If, in accordance with the provisions of this Code and section 211.006 of the Texas Local Government Code, as amended, changes are made in the district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map, within (15) business days after the amendment has been approved by the City Council and signed by the Mayor.

Approved zoning changes shall be entered on the Official Zoning Map by the City Manager and each change shall be identified on the Map with the date and number of the Ordinance making the change.

No change of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with procedures set forth in this Code.

All new territory hereinafter annexed to the City shall have the Agriculture (AG) zoning district classification. No special action or hearing will be required for zoning upon annexation into the Agriculture (AG) district.

Rezoning of newly annexed territory may begin upon completion of annexation of the area, while staying within guidelines set forth by the State.

Newly annexed territory that is part of a lot already annexed or within City Limits will be zoned directly to the zoning designation of the portion of the lot already within the City.

This overlay applies in the area identified as the Downtown Overlay District on the Official Zoning Map. The location generally corresponds to the Town Center Plan area in the Comprehensive Plan.

Any base zoning district in the downtown overlay can be conditionally upzoned to C2, following the procedures and criteria for a conditional use permit.

Building setbacks adjacent to Main Street right-of-way in the Downtown Overlay District shall generally be assumed to be zero (0) feet, or “built to” the right-of-way line and allow for sidewalk widths of ten feet (10'), if the sidewalk is not part of the existing right-of-way. Setbacks from the Main Street right-of-way may be allowed if outdoor cafe-style seating or other intentional public, pedestrian-oriented space is to be provided and is approved by the City. Front setbacks adjacent to streets in the Downtown Overlay district shall be similar to the nearest existing adjacent principal structure on the same street. Side setbacks shall reflect the context of the most adjacent similar use. For example, if the average side building separation between the most immediate principal structures is ten (10) feet, the proposed structure shall be positioned upon the lot to provide 10 feet of separation, or a minimum of 5 feet. The rear setback shall in no case be less than three feet.

In no case shall building height exceed 35 feet in the Downtown Overlay District. Revisions to this standard shall only be considered with respect to fire protection capability.

Buildings in the Downtown Overlay District shall be oriented such that the front facade of the building faces Main Street, or another collector street within the Downtown District, in such as [a] way as to be parallel to the street. Courtyards may exist between buildings, and buildings may open up to the courtyard; however, the front facade of the building must face the street as described above.

All landscaping shall not obstruct pedestrian, bicycle or vehicular traffic. If the City Manager determines this to not be feasible, alternative landscaping can be implemented.

For new developments or remodels of existing developments, off-street parking shall be provided according to the parking requirements found in Chapter 5 and 6 of this Code. When the City Manager determines not to be feasible, an in-lieu-of fee may be assessed to provide adequate parking at another location.

Uses Permitted By Right (“P”): indicates that a use is allowed by right. Such uses are subject to all other applicable regulations of this Code.

Conditional Uses (Permitted Subject to Conditional Use Standards) (“C”): indicates that a Conditional Use Permit must be applied for under the provisions of Section 3.07.03. The criteria for determining conditions under this permit are described in Section 4.10. Such uses are subject to all other applicable regulations of this Code.

Uses Not Allowed (“–”): indicates that a use is not allowed.

Uses Not Listed: The City Manager or the Council's designee shall use the descriptions found in Chapter 10 [8.00] to determine how an unlisted use should be treated. The City Manager shall produce an administrative policy for addressing unlisted uses, consistent with all other provisions of this Code, either allowing for administrative decisions by the City Manager or requiring legislative action by the City Council, or a combination of both the above, depending on the circumstance.

Consistency with the Comprehensive Plan.

Conformance with applicable regulations in this Code and standards established by the regulations.

Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk, scale, setbacks and open spaces, landscaping and site development, and access and circulation features.

Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent that such impacts exceed those which reasonably may result from use of the site by a permitted use.

Modifications to the site plan which would result in increased compatibility or would mitigate potentially unfavorable impacts or would be necessary to conform to applicable regulations and standards and to protect the public health, safety, morals and general welfare.

Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use.

Protection of persons and property from erosion, flood or water damage, fire, noise, glare and similar hazards of impacts.

Location, lighting and type of signs; and relation of sills to traffic control and adverse effect on adjacent properties.

Adequacy and convenience of off-street parking and loading facilities.

The proposed use is in accord with the objectives of these regulations and the purposes of the district in which the site is located.

That the proposed use will comply [with] each of the applicable provisions of these regulations.

That the proposed use and site development, together with any modifications applicable thereto, will be completely compatible with existing or permitted uses in the vicinity.

That the conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses and ensure compatibility with existing or permitted uses in the same district and the surrounding area, and that the prescribed Site Development Regulations do not provide enough mitigation of the impacts identified, thus warranting stricter standards, if so recommended.

The Commission has given due consideration to all technical information supplied by the applicant.

That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

requirements for special yards,

open spaces,

buffers,

fences, walls and screening,

landscaping,

erosion control,

street improvements and dedications,

regulation of vehicle ingress and egress and traffic circulation,

regulation of signs, hours and other characteristics of operation,

requirements for maintenance of landscaping and other improvements,

establishment of development schedules or time limits for performance of completion, and

any other conditions the Commission deems necessary to insure compatibility with surrounding uses, preserving public health, safety, and welfare, and to enable the Commission to make its findings.

Meet the minimum lot requirements of at least one type of lot described in this Chapter;

Have direct access to an approved public or private street or street right-of-way, as specified in this Code;

Provide safe parking and fire and police access; and

Meet the minimum dimensional, environmental, parking, landscaping, and water conservation requirements of this Code.

Each Zoning District has a maximum number of dwelling units per acre that can be placed on a tract. In many cases, the total number of units that can be placed on a site, after considering the land area needed to accommodate infrastructure and environmental factors (right-of-way, drainage, floodplains, steep slopes, impervious cover limitations, minimum lot size standards, yard setbacks, and maximum lot coverage) will be less than the amount based simply on the maximum development density.

Each buildable residential lot has a Maximum Lot Cover, expressed as a percentage, which represents the maximum percent of impervious surface area allowed on a lot within each particular Zoning District. It is computed as the total amount of impervious surface on the lot divided by the total lot area. Impervious surfaces on a lot include buildings, driveways, garages, porches, patios, private walks, accessory buildings, and any other impervious surfaces constructed on the lot. Building coverage is measured from the faces of the walls, not the eaves of the roof.

Minimum Lot Area is the minimum amount of square footage allowed within a lot, based on its zoning district classification.

The Minimum Lot Width is the minimum width of a lot (in feet), measured parallel to and along the front property line.

Residential lots on cul-de-sacs and eyebrows may have a reduced minimum lot width at the front property line, as follows:

Side yard setbacks are measured from the side lot line with no vertical obstructions within the setback. Front and rear yard setbacks are measured from the front and rear lot lines, respectively.

The average depth of any lot shall not exceed four times the average width of the lot.

If the accessory building is two hundred (200) square feet or less in area and eight (8) feet or less in height, then it shall be set back a minimum of three (3) feet from the property line.

If the accessory structure is greater than two hundred (200) square feet in area or eight (8) feet in height, then it shall be set back one (1) additional foot from the property line for each one (1) foot in height up to the minimum setback for a primary structure.

Notwithstanding the above, any garage or carport shall be set back a minimum of ten (10) feet from a right-of-way.

Any accessory use may be permitted provided there is association with a primary use that may be permitted in accordance with Section 4 [Chapter 4] of this Code. The establishment of such accessory uses shall be consistent with any or all of the following standards:

Home occupations are permitted provided the occupation meets the following provisions:

The following are prohibited as Home Occupations:

Any use of property existing at the time of the passage of this section of the Code that does not conform with the regulations prescribed in the preceding sections of this Code shall be deemed a nonconforming use, except that any single-family, duplex, or apartment use existing at the time of passage of this Code shall be thereafter deemed a conforming use.

The lawful use of land existing at the time of the passage of this Section of the Code, although such use does not conform to the provisions hereof, may be continued, but if said nonconforming use is discontinued for a period of time in excess of six (6) consecutive months, any future use of said premises shall be in conformance with the provisions of this Code.

The lawful use of the building at the time of the passage of this ordinance may be continued although such does not conform to the provisions hereof, and such use may be extended throughout the building provided no structural alterations except those required by law or ordinance are made therein. If no structural alterations are made, a nonconforming use of the building may be changed to another nonconforming use of the same or more restricted classification; provided, however, that in the event that a nonconforming use of a building is once changed to a nonconforming use of a more restricted classification, it shall not later be reverted to the former lower or less restricted classification (e.g., from C1 to SF2).

The right to maintain the nonconforming use shall be subject to such regulations as to maintenance of the premises and conditions of operation as may, in the judgment of the City Council, be reasonably required for the protection of adjacent property.

A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In cases of partial destruction by fire or other causes, not exceeding fifty (50) percent of its value, the building inspector shall issue a permit for reconstruction. If greater than fifty (50) percent and less than the total, the City Council, may grant a permit for repair after public hearing and having due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and of the conservation and preservation of property.

A violation of this code provision and a request for a nonconforming designation or request for relief under this designation shall not create an estoppel of the trial of any lawsuit which may be filed in any court.

Notwithstanding any other provisions of Chapter 4, any legal nonconforming use of property existing as of the date of adoption of this Code that does not conform with the regulations prescribed in the UDC of the City of Liberty Hill, shall be deemed a nonconforming use, subject to the provisions contained in this section.

The lawful conforming use of land existing at the time of the passage of this ordinance, although such use does not conform to the provisions hereof, may be continued as a conforming use, but if said use is discontinued for a period of time in excess of six (6) months, any future use of said premises shall be in conformity with the provisions of the current regulations relating to the zoning district in which the property is located.

If such conforming use is changed to a use otherwise authorized in said zoning district, then such premises may be used thereafter only for a use authorized in the zoning district where the premises are located.

The use authorized herein as a conforming use may not be changed to another use not authorized by the use regulations in the zoning district where the premises are located.

In reliance upon properly issued permits or approvals the applicant made substantial financial commitments or assumed substantial financial obligations within the purview of the activities authorized by said permit or approvals; and

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

The applicant has sufficiently and legally established any other factor that may demonstrate vested rights under State or Federal law.

The applicant used its property or filed an application as provided in Texas Local Government Code section 43.002 prior to annexation by the City of Liberty Hill, and the regulations against which vested rights are claimed are not subject to an exemption as provided in Texas Local Government Code section 43.002(c).

The applicant filed an application as provided in Texas Local Government Code chapter 245 prior to adoption of the regulations pursuant to which vested rights are claimed, that the regulations which are the basis for the claim of vested rights are not subject to an exemption as provided in Texas Local Government Code section 245.004 and that the project has not become dormant as defined in Texas Local Government Code section 245.005 and this Chapter.

Consent Agreement shall be signed by the City Attorney, the City Manager, and the Applicant and shall include the following terms and conditions:

Failure to comply with Consent Agreement. If the City Council finds, on the basis of substantial competent evidence, that the applicant has failed to comply with the terms of the Consent Agreement, the Consent Agreement may be revoked or modified by the City Council after a public hearing which has been noticed by publication, and for which written notice has been expressly provided to the Applicant.

An application may be made to the City Manager for recognition of vested rights for a particular project by completion of a form provided by the City Manager that indicates which permit or permits are being relied upon by the applicant for establishment of vested rights. The applicant shall provide the City Manager with a completed application together with a permit application review fee required by the City and two (2) copies of any documents applicant is relying upon to establish vested rights.

After receiving an application for recognition of vested rights, the City Manager shall review the application and approve, deny or request additional information to be provided by the applicant for consideration within twenty (20) working days. Should the permit, which is the basis for vested rights recognition, have been issued by a governmental agency other than the City, the City Manager shall request the City Attorney to determine whether the permit establishes rights under Chapter 245 of the Texas Local Government Code. In the event the City Manager does not respond to an application for vested rights within twenty (20) working days, the application will be considered denied. Provided, however, the time period may be extended upon the written request of the applicant. Upon review of the application, if the City Manager finds that the applicant has provided sufficient information to establish that one (1) or more legally sufficient and applicable permit(s) exists on a project, the City Manager shall issue a certificate to the applicant recognizing vested rights for the project which shall be dated and signed by the City Manager. The City Manager shall review all certificates prior to issuance to ensure it clearly indicates the term and conditions (indicated above) required for the continuation of the recognition of the vested rights. In the event the City Manager requests additional information for consideration of an application, the applicant shall be notified in writing within the required time period of specifically what information must be submitted in order to complete the review of the application.

Should the application be denied, the City Manager may enumerate in writing any and all reasons for such denial, which shall be delivered to the applicant within the time period allowed for review.

The City Manager shall create a file of all certificates issued pursuant to this Section of the Code that will be available for the public’s review during regular business hours. At a minimum the file should contain all certificates issued for a three-calendar-year period and should be reviewed annually to remove certificates more than three (3) years old. Certificates more than three (3) years old may be made available in conformance with the Public Information Act.

In the event an applicant for recognition of vested rights is denied recognition of a vested right by the City Manager and is aggrieved by such action or by the application of the above requirements, the applicant may appeal the decision of the City Manager to the City Council by filing a request for appeal with the City Manager within fifteen (15) calendar days from the date the applicant is notified of the adverse decision or action taken. The application for appeal shall be made in writing and shall contain the applicant’s factual and/or legal rationale for the appeal. The City Manager shall place the appeal on the next agenda of the City Council and the City Council shall hold a hearing on the appeal and make its ruling within thirty (30) days from the date the hearing is held by the City Council. The city clerk shall schedule the hearing of the final appeal at the earliest regularly scheduled meeting of the City Council and comply with the requirements of the Texas Open Meetings Act. The decision of the City Council shall be final.

An individual, or business entity, that has applied for a vested rights determination may request a variance from the time limit, required action, or term that would otherwise cause the vested rights to expire. An individual requesting a variance shall make written application to the City Manager and pay the required fee[.] A request for variance shall identify the specific provisions for which a variance is being requested and the reasons that justify granting the variance. The City Manager shall review the application for variance and provide a written recommendation with regard to whether the variance should be granted, conditionally granted or denied to the City Council within thirty (30) days from the date the application for variance is filed. In the event the City Council fails to make a ruling on the variance within sixty (60) days from the date the application for variance is filed, the application for variance shall be deemed denied. Provided, however, the time period may be extended upon the written request of the applicant. In order to grant a variance from the provisions of this section, the City Council must find that:

The City Manager shall schedule the hearing of the appeal at the earliest regularly scheduled meeting of the City Council that will allow compliance with the requirements of the Texas Open Meetings Act. The decision of the city council shall be final.

The types of ordinances enumerated in Local Government Code section 245.004 are exempt from this section and will apply to a project or development regardless of the effective date of the ordinance or the existence of vested rights for the project.

Any ordinance that concerns the development of real property and is adopted after the adoption of this Code, which incorporates this section into the Code, may specifically state whether it is the type of ordinance that is exempted by section 245.004. However, the absence of such a statement shall not be determinative as to whether the ordinance is or is not exempted.

This section shall not be applicable to any ordinance that concerns the development of real property; as adopted prior to the adoption of this chapter and is exempted by section 245.004 from the protection provided by Chapter 245.

Should a question arise as to whether an Ordinance is exempted from Local Government Code Chapter 245 the City Manager shall request an opinion from the City Attorney and the City Attorney shall render a decision.

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.

Nothing herein would prohibit any applicant from the voluntary compliance with any future ordinance, regulation or incentive.

Chapter 245 of the Texas Local Government Code, as adopted in 2001 by the 77th Legislature, Regular session is hereby adopted and incorporated by reference herein. Should Chapter 245 be repealed by the Legislature it shall remain effective as part of this Code for one year from the date of such repeal. During said period City Council shall take action it deems necessary to provide municipal protection for ongoing projects from the adverse impact of unanticipated subsequent regulations.

the permit does not have an expiration date; and

no progress has been made towards completion of the project, as defined in Texas Local Government Code section 245.005.

The fifth anniversary of the effective date of Chapter 245 of the Local Government Code; or

The expiration date established by applying the subsection discussing regulations pertaining to the Permit as established in Chapter 3 “Applications and Permits”; or

The expiration date for a Permit subject to section 4.16 of this Chapter for any eligible Permit as set forth in section 4.16.