Liberty Hill City Zoning Code
CHAPTER 2
00 Review Authority and Procedures
§ 2.01 General.
2.01.01
Purpose.
The purpose of this Chapter is to establish the responsibilities and structure for administering and enforcing this Code, including the reviewing authority and minimum review procedures that will be followed by each reviewing authority. Chapter 3 provides supplemental information to the review procedures described in Chapter 2.
2.01.02
Conformity with Development Regulations.
All City officials and employees with the responsibility or authority to issue a permit, certificate or license are prohibited from issuing a permit or license for any use, building, or purpose that conflicts with any provision of this Code. Any permit, certificate or license issued in conflict with the provisions of this Code is null and void.
(Ordinance 09-O-02 adopted 1/28/2009)
§ 2.02 Responsibility of Property Owner and/or Applicant.
It is the responsibility of an applicant to provide accurate and complete information and plans to comply with the requirements of this Code and all applicable laws and regulations. The City of Liberty Hill is not responsible for the accuracy of information or plans provided to the City for its review or approval.
The City or its representatives may inspect any development activity to enforce the provisions of this Code. By submitting an application to the City, the applicant consents to entry upon the site by the City or its representatives during regular business hours for the purpose of making reasonable inspection to verify information provided by the applicant and to verify that work is being performed in accordance with the approved plans and permits and the requirements of this Unified Development Code.
The use of the following terms in this Code refers to the person, entity, or agent thereof who may apply for an approval or a permit or another decision of the City under this Code. All such terms shall be considered interchangeable. The terms include the following: owner, owner’s agent, landowner, property owner, applicant, developer, and subdivider.
(Ordinance 09-O-02 adopted 1/28/2009)
§ 2.03 Administrative Officials and Review Entities.
2.03.01
City manager.
The administrative official for the purposes of this Chapter shall be the City Manager and the Manager's assistants, deputies, and department heads insofar as they may be charged by the City Manager and the provisions of this chapter with duties and responsibilities referenced in this Chapter and Chapter 3. The City Manager or the Manager's designee shall ordinarily administer and enforce the provisions of this Code. The City Manager shall serve as staff to the Planning and Zoning Commission, Board of Adjustments (BOA), Parks and Recreation Board, and the City Council except where otherwise provided by this Chapter. City Manager may designate staff liaisons to the Planning & Zoning Commission, Board of Adjustments (BOA), and the Parks and Recreation Board.
2.03.02
City manager powers and duties.
The City Manager has the following powers to make final action and review and reporting duties regarding this Code:
A.
The City Manager is responsible for taking final action on the following procedures described in this Code and according to the specific criteria for each procedure as described in the Code.
1.
Letter of Zoning Compliance.
2.
Subdivision Plat Compliance.
3.
Master Sign Plan
4.
Temporary Use Permit.
5.
Minor Plat, Final Plat or Amending Plat.
6.
Preliminary Plat Review.
7.
Site Development Permits.
8.
Vested Rights Determination.
B.
The City Manager or designee will review and make either a report or recommendation to the BOA, Planning and Zoning Commission, Parks and Recreation Board, or City Council, as required pursuant to the Code, on the following procedures:
1.
Conditional Use Permit.
2.
Planned Unit Development.
3.
Comprehensive Plan Amendment
4.
Zoning Map Amendment (Rezoning).
5.
Unified Development Code Text Amendment.
C.
The City Manager shall have the following additional duties:
1.
To comply with any other duty or responsibility clearly assigned to the City Manager elsewhere in this Code;
2.
To enforce all provisions of this Code;
3.
To meet with potential applicants in preapplication conferences as described in this Code or designate appropriate staff to meet with potential applicants;
4.
To act and serve as staff for each review body designated by this Code or designate staff for each review body; and
5.
To render advice and guidance, upon reasonable request of any property owner, or its agent, or occupant, on development or new construction or the restoration, alteration or maintenance of any building within the City.
D.
The City Manager shall comply with any specific procedures described in this Code.
E.
The City Manager may develop administrative rules or additional procedures to clarify implementation of this Code, provided that such rules or procedures are approved by the City Council prior to their implementation or enforcement, and provided further that additional procedures do not violate any other provisions of this Code.
F.
The City Manager will develop an Administrative Procedures Manual for application requirements for all procedures described within or developed pursuant to this Code. Such requirements must be sufficient to permit the Manager and staff to effectively review the application and for the final approving authority to render an informed decision.
G.
Application requirements must be consistent with state law.
H.
The City Manager may waive application requirements when appropriate, but may not require additional submission requirements after an application has been determined to be complete.
I.
Interpretation of the code.
Whenever there appears to be an uncertainty, vagueness, or conflict in the terms of the Code, the City Manager, in consultation with the staff, city engineer, or city attorney, as may be appropriate, shall make every effort to interpret the Code in such a way that it fulfills the goals of the Comprehensive Plan and the UDC. The interpretation given by the Manager shall be final unless an appeal is made by the applicant to the City Council or Board of Adjustment to review and overturn his decision. In such a case the burden shall be on the applicant to prove that the Manager's interpretation is unreasonable and in clear conflict with the governing law and the goals of the Comprehensive Plan.
2.03.03
City engineer.
A.
The City Manager will appoint a City Engineer to function as described in this Code. The City Engineer must be a registered professional engineer, licensed by the State of Texas and competent in the design and review of land development and urban public works.
B.
The City Engineer is responsible for review and final action on the following plans described in this Code, subject to the specific criteria for the procedure as described in the Code:
1.
Approval of Master Drainage Plans.
2.
Approval of Street and Drainage Plans.
3.
Approval of Water Distribution Plans.
4.
Approval of Wastewater Plans.
5.
Approval of right-of-way permits.
6.
Approval of Water Quality Controls.
C.
The City Engineer will review development applications in compliance with the Unified Development Code, State Law, adopted Engineering Design Manual, master plans, and all relevant adopted manuals and codes.
D.
The City Engineer shall comply with any specific procedures or technical criteria described in this Code.
E.
The City Engineer may develop and implement additional procedures or technical criteria to clarify implementation of this Code, provided that such procedures or criteria are approved by the City Manager prior to their implementation and enforcement, and provided further that the additional procedures do not violate any other provisions of this Code.
2.03.04
Parks and recreation board.
A.
The regulations and restrictions of the Parks and Recreation Board for the City of Liberty Hill will be pursuant to the provisions of applicable statutory requirements of the State of Texas and of the enabling ordinance establishing the Parks and Recreation Board.
B.
The Parks and Recreation Board shall be an advisory body to the Planning and Zoning Commission and City Council on policies, programs, public and private parks within new developments in Liberty Hill's jurisdictional area, and park and recreation facilities that serve the citizens of Liberty Hill.
C.
The Parks and Recreation Board will be constituted and conduct all activities in accordance with this Code and all other applicable codes, and any adopted Bylaws. The proposed bylaws shall be submitted to the City Council for review and approval before the Parks and Recreation Board becomes effective.
D.
The Parks and Recreation Board review process will be required for any permit or application that requires final action from the Parks and Recreation Board, as described in this Code. The Parks and Recreation Board shall be responsible for hearing and making recommendations to the Planning and Zoning Commission and City Council on the following:
Parks and Recreation Improvements and Amenities included with Park Land Dedications.
E.
The Parks and Recreation Board serves as an Advisory group to the Planning and Zoning Commission and City Council.
F.
The Parks and Recreation Board will review the application or park-related project or policy, and make recommendations to the Planning and Zoning Commission and City Council based on the Parks and Recreation Plan set forth in the Comprehensive Plan, or other subsequent plans that are developed related to parks and recreation.
2.03.05
Board of adjustment (BOA).
A.
Purpose.
Pursuant to the Texas Local Government Code Chapter 211, a Board of Adjustment ("Board") is hereby created as set forth in the following sections. The provisions in this section and state law shall control over any other sections in the UDC that may be in conflict with the language provided for in this section.
B.
Members; organization; meetings.
1.
Members.
a.
The Board shall consist of five members who are property owners or residents who are appointed by the City Council. Such members shall serve two-year, staggered terms. After the initial establishment of the Board, the members will receive position numbers from the City Council at the time of appointment. Thereafter, three members of the Board will be appointed or re-appointed in odd-numbered years, and two will be appointed or re-appointed in even-numbered years. All terms shall begin on November 1st and shall end on October 31st of the second year following. Any member appointed to fill a vacancy shall serve only for the remainder of the unexpired term. Upon the expiration of a term, each Board member shall hold over into the subsequent term until such time that the City Council either reappoints that member or appoints a replacement.
2.
In addition, the City Council will:
a.
Appoint two alternate members of the Board, any of which shall serve in the absence of one of the regular members when requested to do so by the Chair, City Manager, or City Manager's designee. Any vacancy in the alternate member positions shall be filled in the same manner, and they shall be subject to removal in the same manner as the regular members.
b.
Fill vacancies for the expired or unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. Board members may be appointed to succeed themselves.
3.
Removal of a Member of the Board of Adjustment may only be for cause, as found by the City Council, on a written charge after a public hearing, pursuant to Texas Local Government Code Section 211.008(b).
C.
Organization.
1.
The Board shall meet and organize as soon as practicable. All newly appointed members of the Board shall be sworn in before participating in any meeting of the Board.
2.
The Board shall elect from its members annually a chair, vice chair, and secretary to serve for one year.
3.
The Board shall adopt rules to govern its proceedings that are consistent with this chapter, charter, and state law.
4.
Before hearing any case, all members must attend training on applicable state laws, the City's comprehensive plan, and the City's UDC. This training, coordinated by the planning department and the City Secretary's Office, shall be overseen by the City Attorney. Failure to satisfy the training requirement constitutes a cause for removal from the Board.
D.
Meetings.
1.
Meetings of the Board shall be held at the call of the chair and at such other times as the Board may determine.
2.
All meetings of the Board of Adjustment shall be held in compliance with the Texas Open Meetings Act.[1]
[1]
Editor's note—See Texas Government Code Chapter 551.
3.
The chair, or in the chair's absence, the vice-chair, may administer oaths and compel the attendance of witnesses.
4.
Each case before the Board must be heard by a minimum number of four members.
5.
Administrative and procedural matters unrelated to a case shall require a simple majority vote of the members present.
6.
All members present, including the chair, shall vote on every motion.
7.
The Board shall keep minutes of its proceedings, showing the vote of each member for each action taken, and shall maintain records of its examinations and other official actions, all of which shall be filed immediately with the City Secretary and shall be a public record.
8.
A member shall not vote or participate in the consideration of any matters wherein the member has a state-law conflict of interest. A member shall notify the chair of any conflict of interest, which will be recorded in the minutes.
E.
Authority and duties.
1.
Zoning issues.
When, in its judgment, the public convenience and welfare will be substantially served, the Board of Adjustment, after public notice and public hearing and subject to appropriate conditions and safeguards, may exercise the following powers:
a.
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the City's zoning regulations or any amendments thereto.
b.
To hear and decide special exceptions to the terms of the City's zoning regulations, upon which the Board is authorized to consider.
c.
To authorize in specific cases such variance from the terms of the City's zoning regulations as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the City's zoning regulations will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.
d.
To require the discontinuance of nonconforming uses under any plan whereby the City will comply with the requirements of Texas Local Government Code Section 211.019 in determining compensation to the property owner or lessee of the property.
F.
Appeal of decision.
1.
Any of the following persons may appeal to the Board of Adjustment a decision made by an administrative official under the City's zoning regulations:
a.
A person aggrieved by the decision of the zoning authority or administrative officer; or
b.
Any officer, department, or Board of the municipality affected by the decision.
2.
An appeal must be made within 20 days after the administrative officer has rendered the decision by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the City Secretary all the papers constituting the record upon which the action appealed from was taken.
3.
An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the Board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record on application, after notice to the official, if due cause is shown.
G.
Limitation on authority.
1.
The Board may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought.
2.
The Board shall have no power to grant or modify conditional use permits authorized pursuant to the UDC.
3.
The Board shall have no power to grant a zoning change. In the event that a written request for a zoning change is pending before the Planning and Zoning Commission or the City Council, the Board shall neither hear nor grant any variances with respect to the subject property until the final disposition of the zoning change.
H.
Hearings and action by board.
1.
Notice of hearing.
The Board shall hold a public hearing on all appeals made to it after public notice thereof, and written notice of all such public hearings shall be sent to the applicant and, if the hearing relates to real property, to all other persons who are owners of real property lying within 200 feet of the property on which the appeal is made; such notice shall be given not less than 11 days before the date set for hearing to all property owners as the ownership appears on the last City tax roll. Such notice may be served by depositing the same properly addressed and postage paid in the United States Post Office. The applicant shall bear the expense of giving notice. Notice shall also be published in the City's official newspaper on or before the 16th calendar day prior to the public hearing.
2.
Procedure.
Any interested party may appear in person or by attorney at a public hearing. The burden of proof shall be on the applicant to establish the necessary facts to justify the action of the Board on any appeal. Any special exception or variance granted or authorized by the Board under the provisions of the City's UDC shall authorize the issuance of a building permit for a period of 90 days from the date of the favorable action of the Board unless said Board shall in its action approve a longer period of time or prior to the expiration of the permit shall grant a longer period and so show such specific longer period in the minutes of its action. If the building permit shall not have been issued within said 90-day period or such extended period as the Board may specifically grant, then the special exception or variance shall be deemed to have been waived and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal to the Board in accordance with the regulations herein contained.
3.
Actions of the board.
a.
In exercising its powers, the Board may, in conformity with the provisions of the statutes of the state as existing or hereafter amended, revise or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken including the power to impose reasonable conditions to be complied with by the applicant.
b.
The concurring vote of 75% of the appointed members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or to decide in favor of the application on any matter upon which it is required to pass under this chapter or to authorize any variation from the terms of the City's zoning regulations.
c.
A Board member shall recuse himself from voting and shall not participate in the public hearing whenever the member has state law conflict of interest or the member will be directly affected by the decision of the Board.
4.
Criteria for the granting of a variance.
No Zoning Variance shall be granted without first providing public notice and holding a public hearing on the Zoning Variance request in accordance with this Ordinance and unless the Board of Adjustment finds all the following criteria are met.
a.
Unique circumstances.
That there are special circumstances or conditions affecting the land involved, such that the application of the Ordinance's provisions would deprive the Applicant of the reasonable use of their land.
b.
Minimum necessary relief required to alleviate undue hardship.
That the Zoning Variance, if granted, would be the minimum necessary relief required to alleviate the undue hardship.
c.
Preservation of property rights.
That the Zoning Variance is necessary for the preservation and enjoyment of a substantial property right of the Applicant.
d.
No substantial detriment to the public good.
That the granting of the Zoning Variance will not be detrimental to the public health, safety, or general welfare, impair the purposes and intent of this Ordinance and the Comprehensive Plan, or be injurious to other property within the area.
e.
Orderly use of land.
That the granting of the Zoning Variance will not have the effect of preventing the orderly use of other land within the area in accordance with the City's zoning regulation and Comprehensive Plan.
5.
Undue hardship determination.
The Board must make findings that an undue hardship exists using the following criteria:
a.
That the requested variance does not violate the intent of the zoning regulations.
b.
That special conditions of restricted area, topography, or physical features exist that are peculiar to the subject parcel of land and not applicable to other parcels of land in the same zoning district.
c.
That the relief sought will not injure the permitted use of adjacent conforming property.
d.
That the granting of a Zoning Variance will be in harmony with the spirit and purpose of the City's zoning regulations.
e.
That the hardship is in no way the result of the applicant's own actions.
f.
That the interpretation of the provisions of the regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions.
g.
In considering a variance as applied to a structure, the Board may consider the following as grounds to determine whether an unnecessary hardship would result from compliance with the ordinance:
i.
The financial cost of compliance is greater than 50% of the appraised value of the structure, as shown on the most recent appraisal roll certified to the assessor for the municipality under Texas Tax Code Section 26.01.
ii.
Compliance would result in a loss to the lot on which the structure is located, which would be at least 25% of the area on which development may physically occur.
iii.
Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement.
iv.
Compliance would result in unreasonable encroachment on an adjacent property or easement.
v.
The municipality considers the structure to be a nonconforming structure.
6.
No appeal to the Board for the same or a related variance or special exception on the same piece of property shall be allowed for a waiting period of 180 calendar days following an unfavorable ruling by the Board unless other property in the immediate vicinity has, within the 180 day waiting period, been changed or acted upon by the Board or the City Council so as to alter the facts and conditions upon which the previous unfavorable Board action was based. Such change in circumstances permits re-application but does not compel a favorable Board decision.
I.
Fees for appeals to the board.
The fee for an appeal to the Zoning Board of Adjustment shall be in the amount provided by the City's schedule of fees.
2.03.06
Planning and zoning commission.
A.
The regulations and restrictions of the Planning and Zoning Commission for the City of Liberty Hill will be pursuant to the provisions of applicable statutory requirements of the State of Texas. No requirement or the procedure of the Planning and Zoning Commission action may govern if it is in conflict with specific provisions of this Code.
B.
The Planning and Zoning Commission will function as the municipal authority responsible for subdivision variances, and exercising all of those powers and duties permitted or required by Texas Local Government Code chapter 212, the City Charter, and City ordinances, as each may be amended from time to time.
C.
The Planning and Zoning Commission has the powers and duties of a Planning and Zoning Commission in accordance with Texas Local Government Code chapters 211 and 213 and it will serve in an advisory capacity to City Council. The Planning and Zoning Commission's authority extends to and includes review and recommendation of the following:
1.
Conditional Use Permit.
2.
Overlay District Designation.
3.
Planned Unit Development.
4.
Comprehensive Plan Amendment.
5.
Zoning Map Amendment (Rezoning).
6.
Unified Development Code Text Amendment.
D.
The Planning and Zoning Commission will be formed and conduct all activities in accordance with this Code and other applicable City code requirements, the ordinance creating the Commission and any adopted Bylaws.
E.
The Planning and Zoning Commission review process will be required for any permit or application that requires review and recommendations from the Planning and Zoning Commission, as described in this Code.
F.
Initiation of a Planning and Zoning Commission process may be made upon application by the property owner of the affected property or its authorized agent.
G.
Application must be made in a format consistent with requirements determined by the City Manager. Applications must include all materials determined necessary by the City Manager. Information regarding the format requirements and submittal materials required for the application will be made available by the Manager in advance of any application.
H.
The Planning and Zoning Commission will serve as an Advisory Body to the City Council.
I.
A Conditional Use permit, zoning map amendment, or subdivision variance request will not be recommended for approval until the application is complete and the information contained within the application is sufficient and correct so as to allow adequate review and a decision on a recommendation by the appropriate review authority.
2.03.07
City council (council).
The regulations and restrictions of the City Council for the City of Liberty Hill will be pursuant to the provisions of applicable statutory requirements of the State of Texas. The City Council (Council) has the following powers and duties:
A.
The City Council is responsible for appointing and removing any members of the Planning and Zoning Commission, BOA, and Parks and Recreation Board. Appointments will be made on the recommendation of the Mayor and a vote of approval by the City Council.
B.
The City Council has responsibility for hearing and taking final action on the following procedures described in this Code.
1.
Conditional Use Permit.
2.
Dedication of Land and Community Facilities.
3.
Overlay District Designation.
4.
Planned Unit Development.
5.
Comprehensive Plan Amendment.
6.
Zoning Map Amendment (Rezoning).
7.
Unified Development Code Text Amendment.
C.
Any other specific procedure or legislative action that requires City Council action as specified in this Code, or required by state or federal law.
D.
The City Council membership and bylaws have been established by Texas Local Government Code.
E.
Any final decision made by the City Manager under Chapter 9 or Exhibit 9A in this Code of Ordinances related to subdivision-related applications or permits may be appealed by the applicant to City Council.
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance 2023-O-032 adopted 8/23/2023; Ordinance 2025-O-008 adopted 4/9/2025; Ordinance 2026-O-003 adopted 3/11/2026)