The city shall charge fees associated with planning and zoning applications for zoning, platting and other miscellaneous fees in accordance with the fee schedule adopted by the city council and as amended from time to time as necessary.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Annexation may be voluntary or involuntary and shall be required to meet all requirements of the V.T.C.A., Local Government Code, for each type of annexation. The provisions of this section apply to any request for voluntary annexation by a property owner wishing to extend the corporate limits of the city to incorporate property adjacent to the city's existing municipal boundaries.

(b)

Application requirements.

(1)

Application required. A request for annexation shall be accompanied by an application prepared in accordance with the city's development manual.

(2)

Accompanying applications. Any request for annexation shall be accompanied by an application to establish the initial zoning on the property. An application to establish the zoning may be considered at the same meeting as the annexation request so long as the ordinance providing for annexation is acted on prior to any action on the zoning request.

(c)

Processing of application and decision.

(1)

Submittal. An application for voluntary annexation shall be submitted to the city manager or his/her designee. The city manager or his/her designee shall review the application for completeness. The city manager or his/her designee may, at its option, request a recommendation from any other city department or consultant. The city manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the city manager or his/her designee shall forward a written recommendation to the city council for consideration.

(2)

Written agreement regarding services. The city manager or his/her designee shall prepare an annexation service plan in accordance with V.T.C.A., Local Government Code, ch. 43 subchapter C-3. The agreement must include:

a.

A list of each service the city will provide on the effective date of the annexation; and

b.

A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation.

c.

The service plan shall be executed prior to adoption of an ordinance annexing the subject area.

(3)

Acceptance of annexation petition. The city manager or his/her designee shall prepare a resolution to present to city council accepting the petition for voluntary annexation. The city council my approve or deny the resolution.

(4)

Notification requirements. An application for voluntary annexation requires public hearing notice in accordance with V.T.C.A., Local Government Code, ch. 43 subchapter C-3 and shall include the following:

a.

Website notice published to the city's website at least 11 days prior to the public hearing but not more than 20 days prior to the public hearing.

b.

Published notice in a newspaper of general circulation at least 11 days prior to the public hearing but not more than 20 days prior to the public hearing.

c.

Public hearing notice shall include the date, time, place, and topic of the public hearing.

(5)

Decision by city council. The city council shall hold a public hearing and may approve or deny the request for voluntary annexation in accordance with V.T.C.A., Local Government Code, ch. 43 subchapter C-3.

(6)

Other procedures applicable. A request for annexation is subject to all applicable rules and procedures required by state law. In the event of a conflict between the requirements of this chapter and state law, the requirements of state law shall apply.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Applicability. The comprehensive land plan of the city reflects the long-term plan for growth and development of the city. The city council may, from time to time, on its own motion, by request of the city manager or his/her designee or by application from a property owner, amend, supplement, change, modify or repeal the text of the comprehensive land plan or may amend the boundaries shown on the future land use map, master thoroughfare plan or any other applicable maps contained in the comprehensive land plan. Approved amendments to the comprehensive land plan authorize a property owner to submit subsequent development applications consistent with the amendment.

(b)

Application requirements.

(1)

Application required. Any request for an amendment to the comprehensive land plan shall be accompanied by an application prepared in accordance with the city's development manual.

(2)

Accompanying applications. Any request for amendment of the future land use map submitted by a property owner may be accompanied by an application for a zoning change consistent with requested future land use map amendment for land within the city limits, or by a subdivision master plan, for land within the ETJ. Approval of an amendment to the comprehensive land plan shall require all subsequent development applications to be consistent with the approved amendments.

(c)

Processing of application and decision.

(1)

Submittal. An application for an amendment to the comprehensive land plan shall be submitted to the city manager or his/her designee. The city manager or his/her designee shall review the application for completeness. The city manager or his/her designee may, at its option, request a recommendation from any other city department or consultant. The city manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the city manager or his/her designee shall forward a written

recommendation to the planning and zoning commission and city council for consideration.

(2)

Notification requirements. An application for an amendment to the comprehensive land plan requires the following public hearing notification:

a.

Written notice mailed to each owner of real property within 200 feet, as indicated by the most recently approved municipal tax roll, at least 11 days prior to the public hearing and consideration by the planning and zoning commission.

b.

Published notice in a newspaper of general circulation at least 16 days prior to the public hearing and consideration by the city council.

c.

Public hearing notices shall be in accordance with V.T.C.A., Local Government Code, ch. 211 and include the date, time, place, and topic of the public hearing.

(3)

Recommendation by planning and zoning commission.

a.

The planning and zoning commission shall hold a public hearing in accordance with the Texas Open Meetings Act and make a recommendation regarding the proposed PUD request to the city council.

b.

The planning and zoning commission may vote to recommend to city council approval, approval with conditions, or denial of the request.

(4)

Decision by city council.

a.

The city council shall receive the written recommendation of the planning and zoning commission and shall hold a public hearing.

b.

The city council may vote to approve, approve with conditions, or deny the request. The city council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than 90 calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision.

(d)

Criteria for approval. The planning and zoning commission, in making its recommendation, and the city council, in considering final action on an amendment to the comprehensive land plan, should consider the following criteria:

(1)

The proposed amendment promotes the health, safety, or general welfare of the city and the safe, orderly, efficient and healthful development of the city;

(2)

An amendment to the text is consistent with other policies of the comprehensive land plan, taking into account the nature of any proposed map amendment associated with the text amendment;

(3)

An amendment to the future land use map, master thoroughfare plan or any other applicable maps contained in the comprehensive land plan is consistent with the policies of the comprehensive land plan that apply to the map being amended, taking into account the nature of any proposed land use associated with the map amendment;

(4)

Any proposed amendment is consistent with the goals and objectives of the comprehensive land plan;

(5)

Any proposed amendment addresses circumstances that have changed since the last time the plan map or text was considered, implements plan policies better than the current plan map or text corrects a mapping error or addresses a deficiency in the plan; and

(6)

Other criteria which, at the discretion of the planning and zoning commission and city council, are deemed relevant and important in the consideration of the amendment.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Statement of intent.

(1)

For the purpose of establishing and maintaining sound, stable, and desirable development within the territorial limits of the city, this chapter shall not be amended except to correct an error in the ordinance, or because of changed or changing conditions in particular areas or in the city generally, change the regulations and restrictions herein, all in accordance with the comprehensive plan.

(b)

Authority.

(1)

The city council in accordance with applicable state law may from time to time amend, supplement, change, modify or repeal the regulation standards and boundaries herein established. In addition, a comprehensive review of the zoning ordinance text and map shall be made by the planning and zoning commission for the purpose of keeping the city current with development patterns and innovative methods in zoning and examining existing land uses and changes in land uses made by developers and builders within the city in order to ascertain those areas, where the patterns of development are changing. The planning and zoning commission, at least every three years shall file a report and recommendation thereon with the mayor and city council. The three-year time period shall commence upon the date of the adoption of this chapter.

(c)

Applicability.

(1)

The following persons may initiate a zoning text amendment:

a.

City council on its own motion;

b.

The planning and zoning commission;

c.

The city manager or his/her designee.

(d)

Processing and decision.

(1)

Notification requirements. A zoning text amendment requires the following public hearing notification:

a.

Published notice in a newspaper of general circulation at least 16 days prior to the public hearing and consideration by the city council.

b.

Public hearing notices shall be in accordance with V.T.C.A., Local Government Code, ch. 211 and include the date, time, place, and topic of the public hearing.

(2)

Recommendation by planning and zoning commission.

a.

The planning and zoning commission shall hold a public hearing in accordance with the Texas Open Meetings Act and make a recommendation regarding the proposed amendment to the city council. A joint public hearing may be held with the city council per the provisions of this article.

b.

The planning and zoning commission may vote to recommend to city council approval, approval with conditions, or denial of the amendment.

(3)

Decision by city council.

a.

The city council shall receive the written recommendation of the planning and zoning commission and shall hold a public hearing. A joint public hearing may be held with the planning and zoning commission per the provisions of this article.

b.

The city council may vote to approve, approve with conditions, or deny the amendment. The city council may, on its own motion, postpone consideration of the amendment to a certain date in the future in order to review additional information or modifications which may have a direct bearing on the final decision.

c.

A majority vote of city council, present and qualified, is required to approve a zoning text amendment.

(e)

Criteria for approval. The planning and zoning commission in making a recommendation and the city council in considering final action on a zoning text amendment should consider the following criteria:

(1)

The proposed amendment promotes the health, safety, or general welfare of the city and the safe, orderly, efficient and healthful development of the city;

(2)

The amendment to the text is consistent with comprehensive land plan;

(3)

The amendment is consistent with the goals and objectives of this chapter and the city; and

(4)

Other criteria which, at the discretion of the planning and zoning commission and the city council, are deemed relevant and important in the consideration of the amendment.

(Ord. No. 1641, § l(Exh. A), 8-9-22; Ord. No. 1681, § 1(Exh. A), 4-29-25)

(a)

Statement of intent.

(1)

For the purpose of this section is to establish a procedure for rezoning an area or extending the boundary of an existing zoning district in accordance with the comprehensive plan.

(b)

Authority.

(1)

The city council in accordance with applicable state law may from time to time amend, supplement, change, modify or repeal the regulation standards and boundaries herein established.

(c)

Applicability.

(1)

The following persons may initiate a zoning classification change:

a.

City council on its own motion.

b.

The planning and zoning commission.

c.

The city manager or his/her designee.

d.

A property owner.

(d)

Application requirements.

(1)

Application required. Any request for a change in zoning classification (rezoning) shall be accompanied by an application prepared in accordance with the city's development manual. Requests by the city council, planning and zoning commission, and city manager or his/her designee shall not require an application.

(e)

Processing of application and decision.

(1)

Submittal. An application for a change in zoning classification (rezoning) shall be submitted to the city manager or his/her designee. The city manager or his/her designee shall review the application for completeness. The city manager or his/her designee may, at its option, request a recommendation from any other city department or consultant. The city manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the city manager or his/her designee shall forward a written recommendation to the planning and zoning commission and city council for consideration.

(2)

Notification requirements. An application for a change in zoning classification (rezoning) requires the following public hearing notification:

a.

Written notice mailed to each owner of real property within 200 feet, as indicated by the most recently approved municipal tax roll, at least 11 days prior to the public hearing and consideration by the planning and zoning commission.

b.

Published notice in a newspaper of general circulation at least 16 days prior to the public hearing and consideration by the city council.

c.

Public hearing notices shall be in accordance with V.T.C.A., Local Government Code, ch. 211 and include the date, time, place, and topic of the public hearing.

(3)

Recommendation by planning and zoning commission.

a.

The planning and zoning commission shall hold a public hearing in accordance with the Texas Open Meetings Act and make a recommendation regarding the proposed request to the city council.

b.

The planning and zoning commission may vote to recommend to city council approval, approval with conditions, or denial of the request.

(4)

Decision by city council.

a.

The city council shall receive the written recommendation of the planning and zoning commission and shall hold a public hearing.

b.

The city council may vote to approve, approve with conditions, or deny the request. The city council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than 90 calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision.

c.

A majority vote of city council, present and qualified, is required to approve a zoning change request unless it is protested in accordance with the provisions below.

(5)

Protested zoning change.

a.

A proposed zoning change may be protested in writing by owners of at least 20 percent of either:

i.

The area of lots or land covered by the proposed change; or

ii.

The area of lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.

iii.

In computing the percentage of land area, the area of streets and alleys shall be included.

b.

Zoning changes protested in accordance with the above provisions require the affirmative vote of at least three-fourths of all members of the city council, present and qualified, to approve.

(f)

Criteria for approval. The planning and zoning commission in making a recommendation and the city council in considering final action on a zoning change should consider the following criteria:

(1)

Whether the proposed zoning change implements the policies of the adopted comprehensive land plan, including the land use classification of the property on the future land use map;

(2)

Whether the proposed zoning change promotes the health, safety, or general welfare of the city and the safe, orderly, efficient and healthful development of the city;

(3)

Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified;

(4)

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

(5)

Whether there have been environmental and/or economical changes which warrant the requested change;

(6)

Whether there is an error in the original zoning of the property for which a change is requested;

(7)

Whether all of the applicant's back taxed owed to the city have been paid in full (no application will receive final approval until all back taxes are paid in full); and,

(8)

Whether other criteria are met, which, at the discretion of the planning and zoning commission and the city council, are deemed relevant and important in the consideration of the amendment.

(g)

Time limitations. If a petition for rezoning is denied by the city council, another petition for reclassification of the same property or any portion thereof shall not be filed within a period of 180 days from the date of denial provided, however, that:

(1)

Substantial change in conditions has taken place in the vicinity of the property sought to be rezoned. For the purpose of this section, a request may be considered substantially different if the change is to a different zoning classification, there is a change in conditions relating to zoning principles of the property or surrounding properties or there is a change in the nature of the development of the property or surrounding properties. The city manager or his/her designee shall have the authority to determine whether the request is substantially different from the initial request.

(2)

The applicant applying for rezoning seeks different relief.

(3)

The last final decision denying rezoning was predicated upon fraud, accident or mistake.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Purpose. The purpose of a site plan is to ensure that a development project is in compliance with all applicable city ordinances and requirements, including the requirement of this zoning ordinance and subdivision ordinance, prior to commencement of construction. The purpose of this section is to establish a process to ensure that existing ordinance requirements are met and to promote the efficient use of land, safe vehicular and pedestrian circulation, appropriate provision of landscaping, parking, screening, and lighting.

(b)

Applicability. This section outlines when new development or an expansion to an existing, developed property is required to submit a site plan for review.

(1)

No permit for construction or expansion of a building or other structure shall be issued until a site plan, if required, including any required engineering or construction plans, has been submitted and approved in accordance with this section.

(2)

No certificate of occupancy, or other final approvals, shall be issued for such buildings or structures until all site improvements, as shown on the approved site plan or established in conditions of approval for the site plan, have been completed or otherwise guaranteed, as approved by the city manager, or designee.

(3)

Unless otherwise excepted herein, nothing in this section shall preclude a new development occurring on previously undeveloped property from having to comply with any applicable requirements within the zoning ordinance and subdivision ordinance, or any other city code, ordinance, or construction standard.

(4)

Triggers. New construction or expansions to an existing property that meet any of the following criteria shall trigger the requirement for a site plan and all of the improvements outlined in this section, unless otherwise specified:

a.

Construction of any new structure, including accessory structures that result in an increase in intensity to traffic, parking, lighting, noise, and/or requires a variance;

b.

The conversion of a residential use or structure to a nonresidential use.

c.

Expansion of an existing structure or expansion in land area of a use.

d.

Expansion of impervious cover, including but not limited to the addition of paved surfaces, rooftops, or other materials that increase the total impervious area on the property.

e.

Any other development where the city's zoning ordinance and subdivision ordinance specifically require site plan approval.

(5)

Exceptions. A site plan shall not be required for a detached one-family or two-family residential building, including associated accessory structures. However, proposed non-residential structures, such as a clubhouse, private recreation facility, gated entrance or guardhouse, etc., will require site plan review and approval for those facilities if triggered above.

(6)

Required improvements. Any development that triggers a site plan must comply with all relevant city ordinance, standards, and specifications, where required by ordinance. This includes, but is not limited to, a review of the following in a site plan:

a.

Drive approaches, curb cuts, and driveway spacing;

b.

Parking, including layout, striping, and surfacing requirements;

c.

Curb and gutter;

d.

Sidewalks and related pedestrian amenities;

e.

Fire code requirements, including fire hydrants;

f.

Screening, buffering, landscaping, and tree preservation;

g.

Designated outdoor storage and outdoor display areas;

h.

Fencing;

i.

Lighting;

j.

Stormwater management;

k.

Flood plain management.

(c)

Application. A complete application, fees, and any other required information for site plan review shall be submitted to the city manager, or designee.

(1)

Area to be included on a site plan. When the overall development project is to be developed in phases, the site plan area shall include only the portion of the overall property that is to be developed/constructed. However, any excluded area must be separately developable as a stand-alone site in the future. This provision shall not be interpreted to allow portions of a property to be excluded so as to avoid development standards, other requirements, or otherwise required improvements to the site.

a.

Submittal and timing. A site plan shall be submitted prior to a building permit application and shall meet the same certification and submittal timing requirements for plats as described in chapter 21.

b.

Submission and contents. The purpose of site plan review is to ensure compliance with all relevant city ordinances, codes, and other requirements. To ensure the submission of adequate information, the city manager, or designee, shall maintain and distribute a checklist of specific requirements for site plan review applications. All applications and related contents shall be submitted consistent with these requirements. The authorized reviewer may request additional information to complete the application for review to meet the site plan requirements.

(d)

Review criteria. The city manager, or designee, in consultation with relevant city staff in other city departments, shall review the site plan for compliance with all applicable city ordinances including the site plan's compliance with all provisions of the city's development ordinances, including this zoning ordinance, subdivision ordinance, and other applicable city ordinances.

(e)

Review and approval.

(1)

The city manager, or designee, shall be the responsible official for reviewing site plan applications. The city manager, or designee, shall consult with relevant staff from city departments for review and comments on a proposed site plan. Based on the review from all relevant departments, the city manager, or designee, shall make the final decision on site plan approval.

(2)

The city manager, or designee, based on input from relevant staff, may reject review of a site plan until adequate information for its review is provided by the applicant. Resubmission of a site plan, in this instance, shall not require an additional application fee.

(3)

Upon completing the review of a site plan, the city manager, or designee, may take one of the following actions:

a.

If the site plan contains errors or requires corrections, notify the applicant of the deficiencies and provide instructions for resubmitting corrected plans.

b.

If the application meets all requirements, the city manager, or designee, may approve the site plan. If it does not meet requirements, the city manager, or designee, may deny the site plan or approve it with conditions to ensure compliance.

c.

The city manager, or designee, may, for any reason, elect to present the site plan for action to the planning and zoning commission.

d.

The determination for approval, approval with conditions, decision to defer action to the planning and zoning commission, or denial of a site plan shall be made by the city manager, or designee, and communicated in writing to the applicant within 30 days from the date the application is officially accepted.

(4)

If a site plan requires a variance from the board of adjustment, an applicant is required to obtain approval for the variance before an application for a site plan can be approved by the city manager, or designee.

(5)

The city manager, or designee, may approve issuance of permits following conditional site plan approval when it is deemed that the required corrections to the site plan are minor in nature. However, no certificate of occupancy shall be issued until an amended site plan meeting all conditions has been submitted and approved.

(6)

Prior to the issuance of a certificate of occupancy the city manager, or designee, shall inspect the site to ensure compliance with the site plan and any conditions imposed with the approval.

(f)

Revisions to an approved site plan.

(1)

Minor revisions/amendments: It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. Such minor revisions shall be shown on an "amended site plan." For a revision/amendment to be considered minor, the changes shall meet the following criteria:

a.

Adjustments are no more than 10 percent or 50 feet in any direction, whichever is less, to the location or configuration of roadways, sidewalks, utilities, parking areas, buildings, landscape features, ponds, or any other improvements depicted on the site plan.

b.

Adjustments are no more than five percent to the building square footage of any individual building to be constructed within the area of the site plan.

c.

Adjustments are no more than five percent to the number of required parking spaces within the area of the site plan.

d.

Adjusts flat work such as curbs, sidewalks, streets, decks, parking areas, and other paved areas if there is no net increase in impervious coverage within the area of the site plan.

e.

Revisions may not authorize changes that would result in a violation of any building code or city ordinance.

(2)

Major revisions/amendments: Revisions that exceed the thresholds for minor amendments outlined above or result in significant changes to the approved site plan shall require a new site plan application, review, and approval.

(g)

Expiration.

(1)

An approved site plan shall be valid for a period of two years. An application for a building permit for the site, consistent with the site plan, will extend the validity of the site plan for 18 months from the date of the approved permit.

(h)

Compliance and responsibilities.

(1)

Duties and responsible parties.

a.

It shall be incumbent upon the building official, or designees, to make all inspections and certifications necessary to ensure that a structure is built in accordance with the approved site plan.

b

In the event that the building official, or designees, finds that a condition or modification of the approved site plan or a provision of city codes and ordinances has not been met, they may issue a stop work order.

i.

It shall be incumbent upon the contractor or developer to correct those items that are in violation before construction may resume.

ii.

In the event that the structure has been completed, a certificate of occupancy shall not be issued by the building official until the conditions of the site plan or city codes and ordinances, as applicable, have been substantially fulfilled.

iii.

All action required in order to bring a site into compliance with the approved site plan shall be the responsibility of the property owner.

c.

Following issuance of the certificate of occupancy, it shall be the continuing duty of the owner and occupant of the site, or their successors in interest, to maintain compliance with the approved site plan and amendments thereto. Failure to maintain compliance shall constitute a violation of this zoning ordinance and may result in revocation of the certificate of occupancy.

d.

Site may not become less conforming. Any site that is not subject to an approved site plan or is governed by a pre-existing site plan that does not conform to the current standards of this chapter, must maintain compliance with the standards within this chapter to the extent that the site currently complies with those standards.

(Ord. No. 1681, § 2(Exh. B), 4-29-25)

(a)

Applicability. Specific use permits allow for discretionary city council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this UDC. These uses and the districts where they may be located are listed in schedule of uses table. Approval of a specific use permit authorizes a property owner to submit subsequent development applications consistent with the approved SUP.

(b)

Application requirements.

(1)

Application required. Any request for a SUP shall be accompanied by an application prepared in accordance with the city's development manual.

(c)

Processing of application and decision.

(1)

Submittal. An application for a SUP shall be submitted to the city manager or his/her designee. The city manager or his/her designee shall review the application for completeness. The city manager or his/her designee may, at its option, request a recommendation from any other city department or consultant. The city manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the city manager or his/her designee shall forward a written recommendation to the planning and zoning commission and city council for consideration.

(2)

Notification requirements. An application for a SUP requires the following public hearing notification:

a.

Written notice mailed to each owner of real property within 200 feet, as indicated by the most recently approved municipal tax roll, at least 11 days prior to the public hearing and consideration by the planning and zoning commission.

b.

Published notice in a newspaper of general circulation at least 16 days prior to the public hearing and consideration by the city council.

c.

Public hearing notices shall be in accordance with V.T.C.A., Local Government Code, ch. 211 and include the date, time, place, and topic of the public hearing.

(3)

Recommendation by planning and zoning commission.

a.

The planning and zoning commission shall hold a public hearing in accordance with the Texas Open Meetings Act and make a recommendation regarding the proposed SUP request to the city council.

b.

The planning and zoning commission may vote to recommend to city council approval, approval with conditions, or denial of the request.

(4)

Decision by city council.

a.

The city council shall receive the written recommendation of the planning and zoning commission and shall hold a public hearing.

b.

The city council may vote to approve, approve with conditions, or deny the request. The city council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than 90 calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision.

(d)

Criteria for approval. The planning and zoning commission in making a recommendation and the city council in considering final action on a SUP should consider the following criteria:

(1)

The proposed use at the specified location is consistent with the policies embodied in the adopted comprehensive land plan;

(2)

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

(3)

The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as safety, traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods;

(4)

The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood;

(5)

The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets;

(6)

The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed use on adjacent properties;

(7)

The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood;

(8)

The proposed use promotes the health, safety or general welfare of the city and the safe, orderly, efficient and healthful development of the city;

(9)

No application made under these provisions will receive final approval until all back taxes owed to the city have been paid in full; and

(10)

Other criteria which, at the discretion of the planning and zoning commission and city council are deemed relevant and important in the consideration of the specific use permit.

(e)

Conditions. The planning and zoning commission, in making its recommendation, and the city council, in considering final action, may require such modifications in the proposed use and attach such conditions to the specific use permit as deemed necessary to mitigate adverse effects of the proposed use and to carry out the spirit and intent of this section. Conditions and modifications may include but are not limited to limitation of building size or height, increased open space, limitations on impervious surfaces, enhanced loading and parking requirements, additional landscaping, curbing, sidewalk, vehicular access and parking improvements, placement or orientation of buildings and entryways, buffer yards, landscaping and screening, signage restrictions and design, maintenance of buildings and outdoor areas, duration of the permit and hours of operation.

(f)

Expiration of specific use permit. A specific use permit shall expire if any of the following occurs:

(1)

A building permit, if necessary, for the use has not been approved within one year after the approval of the SUP;

(2)

A building permit approved as a result of the approval of the SUP expires within two years after the approval of the SUP;

(3)

The use has been abandoned or discontinued for a period of time exceeding six months; or

(4)

The SUP expires in accordance with its terms.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Applicability.

(1)

The board of adjustment (BOA) shall have the ability to authorize, in specific cases, a variance from the zoning regulations of this chapter if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this chapter would result in unnecessary hardship, so that the spirit of this chapter is observed and substantial justice is done. A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this chapter to other parcels of land in the district.

(b)

Application requirements.

(1)

Application required. Any request for a variance shall be accompanied by an application prepared in accordance with the city's development manual.

(c)

Processing of application and decision.

(1)

Submittal. An application for a variance shall be submitted to the city manager or his/her designee. The city manager or his/her designee shall review the application for completeness. The city manager or his/her designee may, at its option, request a recommendation from any other city department or consultant. The city manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the city manager or his/her designee shall forward a written recommendation to the board of adjustment.

(2)

Notification requirements. An application for a variance requires the following public hearing notification:

a.

Written notice mailed to each owner of real property within 200 feet, as indicated by the most recently approved municipal tax roll, at least 11 days prior to the public hearing and consideration by the board of adjustment.

b.

Published notice in a newspaper of general circulation at least 16 days prior to the public hearing and consideration by the board of adjustment.

c.

Public hearing notices shall include the date, time, place, and topic of the public hearing.

(3)

Decision by the board of adjustment.

a.

The BOA shall receive the recommendation of the city manager or his/her designee and shall hold a public hearing. The board may vote to approve, approve with conditions, or deny the variance.

b.

The board may, on its own motion or by request of the property owner, postpone consideration of the variance to a certain date that is not more than 30 calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision.

c.

Approval of a variance request shall require the concurring vote of 75 percent of the members of the board.

d.

The approval shall be effective for a period of 180 days after the date of such approval. If no development application or building permit is submitted within that time, the variance shall become null and void.

e.

The disapproval of a variance shall require compliance by the applicant, if applicable, within 15 days after the date of disapproval and upon written notification by the city manager or his/her designee.

(d)

Criteria for approval. In order to make a finding of hardship and grant a variance from the zoning regulations of this chapter, the board must determine the following:

(1)

There are special circumstances or conditions (including restricted area, topography or physical features) affecting the land involved, and are not applicable to other parcels of land in the same zoning district, such that the application of the zoning ordinance's provisions would deprive the applicant of the reasonable use of his/her land.

(2)

The variance, if granted, would be the minimum necessary relief required to alleviate the undue hardship.

(3)

The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant.

(4)

The granting of the variance will not be detrimental to the public health, safety or welfare, or impair the purposes and intent of this zoning ordinance and the comprehensive plan or be injurious to other property within the area.

(5)

The granting of the zoning variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this zoning ordinance.

(6)

Finding that an undue hardship exists. In determining if a hardship exists, the board of adjustment shall use the following criteria:

a.

That literal enforcement of the ordinance will create an undue hardship or practical difficulty in the development of the affected property; and

b.

That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district; and

c.

That the relief sought will not injure the permitted use of adjacent conforming property; and

d.

That the granting of a variance will be in harmony with the spirit and purpose of this chapter.

e.

Financial hardship alone is not an "undue hardship" if the property can be used, meeting the requirements of the zoning district in which the property is located.

(e)

Finding of undue hardship as applied to a structure. In considering a variance as applied to a structure, the board of adjustment may consider the following as grounds to determine whether an unnecessary hardship would result from compliance with the ordinance:

(1)

The financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under V.T.C.A., Tax Code, § 26.01,;

(2)

Compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur;

(3)

Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;

(4)

Compliance would result in the unreasonable encroachment on an adjacent property or easement; or

(5)

The city considers the structure to be a nonconforming structure.

(f)

Finding of fact. The board shall complete a finding of fact for the variance request to support its conclusion for each variance presented to it.

(g)

Court appeal.

(1)

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer, or any officer, department, board, or bureau of the city may present to a court of record as provided by law 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.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Applicability. When, in its judgment, the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be substantially or permanently injured, the board of adjustment may, in specific cases after public notice and public hearing, and subject to appropriate conditions and safeguards, make special exceptions to the terms of the zoning ordinance that are consistent with the general purpose and intent of the ordinance. The board may, in a specific case, where the board makes the findings required in this section, grant the following special exceptions from the requirements of this chapter:

(1)

The reconstruction of a building occupied by a nonconforming use, provided such reconstruction does not prevent the eventual return of such property to a conforming use.

(2)

The enlargement or extension of a nonconforming use.

(3)

Modifications of yard, open space, parking lot area or lot size regulations of a minor nature that is necessary to secure appropriate development of a parcel of land where such parcel was separately owned at the time of the passage of this chapter and is of such restricted area where the shape of the lot is such that it cannot be appropriately developed without such modification.

(4)

Reduce required off-street parking if it can be shown that the required minimum as herein established will not at any time be necessary because of the character of the proposed uses at a probable limited quantity of employees, clients, customers or tenants.

(5)

Reduce, substitute or allow alternative screening and buffering between districts when the proposed alternative provides equal or greater mitigation of nuisances created by the nonresidential or multi-family development and result in an equal or greater level of compatibility between the uses.

(6)

Reduce, substitute or allow alternative screening for residential developments adjacent to major and secondary roadways, when the proposed development is located adjacent to an existing residential development which was constructed prior to the adoption of the screening along major and secondary roadway requirements.

(7)

Reduce, substitute or allow for alternative landscaping if the aesthetic, buffering and environmental intent of this chapter is met.

(8)

Approval of special exceptions under article IX, wireless antennas and antenna facilities.

(9)

The board may grant such other special exceptions as may be provided for elsewhere in this chapter, subject to the terms and conditions therein set out.

(b)

Application requirements.

(1)

Application required. Any request for a special exception shall be accompanied by an application prepared in accordance with the city's development manual.

(c)

Processing of application and decision.

(1)

Submittal. An application for a special exception shall be submitted to the city manager or his/her designee. The city manager or his/her designee shall review the application for completeness. The city manager or his/her designee may, at its option, request a recommendation from any other city department or consultant. The city manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the city manager or his/her designee shall forward a written recommendation to the board of adjustment.

(2)

Notification requirements. An application for a special exception requires the following public hearing notification:

a.

Written notice mailed to each owner of real property within 200 feet, as indicated by the most recently approved municipal tax roll, at least 11 days prior to the public hearing and consideration by the board of adjustment.

b.

Published notice in a newspaper of general circulation at least 16 days prior to the public hearing and consideration by the board of adjustment.

c.

Public hearing notices shall include the date, time, place, and topic of the public hearing.

(3)

Decision by the board of adjustment.

a.

The BOA shall receive the recommendation of the city manager or his/her designee and shall hold a public hearing. The board may vote to approve, approve with conditions, or deny the special exception request.

b.

The board may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than 30 calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision.

c.

Approval of a special exception request shall require the concurring vote of 75 percent of the members of the board.

d.

The approval shall be effective for a period of 180 days after the date of such approval. If no development application or building permit is submitted within that time, the variance shall become null and void.

e.

The disapproval of a variance shall require compliance by the applicant, if applicable, within 15 days after the date of disapproval and upon written notification by the city manager or his/her designee.

(4)

Criteria for approval. In order to grant a special exception, the board must find the following:

a.

In granting the special exception, the public convenience and welfare will be substantially served;

b.

In granting the special exception, the appropriate use of neighboring property will not be substantially or permanently injured;

c.

The granting of the special exception will not adversely affect the public health, convenience, safety or general welfare.

(5)

Finding of fact. The board shall complete a finding of fact for the special exception request to support its conclusion for each variance presented to it.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

A member of the city council may not bring an appeal under this section. A person aggrieved by a decision made by an administrative official, or any officer, department, board, or bureau of the municipality affected by the decision may appeal.

(b)

The appellant must file with the board and the official from whom the appeal is taken a written notice of appeal specifying the grounds for the appeal. The appeal must be filed within ten calendar days after the decision has been rendered.

(c)

Upon receiving the notice, the official from whom the appeal is taken shall transmit to the board all papers constituting the record of action that is appealed. An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing that the facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown.

(d)

The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney.

(e)

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 calendar day after the date the appeal is filed.

(f)

The board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken, and may make the correct order, requirement, decision or determination.

(g)

Finality of decision; judicial review.

(1)

The decision of the board shall be final. However, any of the following persons may present to a district court, county court, or county court at law a verified petition stating that the decision of the board is illegal in whole or in part and specifying the grounds of the illegality:

a.

A person aggrieved by the decision;

b.

A taxpayer; or

c.

An officer, department, or board of the city;

(2)

The petition must be presented within ten days after the date the decision is filed in the board's office. Subject to the provisions of V.T.C.A., Local Government Code, only a court of record may reverse, affirm, or modify a decision of the zoning board of adjustment.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Public hearing required. Whenever a public hearing is required, the city manager or his/her designee shall establish the date, time and place of the public hearing and shall cause any notice required to be prepared and made accordingly.

(b)

Conduct of hearing. Any person may appear at the public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall state his or her name, address, and if appearing on behalf of an organization, state the name and mailing address of the organization for the record. Subject to the chairperson's inherent authority to conduct meetings, public hearings shall generally be conducted as follows.

(1)

The city staff may present a description of the proposed project and a written or oral recommendation, if required.

(2)

The applicant may present information relevant to his/her request. A maximum time limit may be imposed by the chairperson.

(3)

Testimony in support of the request may be presented by any individual who expresses an interest in the proposed project. A maximum time limit per person may be imposed by the chairperson.

(4)

Testimony in opposition of the request may be presented by any individual who expresses an interest in the proposed project. A maximum time limit per person may be imposed by the chairperson.

(5)

At the discretion of the chairperson, the city staff and the applicant may respond to any statement by the public.

(6)

At the sole discretion of the chairperson of the body conducting the hearing, an individual may be permitted to pose relevant questions to staff, the applicant or the body conducting the hearing, as directed by the chairperson.

(7)

The board, commission or city council conducting the hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious.

(8)

The members of the board, commission or city council conducting the public hearing shall have the opportunity to ask questions and/or make comments.

(9)

The chairperson shall close the public hearing.

(10)

Immediately after the closing of the public hearing, the board, commission, or city council conducting the hearing may deliberate and take action on the hearing item as may be required.

(c)

Continuance of hearing. The board, commission or city council conducting the hearing may, on its own motion or at the request of any person, for good cause, continue the hearing to a fixed date, time and place. Except as required by the Texas Open Meetings Act or other applicable law, no notice shall be required if a hearing is continued. If a public hearing is closed, no further public testimony shall be taken.

(d)

Additional rules. The board, commission or city council conducting the hearing may adopt additional rules of procedure and may apply such additional rules to govern the public hearing which are not inconsistent with this section.

(e)

Joint public hearing. Unless otherwise prescribed in this chapter, whenever an application must be preceded by a public hearing both before an advisory body (i.e. board, commission and/or committee) and before the city council, the advisory body and the council may conduct a joint public hearing and take action on the application in the following manner:

(1)

The mayor or city council on its own motion shall establish the date of the joint public hearing.

(2)

The city council shall cause notice of the joint public hearing to be provided as required.

(3)

The advisory body (i.e. board, commission and/or committee) and the city council shall be convened for the hearing and for any action to be taken on the petition or application.

(4)

The advisory body (i.e. board, commission and/or committee) and the city council may take action on the application at the same meeting, provided that the city council shall not take action until the written report and recommendation of the advisory body (i.e. board, commission and/or committee) has been received.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Certificates of occupancy shall be required for:

(1)

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

(2)

Change in use of an existing building.

(3)

Occupancy and use of vacant land.

(4)

Change in the use of land to a use of a different classification.

(5)

Any change in the use of a nonconforming use.

(b)

Certificates of occupancy for nonconforming uses.

(1)

A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this chapter. Application for such certificate of occupancy for a nonconforming use shall be filed with the building inspector by the owner or lessee of the building or land occupied by such nonconforming use within one year of the effective date of this chapter. It shall be the duty of the building inspector to issue a certificate of occupancy for a lawful nonconforming use, or refusal of the building inspector to issue a certificate of occupancy for such nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the effective date of this chapter.

(c)

Procedure.

(1)

Written application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued within three days of completion of construction or alteration. Written application for a certificate of occupancy for the use of vacant land, or for a change in nonconforming use, as herein provided, shall be made to the building official. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefor shall be issued. The fee for such certificate of occupancy shall be in accordance with the certificate of occupancy fee as stated in the city's fee schedule and as amended from time to time as necessary, and shall be paid to the City of Live Oak at the time the building permit is issued. Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all certificates of occupancy shall be kept on file in the office of the building official or his agent.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)