Gonzales City Zoning Code
ARTICLE 14
800 ZONING APPLICATION SUBMITTAL AND PROCESSING PROCEDURES
§ 14.801 General Application Processing.
(a)
Initiation of Application.
(1)
Initiation by Owner or Owner’s Agent.
(A)
Unless provided by this zoning ordinance, any petition or application may be initiated only by the property owner, owner of an interest in the land, or by the owner’s designated agent.
(B)
If the applicant is a designated agent, the application shall include a written statement from the property owner authorizing the agent to file the application on the owner’s behalf.
(C)
The responsible official may require submission of documents, such as an affidavit from the owner, to provide evidence of ownership or agency.
(2)
Initiation by City Manager.
The city manager can initiate any application authorized under this zoning ordinance.
(b)
Waiver of Application Information.
The responsible official may initially waive the submission of any information in the application and accompanying materials that are not necessary due to the scope and nature of the proposed activity.
(c)
Universal Application Contents.
(1)
Application Forms Generally.
The city is hereby authorized to prepare application forms that include specific requirements, which can include but is not limited to, technical requirements, checklists, architectural or engineering drawings, applicant contact information, and any other information or exhibits deemed necessary to show compliance with city codes.
(2)
All application forms are available from the city manager.
(d)
Development Application Handbook.
The city manager shall create, manage, and update a Development Application Handbook, which shall be a collection of application forms that the city manager has created per section 14.801(c)(1).
(e)
Universal Application Fees.
(1)
Every application shall be accompanied by the prescribed fees set forth in the adopted fee schedule.
(2)
The prescribed fee shall not be refundable, except when the city council or city manager waives the application fee.
(3)
The fee schedule may be amended from time to time per procedures established by the city council.
(f)
Payment of All Indebtedness Attributable to the Subject Property.
(1)
No application shall be accepted or reviewed for completeness from a person who owes delinquent taxes, assessments, any fees, or is otherwise indebted to the city until the taxes, assessments, debts, or obligations shall have been first fully discharged by payment, or until an arrangement has been made for the payment of such debts or obligations.
(2)
It shall be the applicant’s responsibility to provide evidence or proof that all taxes, fees, etc. have been paid, or that other arrangements have been made for payment of said taxes, fees, etc.
(g)
Action by Responsible Official.
(1)
Circulate and Compile Comments.
After the determination of completeness has been established, the responsible official shall circulate the application to all other administrative officials and departments whose review is required for a decision on the application and shall compile the comments and recommendations of the officials.
(2)
Decision Rendered, If Applicable.
The responsible official shall render a decision in the time prescribed for the applicable application, if the official is the decision-maker for the application.
(3)
Forward Application and Provide Notification.
(A)
In cases where the responsible official is not the decision-maker, the responsible official shall forward the application for review to any advisory board/commission and the final decision-maker, and shall prepare a report to such board or commission, or to the city council, including the compilation of any comments and recommendations by other administrative officials.
(B)
If applicable, the responsible official also shall prepare required notices and schedule the application for decision within the time (if any) and in the manner required by this zoning ordinance.
(h)
Recommendation by Advisory Board/Commission.
Unless otherwise prescribed within this zoning ordinance, an advisory board/commission that is required to offer a recommendation to the decision-maker shall recommend one of the following:
(i)
Action by the Decision-Maker.
(1)
The decision-maker for the application shall approve, approve with conditions or deny the application in accordance with this zoning ordinance.
(2)
Unless otherwise prescribed by law or city charter, where the decision-maker is a board, commission or the city council, the application shall be decided by majority vote of a quorum of the members of the board, commission or the city council.
(j)
Conditions.
The initial or final decision-maker may attach such conditions to the approval of an application as are reasonably necessary to ensure compliance with applicable requirements of this zoning ordinance.
(Ordinance 2021-08 adopted 2/11/21)
§ 14.802 Official Vesting Date.
(a)
Official Vesting Date.
(1)
Pursuant to Texas Local Government Code chapter 245, an application or plan for development is considered filed on the date the applicant delivers the application or plan to the city or deposits the application or plan with the United States Postal Service by certified mail addressed to the city.
(2)
A certified mail receipt obtained by the applicant at the time of deposit is prima facie evidence of the date the application or plan was deposited with the United States Postal Service.
(3)
Every application or plan is subject to a determination of completeness by the responsible official for processing the application pursuant to section 14.804(b), Determination of Completeness for Zoning Related Applications.
(Ordinance 2021-08 adopted 2/11/21)
§ 14.803 Pre-Application Conference.
(a)
Purpose.
(1)
The pre-application conference is intended to allow for the exchange of non-binding information between the applicant and city staff to ensure that the applicant is informed of pertinent city development regulations and processes.
(2)
The pre-application conference provides an opportunity for the applicant and city staff to discuss major development considerations such as utilities, roadways, drainage concerns, comprehensive plan elements, specific neighborhood characteristics, and historic information.
(3)
This exchange of information is intended to promote an efficient and orderly review process.
(b)
Pre-Application Conference Before the Submission of Plans and Applications.
(1)
Prior to formal submittal of any required plan or application, the applicant is encouraged to consult with the city manager, the building official, and any other pertinent city staff in order for the applicant to become familiar with the city’s development regulations and the development process.
(2)
At the pre-application conference, the applicant may be represented by his/her agent, land planner, engineer, surveyor, or other qualified professional.
(c)
Vested Rights Waiver.
(1)
The pre-application conference is optional and allows for the exchange of information between the applicant and city staff. It is not the intent of the pre-application conference to bind either the applicant or city staff to items discussed at the meeting.
(2)
For consideration of a vested right to develop under previously adopted regulations, refer to section 14.1004, Zoning Vested Rights Petition.
(3)
A pre-application conference shall not commence or be held unless the property owner, or applicant as an authorized agent of the property owner, signs a vested rights waiver stating that no vested rights shall accrue from any discussion that occurs at the pre-application conference.
(4)
If the property owner does not sign a vested rights waiver, no such conference shall be held, and the property owner or his/her representatives may proceed with his/her application submittal as he/she so chooses.
(5)
A copy of the vested rights waiver form shall be available in the office of the city manager.
(Ordinance 2021-08 adopted 2/11/21)
§ 14.804 Applicability, Completeness, and Expiration.
(a)
Applicability.
The following procedures shall apply to any zoning related plan or application that is required by the city and is submitted in accordance with this zoning ordinance.
(b)
Determination of Completeness for Zoning Related Applications.
Every required application shall be subject to a determination of completeness by the responsible official for processing the application.
(1)
Acceptance Standards.
The application shall only be accepted by the responsible official for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this zoning ordinance. A typographical error shall not, by itself, constitute an incomplete application.
(2)
Acceptance Procedures.
A determination of completeness of an application shall be conducted in accordance with the following procedures:
(A)
A determination of completeness shall be made by the responsible official not later than the tenth (10th) business day, unless otherwise specified, after the official vesting date.
(B)
If the submitted application is incomplete, then the applicant shall be notified in writing not later than the tenth (10th) business day after the official vesting date.
(i)
Such notice shall be served by depositing it in the U.S. Postal Service, or by electronic mail transmission, before the tenth (10th) business day following submission of the application.
(ii)
The notification shall specify the documents or other information needed to complete the application, and shall state the date the application will expire if the documents or other information are not provided to the city.
(C)
An application shall be deemed complete on the eleventh (11th) business day after the application has been received if notice is not served in accordance with subsection 14.804(b)(2)(B) (above).
(D)
If the application is determined to be complete, the application shall be processed as prescribed by this zoning ordinance.
(3)
Acceptance Shall Not Constitute Compliance.
A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this zoning ordinance.
(4)
Acceptance Shall Not Guarantee Approval.
There is no implied intent or guarantee that an accepted and completed application will be approved, if after the application is deemed complete, it is determined that the application does not comply with this zoning ordinance.
(c)
Resubmittal After Notification of Incompleteness.
(1)
If the application is resubmitted after a notification of incompleteness within the time allotted in subsection 14.804(b)(2)(B) (above), the application shall be processed upon receipt of the resubmittal.
(2)
To the extent that the information or documents submitted are not sufficient to enable the decision-maker to apply the criteria for approval, the application may be denied on such grounds.
(d)
Expiration of a Zoning Related Application–Before Approval Decision.
Pursuant to Texas Local Government Code chapter 245, an application shall automatically expire (ending all vesting claims) at the close of business on the forty-fifth (45th) calendar day after the application’s official vesting date, if:
(1)
The applicant fails to provide documents or other information necessary to comply with the city’s technical requirements relating to the form and content of the permit application;
(2)
The city provides to the applicant, not later than the tenth (10th) business day after the date the application is filed, written notice that specifies the necessary documents or other information, and the date the application will expire if the documents or other information is not provided; and
(3)
The applicant fails to provide the specified documents or other information necessary to comply with the city’s requirements relating to the application within the time provided in the notification.
(e)
Zoning Amendment Application.
(1)
Complete Applications Required.
No zoning amendment application shall be accepted for filing or processing unless such request is accompanied by a completed application and all documents required by and prepared in accordance with the requirements of the Development Application Handbook, zoning regulations and any other applicable ordinance and it is filed with the city manager.
(2)
Texas Local Government Code chapter 245 does not apply to zoning amendment applications. Chapter 245 of the Texas Local Government Code, as amended, shall not apply to a zoning amendment application or an ordinance establishing zoning since neither is a permit under this zoning ordinance or LGC chapter 245.
(3)
Denial of Zoning Applications.
(A)
If any city official processes a zoning application prior to the application being determined complete, the application shall then be deemed invalid and shall be grounds for denial or revocation of such application.
(B)
A typographical error shall not constitute an incomplete application.
(C)
The applicant may be notified of such denial or revocation for an incomplete zoning application in writing.
(f)
Vesting Begins on the Official Vesting Date.
An application shall be vested into the standards of the zoning ordinance in effect at the time of the application’s official vesting date.
(g)
Submission of Previously Decided Zoning Related Application.
After the final decision on a specific application by the decision-maker, the same application shall not be submitted again until after six (6) months from the decision-maker’s action.
(Ordinance 2021-08 adopted 2/11/21)