becomes inactive after 45 days from receiving review comments if the applicant fails to completely address the City's comments, unless the Administrator determines that the applicant is actively pursuing action to address such comments. If the Administrator makes such determination, then the application will become inactive 90 days after the date of receipt of the comments if the applicant fails to completely address the comments.
(2)
Void. Inactive applications will automatically expire and become null and void without further notice 30 days after the date when they became inactive if the applicant fails to take action or to request an extension of time.

(C)

Extension of Time.

(1)
Prior to the expiration of an inactive plat, the application may be extended for up to six months upon written request of the applicant for cause only; and
(2)
If the City amends this Chapter or adopts other regulations during the period of time when the application was inactive, the application shall:
1. (a)
  Not be subject to compliance to the new regulations until the original application is considered to be voided; and
2. (b)
  The application shall be subject to the new regulations and ordinances if the period of time to request an extension lapses.
(3)
An inactive application shall expire after a six-month extension lapses and if an extension was not requested.

(D)

Effect of Expiration. Applications that expire pursuant to this Section are automatically null and void without further notice or action by the City.

Effective on: 1/10/2022

§ 155.1007 SUCCESSIVE APPLICATIONS

(A)

(B)

(C)

Appeal. The Administrator's determination that an application is substantially similar to a denied application is subject to appeal per Sec. 155.1112, Appeals.

Effective on: 1/10/2022