General. The Planning and Zoning Commission (also referred to as the Commission) shall function according to the following criteria which establishes membership and operating procedures. The powers and duties of the Planning and Zoning Commission are further defined in Section 10.

(Ord. No. 2013-O-04, 3-14-2013)

There is hereby created, in accordance with V.T.C.A., Local Government Code subch. 211.007 and the City Charter, a Planning and Zoning Commission which shall consist of five (5) citizens from the City of Luling. Members shall be appointed by the Mayor and confirmed by City Council for a term of two (2) years. Terms of three-fifths (⅗) of the Commission shall expire upon December 15th of even numbered years and two-fifths (⅖) of the Commission shall expire upon December 15th of odd numbered years, or until a successor is appointed. Vacancies and unexpired terms of members shall be filled by the appointment of the Mayor and confirmed by Council. These appointments shall be for the remainder of the term.

Members may be removed from office at any time by a majority vote of the City Council for any reason. All members shall serve without compensation. Any member absent from three (3) regular, consecutive meetings, or a total of five (5) regular monthly meetings for the calendar year, shall be deemed to have vacated such office. The City staff shall keep minutes of all meetings held by the Planning and Zoning Commission and full record of all recommendations to be made by the Planning and Zoning Commission to the City Council. Records of the Commission shall be filed promptly in the City Secretary's Office and shall be permanent and official files of the City of Luling.

A Chairman and Vice-chairman shall be elected by the Planning and Zoning Commission from its membership, each to hold office for one (1) year or until replaced by a majority of the Commission.

(Ord. No. 2013-O-04, 3-14-2013)

Four (4) members of the Planning and Zoning Commission shall constitute a quorum, and all members, including the presiding chairman, shall have the right of one (1) vote each, a quorum being present. All actions by the Planning and Zoning Commission shall be by a majority vote of those members present for the passage of any recommendation to the City Council. If any member has conflict of interest in review of any item on the Commission's agenda, he or she shall state such for the record and abstain from any discussion and from voting on the matter.

(Ord. No. 2013-O-04, 3-14-2013)

The Planning and Zoning Commission may meet on the third Thursday of each month in the City Hall or other specified locations as may be designated by the Chairman or Vice-chairman, in the absence of the chairman, and at such intervals as may be necessary to orderly and properly transact the business of the Commission.

(Ord. No. 2013-O-04, 3-14-2013)

The Planning and Zoning Commission shall be an advisory body to the City Council and shall make recommendations regarding amendments to the Comprehensive Master Plan, changes of zoning, and zoning to be given to newly annexed areas, and shall make recommendations regarding the approval of the plats of subdivisions as may be submitted to it for review and other planning related matters. The Planning and Zoning Commission shall conduct an annual review of the City's Comprehensive Master Plan and be prepared to make such recommendations to the City Council as deemed necessary to keep the City's Comprehensive Master Plan current with the needs and uses of the City. The Planning and Zoning Commission shall serve in an advisory capacity on any planning related item(s) in the City.

(Ord. No. 2013-O-04, 3-14-2013)

The procedures and process for zoning changes and/or amendments shall be in accordance with Section 10.

(Ord. No. 2013-O-04, 3-14-2013)

Fees shall be as provided for in the Fee Schedule found in the Appendix C of the Code of Ordinances.

(Ord. No. 2013-O-04, 3-14-2013)

General. There is hereby created and established a board to be called the City of Luling Zoning Board of Adjustment. This Board shall hear appeals from administrative decisions regarding zoning, and in appropriate cases, subject to appropriate conditions and safeguards, may authorize variances from the terms of City of Luling Zoning Ordinance.

(Ord. No. 2013-O-04, 3-14-2013)

(A)

The Zoning Board shall consist of five (5) regular members and two (2) alternate members who shall be appointed by the Mayor, subject to confirmation by the Council, in accordance with the City Charter and State law.

(B)

Board members shall serve for a period of two (2) years and until their successors are appointed and qualified. Three (3) regular Board members and one (1) alternate member shall be appointed to serve for the two (2) year term on the even numbered years, and two (2) regular Board members and one (1) alternate Board member shall be appointed to serve for the two (2) year term on the odd numbered years. Notwithstanding any other ordinance or prohibition to the contrary, a member of the Board may also be a member of another City board or commission.

(C)

Members of the Board shall regularly attend meetings and public hearings. The Board shall serve without compensation.

(D)

Members may be removed by majority vote of the members of the City Council, for cause on a written charge after a public hearing.

(E)

Board members may be appointed to succeed themselves.

(F)

Any vacancy of a regular member shall be filled by an alternate member for the unexpired term of the member whose term becomes vacant. Any member absent from three (3) regular consecutive meetings, without excuse by the Board, shall be deemed to have vacated his/her position on the Board, unless such absences were due to sickness of the member or of the member's family, with leave being first obtained from the Chairperson of the Board. Vacancies shall be filled by appointment of the Mayor, subject to confirmation by the Council.

(G)

Meetings of the Zoning Board shall be held from time to time as required by appeals applications for variances. Such meetings shall be conducted in accordance with the provisions of state law and the City's Zoning Ordinance. All meetings of the Board shall be open to the public.

(Ord. No. 2013-O-04, 3-14-2013)

The Zoning Board shall have the authority, subject to the standards established in V.T.C.A., Local Government Code §§ 211.008 to 211.011 and those established herein, to exercise the following powers and perform the following duties:

(A)

Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance;

(B)

Authorize the expansion or continuation of a nonconforming structure; and

(C)

Authorize in specific cases a variance (see Section 9.6) from the terms of this ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of this ordinance is observed and substantial justice is done;

(D)

In exercising its authority under Section 9.02(A) above, 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 make the correct order, requirement, decision, or determination, and for that purpose the Board has the same authority as the administrative official;

(E)

The concurring vote of seventy-five (75) percent (four (4) out of five (5)) of the members of the Board is necessary to:

(1)

Reverse an order, requirement, decision, or determination of an administrative official;

(2)

Decide in favor of an applicant on a matter on which the Board is required to review under this Zoning Ordinance; or

(3)

Authorize a variation from the terms of this Zoning Ordinance.

(Ord. No. 2013-O-04, 3-14-2013)

(A)

The Board may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought except as provided in Section 9.06.

(B)

The Board shall have no power to grant or modify conditional use permits authorized under Section 6 of these regulations.

(C)

The Board shall have no power to grant a zoning amendment. In the event that a request for a zoning amendment is pending before the Planning and Zoning Commission or the City Council, the Board shall neither hear nor grant any variances with respect to the subject property final disposition of the zoning amendment.

(D)

The Board shall not grant a variance (except as stated in "E" below) for any parcel of property or portion thereof upon which a Site Plan, Preliminary Plat, or Final Plat, where required, is pending on the agenda of the Planning and Zoning Commission and, where applicable, by the City Council. All administrative remedies available to the applicant shall have been exhausted prior to hearing by the ZBA.

(E)

If a proposed site does not conform to the zoning district standards and a variance has been requested, the Planning and Zoning Commission and/or the City Council may defer its actions until the Zoning Board has acted on the variance requests.

(Ord. No. 2013-O-04, 3-14-2013)

Each case before the Board must be heard by at least seventy-five (75) percent of its members or alternate members. Meetings of the Board are held at the call of the presiding officer. A Chairman and Vice-chairman shall be elected by the Boards Commission from its membership, each to hold office for one (1) year or until replaced by a majority of the Board. All meetings of the Board shall be open to the public. The City staff shall keep minutes of its proceedings that indicate the vote of each member and of all meetings held by Board. The minutes and records of the Board shall be filed promptly in the City Secretary's Office and are public records.

(Ord. No. 2013-O-04, 3-14-2013)

The Board may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Board shall prescribe only those conditions that it deems necessary to or desirable in the public interest. In making the findings hereinafter required, the Board shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed use, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity.

(A)

In order to grant a variance from these zoning regulations, the Boards must make written findings that undue hardship exists, using the following criteria:

(1)

Reserved.

(2)

Reserved.

(3)

Reserved.

(4)

Reserved.

(5)

Reserved.

(6)

Special circumstances or conditions exist which affect the land involved such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of the land.

(7)

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

(8)

Granting of the variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area, and the spirit of the ordinance will be observed. Variances may be granted only when in harmony with the general purpose and intent of this ordinance.

(9)

Granting of a variance will not have the effect of preventing the orderly use of other land in the area in accordance with the provisions of this ordinance.

(10)

Granting of a variance must be predicated on a finding that the applicant's practical difficulties or unnecessary hardship arise from unusual conditions or circumstances, such as exceptional irregularity of the land involved, which are not shared generally by other parcels in the neighborhood or district.

(11)

A granted zoning variance shall be transferable to a new owner when a change of ownership occurs with the exception of Section 9.06(A).

(B)

A variance is to be denied if conditions or circumstances relied on for a variance were created by a person having an interest in the property.

(C)

Financial hardship to the applicant, standing alone, shall not be deemed to constitute hardship.

(D)

The applicant bears the burden of proof in establishing the facts justifying a variance.

(Ord. No. 2013-O-04, 3-14-2013)

The ZBA shall have the authority:

(A)

To authorize the expansion or enlargement of a nonconforming use, or the expansion, enlargement or structural alteration to a structure containing a nonconforming use, when such an expansion, enlargement or alteration would not tend to prolong the life of the nonconforming use. Upon review of the facts, the ZBA may establish a specific period of time for the occupancy to revert to a conforming use; and

(B)

To authorize the reconstruction and occupancy of a nonconforming structure, or a structure containing a nonconforming use, where such structure has been damaged by fire or other causes to the extent of more than fifty (50) percent, but less than the total, of the replacement cost of the structure on the date of the damage. Such action by the Zoning Board shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare, character of the area surrounding such structure, and conservation, preservation and protection of property; and

(C)

To authorize the enlargement, expansion or repair of a nonconforming structure in excess of sixty (60) percent of its current value. In such instance, current value shall be established by a licensed appraiser or other approved assessor at the time of application for a hearing before the ZBA.

If such expansion or enlargement is approved by the ZBA, all provisions of the district in which such structure is located shall apply to the new construction on the lot or parcel.

(D)

To authorize a change of use from one (1) nonconforming use to another nonconforming provided that such change is to a use of a more restrictive classification, the building or structure containing such nonconforming use shall not revert to the former lower or less restrictive classification. The ZBA may establish a specific period of time for the conversion of the occupancy to a conforming use. Any change of a nonconforming use consistent with this section shall be in accordance with the provisions of Section 7 of this ordinance.

(E)

To authorize the occupancy of an abandoned nonconforming structure. Such action by the ZBA shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare and safety, character of the area surrounding such structure, and the conservation, preservation and protection of property.

(Ord. No. 2013-O-04, 3-14-2013)

(A)

An application for a variance shall be made in writing in a form prescribed by the City and shall be accompanied by the required fee, a site plan and additional information may be requested in order to properly review the application. Such information may include, but not be limited to, plat plans, site building plans and contour maps.

(B)

The Planning Coordinator or other authorized official shall visit the site and the surrounding area where the proposed variance will apply and shall report his findings to the Board.

(C)

The Board shall hold a public hearing no later than sixty (60) days after the date the application for action or an appeal is filed. Notice of a public hearing shall be provided to all property owners within two hundred (200) feet of the affected property within ten (10) days prior to the public hearing and also published in the official local newspaper no later than ten (10) days prior to the public hearing.

(D)

The Board shall not grant a variance unless it finds, based on competent evidence, that of the conditions in Section 9.06 has been established. The Board's findings, together with the specific facts upon which findings are based, shall be incorporated into the official minutes of the Board meeting at which a variance is granted or denied.

(E)

The Board may impose such additional conditions, limitations and safeguards as it deems appropriate upon the granting of any variance. Violation of any such condition, limitation, or safeguard shall constitute a violation of this ordinance.

(F)

Any rights authorized by a variance which are not exercised within one (1) year from the date of granting such variance shall lapse and may be reestablished only after application and a new hearing in accordance with this article.

(Ord. No. 2013-O-04, 3-14-2013)

(A)

An appeal may be taken from the decision of an administrative official by an applicant for the permit on which the decision is rendered, by any person or persons directly aggrieved by the decision (the appellant must show, as a condition of bringing an appeal, that he has been injured or damaged directly, and not just as a member of the general public), or by any officer, department, board or office of the municipality affected by the decision.

(B)

The appellant must file with the Board and the official against whom the appeal is taken a written notice of appeal specifying the grounds for the appeal within fifteen (15) days after the decision has been rendered. The officer to whom the appeal is made shall forthwith transmit to the Board all papers constituting the record of the action that is appealed.

(C)

An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the Board stating 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 appellant party may appear at the appeal hearing in person or by agent or attorney.

(E)

The Board shall decide the appeal within four (4) weeks after placement on its agenda after which time the request shall be deemed automatically approved. 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 make the correct order, requirement, decision, or determination.

(Ord. No. 2013-O-04, 3-14-2013)

(A)

Pursuant to V.T.C.A., Local Government Code § 211.011, "Judicial Review of Board Decision," persons aggrieved by a decision of the Board may present to a court of record a verified petition stating that the decision of the Board is illegal in whole or in part and specifying the grounds of the alleged illegality.

(B)

Pursuant to State law, any such petition complaining of the Board's decision must be filed with a court of record within ten (10) days after the date of the Board's decision is filed in the Board's office.

(Ord. No. 2013-O-04, 3-14-2013)

Fees shall be as provided for in the Fee Schedule found in the Appendix C of the Code of Ordinances.

City Council to consider and set all fees to be assessed.

(Ord. No. 2013-O-04, 3-14-2013)

The procedures and process for zoning changes and/or amendments shall be as follows.

(Ord. No. 2013-O-04, 3-14-2013)

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

(A)

To correct any in the regulations or map.

(B)

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

(C)

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

(D)

To change the property to uses in accordance with the approved Comprehensive Master Plan.

(Ord. No. 2013-O-04, 3-14-2013)

In making a determination regarding a requested zoning change, the Planning and Zoning Commission and City Council shall consider the following factors:

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

(F)

Any other factors which will substantially affect the public health, safety, morals, or general welfare.

(Ord. No. 2013-O-04, 3-14-2013)

The City Council may from time to time, after receiving a final report thereon by the Planning and Zoning Commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the Zoning Map. Any Ordinance regulations or Zoning District boundary amendment may be ordered for consideration by the City Council, be initiated the Planning and Zoning Commission, or be requested by the owner of real property, or the authorized representative of an owner of real property.

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

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

(Ord. No. 2013-O-04, 3-14-2013)

Each application for zoning or for an amendment or change to the existing provisions of this Zoning Ordinance shall be made in writing on an application form available at the City, filed with the City and shall be accompanied by payment of the appropriate fee as established the City of Luling, Texas in Appendix C, City Code of Ordinances.

(Ord. No. 2013-O-04, 3-14-2013)

Prior to making its report to the City Council, the Planning and Zoning Commission shall hold at least one (1) public hearing on each application as applicable by state law (V.T.C.A., Texas Local Government Code ch. 211 as so may be amended). Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for City taxes, located within the area of application and within two hundred (200) feet of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notice may be served by using the last known address as listed on the latest approved tax roll and depositing the notice, postage paid, in the United States mail. Notice of hearings on proposed changes in the text of the Zoning Ordinance shall be accomplished by one (1) publication not less than fifteen (15) days prior thereto in the official newspaper of the City. Changes in the ordinance text which do not change zoning district boundaries do not require written notification to individual property owners.

(Ord. No. 2013-O-04, 3-14-2013)

Written notice of all public hearings on proposed Planned Development District shall be sent to all owners of property, or to the person rendering the same for City taxes, located within the area of application and within five hundred (500) feet of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notice may be served by using the last known address as listed on the latest approved tax roll and depositing the notice, postage paid, in the United States mail. Notice of hearings on proposed changes in the text of the Zoning Ordinance shall be accomplished by one (1) publication not less than fifteen (15) days prior thereto in the official newspaper of the City. Changes in the ordinance text which do not change zoning district boundaries do not require written notification to individual property owners.

(Ord. No. 2013-O-04, 3-14-2013)

Failure of the applicant or his representative to appear before the Planning and Zoning Commission or City Council for more than one (1) hearing without an approved delay by the City Manager shall constitute sufficient grounds for the Planning and Zoning Commission or the City Council to table or deny the application unless the City is notified in writing by the applicant at least seventy-two (72) hours prior to the hearing.

(Ord. No. 2013-O-04, 3-14-2013)

The Planning and Zoning Commission shall function in accordance with Section 8 of this ordinance. The Planning and Zoning Commission, after the public hearing is closed, shall prepare its report and recommendations on the proposed change stating its findings, its evaluation of the request and of the relationship of the request to the Comprehensive Master Plan. The Planning and Zoning Commission may defer its report for not more than forty-five (45) days from the time it is posted on the agenda or until it has had an opportunity to consider other proposed changes which may have a direct bearing thereon unless a postponement is requested by the applicant. If the Planning and Zoning Commission has not acted, the request shall be sent to the City Council as a recommendation to deny.

(Ord. No. 2013-O-04, 3-14-2013)

If the Planning and Zoning Commission recommends denial of the zoning change request, it shall offer reasons to the applicant for the denial, if requested by the applicant.

(Ord. No. 2013-O-04, 3-14-2013)

(A)

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

(B)

When the Planning and Zoning Commission makes a recommendation that a proposal should be denied, the request, in its original form, will automatically be placed on the City Council agenda unless requested not to by the applicant within ten (10) days of such action (see Section 10.09(D)(2) below).

(C)

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

(D)

Voting:

(1)

A favorable vote of three-fourths (¾) of all members of the City Council shall be required to approve any change in zoning when written objections are received from twenty (20) percent of the area of the adjacent landowners which comply with the provisions of V.T.C.A., Local government Code § 211.006 of the State of Texas commonly referred to as the "twenty percent (20%) rule." If a protest against such proposed amendment, supplement, or change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty (20) percent or more, either of the area of the lot included in such a proposed change or those immediately adjacent to the area thereof extending two hundred (200) feet therefrom or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendments shall not become effective except by a three-fourths (¾) vote of the City Council.

(2)

When the Planning and Zoning Commission makes a recommendation(s) that a proposed zoning change or site plan be denied, the request (in its original form) shall require a majority vote of those present from City Council for it to be approved.

(E)

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

(Ord. No. 2013-O-04, 3-14-2013)

As authorized in V.T.C.A., Local Government Code § 211.007, the City Council by a majority vote of those present, prescribe the type of notice to be given of the time and place of a public hearing held jointly by the City Council and Planning and Zoning Commission. If the notice provisions are different than Section 10.05 above, then the provisions of Section 10.05 do not apply.

(Ord. No. 2013-O-04, 3-14-2013)

No applications for a change of zoning classification, or Conditional Use Permit shall be accepted if a similar application for the same property has been denied by the Council or Commission within the preceding twelve (12) month period. However, the Council or the Commission may, if requested in writing, reconsider an application previously denied within a period of thirty (30) days from such denial if such denial was based upon erroneous or omitted information or if substantial new information is discovered. Such reconsideration shall only be heard if agreed by four (4) or more members of the City Council or the Planning and Zoning Commission. No previous denial shall be overturned except by a majority vote of those present, of the Council or the Commission. Written notice of any such reconsideration shall be given to all property owners within two hundred (200) feet of the subject property at least ten (10) days prior to any reconsideration hearing. All costs of such notices shall be paid by the applicant for reconsideration prior to any vote on the matter.

(Ord. No. 2013-O-04, 3-14-2013)

As soon as reasonable, after an annexation ordinance is approved by the City Council, the Planning Coordinator shall prepare an application for zoning the newly annexed land from "unzoned" to a more permanent zoning district, application shall be placed on the Planning and Zoning Commission's agenda. All procedures as set forth in this section shall apply.

(Ord. No. 2013-O-04, 3-14-2013)

(A)

Purpose. This section establishes a site plan and review process for proposed developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage and storm water management, sanitary facilities, and other utilities and services. As used in this section, the term "improvements" shall also include alterations made to land only, such as paving, filling, clearing, or excavating. As used in this section, the term "significant enlargement or alteration" shall mean the construction of structures, or the alteration of land, if such construction or alteration impacts or potentially affects other existing or future land uses, including those on adjacent or nearby land.

The Code Enforcement Officer shall be the Planning Coordinator and make the initial determination of whether a proposed development, construction, enlargement, or improvement requires a site plan or not. The initial determination is subject to the Planning Coordinator approval.

The site development plan must be prepared by a licensed and registered professional land surveyor, and/or a licensed professional engineer.

No building permit shall be issued for any of the above developments unless a site plan is first approved by the City. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the City. A public hearing on a site plan is not required unless a site plan is prepared in conjunction with a Planned Development or CUP.

The fee for a site plan review is set forth in Luling Code of Ordinances, Appendix C, and must accompany the application form.

(B)

Applicability. Site plan review and approval shall be required for new construction or the significant enlargement or alteration of any exterior dimension of any building, structure, or improvement involving the uses listed below:

(1)

Any nonresidential development;

(2)

Any multifamily development (duplex and single-family attached) or manufactured/mobile home park;

(3)

Any development with two (2) or more buildings per platted lot;

(4)

Any Planned Development District or conditional use permit.

(C)

Site plan details. Provision of the following items shall conform to the principles and standards of this ordinance. To ensure the submission of adequate site plan information, the City is hereby empowered to maintain and distribute a list of specific requirements for site plan review applications. Upon periodic review, the Planning Coordinator shall have the authority to update such requirements for site plan details. The site plan shall contain sufficient information relative to site design considerations, including but not limited to the following:

(1)

Location of existing and proposed building(s), structure(s) or other improvement(s), as well as proposed modifications of the external configuration of the building(s), structure(s) or improvement(s);

(2)

Required front, side and rear setbacks from property lines;

(3)

Existing or proposed easements or right-of-way, within or abutting the lot where development is being proposed;

(4)

The dimensions of any street, sidewalk, alley or other part of the property intended to be dedicated to public use. These dedications must be made by separate instrument and referenced on the site plan;

(5)

On and off-site circulation (including truck loading and pickup areas) and fire lanes;

(6)

Required parking with dimensions given for layout;

(7)

Topography at no less than five (5) feet integrals;

(8)

Grading;

(9)

Landscaping design;

(10)

The location and size of existing public water and wastewater lines, fire hydrants and manholes available to service the proposed development; or, if public service is unavailable, the location and size of existing private on site water and wastewater facilities; and any proposed water and wastewater lines, fire hydrants and manholes required to serve the project;

(11)

Location of screening with dimensions and material used;

(12)

Engineering for streets and utilities;

(13)

The location of the 100-year flood plain on the proposed development site, if any;

(14)

Calculations, prepared by a licensed professional engineer, showing the stormwater flow (e.g. rate, velocity, location) before and after the proposed construction. Calculations must take into account storm water that currently enters and exits the site;

(15)

Building elevations;

(16)

The location and ownership of adjacent properties;

(17)

If it is the intent to use groundwater under the land, a licensed engineer registered to practice in Texas must certify that adequate groundwater is available to serve the development, and

(18)

Location of refuse site (dumpster) and screening for it.

(D)

Supplemental requirements. The staff, at its sole discretion, may require other information and data for specific site plans. This data may include but is not limited to geologic information, water yields, flood data, environmental information, traffic analysis, road capacities, market information, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, and similar information. Approval of a site plan may establish conditions for construction based on such information.

(E)

Principles and standards for site plan review. The following criteria have been set forth as a guide for evaluating the adequacy of proposed development in the City of Luling. The City staff shall review the site plan for compliance with all applicable Ordinances and the Comprehensive Master Plan; as a means to assure harmony with surrounding uses and the overall plan for development of the City of Luling; as well as for the promotion of the health, safety, order, efficiency, and economy of the City; and for the maintenance of property values and the general welfare.

Based upon its review, the staff may approve, conditionally approve, request modifications, or deny the site plan based on evaluation of the site plan details with respect to:

(1)

The site plan's compliance with all provisions of the Zoning Ordinance and other ordinances of the City of Luling including but not limited to off-street parking and loading, lighting, open space, and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration, or heat.

(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, setbacks, maintenance of property values, and 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 and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for fire fighting and emergency equipment to buildings.

(7)

The coordination of streets and sidewalks so as to arrange a convenient system consistent with the Thoroughfare Plan of the City of Luling.

(8)

The use of landscaping and screening (1) to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and (2) to complement the design and location of buildings and be integrated into the overall site design.

(9)

Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection on adjacent properties.

(10)

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

(11)

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

(12)

Protection and conservation of water courses and areas subject to flooding.

(13)

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

(Ord. No. 2013-O-04, 3-14-2013)

(A)

The Planning Coordinator, or designee, shall review and approve, approve with conditions, or deny all site plans except for PD, CUP or other districts requiring public hearings. Any decision on a site plan with which the applicant disagrees may be appealed to the Planning and Zoning Commission as set forth in Section 10.014(B) below.

(B)

The city staff shall place the site plan on the regular agenda of the Planning and Zoning Commission within forty-five (45) days after the request for appeal. If recommended for approval by the Planning and Zoning Commission, the site plan shall be forwarded to the City Council for placement on next available agenda. If the site plan is recommended for denial by the Planning and Zoning Commission, the applicant must request the site plan be placed on the City Council's agenda within ten (10) days from the date the appeal was denied by the Planning and Zoning Commission. The City Council shall have final approval or disapproval on all site plans which are appealed.

(C)

Effect of site plan approval. If development of a lot with an approved site plan has not commenced within one (1) year of the date of final approval of the site plan, the site plan shall be deemed to have expired. Said review and approval shall be evaluated according to the standards above, taking into account all changes to applicable ordinances which have occurred subsequent to the prior approval of the site plan.

It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the Planning Coordinator shall have the authority to approve minor modifications of an approved site plan, provided that such modifications do not materially change the circulation and building location on the site, or any conditions specifically attached as part of a City Council approval.

(Ord. No. 2013-O-04, 3-14-2013)

Fees shall be as provided for in the fee schedule found in the Appendix C of the Code of Ordinances.

City Council to consider and set all fees to be assessed.

(Ord. No. 2013-O-04, 3-14-2013)