Gonzales City Zoning Code
ARTICLE 14
1000 ZONING RELIEF PROCEDURES
§ 14.1001 Zoning Regulation Appeal.
(a)
Types of Appeals.
The following are the types of zoning regulation appeals contained within this zoning ordinance.
(1)
Appeal of a City Administrative or Interpretative Decision.
(A)
Any person, department, board, or bureau of the city affected by any administrative officer acting pursuant to the zoning ordinance regulations shall appeal to the zoning board of adjustment.
(B)
In exercising the board’s authority herein, the board may reverse or affirm, in whole or in part, or modify the city 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 city’s administrative official.
(C)
Public hearings shall be held in accordance with section 14.903(e)(3)(A).
(2)
Appeal to the City Council of a Zoning Vested Rights Petition Decision.
(A)
See section 14.1004(g), Appeal to the Council of a Decision on a Zoning Vested Rights Petition.
(3)
Appeal to District Court of a Decision of the City Council or Zoning Board of Adjustment.
Any person, department, board, or bureau of the city affected by a decision of the city council or zoning board of adjustment may appeal to district court.
(b)
Appeals Procedure to the City Council or Zoning Board of Adjustment.
(1)
Timing and Fee.
Appeal to the city council or zoning board of adjustment shall be taken within thirty (30) calendar days from the date of the decision by filing with the responsible official from whom the appeal is taken and with the city secretary a notice of appeal specifying the grounds thereof, and by paying a filing fee at the office of the city secretary at the time the notice is filed.
(2)
Transmission of Record.
The responsible official from whom the appeal is taken shall forthwith transmit to the zoning board of adjustment all the papers constituting the record upon which the action appealed from was taken.
(3)
Stays of Proceedings.
An appeal stays all proceedings in furtherance of the action appealed from, unless the responsible official certifies to the city council or zoning board of adjustment, that by reason of facts stated in the certificate a stay would, in the responsible official’s opinion, cause imminent peril to life or property.
(c)
Appeals Procedure to District Court.
(1)
Timing.
An appeal from any action, decision, ruling, judgment, or order of the city council or zoning board of adjustment may be taken by any person or persons, jointly or severally, or any taxpayer, or any officer, department, board, or bureau of the city to the district or county court by filing notice of appeal with the city secretary and with the zoning board of adjustment within ten (10) calendar days from the filing of the decision of the board, which notice shall specify the grounds of such appeal.
(2)
Transmission of Record.
Upon filing of the notice of appeal as herein provided, the court may grant a writ of certiorari directed to the board [and] in this event, the city council or zoning board of adjustment shall transmit to the court clerk and the petitioner the original or certified copy of the papers constituting the record in the case, together with the order, decision, or ruling.
(3)
Stays of Proceedings.
An appeal to the district court from the city council or zoning board of adjustment stays all proceedings in furtherance of the action appealed from, unless the mayor or chairperson of the zoning board of adjustment, from which the appeal is taken certifies to the court clerk, after the notice of appeal shall have been filed, that by reasons of fact stated in the certificate, a stay would, in her or his opinion, cause imminent peril to life or property.
(d)
Fees.
All fees for all types of applications, forms, plans, notifications, appeals, and petitions required under this zoning ordinance shall be established by the city council within the fee schedule.
(Ordinance 2021-08 adopted 2/11/21)
§ 14.1002 Zoning Variance.
(a)
Purpose.
(1)
The zoning board of adjustment is authorized in specific cases to grant a zoning variance from the zoning ordinance terms, standards, and criteria that pertains to an allowed use within a zoning district.
(2)
A zoning variance is authorized by this zoning ordinance when such cases are shown not to be contrary to the public interest if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in an undue hardship and so that the spirit of the ordinance shall be observed and substantial justice done; provided, however, the zoning board of adjustment shall have no power to authorize a zoning variance [as] provided in section 14.1002(e), Limitations on the Authority of Zoning Board of Adjustment to Grant Zoning Variances.
(b)
Zoning Variance Applicability.
The zoning board of adjustment is authorized in specific cases to grant a zoning variance from the terms of this chapter provided that the variance as will not be contrary to the public interest, and due to special conditions, a literal enforcement of the provisions of this article would result in unnecessary hardship, and so that the spirit of this article shall be observed and substantial justice done. Approval of a variance authorizes a property owner to submit subsequent development applications consistent with the approved variance.
(c)
Elements and Process.
(1)
Undue Hardship Shall Exist.
The zoning board of adjustment may authorize a zoning variance from these zoning regulations when, due to special conditions, an undue hardship will result from requiring compliance.
(2)
Harmony with the Zoning Ordinance’s General Purpose and Intent Shall Exist.
A zoning variance may be granted only when the zoning variance is not contrary to the public interest and is in harmony with the general purpose and intent of this zoning ordinance so that the public health, safety, and welfare may be secured and that substantial justice may be done.
(3)
Zoning Variance Processing and Review.
The city manager shall process and review a zoning variance.
(4)
Board Conditions of Approval.
In granting a zoning variance, the zoning board of adjustment shall prescribe only conditions that it deems necessary for, or desirable to, the public interest.
(5)
Board Considerations.
In making the findings within section 14.1002(d), Criteria for Zoning Variance Approval, the zoning board of adjustment shall take into account:
(A)
The nature of the proposed use of the land involved;
(B)
Existing uses of land in the vicinity;
(C)
The number of persons who will reside or work within the proposed use; and
(D)
The probable effect such zoning variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.
(6)
Such findings of the zoning board of adjustment, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the zoning board of adjustment meeting at which such zoning variance is granted.
(d)
Criteria for Zoning Variance Approval.
No zoning variance shall be granted without first having given public notice and having held a public hearing on the zoning variance request in accordance with section 14.903, Public Hearings and Notification Requirements for Zoning Related Applications, and unless the zoning board of adjustment finds all the following criteria are met.
(1)
Unique Circumstances.
There are special circumstances or conditions affecting the land involved such that the application of the zoning ordinance’s provisions would deprive the applicant of the reasonable use of his/her land.
(2)
Minimum Necessary Relief Required to Alleviate the Undue Hardship.
The zoning variance, if granted, would be the minimum necessary relief required to alleviate the undue hardship.
(3)
Preservation of Property Rights.
The zoning variance is necessary for the preservation and enjoyment of a substantial property right of the applicant.
(4)
No Substantial Detriment to the Public Good.
The granting of the zoning variance will not be detrimental to the public health, safety or welfare, impair the purposes and intent of this zoning ordinance and the comprehensive plan or be injurious to other property within the area.
(5)
Orderly Use of Land.
The granting of the zoning variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this zoning ordinance.
(6)
Precedent.
The granting of an individual zoning variance will not set a precedent.
(7)
Finding of Undue Hardship.
In order to grant a zoning variance, the zoning board of adjustment must make findings that an undue hardship exists, using the following criteria:
(A)
That literal enforcement of the controls will create an undue hardship or practical difficulty in the development of the affected property; and
(B)
That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district; and
(C)
That the relief sought will not injure the permitted use of adjacent conforming property; and
(D)
That the granting of a zoning variance will be in harmony with the spirit and purpose of these regulations.
(E)
Financial hardship alone is not an “undue hardship” if the property can be used, meeting the requirements of the zoning district in which the property is located.
(8)
Finding of Undue Hardship as Applied to a Structure.
In considering a variance as applied to a structure, the zoning board of adjustment may consider the following as grounds to determine whether an unnecessary hardship would result from compliance with the ordinance:
(A)
The financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under section 26.01, Tax Code;
(B)
Compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur;
(C)
Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;
(D)
Compliance would result in the unreasonable encroachment on an adjacent property or easement; or
(E)
The municipality considers the structure to be a nonconforming structure.
(e)
Limitations on the Authority of Zoning Board of Adjustment to Grant Zoning Variances.
(1)
Use Zoning Variance.
The zoning board of adjustment may not grant a zoning variance to allow a use that is prohibited in that specific zoning district.
(2)
Specific Use Permit Provision.
The zoning board of adjustment shall have no power to grant or modify provisions of an SUP authorized under section 14.906, Specific Use Permits (SUPs).
(3)
Zoning Amendments.
(A)
The zoning board of adjustment shall have no power to grant zoning text and map amendments.
(B)
In the event that a request for a zoning text amendment or zoning map amendment (rezoning) is pending before the planning and zoning commission or the city council, the board shall neither hear nor grant any zoning variance with respect to the subject property until final disposition of the zoning text amendment or zoning map amendment (rezoning) by the commission and the city council.
(4)
Pending Action.
(A)
The zoning board of adjustment shall not grant a zoning variance for any parcel of property or portion thereof upon which a required plat is pending on the agenda of the planning and zoning commission and/or the city council.
(B)
All administrative and procedural remedies available to the applicant shall have been exhausted prior to hearing by the zoning board of adjustment.
(f)
Concurring Vote of 75 Percent Required.
Pursuant to Texas Local Government Code section 211.009(c), the concurring vote of seventy-five (75) percent of the members of the zoning board of adjustment is necessary to grant a zoning variance.
(Ordinance 2021-08 adopted 2/11/21; Ordinance 2022-5 adopted 3/10/22)
§ 14.1003 Zoning Special Exception.
(a)
Purpose.
The zoning board of adjustment is authorized to hear and decide a zoning special exception to the zoning regulations which are not permitted by right in a particular district because of potential adverse effect, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the zoning board of adjustment, where specifically authorized by section 14.1003(d), Zoning Special Exception Authorized, and in accordance with the substantive and procedural standards of the zoning ordinance.
(b)
Zoning Special Exception Defined.
A zoning special exception is an allowed variation from the zoning regulations, but is differentiated from a zoning variance as the term is used in this zoning ordinance by the following:
(1)
No Hardship Required.
A zoning special exception does not require a finding of an undue hardship.
(2)
Specifically Allowed and Pre-Determined by the Zoning Ordinance.
Approval of a zoning special exception by the zoning board of adjustment is specifically provided for and defined in this zoning ordinance.
(c)
Requests for a Zoning Special Exception.
(d)
Zoning Special Exception Authorized.
When in the zoning board of adjustment’s judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the zoning board of adjustment may, in specific cases, after public notice and public hearing and subject to appropriate conditions and safeguards, authorize the following zoning special exceptions to the regulations herein established:
(1)
Nonconforming Uses or Structures.
(A)
Permit the reconstruction, extension or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building provided such reconstruction does not prevent the return of such property to a conforming use and permit the expansion of off-street parking or off-street loading for a nonconforming use.
(B)
Permit such modification of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land that differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification.
(2)
Residential Setbacks.
For existing single-family residential and duplex (two-family) structures that were legally constructed prior to the effective date of this zoning ordinance, the zoning board of adjustment may authorize a zoning special exception for any structure that was constructed over a setback line established by this zoning ordinance.
(3)
Grant Exceptions to the Off-Street Parking Requirements.
To grant zoning special exceptions to the off-street parking requirements set forth in section 14.604, Off-Street Parking and Loading Requirements, when it is determined:
(A)
That the size and shape of the lot to be built on is such that off-street parking provisions could not be complied with, and the proposed use will not create undue traffic congestion in the adjacent streets; or
(B)
That the use can share parking with other adjacent uses upon provision of a shared parking study.
(4)
Modify Landscaping Requirements.
To grant zoning special exceptions to the requirements in section 6.01 [14.601], Landscape Requirements, when it is determined that the size and shape of the lot to be built on is such that landscaping provisions cannot reasonably be complied with and the reductions will not significantly impact adjacent properties or neighborhoods.
(5)
Permit Temporary Location of a Manufactured Home - HUD-Code.
To authorize by zoning special exception the temporary location of one manufactured home - HUD-code in any zoning district for a period of time not to exceed twenty-four (24) months under the following conditions:
(A)
The manufactured home - HUD-code shall be connected with a suitable water supply and wastewater system and shall be in conformance with the health and sanitation laws of the city, county and state.
(B)
The land on which the manufactured home - HUD-code is located shall be owned by the occupant or the owner shall be related, in the first degree, to an occupant.
(C)
Only one (1) manufactured home - HUD-code unit shall be permitted to locate on a lot.
(i)
The manufactured home - HUD-code unit shall be temporary only for a period of time which shall not exceed twenty-four (24) months from the date of issuance of the permit via zoning special exception.
(D)
It is intended that a single manufactured home - HUD-code unit is permitted to locate temporarily in an area that is relatively undeveloped.
(i)
The location of manufactured homes, even on a temporary basis, in established residential areas is not considered desirable.
(ii)
Therefore, no manufactured home - HUD-code shall be permitted within one hundred (100) feet, including streets and alleys, of an existing dwelling and shall not be located on a lot containing less than one (1) acre.
(e)
The Board May Impose Conditions.
In granting zoning special exceptions under this section 14.1003, Zoning Special Exception, the zoning board of adjustment may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the provisions of this zoning ordinance.
(f)
Concurring Vote of 75 Percent Required.
Pursuant to Texas Local Government Code section 211.009(c), the concurring vote of seventy-five (75) percent of the members of the zoning board of adjustment is necessary to grant a zoning special exception.
(Ordinance 2021-08 adopted 2/11/21)
§ 14.1004 Zoning Vested Rights Petition.
(a)
Purpose.
In accordance with the Texas Local Government Code, chapter 245 or successor statute, the purpose of a zoning vested rights petition is to determine whether one or more standards of this zoning ordinance should not be applied to a plan or application, or whether certain permits are subject to expiration.
(b)
Applicability of a Zoning Vested Rights Petition.
(1)
Any Application.
A zoning vested rights petition may be filed for an application, permit, or plan required under this zoning ordinance.
(2)
Prohibited Joint Submission.
A zoning vested rights petition cannot be submitted by an applicant along with submission of a request for a zoning text amendment, a zoning map amendment (rezoning), or any other request for a legislative decision by the city council.
(3)
Land and Use Upon Annexation.
Vested rights in land use upon annexation shall be governed by Texas Local Government Code, section 43.002, as amended.
(c)
Petition Submission.
(1)
Filing.
A zoning vested rights petition shall be submitted to the city’s responsible official in accordance with the Texas Local Government Code, chapter 245 or successor statute.
(2)
Stay of Further Proceedings.
Submission of such petition shall stay further proceedings on the related application until a final decision is reached on the zoning vested rights petition.
(d)
Petition Requirements.
The zoning vested rights petition shall allege that the petitioner has a vested right that requires the city to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include, at a minimum, the following information and documents:
(1)
Basic Owner Information.
The name, mailing address, phone number and fax number of the property owner (or the property owner’s duly authorized agent).
(2)
Identification of Property and “Project”.
(A)
Identification of the property for which the property owner claims a vested right.
(B)
Identification of the “project,” as that term is defined in chapter 245 at section 245.001(3).
(C)
A chronology of the history of the “project,” with special emphasis on facts establishing that the project was in progress on or commenced after September 1, 1997, as required by chapter 245 at section 245.003.
(3)
Narrative Description for Purpose of Petition.
A narrative description of the grounds for the petition, including a statement as to whether the petition asserts a vested right related to a specific regulation or to an entire project.
(4)
Identification of Regulations.
(A)
Identification of all city regulations in effect at the time the original application for the permit was filed that (a) the owner contends are vested and (b) the owner contends control the approval, disapproval, or conditional approval of an approval for a permit, pursuant to chapter 245 at section 245.002(a) and (b).
(B)
Identification of all city regulations, with particularity and in detail, that the property owner contends do not apply to the project due to the vested rights provided the property owner by chapter 245.
(i)
Global references to a particular ordinance, or set of criteria, may be deemed insufficient and the city may consider the request for a vested rights determination to be incomplete and, hence, not subject to a staff determination at that time.
(C)
Identification of any current city regulations which the petitioner agrees can be applied to the application at issue.
(5)
Copies of Applications.
A copy of each approved or pending application which is the basis for the contention that the city may not apply current standards to the application which is the subject of the petition.
(6)
Submittal Date of First Application.
The submittal date of the first application that began the vesting process (i.e., first permit in the series of permits required for the project), as identified in article 14.800, Zoning Application Submittal and Processing Procedures.
(7)
Submittal Date of Subsequent Application.
If applicable, the submittal dates of subsequent applications for the permits for the project.
(8)
Narrative Description of How Current Regulations Affect Proposed Use.
A narrative description of how the application of current regulations affect proposed use of the land, landscaping or tree preservation, usable open space, or park dedication, lot size, lot dimensions, coverage or building size shown on the application for which the petition is filed.
(9)
Copies of Prior Vested Rights Determinations.
A copy of any prior vested rights determination involving the same land.
(10)
Benchmarking Project Progress for Expiring Permits or Applications.
Whenever the petitioner alleges that a permit or application subject to expiration should not be terminated, a description of the events constituting progress toward completion of the project for which the permit subject to expiration was approved.
(e)
Validity and Expiration of Different “Permits” for Vesting Purposes.
(1)
Required Plan Validity and Expiration.
(A)
Required Plan.
A site plan, specific use permit’s site plan, or’s site plan, shall be considered a “permit” as described by state law in section 245.005, as amended, of the Texas Local Government Code (TLGC) and herein be referred to as “required plan.”
(B)
Appropriate Approval Required for a “Permit”.
A required plan shall not be considered a “permit” unless it has been approved by the appropriate entity before the effective date of these regulations, or an application for a required plan is complete as of the effective date of these regulations.
(C)
Required Plan Expiration.
Any approved required plan shall be deemed expired two (2) years from the date on which the required plan was originally approved by the appropriate entity if no progress has been made toward completion of the project.
(D)
Progress Benchmarks.
The term “progress” shall be as defined based on TLGC section 245.005 as follows:
(i)
Plans for construction and an application for a building permit for at least one of the buildings on the approved required plan are submitted within two (2) years following approval of the required plan;
(ii)
A good-faith attempt is made to file with the city an application for a permit necessary to begin or continue towards completion of the project;
(iii)
Costs have been 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 project (but exclusive of land acquisition) in the aggregate amount of five percent (5%) of the most recent appraised market value of the real property on which the project is located;
(iv)
Fiscal security is posted with the city to ensure performance of an obligation required by the city; or
(v)
Utility connection fees for the project have been paid to the city.
(E)
Required Plan Expiration.
If one of the items listed in section 14.1004(e)(1)(D)(i) through (v) above is not accomplished within the two (2) year period, the approved required plan shall expire upon the second (2nd) anniversary of its approval by the appropriate entity, and shall become null and void.
(F)
Required Plan Extension and Reinstatement Petition.
(i)
Prior to the expiration of a required plan, the applicant may petition the city (in writing) to extend the required plan approval.
(ii)
The city manager shall be the responsible official for processing and review of the application.
(iii)
Such petition shall be recommended for approval or denial by the planning and zoning commission, and shall be granted approval or denied by the city council.
(iv)
If no petition is submitted, then the required plan shall be deemed to have expired and shall become null and void.
a.
Any new request for required plan approval thereafter shall be deemed a “new permit,” and shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section.
b.
The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.
(v)
In determining whether to grant a request for extension, the planning and zoning commission and city council shall take into account the following:
(2)
Building Permit Site Plan Validity and Expiration.
A site plan required as part of a building permit application shall be considered a “permit” as described by state law in section 245.005, as amended, of the Texas Local Government Code (TLGC).
(A)
Building Permit Site Plan Expiration.
Any approved building permit site plan shall be deemed expired two (2) years from the date on which the building permit site plan was approved if no progress has been made toward completion of the project.
(B)
Progress Benchmarks.
The term “progress” shall be as defined based on TLGC section 245.005 as follows:
(i)
Plans for construction and an application for a building permit for at least one of the buildings on the approved building permit site plan are submitted within two (2) years following approval of the building permit site plan.
(ii)
A good-faith attempt is made to file with the city an application for a permit necessary to begin or continue towards completion of the project;
(iii)
Costs have been 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 project (but exclusive of land acquisition) in the aggregate amount of five percent (5%) of the most recent appraised market value of the real property on which the project is located;
(iv)
Fiscal security is posted with the city to ensure performance of an obligation required by the city; or
(v)
Utility connection fees or impact fees for the project have been paid to the city.
(C)
Expiration.
If one of the items listed in section 14.1004(e)(2)(B)(i) through (v) above is not accomplished within the two (2) year period, then the approved building permit site plan shall expire and shall become null and void.
(D)
Building Permit Site Plan Extension and Reinstatement Petition.
(i)
Prior to the expiration of a building permit site plan, the applicant may petition the city (in writing) to extend the building permit site plan approval.
(ii)
The city manager shall be the responsible official for processing and review of the application.
(iii)
Such petition shall be recommended for approval or denial by the planning and zoning commission, and shall be granted approval or denial by the city council.
(iv)
If no petition is submitted, then the building permit site plan shall be deemed to have expired and shall become null and void.
a.
Any new request for building permit site plan approval shall be deemed a “new permit,” and shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section.
b.
The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.
(v)
In determining whether to grant a request for extension, the planning and zoning commission and city council shall take into account the following reasons for the lapse.
(3)
Planned Development Master Plan–Validity and Expiration.
In conformance with TLGC chapter 245, as amended, the applicant shall retain the following additional rights related to an approved planned development master plan.
(A)
Vesting Plat Submittal Within Two (2) Years Required.
(i)
An application for a vesting plat shall be submitted for approval within two (2) years of the date of approval of a planned development master plan, unless otherwise provided in the PDD adopting ordinance.
(ii)
If a vesting plat consistent with the planned development master plan is not submitted within such period, the planned development master plan shall expire.
(B)
Expiration of an Approved Vesting Plat.
(i)
The expiration of an approved vesting plat shall be governed by the provisions of the subdivision ordinance.
(ii)
If a required development application (e.g., vesting plat, filing plat, building permit) is submitted within the two (2) year period, but such development application subsequently expires, the associated planned development master plan shall also expire.
(4)
Ability to Retain the Rights to the Project.
In conformance with TLGC chapter 245, as amended, the applicant shall retain the following rights related to a proposed [project] following submittal and approved [approval] of a planned development master plan.
(A)
Ability to Submit Applications for Five (5) Years.
(i)
The applicant shall retain the ability to submit a new planned development master plan for a period of five (5) years following the original planned development master plan approval.
(ii)
Such new planned development master plan may only be for a substantially similar PDD project.
(iii)
However, any such new planned development master plan shall adhere to any and all new standards and regulations that the city has adopted in relation to a planned development master plan and/or any other PDD application requirements.
(B)
Expiration of Project in Five (5) Years.
Any PDD project for which no vesting plat has been submitted for a period of five (5) years following the approval of the related planned development master plan shall expire on the last day of that five (5) year period.
(C)
Planning and Zoning Commission Consideration.
(i)
After such five (5) year period has ended and the project expires, the planning and zoning commission shall consider whether the undeveloped land within the PDD should be changed to another zoning classification in accordance with the procedures for a zoning amendment pursuant to section 14.902, Zoning Text and Map Amendments.
(ii)
The commission thereafter shall recommend to the city council whether the right to submit a vesting plat or other development application for the same PDD project should be reinstated, or whether the property should be rezoned to another classification.
(D)
City Council Consideration.
(i)
The commission’s recommendation shall be considered by the city council in accordance with procedures for a zoning amendment pursuant to section 14.902, Zoning Text and Map Amendments.
(ii)
The council shall determine whether the right to submit the vesting plat or other development application for the same PDD project should be reinstated, or whether the property should be rezoned to another classification.
(iii)
In making such determination, the council shall consider the following factors:
a.
Whether the remains consistent with the comprehensive plan;
b.
Whether the uses authorized in the PDD project are compatible with existing and planned land uses adjacent to the site;
c.
Whether there are extenuating circumstances justifying the failure to submit a vesting plat or other development application during the applicable time period; and
d.
Whether rezoning the property to another classification constitutes confiscation of a vested property right or deprives the owner of the economically viable use of the land.
(E)
Council Action.
Upon the above subsections occurring, the city council may take the following actions:
(i)
Reinstate the right to submit the vesting plat or other development application for the original PDD project within a certain time period, subject to any conditions that may be appropriate to ensure that significant progress will be made toward development of land within the PDD district;
(ii)
Modify the PDD district regulations applicable to the property; or
(iii)
Repeal the PDD district for portions of the property and zone such property to another zoning district classification.
(f)
Decision of a Zoning Vested Rights Petition.
(1)
Review of a Zoning Vested Rights Petition.
The responsible official shall promptly forward the owner’s vested rights request, along with any supporting information or documentation provided along with the request, to the city manager and city attorney for their respective reviews.
(2)
Decision on a Zoning Vested Rights Petition.
(A)
The city manager, after consultation with the city attorney, shall issue a final administrative determination of whether a vested right exists in relation to the project, and shall identify, with particularity, all claims for vested rights that have been granted and all claims for vested rights that have been denied.
(B)
The city manager shall issue a final administrative determination with thirty (30) business days from the receipt of the responsible official.
(3)
Vesting Pre-Determination Conference.
Prior to rendering the final determination, the city manager may request a pre-determination conference with the owner to discuss the owner’s vested rights claim and to ensure that the nature of the claim is fully and completely understood by the city manager prior to a final determination being rendered.
(g)
Appeal to the Council of a Decision on a Zoning Vested Rights Petition.
(1)
If the property owner or the city council believes that the city manager’s vested rights determination is in error, the property owner or city council shall have the right to appeal within thirty (30) business days of such determination to the city council, which will have jurisdiction to hear and decide the appeal pursuant to this zoning ordinance and chapter 211 of the Texas Local Government Code.
(2)
The property owner may also request the zoning board of adjustment to grant a zoning variance from the regulations at issue under the same standards governing variances for other matters, as set forth in this zoning ordinance and/or chapter 211 of the Texas Local Government Code.
(h)
Judicial Review.
Should the property owner or any aggrieved person be dissatisfied with the actions of the city council, they may avail themselves of all legal remedies to review the decision as set forth in section 211.011 of the Texas Local Government Code.
(i)
Binding Determination.
(1)
The city manager’s final determination, if not appealed to the city council within thirty (30) business days, shall be immediately filed in the city’s files related to the project and the determination shall be considered binding upon the city and the property owner for the duration of the project.
(2)
Similarly, any decision by the city council regarding a vested right claim shall be filed in the city’s files related to the project and the determination shall be considered binding upon the city and the property owner for the duration of the project.
(3)
Notwithstanding the binding nature of the city manager’s final determination and any ruling by the city council, the city and the property owner may, at any time, enter into a development agreement that, to the extent authorized by law, modifies the final determination and the applicable development regulations to be applied to the project.
(j)
Action on Petition and Order.
(1)
Action on the Petition.
The city manager or city council on the petition or appeal may take any of the following actions:
(A)
Deny the relief requested in the petition, and direct that the application shall be reviewed and decided under currently applicable standards;
(B)
Grant the relief requested in the petition, and direct that the application be reviewed and decided in accordance with the standards contained in identified prior regulations; or
(C)
Grant the relief requested in part, and direct that certain identified current standards be applied to the application, while standards contained in identified prior regulations also shall be applied.
(Ordinance 2021-08 adopted 2/11/21)