The Director of Planning shall administer the provisions of this ordinance, and in furtherance of such authority, shall:

(a)

Maintain permanent and current records with respect to this ordinance, including amendments thereto.

(b)

Receive, file, and review all zoning applications to determine whether such applications comply with this ordinance.

(c)

Forward zoning applications to the Commission as required by this ordinance with a planning analysis.

(d)

Forward zoning applications to the Council, together with the recommendations of the Commission and the staff planning analysis.

(e)

Make such other determinations and decisions as may be required of the City by this ordinance, the Commission or the Council.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 21-086-00 adopted 10/12/21)

In the interpretation and application of the provisions of this ordinance, the following regulations shall govern:

(a)

Interpretation. In the City's interpretation and application, the provisions of this ordinance shall be regarded as minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare. This ordinance shall be regarded as remedial and shall be liberally construed to further its underlying purposes.

(b)

Duplicative Restrictions. Whenever more than one provision of this ordinance covers the same subject matter, or when any provision in any other law, ordinance, rule or regulation of any kind contains any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern.

(c)

Written Decision of Meaning or Intent. Where there is a question concerning the meaning or intent of a provision of this ordinance, the City shall render a written decision setting forth the exact manner in which said provision shall be interpreted and administered. In the event exception is taken by any interested party to such a decision the matter shall be appealed to the Commission, and, as appropriate, to the Council, whose decision shall be final.

(1)

Any written decision shall be attached to and made a part of this ordinance, until rescinded by amendment of this ordinance as provided for herein.

(2)

The terms, provisions and conditions of this ordinance shall be interpreted and applied in a manner consistent with V.T.C.A., Local Government Code, ch. 211 and, particularly as to property within the extraterritorial jurisdiction of the City.

(d)

Consistency with the Comprehensive Plan. All zoning applications shall conform to the Comprehensive Plan for the community and be consistent with all of the elements thereof. Where the proposed zoning application is inconsistent with one (1) or more of the elements of the Comprehensive Plan, the developer may petition the City for amendment to the particular element or elements of the Comprehensive Plan either prior to, or concurrent with, submitting a request for subdivision plat or development plan approval. Inconsistency with the provisions of the Comprehensive Plan shall be grounds for disapproval of the zoning application by the City.

(e)

Consistency with the Subdivision Ordinance. All development projects within the corporate limits and extraterritorial jurisdiction of the City shall be in conformance with the City's Subdivision Ordinance. Where the proposed development requires a zoning classification or approval other than that currently applying to the property to be developed, the developer shall make appropriate application to secure the necessary zoning classification or approval such that the proposed development would comply with the Zoning Ordinance.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 21-086-00 adopted 10/12/21)

(a)

Declaration of Policy and Review Criteria. The City of Leander declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning district except:

(1)

To correct any error in the regulations or map.

(2)

To recognize changed or changing conditions or circumstances in a particular locality.

(3)

To recognize changes in technology, the style of living, or manner of conducting business.

(4)

To change the property to uses in accordance with the approved Comprehensive Plan. In making a determination regarding a requested zoning change, the Commission and City Council shall consider the following factors:

(i)

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole.

(ii)

Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supplies, sanitary sewers, and other utilities to the area.

(iii)

The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances, which may make a substantial part of such vacant land unavailable for development.

(iv)

The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.

(v)

How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved.

(vi)

Any factors which may substantially affect public health, safety, morals, or welfare.

(b)

Authority To Amend Ordinance. The City Council may from time to time, after the Commission has had opportunity to make a recommendation, and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the Zoning Map. Any ordinance regulations or zoning district boundary amendment may be ordered for consideration by the City Council, be initiated by the Commission, or be requested by the owner of real property or the authorized representative of an owner of real property.

Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner, or by the Commission or City Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown on the City records are different, the applicant shall submit proof of ownership.

No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of Leander, and which are directly attributable to a piece of property requested for zoning, shall be allowed to submit a zoning request until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the City has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that the taxes have been paid.

(c)

Application. Each application for zoning or for an amendment or change to the existing provisions of this Zoning Ordinance shall be made in writing by the owner or person authorized to represent the owner on an application form available at the City, filed with the City and shall be accompanied by payment of the appropriate fee as established by the City of Leander, Texas in Appendix A, City Code of Ordinances, Article 4, Section 4.100, subsection (13) [Section A3.002]. Applications shall contain all information required by the application form.

(d)

Public Hearing and Notice.

(1)

Prior to making its report to the City Council, the Commission shall hold at least one public hearing on each application as required by state law (V.T.C.A., Local Government Code, Chapter 211 as amended). Written notice of all public hearings on proposed changes in district boundaries shall be sent to the owners of property, or to the person rendering the same for City taxes, that is located within two hundred feet (200') of the property that is the subject of the application. The notices will be mailed within not less than ten (10) days before such hearing is held. Such notice may be served by using the last known address as listed on the latest approved tax roll and depositing the notice, postage paid, in the United States mail. Notice of hearings before the City Council shall be accomplished by one publication not less than fifteen (15) days prior thereto in the official newspaper of the City.

(2)

The applicant shall post signs noticing the public hearing meeting the following criteria:

a.

For property located on roadways with a speed limit less than 45 miles per hour, 18" X 24" signs shall be placed at intervals of 200 feet along the roadway frontage of the property.

b.

For properties located on roadways with a speed limit 45 miles per hour and greater, 24" X 36" signs shall be placed at intervals of 200 feet along the roadway frontage of the property.

c.

If the property has less than 200 feet of frontage per roadway, then only one (1) sign is required per frontage.

d.

If the property does not have frontage on a roadway, signage shall be placed on the closest roadway frontage.

(3)

After the signage is posted, the applicant shall submit pictures of the posted signs as well as an affidavit confirming that the signage was posted.

(4)

Signage shall remain posted until the final public hearing is conducted. Once the final public hearing is completed, the applicant shall remove the signage within five (5) business days.

(5)

Neighborhood Outreach Requirements: If the perimeter of the property that is proposed for a rezoning is located within 500 feet of any property zoned or used for single-family residential development, the applicant is required to submit a neighborhood outreach summary.

a.

The purpose in this summary is to:

(i)

Provide an opportunity for communication between the applicant and area residents;

(ii)

Attempt to resolve issues in a manner that is respectful of all interests; and

(iii)

Identify all unresolved issues.

b.

A meeting with the neighborhood is recommended to aid in communication between the applicant and area residents. If a meeting is not possible, then the applicant is required to either hand deliver a notice or send a letter via certified mail.

c.

The neighborhood outreach shall be completed prior to submitting the zoning application. The summary shall be submitted with the zoning application and shall include the following information:

(i)

Efforts implemented to notify neighborhoods about the proposal, including who was notified, how they were notified, and when they were notified;

(ii)

Information about the project that was shared with owners and residents via mailings, workshops, meetings, open houses, flyers, and/or door-to-door meetings;

(iii)

A list of who was involved in the discussions;

(iv)

The suggestions and concerns raised by the neighborhoods; and

(v)

The specific actions that were taken, or that are proposed to be taken, in response to feedback from the residents.

d.

The applicant shall present the summary report to the authorized decision- making body at the public hearing.

e.

This requirement may be delayed if a Planned Unit Development (PUD) is proposed that requires additional review by staff. In that case, the neighborhood outreach shall be completed prior to starting the public notice process.

(6)

HOA/Neighborhood Representative Notification. If the exterior boundary of any property that is proposed for zoning or rezoning is located within 500 feet of the external boundaries of the jurisdiction of a Home Owners Association (HOA) and/or a neighborhood a notification shall be mailed to the HOA and/or neighborhood representative within the same timeframe as referenced in Section above.

(e)

Failure To Appear. Failure of the applicant or his representative to appear before the Commission or City Council for more than one hearing without notice to and approval by the Director of Planning or a waiver being granted by the Commission or Council, as applicable, shall constitute sufficient grounds for the Commission or the City Council to table or deny the application. Provided the Director of Planning or City Secretary is notified in writing by the applicant at least seventy-two (72) hours prior to the hearing, applicants shall be entitled to one postponement.

(f)

City Council Consideration.

(1)

Every application or proposal which is recommended for approval by the Commission shall be automatically forwarded to the City Council for setting and holding of public hearings thereon. No change, however, shall become effective until after the adoption of an ordinance for the same and its publication as required by law.

(2)

When the Commission makes a recommendation that a proposal should be denied, the request in its original form, will automatically be placed on the City Council agenda unless a request not to place the item on the agenda is made by the applicant within ten (10 days) of such action.

(3)

No applications for a change of zoning classification, variance, or special use permit shall be accepted if a similar application for the same property has been denied by a three-fourths (75%) vote of the City Council within the preceding six (6) month period.

(4)

Notice of the City Council public hearing shall be given by publication in the official newspaper of the City, stating the time and place of such hearing, which shall be at least fifteen (15) days after the date of publication.

(5)

Upon approval of a zoning request by the City Council, the applicant shall submit all related material with revisions, if necessary, to the City for the preparation of the amending ordinance. A metes and bounds description, lot and block description or a tax map of all property and appropriate exhibits must be submitted with the zoning change request application. The amending ordinance will not be approved until a correct description has been prepared. The zoning request shall be approved at the time the City Council makes a decision to approve the request as submitted or with certain conditions.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 21-086-00 adopted 10/12/21)

(a)

Established. A Board of Adjustments (Board) is established in accordance with the provisions of Section 211.008, et seq., Tex. Loc. Gov't. Code, and the City Charter, regarding the zoning of cities. The Board shall have the powers and duties as provided in Chapt. 211 and this Ordinance.

(b)

Organization and Membership.

(1)

Regular Membership. The Board shall consist of five citizens appointed or reappointed by the City Council. The Mayor shall have the authority to nominate persons for appointment. Members of the Board shall be removable for cause by the City Council, upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of the member whose term becomes vacant. The Board shall elect its own chair, who shall serve for a period of one (1) year or until his or her successor is elected.

(2)

Alternate Members. The Board shall also consist of not more than four alternate members who will serve in the absence of one or more regular members, as and when requested to do so by the Mayor or City Manager. Alternate members shall be appointed in the same manner as regular members; shall serve for the same period as a regular member; and are subject to removal in the same manner as a regular member. Vacancies among the alternate members shall be filled in the same manner as vacancies among the regular members.

(c)

Meetings. Meetings of the Board shall be held at the call of the chair and at such other times as the Board may determine.

(d)

Hearings. All meetings and hearings held by the Board of Adjustment shall be public; provided that upon the advice and consent of the City Attorney the Board may go into executive session pursuant to Chapt. 551, Tex. Gov't. Code.

(e)

Rules and Regulations. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and such minutes shall be immediately filed in the office of the Board and shall be a public record. The Board shall act by resolution in which four members must concur. The Board may adopt rules in accordance and consistent with this Ordinance as necessary and required. A copy of any such rules shall be furnished to any person requesting same. All rules and regulations shall operate uniformly in all cases and all resolutions and orders shall be in accordance therewith.

(f)

Appeals.

(1)

Procedure. Any person aggrieved by a decision of an administrative officer in the enforcement of Chapt. 211, Tex. Loc. Gov't. Code, or this ordinance, or any officer, department, board or bureau of the City affected by any such decision by an administrative officer, may appeal such decision to the Board. Such appeal shall be made by filing with the office of the Board and the officer whose action is being appealed, a notice of appeal specifying the grounds thereof. The officer from which the appeal is taken shall forthwith transmit to the Board a certified, true and correct copy of all of the papers constituting the record upon which the action appealed from is taken.

(2)

Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer whose decision is appealed shall certify to the Board that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed other than by restraining order granted for just cause by the Board, or by a court of record, after notice to the officer from whom the appeal is taken.

(3)

Notice of Hearing on Appeal. The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall give public notice of the hearing and due notice to the parties in interest. The Board shall mail notices of such hearing to the petitioner, to the owners of the property that is the subject of the hearing, to the owners of property lying within two hundred (200) feet of any point of the lot or portion thereof that is the subject of the appeal or variance request, the Building Official and the Director of Planning. The owners of property shall be determined according to the current tax rolls of the City, and the deposit of the notice in the U.S. mail, addressed to the name and address on the tax rolls, postage prepaid, shall be deemed actual notice and full compliance with the requirements of this Ordinance for notice.

(4)

Decision by Board. The Board shall decide appeals within a reasonable time. Any party to the appeal may appear in person or by agent or attorney at any hearing. The Board may, upon the concurring vote of four (4) members, reverse or affirm, in whole or in part, or modify the administrative official's order, requirement or decision, and make the correct order, requirement, decision, or determination on the matter appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made, and to that end, shall have all powers of the officer or department from whom the appeal is taken. The Board shall promptly file in the office of the Building Official and City Secretary a written decision on each appeal and variance request. The decision shall be signed by the Board Chair or, as applicable in his/her absence, the Vice-Chair of the Board.

(g)

Powers and Duties of the Board. The Board shall have authority and jurisdiction to hear appeals from the decisions of an administrative official in the interpretation and application of this Ordinance, and to hear and consider variance requests only as authorized by Chapt. 211, and this Ordinance.

(1)

Appeals Based on Error. The Board shall have the power to hear and decide appeals based solely upon the applicable law and facts, where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of Chapt. 211, Tex. Loc. Gov't. Code, or this Ordinance.

(2)

Special Exceptions. The Board shall have the power to hear and decide special exceptions to the terms of this Ordinance when this ordinance by specific provision authorizes the Board to do so. Such special exceptions shall be as follows:

(i)

To permit a public utility or public service use or structure in any district as necessary to house equipment, pumps, switching gear, and similar devices only, required for the provision of the utility service or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the provision of utility service and the public health, convenience, safety or general welfare.

(ii)

Authorize a variance from the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, and where the topography or unusual shape of the lot and regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

(iii)

The Board shall have the authority to recommend to the Council the classification of any use not specifically named in this ordinance, in cases of uncertainty; and that Council consider authorizing and granting a special use permit or otherwise amending this Ordinance, in those instances where:

(a

A business, commercial or industrial use that requires less restrictive zoning be permitted within 300 feet of the boundary of such a required zoning district but in an abutting more restrictive commercial or industrial district, because of the methods by which it would be operated and its limited effect upon uses within surrounding zoning districts; or

(b

In those cases where an extension of use authorized in subsection (h)(iii) [(h)(3)] below should be considered for an extension beyond the 100-foot limitation, or beyond the lot line.

(h)

Variances. The Board shall have the power to authorize upon application for variance in specific cases when such variance 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 will result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done, including the following:

(1)

Yard and Setback. Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardship in the carrying out of these provisions due to an irregular shape of the lot, topography or other conditions; provided that such variance will not significantly affect any adjoining property or the general welfare.

(2)

Structures. Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this Ordinance relating to the construction or alteration of a building or structure or the use of land will impose unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this Ordinance as are in harmony with its general purpose and intent, but only when the Board is satisfied that a granting of such variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance as established by this Ordinance, and at the same time, the surrounding property will be properly protected; provided that the Board shall not in any event permit a use on any property that is not permitted within the Zoning category for which such property is zoned.

(3)

Extension of Use. To grant a permit for the extension of a use, height, area, site and/or architectural regulation into an adjoining district to include an entire legal lot but not to exceed an extension of 100 feet, where the boundary line of the district divided a lot under single ownership on the effective date of this ordinance.

(i)

Subpoena Witnesses. The Board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.

(j)

Changes. The Board shall have no authority to change any provision of this Ordinance and its jurisdiction is limited to hardship and borderline cases which may arise from time to time.

(Ordinance 05-018-00 adopted 9/1/05)

Charter reference— Board of adjustment, sec. 10.08.

State Law reference— Establishment and authority of zoning board of adjustment, V.T.C.A., Local Government Code, sec. 211.008 et seq.

No Building Permit shall be issued for any new structure or change, improvement or alteration of any existing structure, on any lot or tract of land and no municipal utility service will be furnished to such lot or tract which does not comply with the provisions of this ordinance and all applicable elements of the Comprehensive Plan, except as herein exempted or upon the written application and approval of a variance as authorized by this ordinance.

(Ordinance 05-018-00 adopted 9/1/05)

(a)

Application. Certificates of occupancy shall be required for any of the following:

(1)

Occupancy and use of a building hereafter erected or structurally altered.

(2)

Change in use of an existing building to a use of a different classification.

(3)

No such occupancy, use or change of use, shall take place until a Certificate of Occupancy therefor shall have been issued by the City Building Official.

(b)

Procedure.

(1)

Written application for a Certificate of Occupancy for a new building or for an existing building, except a dwelling and lodging house, which is to be altered shall be made at the same time as the application for the Building Permit for such building. Said Certificate shall be issued within three (3) days after a written request for the same has been made to said City Building Official or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this ordinance.

(2)

Written application for a Certificate of Occupancy for the use of vacant land or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided shall be made to the City Building Official. If the proposed use is in conformity with the provisions of this ordinance, the Certificate of Occupancy shall be issued within three (3) days after the application for same has been made.

(c)

Approval. Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies with applicable provisions of law. A record of all Certificates of Occupancy shall be kept in file in the office of the City Building Official or his agent and copies shall be furnished on request to any person having proprietary or tenancy interests in the building or land affected.

(d)

Temporary Certificate of Occupancy. Pending the issuance of a regular Certificate of Occupancy, a temporary certificate may be issued by the City Building Official for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this ordinance. Applicant is responsible for all additional inspections required for temporary certificates of occupancy.

(e)

Nonconforming Uses. A Certificate of Occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this ordinance. Application for such Certificate of Occupancy for a nonconforming use shall be filed with the City Building Official by the owner or lessee of the building or land occupied by such nonconforming use within one (1) year of the effective date of this ordinance. It shall be the duty of the City Building Official to issue a Certificate of Occupancy for a lawful nonconforming use, or refusal of the City Building Official to issue a Certificate of Occupancy for such nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist on the effective date of this ordinance.

(Ordinance 05-018-00 adopted 9/1/05)

To defray the costs of administering this ordinance, the applicant seeking zoning approvals shall pay to the City, at the time of submittal, the prescribed fees as set forth in the current administrative fee schedule approved by the Council, and on file in the office of the City.

(Ordinance 05-018-00 adopted 9/1/05)

Ordinances numbered 02-016-00, 02-029-00, 02-029-01, 02-029-02, 02-029-03, 02-029-04, 02-029-05, 02-029-06 and 04-039-00 are hereby amended in their entirety and all ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance, are hereby amended to the extent of such conflict. In the event of a conflict or inconsistency between this ordinance and any other code or ordinance of the City, the terms and provisions of the more restrictive ordinance shall govern. The Council may, from time to time, adopt, amend and make public rules and regulations for the administration of this ordinance. This ordinance may be enlarged or amended by the Council after public hearing, due notice of which shall be given as required by law.

(Ordinance 05-018-00 adopted 9/1/05)

Except as otherwise provided for in this ordinance, it shall be unlawful for any person, firm or corporation to develop, improve or sell any lot, parcel, tract or block of land within the City's territorial jurisdiction for other than agricultural purposes, regardless of the size or shape of said lot, parcel, tract or block, unless such lot, parcel, tract or block of land conforms with this ordinance.

(Ordinance 05-018-00 adopted 9/1/05)

(a)

(1)

Penalty. Any person who shall violate any of the provisions of this ordinance, or shall fail to comply therewith, or with any of the requirements thereof, within the City limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of two thousand dollars ($2,000.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.

(2)

Administrative Penalty. Any person who removes a Significant Tree greater than 8 inches in caliper prior to approval of a tree preservation plan, or who removes a Significant Tree greater than 8 inches in caliper that is not authorized to be removed under an approved tree preservation plan shall be charged and shall pay a fee of $300.00 per inch for each Significant Tree greater than 8 inches in caliper removed in violation of this ordinance. The City will rely on remaining evidence on site to determine if a violation of this ordinance has occurred. For enforcement purposes the City will consider that any stump remaining on the property which is eight inches or more in diameter measured at ground level or higher was a stump of a Significant Tree greater than 8 inches in caliper. Furthermore, any cut wood discovered on site will be considered evidence of a Significant Tree greater than 8 inches in caliper if the diameter of the cut wood is measured at eight inches or greater at any point on any piece of cut wood. A site development or building permit application for property from which one or more Significant Trees have been removed in violation of this ordinance may not be approved until an administrative.

(b)

Administrative Action. The Director of Planning, Building Official, City Engineer and/or the City Manager shall enforce this ordinance by appropriate administrative action and the issuance of stop-work orders, including, but not limited to, rejection of plans, plats, certificates of occupancy and specifications not found to be in compliance with this ordinance and good engineering practices.

(c)

Court Proceedings. Upon the request of the City Council, the City Attorney or other authorized attorney shall file an action in the district courts to enjoin the violation or threatened violation of this ordinance, or to obtain declaratory judgment, and to seek and recover court costs and attorney fees, and/or to recover damages in an amount sufficient for the City to undertake any construction or other activity necessary to bring about compliance with a requirement regarding the property and established pursuant to this ordinance.

(d)

Conflicting Provisions.

(1)

Conflict with State or Federal Regulations. If the provisions of this ordinance are inconsistent with state or federal law, this ordinance shall be construed, applied and administered consistent with such state or federal law.

(2)

Conflict with Other City Regulations. If the provisions of this ordinance are inconsistent with one another or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provision will control.

(3)

Conflict with Private Agreements. It is not the intent of this ordinance to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this ordinance impose a greater restriction than imposed by a private agreement, the provisions of this ordinance will control. The City shall not be responsible for monitoring or enforcing private agreements.

(4)

The terms and provisions of the Code and the Community Plan adopted for the Transit Oriented Development shall, as to permitted uses and other provisions specifically applicable therein, govern and control within the geographic area that is included within such Community Plan, when in conflict with this ordinance.

(Ordinance 14-040-00, sec. 8, adopted 7/17/14; Ordinance 16-065-00, sec. 31, adopted 7/21/16)

Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ordinance 05-018-00 adopted 9/1/05)

(a)

Violations Continue. Any violation of the previous zoning regulations of the City shall continue to be a violation under this ordinance and shall be subject to penalties and enforcement unless the use, development, construction or other activity is consistent with the express terms of this ordinance, in which case enforcement action shall cease, except to the extent of collecting penalties for violations that occurred before the effective date of this ordinance.

(b)

Applications Prior to Effective Date. A completed application submitted prior to the effective date of this ordinance will be reviewed on the basis of any regulations or requirements in effect at the time the completed application is filed; unless, at the applicant's option, the applicant elects to proceed under the terms and provisions of this ordinance.

(c)

Zoning Regulations Affecting Appearance of Buildings or Open Space.

(1)

This subsection applies only to a zoning regulation that affects:

(i)

The exterior appearance of a single-family house, including the type and amount of building materials;

(ii)

The landscaping of a single-family residential lot, including the type and amount of plants or landscaping materials or tree preservation; or

(iii)

Lot size, lot coverage or building size.

(2)

A zoning regulation adopted after the approval of a residential subdivision plat does not apply to that subdivision until the second anniversary of the later of:

(i)

The date the plat was approved; or

(ii)

The date the City accepts the subdivision improvements offered for public dedication.

(3)

This section does not prevent the City from adopting or enforcing applicable building codes or prohibiting the use of building materials that have been proven to be inherently dangerous.

(d)

Applicant Claiming Exemption. Any applicant that claims exception from any provision of this ordinance based upon a claim of vested rights shall file a Request for Vested Rights Determination with the Director of Planning demonstrating:

(1)

In reliance upon properly issued permits or approvals:

(i)

The applicant made substantial financial commitments or assumed substantial financial obligations within the purview of the activities authorized by said permit or approval; and

(ii)

The applicant has proceeded in good faith, and no approvals or permits have lapsed or been revoked; or

(iii)

The applicant has established any other factor which may establish vested rights under State or federal law; or

(2)

The applicant used its property or filed an application as provided in V.T.C.A., Local Government Code,, Section 43.002 prior to annexation, and that the regulations against which vested rights are claimed are not subject to an exemption as provided in V.T.C.A., Local Government Code,, Section 43.002(c); or

(3)

The applicant filed an application as provided in V.T.C.A., Local Government Code, Chapter 245 prior to adoption of the regulations against which vested rights are claimed, that the regulations against which vested rights are claimed are not subject to an exemption as provided in V.T.C.A., Local Government Code, Section 245.004 and that the project has not become dormant as defined in V.T.C.A., Local Government Code, section 245.005, or

(4)

Prior to six months after adoption of this ordinance by the City Council, the applicant applied for permit(s) under rules in effect immediately prior to the adoption of this ordinance instead of the rules contained in this ordinance and the applicant can demonstrate that he/she made a significant investment or is contractually committed to make such investment, for design work or facilities prior to July 13, 2005 and the applicant proposes to utilize the old rules in effect prior to the adoption of this ordinance only to the extent that such design work or facilities are in noncompliance with this ordinance, are in compliance with the rules in effect immediately prior to the adoption of this ordinance and such work or facilities would be irretrievable or could not be reasonably altered to comply with this ordinance.

(5)

After receiving a Request for Vested Rights Determination, the Director of Planning shall review the request and approve, deny or request additional information to be provided for consideration of the request within 20 working days. Upon review of the request, if the Director of Planning finds that the applicant has provided sufficient information to establish that one or more permits exists on a project, the Director shall issue a certificate to the applicant recognizing vested rights for the project and the terms and conditions required for the continuance of the vested rights.

(6)

This section shall not extend the time of validity for any permit. Any rights recognized by the application of this section shall not extend beyond the time periods prescribed for the validity of the permit or permits that were submitted for recognition except by the granting of a variance from the time limit as provided herein.

(Ordinance 05-018-00 adopted 9/1/05)

This ordinance shall become a part of the Code of Ordinances of the City of Leander, Texas, and may be renumbered and codified therein accordingly.

(Ordinance 05-018-00 adopted 9/1/05)

This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the City Charter of the City. Prior to January 13, 2006, applicants may apply for permits under rules in effect immediately prior to the adoption of this ordinance instead of the rules contained in this ordinance if he/she can demonstrate that he/she made a significant investment or is legally committed to make such investment, for design work or facilities prior to July 13, 2005 and then only to the extent that such design work or facilities are in noncompliance with this ordinance, are in compliance with the rules in effect immediately prior to the adoption of this ordinance and such work or facilities would be irretrievable or could not be reasonably altered to comply with this ordinance.

(Ordinance 05-018-00 adopted 9/1/05)

It is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act.

(Ordinance 05-018-00 adopted 9/1/05)