The location of the project;

The proposed uses (in general terms);

The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities;

The relationship to existing development and street right-of-way;

The presence of natural resources, floodplains, and floodways on the parcel proposed for development; and

Any other conditions or items that the applicant believes are relevant to the processing of the application.

All territory hereafter annexed to the City of Hondo shall be temporarily classified as RE, Residential Estate Zoning District, until permanent zoning is established.

RE Residential Estate Zoning District can be either a permanent zoning or temporary zoning category. If used when annexing new territory, it shall be considered temporary zoning. If, after public hearings, the Planning and Zoning Commission and City Council determine that RE is the proper zoning then that district is considered permanent zoning.

An application for a permit on property which is temporarily zoned as described in the paragraph above for any use which is not allowed in RE Residential Estate Zoning per the requirements of the UDC shall be made to the Development Officer and by him referred to the Planning and Zoning Commission for consideration and recommendation to the City Council. The Planning and Zoning Commission, in making its recommendation to the City Council concerning any such permit, shall take into consideration the appropriate land use for the area, as shown in the Comprehensive Master Plan. The City Council, after receiving and reviewing the recommendation of the Planning and Zoning Commission, may by majority vote, authorize the issuance of a building permit or certificate of occupancy or may disapprove the application.

Any person, corporation, or group of persons having a proprietary interest in any property, upon proof of such interest, may petition for a change or amendment to the provisions of this ordinance, or the Planning and Zoning Commission may, on its own motion, institute proposals for change and amendment in the public interest. A Zoning Change Application and Zoning Change Submittal must be presented for consideration of a zoning change (See Appendix for Zoning Change Submittal).

Applications for a rezoning may also be initiated by a majority vote of the City Council.

In accordance with Chapter 211 of the Texas Local Government Code, the Planning and Zoning Commission shall hold a public hearing on any application for amendment, supplement, or change prior to making its recommendation and report to the City Council. Written notice of all public hearings before the Planning and Zoning Commission, on a proposed amendment, supplement or change shall be sent to all owners of real property lying within two hundred (200) feet of the property on which the change is requested. Such notice shall be given not less than ten (10) days before the date set for hearing, and may be served by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears on the last approved City Tax Roll.

Notice of Public Hearing: In accordance with Chapter 211 of the Texas Local Government Code, a public hearing shall be held by the City Council before adopting any proposed amendment, supplement, or change. At least fifteen (15) days’ notice of the time and place of such hearing shall be published in the official newspaper of the City of Hondo.

Staff Review. Development Officer shall review each proposed rezoning and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Development Officer shall provide a report and recommendation to the Planning and Zoning Commission.

After the public hearing, the Planning and Zoning Commission shall make a final report to the City Council.

If the Planning and Zoning Commission fails to issue a final report after 60 days to the City Council, then the report is deemed to have a recommendation of denial. If the Planning and Zoning Commission makes a recommendation after the public hearing, then the proposal will move forward to the next regularly scheduled City Council meeting.

The City Council shall hold a public hearing on the proposed rezoning and, at the close of the hearing shall, based upon the recommendations of the Development Officer and Planning and Zoning Commission:

Approve the rezoning by ordinance;

Approve the rezoning by ordinance with conditions or modifications (e.g., change the zoning on a designated portion of the property or change the zoning to another designation);

Deny the rezoning; or

Refer the proposed rezoning back to the Planning and Zoning Commission for further consideration.

All persons desiring to subdivide a tract of land within the jurisdiction of the UDC shall first prepare and submit to the Development Officer a preliminary plat together with supplementary material as specified hereinafter (See Development Guide). No final plat shall be approved until a preliminary plat is approved pursuant to this Section.

Two (2) full sized hard copies and one (1) electronic copy (in a format approved by the Development Officer) of the preliminary plat and supplementary materials shall be submitted to the Development Officer with the written subdivision plat application by the application deadlines as specified by the Development Officer. Development Officer may require additional copies as may be required for adequate review and processing of the preliminary plat.

Upon receipt of a preliminary plat application along with other required information and supplementary materials, the Development Officer shall perform a technical review of the plat to determine that the plat is administratively complete and provides all information required by this ordinance, or as may be required by the Development Officer.

The following data shall be shown on the preliminary plat. The content of the preliminary plat must also conform to the requirements of the Development Guide.

When a preliminary plat has been approved, the developer may thereafter file a final plat or final plats of sections of the subdivision upon which approval of the preliminary plat has been obtained. Upon the filing of a final plat or plats covering only a portion of such subdivision, the remainder of the preliminary plat shall be considered conditionally approved until such time that the final plat for the remaining area has been approved and filed; provided, however, that such conditional approval of the remainder of the preliminary plat shall be limited to a two-year period[.] However, the Planning and Zoning Commission may, at its discretion, extend such period of validity. When a preliminary plat has been approved and thereafter the developer fails to file a final plat of the subdivision or a section thereof within a period of two years, the approval of the preliminary plat shall be void. The Planning and Zoning Commission may, in its discretion, extend such period of validity.

The action of the Planning and Zoning Commission shall be noted in writing and attached to a copy of the preliminary plat. The report shall reference any conditions determined by the Commission action.

The final plat shall conform substantially to the preliminary plat as approved and, if desired by the developer, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations. (See Development Guide)

Two (2) full sized hard copies and one (1) electronic copy (in a format approved by the Development Officer) of the final plat and supplementary material shall be submitted to the Development Officer by the application deadlines as specified by the Development Officer. Development Officer may require additional copies as may be required for adequate review and processing of the final plat.

Upon receipt of a final plat application along with other required information and supplementary materials, the Development Officer shall perform a technical review of the plat to determine that the plat is administratively complete and provides all information required by this ordinance, or as may be required by the Development Officer.

The following data shall be shown on the final plat in addition to any items which were required to be shown on the preliminary plat. The content of the final plat must also conform to the requirements of the Development Guide:

A division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated;

A division of land for agricultural purposes, and where no building construction is involved, in parcels of five (5) acres or more, unless any such subdivision of five (5) acres or more includes the planning or development of a new street or access easement.

In accordance with the authority granted under Texas Local Government Code, Section 212.0065, the City Council has delegated approval authority to the Development Officer for the following which shall hereafter be collectively referred to as minor plat(s) for the purposes of this ordinance:

Any person wishing to revise a subdivision plat which has been previously filed for record must make application in accordance with the preliminary plat and final plat requirements of the UDC. The proposed replat shall meet all the requirements of the UDC.

In addition to compliance with the other requirements of this ordinance, a replat without vacation of the preceding plat (in accordance with TLCG, Section 212.014), must conform to the requirements of Texas Local Government Code, Section 212.015, if:

Upon receipt of an application, the Development Officer shall make notification of a public hearing as set forth in the UDC.

The Development Officer shall prepare a written report analyzing the development site plan and such report shall be given to the Planning and Zoning Commission and applicant in accordance with the UDC Submittal and Review Schedule.

No person, firm or corporation shall construct, erect, install, place, alter, repair or relocate any sign or billboard within the city limits of the City of Hondo, Texas without obtaining a sign permit from the Development Officer. Each application for a sign permit must be accompanied by an initial permit fee and a submission of drawings, descriptions and specifications as are reasonably determined by the Development Officer to be necessary for proper review of the application. Upon receipt of a completed application accompanied by the requisite fee, the Development Officer shall approve or deny said permit.

If the sign or property owner wishes to relocate an existing off-premise sign, a new application must be submitted along with the permit fee to the Development Officer for approval.

Any person, firm, or corporation proposing to install a sign along a roadway regulated by the Texas Department of Transportation (TxDOT) shall provide the Development Officer with a copy of written authorization or approval of such sign from the Texas Department of Transportation (TxDOT) at the time that an application is made to install the sign.

The following types of signs are exempt from the requirement to obtain a sign permit, provided the signs are not lighted, either internally or externally, and provided the signs comply with all other provisions of this Section and other applicable codes: Community pride signs, construction signs with an area of three (3) square feet or less, off-site event signs, on-site event signs with an area of three (3) square feet or less, flags, name plates, political signs, residential realty signs, commercial real estate and banners, single-family address signs, community services signs and hand-held signs.

The following actions are also exempt from the requirement of a sign permit: repainting or replacing letters or characters on an existing sign, provided that the area of the sign is not enlarged and that the height of the sign is not increased, and that the sign does not advertise or announce a new business; changing the copy on a bulletin board or changeable copy sign; and replacing the fabric or other material of an awning sign when no other change is made in the sign.

The Board of Adjustment shall have the power to authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the Board of Adjustment unless and until it is determined.

That the granting of the variance will not be contrary to the public interest; and

Any appeal or variance granted by Board of Adjustment shall not be valid if construction authorized is not begun within one hundred eighty (180) days.

Exercising of Powers: In exercising its powers, the Board may revise or reform wholly or partly, or may modify the order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.

Any person aggrieved by any decision of the Board of Adjustment, or any officer, department or other board or Commission of the City, may appeal the decision or action of the Board of Adjustments by filing a petition for same in a court of competent jurisdiction, setting forth that such decision is illegal in whole or in part, and specifying the grounds for the alleged illegality. Such petition shall be filed with the court within ten (10) days from the day the Board renders its decision, and not thereafter.

No application for a variance or appeal which has been denied shall be again filed earlier than one (1) year from the date of original denial unless other property in the immediate vicinity has, within the said one-year period, been changed or acted on by the Board of Adjustment or City Council so as to alter the facts and conditions on which the previous Board action was based. Notwithstanding the foregoing, an applicant for a variance who did not attend the hearing on his/her application, either in person or through a representative, and whose application was subsequently denied without further hearing being held may reapply within thirty (30) days upon a showing of good cause for the applicant’s failure to appear. Such change of circumstances shall permit the rehearing of an appeal by the Board of Adjustment prior to the expiration of the one-year period, but such conditions shall in no way have any force in law to compel the Board of Adjustment, after a hearing, to grant a subsequent appeal. Such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought.

Where the Planning and Zoning Commission finds that extraordinary hardship may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of nullifying the intent and purpose of the general community plan of these regulations.

In granting variances and modifications, the Planning and Zoning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.

Will help to implement the adopted Comprehensive Master Plan, or, if it addresses a topic that is not addressed or not fully developed in the Comprehensive Master Plan, the proposed amendment does not impair the implementation of the adopted Comprehensive Master Plan when compared to the existing UDC.

Is consistent with the stated purposes of this UDC.

Will maintain or advance the public health, safety, or general welfare.

Will help to mitigate adverse impacts of the use and development of land on the natural or built environment, including, but not limited to mobility, air quality, water quality, noise levels, stormwater management, wildlife protection, and vegetation; or will be neutral with respect to these issues.

Will advance the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.

The Development Officer shall review each proposed amendment in light of the approval criteria above, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Development Officer shall provide a report and recommendation to the Planning and Zoning Commission.

Upon receipt of the final report from the Planning and Zoning Commission, the City Council shall vote to approve, approve with amendments, or reject the proposed amendment based on the approval criteria above. The City Council also may refer the proposed amendment back to the Commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days (or shorter period if the application is being processed concurrently with a plat and the plat application is still pending at the time the amendment is postponed).

The amendment of the text of this UDC may transform a legally nonconforming situation into a conforming one. However, no petition for a text amendment shall be used to cure a violation of any part of this UDC.