(a)

Authority, duties and responsibilities. In addition to any authority granted to the planning and zoning commission by state law or other ordinances of the town, the planning and zoning commission shall have the following powers and duties under the provisions of these regulations:

(1)

To make recommendations to the town council concerning adoption, modification, and implementation of the comprehensive plan and supporting studies.

(2)

To make recommendations to the town council concerning amendments to the zoning ordinance and the creation or modification of zoning districts, as provided in V.T.C.A., Local Government Code ch. 211, as amended or superseded.

(3)

To make recommendations to the town council concerning the rezoning of land, the approval of development plans, and specific use permits.

(4)

To make recommendations to the town council concerning regulations and modifications to the subdivision regulations governing the platting and development of land.

(5)

To approve or disapprove all plats pursuant to the terms of V.T.C.A., Local Government Code ch. 212 and the subdivision ordinance.

(6)

To perform the following functions, mandated under state impact fee enabling legislation, as the town's designated capital improvements program advisory committee. Ad hoc voting member(s) will be added as necessary to meet state requirements when acting as this committee.

a.

To make recommendations to the town council concerning the development and adoption of land use assumptions;

b.

To review and file written comments with the town council on the impact fee capital improvements plans;

c.

To monitor and evaluate implementation of the impact fee capital improvements plans;

d.

To advise the town council of the need to update or revise the land use assumptions, impact fee capital improvements plans, the impact fee ordinance, and fee rates; and

e.

To file a semiannual report evaluating the progress of the town in achieving the impact fee capital improvements plans and identifying any problems in implementing the plans or administering impact fees.

(7)

To make recommendations to the town council concerning amendments to the thoroughfare plan.

(8)

To make recommendations to the town council concerning amendments to the sign ordinance.

(9)

To make recommendations to town council concerning the annexation of land into the corporate limits of the town.

(10)

To hear and decide upon only such variances or modifications of the ordinance requirements relating to the size, shape or nature of a sign as the board is specifically authorized to pass on pursuant to the terms of chapter 86 of the Code of Ordinances.

(11)

To gather information and make recommendations to the town council in cooperation with the park board and similar organizations concerning recreation areas, the development and improvement of parks and boulevards, the extension and opening of streets and other public rights-of-way, and the general town plans and improvements.

(12)

To keep itself informed concerning the progress of town planning in all areas and conduct studies and provide recommendations for the improvement of the town with a view to the present and future movement of traffic, and the convenience, health, recreation, safety, general welfare, and needs of the town dependent on such plans.

(13)

To consider and report to the town council with reference to all facts bearing upon all new public ways, lands, buildings, bridges, extensions, or opening of streets and their relation to the adopted comprehensive plan.

(14)

To act as an advisory board to the town council relating to all nature of public utilities, controlling and regulating traffic upon the public streets of the town, and such other matters relating to civic improvements as the commission may deem beneficial and in the best interests of the town.

(15)

To conduct related business and make other recommendations on matters that may be specifically assigned or required by the town council or director of development services.

(16)

Submit in March of each year a written progress report to the town council summarizing its activities, major accomplishments for the past year, and proposed work program for the coming year. The report shall contain the attendance record of all members and the identity of the commission members and officers for the preceding year.

(17)

All current and alternate members are required to attend a recognized class regarding planning and zoning rules and procedures within 12 months of appointment or the first available class.

(18)

Staff shall provide commission members with periodic workshops regarding the subject of planning, zoning, comprehensive plans, open meetings, or other subjects of benefit to the members and the functioning of the commission.

(b)

Composition of commission and terms of service. The planning and zoning commission shall be composed of seven regular members. Each regular member shall be appointed by the town council, and shall occupy a place on the planning and zoning commission, such places being numbered places one, two, three, four, five, six and seven, respectfully. In addition, two alternate members shall be appointed to places eight and nine, who shall serve in the absence of one or more of the regular members of the commission when requested to do so by the director. Each member and alternate shall be a resident citizen of the town and must forfeit his office should he cease to reside in the town during his term of office. The town council will consider for appointment to the commission only citizens who have demonstrated civic interest, general knowledge of the community, independent judgment, interest in planning and zoning matters, and availability to prepare for and attend meetings. It is the intent of the town council that members and alternates shall, by reason of diversity of their individual occupations, be broadly representative of the community.

(1)

Terms shall be staggered to expire on February 28 of every year, with places one, four, and seven grouped, places two, five, and eight grouped, and places three, six, and nine grouped so that each group's terms expire every third year.

(2)

Members shall serve at the will and pleasure of the town council. The terms of office for members of the commission, whether regular or alternate, shall be three years. Vacancies shall be filled for unexpired terms. Newly appointed members shall be installed at the first regular commission after their appointment.

(3)

No person shall serve as a regular member of the commission for more than three successive terms of office. For purposes of this section, the phrase "terms of office" shall not include any unexpired portion of any three-year term. Alternate members shall have no term limits.

(4)

Members and alternates of the commission shall serve without compensation and may not hold any elective office of the State of Texas or any other political subdivision thereof during their terms.

(c)

Meetings and procedure. The commission shall hold an organizational meeting in March of each year or as soon thereafter as is possible and shall elect a chairman and vice-chairman from among its members before proceeding to any other matters of business. The secretary of the commission will be the development services director or his designee. Meetings of the planning and zoning commission may be held as often as necessary to conduct the business of the commission at the call of the chairman and as such other times the commission may determine. The commission shall adopt its own rules of procedure and keep records of its proceeding consistent with the provisions of this section and the requirements of law.

(1)

Meetings. All meetings and hearings of the commission shall be open to the public in accordance with applicable law and shall be conducted in accordance with the procedures set forth in these regulations and rules of procedure adopted by the commission. Any action calling for a formal vote shall take place only at a public meeting. Executive sessions shall not be open to the public and shall be conducted in accordance with the procedures consistent with the laws of the State of Texas.

(2)

Rules of procedure. The commission shall have the power to adopt its own rules of procedure insofar as same are consistent with the laws of the State of Texas and the ordinances of the Town of Little Elm, and shall keep a written record of all of its proceedings. The development services director shall have the duty of care, custody, and control of all records of the commission.

(3)

Regular and special meetings. The commission shall hold meetings regularly at least twice each month within the corporate limits of the town, and shall designate the time and place of such meetings. The commission may hold special meetings as necessary, with all rules for regular meetings applicable.

(4)

Expenses. Whenever deemed necessary by the commission to incur any expenses in the performance of duties assigned to the commission, an estimate of such proposed expenses shall be submitted to the development services director, who must obtain approval from the town manager. No debts of any kind or character shall be made or incurred by the commission, or anyone acting for the commission, unless and until such expenditures have been specifically authorized in writing by the town manager prior to the time such obligations are incurred.

(5)

Quorum. Four members of the commission shall constitute a quorum for the transaction of business.

(6)

Chairman's duties. The chairman shall preside over meetings. If a question regarding procedures arises, Robert's Rules of Order, Newly Revised, shall apply.

(7)

Vice-chairman's duties. The vice-chairman shall assist the chairman in directing the affairs of the board of adjustment. In the absence of the chairman, the vice-chairman shall assume the duties of the chairman.

(8)

Alternate member rights. An alternate sitting as a regular member has all the rights and privileges as a regular member.

(9)

Motions. A motion may be made by any member other than the presiding officer.

(10)

Voting. Approval of all matters and motions before the commission shall require the affirmative vote of a majority of all members of the commission present and voting, unless otherwise provided by law or the adopted by rules of procedure.

(11)

Minutes. The commission 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 shall keep records of its examinations and other official actions, all of which are public records and shall be immediately filed in the office of the commission.

(12)

Voluntary disqualification for cause. A member shall disqualify himself from voting whenever he finds that he has a personal or monetary interest in the property under review, or that he will be directly affected by the decision of the commission.

(Ord. No. 1407, § 2, 8-15-2017; Ord. No. 1665, § 2, 5-17-2022)

(a)

Authority, duties, and responsibilities.

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the development services director in the enforcement of this chapter, including any appeal from a vested rights determination by the town manager pursuant to the town's vested rights policy, originally adopted by Resolution No. 11210602, and as amended by Resolution No. 03050801, and detailed in section 106.02.07, "vested rights," and any other applicable amendments.

(2)

To hear and decide only such special exceptions as the board of adjustment is specifically authorized to pass on by the terms of this chapter; to decide such questions as are granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny special exceptions when not in harmony with the purpose and intent of this chapter.

(3)

To hear and decide upon only such variances or modifications of the height, yard, area, coverage, and parking regulations as the board is specifically authorized to pass on pursuant to the terms of this chapter.

(4)

To hear and decide upon the existence of any nonconforming use and to enforce the amortization provisions as set forth in this chapter and authorized by V.T.C.A., Local Government Code § 211.019.

(5)

To provide a reasonable interpretation of the provisions of chapter 22, article III, of the Code of Ordinances relating to substandard structures, to mitigate specific provisions of the substandard structure ordinances which create practical difficulties in their enforcement and to hear cases and make determinations relating to substandard structures.

(b)

Composition of the board and terms of service.

(1)

The board shall consist of five regular members who shall be appointed by the town council. Two of the regular members shall be appointed in one year and the remaining three members shall be appointed in the following year, with terms expiring on February 28 of the year the term ends.

(2)

In addition to the five regular members of the board of adjustment, two alternate members of the board, who shall serve in the absence of one or more regular members, shall be appointed by a majority vote of the town council so that all cases heard by the board will always be heard by a minimum of four members. The initial term of office of two of the alternate members shall be one year while the initial term of the other two alternates shall be two years. Thereafter, all of the alternates shall be appointed for two-year terms. In determining which of the two alternate members shall serve in the absence of a member, the alternate members shall be contacted to serve on a rotating basis starting first with the alternate member having the longest tenure. If for any reason more than one member must be absent, more than one (alternate may serve consistent with the provisions of this section.

(3)

Each member or alternate member of the board shall be a resident citizen and qualified voter of the town, at the time of his appointment. A member or alternate member who ceases to reside in the town during his term of office must immediately forfeit his office.

(4)

The term of office for all members shall be two years. All vacancies on the board shall be filled by the town council.

(5)

A regular member may not serve more than two consecutive full terms. This term limitation shall not apply to alternates.

(6)

Members of the board may be removed by the town council in accordance with V.T.C.A., Local Government Code § 211.019.

(7)

Members and alternates shall serve without compensation.

(c)

Meetings and procedures. The board shall adopt procedures and rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter and in accordance with state law.

(1)

Meetings. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be conducted in accordance with the Texas Open Meetings Act.

(2)

Quorum. Each case before the board must be heard by at least four members. The concurring vote of at least four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the director, or to decide in favor of the applicant on any matter upon which the board is required to act under this Code or to grant any variance authorized by this chapter.

(3)

Election of officers. At the first scheduled board meeting in March of each year, or as soon thereafter as practicable, the first item of business shall be the selection of the board of adjustment's chairman and vice-chairman by the regular members of the board. The alternate members of the board are not eligible to serve as the board chairman or vice-chairman or to participate in the selection of such chairman or vice-chairman.

(4)

Chairman's duties. The chairman shall preside over meetings. If a question regarding procedures arises, Robert's Rules of Order, Newly Revised, shall apply.

(5)

Vice-chairman's duties. The vice-chairman shall assist the chairman in directing the affairs of the board of adjustment. In the absence of the chairman, the vice-chairman shall assume the duties of the chairman.

(6)

Minutes. 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 shall keep records of its examinations and other official actions, all of which are public records and shall be immediately filed in the office of the board.

(7)

Voluntary disqualification for cause. A member shall disqualify himself from voting whenever he finds that he has a personal or monetary interest in the property or case under review, or that he will be directly affected by the decision of the board.

(d)

Appeal of director's decision. In exercising its powers, the board may, in conformity with the provisions of the state statutes, as existing or hereafter amended, reverse, or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and make such order, requirement, decision or determination, in the board's opinion, as ought to be made and shall have all the powers of the officer from whom the appeal is taken.

(1)

Appeals to the board concerning interpretation or administration of this chapter that is not related to a specific application, address, or project may be taken by any person aggrieved or by any officer, department, or board of the town affected by any decision of the director. Appeals to the board concerning interpretation or administration of this chapter that is related to a specific application, address, or project may be taken by a person who (i) filed the application that is the subject of the director's decision, (ii) is the owner or representative of the owner of the property that is the subject of the director's decision, or (iii) is aggrieved by the director's decision and is the owner of real property within 200 feet of the property that is the subject of the director's decision. Additionally, any officer, department, board, or bureau of the town may appeal any director's decision concerning interpretation or administration of this chapter. Such appeals shall be taken within a reasonable time, not to exceed 20 days, after the decision has been rendered by the director by filing with the official and the board a notice of appeal specifying the grounds thereof. The director shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(2)

The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney. The board shall decide the appeal at the next meeting for which notice can be provided following the hearing and not later than the 60th day after the date the appeal is filed.

(3)

An appeal stays all proceedings in furtherance of the action appealed from, unless the director from whom the appeal is taken certifies to the board after the notice of appeal is filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board or by a court of record on application, on notice to the director from whom the appeal is taken and on due cause shown.

(e)

Appeals resulting from board action.

(1)

Any persons, jointly or severally, aggrieved by a decision of the board under this section, or any taxpayer or any officer, department, or board of the municipality may present to a court of competent jurisdiction a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board and not thereafter.

(2)

Any owner, lienholder, or mortgagee of record of property, jointly or severally, aggrieved by the final decision of the board issued under this section, may file in district court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the date a copy of the final decision is personally delivered or mailed via first class mail, certified mail return receipt requested, to the owner, lienholder, or mortgagee and not thereafter.

(3)

Any person aggrieved by a decision of the board issued under this section, may file in district court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 20 days after the date the decision is rendered by the board and not thereafter.

(f)

Special exceptions.

(1)

A special exception shall not be granted by the board unless and until:

a.

Written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested;

b.

Notice must be given at least 15 days in advance of the public hearing. The owner of the property for which special exception is sought or his agent shall be notified by mail. Notice of such hearings must be posted on the property for which the special exception is sought, at the town hall, and notice must be provided in one other public place, such as a newspaper, at least 15 days prior to the public hearing;

c.

A public hearing must be held. Any party may appear in person or by agent or attorney;

d.

The board shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

(2)

In granting any special exception, the board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter and the penalties set forth in section 106.01.11, "penalties and enforcement," shall apply. The board shall prescribe a time limit within which the action for which the special exception is required shall begin or be completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception, without necessity of further action by the board.

(g)

Variances.

(1)

To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship and so that the spirit of this chapter is observed and substantial justice is achieved. A variance from the terms of this chapter shall not be granted by the board unless and until a written application for a variance is submitted demonstrating the following:

a.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district or area;

b.

That a literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district or area under the terms of this chapter;

c.

That the special conditions and circumstances do not result from the actions of the applicant; and

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district or area.

(2)

Nonconforming use of neighboring lands, structures, or buildings in the same district, and permitted use of lands, structures, or buildings in other districts shall not be considered grounds for the issuance of a variance.

(3)

Notice of public hearing must be given as set forth in this section;

(4)

A public hearing must be held. Any party may appear in person, or by agent or attorney;

(5)

The board shall make findings that the requirements of this section have been met by the applicant for a variance;

(6)

The board shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure;

(7)

The board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(8)

In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and the penalties set forth in section 106.01.11, "penalties and enforcement," shall apply.

(9)

Under no circumstances shall the board grant a variance to allow a use not permissible under the terms of this chapter in the district involved or any use expressly or by implication prohibited by the terms of this chapter in said district.

(h)

Nonconforming uses.

(1)

The board, on its own motion or at the direction of the town council or an interested property owner, may inquire into the existence of any nonconforming use in the Town of Little Elm, and after public hearing and investigation into the conditions created by the use, fire or health hazards created by the use, and any other danger or nuisance to the public due to or created by any condition or use existing on the property, require the discontinuance or termination of such use. The owner of the use under investigation by the board shall have not less than ten days' written notice prior to the day of the public hearing. The board, after having heard from any affected parties and the public, shall prescribe a reasonable time period for compliance, discontinuance, and termination of the nonconforming use. The board shall, in accordance with the V.T.C.A., Local Government Code § 211.019, utilize the procedures and owner or lessee compensation criteria contained in said section in the event the town determines that a nonconforming use of property shall:

a.

In prescribing said time period, the board shall consider the following factors:

1.

The capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property at the time the use became nonconforming;

2.

Any costs that are directly attributable to the establishment of compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages;

3.

Any return on investment since inception of the use, including net income and depreciation;

4.

The anticipated annual recovery of investment, including net income and depreciation; and

5.

In accordance with V.T.C.A., Local Government Code § 211.019, utilize the procedures and owner or lessee compensation criteria contained in said Section in the event the town determines that a nonconforming use of property shall cease.

b.

If the board establishes an amortization (or compliance) date for a nonconforming use, the use must cease operation on that date and it may not operate thereafter unless it becomes a conforming use. The board shall, pursuant to the requirements of V.T.C.A., Local Government Code § 211.019, determine the payment that is due to the owner or the lessee of the property for damages associated with terminating the nonconforming use.

c.

For purposes of this section, "owner" means the owner of the nonconforming use at the time of the board's determination of an amortization (or compliance) date for the nonconforming use, and "lessee" means an individual or entity that has a valid lease for the nonconforming use at the time of the board's determination of an amortization (or compliance) date for the nonconforming use.

d.

The board shall have the power to subpoena witnesses, documents, and things; administer oaths; punish for contempt; and may require the production of documents and other things, under such regulations as it may establish or deem appropriate.

(Ord. No. 1407, § 2, 8-15-2017; Ord. No. 1527, § 2, 10-15-2019; Ord. No. 1665, § 2, 5-17-2022; Ord. No. 1745, § 2, 1-16-2024)

(a)

Administration and enforcement. The development services director ("director") shall administer and enforce this chapter. He may be provided with the assistance of such other persons as the town manager may direct. If the director shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(b)

Director or designee. The director may designate appropriate staff members to assist and guide decision making for those items that require staff approval.

(c)

Construction and use to be as provided in applications, plans, permits, and certificates of occupancy. Building permits or certificates of occupancy issued on the basis of plans and applications approved by the director authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction or variance with that authorized shall be deemed violation of this chapter, and punishable as provided by section 106.01.11, "penalties and enforcement," hereof.

(Ord. No. 1407, § 2, 8-15-2017)

(a)

Home rule authority to annex. The town may, from time to time, alter its boundaries by annexing or disannexing territory in any size or shape desired in any manner provided by state law, with or without consent of the owners of such territory or the inhabitants thereof. Any additional territory annexed to the town shall be a part of the town for all purposes, and the property situated therein shall bear its pro rata part of the taxes levied by the town as provided by state law. The inhabitants thereof shall be entitled to all rights and privileges of all citizens and shall be bound by the acts, ordinances, and resolutions of the town. Whenever, in the opinion of the town council, there exists within the corporate limits of the town any territory, either inhabited or uninhabited, not suitable or necessary for town purposes, or upon a petition signed by a majority of the qualified voters residing in said inhabited territory, the council may, upon a public hearing and by ordinance duly passed, discontinue said territory as part of the town. The town shall comply with all applicable procedural rules and notice requirements set forth in state law.

(b)

Annexed territory to be zoned AG Agricultural. All territory which hereafter is annexed to the town shall be temporarily zoned AG Agricultural district until otherwise zoned by the town council.

(c)

Concurrent annexation and permanent zoning. In the event the planning and zoning commission holds a hearing on proposed annexation, it may, at its discretion, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters to the town council so that the town council, can if it desires, act on the matter of permanent zoning and annexation at the same time.

(Ord. No. 1407, § 2, 8-15-2017)

No permit for construction of a building or buildings upon any property within the town shall be issued until a building site, building tract or building lot has been created in compliance with one of the following conditions:

(1)

The property is within the boundaries of an approved final plat and is located within the town limits of the Town of Little Elm and has been permanently zoned by the town council.

(2)

The property is outside the town limits of the Town of Little Elm but within its extraterritorial jurisdiction (ETJ) and platted according to the Town of Little Elm Subdivision Regulations, unless stated otherwise in an approved facilities agreement.

(3)

The property is all or part of a conceptual plan adopted as part of the regulations of an approved Planned Development District and the associated plat which shows all utility and drainage easements, necessary streets and other public improvements, has been approved by the planning and zoning commission. The final plat shall be filed subsequent to the construction, dedication, and acceptance of the required easements, alleys, and streets by the town.

(Ord. No. 1407, § 2, 8-15-2017)

(a)

Property within the town limits. The town shall not approve any plat of any subdivision within the town limits of the town until the area covered by the proposed plat shall have been permanently zoned by the town council.

(b)

Plat delay pending annexation. The town shall not approve any plat of any subdivision within any area where a petition or chapter for annexation or a recommendation for annexation to the town is pending before the town council unless and until such annexation shall have been approved by the town council.

(c)

Regulations for property within town limit and ETJ. All plats in the town limits or the town's extraterritorial jurisdiction (ETJ) must comply with the town of Little Elm Subdivision Regulations, unless stated otherwise in an approved facilities agreement.

(Ord. No. 1407, § 2, 8-15-2017)

(a)

Purpose, applicability and effect.

(1)

Purpose. The purpose of a vested rights petition is to determine whether one or more standards of this chapter should not be applied to a development application by operation of state law, or whether certain permits are subject to expiration.

(2)

Applicability. A vested rights petition may be filed for an application, permit, plan or plat, or any development application authorized under this chapter, filed in accordance with the V.T.C.A., Local Government Code ch. 245 or successor statute. A vested rights petition may not be filed with a petition for a text amendment, a zoning map amendment or any other request for a legislative decision by the town council. A vested rights petition also may be filed prior to expiration of certain permits pursuant to subsection (b) below of this section.

(3)

Effect. Upon granting of a vested rights petition in whole or in part, the responsible official (subsection (d) below) shall process the development application and the director of development services shall decide the application in accordance with the standards specified in the relief order based on prior ordinance requirements or development standards, or extend the permit otherwise subject to application pursuant to subsection (b) of this section.

(b)

Expiration for projects began on or after August 15, 2017.

(1)

Two-year permit expiration. Notwithstanding any other provision of this chapter, for any development permit authorized by this chapter for which an expiration date is established and which is submitted for filing on or after August 15, 2017, the expiration date shall be two years following the date of approval of the permit. Exemption: The holder of the permit files a petition before August 15, 2017, for a vested rights determination pursuant to this subsection (b), alleging that progress has been made toward completion of the project for which the application subject to expiration was filed. If a vested rights petition is timely filed, the town manager shall determine the expiration date of the permit in deciding the petition.

(2)

Five-year application/project expiration. Notwithstanding any other provision of this chapter, for any development permit authorized by this chapter which is submitted for filing on or after August 15, 2017, and which has expired under subsection (b)(1) above of this section, all previously approved development applications for the same land also shall expire no later than five years from the date of filing of the first application for the project for which the expired application was filed, if the filing of an application for or approval of the expired permit was required to avoid expiration for the previously approved permit or permits, unless the holder of such permits files a petition before such date for a vested rights determination pursuant to this section 106.02.07, "vested rights" alleging that progress has been made toward completion of the project for which the applications subject to expiration were filed. If a vested rights petition is timely filed, the town manager shall determine the expiration date of the previously approved permits in deciding the petition.

(c)

Petition requirements.

(1)

Who may petition. A vested rights petition may be filed by a property owner or the owner's authorized agent, including the applicant, with any development application or by the holder of a permit subject to expiration pursuant to subsection (b) above of this section.

(2)

Form of petition. The vested rights petition shall allege that the petitioner has a vested right for some or all of the land subject to the development application under V.T.C.A., Local Government Code ch. 245, Issuance of Local Permits or successor statute, or pursuant to V.T.C.A., Local Government Code § 43.002, Continuation of Land Use, or successor statute, that requires the town to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include the following information and documents:

a.

A narrative description of the grounds for the petition;

b.

A copy of each approved or pending development application that is the basis for the contention that the town may not apply current standards to the development application that is the subject of the petition;

c.

The date of submittal of the application for the permit, or of a development plan pursuant to which the permit was subsequently filed, if different from the official filing date;

d.

The date the project for which the application for the permit was submitted was commenced;

e.

Identification of all standards otherwise applicable to the development application from which relief is sought;

f.

Identification of any current standards which petitioner agrees can be applied to the development application at issue;

g.

A narrative description of how the application of current standards affects proposed use of the land, landscaping or tree preservation, open space, or park dedication, lot size, lot dimensions, lot coverage or building size shown on the development application for which the petition is filed;

h.

A copy of any prior vested rights determination involving the same land; and

i.

Where the petitioner alleges that a permit subject to expiration under subsection (b) above of this section should not be terminated, a description of the events constituting progress toward completion of the project for which the permit subject to expiration was approved.

(d)

Timing for filing petition. A vested rights petition must be filed with a development application for which a vested right is claimed, except that the petition may be filed before the date of expiration of any permit when filed pursuant to subsection (b) above. Where more than one application is authorized to be filed by this chapter, the petition may be filed simultaneously for each application.

(e)

Processing of petitions and decision.

(1)

Responsible official. The responsible official for processing the development application in conjunction with a vested rights petition is the director of development services. The director shall promptly forward a copy of the vested rights petition, along with his recommendation, to the town manager and town attorney for their review.

(2)

Decision by town manager. The town manager is the final decision-maker on all vested rights petitions. A request must be accompanied by a waiver of the time for decision-making on the application imposed under this article pending decision by the town manager on the vested rights petition, which shall stay further proceedings on the application. Upon receipt of the request, the director of development services or his designee shall prepare a recommendation and forward the matter to the town manager for decision, who shall decide the petition within 30 calendar days following the petitioner's request.

(3)

Appeals. Appeals to the town manager's decision shall be brought to the board of adjustment. Appeals to the decision made by the board of adjustment may be brought to the district or county court, as stipulated in V.T.C.A., Local Government Code § 211.011.

(f)

Criteria for approval.

(1)

Factors. The town manager shall decide the vested rights petition based upon the following factors:

a.

The nature and extent of prior development applications filed for the land subject to the petition;

b.

Whether any prior vested rights determinations have been made with respect to the property subject to the petition;

c.

Whether any prior approved applications for the property have expired or have been terminated in accordance with law;

d.

Whether current standards adopted after commencement of the project affect proposed use of the land, landscaping or tree preservation, open space, or park dedication, lot size, lot dimensions, lot coverage or building size based upon the proposed development application;

e.

Whether any statutory exception applies to the standards in the current zoning ordinance from which the applicant seeks relief;

f.

Whether any prior approved applications relied upon by the petitioner have expired;

g.

Any other provisions outlined in the V.T.C.A., Local Government Code ch. 245 or successor statute.

(2)

Conditions. If the claim of vested rights under a petition is based upon a pending application subject to standards that have been superseded by current standards under this chapter, the decision-maker may condition any relief granted on the petition on the approval of the application under such prior standards.

(g)

Application for permits following final decision on the vested rights petition. Following the town manager's decision on the vested rights petition, the property owner shall revise the development application or permit to conform to the final decision. The decision-maker on the development application shall consider any application revised under this article in accordance with the procedures for deciding the initial application under this chapter and in conformity with the relief granted on the petition. If the relief granted on the vested rights petition is consistent with the development application on file, no revisions are necessary. If proceedings have been stayed on the development application pending referral of the vested rights petition, proceedings on the application shall resume after the town manager's decision on the vested rights petition.

(h)

Action on petition and order.

(1)

Action on the petition. The town manager's decision on the vested rights petition may take any of the following actions:

a.

Deny the relief requested in the petition, and direct that the development application shall be reviewed and decided under currently applicable standards;

b.

Grant the relief requested in the petition, and direct that the development application shall be reviewed and decided in accordance with the standards contained in identified prior regulations; or

c.

Grant the relief requested in part, and direct that certain identified current standards shall be applied to the development application, while standards contained in identified prior regulations also shall be applied; or

d.

For petitions filed pursuant to subsection (b) above of this section, specify the expiration date or the conditions of expiration for the permit(s).

(2)

Order on the petition. The town manager's report and each decision on the vested rights petition shall be memorialized in an order identifying the following:

a.

The nature of the relief granted, if any;

b.

The approved or filed development applications upon which relief is premised under the petition;

c.

Current standards which shall apply to the development application for which relief is sought;

d.

Prior standards which shall apply to the development application for which relief is sought, including any procedural standards;

e.

The statutory exception or other grounds upon which relief is denied in whole or in part on the petition;

f.

To the extent feasible, subordinate development applications that are subject to the same relief granted on the petition; and

g.

For petitions filed pursuant to subsection (b) of this section, the date of expiration of the permit or permits.

(i)

Expiration and extension.

(1)

Expiration. Relief granted on a vested rights petition shall expire on occurrence of one of the following events:

a.

The petitioner or property owner fails to submit a required revised development application consistent with the relief granted through the vested rights decision within 45 days of the final decision on the petition;

b.

The development application for which relief was granted on the vested rights petition is denied under the criteria made applicable through the relief granted on the petition; or

c.

The development application for which relief was granted on the vested rights petition expires.

(2)

Extension. Extension of the date of expiration for the development application for which relief was granted on a vested rights petition shall result in extension of the relief granted on petition for a like period.

(Ord. No. 1407, § 2, 8-15-2017)

(a)

Purpose. The zoning ordinance official zoning map may be changed from time-to-time due to changes in market forces, development opportunities, or individual requests for development other than what is designated on the official zoning map. This section describes the process by which the official zoning map may be changed.

(b)

Authority. Any person or corporation having a legal or equitable ownership interest in any real property may petition the town council for a change or amendment to the official zoning map or the regulations relating to a specific tract of land located within the town. In addition, the planning and zoning commission may on its own motion or on request from the town council institute a study and proposal for such changes and amendments in the public interest.

(c)

City initiation. The town council may, from time to time, amend or change by ordinance the boundaries of the various zoning districts or the use and development regulations relating to a specific property in accordance with the manner provided by state law.

(d)

Procedure and approval.

(1)

Compliance with comprehensive future land use map (FLUP). Before taking action on any proposed amendment or change, staff shall determine that the proposed amendment is consistent with the goals and vision of the comprehensive plan. If it is not, the staff recommendation shall be for denial unless or until a comprehensive plan change has been effected that would bring the request into compliance with the comprehensive plan.

*PD zoning may be supported in any of the FLUP designations.

(2)

Comprehensive plan and zoning amendment considered concurrently. A future land use plan amendment and a zoning change may be requested together, noticed together, and be considered at the same planning and zoning commission and town council meetings. If processed together there will not be an additional application fee. However, if a future land use plan amendment is requested separate from a zoning request, an application fee is required to be paid. The amount shall be equal to the zoning application fee.

(3)

Notification prior to the planning and zoning commission public hearing. The commission must hold a public hearing on any application for a zoning map amendment or change prior to making its recommendations and report to the town council. The following state mandated regulations must be met before the public hearing may be convened:

a.

Written notice of all public hearings before the commission on a proposed amendment or change to the official zoning map, including an amendment or change to the use and development regulations governing a specific tract of land, must be sent to all owners of real property located within 200 feet of the property on which the change is requested. Notice must be given a minimum of ten days prior to the date set for the public hearing by mailing such notice properly addressed and postage-paid to each taxpayer as the ownership appears on the last approved town tax roll. A certificate of mailing shall be obtained from the postal service and copy of same shall be retained in the case records.

b.

In addition to the foregoing notice, the town shall provide written notice of each public hearing regarding any proposed adoption of or change to a zoning regulation or boundary under which a current conforming use of a property is a nonconforming use if the regulation or boundary is adopted or changed. The notice shall:

(i)

be mailed by United States mail to each owner of real or business personal property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll and each occupant of the property not later than the tenth day before the hearing date;

(ii)

contain the time and place of the hearing; and

(iii)

include the following text in bold 14-point type or larger: "THE TOWN OF LITTLE ELM IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."

c.

Notice of such hearing by the planning and zoning commission must be given by publication in the official newspaper of the Town of Little Elm stating the time and place of such public hearing a minimum of ten days prior to the hearing.

d.

Public notification signs must be posted, per subsection (e), below, a minimum of ten days prior to the hearing and remain in place until the public hearing by the commission and must remain in place until the hearing before the town council.

e.

Notice of the public hearing must be posted at town hall a minimum of 72 hours prior to the commission hearing.

(4)

Commission recommendation. The town council shall not take action on a proposed zoning amendment without a recommendation from the planning and zoning commission.

(5)

Town council notification and approval. A public hearing must be held by the town council before adopting any proposed zoning map amendment or development regulation change relating to a specific tract of land. The following state mandated regulations must be met before the public hearing may be convened:

a.

Notice of the town council public hearing must be given by publication in the official newspaper of the Town of Little Elm stating the time and place of such public hearing a minimum of 15 days prior to the hearing.

b.

Public notification signs posted, per subsection (e), below, must remain in place until the public hearing by town council.

c.

Notice of the town council public hearing must be posted at town hall a minimum of 72 hours prior to the hearing.

(6)

If a written protest against such change is submitted in accordance with section 106.02.13, "zoning amendment protest procedure," by the owners of 20 percent or more of either (i) the area of the lots or land covered by the proposed change or (ii) the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area, such map amendment shall not become effective except by the favorable vote of three-fourths of all the members of the town council.

(7)

In computing the percentage of land area under subsection (6), above, the area of streets and alleys shall be included.

(e)

Public notification signage.

(1)

Any person, firm or corporation requesting a change in zoning from one zoning classification to another zoning classification on a specific site or other amendments to the use and development regulations governing such property shall erect and maintain a notification sign, provided by the town upon said property. Such sign shall be:

a.

Sized a standard four-foot by four-foot;

b.

Located within 15 feet of the closest, adjacent, most heavily traveled thoroughfare;

c.

Located perpendicular to the street so as to be clearly visible and both sides of the sign are clearly readable from the thoroughfare and not obstructed in any manner;

d.

Located so as not to create a hazard to traffic on, entering or leaving public rights-of-way abutting the property; and

e.

Erected on the subject property at least ten days prior to the public hearing of such request by the planning and zoning commission, and to remain continuously on said property until final action by the town council or withdrawal of the request by the applicant. Removal of the required public notification sign by the applicant prior to final action of the town council shall constitute a withdrawal of the request. Photographic proof (with time stamp) must be provided to staff to ensure that the notification signs have been placed on the property within the required timeframe.

(2)

It shall be unlawful for anyone to remove, destroy, deface, or obstruct the view of a required sign which gives notice that a zoning hearing has been requested, however, it shall be an affirmative defense to prosecution of the underlying zoning request has been finally approved or denied by the town council or if such request has been withdrawn by the applicant.

(3)

In the event the applicant should fail to erect or maintain any required signs in accordance with any appropriate standard in this section, then the public hearing before the planning and zoning commission and/or town council must be postponed to a date in the future that allows adequate time for compliance.

(4)

The sign shall be two-sided and state that a zoning change is requested and shall list a phone number of an appropriate town department that may be contacted for information regarding this request.

(5)

There shall be a cost attributed to the receiving of each sign by the applicant and such cost shall be listed in the schedule of fees.

(6)

Failure to comply with the posting of the signs required by this section 106.02.11(e), "map amendments to the zoning ordinance, public notification signage" or to otherwise strictly comply with the manner in which such signs are posted, shall not invalidate any public hearing or action taken by either the commission or the town council relating to a request to amend the zoning regulations relating to the property.

(Ord. No. 1407, § 2, 8-15-2017; Ord. No. 1587, § 2, 1-5-2021; Ord. No. 1745, § 2, 1-16-2024)

(a)

Purpose. The text of the zoning ordinance may be changed from time-to-time due to changes in market forces, new materials, or new best practices for issues relating to zoning. This section describes the process by which the zoning ordinance text may be changed.

(b)

Authority. Any person or corporation having a legal or equitable ownership interest in any real property located in the town may petition the town council for a text amendment to the provisions of this zoning ordinance, or the planning and zoning commission may, on its own motion or on request from the town council, institute a study and proposal for changes or amendments that are in the public interest.

(c)

Procedure and approval.

(1)

Planning and zoning commission public hearing. The commission shall hold a public hearing on any application for any text amendment or change prior to making its recommendations and report to the town council. The public noticing shall follow the same procedure detailed in section 106.02.11(d)(3), "notification prior to the planning and zoning commission public hearing," although no public notification signs need to be posted.

(2)

Planning and zoning commission recommendation. The town council shall not take action on a proposed zoning amendment without a recommendation from the planning and zoning commission.

(3)

Town council public hearing. A public hearing shall be held by the town council shall follow the same procedure detailed in section 106.02.11(d)(5), "town council notification and approval" before adopting any proposed text amendment.

(4)

Town council approval. The town council may, from time to time, amend, supplement, or change by ordinance this zoning ordinance as provided by state law.

(5)

Scrivener error. A minor correction to the wording or spelling of the zoning ordinance text that does not in any way change the meaning of the ordinance may be brought to the town council without a public hearing or notification.

(Ord. No. 1407, § 2, 8-15-2017)

(a)

Purpose.

(1)

State law expressly enables the governing body of a municipality to establish procedures for adopting and enforcing zoning regulations and district boundaries. Pursuant to that authority, the town council enacts this section 106.02.13(b), "zoning amendment protest procedure, form of protest" governing the receipt of written protests submitted for the purpose of requiring the favorable vote of three-fourths of all members of the town council to effect a change in a zoning district classification or boundary.

(2)

This section 106.02.13(b), "zoning amendment protest procedure, form of protest" is not intended to conflict with state law; it is being enacted at a time when the state law does not explicitly provide how, when, or where a written protest must be filed. The town council expressly recognizes that this section 106.02.13(b) may be partially or completely preempted at any such time that state law is amended to explicitly provide how, when, or where a written protest must be filed.

(3)

This section 106.02.13(b), "zoning amendment protest procedure, form of protest" is intended to accomplish the following listed objectives that, in the opinion of the town council, are fully in keeping with the purposes, spirit, and intent of the state law:

a.

To allow town staff sufficient time to accurately calculate the land area percentages that determines the voting requirement;

b.

To protect the rights of all parties by establishing minimum criteria to ensure the reliability of written protests received;

c.

To protect the rights of those protesting by establishing procedures and deadlines which are not unduly burdensome or restrictive; and

d.

To promote order and maintain the integrity of the zoning process.

(b)

Form of protest.

(1)

A protest must be in writing submitted on a form prepared by the town secretary and, at a minimum, contain the following information:

a.

A description of the zoning case at issue;

b.

The printed or typewritten names of all persons signing the protest of the proposed change in zoning district classification or boundary;

c.

A description of the area of lots or land owned by the protesting parties that is either covered by the proposed change or located within 200 feet of the area covered by the proposed change;

d.

The mailing addresses of all persons signing the protest;

e.

The date and time the protest is signed; and

f.

If signing the protest on behalf of the owner of property pursuant to a power of attorney, so indicate on the protest and submit a copy of the power of attorney with the protest.

(2)

The protest must bear the original signatures of all persons required to sign under section 106.02.13(c), "zoning amendment protest procedure, appropriate signers" below.

(3)

Simply returning the written notice provided to a property owner pursuant to section 106.02.11(d)(3), Notification prior to the planning and zoning commission public hearing" shall not constitute a written protest pursuant to this section 106.02.13(b), "form of protest."

(c)

Appropriate signers.

(1)

A protest must be signed by the owner of the property in question, or by a person authorized by power of attorney to sign the protest on behalf of the owner. If the property is owned by two or more people, the protest must be signed by a majority of the owners, or by a person authorized by power of attorney to sign the protest on behalf of a majority of the owners, except that in the case of community property, the town shall presume the written protest of one spouse to be the protest of both.

(2)

In the case of property owned by a corporation, the protest must be signed by the president, a vice-president, or by an attorney in fact authorized to sign the protest on behalf of the corporation. In the case of property owned by a general or limited partnership, the protest must be signed by a general partner or by an attorney in fact authorized to sign the protest on behalf of the partnership. In the case of property owned by a trust, the protest must be signed by the trustee(s) authorized under the trust agreement to perform actions with respect to the property.

(3)

Lots or land subject to condominium ownership are presumed to be commonly owned in undivided interests by the owners of all condominium units and under the control of the governing body of the condominium. For such lots or land to be included in calculating the lots or land area protesting a proposed rezoning, the written protest must state that the governing body of the condominium has authorized a protest in accordance with procedures required by its bylaws, and that the person signing the protest is authorized to act on behalf of the governing body of the condominium. A written protest signed by the owner of an individual condominium unit shall not be accepted unless the filing party produces legal documents governing the condominium which clearly establish the right of an individual owner to act with respect to his or her respective undivided interest in the common elements of the condominium.

(4)

For purposes of this subsection, the "owner" of the property for which a protest is being submitted shall be determined to be the owner of the property shown in the records of the Denton Central Appraisal District as of the date of delivery of the protest to the town secretary. A person with only a leasehold or easement interest in property is not an "owner" for purposes of filing a protest pursuant to this subsection.

(5)

A person who is not named on the records of the Denton Central Appraisal District as the owner of the property may submit additional information to the town attorney indicating that the person is the current record owner of the property identified in the protest. The determination of the town attorney as to the sufficiency of such information and whether or not the person should be considered the record owner of the property for purpose of filing the protest is final. Any additional information submitted pursuant to this paragraph (c) must be submitted by the deadline required for submission of the protest.

(d)

Filing deadline.

(1)

A written protest must be filed with the town secretary before noon of the business day immediately preceding the date advertised for the planning and zoning commission or town council public hearing in the statutory notice published in the official newspaper of the town. A protest sent through the mail must be received by the town secretary before the deadline.

(2)

Before the public hearing on the case, the filing deadline is automatically extended whenever the public hearing is re-advertised in the official newspaper of the town pursuant to statutory notice requirements.

(3)

After the public hearing has begun, and

a.

The public hearing is concluded with no action being taken on the zoning amendment at the same meeting and a subsequent public hearing and advertising that public hearing in the official newspaper of the town pursuant to statutory notice requirements; or

b.

The public hearing is continued to a date certain as otherwise allowed under the Texas Open Meetings Act;

c.

The filing deadline may be extended to noon of the working day immediately preceding the newly advertised public hearing date or the date to which the public hearing is continued, as the case may be.

(4)

Written protests may be filed electronically by emailing the written protest as an attachment in .pdf or similar format to the town secretary or by sending via facsimile transmission to the published facsimile telephone number for the office of the town secretary.

(5)

For purposes of determining compliance with the filing deadline, the date and time the town secretary's office actually receives the written protest is solely determinative.

(e)

Withdrawals of filed protests. Withdrawals of protests filed must be in writing and filed with the town secretary before the filing deadline for protests. The provisions of this subsection governing the form and filing of protests apply equally to withdrawals.

(f)

Presumptions of validity.

(1)

In all cases where a protest has been properly signed pursuant to this subsection, the town shall presume that the signatures appearing on the protest are authentic and that the persons or officers whose signatures appear on the protest are either owners of the property or authorized to sign on behalf of one or more owners as represented.

(2)

In cases of multiple ownership, the town shall presume that a properly signed protest which on its face purports to represent a majority of the property owners does in fact represent a majority of the property owners.

(3)

The presumptions in subparagraphs (1) and (2) above are rebuttable, and the town attorney may advise the town council that a presumption should not be followed in a specific case based on extrinsic evidence presented.

(g)

Conflicting instruments. In the event that multiple protests and withdrawals are filed on behalf of the same owner, the instrument with the latest date and time execution controls.

(Ord. No. 1407, § 2, 8-15-2017)

(a)

Purpose. The purpose of a preliminary site plan is to promote safe, efficient and harmonious use of land through application of town-adopted design standards and guidelines; protect and enhance the town's environmental and aesthetic quality; ensure adequate public facilities to serve development; prevent or mitigate adverse development impacts; aid the evaluation and coordination of land subdivision; and promote the public health, safety, and welfare.

(b)

Applicability. A preliminary site plan shall be required for preliminary review and administrative approval and for all planned development districts.

(c)

Preliminary site plan format and submission requirements. The preliminary site plan submission shall be comprised of the items set forth in the preliminary site plan checklist, available online, and any additional information/materials, such as plans, maps, or exhibits as deemed necessary by the director in order to ensure that the planned development request is understood and regulations have been met.

(d)

Official submission date and completeness of application. When a preliminary site plan is required to be submitted as a zoning exhibit, the following applies:

(1)

A preliminary site plan is considered filed on the date the applicant delivers the preliminary site plan to the town.

(2)

The town shall consider the approval, disapproval, or conditional approval of a preliminary site plan application solely on the basis of any regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect at the time.

(3)

A preliminary site plan application expires two years after the date the preliminary site plan application is received if no further action has been taken.

(e)

Principles and standards for preliminary site plan review and evaluation. The following criteria have been set forth as a guide for evaluating the adequacy of proposed development within the town, and to ensure that all developments are, to the best extent possible, constructed according to the town's codes and ordinances:

(1)

The plan is in compliance with all provisions of the zoning ordinance, the comprehensive plan, the thoroughfare plan, and other applicable ordinances of the Town of Little Elm.

(2)

The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

(3)

The relationship of the development to adjacent uses in terms of harmonious design, facade treatment, setbacks, building materials, maintenance of property values, and any possible negative impacts.

(4)

The provision of a safe and efficient vehicular and pedestrian circulation system.

(5)

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

(6)

The sufficient width, suitable grade, and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

(7)

The coordination of streets so as to arrange a convenient system consistent with the thoroughfare plan of the Town of Little Elm.

(8)

The use of landscaping and screening to provide adequate buffers to shield light, noise, movement, or activities from adjacent properties when necessary, and to complement and integrate the design and location of buildings into the overall site design.

(9)

Sufficient exterior lighting is provided to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection upon adjacent properties.

(10)

The location, size, accessibility, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

(11)

and conservation of soils from erosion by wind or water or from excavation or grading.

(12)

Protection and conservation of watercourses and areas subject to flooding.

(13)

The adequacy of water, drainage, sewerage facilities, solid waste disposal, and other utilities necessary for essential services to residents and occupants.

(Ord. No. 1407, § 2, 8-15-2017; Ord. No. 1582, § 2, 12-1-2020)

(a)

Purpose. The purpose of a site plan is to promote safe, efficient and harmonious use of land through application of town-adopted design standards and guidelines; protect and enhance the town's environmental and aesthetic quality; ensure adequate public facilities to serve development; prevent or mitigate adverse development impacts; aid the evaluation and coordination of land subdivision; and promote the public health, safety, and welfare.

(b)

Applicability. Site plan review is required for nonresidential development, multifamily development having four or more dwelling units, mobile home parks, parking lot reconstruction and reconfiguration, non-public agricultural buildings, and residential accessory structures (see section 106.05.021 for size requirements), and as otherwise required by the director. Site plan approval is required prior to issuance of a building permit in order to ensure compliance with all provisions of the zoning ordinance, the comprehensive plan, the thoroughfare plan, and other applicable ordinances of the Town of Little Elm.

(c)

Site plan format and submission requirements. The site plan submission shall be comprised of the items set forth in the site plan checklist, available online, and any additional information/materials, such as plans, maps, or exhibits as deemed necessary by the director in order to ensure that the request is understood and regulations have been met.

(d)

Official submittal date and completeness of application. A site plan is considered filed on the date the applicant delivers the application and exhibits to the town, either in person or by electronic transfer.

(e)

Approval. Site plans are administratively approved by the director. Any significant substitution or material alteration to an approved site plan may require town council review and approval, as determined by the director.

(1)

Site plan approval is revocable if it is determined that the conditions of the approval have not been met or if the plan contains or is based upon incorrect, fraudulent, or misrepresented information.

(2)

Site plans expire 24 months after approval if an associated building permit application has not been submitted, reviewed, and approved.

(3)

Staff shall consider the approval, disapproval, or conditional approval of a site plan application solely on the basis of any regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect at the time.

(f)

Expedited approval. Should an applicant desire expedited review, a fee shall be charged in addition to the usual site plan fee. This fee ensures that staff will review and return comments within three business days from receipt of the application or revisions. The expedited process does not ensure approval.

(Ord. No. 1407, § 2, 8-15-2017)

(a)

Purpose of a conditional use permit. The purpose of a conditional use permit is to allow certain land uses so long as the applicant/use meets specific stated requirements.

(b)

Applicability. Land uses subject to specific conditions for approval are marked in the Schedule of Uses with a "C." Explanatory notes are set forth in section 106.05.02, "special regulations for specific permanent land uses" and section 106.05.03, "special regulations for specific temporary land uses."

(c)

Criteria for approval. Approvals shall be granted once the applicant has shown that the criteria for approval has been met.

(d)

Approval. Conditional use permits are administratively approved by the director.

(e)

Expedited approval. Should an applicant desire expedited review, a fee shall be charged in addition to the usual conditional use permit fee. This fee ensures that staff will review and return comments within three business days from receipt of the application or revisions. The expedited process does not ensure approval.

(Ord. No. 1407, § 2, 8-15-2017)

(a)

Purpose. A specific use permit (SUP) is a permanent zoning change and as such, the town council has considerable discretion on approving, denying, or modifying such a request. The purpose of an SUP is to add or modify specific land use rights to those already granted within a zoning district. Approvals shall consider the intensity of the proposed use within the context of the proposed location for compatibility, traffic generated, noise, and other issues determined by the director to be pertinent to the case. Since zoning "runs with the land" and not the proposed use, thoughtful consideration should be exercised in approving an SUP since it will remain as part of the official zoning map even should the use for which the SUP was sought has ceased operation.

(b)

Applicability. Land uses subject to approval of a special use permit are marked in the Schedule of Uses with a "S." Explanatory notes are set forth in section 106.05.02, "special regulations for specific permanent land uses."

(c)

Procedure and approval.

(1)

Planning and zoning commission public hearing. The commission must hold a public hearing on any SUP application prior to making its recommendations and report to the town council. The public noticing must follow the same procedure detailed in section 106.02.11(d)(3), "map amendment to the zoning ordinance, procedure and approval."

(2)

Commission recommendation. The town council shall not take action on a proposed specific use permit request without a recommendation from the planning and zoning commission.

(3)

Town council public hearing. A public hearing must be held by the town council shall follow the same procedure detailed in section 106.02.11(d)(5), "map amendment to the zoning ordinance, procedure and approval" before approving any SUP.

(4)

Town council approval. The town council is authorized to approve, deny or modify specific use permit requests.

(5)

Town council discretion. The town council may impose such additional development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from noise, vibration, dust, dirt, smoke, fumes, odor, gas, explosion, glare, offensive view, or other undesirable or hazardous conditions.

(d)

Zoning map. All specific use permits approved in accordance with the provisions of this chapter in its original form or as hereafter amended shall be referenced on the official zoning map.

(e)

Termination of specific use permits.

(1)

If new construction is required to comply with a specific use permit or to be able to use property for the use for which a specific use permit is granted, a building permit for the property described in the specific use permit must be obtained from the town not later than six months after the effective date of the ordinance granting the specific use permit provided; however, the director may authorize one or more extensions of such deadline for a period totaling not more than one additional year after the original deadline. A specific use permit and the ordinance granting same shall terminate and be of no further effect if:

a.

A required building permit has not been issued within the timeframe required by this section, or

b.

A building permit has been issued but has subsequently expired.

(2)

If no new construction is required to comply with a specific use permit or to make the property usable for the use for which a specific use permit is granted, the specific use permit and the ordinance granting same shall expire and be of no further effect if a certificate of occupancy is not obtained and use of the property for which the specific use permit granted has not commenced within six months after the effective date of the ordinance granting the specific use permit unless such ordinance grants a longer period of time to commence such use.

(3)

If for a period of 180 days a building or property subject to a specific use permit is vacated, or if a building or property, though still occupied, is not being used for the purpose for which the specific use permit was granted, the SUP shall terminate and the use of the building or property described in the specific use permit shall thereafter conform to the regulations of the original zoning district of such property unless a new and separate specific use permit is granted for continuation of the use for which the original specific use permit was granted.

(4)

Should a specific use permit be terminated, the official zoning map shall be amended by staff to reflect this change without the necessity of a public hearing.

(Ord. No. 1407, § 2, 8-15-2017)

(a)

Building permits.

(1)

Applicability. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefore issued by the town's building official authorized to issue the same. No building permit shall be issued except in conformity with the provisions of this chapter and all applicable building codes of the town.

(2)

Town and extraterritorial jurisdiction. Building permits are required within the town limits and on all property within the town's extraterritorial jurisdiction (ETJ) that was platted through the town.

(3)

Site plan required. No building permit shall be issued for the construction of a building or buildings upon any tract or plot unless the tract is a lot of record and the structure has been reviewed and approved through the site plan process, unless otherwise declared eligible by the director or the town's building official.

(4)

Approval. Building permits are approved by the town's building official following review and approval of applicable department staff.

(5)

Expedited approval. Should an applicant desire expedited review, a fee shall be charged in addition to the building permit fee. This fee ensures that staff will review and return comments within three business days from receipt of the application or revisions. The expedited process does not ensure approval.

(b)

Certificate of occupancy.

(1)

Applicability. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefore by the director stating that the proposed use of the building or land conforms to the requirements of this chapter.

(2)

Nonconforming structures. No nonconforming structure or use shall be maintained, renewed, changed or extended until a certificate of occupancy shall have been issued by the building official.

(3)

Conformance with zoning ordinance. No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of occupancy and the certificate shall be issued in conformity with the provisions of this chapter upon completion of the work.

(4)

Retention and public access. The director shall maintain a record of all certificates of occupancy, and copies shall be furnished upon request to any person.

(5)

Penalty for operating without a certificate of occupancy. Failure to obtain a certificate of occupancy shall be a violation of this chapter and punishable under section 106.01.11, "penalties and enforcement."

(6)

Approval. Certificates of occupancy and temporary certificates of occupancy are approved by the town's building official following review and approval of applicable department staff.

(7)

Temporary approval. A temporary certificate of occupancy may be issued by the director for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.

(8)

Expedited approval. Should an applicant desire expedited review, a fee shall be charged in addition to the usual certificate of occupancy fee. This fee ensures that staff will review and return comments within three business days from receipt of the application or revisions. The expedited process does not ensure approval.

(Ord. No. 1407, § 2, 8-15-2017)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the director. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.