Zoning regulations and districts are herein established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the citizens of the city. They are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; and to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been established with reasonable consideration for the character of each district and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(Ord. No. 2003-0417, § 2, 4-17-2003)

(a)

General rules of construction. The following rules of construction shall apply to the interpretation of words used in this chapter:

(b)

Special definitions. Except to the extent a particular provision specifies otherwise, the following definitions shall apply throughout this chapter:

Abutting property means property abutting upon a street and shall also be understood as abutting property on the other side of the street.

Accessory useor building means a use or building subordinate to and detached from the main building and used for purposes customarily incidental to the primary use of the premises.

Adjacent means next to or closest to but does not necessarily mean touching.

Alley means a public space or thoroughfare which affords only secondary means of access to property abutting thereon.

Antenna/microwave reflector means an apparatus constructed of solid, mesh, or perforated materials of any configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. The term "antenna/microwave reflector" includes, but is not limited to, what are commonly referred to as satellites which receive only earth stations.

Antenna, radio or television means the arrangement of wires or metal rods used in the sending and/or receiving of electromagnetic waves.

Apartment means a room or suite of rooms in a multifamily dwelling or apartment house designed or occupied as a place of residence by a single-family, individual or group of individuals.

Apartment house means any building or portion thereof which is designed, built, rented, leased or let to be occupied as a home or place of residence by three or more families living in independent dwelling units.

Area of the lot or building site means the net area of the lot or site. The term "area of the lot or building site" does not include portions of streets and alleys.

Basement means a building story which is partly underground, but having at least one-half of its height above the average level of the adjoining ground. The term "basement" does not mean a story in computing building height.

Block means an area enclosed by streets and occupied by or intended for buildings. The term "block," in reference to measurement, means the distance along a side of a street between the nearest two streets which intersect said street on said side.

Board of adjustment means the zoning board of adjustment.

Buildable width means the width of the building site left to be built upon after the required side yards are provided.

Building means any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.

Building, detached, means a building surrounded by yard or open space on the same building lot.

Building ends means those sides of a building having the least dimension as compared to the front or rear of a building. As used in the building space regulations for multiple-family dwelling, the term "building end" means the narrowest side of a building regardless of whether it fronts upon a street, faces the rear of the lot or adjoins the side lot line or another building.

Building, front of, means the side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.

Building inspector means the building official or person charged with the enforcement of the zoning and building codes of the city.

Building line means a line parallel or approximately parallel to the street line at a specified distance therefrom constituting the minimum distance from the street line that a building may be erected.

Building lot means a single tract of land located within a single block which (at time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control. It shall front upon a street or approved place. Therefore, a building lot may not coincide with a lot of record. A building lot may be subsequently subdivided into two or more building lots, and a number of building lots may be cumulated into one building lot, subject to the provisions of this chapter.

Building, main or primary, means a building in which is conducted the principal use of the lot on which it is situated.

Building official means the building inspector.

Canopy means any structure of a permanent fixed nature attached to or independent of the main structure, built and designed for the purpose of shielding from the elements, persons or chattels or a roof-like structure of a permanent nature which is supported by or projects from the wall of a structure.

Cellar means a building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.

Certificate of occupancy and compliance means an official certificate issued by the city through the enforcing official indicating conformance with or approved conditional waiver from the zoning regulations and authorizing legal use of the premises for which it is issued.

Contiguous means touching or in contact.

Court means an open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space.

Coverage means the percent of a lot or tract covered by the roof or first floor of a building.

Depth of lot means the mean horizontal distance between the front and rear lot lines.

Depth of rear yard means the mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line except as modified in the text of any section in this chapter.

District means a section of the city for which the regulations governing the area, height or use of the land and buildings are uniform.

Duplex means a building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof.

Dwelling unit means a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, except for buildings designed and used as hotels, boardinghouses, roominghouses, and motels.

Family means an individual or group of two or more persons related by blood, marriage, adoption or guardianship including foster children, exchange students, and servants together with not more than two additional persons not related by blood, marriage or adoption to the previously identified individual or group, living together as a single housekeeping unit in a dwelling unit or a family home for the disabled as defined by the Community Homes for Disabled Persons Location Act, Vernon's Ann. Civ. St. art. 1011n, as it presently exists or may be amended in the future, but not including household care or rehabilitation care facilities.

Floodplain means an area of land subject to inundation by a 100-year frequency flood, as shown on the floodplain map of the city. The term "floodplain" is interchangeable with the term "flood hazard area."

Floor area means the total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports, garages or porches.

Floor area ratio means the ratio of total building floor area to lot area.

Front yard. See Yard, front.

Garage sale means the sale of items normally accumulated by a household subject to compliance with each of the following conditions:

(1)

No more than four garage sales shall be allowed for the same location in any 12-month period. The duration of the garage sale shall not exceed three consecutive days.

(2)

For more details, see Ord. No. 94-1.

Gross floor area is measured by taking outside dimensions of the building at each floor level.

Heavy load vehicle (HLV) means a self-propelled vehicle having a manufacturer's recommended Gross Vehicle Weight (GVW) of greater than 11,000 pounds, such as large recreational vehicles, tractor-trailers, buses, vans, and other similar vehicles. The term "truck" means heavy load vehicle unless specifically stated otherwise.

Height means the vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to:

(1)

The highest point of the roof's surface if a flat surface;

(2)

The deck line of mansard roofs; or

(3)

The mean height level between eaves and edge for hip and gable roofs; and

(4)

In any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet. If the street grade has not be officially established, the average front yard grade shall be used for a base level.

Landscape screen means plant material of the evergreen variety, a minimum of six feet in height at the time of installation and planted on four-foot centers. All such landscape screens shall be permanently maintained. Adequate facilities shall be provided for permanent watering at the time of installation.

Light load vehicles (LLV) means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight not greater than 11,000 pounds, and having no more than two axles, such as pick-up trucks, vans, recreational vehicles, campers and other similar vehicles, but not including automobiles and motorcycles.

Living unit means the room occupied by a family and which includes cooking facilities.

Lot means an undivided tract or parcel of land under one ownership having frontage upon a public street or officially approved place, either occupied or to be occupied by a building or building group, together with accessory buildings, and used together with such yards and other open spaces as are required by this chapter, which parcel of land is designated as a separate and distinct tract and is identified by a tract or lot number or symbol in a duly approved subdivision plat of record.

Lot, corner, means a lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the building inspector.

Lot coverage means the percentage of the total area of a lot occupied by the base (first story of floor) of a building located on the lot or the area determined as the maximum cross-sectional area of the building.

Lot line, front, means that boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line; provided that a front and rear yard are provided adjacent and opposite, respectively, to the front lot line.

Lot line, rear, means that boundary of a building lot which is most distant from or is most nearly parallel to the front lot line.

Lot line, side, means that boundary of a building lot which is not a front lot line or a rear lot line.

Lot lines means the lines bounding a lot as defined herein.

Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the office of the county clerk; or a parcel of land the deed for which is recorded in the office of the county clerk prior to the adoption of the ordinance from which this chapter is derived.

Lot or building site means land occupied or to be occupied by a building and its accessory building, and including such open spaces as are required under this chapter, and having its principal frontage upon a public street or officially approved place.

Lot width means the width of a lot at the front building lines.

Main building means the building on a lot which are occupied by the primary use.

Manufactured home (HUD-Code) park means any tract of land, under single ownership, of not less than one-half acres and not more than ten acres, approved for occupancy by manufactured housing and accessory structures related thereto and designed and operated in accordance with standards herein set forth or as set forth in any other ordinance of the city relating to the location, use, construction, operation or maintenance of manufactured housing.

Manufactured home (HUD-Code) subdivision means a tract of land of not less than two acres to be used as a location primarily for owner-occupied HUD-Code manufactured homes and which has been final platted of record in its entirety in accordance with the city's subdivision regulations and in accordance with section 56-645(2).

Manufactured modular homes means a structure or building module as defined by statute and under the jurisdiction and control of the Texas Department of Labor and Standards, installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term "manufactured modular homes" includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term "manufactured modular homes" does not include a mobile home as defined by statute; nor does it include building modules incorporating concrete or masonry as the primary structural component.

Manufacturing processes means uses restricted from other zoning districts but permitted in the M-1 and M-2 districts, under this definition, are manufacturing and industrial uses which do not emit dust, smoke, odor gas, fumes, or present a possible hazard beyond the bounding property lines of the lot or tract upon which the use are located, and which do not generate noise or vibration at the boundary of the lot or tract which is generally perceptible in frequency or pressure above the ambient level of noise or vibration in the adjacent area.

Mobile home park. See Manufactured home (HUD-Code) park.

Mobile home subdivision. See Manufactured home (HUD-Code) subdivision.

Nonconforming building or use means a building, structure or use of land lawfully occupied at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto, and which does not conform to the use regulations of the district in which it is located.

Occupancy means the use or intended use of the land or buildings by proprietors or tenants.

Off-street parking incidental to main use means off-street parking spaces provided in accordance with the requirements specified by this chapter and located on the lot or tract occupied by the main use or within 200 feet of such lot or tract and located within the same zoning district as the main use or in an adjacent parking district.

Off-street parking space means an area for the temporary storage of an automobile which shall be permanently reserved for such purpose and which shall not be within or on any public street, alley or other right-of-way. (See division 2, article IV of this chapter for detailed descriptions and regulations.)

Open space means the area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material. Also see Usable open space (section 56-2).

Open storage means the storage of any equipment, machinery, commodities, raw, semi-finished materials, and building materials not accessory to a residential use, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level, for more than 24 hours.

Parking space means an all-weather surfaced area used for parking a vehicle, not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street, permitting free ingress and egress without encroachment on the street.

Planning and zoning commission means the duly appointed planning and zoning commission of the city.

Plat means a plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the city and subject to approval by the planning and zoning commission.

Radio, television and microwave towers means structures supporting antenna for transmitting or receiving any portion of the radio spectrum but excluding non-commercial antenna installations for home use of radio or television.

Residence, when used with district, means an area of residential regulations. See Dwelling.

Residential district means any zoning district included in this chapter in which residential use constitutes the primary permitted use classification, including the SF-E, SF-1, SF-2, MF, MH-1 and MH-2 district classifications.

Room means a building or portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters, but not including toilet or cooking facilities.

Screening device. See Landscape screen.

Setback means the minimum horizontal distance between the front wall of any projection of the building, excluding steps and unenclosed porch and the side street.

Sign means an outdoor advertising device that is a structure, or that is attached to or painted on a building, or that is leaned against a structure for display on a premises.

Site plan means a detailed line drawing, to scale, showing scale used, north arrow, date and title of project, clearly describing the project and showing the following information:

(1)

Property lines, location and widths of all streets, alleys and easements.

(2)

Proper dimensions on all fundamental features such as lots, buildings, parking spaces and landscaped areas.

(3)

The location of setback lines, driveway openings and sidewalks.

(4)

All proposed buildings, freestanding sign locations, parking areas and open spaces.

(5)

All required landscaping, together with a description of type of material to be used.

(6)

A cross section of any required or proposed screening.

(7)

Total square footage of the development lot; total square footage of proposed structures; total footage of landscaped areas; total percentage of coverage; density of floor area ratio where applicable; height of all structures; number of parking spaces; square footage and design features of all signs; and solid waste collection facilities.

(8)

Name, address and telephone number of the proponent.

Story means the height between the successive floors of a building from the top floor to the roof. The standard height for a story is 11 feet, six inches.

Street means any thoroughfare or public driveway, other than an alley, more than 30 feet in width, which has been dedicated or deeded to the public or public use.

Street line means a dividing line between a lot, tract or parcel of land and a contiguous street; the right-of-way.

Structural alterations means any change in the supporting member of a building, such as a bearing wall, column, beams or girders.

Structure. See Building.

Swimming pool (private) means a swimming pool constructed for the exclusive use of the residents of a single-family, two-family, or apartment dwelling and located within the required side or rear yards; however, a pool shall not be located closer than eight feet to any property line.

Tennis court (private) means a surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for night play in residential areas except as may be otherwise provided or restricted by the specific use permit.

Thoroughfare. See Street.

Two-family dwelling means a building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof.

Usable open space means an open area which is designed and intended to be used for outdoor living and/or recreation. An area of common usable open space shall have a slope not exceeding ten percent, shall have no dimension of less than ten feet, and may include landscaping, walks, water features and decorative objects. The term "usable open space" does not include rooftops, accessory buildings, parking areas, driveways, turnaround areas, or rights-of-way or easements for streets or alleys.

Variance means an adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.

Wholesale means the sale of goods, merchandise, services and/or commodities for resale by the purchaser and does not offer retail sales to the general public.

Yard means an open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point 40 inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and plant material.

Yard, front, means an open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located.

Yard, rear, means an open, unoccupied space, except for accessory buildings placed at least five feet off the property line, as herein permitted extending across the rear of a lot from one side lot line to the other side lot line.

Yard, side, means an open, unoccupied space or spaces on one side or two sides of a main building and on the same lot with the building, situated between he building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line not the rear line or front line shall be deemed a side line.

Zoning district map means the official certified map upon which the boundaries of the various zoning districts are drawn.

Zoning ordinance means the ordinance, from which this chapter is derived, containing land use regulations for the city.

(Ord. No. 2003-0417, § 37, 4-17-2003)

Every application for approval of any type of plat or plan for development under this code shall be subject to a determination of completeness by the reviewing official. In this article, the term "reviewing official" shall mean the building official, planning and zoning coordinator, or the public works reviewing official depending on the type of application.

(1)

No application shall be deemed complete and accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this code or other applicable ordinance. For a determination of completeness to be issued, an application must include the following:

a.

A completed application;

b.

Every item, study, and document required by this code or other applicable ordinance for the type of plat being submitted, or required for the plan for development;

c.

Applicable fee, as specified in the city fee schedule; and

d.

Evidence that the requirements of all applicable regulations and ordinances of the city are satisfied.

(2)

The reviewing official may from time to time identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in this code or other applicable ordinance.

(3)

A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this code or other applicable ordinances.

(4)

Not later than the tenth business day after the date an application is submitted, the reviewing official shall make a written determination whether the application constitutes a complete application. This shall include a determination that all information and documents required by this code or other applicable ordinances have been submitted. A determination that the application is incomplete shall be mailed to the applicant within such time period by United States Certified Mail or regular mail at the address listed on the application or by personal delivery to the applicant or the applicant's agent. The determination shall specify the documents or other information needed to complete the application and shall state that the application will expire if the documents or other information is not submitted within 45 days after the date the application was submitted.

a.

An application for approval of a plat or plan for development filed on or after the effective date of this section shall be deemed complete on the 11th business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete.

b.

For purposes of this section, the applicant shall be deemed to have been notified if the city has mailed or delivered a copy of the determination as provided in this subsection.

c.

The processing of an application by any city employee prior to the time the application is determined to be complete shall not be binding on the city as the official date of acceptance of the application for filing. The date of filing shall be the date the reviewing official determines that the application meets the requirements of this code or other applicable ordinances governing the development, such as this chapter, except for any requested variances.

(5)

The incompleteness of an application shall be grounds for denial of the application regardless of whether a determination of incompleteness was mailed to the applicant.

(6)

An application for approval of any type of plat or plan for development shall expire on the 45th day after the application is submitted to the reviewing official for processing if the applicant fails to provide documents or other information necessary to meet the requirements of this code or other ordinance as specified in the determination provided to the applicant. Upon expiration, the application will be returned to the applicant together with any accompanying documents. Thereafter, a new application for approval of the plat or other plan for development must be submitted.

(7)

No vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied.

(Ord. No. 2021-0603, § 2, 6-3-2021)

(a)

Purpose and applicability.

(1)

This section establishes requirements for determining whether a project is entitled to vested rights under V.T.C.A., Local Government Code Chapter 245 or § 43.002. To the extent a project is entitled to vested rights, as determined under this section, a permit necessary to initiate, continue, or complete the project may be exempt from some requirements of this code.

(2)

The purpose of this section is to:

a.

Establish a clear and consistent process for evaluating vested rights claims;

b.

Ensure that vested rights determinations are based on accurate and complete information, including the nature and scope of the original project for which vested rights are asserted, as well as any actual development that has occurred over time; and

c.

Recognize legitimate claims of vested rights under state law, while ensuring that new development complies to the greatest extent possible with current regulations.

(3)

The requirements of this code apply within the corporate limits of the city, and shall further apply to any and all legal annexations of land or additions made to the city subsequent to the effective date of this section, and apply in the city's extraterritorial jurisdiction to the fullest extent provided by state law.

(b)

Fair notice application.

(1)

A fair notice application shall be used to establish vesting date for any new project that is filed for review under currently effective regulations, and for which no prior permits have been sought.

(2)

The applicant shall obtain the fair notice application checklist from the city.

(3)

A fair notice application shall include a conceptual development plan for the property, including the scope and intensity of development, as well as the nature of the land use. Construction-level detail shall not be required.

(4)

A fair notice application may be used in lieu of a permit application to establish vested rights for a new project (cf. permit application requirements for vested rights).

(5)

The reviewing official shall accept a fair notice application, if complete, to establish vesting date for a new project.

(6)

Acceptance of a fair notice application does not authorize construction or have any effect other than that prescribed by this section.

(c)

Vested rights petition required. A petition for vested rights shall be submitted by a landowner or a landowner's agent in order to request that an application for a permit be reviewed under ordinances, regulations, or rules other than those in effect on the date the application is filed. The application shall conform to the requirements of subsection (d).

(d)

Contents of vested rights petition.

(1)

A petition for vested rights shall be submitted on a form approved by the reviewing official and must include, at a minimum, the following information:

a.

A permit application for development of the property, which must be submitted concurrent with the vested rights petition;

b.

A conceptual development plan for the property, including the scope and intensity of development, as well as the nature of the land use. Construction-level detail shall not be required;

c.

A summary of the basis on which the applicant claims vested rights;

d.

The date on which the applicant claims that vested rights accrued;

e.

Any permit or fair notice application that was submitted on the claimed date; and

f.

A complete chronological history of the project for which vested rights are claimed, including:

1.

A list of permits for development of the property, along with supporting documents, that were issued or applied for after the date the applicant claims that vested rights accrued;

2.

A description of any permitted or unpermitted development that occurred on the property after the date the applicant claims that vested rights accrued;

3.

A description of existing development on the property, regardless of whether the development is permitted or unpermitted;

4.

A list of all annexations and zoning changes affecting the property, if any;

5.

Any covenants, conditions, or restrictions recorded in the deed records for the property; and

6.

If deemed relevant by the reviewing official, evidence regarding progress towards completion of the project.

(2)

The reviewing official may allow an applicant to omit information required under this section if, in the sole judgment of the reviewing official, an application is associated with a project for which vested rights have been conclusively established by a court order, or by a settlement agreement approved by the city council.

(e)

Completeness review for vested rights petition. A vested rights petition and associated permit or a fair notice application are treated as a single application for purposes of completeness review and expiration.

(f)

Vested rights determination.

(1)

Not later than ten working days after acceptance of a complete vested rights petition, the reviewing official shall review the petition under subsection (g) (Criteria for approval) and render a determination consistent with the requirements of this section.

(2)

In acting on a petition, the reviewing official may:

a.

Approve the petition and require the development applications necessary to initiate, continue, or complete the project to be reviewed in accordance with regulations in effect on the vesting date, except for those regulations exempt from vesting under state law;

b.

Deny the petition and require the development application associated with the project to be reviewed under current regulations of this title; or

c.

Approve the petition in part, according to the provisions of this section.

(3)

The reviewing official may approve a petition in part if a project is legally entitled to some, but not all, of the rights asserted in the petition, or if a change in the scale or intensity of development is necessary to maintain conformity with the original project. A vested rights determination may not waive or modify applicable regulations or provide relief not required by V.T.C.A., Local Government Code Chapter 245 or § 43.002.

(4)

The reviewing official shall provide a written determination to the applicant, which must state:

a.

Whether the petition is approved or denied, in whole or in part, and the basis for the decision;

b.

Findings of fact in support of the decision and information sufficient to identify the permit or fair notice application on which the petition is based; and

c.

If the petition is approved:

1.

A description of the project for which vested rights are recognized; and

2.

A vesting date.

(5)

An applicant may request that the reviewing official reconsider a vested rights determination at any time within 30 days after receipt of the initial vested rights determination. The reviewing official's decision on a reconsideration request is final and not subject to further reconsideration.

(g)

Criteria for approval. A vested rights determination under this section does not affect the availability of a variance or other administrative remedy authorized by this code.

(1)

Chapter 245 petitions.

a.

General standard. A permit application is entitled to development rights under V.T.C.A., Local Government Code Chapter 245 if the permit is required to initiate, continue, or complete a project for which a prior application was submitted to the city. An application is not entitled to development rights if it is unrelated to or inconsistent with the original project, or if the original project has been completed, changed, or expired.

b.

Review criteria. In determining whether a petition meets the standard for approval under this subsection, the reviewing official shall consider the following factors:

1.

The nature and extent of proposed development shown on the prior permit or other application that initiated the project for which vested rights are claimed;

2.

Whether the permit application submitted in connection with the vested rights petition is related to and consistent with the original project;

3.

The nature and extent of prior development of the property, including any permitting or construction activity that occurred subsequent to the vesting date requested by the applicant;

4.

Any prior vested rights determinations made for development of the property; and

5.

Whether the project has become dormant in accordance with the provisions of this section or other applicable regulations.

c.

The criteria in this subsection are intended to assist the reviewing official in reviewing Chapter 245 petitions, but do not limit the reviewing official from considering other factors relevant to the determination of rights for a particular project.

(2)

Continuing use petitions.

a.

General standard. A permit application is entitled to use rights under V.T.C.A., Local Government Code § 43.002 to the extent that current regulations would prohibit:

1.

Continued use of the land in the manner in which it was being used on the date that annexation proceedings were instituted, if the use was legal at that time; or

2.

Beginning to use land in the manner that was planned before the 90th day before the effective date of the annexation if:

3.

One or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned land use; and

4.

A completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted.

b.

Review criteria. In determining whether a petition meets the standard for approval under this subsection, the reviewing official shall consider the nature and extent of development that:

1.

Occurred on the property prior to initiation of annexation proceedings, including photographs or other evidence substantiating the use; or

2.

Was proposed in one or more required applications that have been approved by a governmental entity.

c.

The criteria in this subsection are intended to assist the reviewing official in reviewing continuing use petitions, but do not limit the reviewing official from considering other factors relevant to the determination of rights for a particular project.

(h)

Effect of vested rights determination. If the reviewing official approves a vested rights petition, any permit required to initiate, continue, or complete the project shall be entitled to the development or continuing use rights recognized by the vested rights determination, unless the project becomes dormant under the provisions of section 54-5 or other applicable regulations.

(i)

Administrative guidelines.

(1)

The reviewing official may adopt guidelines to assist in reviewing applications.

(2)

Guidelines adopted under this section for review of vested rights petitions may be used to help address common questions that arise in determining vested rights, including but not limited to:

a.

Whether a permit application is required to continue, complete, or initiate the project for which vested rights are claimed;

b.

Whether the project for which vested rights are claimed has been completed, changed, or expired; and

c.

Whether progress towards completion of a project has been made under section 54-5 (Dormant projects).

d.

Guidelines adopted under this section shall be posted on the department's website and made available to the public, but need not be adopted by administrative rule.

(j)

Appeal of vested rights determination.

(1)

Right to appeal. An applicant may appeal the reviewing official's decision on the application for vested rights determination to the city council. An appeal under this section stays acceptance by filing of any related development applications.

(2)

Process. The application for appeal shall be made in writing to the city secretary and shall state the basis for requesting the appeal. The appeal shall be made within ten days of the date of the letter. The city secretary shall schedule a hearing before the city council within 30 days of the date the appeal is submitted.

(3)

Appeal of council decision. A person dissatisfied with the decision of the city council may appeal the decision to a court within the county in which the property is located. The person shall file the appeal with the court within 30 days of the decision of the city council. If no appeal is filed, the decision of the council shall be final.

(Ord. No. 2021-0603, § 2, 6-3-2021)

(a)

This section is adopted under V.T.C.A., Local Government Code § 245.005 to provide expiration dates for permits that lack an expiration date under applicable regulations. This section does not apply to a permit that is subject to an expiration date under the regulations applicable to the permit. For purposes of this section, a permit that is not subject to an expiration date is an "unexpired permit."

(b)

If an unexpired permit was approved prior the effective date of this section, it shall expire five years after the date of its approval, unless the applicant submits evidence sufficient to show that progress towards completion of the project was made prior to expiration.

(c)

For purposes of this section, progress towards completion of a project includes any one of the following:

(1)

An application for a final plat or plan has been submitted and deemed complete;

(2)

A good-faith attempt has been made to file with the city or other regulatory agency an application for a permit necessary to begin or continue towards completion of the project;

(3)

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 of the most recent appraised market value of the real property on which the project is located;

(4)

Fiscal security has been posted with the city or other regulatory agency to ensure performance of an obligation required by that regulatory agency; or

(5)

Utility connection fees or impact fees for the project have been paid and account is in good standing.

(d)

If the first permit in a series of permits for a project expires based on dormancy of the project, then that permit cannot form the basis of a vested rights petition.

(Ord. No. 2021-0603, § 2, 6-3-2021)