Magnolia City Zoning Code

CHAPTER 11

Permits and Procedures

Sec. 11-1-1.01 Purpose

The purpose of this Chapter is to set out all the City’s development approval procedures in one place, and to standardize them to the maximum practicable degree.

Effective on: 1/1/1901

Sec. 11-1-1.02 Application of Article

Generally. All procedures for obtaining approvals pursuant to this UDC, and for appealing decision of the Administrator or the Commission, are set out in this Article.

Required Permits and Approvals. This UDC establishes requirements for land development in the City of Magnolia. In Division 11-2-1, Required Permits and Approvals, the UDC sets out how land development is permitted, and which bodies are responsible for issuing the required permits.

Standards for Administrative Permits. As set out in Section 11-2-1.02, Administrative Permits, is the establishment of the criteria for issuance of administrative permits.

Standards for Public Meeting Permits. As set out in Section 11-2-1.03, Public Meeting Approvals, is the establishment of the criteria for issuance of public meeting permits.

Standardized Development Approval Procedures. As set out in Division 11-3-1, Standardized Development Approval Procedures, is a standard procedural framework for considering and deciding application for development approval.

Interpretations; Administrative Appeals; and Protests. As set out in Division 11-3-2, Interpretations; Administrative Appeals; and Protests, is the establishment of the standards and procedures for administrative interpretation of sections of this UDC and appeals of decisions of responsible officials or the Commission.

Text Amendments. As set out in Division 11-3-3, Text Amendments, is the procedures for amending the text of this UDC.

Fees. As set out in Division 11-3-5, Fees, is the establishment of a periodic fee schedule review.

Effective on: 1/1/1901

Sec. 11-2-1.01 Permit Required

Permits are required for development in the City of Magnolia. The required permits are set out in this Section.

Effective on: 1/1/1901

Sec. 11-2-1.02 Administrative Permits

Generally. Administrative permits are permits that are issued by the Administrator without a requirement for public meeting.

Administrative Permits Established. The administrative permits required by this UDC are set out in Table 11-2-1.02, Administrative Permits. Other development permits may also be required by State or Federal law, or the building code (see Chapter 14, Article II of the Code of Ordinances). Permits for activities in public rights-of-way are required by City’s Code of Ordinances.

Table 11-2-1.02 Administrative Permits
Permit	Required For	Timing	Exceptions	Issued By	Standards¹
Plats and Plans
Site Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	The construction of a single-family home on a single-family lot in an improved subdivision; agriculture; and forestry.	Administrator	See Sec. 11-2-2.01, Site Permit Requirements
Land Clearing Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	The construction of a single-family home on a single-family lot in an improved subdivision; agriculture; and forestry.	Administrator	Compliance with all applicable standards of this UDC and conditions of approval
Tree Removal Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	N/A	Administrator	Compliance with Section 8-2-1.02, Land Clearing and Tree Preservation, all applicable standards of this UDC; and conditions of approval
Administrative Plats	Minor modifications of existing parcels of land.	Prior to issuance of permits that allow for site clearing, grading, or construction.	Does not pertain to new streets or public improvements, change in the number of lots, developments more than one acre or five lots, lot size reductions below the minimum standard, or property not zoned for residential use.	Administrator	See Section 11-2-2.05, Administrative Plat.
Use Permits
Zoning Clearance Permit, Permitted Use	New land uses and changes in land use.	Prior to establishment of a permitted use.	None	Administrator	Article 2-2, Land Uses lists the permitted uses.
Temporary Use Permit, Public and Commercial Events	Public and commercial events with an expected peak attendance of less than 1,500 persons.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	Public and commercial events with an expected peak attendance of more than 1,500 persons require Commission approval.	Administrator	See Section 2-2-1.06, Temporary Uses.
Temporary Use Permit, Neighborhood Events	Neighborhood events including special events.	At least one week prior to the event.	Garage sales do not require a permit.	Administrator	See Section 2-2-1.06, Temporary Uses.
Right-of-Way Encroachment	Encroachments into the public right-of-way in the UP district.	Prior to issuance of a building permit.	Permitted encroachments are set out in Section 4-2-5.01, Unity Plaza (UP) District.	Administrator	See Section 4-2-5.01, Unity Plaza (UP) District.
Environmental Permits
Floodplain Development Permit	Construction and development within an area of special flood hazard or flood-related erosion hazard.	Prior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard.	None	Administrator	See Article 5-3, Floodplain Management and Flood Damage Prevention.
Floodplain Development Permit Waiver	Construction and development within an area of special flood hazard or flood-related erosion hazard.	Prior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard	A requested waiver of the requirements of Article 5-3, Floodplain Management and Flood Damage Prevention by the subdivider.	Joint approval of the Mayor, City Administrator, City Engineer, Administrator, and Building Official.	See Article 5-3, Floodplain Management and Flood Damage Prevention.
Drainage Plan	Prior to installation of drainage system.	Prior to commencement of land disturbance activity or construction.	Single-family homes or townhomes on individual lots in an improved subdivision.	City Engineer	See Section 5-4-1.03, Drainage Plan Required.
Other Permits
Sign Permit	Installation of a new or replacement sign.	Prior to installation of sign or sign mount.	Signs that do not require a permit, as set out in Section 6-1-1.03, Application.	Administrator	See Chapter 6, Signs and Lighting.
Building Permit	Construction, reconstruction, improvement, or repair of any building or structure for which a permit is required by applicable building codes.	Prior to commencement of construction.	None	Building Official	See Section 11-2-2.11, Building Permit and applicable building codes.
Certificate of Occupancy Permit	Occupancy of a building or structure.	Upon completion of construction or before chance in occupancy.	N/A	Administrator	Compliance with all applicable standards of this UDC; conditions of approval; and applicable building code requirements.
TABLE NOTE: ¹ Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC.

Table 11-2-1.02 Administrative Permits
Permit	Required For	Timing	Exceptions	Issued By	Standards¹
Plats and Plans
Site Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	The construction of a single-family home on a single-family lot in an improved subdivision; agriculture; and forestry.	Administrator	See Sec. 11-2-2.01, Site Permit Requirements
Land Clearing Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	The construction of a single-family home on a single-family lot in an improved subdivision; agriculture; and forestry.	Administrator	Compliance with all applicable standards of this UDC and conditions of approval
Tree Removal Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	N/A	Administrator	Compliance with Section 8-2-1.02, Land Clearing and Tree Preservation, all applicable standards of this UDC; and conditions of approval
Administrative Plats	Minor modifications of existing parcels of land.	Prior to issuance of permits that allow for site clearing, grading, or construction.	Does not pertain to new streets or public improvements, change in the number of lots, developments more than one acre or five lots, lot size reductions below the minimum standard, or property not zoned for residential use.	Administrator	See Section 11-2-2.05, Administrative Plat.
Use Permits
Zoning Clearance Permit, Permitted Use	New land uses and changes in land use.	Prior to establishment of a permitted use.	None	Administrator	Article 2-2, Land Uses lists the permitted uses.
Temporary Use Permit, Public and Commercial Events	Public and commercial events with an expected peak attendance of less than 1,500 persons.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	Public and commercial events with an expected peak attendance of more than 1,500 persons require Commission approval.	Administrator	See Section 2-2-1.06, Temporary Uses.
Temporary Use Permit, Neighborhood Events	Neighborhood events including special events.	At least one week prior to the event.	Garage sales do not require a permit.	Administrator	See Section 2-2-1.06, Temporary Uses.
Right-of-Way Encroachment	Encroachments into the public right-of-way in the UP district.	Prior to issuance of a building permit.	Permitted encroachments are set out in Section 4-2-5.01, Unity Plaza (UP) District.	Administrator	See Section 4-2-5.01, Unity Plaza (UP) District.
Environmental Permits
Floodplain Development Permit	Construction and development within an area of special flood hazard or flood-related erosion hazard.	Prior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard.	None	Administrator	See Article 5-3, Floodplain Management and Flood Damage Prevention.
Floodplain Development Permit Waiver	Construction and development within an area of special flood hazard or flood-related erosion hazard.	Prior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard	A requested waiver of the requirements of Article 5-3, Floodplain Management and Flood Damage Prevention by the subdivider.	Joint approval of the Mayor, City Administrator, City Engineer, Administrator, and Building Official.	See Article 5-3, Floodplain Management and Flood Damage Prevention.
Drainage Plan	Prior to installation of drainage system.	Prior to commencement of land disturbance activity or construction.	Single-family homes or townhomes on individual lots in an improved subdivision.	City Engineer	See Section 5-4-1.03, Drainage Plan Required.
Other Permits
Sign Permit	Installation of a new or replacement sign.	Prior to installation of sign or sign mount.	Signs that do not require a permit, as set out in Section 6-1-1.03, Application.	Administrator	See Chapter 6, Signs and Lighting.
Building Permit	Construction, reconstruction, improvement, or repair of any building or structure for which a permit is required by applicable building codes.	Prior to commencement of construction.	None	Building Official	See Section 11-2-2.11, Building Permit and applicable building codes.
Certificate of Occupancy Permit	Occupancy of a building or structure.	Upon completion of construction or before chance in occupancy.	N/A	Administrator	Compliance with all applicable standards of this UDC; conditions of approval; and applicable building code requirements.
TABLE NOTE: ¹ Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC.

Effective on: 1/1/1901

Sec. 11-2-1.03 Public Meeting Approvals

Generally. Public meeting permits are permits that are issued by the City after compliance with the requirements of this UDC is determined at a public meeting.

Public Meeting Approvals Established. The public meeting permits approvals by this UDC are set out in Table 11-2-1.03, Public Meeting Approvals. Other development permits may also be required by State or Federal law, or the building code. Permits for activities in public rights-of-way are required by the City’s Code of Ordinances.

Table 11-2-1.03 Public Meeting Approvals
Permit	Required For	Timing	Exceptions	Issued By	Standards¹
No Public Hearing Required
Plats and Plans
Site Plan²	All new development; all redevelopment that involves the destruction of existing buildings; all alterations that involve expansions in floor area that effect parking ratio requirements. All alterations that effect any of the building elevations in public view regardless of expansion	Prior to building permit or site permit.	Single-family dwellings on individual lots	Commission	See Sec. 11-2-3.01, Site Plan Requirements.
Preliminary Plat	Subdivision of land and prior to submission of detailed construction drawings of all subdivision improvements.	Prior to commencement of land disturbance activity and final plat approval, installation of public improvements, and issuance of applicable permits.	The approval of the preliminary plat shall lapse unless a final plat is submitted within two years from the date of such approval, unless an extension of time is applied for and granted by the Commission.	Commission	See Section 5-1-4.04, Preliminary Plats.
Final Plat	Subdivision of land and acceptance of public improvements	Within two years from the date of preliminary plat approval, unless an extension of time is applied for and granted by the Commission.	Failure of the subdivider to pay the fees to record the plat within 30 days after approval shall render the final plat null and void.	Commission and City Council	See Section 5-1-4.05, Final Plats.
Public Hearing Required
Use Permits
Conditional Use Permit	New conditional uses; changes to a conditional use; material changes to or expansion of a conditional use.	Prior to establishment or modification of a conditional use.	None	City Council, upon recommendation of the Commission	See Section 2-2-1.05, Conditional Uses and Section 11-2-3.04, Conditional Use Permit.
Plats and Plans
Major Modifications of Plats; Change of Subdivision Name	Major changes to an approved plat (preliminary or final plats).	Prior to the construction or development that is within the area proposed to be modified.	Minor changes to a plat or parcel line may be permitted by the Administrator.	Commission and City Council	See Section 5-1-4.03, Major Modifications of Plats; Change of Subdivision Name.
Text and Map Amendments
Text Amendments	Amendments to the text of this UDC.	N/A	A petition from those listed in Chapter 10, Administrative Bodies.	City Council, upon recommendation of the Commission	See Section 11-2-3.06, Text Amendments.
Zoning Change (rezoning)	Changing the zoning district of a parcel from one district to another.	Prior to any change in land use other than those that are permitted in the respective zoning district.	None	City Council, upon recommendation of the Commission	See Section 11-2-3.07, Zone Change (Rezoning).
Variances and Appeals
Variance	Deviation from the standards of this UDC.	Prior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variances.	Prohibited uses shall not be allowed by variance.	Board of Adjustment	See Section 12-1-1.02, Variances.
Administrative Appeal	Appeals from decisions of City staff.	Within 10 days of the decision appealed.	None	Board of Adjustment	See Section 12-1-1.03, Administrative Appeals.
Appeals to City Council	Appeals from decisions of the Commission	Within 10 days of the decision appealed.	None	City Council	See Section 12-1-1.04, Appeals to City Council.
TABLE NOTE: ¹ Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC. ² Site Plan permit includes design review.

Table 11-2-1.03 Public Meeting Approvals
Permit	Required For	Timing	Exceptions	Issued By	Standards¹
No Public Hearing Required
Plats and Plans
Site Plan²	All new development; all redevelopment that involves the destruction of existing buildings; all alterations that involve expansions in floor area that effect parking ratio requirements. All alterations that effect any of the building elevations in public view regardless of expansion	Prior to building permit or site permit.	Single-family dwellings on individual lots	Commission	See Sec. 11-2-3.01, Site Plan Requirements.
Preliminary Plat	Subdivision of land and prior to submission of detailed construction drawings of all subdivision improvements.	Prior to commencement of land disturbance activity and final plat approval, installation of public improvements, and issuance of applicable permits.	The approval of the preliminary plat shall lapse unless a final plat is submitted within two years from the date of such approval, unless an extension of time is applied for and granted by the Commission.	Commission	See Section 5-1-4.04, Preliminary Plats.
Final Plat	Subdivision of land and acceptance of public improvements	Within two years from the date of preliminary plat approval, unless an extension of time is applied for and granted by the Commission.	Failure of the subdivider to pay the fees to record the plat within 30 days after approval shall render the final plat null and void.	Commission and City Council	See Section 5-1-4.05, Final Plats.
Public Hearing Required
Use Permits
Conditional Use Permit	New conditional uses; changes to a conditional use; material changes to or expansion of a conditional use.	Prior to establishment or modification of a conditional use.	None	City Council, upon recommendation of the Commission	See Section 2-2-1.05, Conditional Uses and Section 11-2-3.04, Conditional Use Permit.
Plats and Plans
Major Modifications of Plats; Change of Subdivision Name	Major changes to an approved plat (preliminary or final plats).	Prior to the construction or development that is within the area proposed to be modified.	Minor changes to a plat or parcel line may be permitted by the Administrator.	Commission and City Council	See Section 5-1-4.03, Major Modifications of Plats; Change of Subdivision Name.
Text and Map Amendments
Text Amendments	Amendments to the text of this UDC.	N/A	A petition from those listed in Chapter 10, Administrative Bodies.	City Council, upon recommendation of the Commission	See Section 11-2-3.06, Text Amendments.
Zoning Change (rezoning)	Changing the zoning district of a parcel from one district to another.	Prior to any change in land use other than those that are permitted in the respective zoning district.	None	City Council, upon recommendation of the Commission	See Section 11-2-3.07, Zone Change (Rezoning).
Variances and Appeals
Variance	Deviation from the standards of this UDC.	Prior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variances.	Prohibited uses shall not be allowed by variance.	Board of Adjustment	See Section 12-1-1.02, Variances.
Administrative Appeal	Appeals from decisions of City staff.	Within 10 days of the decision appealed.	None	Board of Adjustment	See Section 12-1-1.03, Administrative Appeals.
Appeals to City Council	Appeals from decisions of the Commission	Within 10 days of the decision appealed.	None	City Council	See Section 12-1-1.04, Appeals to City Council.
TABLE NOTE: ¹ Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC. ² Site Plan permit includes design review.

(Ord. No. O-2017-027, 11/14/2017; Ord. No. O-2020-012, 04/14/2020)

Effective on: 4/14/2020

Sec. 11-2-2.01 Site Permit Requirements

Generally. A site permit is required as set out in Section 11-2-1.02, Administrative Permits. By way of example and not limitation, development activities that require a site permit include, but are not limited to:

Tree removal in excess of:
1. Three canopy trees within a one calendar year period; or
2. If the parcel or lot contains more than one acre of tree canopy, three canopy trees per acre within the tree canopy within a one calendar year period.
Any excavation, fill, or earthmoving involving an earthwork volume greater than 10 cubic yards.
Construction, paving, or re-paving of any driveway, private street, parking lot, sidewalk or path.
Construction of any paved surface larger than 100 square feet in area.
Construction or installation of any sewer, pipe, swale, or ditch for drainage purposes, except footing tiles or roof drainage interior to a structure.
Installation of any exterior lighting for any site or use except single-family, two-family, or three-family dwelling units.

Application. Applications for approval of a site permit shall be on a form approved by the Administrator.

Decision Criteria. A site permit shall be issued if the Administrator finds that:

All applicable requirements of this UDC have been met; and
If any State or Federal approvals are required, said approvals have been granted.

Permit Conditions. All site permits are issued upon the following conditions:

The applicant shall notify the Administrator at least five days before beginning any land disturbing activity.
The applicant shall install and maintain all erosion control measures.
The applicant shall maintain all road drainage systems, storm water drainage systems and other facilities.
The applicant shall remove sediment resulting from land disturbing activities from adjacent surfaces and/or drainage courses.
The applicant shall allow the Administrator or designee to enter the site to verify compliance or to perform any work necessary to bring the site into compliance with approved permit.
The applicant shall submit a revised site permit for approval if the nature of the project changes from that proposed under the approved permit.

Effective on: 1/1/1901

Sec. 11-2-2.02 Certificate of Occupancy Permit Requirements

Generally.

No building may be occupied in the City without a certificate of occupancy permit as required by this Section. After the Effective Date of this UDC no change in the use of occupancy of land, nor any change of use or occupancy in any existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the Administrator.
No building or premises shall be occupied until a certificate of occupancy and permit is issued.

Application. Each application for a certificate of occupancy permit shall be accompanied by a plat in duplicate, drawn to scale, showing the name of the person making the application, the actual dimensions of the lot to be built upon, the size, shape, and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of this UDC. A record of applications and plats shall be kept in the office of the Administrator.

Decision Criteria. Certificate of occupancy permits shall be issued only upon a finding that all requirements of this UDC, conditions of approval, and applicable building code requirements are met.

Records. A record of all certificates of occupancy shall be kept on file in the office of the Administrator and copies shall be furnished on request to any interested person.

Effective on: 1/1/1901

Sec. 11-2-2.03 Land Clearing Permit Requirements

Generally. A land clearing permit is required as set out in Section 11-2-1.02, Administrative Permits, to conserve natural resources and to prevent certain activities resulting in adverse impacts to the City.

Application. Application for an administrative land clearing permit shall be made on a form approved by the Administrator for development, redevelopment or substantial improvement of an existing property, and shall be accompanied with an official tree survey prepared by a licensed State arborist, landscape architect, or landscape contractor showing the following in duplicate, drawn to scale, showing the name of the person making the application, the actual dimensions of the property to be cleared, the property boundaries, access points to public roads, the limits of the land clearing, and such other information as may be necessary to provide for the enforcement of this UDC.

Decision Criteria. An administrative land clearing permit shall be approved if it is demonstrated that the activities carried out are in accordance with the Texas Forestry Best Management Practices.

Effective on: 1/1/1901

Sec. 11-2-2.04 Tree Removal Permit

Generally. An administrative tree removal permit is required for the removal of any protected trees, up to and including a maximum of 10 protected trees. Generally, permits for tree removal shall be issued in connection with a building permit, or upon approval of a site permit, and shall be valid for the period of that building permit’s or site permit’s term. Permits for tree removal not issued with a building permit or a site permit are void 180 days after the issue date on the permit.

Application. Applications for an administrative tree removal shall be made on a form approved by the Administrator and shall be accompanied by a tree location map and site plan showing, at a minimum, the following:

The location of all buildings, structures, and other improvements that are proposed. The limits of the construction lines shall be shown as applicable.
The location of trees to be removed, located by measurements from the two nearest property lines and assigned a reference number.
The caliper and common name of all protected trees.
Any required replacement trees, shown with caliper size and the common name and scientific name of the tree. The scientific name will include Genus and species (e.g., Ulmus Americana).

Decision Criteria. An administrative tree removal permit shall be approved if it is demonstrated that:

Removal of the tree is reasonably required in order to conduct anticipated activities; or
A reasonable accommodation cannot be made to preserve the tree.

Effective on: 1/1/1901

Sec. 11-2-2.05 Administrative Plat

Generally. Notwithstanding other provisions of this UDC or other laws to the contrary, the administrative procedures for approving or certifying certain plats involving minor modifications of existing parcels of land are established in this Section.

Qualifications. The categories of modifications that qualify for administrative approval or certification are as follows:

The realignment or shifting of lot boundary lines, including removal, alignment, or shifting of interior lot boundary lines, or the re-designation of lot numbers provided the application meets the following requirements:
1. Does not involve the creation of any new street or public improvement;
2. Does not increase the number of lots of record;
3. Does not involve more than five lots of record;
4. Does not reduce a lot size below the minimum area or dimension requirements established by Section 3-1-1.02, New Neighborhoods, or in certain instances, Section 3-1-1.03, Established Neighborhoods;
5. Does not involve more than one acre;
6. The property must be zoned RE, SR, SU or NC; and
7. Otherwise meets all the requirements of Article 5-1, Subdivision Design and Land Development.
Parcels of land where a portion has been expropriated or has been dedicated, sold, or otherwise transferred to the City thereby leaving a severed portion of the original property which requires a re-designation of lot number and establishment of new lot boundary lines.

Notation. All plats approved or certified by an administrative procedure provided for in this Section shall note such fact on the plat, which shall be recorded in the conveyance records of the Montgomery County Clerk of Court. Any plat so approved shall have the same force and effect and legal status of a subdivision application approved by the established legislative process.

Procedure.

Application. Applicant shall submit an application for an administrative subdivision, which are available at City Hall.
Submittal. Submittal requirements shall be the same as those of a standard subdivision (preliminary or final plat).
Fees. All plats submitted for administrative approval shall be accompanied by a fee as set out in the City’s established fee schedule, as amended from time to time.
Commission Review. The Administrator may, upon review of the submittal, at his/her discretion, require that the request go through the standard subdivision process with the review and decision being made by the Commission.

Effective on: 1/1/1901

Sec. 11-2-2.06 Zoning Clearance Permit, Permitted Use

Generally. Zoning clearance is an administrative procedure in which the Administrator verifies that an application for development approval of a permitted use, or a building or structure that is permitted without site plan approval, complies with the requirements of this UDC. Zoning clearance permits may be issued simultaneously with building permits or other required permits.

Decision. The Administrator shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 11-2-2.07 Temporary Use Permit

Generally. Administrative approval of temporary use permits are applicable to public and commercial events with an expected peak attendance of less than 1,500 persons and for neighborhood events, as set out in Section 2-2-1.06, Temporary Uses.

Approval Criteria. Temporary use permits shall be administratively approved if it is demonstrated that they meet the applicable substantive requirements of this UDC, particularly those specified for the proposed use in Section 2-2-1.06, Temporary Uses.

Procedure. Applications for administrative approval of temporary use permits are processed according to the sequential steps set out in Section 11-3-1.02, Pre-Application Conference, through Section 11-3-1.05, Administrative Review, and shall be referred to other departments and agencies, as applicable, and then decided by the Administrator as set out in Section 11-2-1.02, Administrative Permits.

Decision. The Administrator shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 11-2-2.08 Floodplain Development Permit

Generally. All development proposed within a special flood hazard area (SFHA) and all development constructed, installed, commenced, improved, or maintained within a SFHA after the effective date (to the extent permitted by this UDC), is required to obtain a floodplain development permit from the Administrator, in accordance with the procedures established in this Section, and the applicant for approval of such development shall pay the fee established by the City Council.

Standards for Issuance. Approval or denial of a floodplain development permit by the Administrator, or an appointee, shall be based on all applicable provisions of Article 5-3, Floodplain Management and Flood Damage Prevention, and the following relevant factors:

The danger to life and property due to flooding or erosion damage;
The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner;
The danger that materials may be swept onto other lands to the injury of others;
The compatibility of the proposed use with existing and anticipated development;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
The costs of providing governmental service during and after flood conditions, including maintenance and repair of streets and bridges and public utilities and facilities such as sewer, gas, electrical and water systems;
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site;
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
The relationship of the proposed use to the master plan and/or comprehensive plan for that area.

Procedure. Floodplain development permits are processed by the Administrator, or an appointee, who may accept the review, comment, and recommendations of the City Engineer and others, as applicable.

Permit Issuance. No permit for any construction or development in any flood hazard area shall be issued until a floodplain development permit has been issued by the Administrator.

Effective on: 1/1/1901

Sec. 11-2-2.09 Floodplain Development Permit Waiver

Generally. The provisions of Article 5-3, Floodplain Management and Flood Damage Prevention, set out methods for reducing flood losses, the basis for establishing special flood hazard areas (SFHA), requirements and compliance standards for floodplain development permits, and standards and requirements for construction in SFHAs. Further, a fill plan and “finished grade verification” form are required for approval for placing fill on property within the City limits and scheduling a foundation inspection.

Waiver of Requirements. On certain properties and under certain conditions or circumstances, the standards and requirements of Article 5-3, Floodplain Management and Flood Damage Prevention, may not be warranted or required. In these circumstances, an applicant may request of waiver from the requirements of this Article.

Procedure. A waiver of any of the standards or requirements of Article 5-3, Floodplain Management and Flood Damage Prevention, requires joint approval, in writing, of the Mayor or a designee, City Administrator, City Engineer, Administrator, and Building Official.

Effective on: 1/1/1901

Sec. 11-2-2.10 Drainage Plan

Generally. Every proposed development must have a drainage system that shall be designed by a registered engineer and constructed by the subdivider, as set out in Article 5-4, Storm Water Management. The subdivider shall be responsible to design and construct drainage facilities to retain/detain storm water to provide a 10 percent reduction in runoff from pre-construction conditions. The design considerations for the drainage system are set out in Section 5-4-1.02, Drainage System.

Procedure.

A drainage report and plans shall be prepared by a registered engineer engaged by the subdivider for any land that is proposed to be subdivided, developer, improved, or used to build any residential, commercial, or industrial development or subdivision. The study and report shall be submitted to the Administrator, together with subdivision or site plan applications and the fee(s) established by the City Council.
The Administrator shall transmit the drainage study and report to the City Engineer and other applicable review, approval, or implementing agencies.
Prior to authorization of any building permit, the City Engineer shall review and approve the drainage report and plans as set out in Section 5-4-1.03, Drainage Plan Required. The City Engineer shall have final authority of engineer interpretations of all required submittals necessary to this UDC, and shall report the findings to the Administrator for appropriate action regarding the subdivision or site plan applications.
Sufficient inspections shall be made to ensure compliance with the specifications set out in this UDC and other applicable regulations and ordinances. A registered engineer, employed by the subdivider and approved by the City Engineer, may certify in writing to the City Engineer that such engineer has inspected each phase of the construction of the storm drainage improvements and certified that they meet the requirements and standards of this UDC and all other applicable regulations and ordinances of the City, as well as other applicable review, approval, or implementing agencies. The City Engineer shall make a final inspection of the storm drainage improvements before accepting the improvements for dedication to the City for permanent maintenance.

Enforcement. No zoning clearance permit or building permit shall be issued for any new building or development without a written statement from the City Engineer stating that the storm drainage facilities and improvements meet all of the requirements of this UDC and other applicable regulations and ordinances.

Effective on: 1/1/1901

Sec. 11-2-2.11 Building Permit

Generally. Procedure shall be according to the procedures set out in the applicable uniform building code and UDC.

Building Permits Required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit, issued by the Building Official. Nor shall any manmade change begin on improved or unimproved real estate including, but not limited to, mining, dredging, filling, grading, paving excavations, or drilling operations, without a permit, issued by the Building Official. No building permit shall be issued except in conformity with the provisions of this UDC except after written order from the BOA.

Application. All applications for building permits shall be accompanied by plans in duplicate, drawn to a scale of not less than one-eighth inch to one foot, showing the actual dimensions and shape of the lot to be built upon; the exact size and location of the buildings already existing, if any; and for the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Building Official including existing or proposed building or alteration; existing rental units the building is designated to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for enforcement of this UDC.

Standards for Issuance. The Building Official issues building permits upon a finding that the proposed building or structure, or improvements to an existing building or structure, complies with:

Approved plans for development (e.g., site plans), or in the absence of a requirement for previously approved plans, this UDC (including but not limited to setbacks, building coverage, height, and design); and
All applicable uniform building codes.

Decision. Decisions shall be rendered according to the procedures set out in the applicable uniform building code.

Plans. One copy of the plans shall be returned to the applicant by the Building Official after he or she has marked the copy as approved or disapproved and attested to same by his or her signature on the copy. The second copy of the plans, similarly marked, shall be retained by the Building Official.

Expiration.

If the work described in any building permit has not begun within 90 days from the date of issuance, the building permit shall expire and be cancelled by the Building Official. Written notice shall be given to the persons affected.
If the work described in any building permit has not been substantially completed within one year of the date of issuance, the building permit shall expire and be cancelled by the Building Official. Written notice shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a special building permit has been obtained.

Effective on: 1/1/1901

Sec. 11-2-2.12 Right-of-Way Encroachment

Generally. Within the UP District, encroachments into the public right-of-way are permitted subject to the standards set out in Section 4-2-5.01, Unity Plaza (UP) District, Subsection C.

Approval Criteria. Right-of-way encroachments may be approved by the Administrator if it is demonstrated that they meet the substantive requirements of this UDC. Right-of-way encroachments are not subject to variance.

Procedure. Applications for right-of-way encroachments are processed according to the sequential steps set out in Section 11-3-1.02, Pre-Application Conference, through Section 11-3-1.05, Administrative Review, and shall be referred to other departments and agencies, as applicable, and then decided by the Administrator as set out in Section 11-2-1.02, Administrative Permits.

Effective on: 1/1/1901

Sec. 11-2-2.13 Sign Permit

Generally. A sign permit is required as set out in Section 6-1-1.03, Application. Set out in Chapter 6, Signs and Lighting, is the regulations about the height and area of signs, which vary by the type of sign. If a proposed sign meets all standards of this UDC, then the Administrator will issue the sign permit.

Procedure. Sign permits are an administrative procedure in which the Administrator verifies that an application for approval of a sign complies with the requirements of Chapter 6, Signs and Lighting. Sign permits may be issued simultaneously with building permits or other required permits.

Effective on: 1/1/1901

Sec. 11-2-3.01 Site Plan Requirements

Generally. The standards of this Section are applied to site plans. Site plans are required as provided in Table 11-2-1.03, Public Meeting Approvals.

Application. Applications for approval of a site plan shall be on a form approved by the Administrator.

Decision Criteria.

The proposed development or structure meets all of the requirements of this UDC.
The proposed project, building or development does not place an undue burden upon public facilities or infrastructure, including but not limited to:
1. Inefficient street networks causing undue congestion of streets and traffic access;
2. Building and parking arrangements that would overcrowd land or overburden public facilities and services such as transportation, sewage, drainage, schools, parks, fire or police protection, and other public facilities and services; or
3. Inadequate pedestrian ways.

Conditions of Approval. The Commission may impose conditions of approval as may be necessary to ensure compliance with this UDC.

Effective on: 1/1/1901

Sec. 11-2-3.02 Preliminary Plat

Pre-Application Conference. Whenever any subdivision of land is proposed, the subdivider or the subdivider’s agent or representative is encouraged to discuss the project with the Administrator prior to submitting a preliminary plat.

Procedures. The subdivider shall have a preliminary plat prepared by a registered engineer, together with improvements, plans, and other materials as may be required by the City, which is provided with the application available at City Hall. The procedure for review and approval of a preliminary plat consists of the following:

After a pre-application conference, as applicable, prepare and submit to the Administrator for the review, consideration, and tentative approval of the Commission a preliminary plat of the proposed subdivision;
After tentative approval of the preliminary plat by the Commission, the Administrator will provide the tentatively approved preliminary plat to the Commission Chairperson, who has 14 days after receiving the decision of the Commission to sign the plat.
After tentative approval of the preliminary plat, submit detailed construction drawings for the review, consideration, and approval of the City Engineer that are in accordance with this UDC and all other standards and requirements of the City;
After approval of the detailed construction drawings by the City Engineer, either construct the improvements for the inspection and approval of the City Engineer, or an appointee, or post a performance bond that assures that all improvements will be completed per the approved detailed construction drawings;
After tentative approval of the Commission and City Engineer, the preliminary plat is approved. Approval of the preliminary plat does not constitute acceptance or approval of the final plat;
After acceptance of the preliminary plat, submit an application for final plat within two years from the date of preliminary plat approval, or request an extension of time from the Commission. The approval of the preliminary plat shall lapse unless a final plat is submitted within two years from the date of preliminary plat approval; and
The third step is the preparation and submission of the final plat together with required certificates to the Commission. This final plat becomes the instrument to be recorded in the office of the Clerk of Court, Montgomery County, when duly signed by the chairperson of the Commission.

Effective on: 1/1/1901

Sec. 11-2-3.03 Final Plat

Generally. A final plat is required for submittal upon review by the Administrator and approval by the Commission of a preliminary plat. Based on its consistency and conformance with the preliminary plat, the Commission may disapprove a final plat or approve the final plat pending required changes.

Procedures. The subdivider shall have a final plat prepared by a registered engineer within two years from the date of preliminary plat approval, or request an extension of time from the Commission. The procedure for review and approval of a final plat consists of the following:

After approval of the detailed construction drawings by the City Engineer, a final plat application may be submitted. The final plat shall conform substantially to the approved preliminary plat. The final plat may constitute only a portion of the approved preliminary plat that is proposed to be recorded and developed; provided, however, that such portion conforms substantially to all requirements of this UDC and other standards and requirements of the City.
After submission of a final plat application:
1. The Commission shall review and approve or disapprove the final plat with a recommendation to City Council.
2. After review by the Commission, City Council shall approve or disapprove the final plat.
3. Within 30 days after receipt of the plat the Mayor and Commission Chairperson shall sign the plat.
4. Failure by the City to act on this final plat within these 30 days shall be deemed approval of it. If the plat is disapproved, the grounds for disapproval shall be stated upon the records in writing.
After approval of the final plat, submit the following certificates that shall be on each sheet that is filed with the Montgomery County Clerk of Court.
1. Certificate showing the applicant is the landowner and dedicates street and other rights-of-way and any sites for public use;
2. Certification by a registered land surveyor as to the accuracy of the survey and plat and the placement of monuments;
3. Certification by the City Engineer as to the sewage disposal and water systems;
4. Certification by the City Engineer, or any other official or body authorized by law to act prior to the approval of the plat, that the subdivider has complied with one of the following alternatives:
  1. Installation and an acceptable inspection by the City Engineer, or an appointee, of all improvements in accordance with the requirements of the UDC and the detailed construction drawings; and
  2. Posting of a performance bond in sufficient amount as to assure the completion of all required improvements and detailed construction drawings as approved by the City Engineer. For any bond there shall be submitted with the plat a certificate of the City Attorney as to the sufficiency of the bond offers, which shall be no less and may be more than 100 percent of the estimated contract amount.
5. Certification of approval to be signed by the Chairperson of the Commission.
After approval of the final plat and submission of the required certifications:
1. Submit a film positive of the approved final plat, with any corrections and/or changes required by the Commission, to the Administrator.
2. The Applicant shall provide a minimum of two blue-line prints of the approved final plat to the Administrator who will obtain the signatures of the City Engineer, Commission Chairperson, and Mayor on the film positive and prints.
3. The Administrator shall mail, by U.S. Certified mail/return receipt requested, all signed blue-line prints and film positive of the final plat to the applicant within 10 days of the latest date on the final plat signatures.
4. The Applicant shall have the plat duly recorded in the office of the Property Records Clerk of Montgomery County, Texas.
5. After the recording of the final plat, the Applicant shall distribute the copies of the recorded final plat, which shall show all signatures and the file number of the Clerk of Court, as follows:
  1. PDF copies of each page of the final plat shall be emailed to the Administrator and City Engineer;
  2. Two blue-line prints shall be returned to the Administrator, or an appointee by U.S. Certified Mail.
  3. If the return receipt is not received within 30 calendar days of the date of mailing of the copies, the Applicant shall notify the Administrator verbally or in writing, and two additional copies of the recorded, signed final plat shall be mailed to the Administrator by U.S. certified mail, return receipt requested, and these actions shall also be noted on the permanent record of the subdivision. This procedure shall be repeated until a signed return receipt has been received by the Administrator.
6. Failure by the subdivider to pay the fee specified in Subsection 4.a. above, within 30 days after approval of the final plat, the subdivider having been duly notified of the approval, shall render the final plat null and void and the subdivider shall be so notified by the Administrator by U.S. certified mail, return receipt requested. This action shall be so noted on the permanent record of the subdivision request.
If approval of the final plat is contingent upon an agreement to be affected after discussion between the subdivider and any department of the City, and such agreement is not reached or is not expected to be reached within the 30-day period required in Section 4.e. above, the Commission may, but does not have to, extend, once only, the final date on which the subdivider must pay the fee specified in Subsection 4.a. above, to avoid the final plat becoming null and void by not more than 30 days, upon a favorable vote on such action by a majority of the authorized membership of the Commission in a convened legal session.

(Ord. No. O-2020-012, 04/14/2020)

Effective on: 4/14/2020

Sec. 11-2-3.04 Conditional Use Permit

Generally. A conditional use is a use that is allowed within a zoning district, but which is subject to specific standards and a public meeting process in order to reduce the potential for incompatibility with other uses within the district. These uses commonly have the potential for various adverse impacts such as traffic congestion, noise, visual and aesthetic impacts, which if unmitigated, could undermine the integrity of the zoning district. The designation of a conditional use means that it is only allowed in a proposed location if all of the conditions applicable to the use, set out in Section 2-2-1.05, Conditional Uses, the general standards of Subsection C., below, and all of the other applicable requirements of this UDC or conditions of the Commission are met.

Criteria for Approval. In addition to the applicable standards of this UDC, including those set out in Section 2-2-1.05, Conditional Uses, all conditional uses shall comply with the following standards:

The conditional use shall not be of a type that would tend to undermine the implementation of an adopted plan that includes the parcel proposed for development.
The conditional use shall be compatible with surrounding land uses and the natural environment, and will not materially detract from the character of the immediate area or negatively affect the planned or anticipated development or redevelopment trajectory.
There is no practicable alternative location where the use is permitted as-of-right within 1,000 feet of the parcel proposed for development, or, if such a location exists, the proposed location is more favorable in terms of:
1. Providing a needed community service;
2. Providing a critical mass of jobs that are likely to pay more than the median wages for the region;
3. Providing a balance of land uses, ensuring that appropriate supporting activities, such as employment, housing, leisure-time, and retail centers are in close proximity to one another; or
4. Making more efficient use of public infrastructure, such as off-peak street capacity.
The approval of the conditional use will not create a critical mass of similar conditional uses that is likely to discourage permitted uses by making the vicinity less desirable for them.
The conditional use and any conditions of development shall adequately protect public health and safety against natural and man-made hazards which include, but are not limited to, traffic noise, water pollution, airport hazards, and flooding.
The conditional use will not use an unfairly disproportionate share of public services that would compromise the delivery of those services to other uses in the vicinity. Applicable public services include, but are not limited to, utilities, police protection, fire protection, schools, parks, and libraries.

Procedure. In issuing a conditional use permit, applications are processed according to the sequential steps set out in Section 11-3-1.02, Pre-Application Conference, through Section 11-3-1.06, Public Notice, and shall be referred to other departments and agencies, as applicable, and then decided by the City Council, upon the recommendation of the Commission, as set out in Section 11-2-1.03, Public Meeting Approvals.

Decision; Conditions of Approval. The Administrator may recommend, and the Commission may attach, conditions of approval to the conditional use in order to mitigate its impacts (or reasonably foreseeable impacts) such that it complies with the criteria of Subsection B., above, and/or to assure and monitor continued compliance with this UDC. Conditions shall be roughly proportional to the impacts to which they are addressed, taking into account the mitigating effects of applicable requirements set out in Section 2-2-1.05, Conditional Uses. The subject matter of conditions, by way of illustration and not limitation, may include:

Additional landscaping or buffering, or landscaping improvements;
Building or façade improvements;
Specification of hours of operation;
Limitations on the use or related activities;
Noise abatement measures;
Limitations on lighting, such as lighting curfews or restrictions on levels of illumination;
Measures to control, mitigate, or direct traffic;
Parking, loading, and site circulation adjustments;
Restrictions on outdoor displays, sales, or storage;
Standards and assurances regarding the maintenance of property;
Restrictions on signage that relate only to the sign structure, materials, lighting, placement, size, or type, but not to the content of messages displayed (unless such messages are not protected speech); and
An expiration date for the permit, before which the permit must be renewed in order for the conditional use to continue to operate.

Annotation of Official Zoning Map. If the application is approved, the Official Zoning Map shall be annotated to reference the approval by case number.

Effective on: 1/1/1901

Sec. 11-2-3.05 Major Modifications of Plats; Change of Subdivisions Name

Generally. Major modifications of plat are any modifications that are not considered minor are set out in Section 11-2-2.05, Administrative Plat.

Approval Required. The Commission approval.

Application Procedure and Materials for Major Modifications. Applications for a major modification shall require, at a minimum, the following information:

A copy of the plat proposed to be modified;
A sketch drawing that includes enough detail to show the context of the subdivision with respect to abutting property within 300 feet of any lot line;
A proposed plat containing the proposed parcel or lot lines, which demonstrates compliance with this UDC; and
If site drainage is affected by the modification, a drainage plan.

Application Procedure and Materials for Change of Subdivision Name. Applications for a change of subdivision name (without other modifications) shall require, at a minimum, the following information:

A petition by all owners of lots in the subdivision;
A copy of the revised plat, which shall be the same as the existing plat, but with the following additional text appearing on its face:
1. “This is an existing approved subdivision that is filing for a name change only. Approved by the Planning and Zoning Commission on _______ (date) _______”; and
2. A signature line for the Planning and Zoning Commission Chairperson.

Effective on: 1/1/1901

Sec. 11-2-3.06 Text Amendments

Generally. The City Council may amend the text of this UDC in accordance with the procedures set forth in this Section and Division 11-2-3, Standards for Public Meeting Permits, to implement the Comprehensive Plan, as may be amended from time to time, conform to State or Federal legal requirements, address changing or changed conditions, or otherwise advance the public health, safety, and welfare of the City.

Initiation of Amendment. Petitions for amendments to this UDC shall be made to the Administrator. The City Council and any other body that is described in Chapter 10, Administrative Bodies, may initiate an amendment by motion.

Criteria for Text Amendments. Recommendations and decisions regarding petitions for amendments to text of this UDC are legislative in nature, but shall be based on consideration of all the following criteria:

The proposed amendment will help to implement the adopted Comprehensive Plan, or, if it addresses a topic that is not addressed or not fully developed in the Comprehensive Plan, the proposed amendment does not impair the implementation of the adopted Comprehensive Plan when compared to the existing UDC.
The proposed amendment is consistent with the stated purposes of this UDC.
The proposed amendment will maintain or advance the public health, safety, or general welfare.
The proposed amendment will help to mitigate adverse impacts of the use and development of land on the natural or built environment, including, but not limited to mobility, air quality, water quality, noise levels, storm water management, wildlife protection, and vegetation; or will be neutral with respect to these issues.
The proposed amendment will advance the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.

Procedure. Text amendments are processed according to the sequential steps set out in Section 11-3-1.02, Pre-Application Conference, through Section 11-3-1.06, Public Notice, and shall be decided by the City Council after recommendation of the Zoning Commission, as set out in Section 11-2-1.03, Public Meeting Approvals. The Commission shall hold a public hearing. The procedure shall incorporate the following additional requirements:

Staff Review. The Administrator shall review each proposed amendment in light of the approval criteria of Subsection C., above, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Administrator shall provide a report and recommendation to the Commission.
Commission Recommendation.
1. The Commission shall hold a hearing on the proposed text amendment. Following the hearing, the Commission shall make a final report to the City Council.
2. If no final report is made within 45 days of the Commission's hearing, then the Commission may request an extension of time from the City Council. Such request shall be within the 45 day period. If no final report is made and no extension is granted, the City Council may act on the proposed amendment without a recommendation from the Commission.
3. Failure of the Commission to issue a final report to the City Council shall be interpreted as a final report with no recommendation.
4. Upon receiving the report of the Commission, the Administrator shall draft an ordinance, submit it to the City Attorney for approval as to form, and shall forward the ordinance to the City Council for consideration.
City Council Action. Upon receipt of the final report from the Commission, the City Council shall vote to approve, approve with amendments, or reject the proposed amendment, based on the approval criteria in Subsection C., above. The City Council also may refer the proposed amendment back to the Commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days (or shorter period if the application is being processed concurrently with a plat and the plat application is still pending at the time the amendment is postponed).

No Retroactive Cure of Violations. The amendment of the text of this UDC may transform a legally nonconforming situation into a conforming one. However, no petition for a text amendment shall be used to cure a violation of any part of this UDC.

Effective on: 1/1/1901

Sec. 11-2-3.07 Zone Change (Rezoning)

Generally. The boundaries of any zoning district in the City may be changed, or the zone classification of any parcel of land may be changed, as provided in this Section.

Initiation of Zone Change.

A zone change (rezoning) may be initiated by the owner of the property to be rezoned or their authorized agent or representative, the City Council, the Commission, or by the Administrator. Zone change applications by property owners and their agents or representatives shall be submitted on a form approved by the Administrator, which is available at City Hall.
The Administrator may require the submission of such other information as may be necessary to permit the informed exercise of judgment under the criteria for the review of a zone change application. Such information shall be related to the scale, location, and impacts of the zone change application and may include, by way of illustration and not limitation, analysis of the capacity of the land to support development (e.g., soil characteristics and hydrology) or the additional impacts (or reduction in impacts) that may be created by changing the district designation, in terms of: traffic (trip generation), drainage (flooding), visual, aesthetic, and land use adjacency impacts, water and wastewater use and availability, and other information determined by the City as necessary to make an informed analysis and decision.

Criteria for Approval. The Commission may recommend approval, and City Council may grant the approval of a zone change request if it is demonstrated that:

The proposed zoning is preferable to the existing zoning in terms of its likelihood of advancing the goals, objectives, and policies of the Comprehensive Plan or another adopted land use or area plan, including but not limited to redevelopment plans;
The proposed zoning is consistent with the future land use plan of the Comprehensive Plan (a future land use plan amendment may be processed concurrently with the zone change);
The proposed change is consistent with the implementation of existing or pending plans for providing streets, water and wastewater, other utilities, and the delivery of public services to the area in which the parcel proposed for a zone change is located;
The range of uses and the character of development that is allowed by the proposed zone will be compatible with the properties in the immediate vicinity of the parcel proposed for a zone change, and the parcel proposed for a zone change has sufficient dimensions to accommodate reasonable development that complies with the requirements of this UDC, including parking and buffering requirements; and
The pace of development and/or the amount of vacant land currently zoned for comparable development in the vicinity suggests a need for the proposed rezoning in order to ensure an appropriate inventory of land to maintain a competitive land market that promotes economic development.

Procedures. Applications for zone changes are processed according to the sequential steps set out in Section 11-3-1.02, Pre-Application Conference, through Section 11-3-1.06, Public Notice, and shall be referred to other departments and agencies, as applicable, and then decided by the City Council, upon the recommendation of the Zoning Commission, as set out in Section 11-2-1.03, Public Meeting Approvals. The Commission shall hold a public hearing. The procedure shall incorporate the following additional requirements, which supersede any conflicting provisions in Division 11-3-1, Standardized Development Review Procedures:

A pre-application conference is required for an application for a zone change.
A zone change application, properly completed, signed, and accompanied by an application fee, shall be submitted to the City Hall no later than 30 calendar days prior to the meeting of the Commission for which the application is to be considered. The Commission may suspend the 30-day deadline for a petition or deposit if in their opinion a delay would cause the applicant unusual hardship or expense. Late applications must be complete.
The period for completeness review is five days from the date of receipt of the zone change application. If the Administrator, or an appointee, determines the application is incomplete or requires additional information pursuant to Subsection B.2., above, the Administrator may retain the application and notify the applicant regarding the specific information requested. In such circumstance, the application will be considered by the Commission at their next available scheduled meeting date.
The applicant shall provide the additional information within 30 calendar days of the date of the Administrator's request. If the materials are not submitted within said time period, the application shall lapse.
Upon acceptance of a complete application and review and recommendation of the Administrator, the Administrator shall notify the applicant in writing of the date, time, and place of the public meeting at which time the application will be presented to and considered by the Commission.
The applicant or an agent or representative, or in the case of a corporation, an officer of the corporation, either of whom is sufficiently knowledgeable of the application and competent to answer questions and who is empowered to make changes in the application shall be present at the public meeting at which time the application is presented to and considered by the Commission. Failure of the applicant or a competent agent or representative to be present at the public meeting may result in a tabling or denial of the application. Notice of a proposed change and date, time and place of the public meeting shall be published as set out in Section 11-3-1.06, Public Notice.
At the public meeting, the Commission shall be permitted to discuss the petition among themselves, with the applicant, and with the Administrator. The Commission shall have the privilege of making any comments or recommendations. However, the Commission is specifically denied the right to direct or order the applicant to change, in any way, the application presented, or to deny holding a public hearing on an application if a qualified applicant is present at this public meeting. The discussion at this meeting shall not replace a public hearing and no input from the general public shall be permitted at this Commission meeting. However, experts requested by the Commission or the applicant(s) may be heard.
Should the applicant(s) choose to modify the application for a zone change, the applicant(s) may do so at this meeting. Before the conclusion of the meeting, the Commission shall set a date for a public hearing on the application as presented or as modified by the applicant(s) at the meeting.
Within 120 days from the introduction of a complete application, the Commission shall submit its final report and recommendations regarding the change(s) to the City Council. This report shall be made within 10 calendar days of the Commission meeting at which time the final action was taken. The Commission may defer its report for no longer than its next meeting to have an opportunity to consider revisions to the submittal that are requested from or volunteered by an applicant, which may have a direct bearing on the proposed zone change. The City Council shall not take action on the proposed change(s) until it receives the final report of the Commission.
Any amendment that fails to receive the approval of the Commission shall not be approved by the City Council except by an affirmative vote of the majority of the authorized membership of the City Council. A final yea and nay vote shall be taken on the application by the City Council within 120 calendar days from the introduction of the ordinance in correct form.

Joint Hearing. After publishing notice as set out in Section 11-3-1.06, Public Notice, the City Council may hold any public hearing pertaining to zoning that is required by this UDC or the statutes of Texas jointly with any public hearing required to be held by the Commission, but the City Council shall not take action until it has received the final report of the Commission.

Decision.

The City Council shall hold a public hearing on the application at which time they will consider the recommendation of the Commission and take one of the following actions:
1. Approve the zone change by ordinance;
2. Approve the zone change by ordinance with modifications;
3. Deny the zone change; or
4. Refer the proposed zone change back to the Commission for further consideration.
The City Council shall support its decision with written findings of fact regarding the approval criteria in Subsection C., above.

Effective Date. In accordance with this Section, no amendment, supplement, or change of the UDC or Official Zoning Map shall become effective unless and until the Commission has submitted its report and recommendations to the City Council, the City Council has held a public hearing, and a final yea and nay vote has been taken on the zone change application by the City Council within 120 days from the introduction of an ordinance in correct form.

Methods of Expediting. In order to expedite the process set out in Subsection F. above, the Council Administrator will convert each proposal for amendment, supplement, or change of the UDC or Official Zoning map into correct ordinance form, upon receipt of the Commission's recommendations, and enter it on the consent calendar as introduced "by request" by the president of the City Council, and seconded "by request" by the City Council member whose district is affected; or, if it affects more than one district, as seconded "by request" by the City Council member-at-large receiving the most votes when elected. If the City Council member-at-large receiving the most votes when elected is the President of the City Council, the other City Council member-at-large will be indicated as seconding "by request" the introduction of the ordinance.

Effective on: 1/1/1901

Sec. 11-3-1.01 Application of Standardized Development Approval Procedures

Generally. The standardized approval procedures of this Article apply to all applications for development approval that are set out in Section 11-2-1.02, Administrative Permits, and Section 11-2-1.03, Public Meeting Permits.

Development Approval Process. In general, the approval procedures set out in this Article are intended to be undertaken in sequence until the application is considered and decided by the decision-maker identified in Section 11-2-1.02, Administrative Permits, or Section 11-2-1.03, Public Meeting Approvals.

Effective on: 1/1/1901

Sec. 11-3-1.02 Pre-Application Conference

Generally.

A pre-application conference is recommended for all applications for development approval except applications for building permits for single-family detached dwellings or two-family dwellings, residential accessory buildings or structures, and signs. At the pre-application conference, the responsible official and other members of City Staff, as appropriate, will meet with the applicant to review preliminary materials, identify issues, and advise the applicant regarding which applications and approvals will be required from the City and what information will have to be provided.
Informal meetings may be scheduled prior to a pre-application conference, at the discretion of the applicant and the City Staff. Such meetings are recommended prior to the development of site plans.

Meeting Materials.

The applicant shall bring to (or submit prior to) the pre-application conference sufficient supporting materials to explain:
1. The location of the project;
2. The proposed uses (in general terms);
3. The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities;
4. The relationship to existing development;
5. Generally, the presence of natural resources, open water, floodplains, and floodways on the parcel proposed for development;
6. Any other conditions or items that the applicant believes are relevant to the processing of the application.
The responsible official may request that the applicant bring completed application forms (in draft form) for the types of permits being sought.

Effective on: 1/1/1901

Sec. 11-3-1.03 Filing of Application

Generally. Every application for development approval required by this UDC shall be submitted on a form approved by the responsible official, along with the corresponding application fee.

Forms.

The responsible official shall promulgate and periodically revise forms for each type of application required by this UDC.
Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the responsible official, and have the purpose of facilitating:
1. The evaluation of applications for compliance with the standards of this UDC; and
2. The administration of this UDC.

Schedule. The responsible official is authorized, but not required, to establish regular intake days for any or all classifications of applications for development approval, provided that:

The schedule is posted at City Hall and on the City's web site; and
The schedule provides for applications to be submitted:
1. Site permits and building permits are not limited to certain days.
2. At least twice per month for applications listed in Section 11-2-1.03, Public Meeting Approvals.
The schedule does not restrict the timing of notices of appeal.

Effective on: 1/1/1901

Sec. 11-3-1.04 Application Completeness Review

General. Within five business days after an application is submitted, the responsible official (or designee) shall review the application to verify that it is complete.

Incomplete Applications.

Incomplete applications shall be returned to the applicant with a written explanation that describes in general terms the materials that must be submitted in order to complete the application.
No application that does not include the applicable processing fee shall be considered complete.

Complete Applications. Complete applications shall be processed according to the applicable procedures of this Article.

Effective on: 1/1/1901

Sec. 11-3-1.05 Administrative Review

Administrative Review. When the responsible official determines that an application is complete, then the responsible official shall cause the application to be reviewed for technical compliance with all applicable requirements of this UDC.

Administrative Recommendation or Decision.

If the application is for an administrative permit the responsible official shall approve, approve with conditions, or deny the application, as appropriate; or
If the application is for a public meeting permit, the responsible official shall make a recommendation regarding the application and forward the recommendation to the next body that will consider it for further recommendation or approval. If the application is for a site plan approval, the responsible official shall make the recommendation based on the input from the Administrator which shall be convened to review the application.

Meeting Logistics.

If the application is for a public meeting permit, the responsible official shall set the application on the next available agenda of the next body that will consider the application.
The responsible official shall coordinate with recommending and decision-making bodies to fix reasonable times for hearings.

Effective on: 1/1/1901

Sec. 11-3-1.06 Public Notice

Generally. Public notice of public hearings required by this UDC shall be provided as required by Table 11-3-1.06, Required Notice.

Table 11-3-1.06 Required Notice
Type of Public Hearing	Posted Notice	Publication Notice
Text Amendment	N/A	Published not less than 15 days before the City Council hearing in a newspaper of general circulation
Conditional Use Permit	10 days before hearing	Published not less than 15 days before the City Council hearing in a newspaper of general circulation
Zone Change (rezoning)	10 days before hearing	Published not less than 15 days before the City Council hearing in a newspaper of general circulation

Table 11-3-1.06 Required Notice
Type of Public Hearing	Posted Notice	Publication Notice
Text Amendment	N/A	Published not less than 15 days before the City Council hearing in a newspaper of general circulation
Conditional Use Permit	10 days before hearing	Published not less than 15 days before the City Council hearing in a newspaper of general circulation
Zone Change (rezoning)	10 days before hearing	Published not less than 15 days before the City Council hearing in a newspaper of general circulation

Technical Requirements for Notice. All notices shall describe the action proposed to be taken and the date, time, and place of the public hearing. In addition, the following requirements apply based on the type of required notice:
1. Posted Notice.
  1. Signs shall be of a size and design as to be readily visible to passersby.
  2. Signs shall be placed at intervals of not less than one sign every 300 feet along public thoroughfares bordering the subject property.
2. Publication Notice. Where publication is required, notice shall be published at least 15 days prior to the public hearing date, or as provided by State law in a newspaper of general circulation.

Effective on: 1/1/1901

Sec. 11-3-1.07 Planning and Zoning Commission Meeting

Generally. All public meeting permit approvals require a meeting before the Commission, as may be required by Section 11-2-1.03, Public Meeting Approvals.

Meeting Procedures. The Commission shall adopt rules of procedure for the conduct of the meeting. The following general procedures shall be reflected in the adopted rules of procedure.

Any person may appear at the meeting.
Applicants and the City shall have the right to present to the Commission.
No action may be taken on items that are not on the Commission agenda.

Decision or Recommendation. The Commission shall, as required by Section 11-2-1.03, Public Meeting Approvals:

Approve the application;
Approve the application with conditions;
Deny the application;
Continue the application; or
Make a corresponding recommendation to the City Council on the application.

Effective on: 1/1/1901

Sec. 11-3-1.08 City Council Public Meeting

Generally. Public meeting approvals that require a decision by the City Council according to Section 11-2-1.03, Public Meeting Approvals, shall be heard at a meeting of the City Council pursuant to this Section.

Decision. After a public meeting on the application, the City Council shall:

Approve the application;
Approve the application with conditions;
Deny the application;
Continue the hearing on the application; or
Refer the application back to the Commission for further review and recommendation.

Effective on: 1/1/1901

Sec. 11-3-1.09 Continuances and Withdrawal of Applications

Continuances. Requests for continuance of any proceeding called for herein may be granted at the discretion of the body holding the meeting. If granted, the applicant shall pay all additional costs associated with the rescheduling of the proceeding.

Withdrawal. Any application may be withdrawn, either in writing or on the record during the proceeding before the recommendation or decision is made.

Effective on: 1/1/1901

Sec. 11-3-1.10 Approval; Effect of Approval

Generally. Approval of an application authorizes only the particular use, plan, or other specific activity for which the approval was granted. Supplemental materials that are provided in support of an approval become part of the approval (e.g., elevations, lists of building materials, etc.) unless otherwise noted in the approval itself.

Continuity of Approvals. Approvals run with the land that is the subject of the approval. Text amendments and use interpretations generally impact more than one parcel of land, and therefore are effective City-wide until repealed or modified in due course.

Writing and Findings Required. Approvals shall be reduced to writing and shall include findings that support the decision. For administrative approvals, the approval and findings shall be signed by the responsible official. For discretionary approvals and appeals, the approval and findings shall be signed by the person who presided over the meeting in which the decision was made.

Expiration of Approvals.

Permitted time frames for an approval do not change with changes in ownership and shall expire as indicated in Table 11-3-1.10, Time Limitations and Extensions, if either of the following occur:
1. A building permit or site permit has not been issued to establish the use authorized in the approval; or
2. The use does not require a building permit and is not established, ongoing, and in operation.
Although a permit may expire, nothing in Subsection D.1., above, abrogates the right to seek a new permit. However, the new permit application will be decided based on its compliance with the standards that are in place at the time it is filed.
Any approval not listed in Table 11-3.1.10, Time Limitations and Extensions, shall not expire. Such approvals shall continue in force until superseded by an amendment to this UDC, a subsequent, inconsistent application, or other similar specific action that would alter the approval.

Extensions.

Upon written request and good cause shown, one extension may be granted by the decision-making body for a period not to exceed the original approval period. No request for an extension shall be considered unless a written application requesting the extension is submitted to the responsible official no later than one month prior to the expiration of the approval. Failure to submit an application for an extension within the time limits established by this Section shall result in the approval's expiration as provided above.
This Subsection does not apply to building permits if evidence of good-faith effort toward completion is provided to the responsible official.

Effect of Appeals and Litigation. If there is an appeal or litigation during the time period that limits the applicant's ability to proceed, the appeal or litigation shall suspend the expiration date, and the date shall be recalculated when the appeal or litigation, including appeals, is complete. The new expiration date shall be established by adding the number of days that the approval remained valid before the appeal or litigation commenced to the date the appeal or litigation was completed by a final, non-appealable order. This Subsection does not apply if the litigation is related to enforcement of a violation of this UDC.

Table 11-3-1.10 Time Limitations and Extensions
Application Type	Time Limitation
Site Permit	6 months to commencement of construction, and 3 years to completion
Site Plan Approval	24 months
Building Permit	180 days unless otherwise approved by Building Inspector; or expires due to 30 days of dormancy or abandonment.

Table 11-3-1.10 Time Limitations and Extensions
Application Type	Time Limitation
Site Permit	6 months to commencement of construction, and 3 years to completion
Site Plan Approval	24 months
Building Permit	180 days unless otherwise approved by Building Inspector; or expires due to 30 days of dormancy or abandonment.

Effective on: 1/1/1901

Sec. 11-3-1.11 Successive Applications

Generally. It is the policy of the City of Magnolia not to hear successive applications for the same approval after an application is denied. The limitations of this Section prevent the consideration of successive applications.

Time Required Between Substantially Similar Applications. The City shall not accept any application that is substantially similar to an application that was denied six months prior.

Appeal and Waiver of Restrictions.

The responsible official's determination that an application is substantially similar to a denied application is subject to administrative appeal.
In the alternative to an appeal, the applicant may seek a waiver of the successive application rules from the City Council, which may grant the waiver for good cause shown.

Effective on: 1/1/1901

Sec. 11-3-2.01 Interpretations

Generally. Any person may request an administrative interpretation of the terms, provisions, or requirements of this UDC if the application of the terms, provisions, or requirements are not obvious.

Application. Applications shall be submitted on a form approved by the Administrator. The applicant shall cite the code provision for which interpretation is sought, a description of the situation or scenario to which the application of this UDC is in question, and a statement of the nature of the interpretation sought.

Procedure. Within 30 days after the application for an interpretation is filed, the responsible official shall provide an interpretation to the provision that is the subject of the application based on the materials or scenario posed by the applicant, shall respond to the applicant in writing, and shall keep a copy of the response in a record of interpretations. The responsible official may consult with other City staff in drafting the interpretation.

Interpretation Guidelines. The responsible official shall refer to the following to provide the policy framework for interpretations:

Refer to Article 11-1, Purpose and Application of Chapter 11, at the beginning of this Chapter which includes the interpretation section, and any purpose statements within the Article or Section that may be relevant to the determination;
Refer to Chapter 13, Enforcement, Interpretation, Disclaimer, and Repealer; and
The adopted Comprehensive Plan for the City of Magnolia.

No Legal Advice. Legal interpretations by the City Attorney shall not be provided to private parties without the consent of the City Council. No interpretation provided by other City staff pursuant to this Section shall be construed as legal advice.

No Binding Effect. It is the policy of the City to evaluate applications for development approval comprehensively on their individual merits. Therefore, the interpretation of the responsible official is persuasive to decision-making bodies, but shall not be binding upon the City.

Effective on: 1/1/1901

Sec. 11-3-2.02 Administrative Appeals

Generally.

The purpose of administrative appeals is to provide an opportunity for affected parties to seek review of a decision of a responsible official or the Commission in a timely and inexpensive way.
Administrative appeals are decided by the City Council.

Standards to be Reviewed. The City Council shall decide appeals according to the same standards that the decision-maker was to apply to the application.

Scope of Review. The City Council shall review the application in the same manner as the decision-maker. However:

No evidence shall be presented to the City Council that was not considered by the decision-maker; and
No issues shall be reviewed by the City Council that were not described or obviously implied by the petition for appeal.

Parties to Appeal.

Only parties shall have standing to bring an appeal. No appeal by a person who is not a party shall be heard.
The parties to an appeal are the Petitioner and the Respondent. The City is always a Respondent. Other interested parties may also join as respondents pursuant to Subsection G., below.
A person or entity is a party if it demonstrates:
1. That final action of the City caused it injury;
2. The injury is different in kind or degree from injury to members of the general public; and
3. The injury can be remedied if the appeal is granted.
The Applicant is always a party, and shall not be required to demonstrate injury if:
1. The Applicant is appealing an adverse decision or an adverse condition of approval, in which case the Applicant is a Petitioner; or
2. The Applicant's application is the subject of an appeal by another party, in which case the Applicant is a Respondent.
Any person or entity that owns property within 300 feet of any parcel line of the parcel that is the subject of the appeal shall not be required to demonstrate injury.

Appeal Petition. An administrative appeal is initiated by filing a petition, along with the required fee, with the City Secretary of the City. The notice of appeal shall include the following information:

The name, address, and telephone number of the Petitioner;
A short statement indicating the nature of the application, the application number, the date of hearing, and the decision;
A short statement indicating how the Petitioner qualifies as a party, pursuant to either Subsections D.3., D.4., or D.5. above; and
A short but specific statement regarding how the decision appealed violates this UDC. The statement shall refer to the particular section numbers upon which the Petitioner relies.

Timing of Appeal. Appeal petitions shall be filed within 14 days of the date of the decision by the responsible official or the Commission. Failure to file within 14 days shall cut off the right of appeal.

Notice. Notice of an appeal shall be mailed to all property owners within 300 feet of the boundaries of the parcel that is the subject of the appeal, and shall be published in a newspaper of general circulation in the City not less than 15 days before the hearing on the appeal.

Intervention. Any person or entity may enter an appearance as a party to an appeal on the side of the Petitioner or Respondent, provided that the written Notice of Appearance is entered more than four days before the hearing. Notices of Appearance shall be filed with the City Secretary, as follows:

Contents of Notice. The notice of appearance shall include:
1. The name, address, and telephone number of the person or entity entering the Notice of Appearance;
2. A reference to the appeal number and date of decision;
3. A short statement indicating how the person or entity entering the Notice of Appearance qualifies as a party.
4. A statement as to whether the person or entity entering the Notice of Appearance is seeking to become a Petitioner or Respondent in the appeal.
Materials to be Provided to Adverse Party. The City shall require the Petitioner to furnish each adverse party with a copy of the petition and the application for development approval for the property that is the subject of the appeal.

Public Hearing and Decision. The City Council shall hold a public hearing on the appeal according to the following procedures:

Order of Presentation. The appeal hearing shall be ordered as follows:
1. Members of the City Council shall disclose:
  1. Potential conflicts of interest; and
  2. Communications with others involved.
2. The Petitioner shall present the appeal.
3. The Respondent shall present a response.
4. Intervenors shall be heard, first on behalf of the Petitioner, and then on behalf of the Responded.
5. Members of the public may be heard.
6. The Petitioner may cross-examine the Respondent or Intervenors.
7. The Respondent may cross-examine the Petitioner or Intervenors.
8. The Petitioner may make a closing argument.
9. The Respondent may make a closing argument.
10. Members of the City Council may ask questions of the Petitioner, Respondent, or City Staff.
11. The City Council shall decide the appeal by majority vote of a quorum present.
Form of Decision. Decisions regarding appeals shall be reduced to writing, executed by the Mayor or the Mayor Pro Tem in absence of the Mayor. Such written decisions shall include the factual basis for the decision and a record of the vote on the decision by the City Council.

Effective on: 1/1/1901

Sec. 11-3-3.01 City Initiated Amendments

Generally. The Mayor or any member of the City Council or Planning and Zoning Commission may initiate an amendment to the text of this UDC. Text amendments to this UDC will be processed as Ordinances pursuant to the Code of Ordinances, Chapter 1, Section 1-7, Amendments to Code; Effect of New Ordinances; Amendatory Language and Chapter 1, Section 1-8, Effect of Repeal or Expiration of Ordinance.

Required Additional Procedures. No amendment to this UDC shall be effective unless:

The City Council has received a final report from the Commission on the merits of the amendment; and
The City Council has held a public hearing upon the proposed amendment at which parties in interest and citizens have had an opportunity to be heard, at least 15 days’ notice of which hearing has been published in the newspaper of general circulation.

Effective on: 1/1/1901

Sec. 11-3-4.01 Development and Annexation Agreements Authorized

Generally. Development agreements are the preferred method for providing stability and establishing public and private expectations for large, multi-phased projects with long-term build-outs. Development agreements may also be used, at the City Council's discretion, for any other development, and may be combined with annexation agreements. Annexation agreements set the terms by which property will be brought into the incorporated boundaries of the City of Magnolia.

Authorization. Proposed development agreements and annexation agreements shall be reviewed by the City Attorney and shall be approved by the City Council before execution.

Effective on: 1/1/1901

Sec. 11-3-4.02 Contents of Development and Annexation Agreements

Required Development Agreement Provisions. A development agreement shall include at least the following provisions:

Design Standards;
Subdivision Standards;
Duration of the agreement;
Permitted uses; and
Terms and conditions relating to financing of necessary public facilities by the applicant; and, if such improvements serve more than the applicant's subdivision, subsequent reimbursement of the applicant over time.

Annexation Agreements. An annexation agreement shall include at least the following provisions:

An irrevocable consent of the owner of the property that is the subject of the annexation agreement to consent to annexation into the City pursuant to the agreement;
The timing or conditions upon which the annexation will take place; and
The timing or phasing of extension of utilities and services to the annexed property, including how the costs of the extension will be allocated between the City and the property owner.

Optional Provisions. Development agreements and annexation agreements may include:

Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set out in the agreement;
A requirement that construction shall be commenced within a specified time and/or that the project or any phase thereof be completed within a specified time; and
Any other lawful provision that is mutually agreed to between the property owner and the City.

Planned Development District (PD)

General purpose and description.
1. The PD Planned Development District is a district which accommodates planned associations of uses developed as integral land use units such as office parks, retail/commerical or service centers, shoppingcenters, residential developments having a mixture of housing options (e.g., Single-Family, Multifamily, Duplex (Two Family), etc.), or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PD Planned Development District may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this chapter, to ensure the compatibility of land uses, and to allow for the adjustment of changing demands to meet the current needs of the community by meeting one or more of the following purposes:
  1. To provide for a superior design on lots or buildings;
  2. To provide for increased recreation and open space opportunities for public use and enjoyment;
  3. To provide amentiies or features that would be of special benefit to the property users or to the overall community;
  4. To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes, viewscapes, or wildlife habitats;
  5. To protect or preserve existing historical buildings, structures, features or places;
  6. To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services; and
  7. To meet or exceed the standards of this chapter.
2. The city council, after public hearing and proper notice to all parties affected and after recommendation from the planning and zoning commission, may authorize the creation of a PD Planned Development District, in accordance with the provisions of this section and standards set out in the Unified Development Code.
3. The ordinance granting a PD Planned Development District shall include a statement as to the purpose and intent of the PD Planned Development District granted therein, as well as a general statement citing the reason for the PD Planned DevelopmentDistrict request.
Permitted uses.
1. A PD Planned Development District may be approved with any use or combination of uses allowed by this chapter. The uses permitted in any specific PD Planned Development District shall be enumerated in the ordinance establishing such district, along with any conditions or limitationsdeemed appropriate for the specified uses.
Area and height regulations.
1. The minimum acreage for a PD Planned Development District request shall be two acres.
2. Each PD Planned Development District shall establish regulations deemed necessary and appropriate for the development of the property within the district and the protection of neighboring properties. These regulations may include, but are not limited to, the following:
  1. Front, side, and rear yard requirements;
  2. Minimum lot width, depth, and areas requirements;
  3. Maximum lot coverage;
  4. Maximum building size and/or height;
  5. Landscaping, open space, and screening requirements;
  6. Off-street parking and loading requirements; and
  7. Signage requirements.
3. Minimum regulations. Each PD Planned Development District shall establish regulations deemed necessary and appropriate for the development of the property within the district and the protection of neighboring properties.
4. Maximum lot coverage. Not more than 60 percent of a lot may be covered with buildings, driveways, sidewalks, or other impermeable material, unless approved otherwise at the time of the PD Planned Development District and/or site plan approval by the planning and zoning commission and the city council.
5. Maximum height. Maximum height shall not exceed 35 feet unless approved by the planning and zoning commission the city council
6. Green space/recreational areas. A minimum of 20 percent of the gross platted area shall be green space. The term "green space" is defined as, and limited to common areas of green space or landscaping and community recreational areas that are irrigated and continuously maintained. The term "green space" does not include areas specifically designatedor used as building sites or zero lot line units. The actual surface areas of green space, such as common area lawns and landscaping, community swimming pools and surrounding paved deck area, community tennis courts, community rooms, community saunas, and other common recreational areas, shall be considered in calculating the minimum requirement for green space. Detention ponds and surrounding areas may also be considered "green space" so long as the detention area is amenitized. Required buffer yards, except surfaced parking and driveways located within said buffer yards, if any, may be included in computing the minimum required area of green space.
7. Reserved.
8. Reserved.
9. Reserved.
Approval process.
1. The review process for a planned developmentshall include up to five steps:
  1. Preapplication conference with the city administrator or his designee
  2. Payment of Development Escrow Fee, see Ch. 11 and City Fee Schedule
  3. Adoption of ordinance establishing planned developmentdistrict;
  4. Concept plan; and
  5. Construction of project (after city approval of all required plans and plats).
2. Payment of all indebtedness attributable to the subject property.
3. Reserved.
4. Reserved
Concept plan.
1. Purpose. This section establishes a review process for planned developments. The purpose is to ensure that a development project is in compliance with all applicable city ordinances and guidelines prior to commencement of construction.
2. Applicability. Submission and approval of a concept plan shall be required for all planned developments.
3. Building permit and certificate of occupancy. A concept plan shall be submitted in conjunction with a building permit application (this is a different application than the building permit plan that is discussed within this section). No building permit shall be issued until a concept plan and all other required engineering/construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the concept plan and engineering/construction plans, as approved by the city.
4. Extent of area that should be included in a concept plan. When the overall development project is to be developed in phases, the area included within the concept plan shall include only the portion of the overall property that is to be developed/constructde.
5. Procedures and submission requirements for concept plan approval. All concept plans shall be prepared by a qualified civil engineer, land planner, architect or surveyor, and it shall clearly show in detail how the site will be constructed (such as paving, buildings, landscaped areas, utilities, etc.). To ensure the submission of adequate information, the city is hereby empowered to maintain and distribute a separate list of specific requirements for the review of concept plan applications.
6. Review and approval of a concept plan. The approval process for a concept plan shall generally be reviewed by city staff, recommendation by the planning and zoning commission, and approval by the city council.
  1. City staff review of concept plans.
    1. Upon official submission of a complete application of a concept plan for approval, the city shall review the application. Specifically, the city administrator or his designee, city engineer, and the building official or their designee shall review the concept plan prior to the concept plan being forwarded to the planning and zoning commission. Determination of application completeness, notice to the applicant in writing of missing documentsand information within ten (10) business days and expiration of application within 45 calendar days due to incompleteness shall be adhered.
    2. Concept plans shall be evaluated to ensure that all developments are, to the best extent possible, constructed according to the city's codes and ordinances.
    3. Following city staff review, and following discussions regarding necessary revisions, the applicant shall resubmit additional copies of the corrected concept plan to the city administrator or his designee.
    4. The city administrator or his designee shall then submit the corrected plan to the planning and zoning commission.
    5. It should be noted that the city administrator or his designee shall forward the original plan application to the commission if the corrected version is not resubmitted within the prescribed time period.
    6. It should also be noted that a corrected plan that is incomplete or is otherwise not ready for consideration shall be subject to denial.
  2. Planning and zoning commission review of concept plans.
    1. All concept plan applications shall be reviewed by the planning and zoning commission.
    2. The city administrator, or his designee, shall schedule consideration of the concept plan application on the regular agenda of the planning and zoning commission within 30 calendar days after the application is received.
    3. The planning and zoning commission shall review the concept plan and shall recommend to the city council approval, approval subject to certain conditions, or denial of the concept plan.
  3. City council review of and action on concept plans.
    1. All concept plan applications shall be reviewed by the city council after being reviewed by the planning and zoning commission.
    2. The city administrator, or his designee, shall schedule consideration of the concept plan application on the regular agenda of the city council.
    3. The city council shall review the concept plan and shall approve, approve subject to certain conditions, or deny approval of the concept plan.
7. Revisions to the approved concept plan.
  1. Minor revisions/amendments.
    1. It is recognized that final architectural and engineering design may necessitate minor changes in the approved concept plan. In such cases, the city administrator, or his designee, shall have the authority to approve minor modifications to an approved concept plan. Such minor modifications submitted on an amended concept plan, which shall substantially conform to the previously approved concept plan.
    2. Submission materials and requirements for approval of an amended concept plan shall be as determined by the city administrator or his designee.
  2. Major revisions. In the event of revisions that are more extensive in nature (i.e., do not conform to the description for minor amendments in subsection (g)(1)a of this section), a revised concept plan must be resubmitted, reviewed, and approved by the city administrator or his designee. The city administrator or his designee shall have the authority to determine whether a revised concept plan warrants a review and approval as outlined in subsection a. of this section.
  3. Effect of review/approval. The concept plan shall be considered authorization to proceed with construction of the site provided all other required city approvals are obtained (such as final plat, engineering plans, etc.).
  4. Validity, lapse, and reinstatement of concept plan. Refer to Sec. 11-3-1.10 Approval; Effect of Approval
8. List of planned development districts. All Planned Development zoning districts approved in accordance with the provisions of this chapter, as may be amended, shall be prefixed by a "PD" designation and assigned a unique identification number (e.g., PD-1, PD-2, PD-3, etc.), and shall also be referenced on the zoning district map. A list of such Planned DevelopmentDistricts, showing the uses permitted and any other special stipulations of each PD Planned Development District shall be maintained as part of this chapter.
9. Prior planned development ordinances remaining in effect. Prior to adoption of the ordinance from which this chapter is derived, any development agreements previously approved by the city council that established zero lot line developments, are to be continued in full force and effect. The ordinances, parts of ordinances and/or plans approved prior to adoption of the ordinance form which this chapter is derived that applied to these developments, will remain in effect.

(Ord. No. O-2018-010, 08/14/2018)

Effective on: 8/14/2018

Sec. 11-3-4.03 Review; Modification; and Termination of Development Agreements

Generally. Development agreements shall be reviewed every 12 months, at which time the applicant or his successor in interest thereto shall be required to demonstrate good faith compliance with the terms of the agreement.

Termination or Modification of Agreement. If, as a result of such periodic review, the City Council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the agreement, the City Council may terminate or modify the agreement.

Effective on: 1/1/1901

Sec. 11-3-5.01 Periodic Review of Fee Schedule

It is the intent of the City Council to periodically review and update the fee schedule. The Commission shall make a report and recommendations to the City Council with regard to the fee schedule at intervals of not more than two years.

Effective on: 1/1/1901

Sec. 11-3-5.02 Escrow Fees

Generally.

A fee shall be paid into escrow to cover costs incurred by the City for retaining professional services to perform technical review of proposed plats and plans for their consistency with the comprehensive plan and new unified development code.
Consultants may contact the applicant during the course of review and project negotiation. However:
1. The City is the client, and there shall be no consultant representation of the applicant or confidentiality as between any City consultant and the applicant.
2. The Consultant is not authorized to bind the City.

Amount of Fee.

The escrow fee for each type of application is identified in Table 11-3-5.02, Development Fee Schedule.
The City Administrator may require additional escrow funds be provided to pay for additional services related to the application should they become necessary.
Should an applicant submit multiple applications, the applicant is responsible for paying the sum of the escrow fees as listed in Table 11-3-5.02, Development Fee Schedule.

Use of Fee. The City may draw upon the escrow to pay for:

The monthly billings of any consultants used by the City to review the proposed plats and plans for development; and
15 percent administrative fee relative to the escrow cost of the development application used by the City for the internal staff cost of processing a development application and public notice.

Review Does Not Constitute Approval. The funds put into escrow pursuant to this section will be used in good faith to evaluate subdivision plats and development plans. However, nothing herein shall require the City to grant approval of an application or to adopt an ordinance amending these regulations.

Return of Escrow Fee; Payment of Outstanding Balance.

When the application is decided, the balance of the escrow (if positive) shall be returned to the applicant. If an additional balance is due, it shall be paid by the applicant to the City as a condition of approval.
Applicants shall be provided with a monthly accounting of the escrow.

Conflict of Interest. Consultants that are retained to provide professional services to the City shall certify under oath that:

They and members of their immediate families have no material financial interest in the outcome of any decision for which they are retained to provide services; and
They do not have any other business relationship with the applicant that may create a conflict of interest (all business relationships with the applicant shall be disclosed).

Table 11-3-5.02 Development Fee Schedule
Procedure	Notes
Escrow $5,000
Final Plat	Fee does not include Montgomery County recordation.
Major Modifications of Plats	Fee does not include Montgomery County recordation.
Preliminary Plat	Fee does not include Civil Construction application materials.
Rezoning: Planned Development (PD)	Fee includes publication
Site Plan: 20 or more acres
Escrow $4,000
Site Plan: 10 - 19.99 acres
Escrow $3,000
Preliminary Plat: With no Transportation Improvement Analysis or Public Improvements	Fee does not include Civil Construction permits
Rezoning: All Designations Except PD	Fee includes publication
Site Permit	Site preparation to shape the site for development
Site Plan: < 9.99 acres
Escrow $2,000
Conditional Use Permit	Fee applicable only when Drainage Plan submitted separately without Civil Construction application materials.
Drainage Plan
Final Plat: Minor Amending Final Plat and Final Vacation Plat	Fee does not include Montgomery County recordation.
Land Clearing Permit	Tree Inventory, Removal, Mitigation, and Erosion Control
Text Amendment (UDC)
Variance	Applies to any Variance application
Escrow $1,000
Administrative Appeal
City Council Appeal
Miscellaneous
Annexation	No Charge
Building Permit	In accordance with currently adopted IBC and ICC building valuation data
Certificate of Occupancy Permit	$100
Right-of-Way Encroachment Permit	$100
Sign Permit	Price depends upon sign type as defined on Sign Permit Application
Tree Removal Permit	$50 + $10/protected tree

Table 11-3-5.02 Development Fee Schedule
Procedure	Notes
Escrow $5,000
Final Plat	Fee does not include Montgomery County recordation.
Major Modifications of Plats	Fee does not include Montgomery County recordation.
Preliminary Plat	Fee does not include Civil Construction application materials.
Rezoning: Planned Development (PD)	Fee includes publication
Site Plan: 20 or more acres
Escrow $4,000
Site Plan: 10 - 19.99 acres
Escrow $3,000
Preliminary Plat: With no Transportation Improvement Analysis or Public Improvements	Fee does not include Civil Construction permits
Rezoning: All Designations Except PD	Fee includes publication
Site Permit	Site preparation to shape the site for development
Site Plan: < 9.99 acres
Escrow $2,000
Conditional Use Permit	Fee applicable only when Drainage Plan submitted separately without Civil Construction application materials.
Drainage Plan
Final Plat: Minor Amending Final Plat and Final Vacation Plat	Fee does not include Montgomery County recordation.
Land Clearing Permit	Tree Inventory, Removal, Mitigation, and Erosion Control
Text Amendment (UDC)
Variance	Applies to any Variance application
Escrow $1,000
Administrative Appeal
City Council Appeal
Miscellaneous
Annexation	No Charge
Building Permit	In accordance with currently adopted IBC and ICC building valuation data
Certificate of Occupancy Permit	$100
Right-of-Way Encroachment Permit	$100
Sign Permit	Price depends upon sign type as defined on Sign Permit Application
Tree Removal Permit	$50 + $10/protected tree

Effective on: 1/1/1901

Magnolia City Zoning Code

CHAPTER 11

Permits and Procedures

Sec. 11-1-1.01 Purpose

The purpose of this Chapter is to set out all the City’s development approval procedures in one place, and to standardize them to the maximum practicable degree.

Effective on: 1/1/1901

Sec. 11-1-1.02 Application of Article

Generally. All procedures for obtaining approvals pursuant to this UDC, and for appealing decision of the Administrator or the Commission, are set out in this Article.

Standards for Administrative Permits. As set out in Section 11-2-1.02, Administrative Permits, is the establishment of the criteria for issuance of administrative permits.

Standards for Public Meeting Permits. As set out in Section 11-2-1.03, Public Meeting Approvals, is the establishment of the criteria for issuance of public meeting permits.

Text Amendments. As set out in Division 11-3-3, Text Amendments, is the procedures for amending the text of this UDC.

Fees. As set out in Division 11-3-5, Fees, is the establishment of a periodic fee schedule review.

Effective on: 1/1/1901

Sec. 11-2-1.01 Permit Required

Permits are required for development in the City of Magnolia. The required permits are set out in this Section.

Effective on: 1/1/1901

Sec. 11-2-1.02 Administrative Permits

Generally. Administrative permits are permits that are issued by the Administrator without a requirement for public meeting.

Table 11-2-1.02 Administrative Permits
Permit	Required For	Timing	Exceptions	Issued By	Standards¹
Plats and Plans
Site Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	The construction of a single-family home on a single-family lot in an improved subdivision; agriculture; and forestry.	Administrator	See Sec. 11-2-2.01, Site Permit Requirements
Land Clearing Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	The construction of a single-family home on a single-family lot in an improved subdivision; agriculture; and forestry.	Administrator	Compliance with all applicable standards of this UDC and conditions of approval
Tree Removal Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	N/A	Administrator	Compliance with Section 8-2-1.02, Land Clearing and Tree Preservation, all applicable standards of this UDC; and conditions of approval
Administrative Plats	Minor modifications of existing parcels of land.	Prior to issuance of permits that allow for site clearing, grading, or construction.	Does not pertain to new streets or public improvements, change in the number of lots, developments more than one acre or five lots, lot size reductions below the minimum standard, or property not zoned for residential use.	Administrator	See Section 11-2-2.05, Administrative Plat.
Use Permits
Zoning Clearance Permit, Permitted Use	New land uses and changes in land use.	Prior to establishment of a permitted use.	None	Administrator	Article 2-2, Land Uses lists the permitted uses.
Temporary Use Permit, Public and Commercial Events	Public and commercial events with an expected peak attendance of less than 1,500 persons.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	Public and commercial events with an expected peak attendance of more than 1,500 persons require Commission approval.	Administrator	See Section 2-2-1.06, Temporary Uses.
Temporary Use Permit, Neighborhood Events	Neighborhood events including special events.	At least one week prior to the event.	Garage sales do not require a permit.	Administrator	See Section 2-2-1.06, Temporary Uses.
Right-of-Way Encroachment	Encroachments into the public right-of-way in the UP district.	Prior to issuance of a building permit.	Permitted encroachments are set out in Section 4-2-5.01, Unity Plaza (UP) District.	Administrator	See Section 4-2-5.01, Unity Plaza (UP) District.
Environmental Permits
Floodplain Development Permit	Construction and development within an area of special flood hazard or flood-related erosion hazard.	Prior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard.	None	Administrator	See Article 5-3, Floodplain Management and Flood Damage Prevention.
Floodplain Development Permit Waiver	Construction and development within an area of special flood hazard or flood-related erosion hazard.	Prior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard	A requested waiver of the requirements of Article 5-3, Floodplain Management and Flood Damage Prevention by the subdivider.	Joint approval of the Mayor, City Administrator, City Engineer, Administrator, and Building Official.	See Article 5-3, Floodplain Management and Flood Damage Prevention.
Drainage Plan	Prior to installation of drainage system.	Prior to commencement of land disturbance activity or construction.	Single-family homes or townhomes on individual lots in an improved subdivision.	City Engineer	See Section 5-4-1.03, Drainage Plan Required.
Other Permits
Sign Permit	Installation of a new or replacement sign.	Prior to installation of sign or sign mount.	Signs that do not require a permit, as set out in Section 6-1-1.03, Application.	Administrator	See Chapter 6, Signs and Lighting.
Building Permit	Construction, reconstruction, improvement, or repair of any building or structure for which a permit is required by applicable building codes.	Prior to commencement of construction.	None	Building Official	See Section 11-2-2.11, Building Permit and applicable building codes.
Certificate of Occupancy Permit	Occupancy of a building or structure.	Upon completion of construction or before chance in occupancy.	N/A	Administrator	Compliance with all applicable standards of this UDC; conditions of approval; and applicable building code requirements.
TABLE NOTE: ¹ Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC.

Table 11-2-1.02 Administrative Permits
Permit	Required For	Timing	Exceptions	Issued By	Standards¹
Plats and Plans
Site Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	The construction of a single-family home on a single-family lot in an improved subdivision; agriculture; and forestry.	Administrator	See Sec. 11-2-2.01, Site Permit Requirements
Land Clearing Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	The construction of a single-family home on a single-family lot in an improved subdivision; agriculture; and forestry.	Administrator	Compliance with all applicable standards of this UDC and conditions of approval
Tree Removal Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	N/A	Administrator	Compliance with Section 8-2-1.02, Land Clearing and Tree Preservation, all applicable standards of this UDC; and conditions of approval
Administrative Plats	Minor modifications of existing parcels of land.	Prior to issuance of permits that allow for site clearing, grading, or construction.	Does not pertain to new streets or public improvements, change in the number of lots, developments more than one acre or five lots, lot size reductions below the minimum standard, or property not zoned for residential use.	Administrator	See Section 11-2-2.05, Administrative Plat.
Use Permits
Zoning Clearance Permit, Permitted Use	New land uses and changes in land use.	Prior to establishment of a permitted use.	None	Administrator	Article 2-2, Land Uses lists the permitted uses.
Temporary Use Permit, Public and Commercial Events	Public and commercial events with an expected peak attendance of less than 1,500 persons.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	Public and commercial events with an expected peak attendance of more than 1,500 persons require Commission approval.	Administrator	See Section 2-2-1.06, Temporary Uses.
Temporary Use Permit, Neighborhood Events	Neighborhood events including special events.	At least one week prior to the event.	Garage sales do not require a permit.	Administrator	See Section 2-2-1.06, Temporary Uses.
Right-of-Way Encroachment	Encroachments into the public right-of-way in the UP district.	Prior to issuance of a building permit.	Permitted encroachments are set out in Section 4-2-5.01, Unity Plaza (UP) District.	Administrator	See Section 4-2-5.01, Unity Plaza (UP) District.
Environmental Permits
Floodplain Development Permit	Construction and development within an area of special flood hazard or flood-related erosion hazard.	Prior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard.	None	Administrator	See Article 5-3, Floodplain Management and Flood Damage Prevention.
Floodplain Development Permit Waiver	Construction and development within an area of special flood hazard or flood-related erosion hazard.	Prior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard	A requested waiver of the requirements of Article 5-3, Floodplain Management and Flood Damage Prevention by the subdivider.	Joint approval of the Mayor, City Administrator, City Engineer, Administrator, and Building Official.	See Article 5-3, Floodplain Management and Flood Damage Prevention.
Drainage Plan	Prior to installation of drainage system.	Prior to commencement of land disturbance activity or construction.	Single-family homes or townhomes on individual lots in an improved subdivision.	City Engineer	See Section 5-4-1.03, Drainage Plan Required.
Other Permits
Sign Permit	Installation of a new or replacement sign.	Prior to installation of sign or sign mount.	Signs that do not require a permit, as set out in Section 6-1-1.03, Application.	Administrator	See Chapter 6, Signs and Lighting.
Building Permit	Construction, reconstruction, improvement, or repair of any building or structure for which a permit is required by applicable building codes.	Prior to commencement of construction.	None	Building Official	See Section 11-2-2.11, Building Permit and applicable building codes.
Certificate of Occupancy Permit	Occupancy of a building or structure.	Upon completion of construction or before chance in occupancy.	N/A	Administrator	Compliance with all applicable standards of this UDC; conditions of approval; and applicable building code requirements.
TABLE NOTE: ¹ Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC.

Effective on: 1/1/1901

Sec. 11-2-1.03 Public Meeting Approvals

Generally. Public meeting permits are permits that are issued by the City after compliance with the requirements of this UDC is determined at a public meeting.

Table 11-2-1.03 Public Meeting Approvals
Permit	Required For	Timing	Exceptions	Issued By	Standards¹
No Public Hearing Required
Plats and Plans
Site Plan²	All new development; all redevelopment that involves the destruction of existing buildings; all alterations that involve expansions in floor area that effect parking ratio requirements. All alterations that effect any of the building elevations in public view regardless of expansion	Prior to building permit or site permit.	Single-family dwellings on individual lots	Commission	See Sec. 11-2-3.01, Site Plan Requirements.
Preliminary Plat	Subdivision of land and prior to submission of detailed construction drawings of all subdivision improvements.	Prior to commencement of land disturbance activity and final plat approval, installation of public improvements, and issuance of applicable permits.	The approval of the preliminary plat shall lapse unless a final plat is submitted within two years from the date of such approval, unless an extension of time is applied for and granted by the Commission.	Commission	See Section 5-1-4.04, Preliminary Plats.
Final Plat	Subdivision of land and acceptance of public improvements	Within two years from the date of preliminary plat approval, unless an extension of time is applied for and granted by the Commission.	Failure of the subdivider to pay the fees to record the plat within 30 days after approval shall render the final plat null and void.	Commission and City Council	See Section 5-1-4.05, Final Plats.
Public Hearing Required
Use Permits
Conditional Use Permit	New conditional uses; changes to a conditional use; material changes to or expansion of a conditional use.	Prior to establishment or modification of a conditional use.	None	City Council, upon recommendation of the Commission	See Section 2-2-1.05, Conditional Uses and Section 11-2-3.04, Conditional Use Permit.
Plats and Plans
Major Modifications of Plats; Change of Subdivision Name	Major changes to an approved plat (preliminary or final plats).	Prior to the construction or development that is within the area proposed to be modified.	Minor changes to a plat or parcel line may be permitted by the Administrator.	Commission and City Council	See Section 5-1-4.03, Major Modifications of Plats; Change of Subdivision Name.
Text and Map Amendments
Text Amendments	Amendments to the text of this UDC.	N/A	A petition from those listed in Chapter 10, Administrative Bodies.	City Council, upon recommendation of the Commission	See Section 11-2-3.06, Text Amendments.
Zoning Change (rezoning)	Changing the zoning district of a parcel from one district to another.	Prior to any change in land use other than those that are permitted in the respective zoning district.	None	City Council, upon recommendation of the Commission	See Section 11-2-3.07, Zone Change (Rezoning).
Variances and Appeals
Variance	Deviation from the standards of this UDC.	Prior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variances.	Prohibited uses shall not be allowed by variance.	Board of Adjustment	See Section 12-1-1.02, Variances.
Administrative Appeal	Appeals from decisions of City staff.	Within 10 days of the decision appealed.	None	Board of Adjustment	See Section 12-1-1.03, Administrative Appeals.
Appeals to City Council	Appeals from decisions of the Commission	Within 10 days of the decision appealed.	None	City Council	See Section 12-1-1.04, Appeals to City Council.
TABLE NOTE: ¹ Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC. ² Site Plan permit includes design review.

Table 11-2-1.03 Public Meeting Approvals
Permit	Required For	Timing	Exceptions	Issued By	Standards¹
No Public Hearing Required
Plats and Plans
Site Plan²	All new development; all redevelopment that involves the destruction of existing buildings; all alterations that involve expansions in floor area that effect parking ratio requirements. All alterations that effect any of the building elevations in public view regardless of expansion	Prior to building permit or site permit.	Single-family dwellings on individual lots	Commission	See Sec. 11-2-3.01, Site Plan Requirements.
Preliminary Plat	Subdivision of land and prior to submission of detailed construction drawings of all subdivision improvements.	Prior to commencement of land disturbance activity and final plat approval, installation of public improvements, and issuance of applicable permits.	The approval of the preliminary plat shall lapse unless a final plat is submitted within two years from the date of such approval, unless an extension of time is applied for and granted by the Commission.	Commission	See Section 5-1-4.04, Preliminary Plats.
Final Plat	Subdivision of land and acceptance of public improvements	Within two years from the date of preliminary plat approval, unless an extension of time is applied for and granted by the Commission.	Failure of the subdivider to pay the fees to record the plat within 30 days after approval shall render the final plat null and void.	Commission and City Council	See Section 5-1-4.05, Final Plats.
Public Hearing Required
Use Permits
Conditional Use Permit	New conditional uses; changes to a conditional use; material changes to or expansion of a conditional use.	Prior to establishment or modification of a conditional use.	None	City Council, upon recommendation of the Commission	See Section 2-2-1.05, Conditional Uses and Section 11-2-3.04, Conditional Use Permit.
Plats and Plans
Major Modifications of Plats; Change of Subdivision Name	Major changes to an approved plat (preliminary or final plats).	Prior to the construction or development that is within the area proposed to be modified.	Minor changes to a plat or parcel line may be permitted by the Administrator.	Commission and City Council	See Section 5-1-4.03, Major Modifications of Plats; Change of Subdivision Name.
Text and Map Amendments
Text Amendments	Amendments to the text of this UDC.	N/A	A petition from those listed in Chapter 10, Administrative Bodies.	City Council, upon recommendation of the Commission	See Section 11-2-3.06, Text Amendments.
Zoning Change (rezoning)	Changing the zoning district of a parcel from one district to another.	Prior to any change in land use other than those that are permitted in the respective zoning district.	None	City Council, upon recommendation of the Commission	See Section 11-2-3.07, Zone Change (Rezoning).
Variances and Appeals
Variance	Deviation from the standards of this UDC.	Prior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variances.	Prohibited uses shall not be allowed by variance.	Board of Adjustment	See Section 12-1-1.02, Variances.
Administrative Appeal	Appeals from decisions of City staff.	Within 10 days of the decision appealed.	None	Board of Adjustment	See Section 12-1-1.03, Administrative Appeals.
Appeals to City Council	Appeals from decisions of the Commission	Within 10 days of the decision appealed.	None	City Council	See Section 12-1-1.04, Appeals to City Council.
TABLE NOTE: ¹ Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC. ² Site Plan permit includes design review.

(Ord. No. O-2017-027, 11/14/2017; Ord. No. O-2020-012, 04/14/2020)

Effective on: 4/14/2020

Sec. 11-2-2.01 Site Permit Requirements

Tree removal in excess of:
1. Three canopy trees within a one calendar year period; or
2. If the parcel or lot contains more than one acre of tree canopy, three canopy trees per acre within the tree canopy within a one calendar year period.
Any excavation, fill, or earthmoving involving an earthwork volume greater than 10 cubic yards.
Construction, paving, or re-paving of any driveway, private street, parking lot, sidewalk or path.
Construction of any paved surface larger than 100 square feet in area.
Construction or installation of any sewer, pipe, swale, or ditch for drainage purposes, except footing tiles or roof drainage interior to a structure.
Installation of any exterior lighting for any site or use except single-family, two-family, or three-family dwelling units.

Application. Applications for approval of a site permit shall be on a form approved by the Administrator.

Decision Criteria. A site permit shall be issued if the Administrator finds that:

All applicable requirements of this UDC have been met; and
If any State or Federal approvals are required, said approvals have been granted.

Permit Conditions. All site permits are issued upon the following conditions:

The applicant shall notify the Administrator at least five days before beginning any land disturbing activity.
The applicant shall install and maintain all erosion control measures.
The applicant shall maintain all road drainage systems, storm water drainage systems and other facilities.
The applicant shall remove sediment resulting from land disturbing activities from adjacent surfaces and/or drainage courses.
The applicant shall allow the Administrator or designee to enter the site to verify compliance or to perform any work necessary to bring the site into compliance with approved permit.
The applicant shall submit a revised site permit for approval if the nature of the project changes from that proposed under the approved permit.

Effective on: 1/1/1901

Sec. 11-2-2.02 Certificate of Occupancy Permit Requirements

Generally.

No building may be occupied in the City without a certificate of occupancy permit as required by this Section. After the Effective Date of this UDC no change in the use of occupancy of land, nor any change of use or occupancy in any existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the Administrator.
No building or premises shall be occupied until a certificate of occupancy and permit is issued.

Records. A record of all certificates of occupancy shall be kept on file in the office of the Administrator and copies shall be furnished on request to any interested person.

Effective on: 1/1/1901

Sec. 11-2-2.03 Land Clearing Permit Requirements

Effective on: 1/1/1901

Sec. 11-2-2.04 Tree Removal Permit

The location of all buildings, structures, and other improvements that are proposed. The limits of the construction lines shall be shown as applicable.
The location of trees to be removed, located by measurements from the two nearest property lines and assigned a reference number.
The caliper and common name of all protected trees.
Any required replacement trees, shown with caliper size and the common name and scientific name of the tree. The scientific name will include Genus and species (e.g., Ulmus Americana).

Decision Criteria. An administrative tree removal permit shall be approved if it is demonstrated that:

Removal of the tree is reasonably required in order to conduct anticipated activities; or
A reasonable accommodation cannot be made to preserve the tree.

Effective on: 1/1/1901

Sec. 11-2-2.05 Administrative Plat

Qualifications. The categories of modifications that qualify for administrative approval or certification are as follows:

The realignment or shifting of lot boundary lines, including removal, alignment, or shifting of interior lot boundary lines, or the re-designation of lot numbers provided the application meets the following requirements:
1. Does not involve the creation of any new street or public improvement;
2. Does not increase the number of lots of record;
3. Does not involve more than five lots of record;
4. Does not reduce a lot size below the minimum area or dimension requirements established by Section 3-1-1.02, New Neighborhoods, or in certain instances, Section 3-1-1.03, Established Neighborhoods;
5. Does not involve more than one acre;
6. The property must be zoned RE, SR, SU or NC; and
7. Otherwise meets all the requirements of Article 5-1, Subdivision Design and Land Development.
Parcels of land where a portion has been expropriated or has been dedicated, sold, or otherwise transferred to the City thereby leaving a severed portion of the original property which requires a re-designation of lot number and establishment of new lot boundary lines.

Procedure.

Application. Applicant shall submit an application for an administrative subdivision, which are available at City Hall.
Submittal. Submittal requirements shall be the same as those of a standard subdivision (preliminary or final plat).
Fees. All plats submitted for administrative approval shall be accompanied by a fee as set out in the City’s established fee schedule, as amended from time to time.
Commission Review. The Administrator may, upon review of the submittal, at his/her discretion, require that the request go through the standard subdivision process with the review and decision being made by the Commission.

Effective on: 1/1/1901

Sec. 11-2-2.06 Zoning Clearance Permit, Permitted Use

Decision. The Administrator shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 11-2-2.07 Temporary Use Permit

Decision. The Administrator shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 11-2-2.08 Floodplain Development Permit

The danger to life and property due to flooding or erosion damage;
The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner;
The danger that materials may be swept onto other lands to the injury of others;
The compatibility of the proposed use with existing and anticipated development;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
The costs of providing governmental service during and after flood conditions, including maintenance and repair of streets and bridges and public utilities and facilities such as sewer, gas, electrical and water systems;
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site;
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
The relationship of the proposed use to the master plan and/or comprehensive plan for that area.

Permit Issuance. No permit for any construction or development in any flood hazard area shall be issued until a floodplain development permit has been issued by the Administrator.

Effective on: 1/1/1901

Sec. 11-2-2.09 Floodplain Development Permit Waiver

Effective on: 1/1/1901

Sec. 11-2-2.10 Drainage Plan

Procedure.

A drainage report and plans shall be prepared by a registered engineer engaged by the subdivider for any land that is proposed to be subdivided, developer, improved, or used to build any residential, commercial, or industrial development or subdivision. The study and report shall be submitted to the Administrator, together with subdivision or site plan applications and the fee(s) established by the City Council.
The Administrator shall transmit the drainage study and report to the City Engineer and other applicable review, approval, or implementing agencies.
Prior to authorization of any building permit, the City Engineer shall review and approve the drainage report and plans as set out in Section 5-4-1.03, Drainage Plan Required. The City Engineer shall have final authority of engineer interpretations of all required submittals necessary to this UDC, and shall report the findings to the Administrator for appropriate action regarding the subdivision or site plan applications.
Sufficient inspections shall be made to ensure compliance with the specifications set out in this UDC and other applicable regulations and ordinances. A registered engineer, employed by the subdivider and approved by the City Engineer, may certify in writing to the City Engineer that such engineer has inspected each phase of the construction of the storm drainage improvements and certified that they meet the requirements and standards of this UDC and all other applicable regulations and ordinances of the City, as well as other applicable review, approval, or implementing agencies. The City Engineer shall make a final inspection of the storm drainage improvements before accepting the improvements for dedication to the City for permanent maintenance.

Effective on: 1/1/1901

Sec. 11-2-2.11 Building Permit

Generally. Procedure shall be according to the procedures set out in the applicable uniform building code and UDC.

Standards for Issuance. The Building Official issues building permits upon a finding that the proposed building or structure, or improvements to an existing building or structure, complies with:

Approved plans for development (e.g., site plans), or in the absence of a requirement for previously approved plans, this UDC (including but not limited to setbacks, building coverage, height, and design); and
All applicable uniform building codes.

Decision. Decisions shall be rendered according to the procedures set out in the applicable uniform building code.

Expiration.

If the work described in any building permit has not begun within 90 days from the date of issuance, the building permit shall expire and be cancelled by the Building Official. Written notice shall be given to the persons affected.
If the work described in any building permit has not been substantially completed within one year of the date of issuance, the building permit shall expire and be cancelled by the Building Official. Written notice shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a special building permit has been obtained.

Effective on: 1/1/1901

Sec. 11-2-2.12 Right-of-Way Encroachment

Generally. Within the UP District, encroachments into the public right-of-way are permitted subject to the standards set out in Section 4-2-5.01, Unity Plaza (UP) District, Subsection C.

Effective on: 1/1/1901

Sec. 11-2-2.13 Sign Permit

Effective on: 1/1/1901

Sec. 11-2-3.01 Site Plan Requirements

Generally. The standards of this Section are applied to site plans. Site plans are required as provided in Table 11-2-1.03, Public Meeting Approvals.

Application. Applications for approval of a site plan shall be on a form approved by the Administrator.

Decision Criteria.

The proposed development or structure meets all of the requirements of this UDC.
The proposed project, building or development does not place an undue burden upon public facilities or infrastructure, including but not limited to:
1. Inefficient street networks causing undue congestion of streets and traffic access;
2. Building and parking arrangements that would overcrowd land or overburden public facilities and services such as transportation, sewage, drainage, schools, parks, fire or police protection, and other public facilities and services; or
3. Inadequate pedestrian ways.

Conditions of Approval. The Commission may impose conditions of approval as may be necessary to ensure compliance with this UDC.

Effective on: 1/1/1901

Sec. 11-2-3.02 Preliminary Plat

After a pre-application conference, as applicable, prepare and submit to the Administrator for the review, consideration, and tentative approval of the Commission a preliminary plat of the proposed subdivision;
After tentative approval of the preliminary plat by the Commission, the Administrator will provide the tentatively approved preliminary plat to the Commission Chairperson, who has 14 days after receiving the decision of the Commission to sign the plat.
After tentative approval of the preliminary plat, submit detailed construction drawings for the review, consideration, and approval of the City Engineer that are in accordance with this UDC and all other standards and requirements of the City;
After approval of the detailed construction drawings by the City Engineer, either construct the improvements for the inspection and approval of the City Engineer, or an appointee, or post a performance bond that assures that all improvements will be completed per the approved detailed construction drawings;
After tentative approval of the Commission and City Engineer, the preliminary plat is approved. Approval of the preliminary plat does not constitute acceptance or approval of the final plat;
After acceptance of the preliminary plat, submit an application for final plat within two years from the date of preliminary plat approval, or request an extension of time from the Commission. The approval of the preliminary plat shall lapse unless a final plat is submitted within two years from the date of preliminary plat approval; and
The third step is the preparation and submission of the final plat together with required certificates to the Commission. This final plat becomes the instrument to be recorded in the office of the Clerk of Court, Montgomery County, when duly signed by the chairperson of the Commission.

Effective on: 1/1/1901

Sec. 11-2-3.03 Final Plat

After approval of the detailed construction drawings by the City Engineer, a final plat application may be submitted. The final plat shall conform substantially to the approved preliminary plat. The final plat may constitute only a portion of the approved preliminary plat that is proposed to be recorded and developed; provided, however, that such portion conforms substantially to all requirements of this UDC and other standards and requirements of the City.
After submission of a final plat application:
1. The Commission shall review and approve or disapprove the final plat with a recommendation to City Council.
2. After review by the Commission, City Council shall approve or disapprove the final plat.
3. Within 30 days after receipt of the plat the Mayor and Commission Chairperson shall sign the plat.
4. Failure by the City to act on this final plat within these 30 days shall be deemed approval of it. If the plat is disapproved, the grounds for disapproval shall be stated upon the records in writing.
After approval of the final plat, submit the following certificates that shall be on each sheet that is filed with the Montgomery County Clerk of Court.
1. Certificate showing the applicant is the landowner and dedicates street and other rights-of-way and any sites for public use;
2. Certification by a registered land surveyor as to the accuracy of the survey and plat and the placement of monuments;
3. Certification by the City Engineer as to the sewage disposal and water systems;
4. Certification by the City Engineer, or any other official or body authorized by law to act prior to the approval of the plat, that the subdivider has complied with one of the following alternatives:
  1. Installation and an acceptable inspection by the City Engineer, or an appointee, of all improvements in accordance with the requirements of the UDC and the detailed construction drawings; and
  2. Posting of a performance bond in sufficient amount as to assure the completion of all required improvements and detailed construction drawings as approved by the City Engineer. For any bond there shall be submitted with the plat a certificate of the City Attorney as to the sufficiency of the bond offers, which shall be no less and may be more than 100 percent of the estimated contract amount.
5. Certification of approval to be signed by the Chairperson of the Commission.
After approval of the final plat and submission of the required certifications:
1. Submit a film positive of the approved final plat, with any corrections and/or changes required by the Commission, to the Administrator.
2. The Applicant shall provide a minimum of two blue-line prints of the approved final plat to the Administrator who will obtain the signatures of the City Engineer, Commission Chairperson, and Mayor on the film positive and prints.
3. The Administrator shall mail, by U.S. Certified mail/return receipt requested, all signed blue-line prints and film positive of the final plat to the applicant within 10 days of the latest date on the final plat signatures.
4. The Applicant shall have the plat duly recorded in the office of the Property Records Clerk of Montgomery County, Texas.
5. After the recording of the final plat, the Applicant shall distribute the copies of the recorded final plat, which shall show all signatures and the file number of the Clerk of Court, as follows:
  1. PDF copies of each page of the final plat shall be emailed to the Administrator and City Engineer;
  2. Two blue-line prints shall be returned to the Administrator, or an appointee by U.S. Certified Mail.
  3. If the return receipt is not received within 30 calendar days of the date of mailing of the copies, the Applicant shall notify the Administrator verbally or in writing, and two additional copies of the recorded, signed final plat shall be mailed to the Administrator by U.S. certified mail, return receipt requested, and these actions shall also be noted on the permanent record of the subdivision. This procedure shall be repeated until a signed return receipt has been received by the Administrator.
6. Failure by the subdivider to pay the fee specified in Subsection 4.a. above, within 30 days after approval of the final plat, the subdivider having been duly notified of the approval, shall render the final plat null and void and the subdivider shall be so notified by the Administrator by U.S. certified mail, return receipt requested. This action shall be so noted on the permanent record of the subdivision request.
If approval of the final plat is contingent upon an agreement to be affected after discussion between the subdivider and any department of the City, and such agreement is not reached or is not expected to be reached within the 30-day period required in Section 4.e. above, the Commission may, but does not have to, extend, once only, the final date on which the subdivider must pay the fee specified in Subsection 4.a. above, to avoid the final plat becoming null and void by not more than 30 days, upon a favorable vote on such action by a majority of the authorized membership of the Commission in a convened legal session.

(Ord. No. O-2020-012, 04/14/2020)

Effective on: 4/14/2020

Sec. 11-2-3.04 Conditional Use Permit

The conditional use shall not be of a type that would tend to undermine the implementation of an adopted plan that includes the parcel proposed for development.
The conditional use shall be compatible with surrounding land uses and the natural environment, and will not materially detract from the character of the immediate area or negatively affect the planned or anticipated development or redevelopment trajectory.
There is no practicable alternative location where the use is permitted as-of-right within 1,000 feet of the parcel proposed for development, or, if such a location exists, the proposed location is more favorable in terms of:
1. Providing a needed community service;
2. Providing a critical mass of jobs that are likely to pay more than the median wages for the region;
3. Providing a balance of land uses, ensuring that appropriate supporting activities, such as employment, housing, leisure-time, and retail centers are in close proximity to one another; or
4. Making more efficient use of public infrastructure, such as off-peak street capacity.
The approval of the conditional use will not create a critical mass of similar conditional uses that is likely to discourage permitted uses by making the vicinity less desirable for them.
The conditional use and any conditions of development shall adequately protect public health and safety against natural and man-made hazards which include, but are not limited to, traffic noise, water pollution, airport hazards, and flooding.
The conditional use will not use an unfairly disproportionate share of public services that would compromise the delivery of those services to other uses in the vicinity. Applicable public services include, but are not limited to, utilities, police protection, fire protection, schools, parks, and libraries.

Additional landscaping or buffering, or landscaping improvements;
Building or façade improvements;
Specification of hours of operation;
Limitations on the use or related activities;
Noise abatement measures;
Limitations on lighting, such as lighting curfews or restrictions on levels of illumination;
Measures to control, mitigate, or direct traffic;
Parking, loading, and site circulation adjustments;
Restrictions on outdoor displays, sales, or storage;
Standards and assurances regarding the maintenance of property;
Restrictions on signage that relate only to the sign structure, materials, lighting, placement, size, or type, but not to the content of messages displayed (unless such messages are not protected speech); and
An expiration date for the permit, before which the permit must be renewed in order for the conditional use to continue to operate.

Annotation of Official Zoning Map. If the application is approved, the Official Zoning Map shall be annotated to reference the approval by case number.

Effective on: 1/1/1901

Sec. 11-2-3.05 Major Modifications of Plats; Change of Subdivisions Name

Generally. Major modifications of plat are any modifications that are not considered minor are set out in Section 11-2-2.05, Administrative Plat.

Approval Required. The Commission approval.

Application Procedure and Materials for Major Modifications. Applications for a major modification shall require, at a minimum, the following information:

A copy of the plat proposed to be modified;
A sketch drawing that includes enough detail to show the context of the subdivision with respect to abutting property within 300 feet of any lot line;
A proposed plat containing the proposed parcel or lot lines, which demonstrates compliance with this UDC; and
If site drainage is affected by the modification, a drainage plan.

A petition by all owners of lots in the subdivision;
A copy of the revised plat, which shall be the same as the existing plat, but with the following additional text appearing on its face:
1. “This is an existing approved subdivision that is filing for a name change only. Approved by the Planning and Zoning Commission on _______ (date) _______”; and
2. A signature line for the Planning and Zoning Commission Chairperson.

Effective on: 1/1/1901

Sec. 11-2-3.06 Text Amendments

The proposed amendment will help to implement the adopted Comprehensive Plan, or, if it addresses a topic that is not addressed or not fully developed in the Comprehensive Plan, the proposed amendment does not impair the implementation of the adopted Comprehensive Plan when compared to the existing UDC.
The proposed amendment is consistent with the stated purposes of this UDC.
The proposed amendment will maintain or advance the public health, safety, or general welfare.
The proposed amendment will help to mitigate adverse impacts of the use and development of land on the natural or built environment, including, but not limited to mobility, air quality, water quality, noise levels, storm water management, wildlife protection, and vegetation; or will be neutral with respect to these issues.
The proposed amendment will advance the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.

Staff Review. The Administrator shall review each proposed amendment in light of the approval criteria of Subsection C., above, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Administrator shall provide a report and recommendation to the Commission.
Commission Recommendation.
1. The Commission shall hold a hearing on the proposed text amendment. Following the hearing, the Commission shall make a final report to the City Council.
2. If no final report is made within 45 days of the Commission's hearing, then the Commission may request an extension of time from the City Council. Such request shall be within the 45 day period. If no final report is made and no extension is granted, the City Council may act on the proposed amendment without a recommendation from the Commission.
3. Failure of the Commission to issue a final report to the City Council shall be interpreted as a final report with no recommendation.
4. Upon receiving the report of the Commission, the Administrator shall draft an ordinance, submit it to the City Attorney for approval as to form, and shall forward the ordinance to the City Council for consideration.
City Council Action. Upon receipt of the final report from the Commission, the City Council shall vote to approve, approve with amendments, or reject the proposed amendment, based on the approval criteria in Subsection C., above. The City Council also may refer the proposed amendment back to the Commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days (or shorter period if the application is being processed concurrently with a plat and the plat application is still pending at the time the amendment is postponed).

Effective on: 1/1/1901

Sec. 11-2-3.07 Zone Change (Rezoning)

Generally. The boundaries of any zoning district in the City may be changed, or the zone classification of any parcel of land may be changed, as provided in this Section.

Initiation of Zone Change.

A zone change (rezoning) may be initiated by the owner of the property to be rezoned or their authorized agent or representative, the City Council, the Commission, or by the Administrator. Zone change applications by property owners and their agents or representatives shall be submitted on a form approved by the Administrator, which is available at City Hall.
The Administrator may require the submission of such other information as may be necessary to permit the informed exercise of judgment under the criteria for the review of a zone change application. Such information shall be related to the scale, location, and impacts of the zone change application and may include, by way of illustration and not limitation, analysis of the capacity of the land to support development (e.g., soil characteristics and hydrology) or the additional impacts (or reduction in impacts) that may be created by changing the district designation, in terms of: traffic (trip generation), drainage (flooding), visual, aesthetic, and land use adjacency impacts, water and wastewater use and availability, and other information determined by the City as necessary to make an informed analysis and decision.

Criteria for Approval. The Commission may recommend approval, and City Council may grant the approval of a zone change request if it is demonstrated that:

The proposed zoning is preferable to the existing zoning in terms of its likelihood of advancing the goals, objectives, and policies of the Comprehensive Plan or another adopted land use or area plan, including but not limited to redevelopment plans;
The proposed zoning is consistent with the future land use plan of the Comprehensive Plan (a future land use plan amendment may be processed concurrently with the zone change);
The proposed change is consistent with the implementation of existing or pending plans for providing streets, water and wastewater, other utilities, and the delivery of public services to the area in which the parcel proposed for a zone change is located;
The range of uses and the character of development that is allowed by the proposed zone will be compatible with the properties in the immediate vicinity of the parcel proposed for a zone change, and the parcel proposed for a zone change has sufficient dimensions to accommodate reasonable development that complies with the requirements of this UDC, including parking and buffering requirements; and
The pace of development and/or the amount of vacant land currently zoned for comparable development in the vicinity suggests a need for the proposed rezoning in order to ensure an appropriate inventory of land to maintain a competitive land market that promotes economic development.

A pre-application conference is required for an application for a zone change.
A zone change application, properly completed, signed, and accompanied by an application fee, shall be submitted to the City Hall no later than 30 calendar days prior to the meeting of the Commission for which the application is to be considered. The Commission may suspend the 30-day deadline for a petition or deposit if in their opinion a delay would cause the applicant unusual hardship or expense. Late applications must be complete.
The period for completeness review is five days from the date of receipt of the zone change application. If the Administrator, or an appointee, determines the application is incomplete or requires additional information pursuant to Subsection B.2., above, the Administrator may retain the application and notify the applicant regarding the specific information requested. In such circumstance, the application will be considered by the Commission at their next available scheduled meeting date.
The applicant shall provide the additional information within 30 calendar days of the date of the Administrator's request. If the materials are not submitted within said time period, the application shall lapse.
Upon acceptance of a complete application and review and recommendation of the Administrator, the Administrator shall notify the applicant in writing of the date, time, and place of the public meeting at which time the application will be presented to and considered by the Commission.
The applicant or an agent or representative, or in the case of a corporation, an officer of the corporation, either of whom is sufficiently knowledgeable of the application and competent to answer questions and who is empowered to make changes in the application shall be present at the public meeting at which time the application is presented to and considered by the Commission. Failure of the applicant or a competent agent or representative to be present at the public meeting may result in a tabling or denial of the application. Notice of a proposed change and date, time and place of the public meeting shall be published as set out in Section 11-3-1.06, Public Notice.
At the public meeting, the Commission shall be permitted to discuss the petition among themselves, with the applicant, and with the Administrator. The Commission shall have the privilege of making any comments or recommendations. However, the Commission is specifically denied the right to direct or order the applicant to change, in any way, the application presented, or to deny holding a public hearing on an application if a qualified applicant is present at this public meeting. The discussion at this meeting shall not replace a public hearing and no input from the general public shall be permitted at this Commission meeting. However, experts requested by the Commission or the applicant(s) may be heard.
Should the applicant(s) choose to modify the application for a zone change, the applicant(s) may do so at this meeting. Before the conclusion of the meeting, the Commission shall set a date for a public hearing on the application as presented or as modified by the applicant(s) at the meeting.
Within 120 days from the introduction of a complete application, the Commission shall submit its final report and recommendations regarding the change(s) to the City Council. This report shall be made within 10 calendar days of the Commission meeting at which time the final action was taken. The Commission may defer its report for no longer than its next meeting to have an opportunity to consider revisions to the submittal that are requested from or volunteered by an applicant, which may have a direct bearing on the proposed zone change. The City Council shall not take action on the proposed change(s) until it receives the final report of the Commission.
Any amendment that fails to receive the approval of the Commission shall not be approved by the City Council except by an affirmative vote of the majority of the authorized membership of the City Council. A final yea and nay vote shall be taken on the application by the City Council within 120 calendar days from the introduction of the ordinance in correct form.

Decision.

The City Council shall hold a public hearing on the application at which time they will consider the recommendation of the Commission and take one of the following actions:
1. Approve the zone change by ordinance;
2. Approve the zone change by ordinance with modifications;
3. Deny the zone change; or
4. Refer the proposed zone change back to the Commission for further consideration.
The City Council shall support its decision with written findings of fact regarding the approval criteria in Subsection C., above.

Effective on: 1/1/1901

Sec. 11-3-1.01 Application of Standardized Development Approval Procedures

Effective on: 1/1/1901

Sec. 11-3-1.02 Pre-Application Conference

Generally.

A pre-application conference is recommended for all applications for development approval except applications for building permits for single-family detached dwellings or two-family dwellings, residential accessory buildings or structures, and signs. At the pre-application conference, the responsible official and other members of City Staff, as appropriate, will meet with the applicant to review preliminary materials, identify issues, and advise the applicant regarding which applications and approvals will be required from the City and what information will have to be provided.
Informal meetings may be scheduled prior to a pre-application conference, at the discretion of the applicant and the City Staff. Such meetings are recommended prior to the development of site plans.

Meeting Materials.

The applicant shall bring to (or submit prior to) the pre-application conference sufficient supporting materials to explain:
1. The location of the project;
2. The proposed uses (in general terms);
3. The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities;
4. The relationship to existing development;
5. Generally, the presence of natural resources, open water, floodplains, and floodways on the parcel proposed for development;
6. Any other conditions or items that the applicant believes are relevant to the processing of the application.
The responsible official may request that the applicant bring completed application forms (in draft form) for the types of permits being sought.

Effective on: 1/1/1901

Sec. 11-3-1.03 Filing of Application

Generally. Every application for development approval required by this UDC shall be submitted on a form approved by the responsible official, along with the corresponding application fee.

Forms.

The responsible official shall promulgate and periodically revise forms for each type of application required by this UDC.
Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the responsible official, and have the purpose of facilitating:
1. The evaluation of applications for compliance with the standards of this UDC; and
2. The administration of this UDC.

Schedule. The responsible official is authorized, but not required, to establish regular intake days for any or all classifications of applications for development approval, provided that:

The schedule is posted at City Hall and on the City's web site; and
The schedule provides for applications to be submitted:
1. Site permits and building permits are not limited to certain days.
2. At least twice per month for applications listed in Section 11-2-1.03, Public Meeting Approvals.
The schedule does not restrict the timing of notices of appeal.

Effective on: 1/1/1901

Sec. 11-3-1.04 Application Completeness Review

General. Within five business days after an application is submitted, the responsible official (or designee) shall review the application to verify that it is complete.

Incomplete Applications.

Incomplete applications shall be returned to the applicant with a written explanation that describes in general terms the materials that must be submitted in order to complete the application.
No application that does not include the applicable processing fee shall be considered complete.

Complete Applications. Complete applications shall be processed according to the applicable procedures of this Article.

Effective on: 1/1/1901

Sec. 11-3-1.05 Administrative Review

Administrative Recommendation or Decision.

If the application is for an administrative permit the responsible official shall approve, approve with conditions, or deny the application, as appropriate; or
If the application is for a public meeting permit, the responsible official shall make a recommendation regarding the application and forward the recommendation to the next body that will consider it for further recommendation or approval. If the application is for a site plan approval, the responsible official shall make the recommendation based on the input from the Administrator which shall be convened to review the application.

Meeting Logistics.

If the application is for a public meeting permit, the responsible official shall set the application on the next available agenda of the next body that will consider the application.
The responsible official shall coordinate with recommending and decision-making bodies to fix reasonable times for hearings.

Effective on: 1/1/1901

Sec. 11-3-1.06 Public Notice

Generally. Public notice of public hearings required by this UDC shall be provided as required by Table 11-3-1.06, Required Notice.

Table 11-3-1.06 Required Notice
Type of Public Hearing	Posted Notice	Publication Notice
Text Amendment	N/A	Published not less than 15 days before the City Council hearing in a newspaper of general circulation
Conditional Use Permit	10 days before hearing	Published not less than 15 days before the City Council hearing in a newspaper of general circulation
Zone Change (rezoning)	10 days before hearing	Published not less than 15 days before the City Council hearing in a newspaper of general circulation

Table 11-3-1.06 Required Notice
Type of Public Hearing	Posted Notice	Publication Notice
Text Amendment	N/A	Published not less than 15 days before the City Council hearing in a newspaper of general circulation
Conditional Use Permit	10 days before hearing	Published not less than 15 days before the City Council hearing in a newspaper of general circulation
Zone Change (rezoning)	10 days before hearing	Published not less than 15 days before the City Council hearing in a newspaper of general circulation

Technical Requirements for Notice. All notices shall describe the action proposed to be taken and the date, time, and place of the public hearing. In addition, the following requirements apply based on the type of required notice:
1. Posted Notice.
  1. Signs shall be of a size and design as to be readily visible to passersby.
  2. Signs shall be placed at intervals of not less than one sign every 300 feet along public thoroughfares bordering the subject property.
2. Publication Notice. Where publication is required, notice shall be published at least 15 days prior to the public hearing date, or as provided by State law in a newspaper of general circulation.

Effective on: 1/1/1901

Sec. 11-3-1.07 Planning and Zoning Commission Meeting

Generally. All public meeting permit approvals require a meeting before the Commission, as may be required by Section 11-2-1.03, Public Meeting Approvals.

Meeting Procedures. The Commission shall adopt rules of procedure for the conduct of the meeting. The following general procedures shall be reflected in the adopted rules of procedure.

Any person may appear at the meeting.
Applicants and the City shall have the right to present to the Commission.
No action may be taken on items that are not on the Commission agenda.

Decision or Recommendation. The Commission shall, as required by Section 11-2-1.03, Public Meeting Approvals:

Approve the application;
Approve the application with conditions;
Deny the application;
Continue the application; or
Make a corresponding recommendation to the City Council on the application.

Effective on: 1/1/1901

Sec. 11-3-1.08 City Council Public Meeting

Decision. After a public meeting on the application, the City Council shall:

Approve the application;
Approve the application with conditions;
Deny the application;
Continue the hearing on the application; or
Refer the application back to the Commission for further review and recommendation.

Effective on: 1/1/1901

Sec. 11-3-1.09 Continuances and Withdrawal of Applications

Withdrawal. Any application may be withdrawn, either in writing or on the record during the proceeding before the recommendation or decision is made.

Effective on: 1/1/1901

Sec. 11-3-1.10 Approval; Effect of Approval

Expiration of Approvals.

Permitted time frames for an approval do not change with changes in ownership and shall expire as indicated in Table 11-3-1.10, Time Limitations and Extensions, if either of the following occur:
1. A building permit or site permit has not been issued to establish the use authorized in the approval; or
2. The use does not require a building permit and is not established, ongoing, and in operation.
Although a permit may expire, nothing in Subsection D.1., above, abrogates the right to seek a new permit. However, the new permit application will be decided based on its compliance with the standards that are in place at the time it is filed.
Any approval not listed in Table 11-3.1.10, Time Limitations and Extensions, shall not expire. Such approvals shall continue in force until superseded by an amendment to this UDC, a subsequent, inconsistent application, or other similar specific action that would alter the approval.

Extensions.

Upon written request and good cause shown, one extension may be granted by the decision-making body for a period not to exceed the original approval period. No request for an extension shall be considered unless a written application requesting the extension is submitted to the responsible official no later than one month prior to the expiration of the approval. Failure to submit an application for an extension within the time limits established by this Section shall result in the approval's expiration as provided above.
This Subsection does not apply to building permits if evidence of good-faith effort toward completion is provided to the responsible official.

Table 11-3-1.10 Time Limitations and Extensions
Application Type	Time Limitation
Site Permit	6 months to commencement of construction, and 3 years to completion
Site Plan Approval	24 months
Building Permit	180 days unless otherwise approved by Building Inspector; or expires due to 30 days of dormancy or abandonment.

Table 11-3-1.10 Time Limitations and Extensions
Application Type	Time Limitation
Site Permit	6 months to commencement of construction, and 3 years to completion
Site Plan Approval	24 months
Building Permit	180 days unless otherwise approved by Building Inspector; or expires due to 30 days of dormancy or abandonment.

Effective on: 1/1/1901

Sec. 11-3-1.11 Successive Applications

Time Required Between Substantially Similar Applications. The City shall not accept any application that is substantially similar to an application that was denied six months prior.

Appeal and Waiver of Restrictions.

The responsible official's determination that an application is substantially similar to a denied application is subject to administrative appeal.
In the alternative to an appeal, the applicant may seek a waiver of the successive application rules from the City Council, which may grant the waiver for good cause shown.

Effective on: 1/1/1901

Sec. 11-3-2.01 Interpretations

Interpretation Guidelines. The responsible official shall refer to the following to provide the policy framework for interpretations:

Refer to Article 11-1, Purpose and Application of Chapter 11, at the beginning of this Chapter which includes the interpretation section, and any purpose statements within the Article or Section that may be relevant to the determination;
Refer to Chapter 13, Enforcement, Interpretation, Disclaimer, and Repealer; and
The adopted Comprehensive Plan for the City of Magnolia.

Effective on: 1/1/1901

Sec. 11-3-2.02 Administrative Appeals

Generally.

The purpose of administrative appeals is to provide an opportunity for affected parties to seek review of a decision of a responsible official or the Commission in a timely and inexpensive way.
Administrative appeals are decided by the City Council.

Standards to be Reviewed. The City Council shall decide appeals according to the same standards that the decision-maker was to apply to the application.

Scope of Review. The City Council shall review the application in the same manner as the decision-maker. However:

No evidence shall be presented to the City Council that was not considered by the decision-maker; and
No issues shall be reviewed by the City Council that were not described or obviously implied by the petition for appeal.

Parties to Appeal.

Only parties shall have standing to bring an appeal. No appeal by a person who is not a party shall be heard.
The parties to an appeal are the Petitioner and the Respondent. The City is always a Respondent. Other interested parties may also join as respondents pursuant to Subsection G., below.
A person or entity is a party if it demonstrates:
1. That final action of the City caused it injury;
2. The injury is different in kind or degree from injury to members of the general public; and
3. The injury can be remedied if the appeal is granted.
The Applicant is always a party, and shall not be required to demonstrate injury if:
1. The Applicant is appealing an adverse decision or an adverse condition of approval, in which case the Applicant is a Petitioner; or
2. The Applicant's application is the subject of an appeal by another party, in which case the Applicant is a Respondent.
Any person or entity that owns property within 300 feet of any parcel line of the parcel that is the subject of the appeal shall not be required to demonstrate injury.

The name, address, and telephone number of the Petitioner;
A short statement indicating the nature of the application, the application number, the date of hearing, and the decision;
A short statement indicating how the Petitioner qualifies as a party, pursuant to either Subsections D.3., D.4., or D.5. above; and
A short but specific statement regarding how the decision appealed violates this UDC. The statement shall refer to the particular section numbers upon which the Petitioner relies.

Contents of Notice. The notice of appearance shall include:
1. The name, address, and telephone number of the person or entity entering the Notice of Appearance;
2. A reference to the appeal number and date of decision;
3. A short statement indicating how the person or entity entering the Notice of Appearance qualifies as a party.
4. A statement as to whether the person or entity entering the Notice of Appearance is seeking to become a Petitioner or Respondent in the appeal.
Materials to be Provided to Adverse Party. The City shall require the Petitioner to furnish each adverse party with a copy of the petition and the application for development approval for the property that is the subject of the appeal.

Public Hearing and Decision. The City Council shall hold a public hearing on the appeal according to the following procedures:

Order of Presentation. The appeal hearing shall be ordered as follows:
1. Members of the City Council shall disclose:
  1. Potential conflicts of interest; and
  2. Communications with others involved.
2. The Petitioner shall present the appeal.
3. The Respondent shall present a response.
4. Intervenors shall be heard, first on behalf of the Petitioner, and then on behalf of the Responded.
5. Members of the public may be heard.
6. The Petitioner may cross-examine the Respondent or Intervenors.
7. The Respondent may cross-examine the Petitioner or Intervenors.
8. The Petitioner may make a closing argument.
9. The Respondent may make a closing argument.
10. Members of the City Council may ask questions of the Petitioner, Respondent, or City Staff.
11. The City Council shall decide the appeal by majority vote of a quorum present.
Form of Decision. Decisions regarding appeals shall be reduced to writing, executed by the Mayor or the Mayor Pro Tem in absence of the Mayor. Such written decisions shall include the factual basis for the decision and a record of the vote on the decision by the City Council.

Effective on: 1/1/1901

Sec. 11-3-3.01 City Initiated Amendments

Required Additional Procedures. No amendment to this UDC shall be effective unless:

The City Council has received a final report from the Commission on the merits of the amendment; and
The City Council has held a public hearing upon the proposed amendment at which parties in interest and citizens have had an opportunity to be heard, at least 15 days’ notice of which hearing has been published in the newspaper of general circulation.

Effective on: 1/1/1901

Sec. 11-3-4.01 Development and Annexation Agreements Authorized

Authorization. Proposed development agreements and annexation agreements shall be reviewed by the City Attorney and shall be approved by the City Council before execution.

Effective on: 1/1/1901

Sec. 11-3-4.02 Contents of Development and Annexation Agreements

Required Development Agreement Provisions. A development agreement shall include at least the following provisions:

Design Standards;
Subdivision Standards;
Duration of the agreement;
Permitted uses; and
Terms and conditions relating to financing of necessary public facilities by the applicant; and, if such improvements serve more than the applicant's subdivision, subsequent reimbursement of the applicant over time.

Annexation Agreements. An annexation agreement shall include at least the following provisions:

An irrevocable consent of the owner of the property that is the subject of the annexation agreement to consent to annexation into the City pursuant to the agreement;
The timing or conditions upon which the annexation will take place; and
The timing or phasing of extension of utilities and services to the annexed property, including how the costs of the extension will be allocated between the City and the property owner.

Optional Provisions. Development agreements and annexation agreements may include:

Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set out in the agreement;
A requirement that construction shall be commenced within a specified time and/or that the project or any phase thereof be completed within a specified time; and
Any other lawful provision that is mutually agreed to between the property owner and the City.

Planned Development District (PD)

General purpose and description.
1. The PD Planned Development District is a district which accommodates planned associations of uses developed as integral land use units such as office parks, retail/commerical or service centers, shoppingcenters, residential developments having a mixture of housing options (e.g., Single-Family, Multifamily, Duplex (Two Family), etc.), or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PD Planned Development District may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this chapter, to ensure the compatibility of land uses, and to allow for the adjustment of changing demands to meet the current needs of the community by meeting one or more of the following purposes:
  1. To provide for a superior design on lots or buildings;
  2. To provide for increased recreation and open space opportunities for public use and enjoyment;
  3. To provide amentiies or features that would be of special benefit to the property users or to the overall community;
  4. To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes, viewscapes, or wildlife habitats;
  5. To protect or preserve existing historical buildings, structures, features or places;
  6. To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services; and
  7. To meet or exceed the standards of this chapter.
2. The city council, after public hearing and proper notice to all parties affected and after recommendation from the planning and zoning commission, may authorize the creation of a PD Planned Development District, in accordance with the provisions of this section and standards set out in the Unified Development Code.
3. The ordinance granting a PD Planned Development District shall include a statement as to the purpose and intent of the PD Planned Development District granted therein, as well as a general statement citing the reason for the PD Planned DevelopmentDistrict request.
Permitted uses.
1. A PD Planned Development District may be approved with any use or combination of uses allowed by this chapter. The uses permitted in any specific PD Planned Development District shall be enumerated in the ordinance establishing such district, along with any conditions or limitationsdeemed appropriate for the specified uses.
Area and height regulations.
1. The minimum acreage for a PD Planned Development District request shall be two acres.
2. Each PD Planned Development District shall establish regulations deemed necessary and appropriate for the development of the property within the district and the protection of neighboring properties. These regulations may include, but are not limited to, the following:
  1. Front, side, and rear yard requirements;
  2. Minimum lot width, depth, and areas requirements;
  3. Maximum lot coverage;
  4. Maximum building size and/or height;
  5. Landscaping, open space, and screening requirements;
  6. Off-street parking and loading requirements; and
  7. Signage requirements.
3. Minimum regulations. Each PD Planned Development District shall establish regulations deemed necessary and appropriate for the development of the property within the district and the protection of neighboring properties.
4. Maximum lot coverage. Not more than 60 percent of a lot may be covered with buildings, driveways, sidewalks, or other impermeable material, unless approved otherwise at the time of the PD Planned Development District and/or site plan approval by the planning and zoning commission and the city council.
5. Maximum height. Maximum height shall not exceed 35 feet unless approved by the planning and zoning commission the city council
6. Green space/recreational areas. A minimum of 20 percent of the gross platted area shall be green space. The term "green space" is defined as, and limited to common areas of green space or landscaping and community recreational areas that are irrigated and continuously maintained. The term "green space" does not include areas specifically designatedor used as building sites or zero lot line units. The actual surface areas of green space, such as common area lawns and landscaping, community swimming pools and surrounding paved deck area, community tennis courts, community rooms, community saunas, and other common recreational areas, shall be considered in calculating the minimum requirement for green space. Detention ponds and surrounding areas may also be considered "green space" so long as the detention area is amenitized. Required buffer yards, except surfaced parking and driveways located within said buffer yards, if any, may be included in computing the minimum required area of green space.
7. Reserved.
8. Reserved.
9. Reserved.
Approval process.
1. The review process for a planned developmentshall include up to five steps:
  1. Preapplication conference with the city administrator or his designee
  2. Payment of Development Escrow Fee, see Ch. 11 and City Fee Schedule
  3. Adoption of ordinance establishing planned developmentdistrict;
  4. Concept plan; and
  5. Construction of project (after city approval of all required plans and plats).
2. Payment of all indebtedness attributable to the subject property.
3. Reserved.
4. Reserved
Concept plan.
1. Purpose. This section establishes a review process for planned developments. The purpose is to ensure that a development project is in compliance with all applicable city ordinances and guidelines prior to commencement of construction.
2. Applicability. Submission and approval of a concept plan shall be required for all planned developments.
3. Building permit and certificate of occupancy. A concept plan shall be submitted in conjunction with a building permit application (this is a different application than the building permit plan that is discussed within this section). No building permit shall be issued until a concept plan and all other required engineering/construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the concept plan and engineering/construction plans, as approved by the city.
4. Extent of area that should be included in a concept plan. When the overall development project is to be developed in phases, the area included within the concept plan shall include only the portion of the overall property that is to be developed/constructde.
5. Procedures and submission requirements for concept plan approval. All concept plans shall be prepared by a qualified civil engineer, land planner, architect or surveyor, and it shall clearly show in detail how the site will be constructed (such as paving, buildings, landscaped areas, utilities, etc.). To ensure the submission of adequate information, the city is hereby empowered to maintain and distribute a separate list of specific requirements for the review of concept plan applications.
6. Review and approval of a concept plan. The approval process for a concept plan shall generally be reviewed by city staff, recommendation by the planning and zoning commission, and approval by the city council.
  1. City staff review of concept plans.
    1. Upon official submission of a complete application of a concept plan for approval, the city shall review the application. Specifically, the city administrator or his designee, city engineer, and the building official or their designee shall review the concept plan prior to the concept plan being forwarded to the planning and zoning commission. Determination of application completeness, notice to the applicant in writing of missing documentsand information within ten (10) business days and expiration of application within 45 calendar days due to incompleteness shall be adhered.
    2. Concept plans shall be evaluated to ensure that all developments are, to the best extent possible, constructed according to the city's codes and ordinances.
    3. Following city staff review, and following discussions regarding necessary revisions, the applicant shall resubmit additional copies of the corrected concept plan to the city administrator or his designee.
    4. The city administrator or his designee shall then submit the corrected plan to the planning and zoning commission.
    5. It should be noted that the city administrator or his designee shall forward the original plan application to the commission if the corrected version is not resubmitted within the prescribed time period.
    6. It should also be noted that a corrected plan that is incomplete or is otherwise not ready for consideration shall be subject to denial.
  2. Planning and zoning commission review of concept plans.
    1. All concept plan applications shall be reviewed by the planning and zoning commission.
    2. The city administrator, or his designee, shall schedule consideration of the concept plan application on the regular agenda of the planning and zoning commission within 30 calendar days after the application is received.
    3. The planning and zoning commission shall review the concept plan and shall recommend to the city council approval, approval subject to certain conditions, or denial of the concept plan.
  3. City council review of and action on concept plans.
    1. All concept plan applications shall be reviewed by the city council after being reviewed by the planning and zoning commission.
    2. The city administrator, or his designee, shall schedule consideration of the concept plan application on the regular agenda of the city council.
    3. The city council shall review the concept plan and shall approve, approve subject to certain conditions, or deny approval of the concept plan.
7. Revisions to the approved concept plan.
  1. Minor revisions/amendments.
    1. It is recognized that final architectural and engineering design may necessitate minor changes in the approved concept plan. In such cases, the city administrator, or his designee, shall have the authority to approve minor modifications to an approved concept plan. Such minor modifications submitted on an amended concept plan, which shall substantially conform to the previously approved concept plan.
    2. Submission materials and requirements for approval of an amended concept plan shall be as determined by the city administrator or his designee.
  2. Major revisions. In the event of revisions that are more extensive in nature (i.e., do not conform to the description for minor amendments in subsection (g)(1)a of this section), a revised concept plan must be resubmitted, reviewed, and approved by the city administrator or his designee. The city administrator or his designee shall have the authority to determine whether a revised concept plan warrants a review and approval as outlined in subsection a. of this section.
  3. Effect of review/approval. The concept plan shall be considered authorization to proceed with construction of the site provided all other required city approvals are obtained (such as final plat, engineering plans, etc.).
  4. Validity, lapse, and reinstatement of concept plan. Refer to Sec. 11-3-1.10 Approval; Effect of Approval
8. List of planned development districts. All Planned Development zoning districts approved in accordance with the provisions of this chapter, as may be amended, shall be prefixed by a "PD" designation and assigned a unique identification number (e.g., PD-1, PD-2, PD-3, etc.), and shall also be referenced on the zoning district map. A list of such Planned DevelopmentDistricts, showing the uses permitted and any other special stipulations of each PD Planned Development District shall be maintained as part of this chapter.
9. Prior planned development ordinances remaining in effect. Prior to adoption of the ordinance from which this chapter is derived, any development agreements previously approved by the city council that established zero lot line developments, are to be continued in full force and effect. The ordinances, parts of ordinances and/or plans approved prior to adoption of the ordinance form which this chapter is derived that applied to these developments, will remain in effect.

(Ord. No. O-2018-010, 08/14/2018)

Effective on: 8/14/2018

Sec. 11-3-4.03 Review; Modification; and Termination of Development Agreements

Effective on: 1/1/1901

Sec. 11-3-5.01 Periodic Review of Fee Schedule

Effective on: 1/1/1901

Sec. 11-3-5.02 Escrow Fees

Generally.

A fee shall be paid into escrow to cover costs incurred by the City for retaining professional services to perform technical review of proposed plats and plans for their consistency with the comprehensive plan and new unified development code.
Consultants may contact the applicant during the course of review and project negotiation. However:
1. The City is the client, and there shall be no consultant representation of the applicant or confidentiality as between any City consultant and the applicant.
2. The Consultant is not authorized to bind the City.

Amount of Fee.

The escrow fee for each type of application is identified in Table 11-3-5.02, Development Fee Schedule.
The City Administrator may require additional escrow funds be provided to pay for additional services related to the application should they become necessary.
Should an applicant submit multiple applications, the applicant is responsible for paying the sum of the escrow fees as listed in Table 11-3-5.02, Development Fee Schedule.

Use of Fee. The City may draw upon the escrow to pay for:

The monthly billings of any consultants used by the City to review the proposed plats and plans for development; and
15 percent administrative fee relative to the escrow cost of the development application used by the City for the internal staff cost of processing a development application and public notice.

Return of Escrow Fee; Payment of Outstanding Balance.

When the application is decided, the balance of the escrow (if positive) shall be returned to the applicant. If an additional balance is due, it shall be paid by the applicant to the City as a condition of approval.
Applicants shall be provided with a monthly accounting of the escrow.

Conflict of Interest. Consultants that are retained to provide professional services to the City shall certify under oath that:

They and members of their immediate families have no material financial interest in the outcome of any decision for which they are retained to provide services; and
They do not have any other business relationship with the applicant that may create a conflict of interest (all business relationships with the applicant shall be disclosed).

Table 11-3-5.02 Development Fee Schedule
Procedure	Notes
Escrow $5,000
Final Plat	Fee does not include Montgomery County recordation.
Major Modifications of Plats	Fee does not include Montgomery County recordation.
Preliminary Plat	Fee does not include Civil Construction application materials.
Rezoning: Planned Development (PD)	Fee includes publication
Site Plan: 20 or more acres
Escrow $4,000
Site Plan: 10 - 19.99 acres
Escrow $3,000
Preliminary Plat: With no Transportation Improvement Analysis or Public Improvements	Fee does not include Civil Construction permits
Rezoning: All Designations Except PD	Fee includes publication
Site Permit	Site preparation to shape the site for development
Site Plan: < 9.99 acres
Escrow $2,000
Conditional Use Permit	Fee applicable only when Drainage Plan submitted separately without Civil Construction application materials.
Drainage Plan
Final Plat: Minor Amending Final Plat and Final Vacation Plat	Fee does not include Montgomery County recordation.
Land Clearing Permit	Tree Inventory, Removal, Mitigation, and Erosion Control
Text Amendment (UDC)
Variance	Applies to any Variance application
Escrow $1,000
Administrative Appeal
City Council Appeal
Miscellaneous
Annexation	No Charge
Building Permit	In accordance with currently adopted IBC and ICC building valuation data
Certificate of Occupancy Permit	$100
Right-of-Way Encroachment Permit	$100
Sign Permit	Price depends upon sign type as defined on Sign Permit Application
Tree Removal Permit	$50 + $10/protected tree

Table 11-3-5.02 Development Fee Schedule
Procedure	Notes
Escrow $5,000
Final Plat	Fee does not include Montgomery County recordation.
Major Modifications of Plats	Fee does not include Montgomery County recordation.
Preliminary Plat	Fee does not include Civil Construction application materials.
Rezoning: Planned Development (PD)	Fee includes publication
Site Plan: 20 or more acres
Escrow $4,000
Site Plan: 10 - 19.99 acres
Escrow $3,000
Preliminary Plat: With no Transportation Improvement Analysis or Public Improvements	Fee does not include Civil Construction permits
Rezoning: All Designations Except PD	Fee includes publication
Site Permit	Site preparation to shape the site for development
Site Plan: < 9.99 acres
Escrow $2,000
Conditional Use Permit	Fee applicable only when Drainage Plan submitted separately without Civil Construction application materials.
Drainage Plan
Final Plat: Minor Amending Final Plat and Final Vacation Plat	Fee does not include Montgomery County recordation.
Land Clearing Permit	Tree Inventory, Removal, Mitigation, and Erosion Control
Text Amendment (UDC)
Variance	Applies to any Variance application
Escrow $1,000
Administrative Appeal
City Council Appeal
Miscellaneous
Annexation	No Charge
Building Permit	In accordance with currently adopted IBC and ICC building valuation data
Certificate of Occupancy Permit	$100
Right-of-Way Encroachment Permit	$100
Sign Permit	Price depends upon sign type as defined on Sign Permit Application
Tree Removal Permit	$50 + $10/protected tree

Effective on: 1/1/1901

Magnolia City Zoning Code

CHAPTER 11

Permits and Procedures

Sec. 11-1-1.01 Purpose

The purpose of this Chapter is to set out all the City’s development approval procedures in one place, and to standardize them to the maximum practicable degree.

Effective on: 1/1/1901

Sec. 11-1-1.02 Application of Article

Generally. All procedures for obtaining approvals pursuant to this UDC, and for appealing decision of the Administrator or the Commission, are set out in this Article.

Standards for Administrative Permits. As set out in Section 11-2-1.02, Administrative Permits, is the establishment of the criteria for issuance of administrative permits.

Standards for Public Meeting Permits. As set out in Section 11-2-1.03, Public Meeting Approvals, is the establishment of the criteria for issuance of public meeting permits.

Text Amendments. As set out in Division 11-3-3, Text Amendments, is the procedures for amending the text of this UDC.

Fees. As set out in Division 11-3-5, Fees, is the establishment of a periodic fee schedule review.

Effective on: 1/1/1901

Sec. 11-2-1.01 Permit Required

Permits are required for development in the City of Magnolia. The required permits are set out in this Section.

Effective on: 1/1/1901

Sec. 11-2-1.02 Administrative Permits

Generally. Administrative permits are permits that are issued by the Administrator without a requirement for public meeting.

Table 11-2-1.02 Administrative Permits
Permit	Required For	Timing	Exceptions	Issued By	Standards¹
Plats and Plans
Site Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	The construction of a single-family home on a single-family lot in an improved subdivision; agriculture; and forestry.	Administrator	See Sec. 11-2-2.01, Site Permit Requirements
Land Clearing Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	The construction of a single-family home on a single-family lot in an improved subdivision; agriculture; and forestry.	Administrator	Compliance with all applicable standards of this UDC and conditions of approval
Tree Removal Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	N/A	Administrator	Compliance with Section 8-2-1.02, Land Clearing and Tree Preservation, all applicable standards of this UDC; and conditions of approval
Administrative Plats	Minor modifications of existing parcels of land.	Prior to issuance of permits that allow for site clearing, grading, or construction.	Does not pertain to new streets or public improvements, change in the number of lots, developments more than one acre or five lots, lot size reductions below the minimum standard, or property not zoned for residential use.	Administrator	See Section 11-2-2.05, Administrative Plat.
Use Permits
Zoning Clearance Permit, Permitted Use	New land uses and changes in land use.	Prior to establishment of a permitted use.	None	Administrator	Article 2-2, Land Uses lists the permitted uses.
Temporary Use Permit, Public and Commercial Events	Public and commercial events with an expected peak attendance of less than 1,500 persons.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	Public and commercial events with an expected peak attendance of more than 1,500 persons require Commission approval.	Administrator	See Section 2-2-1.06, Temporary Uses.
Temporary Use Permit, Neighborhood Events	Neighborhood events including special events.	At least one week prior to the event.	Garage sales do not require a permit.	Administrator	See Section 2-2-1.06, Temporary Uses.
Right-of-Way Encroachment	Encroachments into the public right-of-way in the UP district.	Prior to issuance of a building permit.	Permitted encroachments are set out in Section 4-2-5.01, Unity Plaza (UP) District.	Administrator	See Section 4-2-5.01, Unity Plaza (UP) District.
Environmental Permits
Floodplain Development Permit	Construction and development within an area of special flood hazard or flood-related erosion hazard.	Prior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard.	None	Administrator	See Article 5-3, Floodplain Management and Flood Damage Prevention.
Floodplain Development Permit Waiver	Construction and development within an area of special flood hazard or flood-related erosion hazard.	Prior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard	A requested waiver of the requirements of Article 5-3, Floodplain Management and Flood Damage Prevention by the subdivider.	Joint approval of the Mayor, City Administrator, City Engineer, Administrator, and Building Official.	See Article 5-3, Floodplain Management and Flood Damage Prevention.
Drainage Plan	Prior to installation of drainage system.	Prior to commencement of land disturbance activity or construction.	Single-family homes or townhomes on individual lots in an improved subdivision.	City Engineer	See Section 5-4-1.03, Drainage Plan Required.
Other Permits
Sign Permit	Installation of a new or replacement sign.	Prior to installation of sign or sign mount.	Signs that do not require a permit, as set out in Section 6-1-1.03, Application.	Administrator	See Chapter 6, Signs and Lighting.
Building Permit	Construction, reconstruction, improvement, or repair of any building or structure for which a permit is required by applicable building codes.	Prior to commencement of construction.	None	Building Official	See Section 11-2-2.11, Building Permit and applicable building codes.
Certificate of Occupancy Permit	Occupancy of a building or structure.	Upon completion of construction or before chance in occupancy.	N/A	Administrator	Compliance with all applicable standards of this UDC; conditions of approval; and applicable building code requirements.
TABLE NOTE: ¹ Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC.

Table 11-2-1.02 Administrative Permits
Permit	Required For	Timing	Exceptions	Issued By	Standards¹
Plats and Plans
Site Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	The construction of a single-family home on a single-family lot in an improved subdivision; agriculture; and forestry.	Administrator	See Sec. 11-2-2.01, Site Permit Requirements
Land Clearing Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	The construction of a single-family home on a single-family lot in an improved subdivision; agriculture; and forestry.	Administrator	Compliance with all applicable standards of this UDC and conditions of approval
Tree Removal Permit	Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements	After site plan or preliminary plat approval, if required. Prior to commencement of activity for which permit is required	N/A	Administrator	Compliance with Section 8-2-1.02, Land Clearing and Tree Preservation, all applicable standards of this UDC; and conditions of approval
Administrative Plats	Minor modifications of existing parcels of land.	Prior to issuance of permits that allow for site clearing, grading, or construction.	Does not pertain to new streets or public improvements, change in the number of lots, developments more than one acre or five lots, lot size reductions below the minimum standard, or property not zoned for residential use.	Administrator	See Section 11-2-2.05, Administrative Plat.
Use Permits
Zoning Clearance Permit, Permitted Use	New land uses and changes in land use.	Prior to establishment of a permitted use.	None	Administrator	Article 2-2, Land Uses lists the permitted uses.
Temporary Use Permit, Public and Commercial Events	Public and commercial events with an expected peak attendance of less than 1,500 persons.	Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first.	Public and commercial events with an expected peak attendance of more than 1,500 persons require Commission approval.	Administrator	See Section 2-2-1.06, Temporary Uses.
Temporary Use Permit, Neighborhood Events	Neighborhood events including special events.	At least one week prior to the event.	Garage sales do not require a permit.	Administrator	See Section 2-2-1.06, Temporary Uses.
Right-of-Way Encroachment	Encroachments into the public right-of-way in the UP district.	Prior to issuance of a building permit.	Permitted encroachments are set out in Section 4-2-5.01, Unity Plaza (UP) District.	Administrator	See Section 4-2-5.01, Unity Plaza (UP) District.
Environmental Permits
Floodplain Development Permit	Construction and development within an area of special flood hazard or flood-related erosion hazard.	Prior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard.	None	Administrator	See Article 5-3, Floodplain Management and Flood Damage Prevention.
Floodplain Development Permit Waiver	Construction and development within an area of special flood hazard or flood-related erosion hazard.	Prior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard	A requested waiver of the requirements of Article 5-3, Floodplain Management and Flood Damage Prevention by the subdivider.	Joint approval of the Mayor, City Administrator, City Engineer, Administrator, and Building Official.	See Article 5-3, Floodplain Management and Flood Damage Prevention.
Drainage Plan	Prior to installation of drainage system.	Prior to commencement of land disturbance activity or construction.	Single-family homes or townhomes on individual lots in an improved subdivision.	City Engineer	See Section 5-4-1.03, Drainage Plan Required.
Other Permits
Sign Permit	Installation of a new or replacement sign.	Prior to installation of sign or sign mount.	Signs that do not require a permit, as set out in Section 6-1-1.03, Application.	Administrator	See Chapter 6, Signs and Lighting.
Building Permit	Construction, reconstruction, improvement, or repair of any building or structure for which a permit is required by applicable building codes.	Prior to commencement of construction.	None	Building Official	See Section 11-2-2.11, Building Permit and applicable building codes.
Certificate of Occupancy Permit	Occupancy of a building or structure.	Upon completion of construction or before chance in occupancy.	N/A	Administrator	Compliance with all applicable standards of this UDC; conditions of approval; and applicable building code requirements.
TABLE NOTE: ¹ Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC.

Effective on: 1/1/1901

Sec. 11-2-1.03 Public Meeting Approvals

Generally. Public meeting permits are permits that are issued by the City after compliance with the requirements of this UDC is determined at a public meeting.

Table 11-2-1.03 Public Meeting Approvals
Permit	Required For	Timing	Exceptions	Issued By	Standards¹
No Public Hearing Required
Plats and Plans
Site Plan²	All new development; all redevelopment that involves the destruction of existing buildings; all alterations that involve expansions in floor area that effect parking ratio requirements. All alterations that effect any of the building elevations in public view regardless of expansion	Prior to building permit or site permit.	Single-family dwellings on individual lots	Commission	See Sec. 11-2-3.01, Site Plan Requirements.
Preliminary Plat	Subdivision of land and prior to submission of detailed construction drawings of all subdivision improvements.	Prior to commencement of land disturbance activity and final plat approval, installation of public improvements, and issuance of applicable permits.	The approval of the preliminary plat shall lapse unless a final plat is submitted within two years from the date of such approval, unless an extension of time is applied for and granted by the Commission.	Commission	See Section 5-1-4.04, Preliminary Plats.
Final Plat	Subdivision of land and acceptance of public improvements	Within two years from the date of preliminary plat approval, unless an extension of time is applied for and granted by the Commission.	Failure of the subdivider to pay the fees to record the plat within 30 days after approval shall render the final plat null and void.	Commission and City Council	See Section 5-1-4.05, Final Plats.
Public Hearing Required
Use Permits
Conditional Use Permit	New conditional uses; changes to a conditional use; material changes to or expansion of a conditional use.	Prior to establishment or modification of a conditional use.	None	City Council, upon recommendation of the Commission	See Section 2-2-1.05, Conditional Uses and Section 11-2-3.04, Conditional Use Permit.
Plats and Plans
Major Modifications of Plats; Change of Subdivision Name	Major changes to an approved plat (preliminary or final plats).	Prior to the construction or development that is within the area proposed to be modified.	Minor changes to a plat or parcel line may be permitted by the Administrator.	Commission and City Council	See Section 5-1-4.03, Major Modifications of Plats; Change of Subdivision Name.
Text and Map Amendments
Text Amendments	Amendments to the text of this UDC.	N/A	A petition from those listed in Chapter 10, Administrative Bodies.	City Council, upon recommendation of the Commission	See Section 11-2-3.06, Text Amendments.
Zoning Change (rezoning)	Changing the zoning district of a parcel from one district to another.	Prior to any change in land use other than those that are permitted in the respective zoning district.	None	City Council, upon recommendation of the Commission	See Section 11-2-3.07, Zone Change (Rezoning).
Variances and Appeals
Variance	Deviation from the standards of this UDC.	Prior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variances.	Prohibited uses shall not be allowed by variance.	Board of Adjustment	See Section 12-1-1.02, Variances.
Administrative Appeal	Appeals from decisions of City staff.	Within 10 days of the decision appealed.	None	Board of Adjustment	See Section 12-1-1.03, Administrative Appeals.
Appeals to City Council	Appeals from decisions of the Commission	Within 10 days of the decision appealed.	None	City Council	See Section 12-1-1.04, Appeals to City Council.
TABLE NOTE: ¹ Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC. ² Site Plan permit includes design review.

Table 11-2-1.03 Public Meeting Approvals
Permit	Required For	Timing	Exceptions	Issued By	Standards¹
No Public Hearing Required
Plats and Plans
Site Plan²	All new development; all redevelopment that involves the destruction of existing buildings; all alterations that involve expansions in floor area that effect parking ratio requirements. All alterations that effect any of the building elevations in public view regardless of expansion	Prior to building permit or site permit.	Single-family dwellings on individual lots	Commission	See Sec. 11-2-3.01, Site Plan Requirements.
Preliminary Plat	Subdivision of land and prior to submission of detailed construction drawings of all subdivision improvements.	Prior to commencement of land disturbance activity and final plat approval, installation of public improvements, and issuance of applicable permits.	The approval of the preliminary plat shall lapse unless a final plat is submitted within two years from the date of such approval, unless an extension of time is applied for and granted by the Commission.	Commission	See Section 5-1-4.04, Preliminary Plats.
Final Plat	Subdivision of land and acceptance of public improvements	Within two years from the date of preliminary plat approval, unless an extension of time is applied for and granted by the Commission.	Failure of the subdivider to pay the fees to record the plat within 30 days after approval shall render the final plat null and void.	Commission and City Council	See Section 5-1-4.05, Final Plats.
Public Hearing Required
Use Permits
Conditional Use Permit	New conditional uses; changes to a conditional use; material changes to or expansion of a conditional use.	Prior to establishment or modification of a conditional use.	None	City Council, upon recommendation of the Commission	See Section 2-2-1.05, Conditional Uses and Section 11-2-3.04, Conditional Use Permit.
Plats and Plans
Major Modifications of Plats; Change of Subdivision Name	Major changes to an approved plat (preliminary or final plats).	Prior to the construction or development that is within the area proposed to be modified.	Minor changes to a plat or parcel line may be permitted by the Administrator.	Commission and City Council	See Section 5-1-4.03, Major Modifications of Plats; Change of Subdivision Name.
Text and Map Amendments
Text Amendments	Amendments to the text of this UDC.	N/A	A petition from those listed in Chapter 10, Administrative Bodies.	City Council, upon recommendation of the Commission	See Section 11-2-3.06, Text Amendments.
Zoning Change (rezoning)	Changing the zoning district of a parcel from one district to another.	Prior to any change in land use other than those that are permitted in the respective zoning district.	None	City Council, upon recommendation of the Commission	See Section 11-2-3.07, Zone Change (Rezoning).
Variances and Appeals
Variance	Deviation from the standards of this UDC.	Prior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variances.	Prohibited uses shall not be allowed by variance.	Board of Adjustment	See Section 12-1-1.02, Variances.
Administrative Appeal	Appeals from decisions of City staff.	Within 10 days of the decision appealed.	None	Board of Adjustment	See Section 12-1-1.03, Administrative Appeals.
Appeals to City Council	Appeals from decisions of the Commission	Within 10 days of the decision appealed.	None	City Council	See Section 12-1-1.04, Appeals to City Council.
TABLE NOTE: ¹ Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC. ² Site Plan permit includes design review.

(Ord. No. O-2017-027, 11/14/2017; Ord. No. O-2020-012, 04/14/2020)

Effective on: 4/14/2020

Sec. 11-2-2.01 Site Permit Requirements

Tree removal in excess of:
1. Three canopy trees within a one calendar year period; or
2. If the parcel or lot contains more than one acre of tree canopy, three canopy trees per acre within the tree canopy within a one calendar year period.
Any excavation, fill, or earthmoving involving an earthwork volume greater than 10 cubic yards.
Construction, paving, or re-paving of any driveway, private street, parking lot, sidewalk or path.
Construction of any paved surface larger than 100 square feet in area.
Construction or installation of any sewer, pipe, swale, or ditch for drainage purposes, except footing tiles or roof drainage interior to a structure.
Installation of any exterior lighting for any site or use except single-family, two-family, or three-family dwelling units.

Application. Applications for approval of a site permit shall be on a form approved by the Administrator.

Decision Criteria. A site permit shall be issued if the Administrator finds that:

All applicable requirements of this UDC have been met; and
If any State or Federal approvals are required, said approvals have been granted.

Permit Conditions. All site permits are issued upon the following conditions:

The applicant shall notify the Administrator at least five days before beginning any land disturbing activity.
The applicant shall install and maintain all erosion control measures.
The applicant shall maintain all road drainage systems, storm water drainage systems and other facilities.
The applicant shall remove sediment resulting from land disturbing activities from adjacent surfaces and/or drainage courses.
The applicant shall allow the Administrator or designee to enter the site to verify compliance or to perform any work necessary to bring the site into compliance with approved permit.
The applicant shall submit a revised site permit for approval if the nature of the project changes from that proposed under the approved permit.

Effective on: 1/1/1901

Sec. 11-2-2.02 Certificate of Occupancy Permit Requirements

Generally.

No building may be occupied in the City without a certificate of occupancy permit as required by this Section. After the Effective Date of this UDC no change in the use of occupancy of land, nor any change of use or occupancy in any existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the Administrator.
No building or premises shall be occupied until a certificate of occupancy and permit is issued.

Records. A record of all certificates of occupancy shall be kept on file in the office of the Administrator and copies shall be furnished on request to any interested person.

Effective on: 1/1/1901

Sec. 11-2-2.03 Land Clearing Permit Requirements

Effective on: 1/1/1901

Sec. 11-2-2.04 Tree Removal Permit

The location of all buildings, structures, and other improvements that are proposed. The limits of the construction lines shall be shown as applicable.
The location of trees to be removed, located by measurements from the two nearest property lines and assigned a reference number.
The caliper and common name of all protected trees.
Any required replacement trees, shown with caliper size and the common name and scientific name of the tree. The scientific name will include Genus and species (e.g., Ulmus Americana).

Decision Criteria. An administrative tree removal permit shall be approved if it is demonstrated that:

Removal of the tree is reasonably required in order to conduct anticipated activities; or
A reasonable accommodation cannot be made to preserve the tree.

Effective on: 1/1/1901

Sec. 11-2-2.05 Administrative Plat

Qualifications. The categories of modifications that qualify for administrative approval or certification are as follows:

The realignment or shifting of lot boundary lines, including removal, alignment, or shifting of interior lot boundary lines, or the re-designation of lot numbers provided the application meets the following requirements:
1. Does not involve the creation of any new street or public improvement;
2. Does not increase the number of lots of record;
3. Does not involve more than five lots of record;
4. Does not reduce a lot size below the minimum area or dimension requirements established by Section 3-1-1.02, New Neighborhoods, or in certain instances, Section 3-1-1.03, Established Neighborhoods;
5. Does not involve more than one acre;
6. The property must be zoned RE, SR, SU or NC; and
7. Otherwise meets all the requirements of Article 5-1, Subdivision Design and Land Development.
Parcels of land where a portion has been expropriated or has been dedicated, sold, or otherwise transferred to the City thereby leaving a severed portion of the original property which requires a re-designation of lot number and establishment of new lot boundary lines.

Procedure.

Application. Applicant shall submit an application for an administrative subdivision, which are available at City Hall.
Submittal. Submittal requirements shall be the same as those of a standard subdivision (preliminary or final plat).
Fees. All plats submitted for administrative approval shall be accompanied by a fee as set out in the City’s established fee schedule, as amended from time to time.
Commission Review. The Administrator may, upon review of the submittal, at his/her discretion, require that the request go through the standard subdivision process with the review and decision being made by the Commission.

Effective on: 1/1/1901

Sec. 11-2-2.06 Zoning Clearance Permit, Permitted Use

Decision. The Administrator shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 11-2-2.07 Temporary Use Permit

Decision. The Administrator shall approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

Sec. 11-2-2.08 Floodplain Development Permit

The danger to life and property due to flooding or erosion damage;
The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner;
The danger that materials may be swept onto other lands to the injury of others;
The compatibility of the proposed use with existing and anticipated development;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
The costs of providing governmental service during and after flood conditions, including maintenance and repair of streets and bridges and public utilities and facilities such as sewer, gas, electrical and water systems;
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site;
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
The relationship of the proposed use to the master plan and/or comprehensive plan for that area.

Permit Issuance. No permit for any construction or development in any flood hazard area shall be issued until a floodplain development permit has been issued by the Administrator.

Effective on: 1/1/1901

Sec. 11-2-2.09 Floodplain Development Permit Waiver

Effective on: 1/1/1901

Sec. 11-2-2.10 Drainage Plan

Procedure.

A drainage report and plans shall be prepared by a registered engineer engaged by the subdivider for any land that is proposed to be subdivided, developer, improved, or used to build any residential, commercial, or industrial development or subdivision. The study and report shall be submitted to the Administrator, together with subdivision or site plan applications and the fee(s) established by the City Council.
The Administrator shall transmit the drainage study and report to the City Engineer and other applicable review, approval, or implementing agencies.
Prior to authorization of any building permit, the City Engineer shall review and approve the drainage report and plans as set out in Section 5-4-1.03, Drainage Plan Required. The City Engineer shall have final authority of engineer interpretations of all required submittals necessary to this UDC, and shall report the findings to the Administrator for appropriate action regarding the subdivision or site plan applications.
Sufficient inspections shall be made to ensure compliance with the specifications set out in this UDC and other applicable regulations and ordinances. A registered engineer, employed by the subdivider and approved by the City Engineer, may certify in writing to the City Engineer that such engineer has inspected each phase of the construction of the storm drainage improvements and certified that they meet the requirements and standards of this UDC and all other applicable regulations and ordinances of the City, as well as other applicable review, approval, or implementing agencies. The City Engineer shall make a final inspection of the storm drainage improvements before accepting the improvements for dedication to the City for permanent maintenance.

Effective on: 1/1/1901

Sec. 11-2-2.11 Building Permit

Generally. Procedure shall be according to the procedures set out in the applicable uniform building code and UDC.

Standards for Issuance. The Building Official issues building permits upon a finding that the proposed building or structure, or improvements to an existing building or structure, complies with:

Approved plans for development (e.g., site plans), or in the absence of a requirement for previously approved plans, this UDC (including but not limited to setbacks, building coverage, height, and design); and
All applicable uniform building codes.

Decision. Decisions shall be rendered according to the procedures set out in the applicable uniform building code.

Expiration.

If the work described in any building permit has not begun within 90 days from the date of issuance, the building permit shall expire and be cancelled by the Building Official. Written notice shall be given to the persons affected.
If the work described in any building permit has not been substantially completed within one year of the date of issuance, the building permit shall expire and be cancelled by the Building Official. Written notice shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a special building permit has been obtained.

Effective on: 1/1/1901

Sec. 11-2-2.12 Right-of-Way Encroachment

Generally. Within the UP District, encroachments into the public right-of-way are permitted subject to the standards set out in Section 4-2-5.01, Unity Plaza (UP) District, Subsection C.

Effective on: 1/1/1901

Sec. 11-2-2.13 Sign Permit

Effective on: 1/1/1901

Sec. 11-2-3.01 Site Plan Requirements

Generally. The standards of this Section are applied to site plans. Site plans are required as provided in Table 11-2-1.03, Public Meeting Approvals.

Application. Applications for approval of a site plan shall be on a form approved by the Administrator.

Decision Criteria.

The proposed development or structure meets all of the requirements of this UDC.
The proposed project, building or development does not place an undue burden upon public facilities or infrastructure, including but not limited to:
1. Inefficient street networks causing undue congestion of streets and traffic access;
2. Building and parking arrangements that would overcrowd land or overburden public facilities and services such as transportation, sewage, drainage, schools, parks, fire or police protection, and other public facilities and services; or
3. Inadequate pedestrian ways.

Conditions of Approval. The Commission may impose conditions of approval as may be necessary to ensure compliance with this UDC.

Effective on: 1/1/1901

Sec. 11-2-3.02 Preliminary Plat

After a pre-application conference, as applicable, prepare and submit to the Administrator for the review, consideration, and tentative approval of the Commission a preliminary plat of the proposed subdivision;
After tentative approval of the preliminary plat by the Commission, the Administrator will provide the tentatively approved preliminary plat to the Commission Chairperson, who has 14 days after receiving the decision of the Commission to sign the plat.
After tentative approval of the preliminary plat, submit detailed construction drawings for the review, consideration, and approval of the City Engineer that are in accordance with this UDC and all other standards and requirements of the City;
After approval of the detailed construction drawings by the City Engineer, either construct the improvements for the inspection and approval of the City Engineer, or an appointee, or post a performance bond that assures that all improvements will be completed per the approved detailed construction drawings;
After tentative approval of the Commission and City Engineer, the preliminary plat is approved. Approval of the preliminary plat does not constitute acceptance or approval of the final plat;
After acceptance of the preliminary plat, submit an application for final plat within two years from the date of preliminary plat approval, or request an extension of time from the Commission. The approval of the preliminary plat shall lapse unless a final plat is submitted within two years from the date of preliminary plat approval; and
The third step is the preparation and submission of the final plat together with required certificates to the Commission. This final plat becomes the instrument to be recorded in the office of the Clerk of Court, Montgomery County, when duly signed by the chairperson of the Commission.

Effective on: 1/1/1901

Sec. 11-2-3.03 Final Plat

After approval of the detailed construction drawings by the City Engineer, a final plat application may be submitted. The final plat shall conform substantially to the approved preliminary plat. The final plat may constitute only a portion of the approved preliminary plat that is proposed to be recorded and developed; provided, however, that such portion conforms substantially to all requirements of this UDC and other standards and requirements of the City.
After submission of a final plat application:
1. The Commission shall review and approve or disapprove the final plat with a recommendation to City Council.
2. After review by the Commission, City Council shall approve or disapprove the final plat.
3. Within 30 days after receipt of the plat the Mayor and Commission Chairperson shall sign the plat.
4. Failure by the City to act on this final plat within these 30 days shall be deemed approval of it. If the plat is disapproved, the grounds for disapproval shall be stated upon the records in writing.
After approval of the final plat, submit the following certificates that shall be on each sheet that is filed with the Montgomery County Clerk of Court.
1. Certificate showing the applicant is the landowner and dedicates street and other rights-of-way and any sites for public use;
2. Certification by a registered land surveyor as to the accuracy of the survey and plat and the placement of monuments;
3. Certification by the City Engineer as to the sewage disposal and water systems;
4. Certification by the City Engineer, or any other official or body authorized by law to act prior to the approval of the plat, that the subdivider has complied with one of the following alternatives:
  1. Installation and an acceptable inspection by the City Engineer, or an appointee, of all improvements in accordance with the requirements of the UDC and the detailed construction drawings; and
  2. Posting of a performance bond in sufficient amount as to assure the completion of all required improvements and detailed construction drawings as approved by the City Engineer. For any bond there shall be submitted with the plat a certificate of the City Attorney as to the sufficiency of the bond offers, which shall be no less and may be more than 100 percent of the estimated contract amount.
5. Certification of approval to be signed by the Chairperson of the Commission.
After approval of the final plat and submission of the required certifications:
1. Submit a film positive of the approved final plat, with any corrections and/or changes required by the Commission, to the Administrator.
2. The Applicant shall provide a minimum of two blue-line prints of the approved final plat to the Administrator who will obtain the signatures of the City Engineer, Commission Chairperson, and Mayor on the film positive and prints.
3. The Administrator shall mail, by U.S. Certified mail/return receipt requested, all signed blue-line prints and film positive of the final plat to the applicant within 10 days of the latest date on the final plat signatures.
4. The Applicant shall have the plat duly recorded in the office of the Property Records Clerk of Montgomery County, Texas.
5. After the recording of the final plat, the Applicant shall distribute the copies of the recorded final plat, which shall show all signatures and the file number of the Clerk of Court, as follows:
  1. PDF copies of each page of the final plat shall be emailed to the Administrator and City Engineer;
  2. Two blue-line prints shall be returned to the Administrator, or an appointee by U.S. Certified Mail.
  3. If the return receipt is not received within 30 calendar days of the date of mailing of the copies, the Applicant shall notify the Administrator verbally or in writing, and two additional copies of the recorded, signed final plat shall be mailed to the Administrator by U.S. certified mail, return receipt requested, and these actions shall also be noted on the permanent record of the subdivision. This procedure shall be repeated until a signed return receipt has been received by the Administrator.
6. Failure by the subdivider to pay the fee specified in Subsection 4.a. above, within 30 days after approval of the final plat, the subdivider having been duly notified of the approval, shall render the final plat null and void and the subdivider shall be so notified by the Administrator by U.S. certified mail, return receipt requested. This action shall be so noted on the permanent record of the subdivision request.
If approval of the final plat is contingent upon an agreement to be affected after discussion between the subdivider and any department of the City, and such agreement is not reached or is not expected to be reached within the 30-day period required in Section 4.e. above, the Commission may, but does not have to, extend, once only, the final date on which the subdivider must pay the fee specified in Subsection 4.a. above, to avoid the final plat becoming null and void by not more than 30 days, upon a favorable vote on such action by a majority of the authorized membership of the Commission in a convened legal session.

(Ord. No. O-2020-012, 04/14/2020)

Effective on: 4/14/2020

Sec. 11-2-3.04 Conditional Use Permit

The conditional use shall not be of a type that would tend to undermine the implementation of an adopted plan that includes the parcel proposed for development.
The conditional use shall be compatible with surrounding land uses and the natural environment, and will not materially detract from the character of the immediate area or negatively affect the planned or anticipated development or redevelopment trajectory.
There is no practicable alternative location where the use is permitted as-of-right within 1,000 feet of the parcel proposed for development, or, if such a location exists, the proposed location is more favorable in terms of:
1. Providing a needed community service;
2. Providing a critical mass of jobs that are likely to pay more than the median wages for the region;
3. Providing a balance of land uses, ensuring that appropriate supporting activities, such as employment, housing, leisure-time, and retail centers are in close proximity to one another; or
4. Making more efficient use of public infrastructure, such as off-peak street capacity.
The approval of the conditional use will not create a critical mass of similar conditional uses that is likely to discourage permitted uses by making the vicinity less desirable for them.
The conditional use and any conditions of development shall adequately protect public health and safety against natural and man-made hazards which include, but are not limited to, traffic noise, water pollution, airport hazards, and flooding.
The conditional use will not use an unfairly disproportionate share of public services that would compromise the delivery of those services to other uses in the vicinity. Applicable public services include, but are not limited to, utilities, police protection, fire protection, schools, parks, and libraries.

Additional landscaping or buffering, or landscaping improvements;
Building or façade improvements;
Specification of hours of operation;
Limitations on the use or related activities;
Noise abatement measures;
Limitations on lighting, such as lighting curfews or restrictions on levels of illumination;
Measures to control, mitigate, or direct traffic;
Parking, loading, and site circulation adjustments;
Restrictions on outdoor displays, sales, or storage;
Standards and assurances regarding the maintenance of property;
Restrictions on signage that relate only to the sign structure, materials, lighting, placement, size, or type, but not to the content of messages displayed (unless such messages are not protected speech); and
An expiration date for the permit, before which the permit must be renewed in order for the conditional use to continue to operate.

Annotation of Official Zoning Map. If the application is approved, the Official Zoning Map shall be annotated to reference the approval by case number.

Effective on: 1/1/1901

Sec. 11-2-3.05 Major Modifications of Plats; Change of Subdivisions Name

Generally. Major modifications of plat are any modifications that are not considered minor are set out in Section 11-2-2.05, Administrative Plat.

Approval Required. The Commission approval.

Application Procedure and Materials for Major Modifications. Applications for a major modification shall require, at a minimum, the following information:

A copy of the plat proposed to be modified;
A sketch drawing that includes enough detail to show the context of the subdivision with respect to abutting property within 300 feet of any lot line;
A proposed plat containing the proposed parcel or lot lines, which demonstrates compliance with this UDC; and
If site drainage is affected by the modification, a drainage plan.

A petition by all owners of lots in the subdivision;
A copy of the revised plat, which shall be the same as the existing plat, but with the following additional text appearing on its face:
1. “This is an existing approved subdivision that is filing for a name change only. Approved by the Planning and Zoning Commission on _______ (date) _______”; and
2. A signature line for the Planning and Zoning Commission Chairperson.

Effective on: 1/1/1901

Sec. 11-2-3.06 Text Amendments

The proposed amendment will help to implement the adopted Comprehensive Plan, or, if it addresses a topic that is not addressed or not fully developed in the Comprehensive Plan, the proposed amendment does not impair the implementation of the adopted Comprehensive Plan when compared to the existing UDC.
The proposed amendment is consistent with the stated purposes of this UDC.
The proposed amendment will maintain or advance the public health, safety, or general welfare.
The proposed amendment will help to mitigate adverse impacts of the use and development of land on the natural or built environment, including, but not limited to mobility, air quality, water quality, noise levels, storm water management, wildlife protection, and vegetation; or will be neutral with respect to these issues.
The proposed amendment will advance the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.

Staff Review. The Administrator shall review each proposed amendment in light of the approval criteria of Subsection C., above, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Administrator shall provide a report and recommendation to the Commission.
Commission Recommendation.
1. The Commission shall hold a hearing on the proposed text amendment. Following the hearing, the Commission shall make a final report to the City Council.
2. If no final report is made within 45 days of the Commission's hearing, then the Commission may request an extension of time from the City Council. Such request shall be within the 45 day period. If no final report is made and no extension is granted, the City Council may act on the proposed amendment without a recommendation from the Commission.
3. Failure of the Commission to issue a final report to the City Council shall be interpreted as a final report with no recommendation.
4. Upon receiving the report of the Commission, the Administrator shall draft an ordinance, submit it to the City Attorney for approval as to form, and shall forward the ordinance to the City Council for consideration.
City Council Action. Upon receipt of the final report from the Commission, the City Council shall vote to approve, approve with amendments, or reject the proposed amendment, based on the approval criteria in Subsection C., above. The City Council also may refer the proposed amendment back to the Commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days (or shorter period if the application is being processed concurrently with a plat and the plat application is still pending at the time the amendment is postponed).

Effective on: 1/1/1901

Sec. 11-2-3.07 Zone Change (Rezoning)

Generally. The boundaries of any zoning district in the City may be changed, or the zone classification of any parcel of land may be changed, as provided in this Section.

Initiation of Zone Change.

A zone change (rezoning) may be initiated by the owner of the property to be rezoned or their authorized agent or representative, the City Council, the Commission, or by the Administrator. Zone change applications by property owners and their agents or representatives shall be submitted on a form approved by the Administrator, which is available at City Hall.
The Administrator may require the submission of such other information as may be necessary to permit the informed exercise of judgment under the criteria for the review of a zone change application. Such information shall be related to the scale, location, and impacts of the zone change application and may include, by way of illustration and not limitation, analysis of the capacity of the land to support development (e.g., soil characteristics and hydrology) or the additional impacts (or reduction in impacts) that may be created by changing the district designation, in terms of: traffic (trip generation), drainage (flooding), visual, aesthetic, and land use adjacency impacts, water and wastewater use and availability, and other information determined by the City as necessary to make an informed analysis and decision.

Criteria for Approval. The Commission may recommend approval, and City Council may grant the approval of a zone change request if it is demonstrated that:

The proposed zoning is preferable to the existing zoning in terms of its likelihood of advancing the goals, objectives, and policies of the Comprehensive Plan or another adopted land use or area plan, including but not limited to redevelopment plans;
The proposed zoning is consistent with the future land use plan of the Comprehensive Plan (a future land use plan amendment may be processed concurrently with the zone change);
The proposed change is consistent with the implementation of existing or pending plans for providing streets, water and wastewater, other utilities, and the delivery of public services to the area in which the parcel proposed for a zone change is located;
The range of uses and the character of development that is allowed by the proposed zone will be compatible with the properties in the immediate vicinity of the parcel proposed for a zone change, and the parcel proposed for a zone change has sufficient dimensions to accommodate reasonable development that complies with the requirements of this UDC, including parking and buffering requirements; and
The pace of development and/or the amount of vacant land currently zoned for comparable development in the vicinity suggests a need for the proposed rezoning in order to ensure an appropriate inventory of land to maintain a competitive land market that promotes economic development.

A pre-application conference is required for an application for a zone change.
A zone change application, properly completed, signed, and accompanied by an application fee, shall be submitted to the City Hall no later than 30 calendar days prior to the meeting of the Commission for which the application is to be considered. The Commission may suspend the 30-day deadline for a petition or deposit if in their opinion a delay would cause the applicant unusual hardship or expense. Late applications must be complete.
The period for completeness review is five days from the date of receipt of the zone change application. If the Administrator, or an appointee, determines the application is incomplete or requires additional information pursuant to Subsection B.2., above, the Administrator may retain the application and notify the applicant regarding the specific information requested. In such circumstance, the application will be considered by the Commission at their next available scheduled meeting date.
The applicant shall provide the additional information within 30 calendar days of the date of the Administrator's request. If the materials are not submitted within said time period, the application shall lapse.
Upon acceptance of a complete application and review and recommendation of the Administrator, the Administrator shall notify the applicant in writing of the date, time, and place of the public meeting at which time the application will be presented to and considered by the Commission.
The applicant or an agent or representative, or in the case of a corporation, an officer of the corporation, either of whom is sufficiently knowledgeable of the application and competent to answer questions and who is empowered to make changes in the application shall be present at the public meeting at which time the application is presented to and considered by the Commission. Failure of the applicant or a competent agent or representative to be present at the public meeting may result in a tabling or denial of the application. Notice of a proposed change and date, time and place of the public meeting shall be published as set out in Section 11-3-1.06, Public Notice.
At the public meeting, the Commission shall be permitted to discuss the petition among themselves, with the applicant, and with the Administrator. The Commission shall have the privilege of making any comments or recommendations. However, the Commission is specifically denied the right to direct or order the applicant to change, in any way, the application presented, or to deny holding a public hearing on an application if a qualified applicant is present at this public meeting. The discussion at this meeting shall not replace a public hearing and no input from the general public shall be permitted at this Commission meeting. However, experts requested by the Commission or the applicant(s) may be heard.
Should the applicant(s) choose to modify the application for a zone change, the applicant(s) may do so at this meeting. Before the conclusion of the meeting, the Commission shall set a date for a public hearing on the application as presented or as modified by the applicant(s) at the meeting.
Within 120 days from the introduction of a complete application, the Commission shall submit its final report and recommendations regarding the change(s) to the City Council. This report shall be made within 10 calendar days of the Commission meeting at which time the final action was taken. The Commission may defer its report for no longer than its next meeting to have an opportunity to consider revisions to the submittal that are requested from or volunteered by an applicant, which may have a direct bearing on the proposed zone change. The City Council shall not take action on the proposed change(s) until it receives the final report of the Commission.
Any amendment that fails to receive the approval of the Commission shall not be approved by the City Council except by an affirmative vote of the majority of the authorized membership of the City Council. A final yea and nay vote shall be taken on the application by the City Council within 120 calendar days from the introduction of the ordinance in correct form.

Decision.

The City Council shall hold a public hearing on the application at which time they will consider the recommendation of the Commission and take one of the following actions:
1. Approve the zone change by ordinance;
2. Approve the zone change by ordinance with modifications;
3. Deny the zone change; or
4. Refer the proposed zone change back to the Commission for further consideration.
The City Council shall support its decision with written findings of fact regarding the approval criteria in Subsection C., above.

Effective on: 1/1/1901

Sec. 11-3-1.01 Application of Standardized Development Approval Procedures

Effective on: 1/1/1901

Sec. 11-3-1.02 Pre-Application Conference

Generally.

A pre-application conference is recommended for all applications for development approval except applications for building permits for single-family detached dwellings or two-family dwellings, residential accessory buildings or structures, and signs. At the pre-application conference, the responsible official and other members of City Staff, as appropriate, will meet with the applicant to review preliminary materials, identify issues, and advise the applicant regarding which applications and approvals will be required from the City and what information will have to be provided.
Informal meetings may be scheduled prior to a pre-application conference, at the discretion of the applicant and the City Staff. Such meetings are recommended prior to the development of site plans.

Meeting Materials.

The applicant shall bring to (or submit prior to) the pre-application conference sufficient supporting materials to explain:
1. The location of the project;
2. The proposed uses (in general terms);
3. The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities;
4. The relationship to existing development;
5. Generally, the presence of natural resources, open water, floodplains, and floodways on the parcel proposed for development;
6. Any other conditions or items that the applicant believes are relevant to the processing of the application.
The responsible official may request that the applicant bring completed application forms (in draft form) for the types of permits being sought.

Effective on: 1/1/1901

Sec. 11-3-1.03 Filing of Application

Generally. Every application for development approval required by this UDC shall be submitted on a form approved by the responsible official, along with the corresponding application fee.

Forms.

The responsible official shall promulgate and periodically revise forms for each type of application required by this UDC.
Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the responsible official, and have the purpose of facilitating:
1. The evaluation of applications for compliance with the standards of this UDC; and
2. The administration of this UDC.

Schedule. The responsible official is authorized, but not required, to establish regular intake days for any or all classifications of applications for development approval, provided that:

The schedule is posted at City Hall and on the City's web site; and
The schedule provides for applications to be submitted:
1. Site permits and building permits are not limited to certain days.
2. At least twice per month for applications listed in Section 11-2-1.03, Public Meeting Approvals.
The schedule does not restrict the timing of notices of appeal.

Effective on: 1/1/1901

Sec. 11-3-1.04 Application Completeness Review

General. Within five business days after an application is submitted, the responsible official (or designee) shall review the application to verify that it is complete.

Incomplete Applications.

Incomplete applications shall be returned to the applicant with a written explanation that describes in general terms the materials that must be submitted in order to complete the application.
No application that does not include the applicable processing fee shall be considered complete.

Complete Applications. Complete applications shall be processed according to the applicable procedures of this Article.

Effective on: 1/1/1901

Sec. 11-3-1.05 Administrative Review

Administrative Recommendation or Decision.

If the application is for an administrative permit the responsible official shall approve, approve with conditions, or deny the application, as appropriate; or
If the application is for a public meeting permit, the responsible official shall make a recommendation regarding the application and forward the recommendation to the next body that will consider it for further recommendation or approval. If the application is for a site plan approval, the responsible official shall make the recommendation based on the input from the Administrator which shall be convened to review the application.

Meeting Logistics.

If the application is for a public meeting permit, the responsible official shall set the application on the next available agenda of the next body that will consider the application.
The responsible official shall coordinate with recommending and decision-making bodies to fix reasonable times for hearings.

Effective on: 1/1/1901

Sec. 11-3-1.06 Public Notice

Generally. Public notice of public hearings required by this UDC shall be provided as required by Table 11-3-1.06, Required Notice.

Table 11-3-1.06 Required Notice
Type of Public Hearing	Posted Notice	Publication Notice
Text Amendment	N/A	Published not less than 15 days before the City Council hearing in a newspaper of general circulation
Conditional Use Permit	10 days before hearing	Published not less than 15 days before the City Council hearing in a newspaper of general circulation
Zone Change (rezoning)	10 days before hearing	Published not less than 15 days before the City Council hearing in a newspaper of general circulation

Table 11-3-1.06 Required Notice
Type of Public Hearing	Posted Notice	Publication Notice
Text Amendment	N/A	Published not less than 15 days before the City Council hearing in a newspaper of general circulation
Conditional Use Permit	10 days before hearing	Published not less than 15 days before the City Council hearing in a newspaper of general circulation
Zone Change (rezoning)	10 days before hearing	Published not less than 15 days before the City Council hearing in a newspaper of general circulation

Technical Requirements for Notice. All notices shall describe the action proposed to be taken and the date, time, and place of the public hearing. In addition, the following requirements apply based on the type of required notice:
1. Posted Notice.
  1. Signs shall be of a size and design as to be readily visible to passersby.
  2. Signs shall be placed at intervals of not less than one sign every 300 feet along public thoroughfares bordering the subject property.
2. Publication Notice. Where publication is required, notice shall be published at least 15 days prior to the public hearing date, or as provided by State law in a newspaper of general circulation.

Effective on: 1/1/1901

Sec. 11-3-1.07 Planning and Zoning Commission Meeting

Generally. All public meeting permit approvals require a meeting before the Commission, as may be required by Section 11-2-1.03, Public Meeting Approvals.

Meeting Procedures. The Commission shall adopt rules of procedure for the conduct of the meeting. The following general procedures shall be reflected in the adopted rules of procedure.

Any person may appear at the meeting.
Applicants and the City shall have the right to present to the Commission.
No action may be taken on items that are not on the Commission agenda.

Decision or Recommendation. The Commission shall, as required by Section 11-2-1.03, Public Meeting Approvals:

Approve the application;
Approve the application with conditions;
Deny the application;
Continue the application; or
Make a corresponding recommendation to the City Council on the application.

Effective on: 1/1/1901

Sec. 11-3-1.08 City Council Public Meeting

Decision. After a public meeting on the application, the City Council shall:

Approve the application;
Approve the application with conditions;
Deny the application;
Continue the hearing on the application; or
Refer the application back to the Commission for further review and recommendation.

Effective on: 1/1/1901

Sec. 11-3-1.09 Continuances and Withdrawal of Applications

Withdrawal. Any application may be withdrawn, either in writing or on the record during the proceeding before the recommendation or decision is made.

Effective on: 1/1/1901

Sec. 11-3-1.10 Approval; Effect of Approval

Expiration of Approvals.

Permitted time frames for an approval do not change with changes in ownership and shall expire as indicated in Table 11-3-1.10, Time Limitations and Extensions, if either of the following occur:
1. A building permit or site permit has not been issued to establish the use authorized in the approval; or
2. The use does not require a building permit and is not established, ongoing, and in operation.
Although a permit may expire, nothing in Subsection D.1., above, abrogates the right to seek a new permit. However, the new permit application will be decided based on its compliance with the standards that are in place at the time it is filed.
Any approval not listed in Table 11-3.1.10, Time Limitations and Extensions, shall not expire. Such approvals shall continue in force until superseded by an amendment to this UDC, a subsequent, inconsistent application, or other similar specific action that would alter the approval.

Extensions.

Upon written request and good cause shown, one extension may be granted by the decision-making body for a period not to exceed the original approval period. No request for an extension shall be considered unless a written application requesting the extension is submitted to the responsible official no later than one month prior to the expiration of the approval. Failure to submit an application for an extension within the time limits established by this Section shall result in the approval's expiration as provided above.
This Subsection does not apply to building permits if evidence of good-faith effort toward completion is provided to the responsible official.

Table 11-3-1.10 Time Limitations and Extensions
Application Type	Time Limitation
Site Permit	6 months to commencement of construction, and 3 years to completion
Site Plan Approval	24 months
Building Permit	180 days unless otherwise approved by Building Inspector; or expires due to 30 days of dormancy or abandonment.

Table 11-3-1.10 Time Limitations and Extensions
Application Type	Time Limitation
Site Permit	6 months to commencement of construction, and 3 years to completion
Site Plan Approval	24 months
Building Permit	180 days unless otherwise approved by Building Inspector; or expires due to 30 days of dormancy or abandonment.

Effective on: 1/1/1901

Sec. 11-3-1.11 Successive Applications

Time Required Between Substantially Similar Applications. The City shall not accept any application that is substantially similar to an application that was denied six months prior.

Appeal and Waiver of Restrictions.

The responsible official's determination that an application is substantially similar to a denied application is subject to administrative appeal.
In the alternative to an appeal, the applicant may seek a waiver of the successive application rules from the City Council, which may grant the waiver for good cause shown.

Effective on: 1/1/1901

Sec. 11-3-2.01 Interpretations

Interpretation Guidelines. The responsible official shall refer to the following to provide the policy framework for interpretations:

Refer to Article 11-1, Purpose and Application of Chapter 11, at the beginning of this Chapter which includes the interpretation section, and any purpose statements within the Article or Section that may be relevant to the determination;
Refer to Chapter 13, Enforcement, Interpretation, Disclaimer, and Repealer; and
The adopted Comprehensive Plan for the City of Magnolia.

Effective on: 1/1/1901

Sec. 11-3-2.02 Administrative Appeals

Generally.

The purpose of administrative appeals is to provide an opportunity for affected parties to seek review of a decision of a responsible official or the Commission in a timely and inexpensive way.
Administrative appeals are decided by the City Council.

Standards to be Reviewed. The City Council shall decide appeals according to the same standards that the decision-maker was to apply to the application.

Scope of Review. The City Council shall review the application in the same manner as the decision-maker. However:

No evidence shall be presented to the City Council that was not considered by the decision-maker; and
No issues shall be reviewed by the City Council that were not described or obviously implied by the petition for appeal.

Parties to Appeal.

Only parties shall have standing to bring an appeal. No appeal by a person who is not a party shall be heard.
The parties to an appeal are the Petitioner and the Respondent. The City is always a Respondent. Other interested parties may also join as respondents pursuant to Subsection G., below.
A person or entity is a party if it demonstrates:
1. That final action of the City caused it injury;
2. The injury is different in kind or degree from injury to members of the general public; and
3. The injury can be remedied if the appeal is granted.
The Applicant is always a party, and shall not be required to demonstrate injury if:
1. The Applicant is appealing an adverse decision or an adverse condition of approval, in which case the Applicant is a Petitioner; or
2. The Applicant's application is the subject of an appeal by another party, in which case the Applicant is a Respondent.
Any person or entity that owns property within 300 feet of any parcel line of the parcel that is the subject of the appeal shall not be required to demonstrate injury.

The name, address, and telephone number of the Petitioner;
A short statement indicating the nature of the application, the application number, the date of hearing, and the decision;
A short statement indicating how the Petitioner qualifies as a party, pursuant to either Subsections D.3., D.4., or D.5. above; and
A short but specific statement regarding how the decision appealed violates this UDC. The statement shall refer to the particular section numbers upon which the Petitioner relies.

Contents of Notice. The notice of appearance shall include:
1. The name, address, and telephone number of the person or entity entering the Notice of Appearance;
2. A reference to the appeal number and date of decision;
3. A short statement indicating how the person or entity entering the Notice of Appearance qualifies as a party.
4. A statement as to whether the person or entity entering the Notice of Appearance is seeking to become a Petitioner or Respondent in the appeal.
Materials to be Provided to Adverse Party. The City shall require the Petitioner to furnish each adverse party with a copy of the petition and the application for development approval for the property that is the subject of the appeal.

Public Hearing and Decision. The City Council shall hold a public hearing on the appeal according to the following procedures:

Order of Presentation. The appeal hearing shall be ordered as follows:
1. Members of the City Council shall disclose:
  1. Potential conflicts of interest; and
  2. Communications with others involved.
2. The Petitioner shall present the appeal.
3. The Respondent shall present a response.
4. Intervenors shall be heard, first on behalf of the Petitioner, and then on behalf of the Responded.
5. Members of the public may be heard.
6. The Petitioner may cross-examine the Respondent or Intervenors.
7. The Respondent may cross-examine the Petitioner or Intervenors.
8. The Petitioner may make a closing argument.
9. The Respondent may make a closing argument.
10. Members of the City Council may ask questions of the Petitioner, Respondent, or City Staff.
11. The City Council shall decide the appeal by majority vote of a quorum present.
Form of Decision. Decisions regarding appeals shall be reduced to writing, executed by the Mayor or the Mayor Pro Tem in absence of the Mayor. Such written decisions shall include the factual basis for the decision and a record of the vote on the decision by the City Council.

Effective on: 1/1/1901

Sec. 11-3-3.01 City Initiated Amendments

Required Additional Procedures. No amendment to this UDC shall be effective unless:

The City Council has received a final report from the Commission on the merits of the amendment; and
The City Council has held a public hearing upon the proposed amendment at which parties in interest and citizens have had an opportunity to be heard, at least 15 days’ notice of which hearing has been published in the newspaper of general circulation.

Effective on: 1/1/1901

Sec. 11-3-4.01 Development and Annexation Agreements Authorized

Authorization. Proposed development agreements and annexation agreements shall be reviewed by the City Attorney and shall be approved by the City Council before execution.

Effective on: 1/1/1901

Sec. 11-3-4.02 Contents of Development and Annexation Agreements

Required Development Agreement Provisions. A development agreement shall include at least the following provisions:

Design Standards;
Subdivision Standards;
Duration of the agreement;
Permitted uses; and
Terms and conditions relating to financing of necessary public facilities by the applicant; and, if such improvements serve more than the applicant's subdivision, subsequent reimbursement of the applicant over time.

Annexation Agreements. An annexation agreement shall include at least the following provisions:

An irrevocable consent of the owner of the property that is the subject of the annexation agreement to consent to annexation into the City pursuant to the agreement;
The timing or conditions upon which the annexation will take place; and
The timing or phasing of extension of utilities and services to the annexed property, including how the costs of the extension will be allocated between the City and the property owner.

Optional Provisions. Development agreements and annexation agreements may include:

Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set out in the agreement;
A requirement that construction shall be commenced within a specified time and/or that the project or any phase thereof be completed within a specified time; and
Any other lawful provision that is mutually agreed to between the property owner and the City.

Planned Development District (PD)

General purpose and description.
1. The PD Planned Development District is a district which accommodates planned associations of uses developed as integral land use units such as office parks, retail/commerical or service centers, shoppingcenters, residential developments having a mixture of housing options (e.g., Single-Family, Multifamily, Duplex (Two Family), etc.), or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PD Planned Development District may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this chapter, to ensure the compatibility of land uses, and to allow for the adjustment of changing demands to meet the current needs of the community by meeting one or more of the following purposes:
  1. To provide for a superior design on lots or buildings;
  2. To provide for increased recreation and open space opportunities for public use and enjoyment;
  3. To provide amentiies or features that would be of special benefit to the property users or to the overall community;
  4. To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes, viewscapes, or wildlife habitats;
  5. To protect or preserve existing historical buildings, structures, features or places;
  6. To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services; and
  7. To meet or exceed the standards of this chapter.
2. The city council, after public hearing and proper notice to all parties affected and after recommendation from the planning and zoning commission, may authorize the creation of a PD Planned Development District, in accordance with the provisions of this section and standards set out in the Unified Development Code.
3. The ordinance granting a PD Planned Development District shall include a statement as to the purpose and intent of the PD Planned Development District granted therein, as well as a general statement citing the reason for the PD Planned DevelopmentDistrict request.
Permitted uses.
1. A PD Planned Development District may be approved with any use or combination of uses allowed by this chapter. The uses permitted in any specific PD Planned Development District shall be enumerated in the ordinance establishing such district, along with any conditions or limitationsdeemed appropriate for the specified uses.
Area and height regulations.
1. The minimum acreage for a PD Planned Development District request shall be two acres.
2. Each PD Planned Development District shall establish regulations deemed necessary and appropriate for the development of the property within the district and the protection of neighboring properties. These regulations may include, but are not limited to, the following:
  1. Front, side, and rear yard requirements;
  2. Minimum lot width, depth, and areas requirements;
  3. Maximum lot coverage;
  4. Maximum building size and/or height;
  5. Landscaping, open space, and screening requirements;
  6. Off-street parking and loading requirements; and
  7. Signage requirements.
3. Minimum regulations. Each PD Planned Development District shall establish regulations deemed necessary and appropriate for the development of the property within the district and the protection of neighboring properties.
4. Maximum lot coverage. Not more than 60 percent of a lot may be covered with buildings, driveways, sidewalks, or other impermeable material, unless approved otherwise at the time of the PD Planned Development District and/or site plan approval by the planning and zoning commission and the city council.
5. Maximum height. Maximum height shall not exceed 35 feet unless approved by the planning and zoning commission the city council
6. Green space/recreational areas. A minimum of 20 percent of the gross platted area shall be green space. The term "green space" is defined as, and limited to common areas of green space or landscaping and community recreational areas that are irrigated and continuously maintained. The term "green space" does not include areas specifically designatedor used as building sites or zero lot line units. The actual surface areas of green space, such as common area lawns and landscaping, community swimming pools and surrounding paved deck area, community tennis courts, community rooms, community saunas, and other common recreational areas, shall be considered in calculating the minimum requirement for green space. Detention ponds and surrounding areas may also be considered "green space" so long as the detention area is amenitized. Required buffer yards, except surfaced parking and driveways located within said buffer yards, if any, may be included in computing the minimum required area of green space.
7. Reserved.
8. Reserved.
9. Reserved.
Approval process.
1. The review process for a planned developmentshall include up to five steps:
  1. Preapplication conference with the city administrator or his designee
  2. Payment of Development Escrow Fee, see Ch. 11 and City Fee Schedule
  3. Adoption of ordinance establishing planned developmentdistrict;
  4. Concept plan; and
  5. Construction of project (after city approval of all required plans and plats).
2. Payment of all indebtedness attributable to the subject property.
3. Reserved.
4. Reserved
Concept plan.
1. Purpose. This section establishes a review process for planned developments. The purpose is to ensure that a development project is in compliance with all applicable city ordinances and guidelines prior to commencement of construction.
2. Applicability. Submission and approval of a concept plan shall be required for all planned developments.
3. Building permit and certificate of occupancy. A concept plan shall be submitted in conjunction with a building permit application (this is a different application than the building permit plan that is discussed within this section). No building permit shall be issued until a concept plan and all other required engineering/construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the concept plan and engineering/construction plans, as approved by the city.
4. Extent of area that should be included in a concept plan. When the overall development project is to be developed in phases, the area included within the concept plan shall include only the portion of the overall property that is to be developed/constructde.
5. Procedures and submission requirements for concept plan approval. All concept plans shall be prepared by a qualified civil engineer, land planner, architect or surveyor, and it shall clearly show in detail how the site will be constructed (such as paving, buildings, landscaped areas, utilities, etc.). To ensure the submission of adequate information, the city is hereby empowered to maintain and distribute a separate list of specific requirements for the review of concept plan applications.
6. Review and approval of a concept plan. The approval process for a concept plan shall generally be reviewed by city staff, recommendation by the planning and zoning commission, and approval by the city council.
  1. City staff review of concept plans.
    1. Upon official submission of a complete application of a concept plan for approval, the city shall review the application. Specifically, the city administrator or his designee, city engineer, and the building official or their designee shall review the concept plan prior to the concept plan being forwarded to the planning and zoning commission. Determination of application completeness, notice to the applicant in writing of missing documentsand information within ten (10) business days and expiration of application within 45 calendar days due to incompleteness shall be adhered.
    2. Concept plans shall be evaluated to ensure that all developments are, to the best extent possible, constructed according to the city's codes and ordinances.
    3. Following city staff review, and following discussions regarding necessary revisions, the applicant shall resubmit additional copies of the corrected concept plan to the city administrator or his designee.
    4. The city administrator or his designee shall then submit the corrected plan to the planning and zoning commission.
    5. It should be noted that the city administrator or his designee shall forward the original plan application to the commission if the corrected version is not resubmitted within the prescribed time period.
    6. It should also be noted that a corrected plan that is incomplete or is otherwise not ready for consideration shall be subject to denial.
  2. Planning and zoning commission review of concept plans.
    1. All concept plan applications shall be reviewed by the planning and zoning commission.
    2. The city administrator, or his designee, shall schedule consideration of the concept plan application on the regular agenda of the planning and zoning commission within 30 calendar days after the application is received.
    3. The planning and zoning commission shall review the concept plan and shall recommend to the city council approval, approval subject to certain conditions, or denial of the concept plan.
  3. City council review of and action on concept plans.
    1. All concept plan applications shall be reviewed by the city council after being reviewed by the planning and zoning commission.
    2. The city administrator, or his designee, shall schedule consideration of the concept plan application on the regular agenda of the city council.
    3. The city council shall review the concept plan and shall approve, approve subject to certain conditions, or deny approval of the concept plan.
7. Revisions to the approved concept plan.
  1. Minor revisions/amendments.
    1. It is recognized that final architectural and engineering design may necessitate minor changes in the approved concept plan. In such cases, the city administrator, or his designee, shall have the authority to approve minor modifications to an approved concept plan. Such minor modifications submitted on an amended concept plan, which shall substantially conform to the previously approved concept plan.
    2. Submission materials and requirements for approval of an amended concept plan shall be as determined by the city administrator or his designee.
  2. Major revisions. In the event of revisions that are more extensive in nature (i.e., do not conform to the description for minor amendments in subsection (g)(1)a of this section), a revised concept plan must be resubmitted, reviewed, and approved by the city administrator or his designee. The city administrator or his designee shall have the authority to determine whether a revised concept plan warrants a review and approval as outlined in subsection a. of this section.
  3. Effect of review/approval. The concept plan shall be considered authorization to proceed with construction of the site provided all other required city approvals are obtained (such as final plat, engineering plans, etc.).
  4. Validity, lapse, and reinstatement of concept plan. Refer to Sec. 11-3-1.10 Approval; Effect of Approval
8. List of planned development districts. All Planned Development zoning districts approved in accordance with the provisions of this chapter, as may be amended, shall be prefixed by a "PD" designation and assigned a unique identification number (e.g., PD-1, PD-2, PD-3, etc.), and shall also be referenced on the zoning district map. A list of such Planned DevelopmentDistricts, showing the uses permitted and any other special stipulations of each PD Planned Development District shall be maintained as part of this chapter.
9. Prior planned development ordinances remaining in effect. Prior to adoption of the ordinance from which this chapter is derived, any development agreements previously approved by the city council that established zero lot line developments, are to be continued in full force and effect. The ordinances, parts of ordinances and/or plans approved prior to adoption of the ordinance form which this chapter is derived that applied to these developments, will remain in effect.

(Ord. No. O-2018-010, 08/14/2018)

Effective on: 8/14/2018

Sec. 11-3-4.03 Review; Modification; and Termination of Development Agreements

Effective on: 1/1/1901

Sec. 11-3-5.01 Periodic Review of Fee Schedule

Effective on: 1/1/1901

Sec. 11-3-5.02 Escrow Fees

Generally.

A fee shall be paid into escrow to cover costs incurred by the City for retaining professional services to perform technical review of proposed plats and plans for their consistency with the comprehensive plan and new unified development code.
Consultants may contact the applicant during the course of review and project negotiation. However:
1. The City is the client, and there shall be no consultant representation of the applicant or confidentiality as between any City consultant and the applicant.
2. The Consultant is not authorized to bind the City.

Amount of Fee.

The escrow fee for each type of application is identified in Table 11-3-5.02, Development Fee Schedule.
The City Administrator may require additional escrow funds be provided to pay for additional services related to the application should they become necessary.
Should an applicant submit multiple applications, the applicant is responsible for paying the sum of the escrow fees as listed in Table 11-3-5.02, Development Fee Schedule.

Use of Fee. The City may draw upon the escrow to pay for:

The monthly billings of any consultants used by the City to review the proposed plats and plans for development; and
15 percent administrative fee relative to the escrow cost of the development application used by the City for the internal staff cost of processing a development application and public notice.

Return of Escrow Fee; Payment of Outstanding Balance.

When the application is decided, the balance of the escrow (if positive) shall be returned to the applicant. If an additional balance is due, it shall be paid by the applicant to the City as a condition of approval.
Applicants shall be provided with a monthly accounting of the escrow.

Conflict of Interest. Consultants that are retained to provide professional services to the City shall certify under oath that:

They and members of their immediate families have no material financial interest in the outcome of any decision for which they are retained to provide services; and
They do not have any other business relationship with the applicant that may create a conflict of interest (all business relationships with the applicant shall be disclosed).

Table 11-3-5.02 Development Fee Schedule
Procedure	Notes
Escrow $5,000
Final Plat	Fee does not include Montgomery County recordation.
Major Modifications of Plats	Fee does not include Montgomery County recordation.
Preliminary Plat	Fee does not include Civil Construction application materials.
Rezoning: Planned Development (PD)	Fee includes publication
Site Plan: 20 or more acres
Escrow $4,000
Site Plan: 10 - 19.99 acres
Escrow $3,000
Preliminary Plat: With no Transportation Improvement Analysis or Public Improvements	Fee does not include Civil Construction permits
Rezoning: All Designations Except PD	Fee includes publication
Site Permit	Site preparation to shape the site for development
Site Plan: < 9.99 acres
Escrow $2,000
Conditional Use Permit	Fee applicable only when Drainage Plan submitted separately without Civil Construction application materials.
Drainage Plan
Final Plat: Minor Amending Final Plat and Final Vacation Plat	Fee does not include Montgomery County recordation.
Land Clearing Permit	Tree Inventory, Removal, Mitigation, and Erosion Control
Text Amendment (UDC)
Variance	Applies to any Variance application
Escrow $1,000
Administrative Appeal
City Council Appeal
Miscellaneous
Annexation	No Charge
Building Permit	In accordance with currently adopted IBC and ICC building valuation data
Certificate of Occupancy Permit	$100
Right-of-Way Encroachment Permit	$100
Sign Permit	Price depends upon sign type as defined on Sign Permit Application
Tree Removal Permit	$50 + $10/protected tree

Table 11-3-5.02 Development Fee Schedule
Procedure	Notes
Escrow $5,000
Final Plat	Fee does not include Montgomery County recordation.
Major Modifications of Plats	Fee does not include Montgomery County recordation.
Preliminary Plat	Fee does not include Civil Construction application materials.
Rezoning: Planned Development (PD)	Fee includes publication
Site Plan: 20 or more acres
Escrow $4,000
Site Plan: 10 - 19.99 acres
Escrow $3,000
Preliminary Plat: With no Transportation Improvement Analysis or Public Improvements	Fee does not include Civil Construction permits
Rezoning: All Designations Except PD	Fee includes publication
Site Permit	Site preparation to shape the site for development
Site Plan: < 9.99 acres
Escrow $2,000
Conditional Use Permit	Fee applicable only when Drainage Plan submitted separately without Civil Construction application materials.
Drainage Plan
Final Plat: Minor Amending Final Plat and Final Vacation Plat	Fee does not include Montgomery County recordation.
Land Clearing Permit	Tree Inventory, Removal, Mitigation, and Erosion Control
Text Amendment (UDC)
Variance	Applies to any Variance application
Escrow $1,000
Administrative Appeal
City Council Appeal
Miscellaneous
Annexation	No Charge
Building Permit	In accordance with currently adopted IBC and ICC building valuation data
Certificate of Occupancy Permit	$100
Right-of-Way Encroachment Permit	$100
Sign Permit	Price depends upon sign type as defined on Sign Permit Application
Tree Removal Permit	$50 + $10/protected tree

Effective on: 1/1/1901