A.

Generally. This document shall be officially known as the Development Code of the City of Marble Falls, Texas.

B.

Short Title. The Marble Falls Development Code may hereinafter be called "these regulations."

A.

Generally. These regulations have been created in order to achieve the general purpose of protecting and promoting the public health, safety, morals, and general welfare of the residents, business owners, employees, property owners, and visitors of the City and by preserving places and areas of historical, cultural, or architectural importance and significance. Furthermore, these regulations are intended to be consistent with and implement City-adopted master plans and promote policies of the City.

B.

Purposes. In addition to the general purposes identified in Subsection 1.1.2.A, above, these regulations are intended to lessen congestion in the streets, secure safety from fire, panic and other dangers, promote the health and general welfare, provide adequate light and air, prevent the overcrowding of land, avoid undue concentration of population and facilitate the adequate provision of transportation, water, sewer, schools, parks and other public requirements.

A.

Generally. These regulations are adopted and enforced in accordance with the authorities contained in the constitution and laws of the State of Texas, including Chapters 211 and 212 of the Texas Local Government Code, the City's Home Rule Charter and other applicable statutes and law.

B.

Comprehensive Plan. These regulations are enacted to be consistent with and implement the policies, objectives, and other strategic actions of the City's Comprehensive Plan.

A.

Generally. These regulations apply to all land, development, and the use of all land, buildings, and structures, unless specifically exempted herein or preempted by state or federal law.

B.

City Limits. These regulations apply to all areas within the City limits of the City of Marble Falls, Texas.

C.

Extraterritorial Jurisdiction (ETJ). In order to promote the health, safety, morals, and general welfare of the City and the safe, orderly, and healthful development of the City, it is the intent of the City to exercise full authority in all or portions of the ETJ as allowed by state law, including but not limited to the following:

1.

The City will exercise full authority in the entire designated ETJ or portions of the ETJ (as applicable) as follows:

a.

Plats, Development Plats and subdivision approvals.

b.

Access to public roads.

c.

Regulation of ground water.

d.

The definition and prohibition of nuisances, including the power to summarily abate and remove nuisances, in the ETJ within 5,000 feet of the City limits.

e.

The regulation of nonpoint source pollution.

2.

In addition to the matters listed in Subsection 1.1.4.C.1, the City will apply the following provisions related to the use and development of property in the entire designated ETJ, generally through the requirement of a subdivision plat or Development Plat and/or Site Development Plan:

a.

Any and all portions of the City's Code of Ordinances that specifically state their application to the ETJ;

b.

All standards of the following regulations:

i.

All standards of Article 5, Environmental Protection.

ii.

All standards of Article 6, Subdivision Design and Land Development.

iii.

All standards of Article 7, Access, Driveways, and Circulation.

A.

Pending Applications for Development Approvals. Any application for a development approval or permit submitted to the City prior to the adoption date of these regulations shall be processed and considered for approval in accordance with the regulations in effect on the date the application was submitted.

B.

Existing Development Agreements. Executed development agreements shall be subject to the regulations described in the Development Agreement.

C.

Prior Conditions of Approval. Conditions on development approvals granted prior to the effective date of these regulations remain in effect. However, conditions on development approvals granted prior to the effective date may be modified or eliminated for new applications that meet the procedures and standards of these regulations.

D.

Private Restrictions/Deed and Covenant Restrictions. These regulations do not affect private restrictions, nor do private restrictions affect these regulations. The City has no duty to search for the existence of private restrictions that may affect the use, development, or maintenance of a property. The City will only enforce the provisions of these regulations and other applicable City ordinances. Enforcement of private restrictions is at the sole discretion and responsibility of the parties of the private restrictions, unless such restrictions are created to provide compliance with a requirement of these regulations.

A.

Generally. In the event that one or more of these regulations are in conflict with each other or other lawfully adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes the higher standard shall govern.

B.

State and Federal Law. No part of these regulations relieves any applicant or recipient of any permit, certificate, or approval from the responsibility of complying with all other applicable requirements of any other county, state, or federal agency having jurisdiction over the structures or land uses for which the permit, certificate, or approval was issued. Likewise, compliance with state or federal law does not relieve the applicant or recipient of any permit, certificate, or approval from the responsibility of complying with these regulations, unless the application of these regulations is legally preempted.