The “common provisions” of this section (Sec. 12.100) apply to all procedures in this article unless otherwise expressly stated.

The following table summarizes the review and approval procedures of this article. In the event of conflict between this summary table and the detailed procedures contained elsewhere in this article, the detailed procedures govern.

The procedures of this section apply to all text amendments to the regulations of this Development Code.

An amendment to the text of this Development Code may be initiated by the City Council, the Planning Commission or the City Planner.

The City Planner must prepare a report and recommendation on the proposed Development Code text amendment. The report must be transmitted to the Planning Commission before their public hearing on the proposed amendment.

Notice of the City Council’s required public hearing on a Development Code text amendment must be published in the newspaper in accordance with §12.106.B. The notice must be published at least 16 days before the date of the public hearing.

The Planning Commission must hold a public hearing on the proposed text amendment. Following the close of the hearing, the Planning Commission must act by simple majority vote to recommend that the proposed text amendment be approved, approved with modifications, or denied and transmit its recommendations to the City Council.

1. 12.206.A
   Following receipt of the Planning Commission’s recommendation, the City Council must hold a public hearing on the proposed amendment. Following the close of their public hearing, the City Council must act to approve the proposed Development Code text amendment, approve the proposed text amendment with modifications or deny the proposed text amendment. The City Council may also remand the proposed text amendment back to the Planning Commission for further consideration.
2. 12.206.B
   Development code text amendments may be approved by a simple majority vote.

In lieu of separate hearings, the City Council and Planning Commission are authorized to conduct a single, joint public hearing to consider Development Code text amendments. In such cases, applicable notice requirements for Planning Commission and City Council public hearings must be met.

The procedures of this section apply to all amendments to the zoning district map.

Amendments to the zoning district map may be initiated only by the City Council, the Planning Commission, or the owner of the property that is the subject of the proposed zoning district map amendment or by the subject property owner’s authorized agent. 

Upon receipt of a complete zoning district map amendment application, the City Planner must prepare a report and recommendation on the proposed zoning district map amendment. The report must be transmitted to the Planning Commission before their public hearing on the proposed map amendment.

1. 12.304.A
   Planning Commission

   Notice of the Planning Commission’s required public hearing on a zoning district map amendment must be mailed to all affected property owners and posted, in accordance with § 12.106.A and § 12.106.C. Required notices must be mailed and posted at least 11 days before the Planning Commission public hearing.

Planned development (PD) districts are established through the approval of a zoning district map amendment in accordance with Sec. 12.300. The PD approval process also requires either a two-step or three-step plan approval procedure. The three-step plan approval process entails (1) approval of an initial generalized “concept plan,” (2) approval of a more detailed “development plan,” and (3) staff approval of PD site plans. At the property owner’s option, the PD plan approval process may be consolidated into two steps, involving (1) review and approval of a “development plan” that includes all of the information otherwise required in the concept plan and development plan and (2) staff review and approval of PD site plans. This section sets forth the required review and approval procedures for approval of planned developments.

The first step of the PD approval process is approval of the zoning district map amendment establishing the PD district. A PD concept plan must be processed concurrently with a PD map amendment unless the applicant elects instead to forgo the concept plan stage and process a development plan concurrently with the PD map amendment.

1. 12.402.A
   Authority to File

   PD concept plan (or development plan) applications may be filed only by the subject landowner or the subject landowner’s authorized agent.

2. 12.402.B
   Application Filing

   Complete applications for concept plan (or development plan) approval must be filed with the City Planner at the same time that the PD zoning district map amendment application is filed.

3. 12.402.C
   Review and Recommendation—City Planner

   Following receipt of a complete application for concept plan (or development plan) approval, the City Planner must prepare a report and recommendation that evaluates the proposed planned zoning district and concept plan (or development plan) in light of applicable PD district provisions of Article 2 and the criteria of §12.402.G. The report must be transmitted to the Planning Commission before their public hearing on the proposed PD map amendment and concept plan (or development plan).

4. 12.402.D
   Notice of Hearing

   Public hearing notice must be provided in accordance with the zoning district amendment notice procedures (see Sec. 12.304).

5. 12.402.E
   Hearing and Recommendation—Planning Commission

   The Planning Commission must hold a public hearing on the proposed PD map amendment and concept plan (or development plan). Following the close of the hearing, the Planning Commission must act by simple majority vote to recommend that the proposed map amendment and concept plan (or development plan) be approved, approved with modifications, or denied and transmit its recommendations to the City Council.

6. 12.402.F
   Hearing and Final Action—City Council

   1. 1.
      Following receipt of the Planning Commission’s recommendation, the City Council must hold a public hearing on the proposed PD map amendment and concept plan (or development plan). Following the close of their public hearing, the City Council must act to approve the proposed map amendment and concept plan (or development plan), approve the map amendment and concept plan (or development plan) with modifications or deny the proposed map amendment and concept plan (or development plan). The City Council may also remand the proposed map amendment and concept plan (or development plan) to the Planning Commission for further consideration.
   2. 2.
      PD district map amendments are subject to the protest provisions of Sec. 12.307.
7. 12.402.G
   Approval Criteria

   1. 1.
      In order to approve a PD concept plan and map amendment, the City Council must make all of the following determinations:

      1. a.
         The proposed PD district is at least 5 acres in area;
      2. b.
         The proposal is consistent with the Comprehensive Plan;
      3. c.
         Proposed uses and the development features are compatible with uses of nearby property and the existing and proposed character of the surrounding neighborhood;
      4. d.
         The concept plan (or development plan) complies with applicable PD district provisions of Article 2; and
      5. e.
         Appropriate terms and conditions have been imposed on the approval to protect the interests of the public and any residents of the planned development.
   2. 2.
      In order to approve a PD development plan and map amendment, the City Council must make all determinations required for concept plans (see §12.402.G) and PD development plans (See §12.403.I).
8. 12.402.H
   Adopting Ordinance

   1. 1.
      The ordinance establishing a PD district must incorporate the approved concept plan or development plan and include at least the following:

      1. a.
         A statement as to the purpose and intent of the district.
      2. b.
         The uses authorized for each tract or subarea in the district, by use category, the location of such uses, and the residential densities and/or nonresidential intensities associated with phases of the project, in conformance with the approved concept plan or development plan.
      3. c.
         The conditions applicable to development within the district, as established by the City Council.
   2. 2.
      The graphic depiction of features on the incorporated concept plan or development plan must be enforced as regulatory standards applicable within the approved PD district. Change or modification to such features requires processing of a PD district map amendment, including a revised concept plan or development plan.

1. 12.403.A
   Options

   1. 1.
      Substitution for Concept Plan

      The developer may submit a development plan in lieu of a concept plan in accordance with Sec. 12.402.

   2. 2.
      Following Approval of Concept Plan and PD District

      If a PD district is established based upon a concept plan, review and approval of a development in accordance with this subsection (12.403) is required before any PD site plans are approved and before any development or construction is allowed within the PD district.

2. 12.403.B
   Timing; Lapse of Approval

   If the landowner fails to file an application for development plan approval within 2 years of the date of the PD district amendment and concept plan approval, the plan approval will be deemed to have lapsed and no development plan may be accepted for processing. In the event of lapse of approval, the City Council may institute proceedings to determine whether the land should be classified in another zoning district. In such case, the Planning Commission must deliver its recommendation, with a copy to the owner of the affected land, to the City Council, who must conduct a public hearing on the matter and determine what action is to be taken with respect to the PD district and whether to revoke or reinstate the developer's authorization to submit a development plan.

3. 12.403.C
   Authority to File

   PD development plan applications may be filed only by the subject landowner or the subject landowner’s authorized agent.

4. 12.403.D
   Application Filing

   Complete applications for development plan approval must be filed with the City Planner.

5. 12.403.E
   Review and Recommendation—City Planner

   Following receipt of a complete application for development plan approval, the City Planner must prepare a report and recommendation that evaluates the PD development plan in light of the approved concept plan and the approval criteria of §12.403.I. The report must be transmitted to the Planning Commission before their public hearing on the proposed PD development plan.

6. 12.403.F
   Notice of Hearing

   1. 1.
      Planning Commission

      Notice of the Planning Commission’s required public hearing on a PD development plan must be mailed and posted, in accordance with § 12.106.A and §12.106.C. Required notices must be mailed and posted at least 11 days before the Planning Commission public hearing.

   2. 2.
      City Council

      Notice of the City Council’s required public hearing on a PD development plan must be published in accordance with §12.106.B. The notice must be published at least 16 days before the City Council public hearing.

7. 12.403.G
   Hearing and Recommendation—Planning Commission

   The Planning Commission must hold a public hearing on the proposed PD development plan. Following the close of the hearing, the Planning Commission must act by simple majority vote to recommend that the proposed development plan be approved, approved with conditions, or denied and transmit its recommendations to the City Council.

8. 12.403.H
   Hearing and Final Action—City Council

   1. 1.
      Following receipt of the Planning Commission’s recommendation, the City Council must hold a public hearing on the proposed PD development plan. Following the close of their public hearing, the City Council must act to approve the proposed development plan, approve the development plan with conditions or deny the development plan. The City Council may also remand the development plan to the Planning Commission for further consideration.
   2. 2.
      PD zoning development plans are subject to the protest provisions of Sec. 12.307.
9. 12.403.I
   Approval Criteria

   In order to approve a PD development plan, the City Council must make all of the following determinations:

   1. 1.
      The development plan generally is consistent with the approved concept plan and the standards and conditions set forth in the PD district adopting ordinance;
   2. 2.
      The plan provides for a compatible arrangement of buildings and land uses within the project;
   3. 3.
      The general plan for traffic circulation and pedestrians provides for adequate and safe circulation inside and external to the development, consistent with the adopted thoroughfare plan;
   4. 4.
      The general plan for accommodation of floodwaters and drainage is adequate;
   5. 5.
      The plan does not adversely affect adjoining neighborhoods or properties outside the plan, taking into consideration proposed buffers;
   6. 6.
      The amenities proposed in the development plan application, if any, are sufficient to justify increased densities or intensities on the site; and
   7. 7.
      The sequence of development and timing of the phases are consistent with the overall phasing of capital facilities intended to serve the site and with the City's overall growth.
10. 12.403.J
    Approving Ordinance

    The ordinance approving the development plan, whether approved as part of the PD map amendment or after the PD map amendment and concept is approved, must include at a minimum the following information. The development plan must be incorporated as an exhibit to the ordinance:

    1. 1.
       A table of the specific land uses permitted in the area subject to the development plan, together with a description of the tracts or subareas to which such uses are restricted;
    2. 2.
       The residential densities and nonresidential intensities of each permitted land use;
    3. 3.
       A table showing the dimensions of each permitted land use, including the following information:

       1. a.
          Minimum lot area;
       2. b.
          Minimum lot width and depth;
       3. c.
          Minimum front, side, and rear yard areas;
       4. d.
          Maximum height of buildings;
       5. e.
          Minimum parking standards for each multi-unit residential and nonresidential land use;
    4. 4.
       A description of the elements of the general circulation plan to serve the development;
    5. 5.
       Provisions governing amenities, if any, to serve the area subject to the development plan; and
    6. 6.
       Such additional conditions as are applicable to development within the area subject to the development plan, as established by the City Council.

Approval of PD site plans for development on individual building lots, parcels or tracts within the project is the final step of the PD approval process. Such reviews are intended to help ensure that all construction and development are consistent with the approved development plan and standards for the PD district.

1. 12.404.A
   Timing; Lapse of Approval

   A PD site plan must be submitted for approval within 2 years of the date that the development plan was approved. If a PD site plan is not submitted within such period, the development plan approval will be deemed to have lapsed and no PD site plan may be accepted for processing. In the event of lapse of approval, the City Council may institute proceedings to determine whether the development plan for the property should be modified or the property subject to the development plan should be reclassified in another zoning district, and whether to revoke or reinstate the developer's authorization to submit a site plan.

2. 12.404.B
   Review and Action by City Planner

   1. 1.
      The City Planner is authorized to review and take action on PD site plans. The City Planner must approve a PD site plan if it complies with the approved development plan, all conditions of development plan approval and all of the following criteria:

      1. a.
         The plan complies with the approved development plan;
      2. b.
         The plan complies with all standards and conditions set forth in the ordinance approving the development plan;
      3. c.
         Unless modified by the ordinance approving the development plan, the plan complies with the following additional standards generally applicable to development within the City, as set forth in this Development Code:

         1. (1)
            Performance standards; and
         2. (2)
            Setback, landscaping and off-street parking and loading standards;
      4. d.
         The plan provides for appropriate ingress and egress points for access, parking and loading, including existing and proposed ingress/egress/access easements, queuing and internal circulation;
      5. e.
         The plan provides for fire safety and adequate measures for fire control and dealing with fire or explosive hazard; and
      6. f.
         The plan provides for adequate utilities, roads, drainage, and other infrastructure, as required by the City's Development Codes.
   2. 2.
      The City Planner may establish conditions and require modifications to ensure that the PD site plan is consistent with the approved development plan and the approval criteria in this section.
   3. 3.
      If the City Planner disapproves a PD site plan or imposes conditions, the applicant may appeal the decision to the City Council by filing a written request with the City Planner within 10 days of the decision.
3. 12.404.C
   Effect of Approval

   Approval of PD site plans must occur before a building permit may be issued for the subject property.

4. 12.404.D
   Lapse of Approval

   1. 1.
      An approved PD site plan will lapse and have no further effect 24 months after it is approved, unless:

      1. a.
         A building permit has been issued (if required); or
      2. b.
         A certificate of occupancy has been issued.
5. 12.404.E
   The Planning Commission is authorized to extend the expiration period for good cause on up to 2 separate occasions, by up to one year each. Requests for extensions must be submitted to the City Planner and forwarded to the Planning Commission for a final decision.
6. 12.404.F
   A conditional use also lapses upon revocation of a building permit or a certificate of occupancy, for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the approved PD site plan.

If the City Council finds that conditions imposed on development of the planned development project have not been timely fulfilled, or for any other reasons related to reasonable exercise of the powers conferred by Texas Local Government Code Chapter 211, that the zoning district classification of the PD district should be reexamined, the City Council may initiate review of the PD district in order to determine whether the authorized uses, standards and conditions applicable to development within the district should be changed for part or all of the undeveloped land within the district. If the City Council makes such determination, it must refer the matter to the Planning Commission for its recommendation and thereafter take appropriate action to modify the uses, standards or conditions applicable to development within the district in accordance with procedures applicable to zoning district amendments.

The Historic Preservation (HPO) Overlay district map amendment procedures of this section govern the establishment, amendment or repeal of any HP Overlay district (see Sec. 3.400).

HP Overlay map amendments may be initiated by the City Council, Historic Preservation Commission or the owner of the real property that is the subject of the proposed map amendment or by the subject property owner’s authorized agent. Any request initiated by the City Council or Historic Preservation Commission is subject to the approval of the property owner before its consideration.

At a minimum, the zoning district map amendment procedures of Sec. 12.300 apply and must be followed for all HP Overlay map amendments, including all requirements for public notice and hearings and the rights of property owners to protest the amendment.

1. 12.504.A
   After notification of all owners of property within the proposed HP Overlay, the Historic Preservation Commission must hold a public hearing to consider the map amendment.
2. 12.504.B
   At the Historic Preservation Commission’s public hearing, property owners, interested parties and technical experts must be given an opportunity to present testimony or documentary evidence that will become part of the record regarding the historic, architectural or cultural importance of the proposed historic landmark or district to be included within the HP Overlay.
3. 12.504.C
   Following the close of the public hearing, the Historic Preservation Commission must act by simple majority vote to recommend that the proposed overlay district map amendment be approved, approved with modifications, or denied and transmit its recommendations to the Planning Commission. The report and recommendation must include specific findings regarding the proposed map amendment’s consistency with the HP Overlay criteria of Sec. 12.506. The report must include a map showing the boundaries of the proposed HP Overlay boundaries.

1. 12.505.A
   Following review and recommendation by the Historic Preservation Commission, the proposed HP Overlay amendment must be forwarded to the Planning Commission for review and recommendation, and then, following review and recommendation by the Planning Commission, the matter must be forwarded to the City Council for final decision.
2. 12.505.B
   The Planning Commission must make its recommendation to the City Council within 45 days of the date that the Planning Commission’s hearing is closed.
3. 12.505.C
   The City Council must conduct its hearing within 45 days of receipt of the Planning Commission recommendation.
4. 12.505.D
   Upon designation of an HP Overlay, the designated boundaries must be recorded in the official public records of real property of Walker County, the tax records of the City of Huntsville and the Walker County Appraisal District as well as the official zoning district map of the City of Huntsville.

1. 12.506.A
   An individual (landmark) property may be designated as an HP Overlay if it substantially complies with 2 or more of the following:

   1. 1.
      Possesses significance in history, architecture, archeology, or culture;
   2. 2.
      Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history;
   3. 3.
      Is associated with events that have made a significant impact in the past;
   4. 4.
      Represents the work of a master designer, builder, or craftsman;
   5. 5.
      Embodies the distinctive characteristics of a type, period, or method of construction; or
   6. 6.
      Represents an established and familiar visual feature of the City.
2. 12.506.B
   Multiple properties may be designated as an HP Overlay district area if the area substantially complies with both of the following:

   1. 1.
      Contains properties and an environmental setting which meet 2 or more of the criteria for designation of an individual landmark property (see §12.506.A); and
   2. 2.
      Constitutes a distinct section of the City.
3. 12.506.C
   Properties that are listed as a Recorded Texas Historic Landmark (RTHL), State Archeological Landmark (SAL) or listed on the National Register of Historic Places (NR) may be considered for HP Overlay designation as recognized local historic landmarks.

1. 12.601.A
   Within any HP Overlay district, a Certificate of Appropriateness must be obtained in accordance with this section before performing any construction, reconstruction, alteration, restoration, rehabilitation, or relocation of any historic landmark or any property within a historic district. A Certificate of Appropriateness is also required before making any material change in light fixtures, signs, fences, steps, or other exterior elements that are visible from a public right-of-way and that affect the appearance and cohesiveness of any historic landmark or any property within a historic district.
2. 12.601.B
   A Certificate of Appropriateness must be obtained in accordance with the procedures of this section before demolishing any building or structure within an HP Overlay.
3. 12.601.C
   Certificates of Appropriateness are not required for ordinary maintenance and repair of any exterior architectural feature that does not involve a change in design, material, or outward appearance. In-kind replacement or repair is included in this definition of ordinary maintenance.
4. 12.601.D
   No building or demolition permits may be issued for properties within an HP Overlay until a Certificate of Appropriateness is obtained. The Certificate of Appropriateness required by this section is in addition to and not in lieu of any other building or demolition permit that may be required by any other ordinance of the City of Huntsville.

Applications for Certificates of Appropriateness may be filed only by the subject property owner or by the subject property owner’s authorized agent.

Complete applications must be filed with the Historic Preservation Officer in a form established by the City. The application must include at least the following information:

1. 12.603.A
   Name, address, telephone number of applicant;
2. 12.603.B
   Name, address, and telephone number of the property owner;
3. 12.603.C
   A detailed description of the proposed work;
4. 12.603.D
   Location and photographs of the property and adjacent properties;
5. 12.603.E
   Elevation drawings of the proposed changes, if available;
6. 12.603.F
   Samples of materials to be used;
7. 12.603.G
   If the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination (if any), and a plan showing the sign’s location on the property; and
8. 12.603.H
   Any other information that the Historic Preservation Commission deems necessary in order to visualize the proposed work.

1. 12.604.A
   The Historic Preservation Commission must review the application at a regularly scheduled meeting within 60 days of the date that a complete application is received, at which time an opportunity must be provided for the applicant to be heard. The Historic Preservation Commission must approve, deny, or approve with modifications the application within 45 days after the review meeting. If the Historic Preservation Commission does not act within 90 days of the receipt of a complete application, a permit may be granted.
2. 12.604.B
   All decisions of the Historic Preservation Commission must be in writing and must state its findings pertaining to the approval, denial, or modification of the application. A copy must be sent to the applicant. Additional copies must be filed as part of the City of Huntsville’s records on that property and dispersed to appropriate departments.
3. 12.604.C
   An applicant for a Certificate of Appropriateness dissatisfied with the action of the Historic Preservation Commission relating to the issuance or denial of a Certificate of Appropriateness has the right to appeal to the City Council within 30 days after receipt of notification of such action. The City Council must hold a public hearing and make its decision on the matter within 45 days of receiving the appeal notice.

In considering an application for a Certificate of Appropriateness, the Historic Preservation Commission must be guided by any adopted design guidelines, and where applicable, by the Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings. Any adopted design guidelines and Secretary of the Interior’s standards must be made available to the property owners of historic landmarks or property located within historic districts. The following items, as appropriate, must be considered in the application for a Certificate of Appropriateness:

1. 12.605.A
   Every reasonable effort must be made to adapt the property in a manner that requires minimal alteration of the building, structure, object, or site and its environment.
2. 12.605.B
   The distinguishing original qualities or character of a building, structure, object, or site and its environment may not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. 12.605.C
   All buildings, structures, objects, and sites must be recognized as products of their own time. Alterations that have no historical basis and that seek to create an earlier appearance are discouraged.
4. 12.605.D
   Changes that may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance must be recognized and respected.
5. 12.605.E
   Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, object, or site must be kept where possible.
6. 12.605.F
   Deteriorated architectural features must be repaired rather than replaced wherever possible. In the event replacement is necessary, the new material must reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features must be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
7. 12.605.G
   The surface cleaning of structures must be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials may not be undertaken.
8. 12.605.H
   Every reasonable effort must be made to protect and preserve archeological resources affected by, or adjacent to, any project.
9. 12.605.I
   Contemporary design for alterations and additions to existing properties are not discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.
10. 12.605.J
    Whenever possible, new additions or alterations to buildings, structures, objects, or sites must be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object or site would be unimpaired.

1. 12.606.A
   After receiving written notification from the Historic Preservation Commission of the denial of a Certificate of Appropriateness, an applicant may commence the hardship process of this subsection. No building permit or demolition permit may be issued unless the Historic Preservation Commission makes a finding that an economic hardship exists.
2. 12.606.B
   When a claim of economic hardship is made due to the effect of the historic preservation requirements of this Development Code, the applicant or property owner must prove that:

   1. 1.
      The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
   2. 2.
      The property cannot be adapted for any other use, whether by the current owner or by a purchaser, that would result in a reasonable return; and
   3. 3.
      Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
3. 12.606.C
   The applicant must consult in good faith with the Historic Preservation Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the Historic Preservation Commission.
4. 12.606.D
   The Historic Preservation Commission must hold a public hearing on the application within 60 days of the date that a complete application is received by the Historic Preservation Commission. Following the hearing, the Historic Preservation Commission has 30 days in which to prepare a written decision on the application. If the Historic Preservation Commission does not act within 90 days of the receipt of the application, a permit may be granted.
5. 12.606.E
   All decisions of the Historic Preservation Commission must be in writing and must state its reasons for granting or denying the hardship application. A copy must be sent to the applicant and filed with the Historic Preservation Officer for public inspection.
6. 12.606.F
   An applicant for economic hardship relief who is dissatisfied with the action of the Historic Preservation Commission relating to the issuance or denial of a Certificate of Appropriateness, has the right to appeal to the City Council within 30 days after receipt of notification of such action. The City Council must hold a public hearing and makes its decision on the matter within 45 days of receiving the appeal notice.

The subdivision review and approval procedures of this section are intended to help:

1. 12.701.A
   Facilitate the creation of accurate and permanent public records of the separate interests created and conveyed by the subdivision of land, thereby helping to protect private property rights; and
2. 12.701.B
   Ensure that proposed lots are capable of being built upon in accordance with applicable City regulations.

Except as otherwise expressly exempted, subdivisions of property within the City limits or the City’s extraterritorial jurisdiction are required to be approved in accordance with state law and the applicable plat approval procedures of this article before any of the following occurs:

1. 12.702.A
   The division of land (for any purpose) into 2 or more parcels, to lay out a subdivision of the tract, including an addition to the City, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on to or adjacent to the streets, alleys, squares, parks or other parts;
2. 12.702.B
   Development on a parcel not previously legally subdivided;
3. 12.702.C
   Resubdivision of land that has previously been platted; or
4. 12.702.D
   Amendment of any approved plat.

All of the following are expressly exempt from the subdivision plat approval procedures of this section (Sec. 12.700):

1. 12.703.A
   A division of land into parcels greater than 5 acres in area when each parcel has street access and no public improvements are dedicated;
2. 12.703.B
   Division of property that results from a governmental entity's land acquisition for public facilities such as street right-of-way;
3. 12.703.C
   Any lot or lots forming a part of a subdivision created and recorded before July 26, 1983 or before the date on which the City’s subdivision regulations applied to the property through extension of the City’s extraterritorial jurisdiction;
4. 12.703.D
   A division of land performed by a political subdivision of the state, as defined in Chapter 245 of the Texas Local Government Code. Entities who choose to plat voluntarily must comply with all of the applicable requirements;
5. 12.703.E
   A division of land created by order of a court with competent jurisdiction;
6. 12.703.F
   Leases that do not involve the actual division of land, such as:

   1. 1.
      Agricultural leases, fishing leases, grazing leases, and hunting leases;
   2. 2.
      Leases that pertain to existing identified commercial or residential units; and
   3. 3.
      Sign leases;
7. 12.703.G
   Easements that do not involve the division of land;
8. 12.703.H
   The laying out of cemetery plots in a cemetery or addition to a cemetery if no public street is constructed or dedicated.

1. 12.704.A
   Upon receipt of a complete application, and in compliance with Section 212.0115 of the Texas Local Government Code, the City Planner is authorized to make the following determinations:

   1. 1.
      Whether a plat is required for the subject tract; and
   2. 2.
      If a plat is required, whether it has been prepared and whether it has been reviewed and approved.
2. 12.704.B
   The City Planner may require additional information and documents be provided by the applicant in order to make the requested determination.
3. 12.704.C
   If the City Planner determines that a plat is not required, the City Planner must issue to the requesting party a written certification of that determination. If it is determined that a plat is required and that the plat has been prepared and has been reviewed and approved, the City Planner must issue to the requesting party a written certification of that determination.
4. 12.704.D
   The City Planner must make the determination of applicability within 20 days of the date of receipt of a complete application and must issue the certificate, if applicable, no later than 10 days after the date the determination is made.
5. 12.704.E
   The decision of the City Planner is appealable to the Planning Commission.

Except as otherwise expressly stated in this section (Sec. 12.700), the subdivision plat approval process requires preliminary plan approval and final plat approval. Prior to the submission of a preliminary plan application required by this Development Code, applicants are encouraged to schedule and attend an optional preapplication meeting (see Sec. 12.103).

1. 12.706.A
   Applicability

   The City Planner is authorized to approve the following in accordance with the minor plat approval procedures of this section:

   1. 1.
      Amending plats, as described in Section 212.016 of the Texas Local Government Code;
   2. 2.
      Plats or replats involving 4 or fewer lots fronting on an existing street and not requiring the creation of any new street or extension of municipal facilities, as described in Section 212.0065 of the Texas Local Government Code; and
   3. 3.
      A replat, as described in Section 212.0145 of the Texas Local Government Code, that does not require the creation of any new street or the extension of municipal facilities.
2. 12.706.B
   Procedure

   1. 1.
      Minor plat approval requires submission of a final plat, as described in Sec 12.708. No preliminary plan is required. The minor (final) plat must be reviewed by the City Planner for compliance with all applicable requirements of this Development Code.
   2. 2.
      Within 30 days of receipt of a complete minor plat application and final plat, the City Planner must approve the plat, approve the plat with conditions or recommend denial of the plat. If the plat is recommended for denial, it must be forwarded to the Planning Commission for final action at their next available meeting. The City Planner may also elect, for any reason, to forward a proposed minor plat to the Planning Commission for final action.

The conditional use approval procedure of this section is intended to provide a transparent, public review process for land uses that, because of their widely varying design and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns.

All uses listed as conditional uses in Sec. 4.100 require review and approval in accordance with the procedures of this section.

Conditional use applications may be initiated only by the owner of the subject property or by the subject property owner’s authorized agent.

Upon receipt of a complete conditional use application, the City Planner must prepare a report and recommendation on the proposed conditional use. The report must be transmitted to the Planning Commission before their public hearing on the conditional use matter.

1. 12.805.A
   Planning Commission

   Notice of the Planning Commission’s required public hearing on a conditional use application must be mailed and posted, in accordance with §12.106.A and §12.106.C. Required notices must be mailed and posted at least 11 days before the Planning Commission public hearing.

2. 12.805.B
   City Council

   Notice of the City Council’s required public hearing on a conditional use application must be published in accordance with §12.106.B. The notice must be published at least 16 days before the City Council public hearing.

The Planning Commission must hold a public hearing on the proposed conditional use. Following the close of the hearing, the Planning Commission must act by simple majority vote to recommend that the proposed conditional use be approved, approved with conditions, or denied and transmit its recommendations to the City Council.

1. 12.807.A
   Following receipt of the Planning Commission’s recommendation, the City Council must hold a public hearing on the proposed conditional use. Following the close of their public hearing, the City Council must act to approve the proposed conditional use, approve the proposed amendment with conditions or deny the proposed conditional use. The City Council may also remand the proposed conditional use application to the Planning Commission for further consideration.
2. 12.807.B
   Conditional use applications may be approved by a simple majority vote.

No conditional use may be recommended for approval or approved unless the respective review or decision-making body determines that evidence has been submitted to support each of the following conclusions:

1. 12.808.A
   That the proposed use is consistent with the Comprehensive Plan;
2. 12.808.B
   That adequate utilities, roads, drainage and other necessary infrastructure facilities and public services are or will be available to serve proposed use; and
3. 12.808.C
   That the proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or be injurious to property values or improvements in the vicinity.
4. 12.808.D
   The proposed use meets all supplemental regulations for the subject use.

1. 12.809.A
   An approved conditional use application will lapse and have no further effect 18 months after it is approved by the City Council, unless:

   1. 1.
      A building permit has been issued (if required);
   2. 2.
      A certificate of occupancy has been issued; or
   3. 3.
      The conditional use has been lawfully established.
2. 12.809.B
   The City Council is authorized to extend the expiration period for good cause on up to 2 separate occasions, by up to one year each. Requests for extensions must be submitted to the City Planner and forwarded to the City Council for a final decision.
3. 12.809.C
   A conditional use also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the conditional use approval.

Conditional use approval runs with the land and is not affected by changes of tenancy, ownership, or management.

Amendments to approved conditional uses may be approved in accordance with the following requirements. The conditional use amendment procedures may not be used to vary or modify Development Code requirements.

1. 12.811.A
   Minor Amendments

   1. 1.
      The City Planner is authorized to approve the following minor amendments to approved conditional uses:

      1. a.
         Any amendments expressly authorized as minor amendments at the time of conditional use approval;
      2. b.
         The addition of customary accessory uses and structures; and
      3. c.
         Changes to the development site or to structures necessitated by engineering, architectural or physical limitations of the site that could not have been foreseen at the time the conditional use was approved and that are not otherwise classified as major amendments pursuant to §12.811.B.
   2. 2.
      Applications for minor amendments to approved conditional uses must be filed in a form established by the City Planner. If no action is taken on the minor amendment application within 15 days of filing of a complete application, the minor amendment is deemed denied.
2. 12.811.B
   Major Amendments

   1. 1.
      All of the following constitute major amendments to approved conditional uses:

      1. a.
         An increase in overall building coverage by more than 5%;
      2. b.
         An increase in building height by more than 10% or 5 feet, whichever is less;
      3. c.
         An overall reduction in the amount of usable open space, common open space or landscaping;
      4. d.
         A reduction in off-street parking by more than 10% or one space, whichever results in a greater reduction;
      5. e.
         A change in the vehicle circulation pattern that would increase points of access, change access to another street or increase projected traffic volumes; and
      6. f.
         Any combination of 3 or more minor changes that were not expressly authorized by the approved conditional use permit.
   2. 2.
      Major amendments to an approved conditional use must be processed as a new conditional use application, including all requirements for fees, notices and public hearings.

A variance is a grant of relief to a property owner from strict compliance with the regulations of this Development Code. The intent of a variance is not to simply remove an inconvenience or financial burden that may result from compliance with applicable Development Code requirements. Variances are intended to help alleviate an undue hardship that would be caused by the literal enforcement of the subject ordinance requirements. They are intended to provide relief when the requirements of this Development Code render construction or placement of improvements impractical or impossible because of some unique or special characteristic of the subject property itself.

The Board of Adjustment is authorized to grant a variance to any regulation in this Development Code in accordance with the variance procedures of this section, except that the variance procedures may not be used to do any of the following:

1. 12.902.A
   Allow a principal use in a zoning district that is not otherwise allowed in that zoning district (i.e., “use variances” are prohibited);
2. 12.902.B
   Waive, modify or amend any definition or use classification;
3. 12.902.C
   Waive, modify or otherwise vary any of the review and approval procedures of this article;
4. 12.902.D
   Waive, vary, modify or otherwise override a condition of approval or requirement imposed by an authorized decision-making body or the state or federal government; or
5. 12.902.E
   Waive, vary or modify subdivision-related standards (i.e., those administered and enforced as part of the subdivision review procedures, including, for example, the infrastructure and public improvement standards of Article 10.) Note: waivers and modifications of subdivision-related requirements may be considered concurrently with review of a major subdivision (See Sec. 12.705).

Variance applications may be filed by the subject property owner or by the property owner’s authorized agent.

12.904.A     A Pre-Application Meeting is required before an application may be filed.

12.904.B     Complete applications for variances must be filed with the City Planner.

Notice of the Board of Adjustment’s required public hearing on a variance request must be mailed and posted, in accordance with §12.106.A and §12.106.C. Notice must also be mailed to any individuals who have, in writing, requested such notification. Required notices must be mailed and posted at least 11 days before the public hearing.

1. 12.906.A
   Following receipt of a complete application, the Board of Adjustment must hold a public hearing within 60 days to consider the requested variance.
2. 12.906.B
   Following the close of the public hearing, the Board of Adjustment must make its findings of fact and act to approve the requested variance, approve the variance with modifications and/or conditions, or deny the variance request based on the standards and review criteria of Sec. 12.907.
3. 12.906.C
   Approval of a variance requires an affirmative vote of at least 4 members of the Board of Adjustment.

1. 12.907.A
   No variance may be approved unless the Board of Adjustment finds that the variance to be approved is consistent with the spirit and intent of this Development Code and that strict compliance with the subject provisions would result in an unnecessary hardship for the subject property owner.
2. 12.907.B
   In its consideration of whether a variance request has met the standard of unnecessary hardship, the Board of Adjustment must make all of the following findings from the evidence presented:

   1. 1.
      The variance is necessary to overcome a condition of the property itself;
   2. 2.
      The condition necessitating the variance is unique to the subject property;
   3. 3.
      The condition necessitating the variance was not created by the subject property owner;
   4. 4.
      Literal enforcement of the subject regulation will deprive the property owner of any economically beneficial use of the subject property;
   5. 5.
      Approval of the variance will not be contrary to the public interest; and
   6. 6.
      Approval of the variance is in keeping with the overall sprit of this Development Code and furthers substantial justice.

Approved variances run with the land and are not affected by changes of tenancy, ownership, or management.

A request for changes in the specific nature of the approved variance or changes to any conditions attached to an approved variance must be processed as a new variance application, including all requirements for fees, notices and public hearings.

1. 12.910.A
   An approved variance will lapse and have no further effect one year after it is approved by the Board of Adjustment, unless:

   1. 1.
      A building permit has been issued (if required); or
   2. 2.
      The use or structure has been lawfully established.
2. 12.910.B
   The Board of Adjustment is authorized to extend the expiration period for good cause on up to 2 separate occasions, by up to 6 months each. Requests for extensions must be submitted to the City Planner before the variance expires. No hearings, notices or fees are required for extensions.
3. 12.910.C
   A variance also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the variance.

Any person aggrieved by a variance decision of the Board of Adjustment may appeal the decision to district court. Appeals must be filed with district court of Walker County within 10 days of the date that the Board of Adjustment’s decision is filed in the office of the City Planner.

The Board of Adjustment is authorized to hear and decide appeals where it is alleged there has been an error in any order, requirement, decision or determination made by the City Planner or any other administrative official in the administration, interpretation or enforcement of this Development Code.

Appeals of administrative decisions may be filed by any person aggrieved by the City Planner’s or other administrative official’s decision or action. The Board of Adjustment is authorized to make determinations about whether individuals filing appeals are “aggrieved” by the decision or action.

1. 12.1003.A
   Complete applications for appeals of administrative decisions must be filed with the City Planner.
2. 12.1003.B
   Appeals of administrative decisions must be filed within 30 days of the date of the decision being appealed.

The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the City Planner certifies to the Board of Adjustment, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property, in which case the proceedings will not be stayed unless by a restraining order, may be granted by the Board of Appeals or by a court of record based on due cause shown.

Upon receipt of a complete application of appeal, the City Planner or other administrative official whose decision is being appealed must transmit to the Board of Adjustment all papers constituting the record upon which the action appealed is taken.

Notice of the Board of Adjustment’s required public hearing on an appeal of an administrative opinion must be mailed to the applicant, any individuals who have, in writing, requested such notification and any other parties in interest. Required notices must be mailed at least 11 days before the public hearing.

1. 12.1007.A
   The Board of Adjustment must hold a public hearing on the appeal.
2. 12.1007.B
   Following the close of the public hearing, the Board of Adjustment must take action on the appeal. The board’s decision must be in writing and be supported by written findings of fact.
3. 12.1007.C
   In exercising the appeal power, the Board of Adjustment has all the powers of the administrative official from whom the appeal is taken. The Board of Adjustment may affirm or may, upon the concurring vote of at least 4 members, reverse, wholly or in part, or modify the decision being appealed.
4. 12.1007.D
   In acting on the appeal, the Board of Adjustment must grant to the official’s decision a presumption of correctness, placing the burden of persuasion of error on the appellant.

An appeal may be sustained only if the Board of Adjustment finds that the City Planner or other administrative official erred.

Any person aggrieved by the decision of the Board of Adjustment may appeal the decision to the District Court. Appeals must be filed with the District Court of Walker County within 10 days of the date that the Board of Adjustment’s decision is filed in the office of the City Planner.