Jonestown City Zoning Code
ARTICLE 7
GENERAL ADMINISTRATION
§ 7.1.1 General application procedures
A.
Generally. This Section establishes general application procedures and internal review procedures that shall apply to all applications for a permit or approval that are set out in this Development Code.
B.
Pre-application meeting.
1.
Generally. Prior to the submission of an application for permit or approval, a pre-application meeting may be required or recommended between a potential applicant and the Director, or a designated representative of either party, and any other pertinent representatives or staff. The pre-application meeting is intended for the City and potential applicant to exchange non-binding information to promote an efficient development review process. The Director shall determine and publish which application types require a pre-application meeting.
2.
Pre-application forms and materials. The Director may determine and publish forms or documents that include information requirements, materials checklist, contact information, and any other information necessary to sufficiently describe the potential application.
3.
Vesting rights. Neither a pre-application meeting, nor any forms, materials, and information submitted for a pre-application meeting, shall be considered a vesting instrument, nor shall it vest a permit, application, or any type of approval.
C.
Application forms.
1.
Generally. Every application for approval or permit required by these regulations shall be submitted on forms prepared by the Planning Director, along with supporting materials and application fee.
2.
Forms. In addition to the requirements outlined herein for each type of development application, the City is hereby authorized to prepare application forms to collect information and materials necessary to process each type of application.
a.
Application forms shall include specific information including, but not limited to, information requirements, checklists, architectural or engineering drawing sizes, language blocks for plats, applicant contact information, materials and any other information necessary to facilitate the review of the application for compliance with and administration of these regulations, as prepared by the Director.
b.
The forms and paperwork are available in paper or digital format at the City office where applications are submitted and/or reviewed.
c.
The Planning Director shall periodically review and may revise forms for each type of application from time to time.
d.
It is the applicant's responsibility to be familiar with, and to comply with, these policies and procedures.
D.
Fees.
1.
Generally. Every application shall be accompanied by the prescribed fees set forth in Appendix A, Master Fee Schedule, of the Code of Ordinances. The City shall not accept an application for review without the required application fee. The adopted fees may be revised from time to time by the City Council and shall not require amendment of these regulations.
2.
Payable. All required fees shall be made payable to "The City of Jonestown."
3.
Required for administrative completeness. All applications shall be accompanied by the prescribed fees to be considered administratively complete.
4.
Fee refunds.
a.
Withdrawn applications. Withdrawn applications that have not been determined to be administratively complete may be refunded 50 percent of the application fee.
b.
Administratively complete applications. Once an application has been determined to be administratively complete, the prescribed fees shall not be refundable, except when submitted in error.
E.
Determination of administrative completeness.
1.
Generally. An application shall not be considered as officially submitted, accepted for review, or filed until it has been determined by the Director to be administratively complete.
2.
Considerations for determination of administrative completeness. The Planning Director, or designee, shall review each submitted application to determine if the minimum items needed for proper review of such application are present. An application must be determined to be administratively complete in order to begin the review process.
a.
A submitted application shall not be determined to be administratively complete until, at a minimum, the following has been received by the City:
b.
A submitted application shall not be determined to be administratively complete until, at a minimum, the following has been completed by the applicant:
3.
Timeframe for administrative completeness review. No more than five (5) business days after the receipt of an application by the City, the Director shall review the application for administrative completeness. Failure by the Planning Director to make a determination of administrative completeness or to provide notice of administrative incompleteness, as set out in Subsection E.4, Administratively Incomplete Applications, below, within this time frame shall result in the application being deemed administratively complete on the sixth (6) business day following receipt.
4.
Administratively incomplete applications. Applications that do not include all required information and materials shall be considered administratively incomplete.
a.
The Planning Director shall notify the applicant in writing of the determination and shall provide a written explanation of missing or incomplete items that are necessary to complete the application.
b.
The Planning Director may elect to extend the time period of determination of administrative completeness for the applicant to submit the missing or incomplete items. The Planning Director shall provide, in writing, a specified timeframe to the applicant for the incomplete item(s) to be resubmitted. If the item(s) is not resubmitted within this time period, the application shall be deemed rejected and shall not be reviewed for technical completeness, shall not be considered filed, and shall be returned to the applicant.
c.
The applicant may request an additional meeting for explanation of the missing or incomplete items.
d.
After an application has been determined to be administratively incomplete and rejected, a new application and fee shall be required for any future submittals.
5.
Administratively complete applications. Administratively complete applications shall be processed according to the applicable development approval procedures of this Ordinance. The determination of an administratively complete application does not constitute a determination of technical completeness or compliance with applicable regulations nor imply that the application successfully meets any review criteria.
F.
Determination of technical completeness.
1.
Generally. Upon receipt of an administratively complete application, the City shall commence technical compliance review of the submitted application. This may include review by a development review committee, which may be designated by the City Administrator.
2.
Determination of technical completeness. An application shall not be deemed to be technically complete until staff has determined the application and any supporting documents meet all applicable requirements of these regulations and are in compliance with any other applicable City or State requirements.
3.
Technically incomplete applications. Applications that do not include all required information and materials shall be considered technically incomplete.
a.
The Director shall notify the applicant in writing of any revisions deemed necessary for the application to be determined to be technically complete. The applicant may request a meeting for explanation of the missing or incomplete items.
b.
The applicant shall submit any necessary corrections to the City no later than fourteen (14) calendar days prior to the public meeting at which it is scheduled to be considered, if applicable.
c.
An application presented to the Commission and/or City Council prior to determination of technical completeness may be subject to denial.
4.
Technically complete applications. Technically complete applications shall be processed according to the applicable development approval procedures of these regulations. The determination of a technically complete application by City staff does not constitute or imply an approval by the decision-making authority.
G.
Proof of land ownership.
1.
Generally. Except as provided by these regulations, any application for permit or approval shall be initiated only by the property owner or owner of an interest in the land. A property owner may authorize a representative to submit an application for permit or approval provided that the application includes a signed statement from the property owner authorizing the representative to file the application on the owner's behalf.
2.
Written verification required. Along with the application, the applicant shall provide written verification of land ownership of the subject land parcel or parcels, provided to the City at the time of submittal. The Director shall have the authority to determine what document(s) the City will require to prove ownership, such as one of the following:
H.
Payment of all indebtedness attributable to a specific property.
1.
Generally. No person who owes delinquent taxes, delinquent fees, delinquent paving assessments, or any other delinquent debts or obligations to the City of Jonestown, and which are directly attributable to a piece of property, shall be allowed to proceed forward to final permit or approval for said property until the taxes, assessments, debts or obligations directly attributable to said property have been first fully discharged by payment, or until an arrangement satisfactory to the City Administrator (or designee) has been made for the payment of such debts or obligations.
2.
Applicant's responsibility. It shall be the applicant's responsibility to provide evidence or proof that all taxes, assessments, debts or obligations have been paid at the time of submission for any application for approval under these regulations.
I.
Concurrent applications.
1.
Generally. An applicant may concurrently submit different applications related to the same development within each of the following application groups. Approval of all relevant applications within each group must be obtained prior to submission of an application in the subsequent group.
a.
Policy Applications;
b.
Annexation (Voluntary);
c.
Zoning Map Amendment (Rezoning);
d.
Conditional Use Permit;
e.
Variance;
f.
Special Exception;
g.
Preliminary Plat;
h.
Construction Plan;
i.
Development Plat Applications;
j.
Final Plat;
k.
Site Development Plan (including landscape, tree mitigation, fencing, walls, lighting plans and nonpoint-source, LCRA permits);
l.
Building Permit.
2.
Fees. The applicant is subject to the fees for each application.
3.
Consideration for concurrent applications. Consideration for each application shall remain in the appropriate sequence of development. Any application submitted concurrently is subject to the approval of all related applications. Denial or disapproval of any individual application from a group of concurrently submitted applications shall stop consideration of all subsequent applications, if such approval is necessary for the subsequent applications to proceed.
4.
Withdrawal of individual applications. An applicant may withdraw an individual application from a group of concurrently submitted applications. A withdrawal may stop consideration of subsequent applications if such application requires the approval of the withdrawn application.
J.
Application continuances.
1.
Generally. An applicant may request a continuance of the application in writing prior to a public meeting, or on the record during the meeting prior to when a recommendation or decision is made. The Planning Director may approve a continuance request if the request is made prior to the public posting of the public meeting or may choose to defer the decision of the continuance request to the administering body. A request for a continuance by an applicant after the public meeting has been posted or at the public meeting itself may be granted by the administering body upon a motion and decision of the body to table the agenda item and only so long as the continuance does not cause the application to be approved as a matter of law because such continuance would cause the application to exceed a deadline required by law or these regulations.
2.
Costs associated with continuance. If the continuance was requested by the applicant, the applicant shall pay all additional costs associated with rescheduling and/or for re-notice of the proceeding.
K.
Expired and stale applications.
1.
Generally. Applications that become stale as set out in this Article shall be deemed expired and become immediately null and void and the City will subsequently close the application file. An expired application will end all claims to vesting pertaining to the expired application.
2.
Stale applications. Applications for development approval must be diligently pursued by the applicant to remain active or otherwise face expiration for inactivity. An accepted application for which there has been no action taken by an applicant for a period of six months or more from the date of the last action shall be determined to be stale and processed as withdrawn by the applicant, causing the file to be closed. The Director shall notify the applicant in writing 30 days in advance of the pending closure and may allow the applicant additional time to act to continue pursuit of approval.
L.
Limit on reapplications.
1.
Generally. If any application for permit or approval is denied by the final deciding authority, a substantially identical application shall not be filed within six months from the date of the denial, except as provided herein.
2.
Allowed successive reapplications. The decision-making body that rendered the final decision to deny may allow a successive reapplication within the six-month timeframe if the applicant can demonstrate:
a.
There are substantial changes to the circumstances relevant to the issues or facts considered during review of the prior application, or new or additional information is available that was not available at the time of the review of the prior application, that might reasonably affect the decision-making body's review of the application;
b.
The new application is substantially different than the prior application and has corrected any defects or substantive issues or addresses concerns or issues that were significant to the decision to deny the prior application; or
c.
The final decision on the application was based on a material mistake of fact.
3.
Successive reapplication procedures. An allowed successive reapplication shall be considered a new application and is subject to the application procedures and fees for a new application. Successive reapplications shall establish grounds warranting reconsideration of the application, including demonstrating how the new, additional, or changed information affects review of the application.
(Ordinance 2025-O-650 adopted 1/9/2025)
§ 7.2.1 Public hearings
A.
Generally. This Section establishes general procedures for applications for permits or approvals that require a public hearing by the City Council or a City board or commission established in Section 11.1, [sic] Review and Decision-Making Authority. Procedures for each type of application requiring a public hearing are set out in the following sections of this Article.
B.
Public hearings.
1.
Required public hearings. Applications that require a public hearing in accordance with state law or these regulations are identified in Table 7.2.1.B, Required Public Hearings, below:
Table 7.2.1.B Required Public Hearings | |||
|---|---|---|---|
Application Procedure | Meeting Body | ||
City Council | Planning and Zoning Commission | Zoning Board of Adjustment | |
Annexation (Voluntary) | X | ||
Appeal | X | ||
Conditional Use Permit | X | X | |
Floodplain Development Variance | X | ||
Planned Urban District | X | X | |
Platting-subdivision or development plat | X1 | X1 | |
Text Amendment | X | X | |
Zoning Variance | X | ||
Zoning Map Amendment (Rezoning) | X | X | |
Table Notes: |
1If required by state law. |
(Ordinance 2025-O-650 adopted 1/9/2025)
§ 7.2.2 Public notice
A.
Generally. Public notice required by these regulations shall be provided pursuant to the requirements of this Section and applicable requirements of state law. The provisions herein are in addition to open meeting notice requirements established by state law and shall not exempt the City from meeting the notice requirements of all public meetings and hearings as required by Chapter 551, Open Meetings, of the Tex. Gov't Code.
B.
Required public notice. With regards to applications for permit or approval, notice of all public meetings and public hearings required by these regulations shall be provided as prescribed in Table 7.2.2.B, Required Public Notice, below:
Table 7.2.2.B Required Public Notice | ||
|---|---|---|
Application Procedure | Published Notice | Mailed Notice |
Annexation (Voluntary) | X | |
Appeal | X | |
Conditional Use Permit | X | X |
Floodplain Development Variance | X | |
Subdivision - Replat1 | X | X |
Special Exception | X | X |
Text Amendment (zoning procedural or subdivision) | X | X2 |
Variance | X | X |
Zoning Map or Ordinance Amendment (Rezoning) | X | X |
Table Notes: | |
1 | If public hearing required by state law. |
2 | If text amendment is substantive zoning related, personal notice required |
C.
Responsibility of required public notice. The Planning Director shall determine responsible parties for all published and mailed notices as required by these regulations.
D.
Timing of required public notice.
1.
Notice of a public meeting shall be posted in a place readily accessible to the general public at all times for at least 72 hours before the scheduled time of the meeting, except as provided by state law.
2.
Unless otherwise noted, public notices of a public hearing shall be published or mailed as required by these regulations at least 15 days in advance of the public hearing.
3.
If the notice requirement is not met in the required time frame, then the public hearing item shall be delayed until the notice requirement is met.
F.
Mailed notice.
1.
A written notice shall be sent to owners of record of real property within 200 feet of the boundary of the subject property.
2.
Measurements shall be taken from the boundary of the subject property or properties, inclusive of public streets.
3.
Such notice may be served by using the last known address as listed on the municipal tax roll and depositing the notice, postage paid, with the United States Postal Service (USPS).
4.
The notice shall contain information pursuant to Subsection G, Content of Published and Mailed Notices, below.
G.
Content of published and mailed notices. Published and mailed public notices shall include the following specific information:
1.
The general location of land that is the subject of the application;
2.
The legal description or street address;
3.
The type of application sought, including the specific nature or intent of the application;
4.
The time, date, and location of the public hearing;
5.
A phone number and email address to contact the City; and
6.
A statement that interested parties may appear at the public hearing.
(Ordinance 2025-O-650 adopted 1/9/2025)
§ 7.3.1 Purpose and intent
Purpose. This section establishes a process whereby an owner can request and demonstrate that the development of property is entitled to be reviewed and approved in accordance with regulations that pre-date the effective date of this UDC per Chapter 245 or Section 43.002 of the Texas Local Government Code. This section shall not apply to a claim of a right under any other federal or state statute.
A.
To the extent a project is entitled to vested rights or the right of continued use, as determined under this Section, it may be exempt from the requirements of current regulations of the City.
B.
The purpose of these requirements is to:
1.
Establish a clear and consistent process for evaluating vested rights claims;
2.
Ensure that vested rights determinations are based on accurate and complete information about the project; and
3.
Recognize legitimate claims of vested rights under state law, while ensuring that new development complies to the greatest extent possible with current regulations.
C.
This section is further intended to establish provisions related to time limits and the expiration of vested rights.
D.
A project is not eligible for vested rights if any of the following are found to be true:
(Ordinance 2025-O-650 adopted 1/9/2025)
§ 7.3.2 Chapter 245 determination
A.
Application for establishment of Chapter 245 rights. The provisions of this Section shall apply to any application for a permit or any other approval of a project for which an applicant desires to establish development rights under Chapter 245 of the Texas Local Government Code. There are two basic types of Chapter 245 determinations.
1.
The first type of Chapter 245 determination involves a demonstration by the applicant that a project is vested with Chapter 245 development rights because the original application for a permit gave the City Fair Notice of the project and of the nature of the permit being sought and neither a permit nor the project have expired.
2.
The second type of Chapter 245 determination involves a demonstration by the applicant that a project or permit is entitled to be reviewed in accordance with the regulations of the City in effect on the date that the original application for the first permit in the series of permits was filed because progress toward the completion of the project has been made by the applicant even though the permit and/or project time limits have expired.
3.
An applicant, in order to establish development rights for a particular project, may need to demonstrate both Fair Notice of the project and that progress toward completion of the project has been made.
B.
Expiration of existing permits. Any Site Development Plan (Site Plan) or Concept Plan or other land development approval that has an approval date that is prior to May 11, 2000 and that does not have an expiration date, and for which no progress has been made toward completion of the project as of May 11, 2000, is hereby deemed to have expired as of May 11, 2004 and shall no longer be considered as a valid project. Any Concept Plan that has an approval date that is after May 11, 2000 and before December 18, 2012 and that does not have an expiration date, and where no progress towards completion of the project has occurred shall have expired on December 18, 2017 and shall no longer be considered valid. Any Site Development Plan (Site Plan) or other land use approval that has an approval date after May 11, 2000 and before December 18, 2012 shall have expired on December 18, 2014 and shall no longer be considered valid. Any Concept Plan with an approval date after December 18, 2012 and that does not have an expiration date shall expire five years after the approval date where no progress towards completion of the project has occurred. Any Site Development Plan (Site Plan) or other land use approval with an approval date after December 18, 2012 shall expire two years from the date of the approval unless extended prior to the expiration date.
C.
Applications for Chapter 245 determination.
1.
An application related to a demonstration that the City has Fair Notice of the project shall be submitted in a form prescribed by the City and shall be initially reviewed for completeness to ensure that all required items are available for technical review purposes. The application shall state the proposed date of applicable rules for the first permit in the series of permits, and the applicant shall supply documentation in support of the request. The burden of proof is on the applicant to provide sufficient written information to substantiate a claim under this Section. One or all of the following items may be considered as part of the Fair Notice Documentation:
a.
Any of the documentation described in Subsection C.3 below.
b.
Documentation that clearly shows specific land uses, densities and intensities.
c.
Documentation that shows the layout of streets, public easements, parking areas and building footprints.
d.
Any other documentation that the applicant believes provides evidence of Fair Notice.
2.
Chapter 245 development rights shall only apply to the specified land uses, densities and intensities set forth in the Fair Notice Documentation provided by the applicant. Any modification of the land uses, densities or intensities from those set out in the Fair Notice Documentation shall be considered a new project subject to current City ordinances.
3.
An application related to a demonstration that a permit or project has not expired because progress has been made toward completion of the project shall be submitted in a form prescribed by the City and shall be initially reviewed for completeness to ensure that all required items are available for technical review purposes. The application shall state the proposed date of applicable rules for the first permit in the series of permits and shall clearly describe each permit that has been issued and the date of approval for each subsequent permit. The applicant shall provide a statement in narrative form that describes the efforts that have been undertaken toward completion of the project and shall supply documentation in support of the request. The burden of proof is on the applicant to provide sufficient written information to substantiate a claim under this Section. One or all of the following items may be considered:
a.
Copy of an application for a Final Plat or plan that was previously submitted to a regulatory agency;
b.
Proof that a good-faith attempt was previously made to file with a regulatory agency an application for a permit necessary to begin or continue towards completion of the project;
c.
Documentation of costs that 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;
d.
Documentation of fiscal security posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or
e.
Documentation of utility connection fees or impact fees for the project paid to a regulatory agency.
4.
The provisions of Subsection C.3 above shall only apply to the project and specified land uses, densities and intensities set forth in the permits that have been previously approved by the City. Any modification of the land uses, densities or intensities shall be considered a new project and subject to current City regulations.
5.
Any application for a Chapter 245 determination that is not deemed complete by the City shall be rejected, and the applicant shall be notified in writing of the missing or incomplete items within 10 working days of the submission of the application. An incomplete application shall expire if the missing or incomplete items are not provided by the applicant within 45 days of the date of initial submission of the application.
6.
Each application shall be reviewed by the City Manager, in consultation with the City Attorney. The application may be denied in whole, granted in whole or denied in part and granted in part. Where the documentation submitted by the applicant is adequate to confirm a determination that rights exist under Chapter 245, then the regulations in place at the time such rights vested shall be applied in the further review and processing of permits for the project as applicable to the portion of the application that was granted.
7.
The City Manager shall provide his or her decision on the application within 45 days of the date of the receipt of a complete application.
8.
The applicant may appeal a final determination by the City Manager under this Section to the City Council within 10 calendar days of the date of the City Manager's decision on the application.
9.
The City may enter into a consent agreement with the applicant that is intended to resolve a good-faith dispute concerning Chapter 245 development rights and applicable regulations in order to avoid the cost and uncertainty of litigation to both parties.
D.
Continued use petitions.
1.
General standard. A property is entitled to rights of continued use under Section 43.002 of the Local Government Code to the extent that current regulations would prohibit:
a.
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
b.
The initial use of land in the manner that was planned before the 90th day before the effective date of the annexation if:
(1)
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
(2)
A completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted.
(Ordinance 2025-O-650 adopted 1/9/2025)