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Freeport City Zoning Code

155.1100 PERMITS

AND PROCEDURES

§ 155.1101 SUMMARY OF PROCEDURES

  • (A)
    Generally. Procedures for obtaining approval pursuant to this Chapter are summarized in this Section.
  • (B)
    Applications and Procedures. Each application or permit required by this Chapter is spelled out in the below table.
  •  Table 155.1101-1

    Summary of Procedures 

    PC=Planning Commission  CC=City Council  BOA=Board of Adjustments  Admin=Administrator

     Permit/PlanRequired For Timing Exceptions 

    Review Responsibilities 

    Cross-
    Reference1
    RecommendationFinal Decision
    Site Development PlanAll new constructionPrior to development, redevelopment, substantial improvement, or expansion of development

    Single-Family Detached or Attached Dwelling in an improved subdivision and

    Emergency Activities 

    N/AAdmin§ 155.1003
    Building PermitConstruction, reconstruction, improvement, or repair of any building or structure for which an additional permit or approval is requiredPrior to construction, alteration, or operation of a structure NoneN/AAdmin

    § 155.1104

    Chapter 150

    Certificate of Occupancy and ComplianceCertification that construction and/or new use is code compliantPrior to occupying a structureSingle-Family Dwellings or Residential Accessory StructuresN/AAdmin

    § 155.1105

    Chapter 150

    Temporary Use PermitEstablishing a temporary use related to a public or commercial eventPrior to establishing a temporary use NoneN/AAdmin§ 155.1106
    Specific Use PermitEstablishing a new or amending an existing Specific UsePrior to the establishment of a new or expansion of existing Specific UseNoneAdminPC§ 155.1107
    Zoning Map Amendment (Rezoning)Changing the zoning of a parcel from one district to anotherPrior to a change in land useNonePCCC§ 155.1108
    Text AmendmentText additions or changes to this Chapter. Prior to amending ChapterNon-substantive AmendmentPCCC§ 155.1109
    Planned Unit Development (PUD)Changing the zoning of a parcel from a conventional zoning district to PUD Prior to a change in land use and developmentNonePCCC§ 155.1110
    VarianceDeviation from the standards of this Chapter Prior to or concurrent with submittal of a Building Permit or Site PlanNoneAdminBOA§ 155.1111
    Appeals Appeals from decisions of administrative officials, the Planning and Zoning Commission, or the City CouncilWithin 20 days of a decisionNone--BOA or CC§ 155.1111

    1 Cross-references are provided for convenience only and do not exempt the application from complying with all applicable standards of this Chapter, any other provision within the City’s Code of Ordinances, or state law.

    Effective on: 1/10/2022

    § 155.1102 COMMON DECISION CRITERIA

  • (A)
    Generally. In determining whether to approve, approve with conditions or modifications, or deny an application, the applicable review bodies shall consider the basic review criteria denoted in Table 155.1102-1, Common Decision Criteria, below. 
  • (B)
    Additional Criteria. Additional decision criteria may apply and are enumerated in the specific review procedures within this Chapter.
  • Table 155.1102-1

    Common Decision Criteria

    Common Decision CriteriaSite Development PlanBuilding PermitsCertificate of Occupancy and ComplianceTemporary Use PermitSpecific Use PermitZoning Map Amendment (Rezoning)Text Amendment VarianceAppeals
    The request complies with the applicable standards of this Chapter, the City Code, and any applicable county, state, or federal requirements.YesYesYesYesYesYesYesNoNo
    The request is consistent with applicable policies of the Strategic Community Plan and applicable utility plans and capital improvements plans; or, if it addresses a topic that is not contained or not fully developed in the Strategic Community Plan, the request does not impair the implementation of Strategic Community Plan.YesNoNoNoYesYesYesYesNo
    Adequate facilities, including public or private utilities, solid waste service, drainage, and other improvements are present or are planned to be provided.YesNoNoNoYesYesNoYesNo
    The request substantially conforms to any associated prior approval for the development, including, but not limited to, a Specific Use Permit, Preliminary Plat, or Site Plan.YesYesYesYesYesYesYesYesNo
    The request promotes the purposes of this Chapter as established in Sec. §155.102, Authority, Purposes, Jurisdiction,  and Applicability and in other applicable purpose statements in this Chapter.YesNoNoNoYesYesYesYesNo
    The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area.YesNoNoNoYesYesNoYesNo

    TABLE NOTES:
    "Yes" = Common decision criteria applies. 

    "No" = Common decision criteria does not apply.

    Effective on: 1/10/2022

    § 155.1103 SITE DEVELOPMENT PLAN

  • (A)
    Generally. A site development plan is required for any proposed development, redevelopment, and substantial improvement within the municipal boundaries of the City to ensure that applicable developments comply with all development and design standards of this Chapter and, if applicable, with the approved Specific Use Permit for the subject property.
  • (B)
    Exceptions. The following activities shall not require a site development plan:
    1. (1)
      Residential. Construction of a single-family detached or attached dwelling in an improved subdivision; and
    2. (2)
      Emergencies. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
  • (C)
    Site Plan Requirements. All site development plans required as part of a permit application submittal shall include the following: 
    1. (1)
      Format.
      1. (a)
        Scale. One inch equals 100 feet;
      2. (b)
        Size. 24 x 36 inches;
    2. (2)
      Method of Submittal. Electronic PDF file format;
    3. (3)
      Locations Identified. The following items shall be accurately depicted on the plan:
      1. (a)
        All existing or proposed buildings, structures, or improvements;
      2. (b)
        All existing front, side, and back setback locations;
      3. (c)
        All proposed modifications to the external configuration of each building, structure, or improvement (including all carports);
      4. (d)
        Open spaces and landscaped areas; and
      5. (e)
        Parking and loading with vehicular and pedestrian circulation.
  • (D)
    Supplemental Plans Required.
    1. (1)
      Landscaping Plan. Landscaping plan showing trees to be removed or preserved, and new landscaping delineating and annotating canopy, shrub, and ground covering plantings along with any additional buffering requirements per §155.700, Landscaping and Buffering.
    2. (2)
      Drainage Plan. Drainage plan showing all detention/retention facilities providing for a 100-year storm and storm sewers or surface drainage providing for a 25-year storm.
    3. (3)
      Engineering Plan. Engineering plans for water, sewer, and other utilities, as well as street(s) and parking construction.
    4. (4)
      Grading Plan. Grading plan showing the proposed grading of all land-disturbing activities on the site tied to existing grades with cut and fill slopes that shall be no greater than a three to one ratio, except as approved by the City to meet other community or environmental objectives.
  • (E)
    Transportation Impact Analysis (TIA). At the discretion of the City, a TIA may be required for any site development plan if the end result, according to the Institute of Traffic Engineers Traffic Engineering Handbook, is expected to generate an increase in the average daily traffic count.
  • (F)
    Specific Decision Criteria.
    1. (1)
      Review and Decision. In determining whether to approve, approve with conditions, or deny a site development plan, the Administrator shall consider the applicable common decision criteria in §155.1102, Common Decision Criteria, and the following: 
      1. (a)
        The proposed development does not exceed the capacity of existing and planned infrastructure and public services including, but limited to, systems for water, sewer, drainage, transportation, solid waste removal, and public safety.
      2. (b)
        The design of the project provides for vehicle and pedestrian accessibility and circulation within, out of, and into the development and appropriate compatibility and buffering between the development, surrounding land uses (existing or planned), and the natural environment.
      3. (c)
        The proposed development protects public health and safety against natural and man-made hazards and nuisances which include, but are not limited to, traffic noise, water pollution, and flooding.
    2. (2)
      Affirmative Findings. In order to approve a site development plan, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.
  • (G)
    Post-Approval Process.
    1. (1)
      Construction of Improvements. All improvements reflected on approved site development plans must be constructed at the time of development. 
    2. (2)
      Certificate of Occupancy. A Certificate of Occupancy shall not be issued for the subject property unless and until all construction conforms to the approved site development plan and building permits. 
  • Effective on: 1/10/2022

    § 155.1104 BUILDING PERMIT

  • (A)
    Generally. No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the Building Official.
  • (B)

    Required Submittal Contents. 

    1. (1)
      Site Development Plan. An application for a building permit may be approved concurrently with a site development plan provided that all of the requirements § 155.1103, Site Development Plan
    2. (2)
      Building Code Requirements.  See Chapter 150, Building Regulations, in City's Code of Ordinances.  
    3. (3)
      Other Information Required. The application shall include such other information necessary to determine conformance with, and provide for the enforcement of, this Chapter as required by the Administrator.
  • (C)
    Specific Decision Criteria. In determining whether to approve, approve with conditions, or deny a building permit, the review body shall consider the applicable common decision criteria in § 155.1102, Common Decision Criteria, and if the finished project complies with Chapter 150, Building Regulations, in the City's Code of Ordinances. 
  • (D)
    Violation. Failure to obtain a building permit shall be a violation of this chapter and punishable under § 155.903, Penalty.
  • Effective on: 1/10/2022

    § 155.1105 CERTIFICATE OF OCCUPANCY AND COMPLIANCE

  • (A)
    Generally. A Certificate of Occupancy and Compliance is to determine compliance with the provisions of this Chapter and all other applicable provisions of the City's Code of Ordinances.
  • (B)
    Applicability. 
    1. (1)
      No owner shall use or permit the use of any land, structure or building, or part thereof located in any district until a Certificate of Occupancy and Compliance has been issued by the Administrator.
    2. (2)
      A Certificate of Occupancy and Compliance may only be used for the specific land use that has been identified pursuant to its approval. 
  • (C)
    Exceptions. A Certificate of Occupancy and Compliance shall not be required:
    1. (1)
      For any land, structure or building occupied principally as a single-family dwelling unless more specifically required elsewhere in this Chapter.
    2. (2)
      For residential accessory buildings or structures, but may be included in the Certificate of Occupancy for the principal structure on the same lot, provided that such accessory structures are completed at the same time as, or subsequent to, the principal structure. 
  • (D)

    Specific Decision Criteria. 

    1. (1)
      Review and Decision. In determining whether to approve, approve with conditions, or deny a Certificate of Occupancy, the review body shall consider the applicable common decision criteria in § 155.1102, Common Decision Criteria and if the finished project complies with Chapter 150, Building Regulations in the City's Code of Ordinances. 
    2. (2)
      Affirmative Findings. In order to issue a Certificate of Occupancy, the final decision-maker shall make affirmative findings on all of the applicable decision criteria.
  • (E)
    Violation. Failure to obtain a Certificate of Occupancy and Compliance shall be a violation of this chapter and punishable under § 155.903, Penalty.
  • Effective on: 1/10/2022

    § 155.1106 TEMPORARY USE PERMIT

  • (A)
    Generally. A temporary use permit is to ensure that permitted temporary uses comply with §155.404, Temporary Use Standards, and other applicable requirements of this Chapter and that they do not become permanent uses or structures. 
  • (B)
    Application Submittal. Any person desiring a temporary use permit for any temporary use in accordance with §155.404, Temporary Use Standards, shall make a written application no less than 14 days prior to the starting date of the event or installation of the use, to the Administrator.
  • (C)

    Specific Decision Criteria.  In determining whether to approve, approve with conditions, or deny a temporary use permit, the review bodies shall consider the applicable common decision criteria in §155.1102, Common Decision Criteria, and the following:

    1. (1)
      The temporary use is compatible in intensity, appearance, and operation with surrounding land uses in the area, and it does not unduly impair the usefulness, enjoyment, or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of pollution.
    2. (2)
      The temporary use does not create any violations of the Americans with Disabilities Act, the Texas Accessibility Standards, or the accessibility standards adopted by the City.
    3. (3)
      The temporary use does not endanger or is not materially detrimental to the public health, safety or welfare or injurious to property or improvements in the immediate vicinity of the temporary use.
  • Effective on: 1/10/2022

    § 155.1107 SPECIFIC USE PERMIT

  • (A)
    Generally. The specific use permit is to determine if specific uses or specific temporary uses, as denoted in Table 155.401-2, Permitted Uses by District, should be allowed on a property subject to standards and a public hearing. 
  • (B)
    Application Submission. An application for a specific use permit shall be submitted to the Administrator for presentation to the Planning Commission at least 30 days prior to the meeting at which approval is sought. 
  • (C)
    Decision Criteria. In considering any application for a specific use permit, the Planning Commission shall consider the applicable common decision criteria in §155.1102, Common Decision Criteria, and the following:
    1. (1)
      The specific use will not create a nuisance or be detrimental to the public welfare of the community; 
    2. (2)
      The specific use does not create an unwanted concentration of similar specific uses that is likely to discourage permitted uses by making the vicinity less desirable for them; and
    3. (3)
      The specific use conforms to the requirements and intent of this UDC.
  • (D)
    Additional Conditions. The Planning Commission may impose requirements or conditions in addition to the regulations of the district in which the particular use is located with respect to location, construction, maintenance, and operation, as they may deem necessary for the protection of the adjacent properties and public interest.
  • (E)
    After Approval.
    1. (1)
      Certificate of Occupancy. Following the approval of a specific use permit the Building Official shall issue Certificate of Occupancy and Compliance, as provided in §155.1105, Certificate of Occupancy and Compliance, and shall ensure that development is undertaken and completed.
    2. (2)
      Compliance with Other Requirements. Granting of a specific use permit does not exempt the applicant from complying with the requirements of the City's Building Code or other ordinances.
  • Effective on: 1/10/2022

    § 155.1108 ZONING MAP AMENDMENT (REZONING)

  • (A)
    Generally. A zoning map amendment, or as it is frequently referred to as a rezoning, is the means by which a property owner, City Council, or Planning Commission can request to the City that their zoning classification be changed to another classification. 
  • (B)

    Application Submission. The proposed amendment must be submitted at least 30 days prior to the meeting at which approval is sought.

  • (C)

    Required Submittal Contents. An application for a zoning map amendment (rezoning) shall include all of the following:

    1. (1)
      Legal Description. An accurate legal description that extends to the centerline of any abutting rights-of-way;
    2. (2)
      Map. A map showing the area included in the proposed zoning map amendment;
    3. (3)
      Other Information Required. The application shall include such other information necessary to determine conformance with, and provide for the enforcement of, this Chapter as required by the Administrator including, but not limited to a site plan or other drawings.
    1. (D)
      Decision Criteria. The Planning Commission and City Council shall consider applicable criteria in Table 154.502-1, Common Decision Criteria.
    2. (E)
      Action by Planning Commission.
      1. (1)
        Recommendation to Approve or Not Approve. At the conclusion of the joint public hearing, the Planning Commission shall deliberate and determine by majority vote whether to recommend approval or recommend to not approve the adoption of the proposed zoning map amendment.  
      2. (2)
        Written Protest Against Recommendation to Approve.  A written protest against the Planning Commission's recommendation to approve the proposed zoning map amendment can be filed with the City by any one of the following:

        (a) The owners of 20 percent of the land included in the proposed zoning map amendment;

        (b) The owners of 20 percent of the land immediately adjacent to the land included in the proposed amendment and extending 200 feet therefrom; or

        (c) The owners of 20 percent of the land directly opposite the land included in the proposed amendment and 200 feet from the street frontage of such opposite land.

    3. (F)
      Action by the City Council.
      1. (1)
        Recommendation to Approve, without Protest. If the Planning Commission recommends approval of the proposed zoning map amendment, the City Council may, by simple majority vote to approve, not approve, or approve with conditions the zoning map amendment.
      2. (2)
        Recommendation to Approve, with Protest. If the Planning Commission recommends approval of the proposed zoning map amendment, but a written protest meeting Subsection E(3), above, is filed, the City Council may:
        1. (a)
          Vote to not approve the proposed zoning map amendment with a simple majority of the City Council; or 
        2. (b)
          Vote to approve or to approve with conditions the proposed zoning map amendment with a vote of three-fourths of the City Council.
      3. (3)
        Recommendation to Not Approve. If the Planning Commission recommends to not approve the Zoning Map Amendment, the City Council may:
        1. (a)
          Vote to not approve the proposed Zoning Map Amendment with a simple majority of the City Council; or 
        2. (b)
          Vote to approve or to approve with conditions the proposed zoning map amendment with a vote of three-fourths of the City Council.

    Effective on: 1/10/2022

    § 155.1109 TEXT AMENDMENT

  • (A)
    Generally. Requests for amendments to the text of this Chapter may be initiated by the request of the Planning Commission, City Council, or the Administrator to amend, supplement, change, modify, or repeal any portion of this Chapter that is not expressly required by Texas or Federal Law.
  • (B)
    Planning Commission Action.  The Planning Commission shall review the proposed text amendments and make a recommendation to the City Council on whether to approve or not approve the requirement.
  • (C)
    Decision by City Council. The City Council shall:
    1. (1)
      Receive the written recommendation of the Planning Commission and staff regarding the proposed amendment;
    2. (2)
      Hold a public hearing prior to taking action on the proposed amendment; and
    3. (3)
      By majority vote, approve or deny the amendment, or continue the item to a future meeting.
  • (D)
    Decision Criteria. In determining whether to approve a text amendment, the review bodies shall consider applicable criteria in Table 155.1102-1, Common Decision Criteria and consider the following additional factors (no one factor is controlling and thus requires the City Council to make a specific decision):
    1. (1)
      Consistency.  Whether and the extent to which the proposed amendment would conflict with any portion of this Chapter or any of Chapter of the City's Code of Ordinances.
    2. (2)
      Effect on Natural Environment. Whether and the extent to which the proposed amendment would not result in significantly adverse impacts on the natural environment including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment.
    3. (3)
      Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.
    4. (4)
      Adopted Planning Documents. Whether and the extent to which the proposed amendment is compatible with the vision set forth in the City's adopted planning documents.
  • (E)
    Non-Substantive Amendment. If necessary, the Administrator may without action by the Planning Commission and/or the City Council:
    1. (1)
      Correct spelling or punctuation errors:
    2. (2)
      Cross-reference changes (because another area of City Code has been moved or changed);
    3. (3)
      Cross-reference errors; and
    4. (4)
      Correct other matters herein determined by the City Attorney to be non-substantive and not requiring a public notice requirement per either state law or §155.1005, Public Notice.
  • Effective on: 1/10/2022

    § 155.1110 PLANNED UNIT DEVELOPMENT

  • (A)
    Generally. All PUDs approved after the effective date of this Chapter shall meet the requirements of this Section and §155.303, Planned Unit Development (PUD) Regulations. 
  • (B)
    Zoning Map Amendment. All property that obtains a PUD designation must be rezoned through the legislative process of §155.1108, Zoning Map Amendment (Rezoning), in addition to the requirements of this section. 
  • (C)
    Application Submittal.   A submittal of a rezoning to a Planned Unit Development (PUD) shall require approval of a zoning map amendment concurrent with the requirements of §155.1103, Site Development Plan. 
  • (D)
    Specific Decision Criteria.  In addition to the requirements of §155.303, Planned Unit Development (PUD) Regulations the following is required for a zoning map amendment to be approved as a PUD. Both the Planning and Zoning Commission and City Council shall approve the zoning map amendment to PUD by certifying that the following situation exists in each application to a PUD.
    1. (1)
      Necessity.  The PUD zone is necessary because the development cannot otherwise take place under the regulations of this Chapter.
    2. (2)
      Mix of Housing and Uses. The development contains a variety of housing types, and a mix of employment opportunities or commercial services necessary to achieve a balanced community and beyond what is achievable under the by-right development options in this Chapter. 
    3. (3)
      Design Elements. The development makes use of landscaping, buffering, screening, natural and man-made drainage patterns, recreational amenities, circulation, and common open space to achieve an orderly and creative arrangement of all land uses with respect to each other and to the community.
    4. (4)
      Integrated Transportation. The development contains a planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic, to include facilities such as roadways, bicycle ways and trails, and pedestrian walkways.
    5. (5)
      Phasing. The development is phased in a manner which may be accommodated by the timely provision of public utilities, facilities, and services.
  • Effective on: 1/10/2022

    § 155.1111 VARIANCE

  • (A)
    GenerallyA variance is required to provide for any deviation from the regulations of this Chapter.  
  • (B)
    Procedural Requirements.
    1. (1)
      Any variance authorized is required to be entered in writing into the minutes of the Board of Adjustments (BOA) meeting specifically stating the reason(s) for which the variance was approved.
    2. (2)
      Not less than two-thirds of the entire membership of the BOA must approve the request.
  • (C)

    Decision Criteria. In addition to Table 155.1102-1, Common Decision Criteria, the BOA shall consider if the applicant can show the need for the variance because:
    (1)    Strict adherence would cause unnecessary hardship; and
    (2)    A physical condition that is peculiar to the land.

  • Effective on: 1/10/2022

    § 155.1112 APPEALS

  • (A)
    Purpose. The purpose of the appeals process is to provide an opportunity for affected parties to seek review of a decision of a responsible official or the Planning Commission in a timely and inexpensive way.
  • (B)
    Routing of Appeals
    1. (1)
      Administrator Decisions. All decisions of the Administrator, pertaining to this Chapter, may be appealed to the Board of Adjustments (BOA). 
    2. (2)
      Planning Commission Decisions. All decisions of the Planning Commission, pertaining to this Chapter may be appealed to the City Council.
    3. (3)
      Board of Adjustment Decisions. All decisions of the BOA, may be appealed to a court of competent jurisdiction.
    4. (4)
      City Council Decisions. All decisions of the City Council pertaining to this Chapter, may be appealed to a court of competent jurisdiction.   
  • (C)
    Parties to Appeal.
    1. (1)
      Only parties in the action shall have standing to bring an appeal. No appeal by a person who is not a party shall be heard.
    2. (2)
      A person or entity is a party if it demonstrates:
      1. (a)
        That final action of the City caused it injury;
      2. (b)
        The injury is different in kind or degree from injury to members of the general public; and
      3. (c)
        The injury can be remedied if the appeal is granted.
    3. (3)
      The applicant is always a party, and shall not be required to demonstrate injury if:
      1. (a)
        The applicant is appealing an adverse decision or an adverse condition of approval, in which case the applicant is a petitioner; or
      2. (b)
        The applicant's application is the subject of an appeal by another party, in which case the applicant is a respondent.
    4. (4)
      Any person or entity that owns property within 300 feet of any parcel line of the parcel that is the subject of the appeal shall not be required to demonstrate injury.
  • (D)
    Deadline to Appeal. All appeals must be fully completed and submitted to the City 20 days after an official decision by any City official, committee, or governing body.
  • (E)
    Content. The request for appeal shall clearly state each alleged error or ground for protest which the appellant intends to assert.  It cannot be amended, supplemented, or modified after the public notice of meeting is posted.   
  • (F)
    Burden of Proof in Appeals. The BOA shall presume the appealed final decision to be valid. The appellant shall present sufficient evidence and have the burden to justify a reversal of the decision being appealed.
  • (G)
    Decision Criteria. The Board of Adjustments (BOA) shall review the application in the same manner, using the same approval criteria as the decision-maker. However:
    1. (1)
      No new evidence shall be presented to the BOA that was not considered by the decision-maker; and
    2. (2)
      No issues shall be reviewed by the BOA that were not described or obviously implied by the notice or request for appeal. 
  • Effective on: 1/10/2022