The City Council shall be constituted, have the powers and duties, and conduct all activities in accordance with Texas Local Government Code Chs. 42, 43, 211, 212, and 216, the City Charter, and the City's Code of Ordinances. The Council shall hear and decide appeals pursuant to Table 2.01.020 and this Code.

(Ord. No. 2023-44, § 3(Exh. A), 8-22-2023)

This chapter establishes review authority under this Unified Development Code. Specific requirements for each type of application or permit are described in Chapter 3. The submittal contents of each application are set forth in the UDC Development Manual.

The following table summarizes the decision-making authority of each review body for the City. Each body or official responsible for final action on an item shall be considered the final action authority for the purposes of this code.

Table 2.01.020: Summary of Review Authority

(Ord. No. 2014-103, § 3(Exh. A), 12-9-2014; Ord. No. 2015-14, § 3(Exh. A), 2-24-2015; Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019; Ord. No. 2023-44, § 3(Exh. A), 8-22-2023)

Every official and employee with the City vested with the duty or authority to issue a permit, certificate, or license under this Code may not issue a permit or license for any use, building or purpose that conflicts with any provision of this Unified Development Code. Any permit, certificate, or license issued in conflict with the provisions of this Code is null and void.

A.

Appointment.

The City Manager shall appoint a Director of Planning (Director) to be the administrator of this Unified Development Code.

B.

Powers and Duties.

The Director has the following powers and duties:

1.

Final Action.

The Director is responsible for taking final action on the applications and procedures as noted in the table in Section 2.01.020, subject to the specific criteria for each procedure as described in the Code.

2.

Review and Report.

The Director shall review and make either a report or recommendation to the Zoning Board of Adjustment, Planning and Zoning Commission, or City Council on the applications as noted in the table in Section 2.01.020 of this Code, subject to the terms and conditions set forth for such procedures in this Code.

3.

Additional Duties.

The Director shall have the following additional duties:

a.

To comply with any other duty or responsibility clearly assigned to the Director elsewhere in this Code;

b.

To ensure conformance with all provisions of this Code;

c.

To meet with potential applicants in Pre-Application Conferences as described in this Code; and

d.

To act and serve as staff for each review body appointed by this Code.

4.

Delegation.

The Director may delegate any duties to members of the Planning and Development Department staff. Such designation authorizes the staff member to act on the Director's behalf, but does not relieve the Director of overall responsibility for any final action, report, recommendation or additional duty described in this Code.

C.

Compliance with Rules and Procedures.

1.

The Director shall comply with any specific procedures described in this Code.

2.

The Director may develop a manual consisting of administrative rules, submittal requirements for all case types, or additional procedures to clarify implementation of this Code, providing that additional rules, requirements, or procedures do not violate any other provisions of this Code. The Director may include in the manual a submittal calendar specifying the dates on which the City will accept applications.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2023-44, § 3(Exh. A), 8-22-2023)

Editor's note— Ord. No. 2017-15, § 2, adopted February 28, 2017, changed the title of Section 2.02.010 from "Director of Planning and Development Department (Director)" to "Director of Planning." The historical notation has been preserved for reference purposes.

A.

Designation.

The City Manager shall appoint a Development Engineer to function as described in this Code. The Development Engineer must be an engineer licensed by the State of Texas. For the purposes of this Code, the Development Engineer is also designated as the Drainage Engineer.

B.

Powers and Duties.

The Development Engineer shall review and make reports to the Director or other final action authorities on all Site Plans and plats, and shall have final authority for approving applications as noted in 2.01.020 of this Code, and as may otherwise be authorized by this Code.

C.

Compliance with Rules and Procedures.

1.

The Development Engineer shall comply with any specific procedures or technical criteria described in this Code.

2.

The Development Engineer shall develop additional procedures or technical criteria to clarify implementation of this Code, providing that additional procedures do not violate any other provisions of this Code.

(Ord. No. 2017-15, § 2, 2-28-2017; Ord. No. 2023-44, § 3(Exh. A), 8-22-2023)

Editor's note— Ord. No. 2017-15, § 2, adopted February 28, 2017, repealed the former Section 2.02.030 in its entirety, which pertained to the Drainage Engineer, and derived from original codification.

A.

Designation.

In addition to the powers granted to the Building Official in Chapter 2.32 of the City Code of Ordinances, the City Manager shall designate the Building Official for the City of Georgetown to review and approve sign permits, certificates of occupancy, conditional certificates of occupancy, temporary certificates of occupancy, Temporary Use Permits, sign permits, and Master Sign Plans. This section does not restrict the powers and duties of the Building Official granted or assigned by other sections of the City's Code of Ordinances.

B.

Powers and Duties.

The Building Official shall be responsible for taking final action on certificates of occupancy, conditional certificates of occupancy, temporary certificates of occupancy, sign permits, Temporary Use Permits, and Master Sign Plans.

C.

Inspectors.

The City's Building Inspectors are authorized designees of the Building Official.

D.

Code Enforcement Officers.

The City's Code Enforcement Officers are authorized designees of the Building Official.

(Ord. No. 2023-44, § 3(Exh. A), 8-22-2023)

A.

Designation.

The Director shall appoint an Landscape Planner to function as described in this Code. The Landscape Planner must be a certified arborist as recognized by the International Society of Arboriculture (ISA). This designation, and the powers and duties herein, shall apply to all references to "Urban Forester" within this Code.

B.

Powers and Duties.

The duties of the Landscape Planner shall include, but are not limited to, the review and recommendation on plats, Site Plans and other development permits requiring compliance with applicable sections of Chapter 8 ("Tree Preservation, Landscaping, and Fencing") governing the placement, replacement, maintenance, and/or preservation of trees: and, providing recommendations on such to the relevant Final Action Authority in accordance with Section 2.01.020 if [of] this Code.

(Ord. No. 2023-44, § 3(Exh. A), 8-22-2023)

Editor's note— Ord. No. 2023-44, § 3(Exh. A), adopted August 22, 2023, changed the title of Section 2.02.050 from "Urban Forester" to "Landscape Planner." The historical notation has been preserved for reference purposes.

A.

Designation.

The Director may designate a Historic Preservation Officer to function as described in this Code.

B.

Powers and Duties.

The duties of the Historic Preservation Officer shall include, but are not limited to:

1.

Providing review, report and recommendation to the Historic and Architectural Review Commission (HARC) regarding Certificates of Appropriateness and any other provisions of this Code requiring action by HARC;

2.

Reviewing and taking final action on Administrative Certificates of Appropriateness;

3.

Reviewing and taking final action on Alternative Parking Plans in a Historic Overlay District; and

4.

Coordinating local historic preservation efforts with the State Historic Preservation Office (SHPO), the National Park Service (NPS), and the Advisory Council on Historic Preservation (ACHP) in compliance with the National Historic Preservation Act of 1966, as amended, TAC Chapter 15.6, as amended and any additional federal and state enabling legislation.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019)

The Historic and Architectural Review Commission (HARC) has the following powers and duties as described in this Code:

A.

Final Action.

The HARC shall be responsible for hearing and taking final action on the following procedures described in this Code:

1.

Certificate of Appropriateness;

2.

HARC Exceptions on building height and setback variations pursuant to Section 4.08 of this Code; and

3.

Hear and take final action on an appeal of an administrative Certificate of Appropriateness.

B.

Review and Recommendation.

The HARC shall review and make recommendations to the City Council on the designation of Historic Overlay Districts and Historic Landmarks, subject to the terms and conditions set forth for the procedure in this Code.

C.

Additional Duties.

The HARC has the following additional duties:

1.

To act and assist the City Council in formulating design guidelines and other supplemental materials relevant to historic preservation or design review; and

2.

To render advice and guidance, upon request of the property owner or occupant, on new construction or the restoration, alteration, or maintenance of any building or structure within a Historic Overlay District or designated as a Historic Landmark.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019)

The HARC shall be constituted and conduct all activities in accordance with Texas Local Government Code ch. 214, the City Charter, and Chapter 2 of the City's Code of Ordinances.

(Ord. No. 2023-44, § 3(Exh. A), 8-22-2023)

Editor's note— Ord. No. 2023-44, § 3(Exh. A), adopted August 22, 2023, changed the title of Section 2.03.020 from "Membership and Bylaws" to "Membership." The historical notation has been preserved for reference purposes.

Pursuant to Texas Local Government Code § 211.009, the Zoning Board of Adjustment may:

A.

Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an Administrative Official (see Section 2.02) in the enforcement of this Code;

B.

Hear and decide Special Exceptions when this Code requires the Board to do so; and

C.

Authorize in specific cases a Variance from the zoning requirements of this Code if the Variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done.

The Zoning Board of Adjustment shall be constituted and conduct all activities in accordance with the City Charter, and Chapter 2 of the City's Code of Ordinances.

(Ord. No. 2023-44, § 3(Exh. A), 8-22-2023)

Editor's note— Ord. No. 2023-44, § 3(Exh. A), adopted August 22, 2023, changed the title of Section 2.04.020 from "Membership and Bylaws" to "Membership." The historical notation has been preserved for reference purposes.

In exercising its authority under Subsection 2.04.010.A., 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, as provided for by Texas Local Government Code Ch. 211.

(Ord. No. 2023-44, § 3(Exh. A), 8-22-2023)

The Planning and Zoning Commission has the following powers and duties as described in this Code:

A.

Final Action.

The Planning and Zoning Commission shall be responsible for considering and taking final action on the applications and procedures as noted in the table in Section 2.01.020

B.

Review and Recommendation.

The Commission shall review and make recommendations to the City Council on the following, subject to the terms and conditions set forth for the procedure in this Code:

1.

Comprehensive Plan Amendment;

2.

Development Agreement;

3.

Rezoning (Zoning Map Amendment);

4.

Special Use Permit; and

5.

UDC Text Amendment.

C.

Additional Duties.

The Commission has the following additional duties:

1.

Authorize a heritage tree protection priority determination pursuant to Subsection 8.02.050.B.; and

2.

Hear and decide an appeal of an administrative decision on the applications and procedures as noted in the table in Section 2.01.020

3.

Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an Administrative Official in the enforcement of Section 11.07 of this Code.

(Ord. No. 2014-103, § 3(Exh. A), 12-9-2014; Ord. No. 2015-14, § 3(Exh. A), 2-24-2015; Ord. No. 2023-44, § 3(Exh. A), 8-22-2023)

The Planning and Zoning Commission shall be constituted, have the powers and duties, and conduct all activities in accordance with State law, the City Charter, and the City's Code of Ordinances.

(Ord. No. 2023-44, § 3(Exh. A), 8-22-2023)

Editor's note— Ord. No. 2023-44, § 3(Exh. A), adopted August 22, 2023, changed the title of Section 2.05.020 from "Membership and Bylaws" to "Membership." The historical notation has been preserved for reference purposes.

The Parks and Recreation Board has the following powers and duties:

A.

Review and Recommendation.

The Parks and Recreation Board shall review and make recommendations to the City Council. The Board shall make recommendation on the amount and location of parkland, credit for land in the 100-year floodplain, and/or payment of fees-in-lieu of parkland dedication, subject to the terms and conditions set forth in Section 13.05 ("Parkland") of this Code.

1.

The Parks and Recreation Board shall provide review and recommendation for projects requiring more than three acres of dedication or payment of fees-in-lieu of parkland dedication.

2.

The Parks and Recreation Director shall provide review and recommendation for projects requiring less than three acres of dedication or payment of fees-in-lieu of parkland dedication. The Parks and Recreation Director may defer these projects to the Parks and Recreation Board for review and recommendation for any reason.

The UDC Advisory Committee has the following powers and duties:

A.

Review and Recommendation.

The UDC Advisory Committee shall review and make recommendations to the Planning and Zoning Commission and the City Council on the following, subject to the terms and conditions set forth for the procedure in this Code:

1.

Review proposed or requested amendments to the Unified Development Code (UDC) other than executive amendments which are those amendments that are nondiscretionary, mandatory, or legislative revisions necessary to address state statutes or case laws, ratify published director interpretations, incorporate recently approved Council ordinances, process City Council designated emergency items, or address revisions otherwise determined necessary by legal counsel;

2.

Make recommendations and advise the Planning and Zoning Commission and the City Council on the proposed amendments to the UDC;

3.

Provide an additional forum for public participation and input regarding proposed amendments to the UDC; and

4.

Assist the general public in understanding the proposed amendments to the UDC.

(Ord. No. 2015-49, § 2(Exh. A), 9-22-2015)

The UDC Advisory Committee shall be constituted and conduct all activities in accordance with the City Charter, and Chapter 2 of the City's Code of Ordinances.

(Ord. No. 2015-49, § 2(Exh. A), 9-22-2015; Ord. No. 2023-44, § 3(Exh. A), 8-22-2023)

Editor's note— Ord. No. 2023-44, § 3(Exh. A), adopted August 22, 2023, changed the title of Section 2.08.020 from "Membership and Bylaws" to "Membership." The historical notation has been preserved for reference purposes.