Frisco City Zoning Code
SECTION 6
DEVELOPMENT REVIEW PROCEDURES
§ 6.01.01 Rules of Newly Annexed Territory Classified as the Agricultural District.
In an area classified as AG – Agricultural District:
(A)
Building permit or certificate of occupancy required.
No person shall erect, construct, proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the City without first applying for and obtaining a Building Permit or Certificate of Occupancy from the Chief Building Official.
(B)
Limited permits within newly annexed land.
No permit for the construction of a building or use of land shall be issued by the Chief Building Official other than a permit which will allow the construction of a building or use permitted in the AG – Agricultural District, unless and until such territory has been classified in a zoning district other than the AG – Agricultural District, by the City Council in the manner prescribed by law except as provided in 6.01.01(C) below.
(C)
Application for a building permit or certificate of occupancy within newly annexed land.
(1)
Except as provided in 6.01.01(C)(2) below, a building permit shall be approved if the applicant shows the following.
a.
The use was already legally operating on the date the annexation proceedings were initiated for the property; or
b.
The use was not already operating on the effective date of annexation, but was planned for the property before the 90th day before the effective date of annexation, and:
1.
One or more licenses, certificates, permits, approvals, or other form of authorization by a governmental entity were required by law for the planned land use; and
2.
A completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. For the purpose of this section, a completed application is filed if the application includes all documents and other information designated as required by the governmental entity in a written notice to the applicant. For the purposes of this section, the date the annexation proceedings were instituted means the date the City Council approves the ordinance annexing the property.
(2)
Notwithstanding anything to the contrary, a building permit shall not be issued if the use in the annexed area falls under one of the categories set forth in Section 43.002(c) of the Texas Local Government Code and such use is prohibited by City ordinance or by the City Charter.
(3)
If a use described in 6.01.01(C)(1) above does not comply with the zoning for the property, such uses shall be allowed to continue as a nonconforming use. Nothing shall prevent the City from amortizing a nonconforming use even if it existed or was planned for the property prior to the institution of annexation proceedings. The Board of Adjustment amortizes a nonconforming use only if they first determine the nonconforming use is a nuisance and/or that the nonconforming use presents a risk of imminent destruction of property or injury to persons. Pursuant to Section 43.002(c) of the Texas Local Government Code, such regulations are expressly enforceable against a use even if it existed or was planned prior to the institution of annexation proceedings.
(4)
The property owner has a right to appeal the Planning & Zoning Commission's decision to City Council, if an appeal is submitted to the Director of Development Services in writing within ten (10) calendar days after the Planning & Zoning Commission voted and made their determination in open session. After receiving and reviewing the appeal application of the Planning & Zoning Commission decision, the City Council may, by majority vote, authorize the issuance of a Building Permit or Certificate of Occupancy or may disapprove the application pending permanent zoning.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.02.01 Zoning Required for Platting.
(A)
Denial of plats for lands without permanent zoning.
The Planning & Zoning Commission shall not approve any plat of any subdivision within the City Limits until the area covered by the proposed plat shall have been zoned by the City Council, as described in Subsection 6.01 Zoning Upon Annexation.
(B)
Agricultural exemption.
A plat may be approved on land with the AG – Agricultural District designation if the proposed use of the property is determined to be the permanent use of the property.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.02.02 Annexation Proceedings Postpones Platting Approvals.
The Planning & Zoning Commission may conditionally approve any plat or any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation is pending before the City Council unless and until such annexation shall have been approved by ordinance of the City Council.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.02.03 Subdivision Ordinance Platting Requirements.
Refer to the Subdivision Ordinance for platting requirements within the City Limits and its extraterritorial jurisdiction.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.02.04 Simultaneous Zoning and Annexation.
Zoning and annexation request may be simultaneously considered. City council must adopt the annexation ordinance prior to adoption an ordinance for zoning.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.03.01 Conditions Required for Building Site, Tract, or Lot Creation.
No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract, or building lot has been created by compliance with one of the following conditions.
(A)
Approved plat of record.
The lot or tract is part of a plat of record, properly approved by the Planning & Zoning Commission, and filed in the Plat Records of Collin or Denton Counties, Texas as may be applicable by location of property.
(B)
Annexation.
The plat, tract, or lot faces upon a dedicated street and was separately owned prior to annexation to the City, in which event a building permit for only one main building conforming to all the requirements of this Ordinance may be issued on each such original separately owned parcel without first complying with subsection (A) above.
(C)
Approved site plan.
The plat or tract is all or part of a Site Plan officially approved by the Planning & Zoning Commission, and compliance has been made with provisions and improvements approved on such Site Plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.03.02 Building Permit Issuance Requires a Plat of Record.
A plat of record shall be created prior to the issuance of a Building Permit. (See also Subdivision Ordinance)
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.04.01 Certificates of Occupancy Required.
(A)
Certificates of Occupancy shall be required for any of the following:
(1)
Occupancy and use of a building hereafter erected or structurally altered;
(2)
Change in use of an existing building to a use of a different classification;
(3)
Occupancy and use of vacant land, except agricultural use;
(4)
Change in the use of land to a use of a different classification;
(5)
Any change in the use of a nonconforming use; and
(6)
Any use in existence with an annexation request.
(B)
Certificate of occupancy required from chief building official. No such use, or change of use, shall take place until a Certificate of Occupancy therefore shall have been issued by the Chief Building Official.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.04.02 Procedure for New Or Altered Buildings.
(A)
Written application.
Written application for a Certificate of Occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the Building Permit for such building.
(B)
Timing of certificate issuance.
Said Certificate shall be issued within fourteen (14) calendar days after a written request for the same has been made to said Chief Building Official or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Ordinance.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.04.03 Procedure for Vacant Land OR A Change in Building Use.
(A)
Written application.
Written application for a Certificate of Occupancy shall be made to the Chief Building Official for review according to Subsection 6.03 Creation of Building Site for the following.
(B)
Timing of certificate issuance.
If the proposed use is in conformity with the provisions of this Ordinance, the Certificate of Occupancy therefore shall be issued within fourteen (14) calendar days after the completed application for same has been made. The City shall not issue the CO where City taxes are delinquent.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.04.04 Contents of a Certificate of Occupancy.
(A)
Building and proposed use.
Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies with all provisions of the building and fire laws and Ordinances.
(B)
Record of certificates of occupancy.
A record of all Certificates of Occupancy shall be kept in file on the office of the Chief Building Official or his agent and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building or land affected.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.05.01 Purpose.
(A)
Intent and exclusion of detached single-family and two-family uses.
The purpose of the Site Plan process is to establish a procedure for coordinating improvements to properties zoned other than detached single-family or two-family uses.
(B)
Multifamily, townhome and nonresidential uses.
Through Site Plan review, zoning standards and other applicable municipal standards or ordinances that may apply to specific site development can be uniformly implemented by the Planning & Zoning Commission for multifamily, townhome and nonresidential uses.
(C)
Results.
This procedure is intended to promote, among other items, the efficient and harmonious use of land, safe and efficient vehicular and pedestrian circulation, parking and loading, lighting, screening, open space, landscaping, and natural features.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.05.02 General.
(A)
Process.
A Preliminary Site Plan or Site Plan shall not be acted on unless and until it is properly filed in accordance with the provisions of this Ordinance.
(1)
Meetings.
a.
It is recommended that the applicant meet with an authorized representative of the Development Services Department to allow the applicant to learn the general procedures for approval, and to review the general plan of the proposed development, but the development/project shall not be discussed in sufficient detail.
b.
No applications may be submitted to or accepted for filing with representatives of the Development Services Department during the meeting.
c.
No rights derived from Chapter 245 of the Texas Local Government Code, as amended, shall accrue from any Pre-submittal Meeting, Pre-submittal Process or documents offered for review in connection therewith. There shall be no vested rights based on a Pre-Submittal filing meeting.
(2)
Zoning.
a.
Conformance with existing zoning. All applications shall be in conformance with the existing zoning on the property (if applicable).
b.
Request to rezone first. If an applicant seeks to amend the zoning for the property, the request to rezone the land shall be submitted and approved prior to acceptance of an application for filing.
(3)
Preliminary site plan.
a.
Preliminary Site Plan approval assures the applicant that the general layout is acceptable prior to proceeding to a Site Plan.
(5)
Preliminary site plan and site plan approval.
a.
Preliminary Site Plans require Planning & Zoning Commission review and approval, unless otherwise specified by ordinance.
b.
Site Plans require Director review and approval. The Director shall review if all of the following conditions are met:
1.
Valid Preliminary Site Plan;
2.
A building does not move closer to an abutting residential property;
3.
A building's height does not increase;
4.
A building's size does not change by more than ten (10) percent or 1,000 square feet, whichever is greater;
5.
Screening remains the same;
6.
Cross access remains the same;
7.
Open Space remains the same; and
8.
Parking lot does not increase or decrease by more than ten (10) percent.
(B)
Process purpose.
The purpose of this process is to:
(1)
Ensure compliance with adopted City development regulations and other applicable regulations that apply to the property for which the City has enforcement responsibility;
(2)
Promote safe, efficient and harmonious use of land through application of City-adopted design standards and guidelines;
(3)
Promote the vision established by the Comprehensive Plan;
(4)
Ensure adequate public facilities to serve development;
(5)
Prevent or mitigate adverse development impacts, including overcrowding and congestion;
(6)
Aid evaluation and coordination of land subdivision;
(7)
Incorporate the assets of open space and natural features into the design of a site; and
(8)
Promote the public health, safety and welfare.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.05.03 Applicability.
Subsection 6.05 shall apply to the following:
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.05.04 Exemptions.
Agricultural buildings and temporary field construction offices/staging areas as permitted by the Building Inspection Division are exempted from the requirements of this Subsection 6.05. Site Plan Requirements.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.05.05 Submission of Applications.
Applications for approval of plans required by this Subsection 6.05. Site Plan Requirements are governed by Subsection 6.07. Vesting and Complete Application Filing Requirements.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.05.06 (Reserved)
(Ordinance 19-08-70 adopted 8/20/19)
§ 6.05.07 Preliminary Site Plan.
(A)
Preliminary site plan general.
The purpose of the Preliminary Site Plan is to:
(1)
Ensure compliance with applicable development regulations and previously approved, valid plans affecting development of the property;
(2)
Provide satisfactory vehicular and pedestrian connectivity to adjoining developments and within the site;
(3)
Promote the long-term viability of multi-parcel developments by providing visibility of internal tracts;
(4)
Determine the preliminary design of drainage facilities and utilities; and
(5)
Promote the health, safety and welfare of the public
(B)
Preliminary site plan applicability.
(1)
Prerequisite for a Site Plan:
a.
Except as provided in Subsection 6.05.07(B)(3), an approved, valid Preliminary Site Plan shall be required prior to the filing and consideration of an application for any Site Plan for and development of the following:
2.
Residential development having more than two dwelling units, including attached single-family residences (townhomes), multifamily residences and condominiums.
3.
Manufactured home parks; or
4.
Parking lot development, and reconstruction or reconfiguration of the parking lot by more than ten (10) percent.
b.
Failure to obtain approval of a Preliminary Site Plan, where a Preliminary Site Plan is required under this Ordinance, shall be grounds for denial or rejection of a Site Plan application.
(2)
Area Scope:
a.
A Preliminary Site Plan must include all contiguous property of common ownership, except that approved platted lots that are not part of the intended development may be shown for informational purposes only.
b.
Property which has been subdivided by metes and bounds, regardless of ownership, shall be included in the Preliminary Site Plan; since the subdivision of land was not conducted in accordance with the Subdivision Ordinance.
(C)
Preliminary site plan application procedure and requirements.
(1)
Preliminary site plan general application.
The property owner shall file an application for the approval of a Preliminary Site Plan. This application shall include the information listed on the Preliminary Site Plan Checklist, as it exists or may be amended, which shall be established and maintained by the Director, and published as part of the Development Application Handbook.
(2)
Preliminary site plan details for tracts greater than five (5) acres.
At a minimum, a Preliminary Site Plan that includes tracts greater than five (5) acres shall depict the following information.
a.
Estimated use and size of all buildings and amount of required parking. The exact location of the buildings is not required.
b.
The general design of adjacent public street improvements and right-of-way including existing or proposed deceleration lanes, median openings and left turn bays, location of driveways, drive aisles, cross access between internal developments, and access to properties adjacent to the subject site.
c.
Required landscape edges and buffers adjacent to thoroughfares and bordering properties.
d.
Existing natural and hydrological features including wetlands.
e.
Existing or proposed easements.
f.
Location and general size of drainage, detention and retention areas.
g.
Location of centralized or concentrated open spaces, screening and other site improvements.
(3)
Preliminary site plan details for tracts containing five (5) acres or less.
Existing or proposed tracts which contain five (5) or fewer net acres shall depict a greater level of detail than tracts in excess of five (5) net acres. A checklist of the required information shall be maintained by the Director.
(4)
Preliminary site plan additional requirements.
a.
The following plans shall be submitted with a Preliminary Site Plan as documents to aid in the review of the Preliminary Site Plan. These additional plans shall not be considered filed and shall not be acted on by the Director, the Planning & Zoning Commission or the City Council; however, failure to submit such plans, where such plans are required under this Ordinance, with the Preliminary Site Plan application shall be grounds for denial or rejection of the Preliminary Site Plan application:
b.
An Open Space Plan, where required under Subsection 4.13.03, shall be filed at the same time as the Preliminary Site Plan application and must be approved prior to consideration and approval of the Preliminary Site Plan, except as provided in Subsection 6.05.07(B)(3). Failure to submit such plan, where required under Subsection 4.13.03, with the Preliminary Site Plan application shall be grounds for denial or rejection of the Preliminary Site Plan application, except as provided in Subsection 6.05.07(B)(3).
1.
The Planning & Zoning Commission shall approve, deny, or approve with conditions the proposed open space plan based upon criteria listed in Subsection 4.13.03(G)(1)(a)–(c) [sic] (Open Space Recommendation). A denial of the Open Space Plan by the Planning & Zoning Commission shall result in denial of the Preliminary Site Plan.
(5)
Preliminary site plan standards of approval.
a.
The Planning & Zoning Commission may approve, conditionally approve or deny a Preliminary Site Plan based on:
1.
Conformance with the Comprehensive Plan and Adopted guidelines;
2.
Compliance with the Zoning Ordinance and other applicable regulations and previously approved, valid plans for the property;
3.
Impact on the site's natural resources (i.e., floodplain, drainage, trees, topography etc.) but excluding fence rows;
4.
Effect on adjacent and area property and land use;
5.
Safety and efficiency of vehicular and pedestrian circulation, traffic control and congestion mitigation;
6.
Safety and convenience of off-street parking and loading facilities;
7.
Access for firefighting and emergency equipment to buildings;
8.
Use of landscaping and screening to shield lights, noise, movement or activities from adjacent properties, and to complement the design and location of buildings and parking; and
9.
The location, size and configuration of usable open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
b.
In the event of a denial, the applicant may file a new Preliminary Site Plan application subject to the requirements and regulations in effect at the time the application is filed.
(6)
Preliminary site plan effect.
a.
City approval of a Preliminary Site Plan shall entitle the owner(s) to file an application for Site Plan approval for development of the entire site or a portion thereof provided that the Site Plan conforms to the Preliminary Site Plan and any conditions attached to its approval.
b.
During the time the Preliminary Site Plan remains valid, the location of buildings, landscaped areas, open space, streets, drives, fire lanes, median breaks, curb cuts and parking shall remain fixed except as to permit minor amendments meeting the requirements of Subsection 6.05.09(C) (Preliminary Site Plan (PSP) or Site Plan (SP) Amendments).
c.
Except where authorized by ordinance, a Preliminary Site Plan may not be used to approve an exception to development regulations.
d.
Where an approved Preliminary Site Plan conflicts with an adopted regulation and no variance or exception is expressly approved, the regulation shall apply.
(7)
Preliminary site plan lapse.
a.
The approval of a Preliminary Site Plan shall be effective for a period of two (2) years from the date of approval, at the end of which time the Preliminary Site Plan shall expire unless the applicant demonstrates to the Director that progress has been made toward the completion of the project for which the Preliminary Site Plan was approved or that a Site Plan has been approved.
b.
An expired Preliminary Site Plan is null and void.
c.
If the progress towards completion is only for a portion of the property, the Preliminary Site Plan for the remaining property shall expire.
d.
Any new Preliminary Site Plan submitted for review and approval shall be subject to the existing regulations at the time of submittal.
e.
A Preliminary Site Plan may be extended for a period not to exceed one (1) year beyond the Preliminary Site Plan's expiration date, subject to the applicant demonstrating to the Director that progress has been made towards the completion of the project for which the Preliminary Site Plan was approved. A written request for extension shall be submitted to the Director of Development Services at least thirty (30) calendar days prior to expiration of the Preliminary Site Plan, and shall include a detailed explanation and evidence demonstrating progress towards completion of the project.
1.
Decision by the director of development services.
(i)
The Director of Development Services will review the extension request and shall approve it, approve it with conditions, or deny the extension request within thirty (30) calendar days following the official filing date of the request.
(ii)
Should the Director of Development Services fail to act on an extension request within thirty (30) calendar days, the extension shall be deemed approved.
2.
Conditions.
In granting an extension, the decision-maker may impose such conditions as are needed to ensure that the project will be developed in a timely fashion and that the public interest is served by granting the extension. If the applicant fails to demonstrate progress towards completion of the project, an extension may be predicated upon compliance with new development regulations and/or the applicant waiving any vested rights.
3.
Appeal of denial of extension.
(i)
Appeal of the Director's Decision.
The denial of an extension by the Director of Development Services may be appealed to the Commission. A written request for such appeal shall be received by the Director of Development Services within fourteen (14) calendar days following the denial. The Commission shall hear and consider such an appeal within thirty (30) calendar days following the Director's receipt of the appeal request.
(ii)
Appeal of the Commission's Decision.
The denial of an extension by the Commission may be appealed to the City Council. A written request for such appeal shall be received by the Director of Development Services within fourteen (14) calendar days following the denial. The City Council shall hear and consider such an appeal within thirty (30) calendar days following the Director's receipt of the appeal request. The decision of the City Council is final.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2022-04-14 adopted 4/5/2022; Ordinance 2025-04-24 adopted 4/1/2025)
§ 6.05.08 Site Plan.
(A)
Site plan general information.
The Site Plan is a detailed plan of the public and private improvements to be constructed. The purpose of the plan is to:
(1)
Ensure compliance with applicable development regulations and previously approved, valid plans affecting development of the property;
(2)
Coordinate and document the design of public and private improvements to be constructed;
(3)
Coordinate the subdivision of land, including the granting of easements, rights-of-way, development agreements and provision of surety;
(4)
Promote the health, safety and welfare of the public; and
(5)
Identify and address environmental concerns (i.e., floodplain, drainage, trees, topography, etc.).
(B)
Site plan applicability.
(1)
Prerequisite for the Filing and Approval of Any Construction Plan and Permit. An approved, valid Site Plan is required prior to the filing and approval of any construction plan and permit for and development of the following:
b.
Residential development having more than two dwelling units, including attached single-family residences (townhomes), multifamily residences and condominiums;
c.
Manufactured home parks; or
d.
Parking lot development, and reconstruction or reconfiguration of a parking lot by more than ten (10) percent.
(C)
Site plan application filing and requirements.
(1)
Site plan application filing.
The property owner shall file an application for the approval of a Site Plan. This filing must include the information listed on the Site Plan Checklist, as it exists or may be amended, which shall be established and maintained by the Director and published as part of the Development Application Handbook.
(2)
Site plan additional requirements.
a.
An Open Space Plan, where an Open Space Plan is required under Subsection 4.13.03, must be filed at the same time as the Site Plan application and shall be considered and approved prior to approval of the Site Plan. A denial of the Open Space Plan shall result in denial of the Site Plan.
1.
Staff shall approve or deny the open space plan when submitted with the Site Plan if all the following conditions are met:
(i)
Valid Open Space Plan and Preliminary Site Plan approved by the Planning & Zoning Commission;
(ii)
Amenity types and dimensions (height, length, width) remain the same;
(iii)
Size of open space remains the same;
(iv)
Location of open space remains the same; and
(v)
General conformance to the quality of the design and amenities of the space, as approved by the Planning & Zoning Commission.
2.
If the above-mentioned conditions are not met, The Planning & Zoning Commission shall approve, deny, or approve with conditions the proposed open space plan based upon criteria listed in Subsection 4.13.03(G)(1)(a)–(c) [sic] (Open Space Recommendation).
b.
A Facade Plan, where a Facade Plan is required under Subsection 6.16, must be filed at the same time as the Site Plan application. Failure to obtain approval of a Facade Plan, where a Facade Plan is required under this Ordinance, shall be grounds for denial of the Site Plan.
c.
A Landscape Plan and a detailed Tree Survey shall be submitted with a Site Plan application as documents to aid in the review of the Site Plan. If required, a Traffic Impact Analysis, Traffic Circulation Study, and/or Flood Study shall be submitted with a Site Plan as documents to aid in the review of the Site Plan. These additional plans shall not be considered filed and shall not be acted on by the Director, the Planning & Zoning Commission or the City Council; however, failure to submit such plans, where such plans are required under this Ordinance, with the Site Plan application shall be grounds for rejection or denial of the Site Plan application.
(3)
Site plan standards of approval.
a.
Director approval scenario.
Where application for Site Plan approval is made for development defined on an approved, valid Preliminary Site Plan, the Director may approve, conditionally approve or deny the application based upon the criteria listed below.
b.
Planning & Zoning Commission approval scenario.
If cases where no Preliminary Site Plan exists, the Planning & Zoning Commission may approve, conditionally approve, table or deny a Site Plan based upon the criteria listed below.
c.
In the event of a denial, the applicant may file a new Site Plan application subject to the requirements and regulations in effect at the time the application is filed.
(4)
Approval criteria.
a.
Conformance with the Comprehensive Plan and adopted design guidelines.
b.
Compliance with the Zoning Ordinance and other applicable regulations and previously approved, valid plans for the property.
c.
The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.
d.
The width, grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
e.
The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary, and to complement the design and location of buildings and be integrated into the overall site design.
f.
The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
g.
Protection and conservation of soils from erosion by wind or water or from excavation or grading.
h.
Protection and conservation of water courses and areas subject to flooding.
i.
The adequacy of streets, water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.
j.
City taxes on the property are not delinquent.
(5)
Site plan effect.
a.
Approval of a Site Plan entitles the owner to apply for approval of building permits and engineering plans. Failure to obtain approval of a Site Plan, where a Site Plan is required under this Ordinance, shall be grounds for denial or withholding of building permits or engineering plans.
b.
Approval of a Site Plan shall not affect other applicable regulations concerning development and land use.
c.
Except where authorized by ordinance, a Site Plan may not be used to approve a variance to development regulations.
d.
Where an approved plan conflicts with an adopted regulation and no variance is expressly approved, the regulation shall apply.
(6)
Site plan lapse.
a.
Applications filed on or after September 1, 2005.
1.
For applications filed on or after September 1, 2005, the approval of a Site Plan shall be effective for a period of two (2) years from the date of approval, at the end of which time the Site Plan shall expire unless the applicant demonstrates to the Director that progress has been made towards completion of the project for which the Site Plan was approved.
2.
Submission and receipt of approval of engineering plans and building permits prior to expiration of the Site Plan shall be evidence of progress towards completion.
3.
If the progress towards completion is only for a portion of the property, the Site Plan for the remaining property, together with any Preliminary Site Plan for the property, shall expire.
4.
An expired Site Plan is null and void.
5.
Any new Site Plan submitted for review and approval shall be subject to the existing regulations at the time of submittal.
6.
A Site Plan may be extended for a period not to exceed one (1) year beyond the Site Plan's expiration date, subject to the applicant demonstrating to the Director that progress has been made towards the completion of the project for which the Site Plan was approved. A written request for extension shall be submitted to the Director of Development Services at least thirty (30) calendar days prior to expiration of the Site Plan, and shall include a detailed explanation and evidence demonstrating progress towards completion of the project.
(i)
Decision by the Director of Development Services.
A.
The Director of Development Services will review the extension request and shall approve it, approve it with conditions, or deny the extension request within thirty (30) calendar days following the official filing date of the request.
B.
Should the Director of Development Services fail to act on an extension request within thirty (30) calendar days, the extension shall be deemed approved.
(ii)
Conditions.
In granting an extension, the decision-maker may impose such conditions as are needed to ensure that the project will be developed in a timely fashion and that the public interest is served by granting the extension. If the applicant fails to demonstrate progress towards completion of the project, an extension may be predicated upon compliance with new development regulations and/or the applicant waiving any vested rights.
(iii)
Appeal of denial of extension.
A.
Appeal of the director's decision.
The denial of an extension by the Director of Development Services may be appealed to the Commission. A written request for such appeal shall be received by the Director of Development Services within fourteen (14) calendar days following the denial. The Commission shall hear and consider such an appeal within thirty (30) calendar days following the Director's receipt of the appeal request.
B.
Appeal of the commission's decision.
The denial of an extension by the Commission may be appealed to the City Council. A written request for such appeal shall be received by the Director of Development Services within fourteen (14) calendar days following the denial. The City Council shall hear and consider such an appeal within thirty (30) calendar days following the Director's receipt of the appeal request. The decision of the City Council is final.
b.
Applications filed before September 1, 2005.
1.
For applications filed before September 1, 2005, the approval of a Site Plan shall be effective for a period of eighteen (18) months from the date of approval by the Planning & Zoning Commission, at the end of which time the applicant must have submitted and received approval of engineering plans and building permits.
2.
If the engineering plans and building permits are not approved, the Site Plan approval, together with any Preliminary Site Plan for the property, is null and void.
3.
If engineering plans and permits have been approved only for a portion of the property and for improvements, the Site Plan for the remaining property and/or improvements, together with any Preliminary Site Plan for the property, shall be null and void.
c.
Expired site plans.
1.
For all expired Site Plans, the applicant shall be required to submit a new Site Plan and if required, a new Site Plan, for review and approval by the Planning & Zoning Commission subject to the then existing regulations.
2.
Site Plan approval shall expire upon completion of the improvements shown on the plan. Permits must remain valid during the construction process.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21; ; Ordinance 2025-04-24 adopted 4/1/2025)
§ 6.05.09 Site Plan Amendments.
As changes are proposed to an approved Preliminary Site Plan (PSP) or an approved Site Plan (SP), an applicant shall comply with the following review and approval processes.
(A)
Updates during construction plan reviews.
(1)
Updates made to a Site Plan based on modifications made during Construction Plan review shall require a new Site Plan application subject to the requirements and regulations in effect at the time the application is filed. Failure to submit a new Site Plan application in such an event shall be grounds for denial of the Construction Plan application.
(2)
The applicant shall submit as-built drawings prior to final acceptance for approval by the Director.
(B)
Substantially conforming site plans (SCSP).
(1)
This plan shall include, but is not limited to, corrections of distances and dimensions, adjustments of building configuration and placement, change in building area not to exceed 1,000 square feet or 10%, whichever is greater, changes to utility locations, modifications to the number or size of meters, the increase or decrease of the parking lot by more than ten (10) percent, and the addition of cellular antenna ground-mounted equipment where the use has been approved.
(2)
The property owner shall file an application for the approval of a Substantially Conforming Site Plan. The filing shall include the information listed on the Substantially Conforming Site Plan and Site Plan Checklists, as it exists or may be amended, which shall be established and maintained by the Director and published as part of the Development Application Handbook.
(3)
The filing of a Substantially Conforming Site Plan application shall include a Landscape Plans as documents to aid in the review of the Substantially Conforming Site Plan. This additional plan shall not be considered filed and shall not be acted on by the Director, the Planning & Zoning Commission or the City Council; however, failure to submit such plans, where such plans are required under this Ordinance, with the Substantially Conforming Site Plan application shall be grounds for denial or rejection of the Substantially Conforming Site Plan application.
(4)
The Substantially Conforming Site Plan shall be reviewed and approved or denied by the Director. If the Substantially Conforming Site Plan results in changes to the approved Construction Plan, a new Construction Plan application must be submitted subject to the requirements and regulations in effect at the time the application is filed. Failure to submit a new Construction Plan application in such an event shall be grounds for denial of the Substantially Conforming Site Plan.
(5)
An applicant may appeal the denial of a Substantially Conforming Site Plan to the Planning & Zoning Commission in accordance with Subsection 6.19 Appeals and the Appeal Process.
(6)
The expiration of a Substantially Conforming Site Plan shall be the same date of the originally approved Site Plan. In cases where a Site Plan has already expired, the Substantially Conforming Site Plan shall expire six (6) months from the date of approval during which time all permits shall be issued for construction.
(7)
Depending on the changes proposed, other approvals may be required. If required, a Facade Plan application in accordance with Subsection 6.16 shall be filed at the same time as the Substantially Conforming Site Plan application. Failure to obtain approval of a Facade Plan, where a Facade Plan is required under this Ordinance, shall be grounds for denial or rejection of the Substantially Conforming Site Plan.
(8)
Failure to submit the plans described in this subsection with the Substantially Conforming Site Plan application shall be grounds for rejection or denial of the Substantially Conforming Site Plan application.
(C)
Preliminary site plan (PSP) or site plan (SP) amendments.
(1)
The procedure for amending a Preliminary Site Plan or Site Plan depends on the type of change being proposed and shall follow the requirements for minor amendments and major amendments, as follows:
a.
A minor amendment to a Preliminary Site Plan shall be approved on the corresponding Site Plan. A minor amendment to a Site Plan shall be approved on a Substantially Conforming Site Plan A minor amendment shall be defined as an amendment that meets each of the following criteria:
1.
A building does not move closer to an abutting residential property;
2.
A building's height does not increase;
3.
A building's size does not change by more than ten (10) percent or 1,000 square feet or more, whichever is greater;
4.
Screening remains the same;
5.
Cross access remains the same;
6.
Open Space remains the same; and
7.
Parking lot does not increase or decrease by more than ten (10) percent.
b.
Where an amendment to a Preliminary Site Plan or Site Plan does not meet all of the criteria for a minor amendment, a major amendment to the Preliminary Site Plan or Site Plan must be processed through the usual and customary Preliminary Site Plan or Site Plan procedure described in Subsection 6.05.
1.
The approved Preliminary Site Plan or Site Plan for which the major amendment is proposed shall be null and void upon the filing of a new Preliminary Site Plan or Site Plan application.
2.
If a major amendment to a Preliminary Site Plan or Site Plan is proposed after the Preliminary Site Plan or Site Plan application has been filed, but not yet approved or otherwise acted on, the Preliminary Site Plan or Site Plan under review is automatically withdrawn and a new application for a Preliminary Site Plan or Site Plan must be filed.
3.
A major amendment requiring the filing of a new Preliminary Site Plan or Site Plan application shall be considered a new project and shall be evaluated under the regulations in effect at the time the application is submitted.
4.
The new plan application requires approval by the Planning & Zoning Commission.
5.
For appeals of Preliminary Site Plan or Site Plan decisions, see Appeals and the Appeal Process.
6.
The new Preliminary Site Plan or Site Plan shall expire two (2) years from the date of Planning & Zoning Commission approval.
7.
Construction plans and building plans associated with the project that have been submitted or approved shall be updated with a new construction plan or building plan filing. The construction of the modified improvements shall not occur until after the approval of a new Site Plan or Substantially Conforming Site Plan.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.05.10 Revocation of Site Plan Approval.
The City Council or the Planning & Zoning Commission may revoke approval of a Preliminary Site Plan or Site Plan if it determines that the conditions of the approval have not been met; if the plan contains, or is based upon, incorrect information; or if it is determined that the approval was obtained using fraud or deceit.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.05.11 Additional Development and Redevelopment.
(A)
Additional development, site modifications, or redevelopment.
Following the completion of improvements shown on an approved Site Plan, additional development, site modifications, or redevelopment of the site shall be permitted subject to the approval of a revised Site Plan, which shall be considered a new project and shall require submittal of a revised Site Plan and the approval of the Planning & Zoning Commission under the regulations, requirements and procedures then in effect.
(B)
Minor expansions and redevelopment.
Minor expansions and redevelopment may be approved by the Director under the terms of 6.05.09. Site Plan Amendments.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.05.12 Design Standards and Specifications.
(A)
Incorporation of design standards and specifications.
The following design standards and specifications, as they exist or may be amended, are required in addition to the design standards and specification set forth in this ordinance:
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.06.01 Authority to Amend Ordinance.
(A)
Authority.
The City Council may from time to time, after receiving a final report thereon by the Planning & Zoning Commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the Zoning District Map.
(B)
Ordering changes or amendments.
(1)
The Planning & Zoning Commission or City Council may order the consideration of any changes or amendments to the Zoning Ordinance.
(C)
Planning & Zoning Commission recommendation required.
In no case shall the City Council act upon any zoning request prior to recommendation by the Planning & Zoning Commission.
(D)
Zoning amendment application submittal.
(1)
Each applicant for zoning or for an amendment or change to the existing provisions of this Zoning Ordinance shall submit a zoning application to the Director on or before a scheduled submission date and shall be accompanied by payment of the appropriate fee as established by the City.
(2)
All applications received on a date other than an official submittal date shall be dated received on the next official submittal date.
(3)
Applications must be complete for acceptance.
(E)
Additional considerations.
(1)
Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner, or by the Planning & Zoning Commission or City Council on its own motion when it finds that public benefit will be derived from consideration of such matter.
(2)
In the event the ownership stated on an application and that shown on the City records are different, the applicant shall submit written proof of ownership.
(3)
The advertisement of a zoning change or Specific Use Permit shall be initiated by staff upon receipt of applicant's written response to staff's recommendation. The response shall indicate whether the applicant agrees or disagrees with the staff recommendation. Where the applicant disagrees with any portion of the recommendation, the applicant shall cite the reasons for the disagreement.
(F)
Zoning application details.
(1)
To ensure the submission of adequate information, the Director is hereby empowered to maintain and distribute a list of specific requirements for zoning applications and update, modify such requirements as deemed necessary by the Director.
(2)
Upon periodic review, the Development Services staff shall have the authority to update such requirements for zoning application details.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.06.02 Zoning Amendments Process, Public Hearing and Notice.
(A)
Zoning district change (Zoning Map amendment).
(1)
Zoning signs.
a.
For each application for a zoning district change or specific use permit, the property owner or his/her representative shall erect signs on the property to provide notice of the requested change fourteen (14) calendar days prior to the first public hearing scheduled to discuss the applicable zoning case. The property owner shall be responsible for maintaining the Zoning Signs on the property throughout the zoning case. No such sign shall be required for a request before the Board of Adjustment.
b.
The property owner or his/her representative must provide verification with a photograph the Zoning Signs are erected at the property fourteen (14) calendar days prior to the first public hearing scheduled to discuss the applicable zoning case. Failure to post the Zoning Signs as required in this subsection and/or failure to submit the required verification of timely posting shall result in the postponement of consideration of the zoning case.
c.
The property owner or his/her representative must remove the Zoning Signs:
1.
Within three (3) calendar days after the City Council's approval of the Ordinance that rezones the property;
2.
Within fifteen (15) calendar days after the Planning & Zoning Commission denies the request, unless an appeal to the City Council is made; or
3.
Within three (3) calendar days after the City Council denies the zoning request.
d.
The number and placement of the Zoning Signs shall be determined by the Director of Development Services or his/her designee.
e.
Development Services shall maintain the criteria for the required number, placement, size and content of the Zoning Signs, and each sign must comply with the criteria.
(2)
One Planning & Zoning Commission public hearing required.
Prior to making its report to the City Council, the Planning & Zoning Commission shall hold at least one public hearing on each application.
(3)
Written notice of the Planning & Zoning Commission public hearing.
Before the tenth (10th) calendar day before the hearing date before the Planning & Zoning Commission, written notice of each public hearing before the Planning & Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved Municipal Tax Roll, of property within two hundred (200) feet of the property in which the change in classification is proposed. This notice is served by deposit in the United States Postal Service.
(4)
Published notice of the City Council public hearing.
Notice of City Council public hearing shall be given by publication in the official newspaper of the City and on the City website, stating the time and place of such public hearing, a minimum of fifteen (15) calendar days prior to the date of the public hearing.
(B)
Zoning text amendment.
(1)
Published notice prior to public hearing.
Notice of public hearings on proposed changes in the text of the Zoning Ordinance shall be accomplished by publication not less than fifteen (15) calendar days prior to both the Planning & Zoning Commission and City Council meetings thereto in the official newspaper of the City and on the City website.
(2)
Exemption.
Changes in the ordinance text that do not change zoning district boundaries do not require written notification to individual property owners.
(C)
Joint public hearing option.
(1)
Whenever an application for a Zoning Map Amendment or Zoning Text Amendment must be preceded by a public hearing before both the Planning & Zoning Commission and the City Council, the Commission and the Council may conduct a joint public hearing (in accordance with Texas Local Government Code 211.007(d)) and take action on the application in the following manner:
a.
The Council shall establish the date of the joint public hearing by motion at a regular or special meeting;
b.
The Council shall cause notice of the joint public hearing to be provided as required by subsection 6.06.02(A)/6.06.02(B), or, by a vote of two-thirds (2/3) of its members, may prescribe a different type of notice for the joint public hearing;
c.
The Commission and the Council shall be convened for the hearing and for any action to be taken on the petition or application; and
d.
The Commission and the Council may take action on the petition or application at the same meeting, provided that the Council shall not take action until the recommendation of the Commission has been received.
(2)
Special notice.
a.
Pursuant to Texas Local Government Code Section 211.007(d), the City Council may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by the City Council and the Planning & Zoning Commission.
b.
If notices are prescribed under this subsection, then notice requirements within 6.06.02(A) and 6.06.02(B) do not apply.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2025-08-41 adopted 8/19/2025)
§ 6.06.03 Failure to Appear Before the Commission.
The Planning & Zoning Commission may deny a zoning application if the applicant or representative fails to appear at one (1) or more hearings before the Planning & Zoning Commission.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.06.04 Planning & Zoning Commission Consideration and Report.
(A)
Planning & Zoning Commission vote.
The Planning & Zoning Commission, after the public hearing is closed, may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application.
(B)
Planning & Zoning Commission table.
The Planning & Zoning Commission may table for not more than ninety (90) calendar days from the time it is posted on the agenda until it has had opportunity to consider other proposed changes which may have a direct bearing thereon.
(C)
Planning & Zoning Commission consideration.
In making their determination, the Planning & Zoning Commission shall consider, among other things, the following factors.
(1)
Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole.
(2)
Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings.
(3)
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances that may make a substantial part of such vacant land unavailable for development.
(4)
The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.
(5)
How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also.
(6)
The impact on the environment regarding the floodplain, riparian areas, topography, and vegetation.
(7)
Whether the request is consistent with the comprehensive plan and other master plans.
(8)
Any other factors which will substantially affect the health, safety, morals, or general welfare.
(9)
Findings of a Traffic Impact Analysis (TIA), if required.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.06.05 City Council Consideration.
(A)
Proposal recommended for approval by the commission.
(1)
Every proposal which is recommended favorable by the Planning & Zoning Commission shall be automatically forwarded to the City Council for setting and holding of public hearing thereon or as amended by the City Charter.
(2)
No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.
(B)
City Council consideration and action.
(1)
City Council, after the public hearing is closed, may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application.
(C)
Three-fourths City Council vote required for protested amendments subject to the Texas Local Government Code, § 211.0061(b)(1)–(2).
(1)
Documented protest requirements.
a.
Documented protest filing.
Protests against proposed amendments shall be filed no later than 12:00 p.m. on the Monday before the date of the first public hearing.
b.
Documented protest participant requirements.
1.
Interior Protester: The owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area included within a proposed amendment boundary may participate in a documented protest for a specific case.
2.
Exterior Protester: The owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area within a two hundred (200) foot radius of the exterior boundary of the area included in a proposed amendment may participate in a documented protest for a specific case.
 Figure 6.06.05.1: Documented Protest Participant Requirements |
(2)
Documented protest effect.
If a documented protest subject to the Texas Local Government Code, § 211.0061(b)(1) or (b)(2), as defined in 6.06.05(C)(1) above, against a proposed amendment, supplement, or change to a zoning regulation or boundary has been filed with the Director, then such amendment shall not become effective except by the affirmative vote of three-fourths (3/4) of all members of the City Council.
(C1)
Majority City Council Vote Required for Protested Amendments subject to the Texas Local Government Code, § 211.0061(b)(3).
(1)
Documented protest requirements.
a.
Documented protest requirements.
Protests against proposed amendments subject to the Texas Local Government Code, § 211.0061(b)(3), shall be filed at least seven calendar days before the date of the public hearings.
b.
Documented protest participant requirements.
The owners, duly signed and acknowledged, of sixty (60) percent or more of the lots or land area within a two hundred (200) foot radius of the exterior boundary of the area included in a proposed amendment may participate in a documented protest for a specific case if it would have the effect of allowing more residential development than the existing zoning regulation or district boundary and does not have the effect of allowing additional commercial or industrial uses unless the additional use is limited to the first floor of any residential development and does not exceed 35 percent of the overall development, as described in Texas Local Government Code, § 211.0061(b)(3).
(2)
Documented protest effect.
If a documented protest subject to Texas Local Government Code, § 211.0061(b)(3) as defined in Subsection (C.1)(1) above, against a proposed amendment, supplement, or change to a zoning regulation or boundary has been filed with the Director, then such amendment shall not become effective except by the affirmative vote of a majority of all members of the City Council.
(E)
Final approval and ordinance adoption.
(1)
Approval of any zoning change or amendment by the City Council at the scheduled public hearing shall constitute instruction to City staff to prepare the appropriate ordinance for final formal passage at a subsequent time.
(2)
If finally approved by the required number of votes, the ordinance shall be executed by the Mayor.
(3)
The Ordinance shall become effective from and after its adoption and publication as required by law and the City Charter.
(Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2025-08-41 adopted 8/19/2025)
§ 6.07.01 Filing Procedures.
(B)
The Development Application Handbook (as defined in Subsection 7.01), as exists or may be amended, shall prescribe the procedure to file.
(C)
All applications and filings shall occur only on official Development Review Schedule dates, published as part of the Development Application Handbook and mandated by Subsection 6.07.03.
(D)
If an application or filing is rejected by the Development Services Department, then it is not considered filed under this Ordinance and the law or regulation governing the application or filing, including Chapter 212 of the Texas Local Government Code, if applicable.
(E)
Any application submitted on a date other than an official Development Review Schedule Date shall be rejected and shall not be considered filed under this Ordinance and the law or regulation governing the application or filing, including Chapter 212 of the Texas Local Government Code, if applicable.
(F)
Modification of Applications Prior to Approval. The applicant may modify any complete application following its filing and prior to the expiration of the period during which the City is required to act on the application, as follows:
(1)
The modification is for revisions requested by the City, and the modification is received at least fourteen (14) calendar days prior to the time scheduled for decision on the application. The application shall be decided within the original period for decision (from the original official filing date.
(2)
Any other modifications to an application will not be accepted.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.07.02 Incomplete Application Procedures.
(A)
Period of time for determining incomplete application.
On or before the tenth (10th) calendar day after an application is filed with the Development Services Department, the City shall determine if an application is complete.
(B)
Determination of incomplete applications.
If the application does not contain all information and/or does not conform to all standards required by any ordinance, checklist, law or regulation governing the application, then it shall be considered incomplete and rejected.
(C)
City shall provide notice of incomplete applications.
(1)
Written Notice Delivery Methods: The City shall reject all incomplete applications and provide written notice of the failure to the applicant by one of the following methods:
(2)
The written notice need not identify all reasons why the application was deemed incomplete. If the notice contains one or more reasons why the application was deemed incomplete, addressing the reason(s) identified in the notice does not guarantee acceptance of a subsequent application.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.07.03 Development Review Schedule Dates.
The Director shall publish schedules of the official development review processing dates as follows:
(A)
A Development Review Schedule for all land development applications and filings excluding Construction Plans (except those described in Subsection 6.07.03(B)) for the period October 1 to September 30 of each year shall be set by the Planning & Zoning Commission on or before September 1 of each year and shall be published as part of the Development Application Handbook. Any changes or amendments to the approved schedule requires Planning & Zoning Commission Approval. Any application submitted on a date other than an official Development Review Schedule Date shall be rejected and shall not be considered filed under this Ordinance and the law or regulation governing the application or filing, including Chapter 212 of the Texas Local Government Code, if applicable.
(B)
A Disapproval Development Review Schedule for the period October 1 to September 30 of each year shall be set by the Planning & Zoning Commission on or before September 1 of each year and shall be published as part of the Development Application Handbook. Any changes or amendments to the schedule requires Planning & Zoning Commission Approval. The Disapproval Development Review Schedule shall govern an applicant's response to the conditional approval or disapproval of a plat subject to the Texas Local Government Code, § 212.0093. Any application submitted on a date other than an official Development Review Schedule Date shall be rejected and shall not be considered filed under this Ordinance and the law or regulation governing the application or filing, including the Texas Local Government Code, chapter 212, if applicable.
(C)
Zoning/Specific Use Permit and Planned Development Zoning Development Review Schedules for the period October 1 to September 30 of each year shall be set by the Planning & Zoning Commission on or before September 1 of each year and shall be published as part of the Development Application Handbook. Any changes or amendments to the schedule requires Planning & Zoning Commission Approval. Any application submitted on a date other than an official Development Review Schedule Date shall be rejected and shall not be considered filed under this Ordinance and the law or regulation governing the application or filing, including Chapter 212 of the Texas Local Government Code, if applicable.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2025-08-41 adopted 8/19/2025)
§ 6.07.04 Fees, Forms and Procedures.
(A)
Schedule of fees.
The City Council shall establish a schedule of fees relating to application approval processes.
(B)
Delinquent taxes.
No application shall be approved for properties with delinquent City taxes.
(C)
Procedures, forms and standards.
The Director shall establish procedures, forms and standards with regard to the content, format and number of copies of information constituting an application.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.07.05 Mandated Action for Permits.
If an ordinance, law or regulation mandates that an application be acted upon, or deemed approved by the City if it is not acted upon, within a specified time period that is too short to allow the City to wait for the documents or information required to be requested in a Notice of Incomplete Application, the City may process the application to determine whether it is approved or denied.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.07.06 Zoning Applications.
(A)
Complete applications required.
(1)
No zoning application or request shall be accepted unless it is accompanied by a completed application and all documents required by and prepared in accordance with the requirements of the Zoning Ordinance, the Zoning or Planned Development Checklist, as amended from time to time, which shall be established and maintained by the Director and published as part of the Development Application Handbook, or and any other applicable ordinance, and it is filed with the Director.
(2)
If the applicant is requesting a change in land use, development standards, and/or any other City regulation (i.e. Building Code, Fire Code, etc.) shall provide written documentation to support such request with the filing of the application.
(B)
Texas Local Government Code Chapter 245 does not apply to zoning applications.
(1)
Chapter 245 of the Texas Local Government Code, as amended, shall not apply to a zoning application or an ordinance establishing zoning since neither is a permit under this Zoning Ordinance or Chapter 245.
(C)
Denial of zoning applications.
(1)
The acceptance or processing by any City official of a zoning application prior to the time a complete application is submitted hereby is deemed to be null and void and, upon discovery, shall be grounds for rejection or denial of such application.
(2)
A typographical error shall not constitute an incomplete application.
(3)
The applicant may be notified of such rejection or denial for an incomplete zoning application in writing.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.07.07 No Accrual of Vested Rights From Specific Applications.
No rights derived from Chapter 245 of the Texas Local Government Code, as amended, shall accrue from an application for a permit that expires, from an application for a permit that is denied or from an application that does not provide fair notice.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.07.08 30-Day Action Extensions Request.
(A)
Request.
An applicant may submit in writing a request to extend the 30-day action in relation to the decision time for plats of thirty (30) days, as mandated by State law.
(B)
Received.
If the applicant requests an extension, such request must be received by the municipal authority on or before the eleventh (11th) calendar day prior to the municipal authority's deadline to act.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.08.01 Progress Towards Completion Defined.
For purposes of this 6.08.01 Progress Towards Completion Defined, progress toward completion of the development of land shall be considered to have occurred if as of May 11, 2000:
(A)
No expiration date.
The approved application did not have an expiration date; and
(B)
Progress benchmarks.
Any one or more of the following had occurred.
(1)
An application for a Final Plat or plan was properly filed in accordance with City ordinances, and said Final Plat or plan has not expired.
(2)
A good-faith attempt was made to file an application for a permit required to begin or continue towards completion of the development.
(3)
Costs were incurred for developing the project, including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the development (but not including the cost of land acquisition) in the aggregate amount of five (5) percent of the most recent appraised value of the real property on which the project is located.
(4)
Fiscal security was posted with the City, or other regulatory agency, to ensure performance of obligations required by City ordinances and/or regulatory agencies.
(5)
Utility connection fees or impact fees for the project were paid to the appropriate authority or regulatory agency.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.08.02 Expiration Date for Project and Permits Filed on or After September 1, 2005.
(A)
Projects.
For projects commenced on or after September 1, 2005 by the filing of an application for a permit, the project shall expire on the fifth (5th) anniversary of the date the first application for a permit that was approved by the City was filed if there is no progress towards completion.
(1)
Following expiration of a project, any new applications for permits submitted for a project shall be subject to the then existing regulations.
(B)
Permits.
Applications for a permit filed on or after September 1, 2005, for which the application does not expire pursuant to 6.07.01. Incomplete Application Procedures or for which the permit is subsequently approved, the application for a permit and/or the permit shall expire two (2) years from the date the application for a permit was filed if there is no progress towards completion.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.08.03 Expiration Date for Permits Filed Before September 1, 2005 and Approved on or After May 11, 1999.
(A)
Expiration date specified.
Applications for permits and projects filed with the City before September 1, 2005 and approved on or after May 11, 1999 shall be valid for the period of time specified in the ordinances that existed on the date the application for permit was filed.
(B)
No expiration date specified.
If the approved application did not have an expiration date, then the permit shall be valid for eighteen (18) months beginning on the date the application for permit was filed.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.09.01 Purpose and Applicability.
(B)
Variance criteria.
A variance may be granted only if the Board finds that:
(1)
The requested variance is not contrary to the public interest; and
(2)
The requested variance does not violate the intent of the Zoning Ordinance, as amended; and
(3)
The requested variance allows the spirit of the Zoning Ordinance to be observed and substantial justice done; and
(4)
The requested variance would not cause injury to or restrict development on any other parcel of land; and
(5)
The requested variance is not needed merely to promote economic gain or to prevent economic loss; and
(6)
A literal enforcement of the Zoning Ordinance would result in an unnecessary hardship. An unnecessary hardship only exists when a variance is needed to permit development of a specific parcel of land that differs from other parcels of land by being of such a restrictive area, shape, or slope that it cannot be developed in a manner commensurate with the development upon other parcels of land with the same zoning; and
(7)
The unnecessary hardship, if any, is neither self-created nor personal to the owner of the parcel of land.
(C)
Variance limitations.
(1)
Completed action required before a variance. An application or request for a variance shall not be heard or granted with regard to any parcel of property or portion thereof upon which a Preliminary Site Plan, Site Plan, Preliminary Plat or Final Plat, when required by the Zoning Ordinance or the Subdivision Ordinance for any parcel of property or portion thereof, has not been finally acted upon by both the Planning & Zoning Commission and, where required, by the City Council.
(2)
Exhausted all other options. The administrative procedures and requirements of the Zoning Ordinance, and any amendments thereto, with regard to both the Planning & Zoning Commission and City Council consideration and action, on Preliminary Site Plans, Site Plans, Preliminary Plats, and Final Plats, must be exhausted prior to requesting a variance.
(D)
Public hearing required.
(1)
The Board of Adjustment shall hold a public hearing for each variance applicant and shall provide the notice and public hearing required by this ordinance.
(2)
At the public hearing, the Board of Adjustment shall consider public comments, the Director's recommendation, and other applicable information and shall approve, approve with conditions, or deny the variance application.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.10.01 Special Exception Criteria.
The Board may issue a special exception to grant nonconforming status for a structure that did not conform to this Ordinance when it was constructed or established, if the Board finds:
(A)
The nonconformity was clearly and specifically shown in plans and specifications duly submitted to obtain a City permit;
(B)
Before the work was done, neither the owner, the designer, the surveyor, the contractor nor any other person assisting with the work knew about the nonconformity;
(C)
The nonconformity was clearly covered by the City permit (the same permit for which the plans and specifications were submitted), and the permit was otherwise regularly issued;
(D)
After learning of the nonconformity, the owner promptly conferred with the administrative official and voluntarily halted any further nonconforming work;
(E)
The item will cause no health or safety hazard and no significant impact upon another person or property; and
(F)
The item can be brought into conformity with this Ordinance within the time period specified in the special exception, at a modest or reasonable cost.
(1)
Exception: Bringing the item into conformity need not be required if the Board finds that the impact of the item on other persons or properties is either nil or extremely small.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.10.02 Time to Comply; Conditions.
No such special exception is effective unless it specifies a time period within which the item must be brought into conformity with this Ordinance (if required; see above). Nonconforming status granted for a specified time period is lost when the specified time period expires or if ownership is sooner transferred (unless the new owner acknowledges both the special exception and the date the time period expires, by written instrument filed with the administrative official before the transfer). Any special exception issued under this section may contain conditions designed to:
(A)
Reduce nonconformity;
(B)
Mitigate (or compensate for) the effects of nonconformity;
(C)
Achieve conformity sooner than the specified time period; or
(D)
Any combination of the foregoing.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.11.01 Initiation of Compliance Case.
Only the City Council, by majority vote, may request that the Board of Adjustment consider establishing a compliance date for a nonconforming use.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.11.02 Public Hearing Process.
Upon receiving a request under 6.11.01. Initiation of Compliance Case from the City Council, staff shall schedule the First Public Hearing before the Board. The Board may establish a compliance date only after holding two separate hearings.
(A)
First public hearing.
The Board shall hold a public hearing to determine whether continued operation of the nonconforming use will have an adverse effect on nearby properties. If, based on the evidence presented at the public hearing, the Board determines that continued operation of the use will have an adverse effect on nearby properties, it shall schedule a second public hearing to establish a compliance date for the nonconforming use; otherwise, it shall not. In determining whether the continued operation will have an adverse effect on nearby properties, the Board shall consider the following factor.
(1)
The character of the surrounding neighborhood.
(2)
The degree of incompatibility of the use with the zoning district in which it is located.
(3)
The manner in which the use is being conducted.
(4)
The hours of operation of the use.
(5)
The extent to which continued operation of the use may threaten public health or safety.
(6)
The environmental impacts of the use's operation, including but not limited to the impacts of noise, glare, dust, and odor.
(7)
The extent to which public disturbances and nuisances may be created or perpetuated by continued operation of the use.
(8)
The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use.
(9)
Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties.
(10)
Notwithstanding anything to the contrary, the Board cannot amortize a use described in 6.01.01(C)(1) unless it finds that the use is a nuisance and/or that the use presents a risk of imminent destruction of property or injury to persons.
(B)
Second public hearing.
(1)
If the Board has determined in the first public hearing that the nonconforming use has an adverse effect on nearby properties, it shall hold a second public hearing to set a date for compliance. The Board shall, in accordance with the law, provide a compliance date for the nonconforming use under a plan whereby the owner's actual investment in the use before the time that the use became nonconforming can be amortized within a definite time period. The following factors must be considered by the Board in determining a reasonable amortization period.
a.
The owner's capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use became nonconforming.
b.
Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages.
c.
Any return on investment since inception of the use, including net income and depreciation.
d.
The anticipated annual recovery of investment, including net income and depreciation.
e.
A reasonable wind-up period for the nonconforming use.
(2)
If the Board, at the first public hearing, requests financial documentation and/or records from the owner relating to the factors listed directly above, the owner shall provide said documents and/or records at least thirty (30) days before the second public hearing. If the owner does not provide said documentation, the Board is authorized to make its determination of a compliance date based upon any reasonably available public records as well as public testimony at the hearing. Failure by owner to provide the requested financial documents and records shall not prevent the Board from setting a compliance date.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.11.03 Ceasing Operations.
If the Board establishes a compliance date for a nonconforming use, the use must cease operations on that date and it may not operate thereafter unless it becomes a conforming use.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.11.04 Definitions.
For purposes of this subsection, "owner" means the owner of the nonconforming use at the time of the Board's determination of a compliance date for the nonconforming use.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.11.05 Finality of Decisions.
(A)
Decisions that cannot be immediately appealed.
A decision by the Board that the continued operation of a nonconforming use will have an adverse effect on neighboring property and the Board's decision to schedule a second public hearing to establish a compliance date are not final decisions and cannot be immediately appealed.
(B)
Decision to deny a request to establish a compliance date.
A decision by the Board to deny a request to establish a compliance date is final unless appealed to state court within ten (10) calendar days in accordance with Chapter 211 of the Local Government Code.
(C)
Decision setting a compliance date.
A decision by the Board setting a compliance date is final unless appealed to state court within ten (10) calendar days in accordance with Chapter 211 of the Local Government Code.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.12.01 Reinstatement of Nonconforming Rights.
(A)
Loss of nonconforming rights status.
If the Director and/or his designee determines that a nonconforming use has been permanently abandoned under 1.06.04(B) Reinstatement of Nonconforming Use Rights and has lost its nonconforming rights, the use shall not be instituted on that parcel or other parcel in any district which does not permit the discontinued use.
(B)
Notice to owner and/or operator required.
Notice of this determination shall be made in writing to the owner and/or operator of the abandoned nonconforming use.
(C)
Application for nonconforming rights reinstatement.
(1)
The owner and/or operator of the abandoned nonconforming use may submit a written application to the Board to have the nonconforming rights reinstated.
(2)
Written application for reinstatement of nonconforming rights must be made within ten (10) business days after the Director and/or his designee issues the written notice of determination that a use has been permanently abandoned.
(D)
Board decision.
The Board may reinstate nonconforming rights only if the Board finds there was a clear intent not to abandon the use even though the use was discontinued for six (6) months or more. The failure of the owner and/or operator to remove on-premises signs shall not be considered (on its own) evidence of a clear intent not to abandon the use.
§ 6.13.01 Process.
(A)
Landscape plan submission.
(1)
The Landscape Plan shall be submitted with the Preliminary Site Plan, Site Plan and Substantially Conforming Site Plan as a document to aid in the review of the Preliminary Site Plan, Site Plan, and Substantially Conforming Site Plan. The Landscape Plan shall not be considered formally filed and shall not be acted on by the Director, the Planning & Zoning Commission or the City Council when submitted with such plans; however, failure to submit such plan, where such plan is required under this Ordinance, with the Preliminary Site Plan, Site Plan, or Substantially Conforming Site Plan shall be grounds for denial or rejection of the Preliminary Site Plan, Site Plan, or Substantially Conforming Site Plan application.
(2)
Landscape Plans, including but not limited to Planting Plans, Open Space Plans, Planting Details, and Grading Plans, shall be prepared, stamped, and signed by a Landscape Architect registered in the State of Texas, and submitted for review.
(3)
Irrigation drawings shall be prepared, stamped, and signed by an irrigator licensed by the State of Texas.
(B)
Landscape plan approval.
(1)
The landscape documents required under this section shall be filed for review and approval with the Construction Plans.
(2)
Landscape Plans shall comply with Subsection 4.02 Landscape Requirements and shall include the information listed on the Landscape and Screening Plan Checklist, as it exists or may be amended, which shall be established and maintained by the Director and published as part of the Development Application Handbook.
(3)
The provisions of this Subsection shall be administered and enforced by the Director.
(4)
Permits for building, paving, utilities, or construction shall not be issued prior to an approval and construction release of required landscape documents by the City, unless approved by the Director.
(5)
Tree preservation requirements shall be met prior to construction release with a tree permit obtained pursuant to Subsection 4.01 Tree Preservation Requirements prior to removal of trees and existing site vegetation.
(6)
An approved Landscape Plan shall expire when the approved Construction Plans with which it was submitted expire.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2024-05-21 adopted 5/7/2024)
§ 6.13.02 Review Criteria.
(A)
Objectives.
The following criteria shall be used to evaluate proposed Landscape Plans:
(1)
The landscape design should have proportion, balance, unity, variety of species, and a variety of color throughout the seasons.
(2)
Landscape designs should define spaces including entrance areas, pedestrian paths, vehicular avenues, parking areas, sitting areas, etc.
(3)
As an architectural feature, landscape designs should visually soften the mass of the buildings, parking areas, and other structures.
(4)
Indigenous landscape materials should be selected whenever feasible.
(5)
Landscaping should:
a.
Reduce the reliance on irrigation, thus conserving the public water supply;
b.
Minimize erosion pursuant to best management practices acceptable the Director of Engineering Services;
c.
Allow groundwater recharge pursuant to practices approved by the Director of Engineering Services;
d.
Shade seating, walking and outdoor activity areas;
e.
Provide a barrier between vehicles and pedestrians;
f.
Diminish the intrusion of headlights and other glare;
g.
Provide a natural habitat for birds and other wildlife;
h.
Shield buildings from winter wind and summer sun thereby conserving energy; and
i.
Enhance overall character and ecological function of the site through and restoration of native vegetation, and eradication of invasive species.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.14.01 Planned Development Requirements.
(A)
Modified development requirements.
Development requirements for each PD District shall be set forth in the amending Ordinance granting the PD District and shall include, but may not be limited to standards listed in the following documents:
(B)
Reference base zoning district.
When referencing a base zoning district, the PD ordinance will not have to provide any of the references listed in 6.14.01(A) above unless they vary from the zoning district requirements.
(C)
Different standards list.
(1)
All applications to the City for PD zoning shall list all requested standards differing from the normal requirements set forth throughout this Ordinance and related City development requirements.
(2)
All applications without this list will be considered incomplete.
(3)
The list shall be provided in the form of a comparison table that lists all current standards and the corresponding proposed standards for the PD District.
(4)
The applicant shall provide written justification for the PD request and associated standards, including a statement of impact on public health, safety, and welfare.
(D)
Two PD types.
Two types of PDs can be requested, an overlay PD and a freestanding PD, described below.
(1)
Overlay PD District: In the overlay PD District, uses shall conform to the standards and regulations of the base zoning district.
a.
The particular zoning district must be stated in the granting ordinance.
(2)
Freestanding PD District: In the freestanding PD District, any use may be allowed for any district that is listed in this Ordinance.
a.
All standards and uses shall be outlined within the granting ordinance and the PD shall be in conformance with the purpose and intent of the Comprehensive Plan.
b.
A base zoning district shall be assigned and stated within the granting ordinance at the time of City Council approval of the ordinance.
c.
This base zoning district will be used when any specific regulations are not listed in the granting ordinance.
(E)
PD application materials submitted.
An applicant for a PD District shall submit all materials required by this Zoning Ordinance, including but not limited to subsection (C) above, with the application.
(1)
The Director shall send written notice, within fourteen (14) calendar days after the date the application is filed, to any applicant that has submitted incomplete materials stating the remaining documents or other information needed to make the application complete.
(2)
The application for a PD District shall expire on the forty-fifth (45th) calendar day after the date the application was filed if the applicant fails to submit the remaining documents or other information needed to make the application complete on or before such forty-fifth (45th) calendar day.
(3)
In addition, the applicant is encouraged to conduct a neighborhood meeting with area homeowners within the vicinity of the request prior to appearing before the Planning & Zoning Commission. The applicant shall notify the Director of any scheduled neighborhood meetings at least seven (7) calendar days prior the meeting.
(F)
PD District Map (Zoning Exhibit "A").
The PD District Map shall include all lands within the PD district and adjacent properties.
(1)
The Director shall establish all dimensional requirements for PD District Maps.
(G)
Development schedule.
A development schedule may be requested by staff, the Planning & Zoning Commission, or the City Council at any time during the PD request process.
(H)
Conformity.
The PD District standards shall conform to all other sections of this Ordinance unless specifically excluded or modified in the granting ordinance.
(I)
Minimum net acreage.
The minimum net acreage for a PD request shall be fifteen (15) acres unless a specific finding is made by the City Council that the establishment of the district is required to implement the Comprehensive Plan, a strategic focus area, a special project, or any other purpose (see Section 6.14.04 Infill Development Standards for Planned Developments).
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.14.02 Appropriate Plans and Standards for Planned Developments (Zoning Exhibit "B" And "C").
In establishing a PD District in accordance with this section, the City Council shall approve and file as part of the amending ordinance appropriate plans and standards for each PD District, which shall be attached as Zoning Exhibit "B" to the PD ordinance.
(A)
Proposed standards.
Zoning Exhibit "B" shall outline the list of proposed standards for the PD.
(B)
Different standards for different tracts.
If different standards will be applied to different tracts within the PD, then separate regulations for each tract shall be specified.
(C)
Additional requirements (Zoning Exhibit "C").
(1)
If the proposed PD is amending uses only, nothing additional is required unless supplemental information is necessary to clarify the request.
(2)
If the proposed PD amends any other standards, a zoning exhibit of the proposed PD will be required (which shall be attached as Zoning Exhibit "C" to the PD ordinance), unless otherwise determined by the Director.
(3)
Zoning Exhibit "C" shall facilitate understanding of the request during the review and public hearing process, and will serve as a guide for future development within the PD District.
(4)
If required, the Zoning Exhibit "C" shall reflect the overall layout of the entire development and the Director shall maintain a list of required details within the Development Handbook.
(5)
If the PD is nonresidential and/or mixed use in nature, the Zoning Exhibit "C" shall also include but not be limited to building dimensions and location, structure height, uses, parking specifications, floor area ratio and lot coverage, open space specifications, drainage features, landscaping and trees, floodplain/riparian details, and architectural style or elevations for illustrative purposes.
(6)
The City may require further written documentation that describes and explains the Exhibit "C" layout.
(7)
The Exhibit "C" shall in no way vest rights for the property that are outside the regulations of the Zoning Ordinance and other applicable City ordinances, as they currently exist or shall be amended. Neither the Exhibit "C" nor any of the other documents required under Subsection 6.14 shall be considered "plans" or "plats" as those terms are defined under Chapter 212 of the Texas Local Government Code.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.14.03 Mixed Use Standards for Planned Developments.
(A)
Mixed use standards.
A PD may be requested to encourage mixed use development that utilizes characteristics similar to the following mixed use standards.
(1)
Mixed use may be accomplished by a vertical mixing of varying uses within the same building or group of buildings.
(2)
Mixed use may be accomplished by a new urbanism design or traditional neighborhood development (see 6.14.05 below).
(3)
Mixed use development shall be compatible with adjacent properties.
(4)
Mixed use developments shall integrate open space.
(5)
Mixed use developments shall be located along major thoroughfares wherever possible. A Traffic Impact Analysis will be required unless it is waived by the Director.
(6)
Mixed use planned development ordinances shall contain architectural standards that tie the entirety of the development together.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.14.04 Infill Development Standards for Planned Developments.
(A)
PD for developing or redeveloping infill sites.
A Planned Development may be used for the purpose of developing or redeveloping infill sites such as those in older areas or those that have remained vacant and are currently surrounded by development on fifty (50) percent or more of their perimeter.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.14.05 New urbanism Planned Developments.
(A)
Purpose.
A PD may be used for the purpose of creating a new urbanism neighborhood.
(B)
New urbanism criteria.
When the claim is made that the purpose of a PD is for new urbanism purposes, the applicant shall use the following criteria to qualify the PD.
(1)
Uses.
The creation of neighborhoods with a range of uses and housing types (i.e., mixed uses). Commercial uses and more intensive residential uses are frequently located in a neighborhood center.
(2)
Design focus.
Limits on the size, location, and design of buildings as opposed to the strict separation of uses.
(3)
Interconnected streets.
An interconnected network of streets that are safe also designed for pedestrians and which provide a variety of routes for local traffic.
(4)
Transportation options.
A range of transportation options are available due to the pattern of streets and the proximity of various land uses.
(5)
Public spaces.
High quality public space (greenbelts, parks, plazas and streets) are an organizing feature and gathering place for the neighborhood.
(C)
Statement of purpose.
In the case of a new urbanism development, the statement of purpose and intent shall describe how the proposed development will be in compliance with the above criteria.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.14.06 Form-Based Code Manual Requirement for Planned Developments.
The procedure for establishing a Planned Development District shall incorporate applicable sections of the Form-Based Code Manual, listed in Subsection 9.07 Form-Based Code Manual as it currently exists or may be amended.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.14.07 District Procedures for Planned Developments.
The procedure for establishing a PD District shall follow the procedure for zoning amendments as set forth in Subsection 6.06 Amendments to the Zoning Ordinance/Districts and Administrative Procedures. This procedure is further expanded as follows for approval of Zoning Exhibit "C."
(A)
Zoning Exhibit "C" approval.
The Planning & Zoning Commission and City Council may approve the Exhibit "C," separately or jointly in public hearings. A single public hearing for the PD request may be adequate when:
(B)
Zoning Exhibit "C" approval prerequisite.
The Ordinance establishing the PD District shall not be approved until the Zoning Exhibit "C" is approved, if required.
(C)
PD amendment procedure (minor and major amendments).
The procedure for amending a PD is based upon the type of change being proposed and shall follow the guidelines regarding minor amendments and major amendments, as follows:
(1)
Minor PD amendment.
a.
A minor amendment to a PD shall be requested at the time of Preliminary Site Plan, is subject to approval by the Planning & Zoning Commission, and shall be defined as a change that meets the following standards:
1.
Does not propose any new general type of use beyond those approved initially;
2.
Does not increase heights of buildings or floor area ratio;
3.
Does not decrease the amount of open space being provided and/or the residential density of the PD; and/or
4.
Does not change access, circulation, or infrastructure in a way that would impact surrounding properties.
b.
A minor amendment shall be submitted at the time of the development application, and the application shall include supporting data with an outline of any minor amendments being proposed on the plan(s).
(2)
Major PD amendment.
Where an amendment to a PD does not meet the criteria of a minor amendment, a major amendment to a PD shall be processed through the normal PD procedure as described herein. The process will require reconsideration of the entire PD with the amendment. In the case of amending a portion or tract of the PD, the following actions are required:
a.
Signatures of all property owners within the PD on the application for the PD request;
b.
Public notification to all the property owners within the PD in addition to property owners within 200 feet of the tract; and
c.
The three-fourths (3/4) majority vote shall apply to the property owners within two hundred (200) feet of the tract being re-zoned.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.14.08 Impact Report for Planned Developments.
(A)
Written report.
When a PD District is being considered, a written report from the Director, discussing the impact on public infrastructure, City services, and parks, environmental, and written comments from the applicable public school district may be submitted to the Planning & Zoning Commission prior to the Commission making any recommendations to the City Council.
(B)
Denial.
In the event written comments are not forthcoming in a reasonable amount of time, the Commission may, at its discretion, deny the request.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.14.09 Zoning Map and PD List.
All PD Districts approved in accordance with the provisions of this Ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map, and a list of such Planned Development Districts, together with the category of uses permitted therein, shall be listed and maintained as part of this ordinance in Subsection 9.02 Planned Developments.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.14.10 City-Initiated Zoning Change for Planned Developments.
The Planning & Zoning Commission or the City Council on its own motion may initiate a zoning change to a PD designation if it finds that public benefit will be derived from consideration of such matter. Refer to 6.06.01 Authority to Amend Ordinance in this Zoning Ordinance, as it exists or may be amended, for zoning or rezoning procedures.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.14.11 Existing Planned Development Ordinances.
The Planned Development District Ordinances listed in Subsection 9.02 Planned Developments (the "Existing Ordinances") are PD Ordinances previously adopted by the City Council. These Existing Ordinances are affected by the amendments to this Zoning Ordinance according to the following guidelines.
(A)
Existing PD regulations established by reference to a previous zoning ordinance amended.
(1)
Any allowable uses and/or development standards set forth in the Existing Ordinances that are established by reference to a previously adopted zoning ordinances, such as Ordinance No. 84-02-03 or No. 93-07-11, shall be governed by the allowable uses and/or development standards established in this Zoning Ordinance for the applicable zoning district shown on the equivalency table, Subsection 2.02 Equivalency Table.
(B)
Existing PD regulations not established by reference to a previous zoning ordinance remain.
(1)
Any allowable uses and/or development standards set forth in the Existing Ordinances that are not established by reference to a previously adopted zoning ordinances, such as Ordinance No. 84-02-03 or No. 93-07-11 shall be governed by the allowable uses and/or development standards set forth in the Existing Ordinances.
(C)
All other applicable PD provision amended.
Except as provided above, all other provisions of the Existing Ordinances are amended by this Zoning Ordinance, and to the extent amended, development shall be governed by the terms and conditions of this Zoning Ordinance.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.15.01 Specific Uses Permit Regulations and Procedures.
(A)
Compatibility considerations.
The City Council and the Planning & Zoning Commission in considering any request for Specific Use Permit shall only approve such request after they have determined that the use or uses allowed will not be detrimental to the adjacent properties or to the City as a whole.
The Director, City Council and the Planning & Zoning Commission may require from the applicant any plans, information, operational data, and expert evaluation concerning the location, function, and characteristics of the proposed use or buildings.
The City Council when establishing a Specific Use Permit, and the Planning & Zoning Commission when making a recommendation concerning a Specific Use Permit, shall establish conditions and regulations, in addition to those of the base zoning district, necessary to protect the health, safety, morals, and general welfare of the neighborhood and/or the City. In addition, the use shall be in general conformance with the Comprehensive Plan and general objectives of the City. These conditions may include but are not limited to:
(1)
Paving of streets, alleys, and sidewalks,
(2)
Means of ingress and egress to public streets,
(3)
Provisions for drainage,
(4)
Adequate off-street parking,
(5)
Protective screening, landscaping, and open space,
(6)
Area or security lighting,
(7)
The locations and heights of structures,
(8)
Architectural compatibility of buildings,
(9)
Intensity of the use, and
(10)
Adequate traffic circulation required to contain all stacking activity on the site.
(B)
Imposed conditions for approval.
(1)
In granting a Specific Use Permit, the City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the Chief Building Official for use of the building on such property pursuant to such Specific Use Permit and such conditions precedent to the granting of the certificate of occupancy.
(2)
Any special conditions shall be set forth in writing in the ordinance granting the SUP.
(C)
Compliance mandatory with written requirements.
No Specific Use Permit shall be granted unless the applicant, owner and grantee of the Specific Use Permit shall be willing to accept and agree to be bound by and comply with the written requirements of the Specific Use Permit, as attached to the Preliminary Site Plan or Site Plan drawing(s) and approved by the Planning & Zoning Commission and City Council.
(D)
Timing.
(1)
If required, a building permit shall be applied for and secured within six (6) months from the time of granting the Specific Use Permit, provided however, that the City Council may authorize an extension of this time upon recommendation by the Planning & Zoning Commission and City Council may review the Site Plan for continued validity.
(2)
If the Site Plan is determined invalid, the property owner(s) must submit a new or revised Site Plan for approval prior to any construction or application for building permit for the area designated for the Specific Use Permit.
(E)
Enlargement, modification, or structural alternation.
(1)
A building, premise, or land used under a Specific Use Permit may be enlarged, modified, structurally altered, or otherwise changed provided the changes do not:
a.
Increase the height of structures;
b.
Increase building square footage from its size at the time the original Specific Use Permit was granted by greater than ten (10) percent;
c.
Reduce the distance between a building or noise-generating activity on the property and an adjacent, off-site residential use. This provision shall not apply should the property and the residential use be separated by a major thoroughfare depicted on the City's Thoroughfare Plan; or
d.
Reduce the amount of open space as indicated on the previously approved zoning exhibit.
(2)
All other enlargements, modifications, structural alterations, or changes shall require the approval of a new Specific Use Permit.
(F)
Board of Adjustment exclusion.
The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any Specific Use Permit.
(G)
Zoning Map.
(1)
When the City Council authorized granting of a Specific Use Permit, the Zoning Map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, and said amendment is to indicate the appropriate zoning district for the approved use and prefixed by an "S" designation.
(2)
Specific Use Permits granted shall be indicated by numerical designation on the Zoning District Map.
(3)
Subsection 9.03 Specific Use Permits of this Ordinance shall list by the numerical designate each SUP and the conditions of approval.
(4)
Specific Use Permits are issued to the property.
(H)
Amend, change, or rescind a specific use permit.
Upon holding a properly notified public hearing, the City Council may amend, change, or rescind a Specific Use Permit after recommendation by the Planning & Zoning Commission if:
(1)
There is a violation and conviction of any of the provisions of this ordinance or any ordinance of the City that occurs on the property for which the Specific Use Permit is granted;
(2)
The building, premise, or land uses under a Specific Use Permit is enlarged, modified, structurally altered, or otherwise significantly changed without approval of a separate Specific Use Permit for such enlargement, modification, structural alteration, or change;
(3)
Violation of any provision of the terms or conditions of a Specific Use Permit;
(4)
Ad valorem taxes on the property are delinquent by more than six (6) months;
(5)
The Specific Use Permit was obtained by fraud or with deception; or
(6)
The advertisement of a zoning change or Specific Use Permit shall be initiated by staff upon receipt of applicant's written response to staff's recommendation. The response shall indicate whether the applicant agrees or disagrees with the staff recommendation. Where the applicant disagrees with any portion of the recommendation, the applicant shall cite the reasons for the disagreement.
(I)
New commercial antennas and antenna support structures.
(1)
A provider area coverage map shall be submitted to demonstrate that an existing commercial antenna or antenna support structure cannot accommodate the applicant's proposed antenna. No new commercial antennas or antenna support structures shall be permitted unless the applicant demonstrates that existing antenna support structures in the relevant coverage area cannot accommodate the applicant's proposed antenna. In addition, the applicant shall demonstrate each of the following:
a.
Existing commercial antennas and antenna support structures located within the relevant coverage area do not meet the applicant's reasonable engineering requirements;
b.
Existing commercial antennas and antenna support structures located within the relevant coverage area are not of a sufficient height to meet the applicant's reasonable engineering requirements; and
c.
Existing commercial antennas and antenna support structures located within the relevant coverage area do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.16.01 Applicability.
An approved facade plan is required prior to issuance of a building permit for the following developments.
(A)
OTR and OTC Districts.
All new construction shall require an approved facade plan.
(B)
MF-15 and MF-19 Districts.
All new multifamily residential construction.
(C)
PRO and TO Zoning Districts.
All new nonresidential construction.
(D)
All nonresidential and mixed-use zoning development.
All nonresidential and mixed-use development.
(E)
Residential.
Single-family residential where specified in a Planned Development.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.16.02 Facade Plan Review Criteria.
(A)
OTR and OTC review criteria.
(1)
OTR – Original Town Residential District.
All new construction shall comply with the following:
a.
4.07.09(E) OTR Facade Plan Requirement.
(2)
OTC – Original Town Commercial District.
All new construction development shall comply with the following:
a.
4.07.09(F) OTC Facade Plan Requirement.
(C)
PRO and TO review criteria.
(1)
PRO – Preston Road Overlay District.
All new nonresidential construction shall comply with the following:
a.
2.05.04(D)(5) PRO Exterior Appearance of Buildings and Structures.
b.
2.05.04(D)(6) PRO Building Materials and Colors.
(2)
TO – Tollway Overlay District.
All new nonresidential and mixed-use construction shall comply with the following:
a.
2.05.05(F)(2) Tollway Overlay Exterior Appearance of Buildings/Structures.
(D)
All nonresidential development review criteria.
(2)
All nonresidential buildings shall comply with the following provisions:
a.
Facade composition.
The facade shall incorporate a three-part hierarchy of base, middle, and top to emphasize verticality and maintain balance;
b.
Building composition.
The building shall utilize appropriate form and proportion through well scaled volumes and articulation of those volumes (massing).
c.
Rhythm.
The facade shall be composed of a series of patterns to create an inherent rhythm;
d.
Vertical alignment.
Setbacks, reveals, and projections in the vertical plane of the building facade shall be utilized to enhance the legibility of the facade composition;
e.
Horizontal alignment.
The height of the vertical alignments shall be designed to maintain consistency along the frontage;
f.
Four-sided architecture.
All buildings shall be architecturally finished on all four sides with the same materials, detailing, and features unless meeting the regulations of Subsection 4.08.02(C)–(D); and
g.
Facade plan booklet.
All buildings shall comply with the above-mentioned provisions, further detailed through image examples in the Facade Plan Booklet, as it exists or may be amended, which shall be established and maintained by the Director and published as part of the Development Application Handbook.
(E)
Residential.
(1)
All residential buildings shall comply with the following provisions:
b.
Facade plan booklet.
All buildings shall comply with the image examples in the Facade Plan Booklet, as it exists or may be amended, which shall be established and maintained by the Director and published as part of the Development Application Handbook.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.16.03 Facade Plan Application Process.
(A)
Application requirements.
The property owner shall file an application for the approval of a Facade Plan. This filing shall include the information listed on the Facade Plan Checklist, as it exists or may be amended, which shall be established and maintained by the Director, and published as part of the Development Application Handbook.
(B)
Required facade plans submittals.
(1)
OTC, OTR, MF-15, MF-19, PRO, TO, and all nonresidential and mixed-use development.
a.
The applicant may submit a preliminary facade plan and sample material boards with the Preliminary Site Plan application for all new development as specified above to ensure consistency and compatibility for all buildings within a development.
1.
The purpose of the preliminary facade plan is to ensure consistency and compatibility for all buildings within a single development.
2.
The Preliminary Facade Plan is a document to aid in the review of the Preliminary Site Plan. The Preliminary Facade Plan shall not be considered filed and shall not be acted on by the Director, the Planning & Zoning Commission or the City Council; however, failure to submit a Preliminary Facade Plan, where a Preliminary Facade Plan is required under this Ordinance, with the Preliminary Site Plan application shall be grounds for rejection or denial of the Preliminary Site Plan application.
b.
The applicant shall file a final Facade Plan and sample material boards with the Site Plan application to ensure minimum requirements have been met. The Facade Plan must be approved prior to or in conjunction with the approval of the Site Plan. Failure to obtain approval of a final Facade Plan, where a final Facade Plan is required under this Ordinance, shall be grounds for denial of the Site Plan.
c.
If changes are proposed to an approved Facade Plan, the applicant shall file a new Facade Plan application with a Substantially Conforming Site Plan to ensure the changes are consistent with the building information shown on the Site Plan (i.e., building dimensions, height, etc.). Failure to obtain approval of the new Facade Plan application, where a new Facade Plan is required under this Ordinance, shall be grounds for revocation of the Site Plan or denial of the Substantially Conforming Site Plan application.
(C)
Facade plan review.
(1)
The Director shall review the facade plan application for compliance with this Ordinance and standards referenced herein.
(2)
Corporate identities that conflict with the building design criteria but meet the overall design intent of the applicable regulations may be reviewed on a case by case basis and approved by the Director.
(D)
Facade plan approval.
(1)
The Director may approve or deny the Facade plan application based on compliance or violation of this Ordinance and standards referenced herein.
(2)
Corporate identities that conflict with the building design criteria but meet the overall design intent of the applicable regulations may be reviewed on a case by case basis and approved by the Director.
(Ordinance 19-08-70 adopted 8/20/19; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.17.01 "HL" Designation Criteria.
(A)
In making an "HL" designation, the Planning & Zoning Commission and City Council shall consider one or more of the following criteria.
(1)
Character, interest or value as a part of the development, heritage or cultural characteristics of the City, Counties of Collin and Denton, State of Texas, or United States.
(2)
Location as the site of a significant historic event.
(3)
Identification of a person or persons who significantly contributed to the culture and development of the City.
(4)
Exemplifications of the cultural, economic, social or historical heritage of the City.
(5)
Portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style.
(6)
Embodiment of distinguishing characteristics of an architectural type of specimen.
(7)
Identification as the work of an architect or master builder whose individual work has influenced the development of the City.
(8)
Embodiment of elements of architectural design, detail, materials or craftsmanship.
(9)
Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on historic, cultural or architectural theme.
(10)
Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood community of the City.
(11)
Archaeological value in that is has produced or can be expected to produce data affecting theories of historic or prehistoric interest.
(12)
Value as an aspect of community sentiment or public pride.
(B)
The applicant shall provide responses to the Director regarding the criteria listed above.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.17.02 Demolition Review for Historic Landmarks.
(B)
Demolition review procedure.
(1)
Certificate of appropriateness for demolition required.
No structure, or any portion of a structure, which has received an "HL" designation may be demolished without City Council approval of a Certificate of Appropriateness for demolition upon recommendation from the Planning & Zoning Commission.
(2)
Demolition application process.
a.
Any application for demolition will be submitted to the Director who will then schedule the permit application for the next available Planning & Zoning Commission meeting.
b.
City staff will forward with the application a recommendation regarding the condition of the building, the reasonableness of the cost of restoration or repair, the purpose of preserving the designated structure, and any other factors deemed appropriate for consideration.
(3)
Demolition for health and safety reasons.
In instances where the Chief Building Official and/or the Fire Chief or their representatives determines that the continued existence of a structure poses extreme health or safety dangers to the public, they may institute demolition proceedings without action by the Planning & Zoning Commission and the City Council.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.17.03 Economic Hardship for Demolition of Historic Landmarks.
(A)
Criteria.
If an applicant's Certificate of Appropriateness for proposed demolition has been denied, then the applicant may apply for relief on the ground of hardship. In order to prove the existence of a hardship, the applicant shall establish, to the satisfaction of the City Council, that:
(1)
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(2)
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return;
(3)
Efforts to find a purchaser interested in acquiring the property and preserving it have failed; and/or,
(4)
The structure or property is in irreparably damaged condition and as such poses a nuisance to the surrounding area and is a "threat" to the health, safety and general welfare of the community.
(B)
Procedure.
(1)
In cases where the City Council denies a Certificate of Appropriateness for demolition, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the City Council makes a finding that a hardship exists.
(2)
The City Council may hold a public hearing on the hardship application at which time an opportunity will be provided for proponents and opponents of the application to present their views.
(3)
The applicant shall consult in good faith with the City Council, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
(4)
All decisions of the City Council shall be in writing. A copy shall be sent to the applicant and a copy filed with the City Secretary's office for public inspection. The City Council's decision shall state the reasons for granting or denying the hardship application.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.18.01 Applicability.
Alternative compliance standards are only applicable to properties zoned nonresidential and designated as mixed use within the Comprehensive Plan or properties zoned nonresidential within the PRO – Preston Road Overlay District or TO – Tollway Overlay District. The following standards are eligible for alternative compliance standards.
(A)
Front yard setbacks.
May not adversely affect or potentially adversely affect adjacent residential property.
(B)
Building heights.
May not adversely affect or potentially adversely affect adjacent residential property.
(C)
Facade requirements.
Alternative building materials and designs of similar quality shall be used.
(D)
Land uses.
Apply only to vertical mixed use, where appropriate based on the Comprehensive Plan.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.18.02 Action Required.
The Director shall process alternative compliance standards requests as outlined in 6.18.04 Approval Process.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.18.03 Review and Approval Criteria.
(A)
Comprehensive Plan.
The alternative compliance standard shall be in agreement with and promote concepts from the Comprehensive Plan.
(B)
An equal or greater level of intensity.
The alternative compliance standard shall be in compliance with the standards outlined in the Form-Based Code Manual.
(C)
Building orientation/pedestrian environment.
The alternative compliance standard promotes the concept of orienting buildings close to the street and/or sidewalk to enhance the pedestrian environment.
(D)
Redevelopment.
Redevelopment considerations with attention toward out parcels, parking areas, vehicular circulation, building layout, and connectivity to surrounding streets and trails/sidewalks.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.18.04 Approval Process.
Approval of an alternative compliance standards application subject to the approval chart below. For appeals, see Subsection 6.19 Appeals and the Appeal Process.
Standard | Director Approval | P&Z Approval | City Council Approval |
|---|---|---|---|
Front Yard Setbacks | X | ||
Building Heights | X | ||
Facade Requirements | X | ||
Land Uses | X |
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.19.01 Summary of Appeal Applications.
Appeals and Appeal Process | |
|---|---|
Section Number | Application |
§ 6.19.02. | Appeal of a Commercial Stealth Antenna Decision |
§ 6.19.03. | Appeal of a Temporary Building Decision to Council |
§ 6.19.04. | Appeal of a Rescinded Shared Parking Agreement Approval |
§ 6.19.05. | Appeal of a Temporary Outdoor Lighting Decision |
§ 6.19.06. | Appeal of a Residential Cluster Development |
§ 6.19.07. | Appeal of an Administrative Decision |
§ 5.04.09. | Appeal of a Board of Adjustment Decision |
§ 6.19.08. | Appeal of a Preliminary Site Plan |
§ 6.19.09. | Appeal of a Site Plan |
§ 6.19.10. | Appeal of a SCSP Decision to the Planning & Zoning Commission |
§ 6.19.11. | Appeal of a SCSP Decision to the City Council |
§ 6.19.12. | Appeal of a Revised PSP or SP Decision |
§ 6.19.13. | Appeal of a Planning & Zoning Commission Decision to Deny a Zoning Amendment |
§ 6.19.14. | Appeal of a Minor PD Amendment Decision |
Initial Appeal of a Facade Plan | |
Final Appeal of a Facade Plan | |
Appeal of an Alternative Compliance Standard Decision made by the Director | |
Appeal of an Alternative Compliance Standard Decision made by the Planning & Zoning Commission | |
(Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2025-01-02 adopted 1/7/2025)
§ 6.19.02 Appeal of Commercial Stealth Antenna Decision
(A)
Initial Appeal of Commercial Stealth Antenna Decision.
(1)
If the Director denies the application, the applicant or four (4) members of the Planning & Zoning Commission may appeal the Director's decision to the Planning & Zoning Commission by submitting a written notice of appeal to the Director.
(2)
The appellant must submit said written notice of appeal along with a statement of the specific reasons for the appeal no later than fourteen (14) calendar days from the date of such decision, which shall be forwarded to the Planning & Zoning Commission.
(3)
The Planning & Zoning Commission shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the Director of Development Services.
(4)
The Planning & Zoning Commission shall review the application for compliance with this Ordinance and standards referenced herein.
(5)
The Planning & Zoning Commission may affirm, modify, or reverse the decision of the Director based on the standards set forth herein.
(Ordinance 19-10-82 adopted 10/1/19; Ordinance 2025-01-02 adopted 1/7/2025)
§ 6.19.03 Appeal of a Temporary Building Decision to Council.
(A)
The applicant may challenge a decision of the Chief Building Official or Planning & Zoning Commission, by appealing, in writing, to the City Council within fourteen (14) calendar days of a decision of the Chief Building Official or the Planning & Zoning Commission.
(1)
The City Council's decision is final.
(B)
Four (4) or more members of City Council may appeal the decision of the Planning & Zoning Commission by submitting a written notice of appeal to the Development Services Department.
(1)
The City Council shall consider and act on whether it will appeal the Commission's decision no later than fourteen (14) calendar days from the date of such decision or at its first regular meeting (for which there is time to post an agenda as required by law) that occurs after the Commission meeting at which the decision was made, whichever is later.
(2)
Written notice of the City Council's vote to appeal shall be submitted to the Development Services Department within seven (7) calendar days of the City Council's vote.
(3)
The City Council shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the Development Services Department.
(4)
The City Council may affirm, modify, or reverse the decision of the Planning & Zoning Commission.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.19.04 Appeal of a Rescinded Shared Parking Agreement Approval.
A decision by the Planning & Zoning Commission to rescind a shared parking approval may be appealed to the City Council (see appeal procedure in 6.19.08 Appeal of a Preliminary Site Plan.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.19.05 Appeal of a Temporary Outdoor Lighting Decision.
(A)
The applicant may appeal the Chief Building Official's decision within ten (10) calendar days after the Chief Building Official's decision, in writing, to the Director for his or her consideration.
(B)
The applicant may appeal the Director's decision within ten (10) calendar days after the Director's decision, in writing, to the City Council.
(C)
The City Council's decision shall be final.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.19.06 Appeal of a Residential Cluster Development.
(A)
Appeal of cluster development.
Upon appeal if the City Council finds that the requirements in 4.10.10. Director Review Criteria are satisfied, it may approve the residential cluster development, subject to any special conditions.
(B)
Special conditions to residential cluster development.
The City Council may, in its opinion, apply such special conditions to its approval of a residential cluster development as may be required to maintain harmony with neighboring uses and to promote the objectives and purposes of this Ordinance, Subdivision Ordinance, and/or the Comprehensive Plan.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.19.07 Appeal of an Administrative Decision.
(A)
The Board may hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance or Section 211.007, Texas Local Government Code ("the Code") as it exists or may be amended.
(B)
In exercising the Board's authority herein, the Board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board has the same authority as the administrative official.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.19.08 Appeal of a Preliminary Site Plan.
(A)
The applicant, Director of Development Services, or four (4) members of City Council may appeal the decision of the Planning & Zoning Commission regarding a Preliminary Site Plan by submitting a written notice of appeal to the Development Services Department.
(1)
The applicant or Director of Development Services must submit said written notice of appeal no later than fourteen (14) calendar days from the date of such decision.
(2)
Written notice of the City Council's vote to appeal shall be submitted to the Development Services Department within seven (7) calendar days of the City Council's vote.
(B)
The City Council shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the Development Services Department.
(C)
The City Council may affirm, modify, or reverse the decision of the Planning & Zoning Commission.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.19.09 Appeal of a Site Plan.
(A)
The applicant, Director, or four (4) members of City Council may appeal the decision regarding a Site Plan by submitting a written notice of appeal to the Director.
(1)
The applicant or Director must submit said written notice of appeal no later than fourteen (14) calendar days from the date of such decision.
(2)
The City Council shall consider and act on whether it will appeal the Commission's decision no later than fourteen (14) calendar days from the date of such decision or at its first regular meeting (for which there is time to post an agenda as required by law) that occurs after the Commission meeting at which the decision was made, whichever is later.
(3)
Written notice of the City Council's vote to appeal shall be submitted to the Development Services Department within seven (7) calendar days of the City Council's vote.
(B)
The City Council shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the Development Services Department.
(C)
The City Council may affirm, modify, or reverse the Site Plan decision.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.19.10 Appeal of a SCSP Decision to the Planning & Zoning Commission.
(A)
Disapproval from the Director may be appealed to the Planning & Zoning Commission by the applicant in writing no later than fourteen (14) calendar days from the date of such decision.
(B)
The Planning & Zoning Commission shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the Development Services Department.
(C)
The Planning & Zoning Commission may affirm, modify, or reverse the decision of the Director.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.19.11 Appeal of a SCSP Decision to the City Council.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.19.12 Appeal of a Revised PSP or SP Decision.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.19.13 Appeal of a Planning & Zoning Commission Decision to Deny a Zoning Amendment.
(A)
When the Planning & Zoning Commission determines that a proposed zoning amendment, supplement or change should be denied, it shall so report and recommend to the City Council and Planning staff shall notify the applicant.
(B)
If the proposal is denied by the Commission, the request shall not be forwarded to the City Council unless the applicant requests an appeal to the City Council or the request is sent for review by the Commission by simple majority vote.
(C)
Upon denial of a proposed zoning amendment, supplement, or change by the Planning & Zoning Commission, the applicant may, upon his own motion within fourteen (14) calendar days, file with the Director a written request that a public hearing be scheduled and held before the City Council regarding the application. The applicant's written request for appeal shall state why the appeal is being made and provide all necessary documentation to support the request.
(D)
The applicant shall be responsible for the costs of re-notification, including postage.
(E)
A vote of three-fourths (3/4ths) of the members of the City Council is required to overrule a recommendation of the Planning & Zoning Commission that a proposed zoning amendment, supplement, or change be denied. The Mayor shall be entitled to vote when a vote of three-fourths (3/4ths) of the members of the City Council is required under this subsection.
(F)
The City shall not take action on a property where City taxes are delinquent.
(Ordinance 2020-07-35 adopted 7/7/20; Ordinance 2021-07-47 adopted 7/6/21)
§ 6.19.14 Appeal of a Minor PD Amendment Decision.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.19.15 Facade Plan Appeal Process.
(A)
Initial appeal of a facade plan.
(1)
If the Director denies the application, the applicant or two (2) members of the Planning & Zoning Commission may appeal the Director's decision to the Planning & Zoning Commission.
(2)
The appellant shall submit a written statement requesting the appeal stating specific reasons for the request to the Director within fourteen (14) calendar days of the decision, which shall be forwarded to the Planning & Zoning Commission.
(3)
The Planning & Zoning Commission shall review facade plan application for compliance with this Ordinance and standards referenced herein.
(4)
The Planning & Zoning Commission may approve or deny the facade plan application based on compliance or violation of this Ordinance and standards referenced herein.
(B)
Final appeal of a facade plan.
(1)
If the Planning & Zoning Commission denies the application, the applicant or two (2) members of the City Council may appeal the Planning & Zoning Commission's decision of the City Council.
(2)
The appellant shall submit a written statement requesting the appeal stating specific reasons for the request to the Director within fourteen (14) calendar days of the decision, which shall be forwarded to the City Council.
(3)
The City Council shall review facade plan application for compliance with this Ordinance and standards referenced herein.
(4)
The City Council may approve or deny the facade plan application based on compliance or violation of this Ordinance or standards referenced herein.
(5)
The decision of the City Council is final.
(Ordinance 2021-07-47 adopted 7/6/21)
§ 6.19.16 Appeal Process.
(A)
Appeal of an alternative compliance standard decision made by the Director.
(1)
Denial from the Director may be appealed to the Planning & Zoning Commission by the applicant in writing no later than fourteen (14) calendar days from the date of such decision.
(2)
The Planning & Zoning Commission shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the Development Services Department.
(3)
The Planning & Zoning Commission may affirm, modify, or reverse the decision of the Director.
(B)
Appeal of an alternative compliance standard decision made by the Planning & Zoning Commission.
(1)
The applicant, Director, or four (4) members of City Council may appeal the decision of the Planning & Zoning Commission regarding a Site Plan by submitting a written notice of appeal to the Director.
a.
The applicant or Director must submit said written notice of appeal no later than fourteen (14) calendar days from the date of such decision.
b.
The City Council shall consider and act on whether it will appeal the Commission's decision no later than fourteen (14) calendar days from the date of such decision or at its first regular meeting (for which there is time to post an agenda as required by law) that occurs after the Commission meeting at which the decision was made, whichever is later.
c.
Written notice of the City Council's vote to appeal shall be submitted to the Development Services Department within seven (7) calendar days of the City Council's vote.
(2)
The City Council shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the Development Services Department.
(3)
The City Council may affirm, modify, or reverse the decision of the Planning & Zoning Commission.
(Ordinance 2021-07-47 adopted 7/6/21)