A.

Generally. This Article establishes the review and decision-making authority for each application for permit or approval as either requiring administrative approval or a public meeting or hearing and approval by an elected or appointed body. This Article establishes how the designated decision-making authority exercises that authority as it relates to decisions required by these regulations.

B.

No Implied Limitation. The provisions of this Article shall not be a limitation regarding the conduct of the Council, boards, commissions, or City staff where additional responsibilities or authority are set out elsewhere in these regulations, the City's Code of Ordinances, or through policies adopted by the City Council, or a board or commission approved by the City Council.

C.

Delegation of Duties. Assigned City staff decision-makers may delegate duties to other City staff to perform such functions and duties as may be required by these regulations; provided that such delegation is to other City staff or outside entities which are technically proficient to undertake such duties. Such designation does not relieve the decision-makers of overall responsibility for any final action, report, recommendation or additional duty described in these regulations.

D.

Recordkeeping. A record of files related to all applications established in this Article shall be kept by City staff for public inspection in a format consistent with open records laws.

A.

Generally. The City Council shall have all the powers and duties as set out in the City's Home Rule Charter, the City's Code of Ordinances, and the constitution and the laws of the State of Texas.

B.

Role and Responsibilities. As it relates to these regulations, the City Council shall act upon the permits and applications set out in Section 11.1.16, Summary of Decision-Making Authority. In addition, the City Council may take any other action not delegated to an appointed board, commission, or committee, or City staff, as the City Council may deem desirable and necessary to implement the provisions of these regulations, the Home Rule Charter, the City's Code of Ordinances, or other policies, rules, ordinances, or regulations established by the City.

A.

Generally. The Planning and Zoning Commission is authorized by Chapter 211, Municipal Zoning Authority, of the Tex. Local Gov't Code, Article 9, Planning and Zoning, of the City's Home Rule Charter, and Chapter 17, Planning, of the City's Code of Ordinances.

B.

Role and Responsibilities. The Planning and Zoning Commission shall serve as an advisory board to the City Council and the Commission shall act as deciding authority upon the permits and applications as designated in Section 11.1.16, Summary of Decision-Making Authority. In addition, the Planning and Zoning Commission shall exercise its authority in recommending plans for the physical development and redevelopment of the City and other duties as may be assigned by the City Council.

C.

Joint Meetings. Any public hearing required by these regulations or state law to be held by the Planning and Zoning Commission may be held jointly with any public hearing required to be held by City Council. Such joint meetings may be held after publication of notice as required by law.

A.

Generally. The Zoning Board of Adjustment is authorized by Section 211.008, Board of Adjustment, of the Tex. Local Gov't. Code and Chapter 17, Planning, of the City's Code of Ordinances.

B.

Role and Responsibilities. The Zoning Board of Adjustment is the delegated authority in hearing and deciding Zoning Variances. As it relates to these regulations, the Zoning Board of Adjustment, shall act upon the applications set out in Section 11.1.16, Summary of Decision-Making Authority.

A.

Generally. The City Manager position and its authority is established in Section 4.01, City Manager, of the City's Home Rule Charter.

B.

Role and Responsibilities. The City Manager shall be the chief administrative officer of the City, and shall be responsible to the City Council for the proper administration of all the affairs of the City. As it relates to these regulations, the City Manager has the authority to assign and appoint the responsibilities to the Director, City Engineer, Building Official, Floodplain Administrator, or any other member of City staff or person acting on behalf of City staff. The City Manager may also choose to establish a development review committee or similar informal body to participate in the technical review and comment of development applications for the City.

A.

Generally. The Director is a representative of the City staff appointed by the City Manager to be the administrator of these regulations. Such duties may be allocated and reallocated by the City Manager in the exercise of the responsibilities of that office without amendment to these regulations.

B.

Role and Responsibilities. As it relates to these regulations, the Director shall act upon the permits and applications set out in Section 11.1.16, Summary of Decision-Making Authority.

A.

Generally. The City Engineer is a representative of the City staff appointed by the City Manager to serve as the official Engineer of the City of Marble Falls and shall perform the duties and responsibilities as described by these regulations and other regulations set out in the City's Code of Ordinances.

B.

Role and Responsibilities. As it relates to these regulations, the City Engineer shall act upon the permits and applications set out in Section 11.1.16, Summary of Decision-Making Authority. The City Engineer shall also maintain the City's Technical Criteria and Specification Standards (TCSS) manual and other technical specification manuals as may be necessary to review and implement these regulations.

A.

Generally. The Building Official is a representative of the City staff appointed by the City Manager to safeguard the public health, safety, and general welfare of the City through ensuring compliance with the City's adopted building codes and other provisions set out in these regulations.

B.

Role and Responsibilities. As it relates to these regulations, the Building Official shall act upon the permits and applications set out in Section 11.1.16, Summary of Decision-Making Authority.

A.

Generally. As it relates to these regulations, the Floodplain Administrator is a representative of the City staff appointed by the City Manager to administer and implement all floodplain management provisions of these regulations and other appropriate sections of 44 CFR (Emergency Management and Assistance—National Flood Insurance Program Regulations) pertaining to floodplain management.

B.

Role and Responsibilities. The Floodplain Administrator shall act upon the permits and applications set out in Section 11.1.16, Summary of Decision-Making Authority. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

1.

Recordkeeping. Maintain and hold open for public inspection all records pertaining to the provisions of this Section.

2.

Permit Review.

a.

Review permit applications to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding.

b.

Review, approve or deny all applications for Floodplain Development Permits required by adoption of this Section.

c.

Review permit applications for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.

3.

Interpretation of Boundaries of Areas of Special Flood Hazards. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.

4.

Responsibilities Pertaining to Alterations to or Relocations of Watercourses.

a.

Notify, in riverine situations, adjacent communities and the state coordinating agency which is the Texas Water Development Board (TWDB) and also the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

b.

Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

5.

Floodplain Information and Determination.

a.

When base flood elevation data has not been provided in accordance with Subsection 5.2.2.B, Basis for Establishing the Areas of Special Flood Hazard, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, to administer the provisions of Section 5.2.3, Provisions for Flood Hazard Reduction, of these regulations.

b.

When a regulatory floodway has not been designated, the Floodplain Administrator shall require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

6.

Required Map Provisions. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first completes all the provisions required by [CFR] Section 65.12.

A.

Generally. This Section establishes and assigns responsibility under the subdivision ordinance for taking action with regard to each application or approval as either requiring administrative approval, requiring a public meeting or hearing, and/or requiring approval by an elected or appointed body.

B.

Summary of Decision-Making Authority. The deciding authority (hereafter "Decision Maker") for each application or approval or other action required by these regulations is identified in Table 11.1.16, Summary of Decision-Making Authority.

A.

Generally. This Section establishes general application procedures and internal review procedures that shall apply to all applications for a permit or approval that are set out in this Article.

B.

Pre-Application Meeting.

1.

Generally. Prior to the submission of an application for permit or approval, a pre-application meeting may be required or recommended between a potential applicant and the Director, or a designated representative of either party, and any other pertinent representatives or staff. The pre-application meeting is intended for the City and potential applicant to exchange non-binding information to promote an efficient development review process. The Director shall determine and publish which application types require a pre-application meeting.

2.

Pre-Application Forms and Materials. The Director may determine and publish forms or documents that include information requirements, materials checklist, contact information, and any other information necessary to sufficiently describe the potential application.

3.

Vesting Rights. Neither a pre-application meeting, nor any forms, materials, and information submitted for a pre-application meeting, shall be considered a vesting instrument, nor shall it vest a permit, application, or any type of approval.

C.

Application Forms.

1.

Generally. Every application for approval or permit required by these regulations shall be submitted on forms prepared by the Director, along with supporting materials and application fee.

2.

Forms. In addition to the requirements outlined herein for each type of development application, the City is hereby authorized to prepare application forms to collect information and materials necessary to process each type of application.

a.

Application forms shall include specific information including, but not limited to, information requirements, checklists, architectural or engineering drawing sizes, language blocks for plats, applicant contact information, materials and any other information necessary to facilitate the review of the application for compliance with and administration of these regulations, as prepared by the Director.

b.

The forms and paperwork are available in paper or digital format at the City office where applications are submitted and/or reviewed.

c.

The Director shall periodically review and may revise forms for each type of application from time to time.

d.

It is the applicant's responsibility to be familiar with, and to comply with, these policies and procedures.

D.

Fees.

1.

Generally. Every application shall be accompanied by the prescribed fees set forth in Appendix C, Master Fee Schedule, of the Code of Ordinances. The City shall not accept an application for review without the required application fee. The adopted fees may be revised from time to time by the City Council and shall not require amendment of these regulations.

2.

Payable. All required fees shall be made payable to "The City of Marble Falls."

3.

Required for Administrative Completeness. All applications shall be accompanied by the prescribed fees to be considered administratively complete.

4.

Fee Refunds.

a.

Withdrawn Applications. Withdrawn applications that have not been determined to be administratively complete may be refunded 50 percent of the application fee.

b.

Administratively Complete Applications. Once an application has been determined to be administratively complete, the prescribed fees shall not be refundable, except when submitted in error.

E.

Determination of Administrative Completeness.

1.

Generally. An application shall not be considered as officially submitted, accepted for review, or filed until it has been determined by the Director to be administratively complete.

2.

Considerations for Determination of Administrative Completeness. The Director, or designee, shall review each submitted application to determine if the minimum items needed for proper review of such application are present. An application must be determined to be administratively complete in order to begin the review process.

a.

A submitted application shall not be determined to be administratively complete until, at a minimum, the following has been received by the City:

i.

Completed application form;

ii.

Payment of all applicable fees; and

iii.

All the application requirements and supplemental information indicated as required per the application form for the specific type of application.

b.

A submitted application shall not be determined to be administratively complete until, at a minimum, the following has been completed by the applicant:

i.

Pre-application meeting with staff has been held (if required); and

ii.

All required preceding approvals (e.g., proper zoning, approved plats, etc.) have been acquired.

3.

Timeframe for Administrative Completeness Review. No more than ten business days after the receipt of an application by the City, the Director shall review the application for administrative completeness. Failure by the Director to make a determination of administrative completeness or to provide notice of administrative incompleteness, as set out in Subsection 11.2.1.E.4, Administratively Incomplete Applications, below, within this time frame shall result in the application being deemed administratively complete on the eleventh business day following receipt.

4.

Administratively Incomplete Applications. Applications that do not include all required information and materials shall be considered administratively incomplete.

a.

The Director shall notify the applicant in writing of the determination and shall provide a written explanation of missing or incomplete items that are necessary to complete the application.

b.

The Director may elect to extend the time period of determination of administrative completeness for the applicant to submit the missing or incomplete items. The Director shall provide, in writing, a specified timeframe to the applicant for the incomplete item(s) to be resubmitted. If the item(s) is not resubmitted within this time period, the application shall be deemed rejected and shall not be reviewed for technical completeness, shall not be considered filed, and shall be returned to the applicant.

c.

The applicant may request an additional meeting for explanation of the missing or incomplete items.

d.

After an application has been determined to be administratively incomplete and rejected, a new application and fee shall be required for any future submittals.

5.

Administratively Complete Applications. Administratively complete applications shall be processed according to the applicable development approval procedures of this Article. The determination of an administratively complete application does not constitute a determination of technical completeness or compliance with applicable regulations nor imply that the application successfully meets any review criteria.

F.

Determination of Technical Completeness.

1.

Generally. Upon receipt of an administratively complete application, the City shall commence technical compliance review of the submitted application. This may include review by a development review committee, which may be designated by the City Manager.

2.

Determination of Technical Completeness. An application shall not be deemed to be technically complete until staff has determined the application and any supporting documents meet all applicable requirements of these regulations and are in compliance with any other applicable City or State requirements.

3.

Technically Incomplete Applications. Applications that do not include all required information and materials shall be considered technically incomplete.

a.

The Director shall notify the applicant in writing of any revisions deemed necessary for the application to be determined to be technically complete. The applicant may request a meeting for explanation of the missing or incomplete items.

b.

The applicant shall submit any necessary corrections to the City no later than fourteen (14) calendar days prior to the public meeting at which it is scheduled to be considered, if applicable.

c.

An application presented to the Commission and/or City Council prior to determination of technical completeness may be subject to denial.

4.

Technically Complete Applications. Technically complete applications shall be processed according to the applicable development approval procedures of this Article. The determination of a technically complete application by City staff does not constitute or imply an approval by the decision-making authority.

G.

Proof of Land Ownership.

1.

Generally. Except as provided by these regulations, any application for permit or approval shall be initiated only by the property owner or owner of an interest in the land. A property owner may authorize a representative to submit an application for permit or approval provided that the application includes a signed statement from the property owner authorizing the representative to file the application on the owner's behalf.

2.

Written Verification Required. Along with the application, the applicant shall provide written verification of land ownership of the subject land parcel or parcels, provided to the City at the time of submittal. The Director shall have the authority to determine what document(s) the City will require to prove ownership, such as one of the following:

a.

General warranty deed;

b.

Special warranty deed;

c.

Title policy; or

d.

Certified copy of a tax certificate from Burnet Central Appraisal District.

H.

Payment of All Indebtedness Attributable to a Specific Property.

1.

Generally. No person who owes delinquent taxes, delinquent fees, delinquent paving assessments, or any other delinquent debts or obligations to the City of Marble Falls, and which are directly attributable to a piece of property, shall be allowed to proceed forward to final permit or approval for said property until the taxes, assessments, debts or obligations directly attributable to said property have been first fully discharged by payment, or until an arrangement satisfactory to the City Manager (or designee) has been made for the payment of such debts or obligations.

2.

Applicant's Responsibility. It shall be the applicant's responsibility to provide evidence or proof that all taxes, assessments, debts or obligations have been paid at the time of submission for any application for approval under these regulations.

I.

Concurrent Applications.

1.

Generally. An applicant may concurrently submit different applications related to the same development within each of the following application groups. Approval of all relevant applications within each group must be obtained prior to submission of an application in the subsequent group.

a.

Policy Applications;

b.

Annexation (Voluntary);

c.

Zoning Map Amendment (Rezoning);

d.

Conditional Use Permit;

e.

Variance;

f.

Special Exception;

g.

Preliminary Plat;

h.

Development Applications;

i.

Final Plat;

j.

Site Development Plan;

k.

Building Permit.

2.

Fees. The applicant is subject to the fees for each application.

3.

Consideration for Concurrent Applications. Consideration for each application shall remain in the appropriate sequence of development. Any application submitted concurrently is subject to the approval of all related applications. Denial or disapproval of any individual application from a group of concurrently submitted applications shall stop consideration of all subsequent applications, if such approval is necessary for the subsequent applications to proceed.

4.

Withdrawal of Individual Applications. An applicant may withdraw an individual application from a group of concurrently submitted applications. A withdrawal may stop consideration of subsequent applications if such application requires the approval of the withdrawn application.

J.

Application Continuances.

1.

Generally. An applicant may request a continuance of the application in writing prior to a public meeting, or on the record during the meeting prior to when a recommendation or decision is made. The Director may approve a continuance request if the request is made prior to the public posting of the public meeting or may choose to defer the decision of the continuance request to the administering body. A request for a continuance by an applicant after the public meeting has been posted or at the public meeting itself may be granted by the administering body upon a motion and decision of the body to table the agenda item.

2.

Costs Associated with Continuance. If the continuance was requested by the applicant, the applicant shall pay all additional costs associated with rescheduling and/or for re-notice of the proceeding.

K.

Expired and Stale Applications.

1.

Generally. Applications that become stale as set out in this Article shall be deemed expired and become immediately null and void and the City will subsequently close the application file. An expired application will end all claims to vesting pertaining to the expired application.

2.

Stale Applications. Applications for development approval must be diligently pursued by the applicant to remain active or otherwise face expiration for inactivity. An accepted application for which there has been no action taken by an applicant for a period of six months or more from the date of the last action shall be determined to be stale and processed as withdrawn by the applicant, causing the file to be closed. The Director shall notify the applicant in writing 30 days in advance of the pending closure and may allow the applicant additional time to act to continue pursuit of approval.

L.

Limit on Reapplications.

1.

Generally. If any application for permit or approval is denied by the final deciding authority, a substantially identical application shall not be filed within six months from the date of the denial, except as provided herein.

2.

Allowed Successive Reapplications. The decision-making body that rendered the final decision to deny may allow a successive reapplication within the six-month timeframe if the applicant can demonstrate:

a.

There are substantial changes to the circumstances relevant to the issues or facts considered during review of the prior application, or new or additional information is available that was not available at the time of the review of the prior application, that might reasonably affect the decision-making body's review of the application;

b.

The new application is substantially different than the prior application and has corrected any defects or substantive issues or addresses concerns or issues that were significant to the decision to deny the prior application; or

c.

The final decision on the application was based on a material mistake of fact.

3.

Successive Reapplication Procedures. An allowed successive reapplication shall be considered a new application and is subject to the application procedures and fees for a new application. Successive reapplications shall establish grounds warranting reconsideration of the application, including demonstrating how the new, additional, or changed information affects review of the application.

A.

Generally. This Section establishes general procedures for applications for permits or approvals that require a public hearing by the City Council or a City board or commission established in Division 11.1, Review and Decision-Making Authority. Procedures for each type of application requiring a public hearing are set out in the following sections of this Article.

B.

Public Hearings.

1.

Required Public Hearings. Applications that require a public hearing in accordance with state law or these regulations are identified in Table 11.2.2, Required Public Hearings, below:

(Ord. No. 2019-O-05A, § II.G.1, 5-21-2019)

A.

Generally. Public notice required by these regulations shall be provided pursuant to the requirements of this Section and applicable requirements of state law. The provisions herein are in addition to open meeting notice requirements established by state law and shall not exempt the City from meeting the notice requirements of all public meetings and hearings as required by the Home Rule Charter and Chapter 551, Open Meetings, of the Tex. Gov't Code.

B.

Required Public Notice. With regards to applications for permit or approval, notice of all public meetings and public hearings required by these regulations shall be provided as prescribed in Table 11.2.3, Required Public Notice, below:

C.

Responsibility of Required Public Notice. The Director shall determine responsible parties for all published and mailed notices as required by these regulations.

D.

Timing of Required Public Notice.

1.

Notice of a public meeting shall be posted in a place readily accessible to the general public at all times for at least 72 hours before the scheduled time of the meeting, except as provided by state law.

2.

Unless otherwise noted, public notices of a public hearing shall be published or mailed as required by these regulations at least 15 days in advance of the public hearing.

3.

If the notice requirement is not met in the required time frame, then the public hearing item shall be delayed until the notice requirement is met.

E.

Published Notice.

1.

A public notice shall be published at least once in the public newspaper of general circulation within the City, as designated by the City Manager.

2.

The notice shall contain information pursuant to Subsection 11.2.3.G, Content of Published and Mailed Notices, below.

F.

Mailed Notice.

1.

A written notice shall be sent to owners of record of real property within 200 feet of the boundary of the subject property.

2.

Measurements shall be taken from the boundary of the subject property or properties, inclusive of public streets.

3.

Such notice may be served by using the last known address as listed on the municipal tax roll and depositing the notice, postage paid, with the United States Postal Service (USPS).

4.

The notice shall contain information pursuant to Subsection 11.2.3.G, Content of Published and Mailed Notices, below.

G.

Content of Published and Mailed Notices. Published and mailed public notices shall include the following specific information:

1.

The general location of land that is the subject of the application;

2.

The legal description or street address;

3.

The type of application sought, including the specific nature or intent of the application;

4.

The time, date, and location of the public hearing;

5.

A phone number and email address to contact the City; and

6.

A statement that interested parties may appear at the public hearing.

A.

Generally. The City Council may, by ordinance, annex land into the City limits pursuant to the various processes of Chapter 43, Municipal Annexations, of the Tex. Local Gov't Code and the Home Rule Charter. This Section describes annexation proceedings deemed to be voluntary on the part of a property owner.

B.

Initiation of Voluntary Annexation. Voluntary annexation of land may be initiated by the submittal of an annexation petition application by the property owner(s) or their authorized representative.

C.

Application Requirements. The Director shall ensure that a completed application has been submitted by the applicant pursuant to Section 11.2.1, General Application Procedures, and includes the information and materials necessary for City Council to render an informed decision.

D.

Procedures. All proposed voluntary annexations shall follow the procedure set out in this Section.

1.

Staff Review. For each annexation application, the City Manager or designee shall review the application and prepare a findings report, which shall be presented to the City Council at a public meeting.

2.

City Council Review.

a.

In accordance with the annexation procedures prescribed by Chapter 43, Municipal Annexations, of the Tex. Local Gov't Code, the City Council shall hold the required public meetings. Notice of required public hearing shall be provided pursuant to Section 11.2.2, Public Hearings, and Section 11.2.3, Public Notice.

b.

After reviewing the annexation petition and holding the requisite public meetings, the City Council shall take final action by an affirmative vote of a majority of the body, to:

i.

Approve the annexation; or

ii.

Deny the annexation.

E.

Initial Zoning. Land brought into the City Limits through an annexation process shall be initially zoned to the Farm and Ranch (FR) district effective upon annexation, as set out in Section 2.1.3, Zoning of Annexed Land. It is intended that further rezoning of the land from the initial zoning district will be acted upon using the guidance of the Future Land Use Plan set out in the City's Comprehensive Plan.

F.

Effect of Approval. An affirmative approval of a voluntary annexation by the City Council, following the procedures set out in this Section, shall be in effect in the manner provided by the Home Rule Charter or state law.

A.

Generally. The City Council may, by ordinance, amend or change the boundaries of the existing zoning districts or change the district classification (rezone) of a property pursuant to this Section.

B.

Initiation of a Zoning Map Amendment. A Zoning Map Amendment may be initiated in one of the following ways:

1.

Application by the property owner(s);

2.

Motion and affirmative majority vote of the City Council; or

3.

Motion and affirmative majority vote of the Planning and Zoning Commission.

C.

Application Requirements. The Director shall ensure that a completed application has been submitted by the applicant pursuant to Section 11.2.1., General Application Procedures, and includes the information and materials necessary for City Council to render an informed decision.

1.

If the Zoning Map Amendment is related to another application, additional information and maps shall be submitted as required by those applicable regulations.

2.

If the Zoning Map Amendment is a proposed Planned Development District, a concept plan pursuant to Section 11.3.5, Concept Plan, a written development plan and exhibits, and other supplemental information shall be submitted as required in the submittal forms. Planned Development Districts shall meet the requirements set out in Division 4.4, Master Planned Communities and Planned Development Districts.

3.

For a Zoning Map Amendment initiated by the City Council or Planning and Zoning Commission, the application submittal shall be prepared by the Director pursuant to the intention of the motion, and no fee shall be required.

D.

Procedures. All proposed Zoning Map Amendment requests shall follow the procedures set out in this Section.

1.

Staff Review. For each Zoning Map Amendment request, the Director shall review the application considering the approval criteria established in Subsection 11.3.2.E, Review Criteria, below, and may refer the application to other departments as deemed necessary. The Director shall prepare a findings report, which shall be presented to the Planning and Zoning Commission and City Council at the same public meeting as the public hearing and may also provide a recommendation.

2.

Planning and Zoning Commission Review.

a.

The Planning and Zoning Commission shall hold a public hearing, pursuant to the requirements set out in Section 11.2.2, Public Hearings, and Section 11.2.3, Public Notice, on any Zoning Map Amendment prior to making its recommendation to City Council.

b.

The Planning and Zoning Commission may table its recommendation on the Zoning Map Amendment to continue a public hearing; to obtain additional information; or for further consideration. Such postponement of the final recommendation of a Zoning Map Amendment by the Planning and Zoning Commission may not exceed the second scheduled public meeting of the Planning and Zoning Commission following the initial decision to table.

c.

Following a public hearing, the Planning and Zoning Commission shall make a final recommendation to the City Council by an affirmative vote of a majority of the body to:

i.

Approve the Zoning Map Amendment; or

ii.

Deny the Zoning Map Amendment.

d.

The recommendation to the City Council shall be considered the final report as required by Section 211.007(b) of the Tex. Local Gov't Code. Failure of the Planning and Zoning Commission to make a recommendation and final report to the City Council shall be considered a recommendation for denial.

3.

City Council Review.

a.

The City Council shall hold a public hearing, pursuant to the requirements set out in Section 11.2.2, Public Hearings, and Section 11.2.3, Public Notice on any Zoning Map Amendment prior to making its decision.

b.

The City Council may refer the proposed Zoning Map Amendment back to Planning and Zoning Commission for further consideration; continue a public hearing; or table the action. A continuance, or postponement, of the final decision of a Zoning Map Amendment may not exceed 90 days.

c.

Following a public hearing, the City Council shall take final action by an affirmative vote of a majority of the elected body, to:

i.

Approve the Zoning Map Amendment; or

ii.

Deny the Zoning Map Amendment.

E.

Review Criteria—Zoning Map Amendments. In the review and consideration of a proposed Zoning Map Amendment, the Director, Planning and Zoning Commission, and City Council shall consider the following criteria:

1.

Consistency with Comprehensive Plan. The proposed zoning promotes the goals, objectives, and policies of the City's Comprehensive Plan and is consistent with the Future Land Use Plan, Thoroughfare Plan, and Sidewalk and Trail Corridor Opportunities Plan;

2.

Promotion of Public Health and Safety. The proposed zoning promotes the health, safety or general welfare of the City and the safe orderly, and healthful development of the City;

3.

Suitability of the District's Land Uses. The subject property is suitable for uses allowed by the proposed zoning district, and the allowed uses and development regulations of the proposed zoning are compatible with the development and conforming uses of nearby property and with the character of the neighborhood;

4.

Development Adequacy of the Property. The dimensions of the subject property are sufficient to comply with the development regulations of the proposed zoning district to reasonably accommodate the uses and development allowed by the proposed zoning district; and

5.

Adequate Infrastructure. The proposed zoning is consistent with the existing or planned provisions for streets, water, wastewater, and other public utilities or services to the subject property or area in which the subject property is located.

F.

Protests.

1.

Eligible Protests. For a legal protest against a proposed Zoning Map Amendment, a written instrument shall be filed with the City prior to the close of the public hearing that includes signatures from either:

a.

Persons owning 20 percent or more of the land area adjoining and within 200 feet of the area proposed for Zoning Map Amendment, but excluding land outside the City or the City's extra-territorial jurisdiction; or

b.

Persons owning 20 percent or more of the land area included within the proposed Zoning Map Amendment related to modifications to an approved Planned Development District.

2.

Effect on Decision. If an eligible protest against a proposed amendment is confirmed by the City prior to the close of the public hearing of the proposed Zoning Map Amendment, then approval of the Zoning Map Amendment shall require a three-fourths majority vote of the City Council.

G.

Effect of Approval. An affirmative approval of a Zoning Map Amendment by the City Council, following the procedures set out in this Section, shall be in effect in the manner provided by the Home Rule Charter or state law.

A.

Generally. The City Council may, by ordinance, create a Planned Development District as identified in Section 4.4.3, Planned Development Districts, and pursuant to the Zoning Map Amendment (Rezoning) requirements established in Section 11.3.2, Zoning Map Amendment (Rezoning) and the supplemental standards and procedures established herein.

B.

Application Requirements. The Director shall ensure that a completed application has been submitted by the applicant pursuant to Section 11.2.1, General Application Procedures, and includes the information and materials necessary for City Council to render an informed decision. The Director may require the submission of additional information as needed to meet the objectives of these requirements.

C.

Planned Development Regulating Documents. The ordinance adopting a Planned Development District becomes the regulating document and as such the following elements shall be required with an application for a Planned Development District in order to be considered complete:

1.

Statement of Purpose of Planned Development District. The ordinance granting a Planned Development District shall include a statement as to the purpose and intent of the Planned Development District granted therein.

2.

Development Plan. The ordinance granting a Planned Development District shall include a Development Plan identifying the terms and standards necessary for the development of the property, and shall contain at a minimum the following:

a.

The combination of permitted uses and associated special development standards within the district, including, but not limited to uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the City Council and Planning and Zoning Commission may deem appropriate.

b.

In the case where a base zoning district is identified as being modified, a specific list of modifications and reason for modification shall be cited.

c.

Graphical and narrative descriptions of use and design integration and compatibility should be utilized to facilitate understanding of the proposed regulations.

d.

One conventional zoning district as a base zoning district shall be selected to apply to all uses and development regulations wherever the proposed Planned Development District is silent or does not apply. Multiple base zoning districts may be selected to accommodate a mixture of land uses in different geographic areas.

3.

Conceptual Plan or Site Development Plan. In order to facilitate understanding of the proposed Planned Development District during the review and public hearing process, applications shall include either a Concept Plan for Conceptual Planned Developments, as set out in Section 11.3.5, Concept Plan, or Site Development Plan for Detailed Planned Developments, as set out in Section 11.5.3, Site Development Plan. The plans shall graphically demonstrate the applicant's intent for the development of the proposed Planned Development and compliance with this Section and Section 4.4.3, Planned Development Districts. These plans, if approved, shall be a component of the ordinance and regulate future development of the district. The Director shall clearly describe and publish such required information in a form or checklist.

D.

Procedures.

1.

The creation of a Planned Development District shall be considered a Zoning Map Amendment request and shall follow the regular procedures set out in Subsection 11.3.2.D, Procedures.

2.

Creation of lots for development of a Planned Development or property within a Planned Development shall follow the applicable procedures established in Division 11.4, Subdivision Permits and Approvals.

E.

Review Criteria. In the review and consideration of a proposed Planned Development District, the Director, Planning and Zoning Commission, and City Council shall consider that the Development Plan and Concept Plan for the district provide a framework for an enhanced land design and integration of uses and ensure that the proposal clearly exceeds the minimum standards of these regulations. As part of the consideration, the applicant shall provide the reason(s) as to why the proposed development cannot be accommodated by these regulations.

1.

Compliance with Applicable Criteria of Planned Development Districts. The Planned Development District shall comply with the criteria established in Section 4.4.3, Planned Development Districts.

2.

Consistency with the Comprehensive Plan. As the intent of the Planned Development District is to provide for use as well as design flexibility, any combination of uses may be considered for the district as long as each use is specifically identified along with any appropriate conditions or limitations of each. The elements of the proposed Planned Development District shall be consistent with and promote the goals of the Comprehensive Plan.

3.

Enhanced Project Design. It is the intent of these regulations to encourage outstanding project design for Planned Development Districts in order to implement the policies contained in the City's Comprehensive Plan. In exchange for greater flexibility in development of a project, Planned Development Districts are expected to develop to a standard that is greater than the regulatory standards applicable to non-Planned Development Districts. The following standards will be used to evaluate project design:

a.

The arrangement of all uses and improvements should reflect the natural capabilities and limitations of the site as well as the characteristics and limitations of adjacent property.

b.

Development must be compatible with the immediate environment of the site and neighborhood relative to architectural design; scale, bulk and building height; historical character; and disposition and orientation of buildings on the lot.

c.

Buildings, transportation improvements, and open space areas, must be arranged on the site so that activities are compatible with the neighborhood.

d.

Buildings, transportation improvements, open space, and landscaping, must be designed and arranged to produce an efficient, functionally organized, and cohesive development.

e.

Buildings, transportation improvements, open space and landscaping, must be in favorable relationship to the existing natural topography, natural vegetation and creeks, exposure to sunlight and wind, and long or scenic views.

f.

The project should preserve and enhance the natural character of the site and should be designed to reflect the existing topography and natural systems. Vegetative communities located in floodplains, existing tree stands and along steep slopes should be maintained as open areas and wildlife habitat. Creeks and streams should be preserved and enhanced as amenities.

g.

The project should preserve historic elements of the site, including features such as farm structures and dwellings, stone wells, entry features, windmills, or other features that illustrate the historic resources of the site.

h.

The project should be integrated with the City's open space network as described in the Parks and Open Space Plan of the Comprehensive Plan, including provision of a trail that would connect to the overall trail system of the City. Public or common uses and open space should be connected together to promote pedestrian usage. Utilization of open space should be enhanced through provision of amenities.

4.

Compatibility with Nearby Uses. The Planned Development District shall be compatible with nearby uses. Impacts to adjoining property shall be mitigated and where the development does not meet ordinance requirements, the application shall describe the mitigation measures being utilized to offset the requirements of the ordinance that are not being met.

5.

Impact on Traffic. The Planned Development District shall not create undue traffic congestion or a traffic hazard. At the time of the application for a Planned Development District, the City Engineer may require a Traffic Impact Analysis (TIA), pursuant to Subsection 6.2.1.D, Traffic Impact Analysis, to identify potential traffic impacts generated by the proposed Planned Development District. Such TIA must be approved by the City Council prior to or concurrently with the approval by the City Council of the Planned Development District. The TIA shall not be considered part of the Planned Development District Concept Plan or the Planned Development District ordinance, but may be used to condition the traffic circulation and controls, density or intensity of uses, or the timing, sequence, or phasing of development within the district based upon the existence of a supporting roadway network adequate to accommodate the traffic expected to be generated. The TIA shall be updated with each development within the Planned Development District at time of Site Development Plan submittal.

F.

Effect of Approval. An affirmative approval of a Planned Development District by the City Council, following the procedures set out in this Section, is considered a Zoning Map Amendment and shall be in effect in the manner provided by the Home Rule Charter or state law.

G.

Development of or in a Planned Development District. An approved Planned Development District shall regulate the use and development of property within the district boundaries, and all building permits and development requests shall be in accordance with the approved Planned Development District until it is amended by the City Council.

1.

No development shall begin and no building permit shall be issued for any land within a Planned Development District until a Site Development Plan is approved that is consistent with the Planned Development District ordinance, Concept Plan and associated development standards.

2.

The Planned Development District shall not modify the procedures of the application or approval process for development or building within the Planned Development District. Such processes shall follow and adhere to the normal procedures and requirements established by these regulations.

H.

Modifications and Amendments to Planned Development Districts. Revisions or modifications to adopted regulating documents of a Planned Development District shall be as follows:

1.

Concept Plan. Revisions or modifications to an approved Concept Plan shall be pursuant to Section 11.3.5, Concept Plans.

2.

Site Development Plan. Revisions or modifications to an approved Site Development Plan shall be pursuant to Section 11.5.3, Site Development Plan.

3.

Development Plan. Revisions or modifications to an approved Development Plan shall be pursuant to this Section.

I.

Expiration of Approved Planned Development Districts. Approval of a Planned Development District, including any Concept Plan, Site Development Plan, and development standards, shall expire if no progress toward completion of the project is made within 10 years following issuance of such approval by the City Council. Expiration of a particular approval or permit, or of the project as a whole will be determined in accordance with the requirements of Chapter 245 of the Texas Local Government Code.

J.

Revocation of Approved Planned Development Districts.

1.

Generally. The City Council may hear and consider an application to nullify an approved Planned Development District and any associated regulating documents.

2.

Property Owner Requests. The property owner may nullify an approved Planned Development District and any associated regulating documents by making an application for rezoning to the zoning district in place prior to the approval of the Planned Development District or to a new zoning district classification.

3.

City Initiated Revocations. The City may initiate a revocation by rezoning the property to the zoning district in place prior to the approval of the Planned Development District if it is determined that:

a.

The project has expired pursuant to Subsection 11.3.3.I, Expiration of Approved Planned Development Districts, above;

b.

The applicant misrepresented any material fact on the application or supporting materials;

c.

The project fails or ceases to comply with the applicable standards, criteria, or conditions of the Planned Development District ordinance;

d.

The Planned Development District violates its reversionary clause;

e.

The Planned Development District violates any statute, law, or regulation; or

f.

The Planned Development District constitutes a real or potential threat to the health, safety, or welfare of the public.

A.

Generally. A Conditional Use Permit is required to allow conditional uses as identified in Division 3.1, Land Uses by Zoning District.

B.

Initiation of Application. An application for a Conditional Use Permit may be filed by the property owner(s), or a person having a contractual interest in the subject property.

C.

Application Requirements. The Director shall ensure that a completed application has been submitted by the applicant pursuant to Section 11.2.1, General Application Procedures, and includes the information and materials necessary for City Council to render an informed decision.

D.

Procedures. All applications for a Conditional Use Permit shall follow the procedure set out in this Section.

1.

Staff Review. For each Conditional Use Permit request, the Director shall review the application considering the approval criteria established in Subsection 11.3.4.E, Review Criteria, below, and may refer the application to other departments as deemed necessary. The Director shall prepare a findings report, which shall be presented to the Planning and Zoning Commission and City Council at the same public meeting as the public hearing and may also provide a recommendation.

2.

Planning and Zoning Commission Review.

a.

The Planning and Zoning Commission shall hold a public hearing, pursuant to the requirements set out in Section 11.2.2, Public Hearings, and Section 11.2.3, Public Notice, on an application for a Conditional Use Permit prior to making its recommendation to City Council.

b.

Following a public hearing, the Planning and Zoning Commission shall make a final recommendation to the City Council by an affirmative vote of a majority of the body to:

i.

Approve the Conditional Use Permit;

ii.

Approve with conditions, pursuant to Subsection 11.3.4.F, Conditions of Approval, below; or

iii.

Deny the Conditional Use Permit.

f.

The Planning and Zoning Commission may table its recommendation to continue a public hearing; to obtain additional information; or for further consideration. Such postponement of the final recommendation of a Conditional Use Permit by the Planning and Zoning Commission may not exceed 40 days following the closing of a public hearing on the Conditional Use Permit.

g.

Failure of the Planning and Zoning Commission to make a recommendation to the City Council shall be considered a recommendation for denial.

3.

City Council Review.

a.

The City Council shall hold a public hearing, pursuant to the requirements set out in Section 11.2.2, Public Hearings, and Section 11.2.3, Public Notice, on any Conditional Use Permit prior to making its decision.

b.

The City Council may refer the application back to Planning and Zoning Commission for further consideration; continue a public hearing; or table the action. A continuance, or postponement, of the final decision of a Conditional Use Permit may not exceed 90 days.

c.

Following a public hearing, the City Council shall take final action by an affirmative vote of a majority of the body, to:

i.

Approve the Conditional Use Permit;

ii.

Approve with conditions; or

iii.

Deny the Conditional Use Permit.

E.

Review Criteria. In the review and consideration of a Conditional Use Permit, the Director, Planning and Zoning Commission and City Council shall consider the following criteria:

1.

Compliance with Zoning District Regulations. The conditional use shall comply with the purpose and intent and all applicable regulations of the zoning district in which it is located.

2.

Compliance with Applicable Criteria of the Conditional Use. The conditional use shall comply with the applicable criteria established in Section 3.2.1, Restricted and Conditional Uses.

3.

Impact on Public. The conditional use shall not endanger, be detrimental, or otherwise adversely affect the health, safety, and welfare of the public.

4.

Operation of Existing or Permitted Uses. The conditional use shall not impair the operation of existing or permitted uses on the subject property or on abutting properties or be injurious to property or improvements in the immediate area.

5.

Compatibility with Nearby Uses. The conditional use shall be compatible with nearby uses in the immediate area with respect to building height, bulk and scale, setbacks, open spaces, landscaping, site development, and access and circulation features.

6.

Provision of Public Infrastructure. The conditional use shall ensure adequate provision of streets, water, wastewater, and other public infrastructure and utilities.

7.

Consideration of Site Development. The site development of a conditional use shall effectively mitigate impacts of the conditional use on the surrounding area and abutting properties. This includes consideration of, but not limited to, drainage, landscaping, buffering and screening, traffic control, pedestrian and vehicle access and circulation, parking, loading areas, lighting, and any other impacts the use may have on the surrounding area.

F.

Conditions of Approval. Upon consideration of the review criteria, the Director and Planning and Zoning Commission may recommend, and the City Council may establish, conditions of approval as deemed necessary to ensure compatibility with surrounding uses and to preserve the public health, safety and welfare, and to promote compliance with the review criteria set out in Subsection 11.3.4.E, Review Criteria, above.

G.

Effect of Approval.

1.

An affirmative approval of a Conditional Use Permit by the City Council, following the procedures set out in this Section, shall be in effect in the manner provided by the Home Rule Charter or state law.

2.

A Conditional Use Permit granted pursuant to these provisions that has not expired, shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the Conditional Use Permit application.

H.

Modifications to Approved Conditional Use Permits. Once a Conditional Use Permit is approved, the project shall be built and operate in the manner specified as part of the Conditional Use Permit approval. Any modification shall require the submittal of a revised application for approval.

I.

Expiration of Conditional Use Permit.

1.

Expiration. An approved Conditional Use Permit shall expire if construction has not commenced or a Site Development Plan, building permit, or Certificate of Occupancy, as required, is not issued and construction begun within two (2) years of the approval of the Conditional Use Permit or submittal date of the most recently dated application for permit or approval.

2.

Extension. A Conditional Use Permit subject to expire may be extended by the Director for a period not to exceed one year, provided that the extension is requested prior to the expiration date.

3.

Discontinuance. A Conditional Use Permit shall expire one year following the discontinuation of the use for which the permit was approved and issued. Any legally established pre-existing conditional use that is not being used at the effective date of these regulations shall expire one (1) year following the effective date of these regulations, if at the expiration date the conditional use remains inactive.

J.

Revocation of Approved Conditional Use Permit. The City Council may revoke approval of a Conditional Use Permit if it is determined that:

1.

The applicant misrepresented any material fact on the application or supporting materials;

2.

The conditional use fails or ceases to comply with the applicable standards, criteria, or conditions for issuance of the permit;

3.

The operation of the conditional use violates any statute, law, or regulation; or

4.

The operation of the conditional use constitutes a real or potential threat to health, safety, or welfare to the public.

A.

Generally. A Concept Plan is a general plan for the development of property which demonstrates the nature of the parcel proposed for development to evaluate the impacts of the development on abutting uses and compliance with the City's long-range plans. A Concept Plan is not an individual application type but rather a required component of the following applications:

1.

Conditional Use Permit;

2.

Planned Development District; and

3.

Master Planned Community.

B.

Initiation of Concept Plan. A Concept Plan may be filed as a component of one of the application types in Subsection 11.3.5.A above by the property owner(s), a person having a contractual interest in the subject property, or their authorized representative.

C.

Concept Plan Requirements. The Director shall ensure that a completed application for which the Concept Plan is a component has been submitted by the applicant pursuant to Section 11.2.1, General Application Procedures, and includes the information and materials necessary for the Decision Maker as provided for in Section 11.1.16 to render an informed decision. In addition to the requirements necessary for review of the associated application, a Concept Plan must also include the following:

1.

Concept Plan Components. Concept Plans themselves are a component of an application intended to demonstrate compliance. As such, the Concept Plan shall include plans and documents that demonstrate compliance with the requirements of that application. This may include, but is not limited to, conceptual layout of the property, proposed layout of streets, blocks, drainage, general utilities, and other improvements and uses. The Director shall clearly describe and publish such required information for each application type in a form or checklist.

2.

Site Development Plan in lieu of Concept Plan. A Site Development Plan may be submitted with an application in lieu of a Concept Plan if the Director determines that the Site Development Plan demonstrates the intent of a Concept Plan.

D.

Review Criteria. In the review and consideration of a proposed Concept Plan, the Decision Maker shall consider the following criteria:

1.

Consistency with the City's Comprehensive Plan, Future Land Use Plan, Thoroughfare Plan, Sidewalk and Trail Corridor Opportunities Plan, and other applicable adopted City plans, regulations, policies, and technical manuals.

2.

Compliance with any approved and valid plat, zoning, and other agreement or ordinance applicable to the subject property.

3.

The impact of the development relating to the preservation and conservation of existing natural resources on the site and the impact on the natural resources of the abutting properties and neighborhood, including trees, environmentally-sensitive areas, watercourses and areas subject to flooding.

4.

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

5.

The provision of a safe and efficient vehicular and pedestrian circulation system, consistent with the Thoroughfare Plan and Sidewalk and Trail Corridor Opportunities Plan of the City and providing access for public safety.

6.

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

7.

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

E.

Effect of Approval. Any proposed use or development depicted on the Concept Plan shall not be deemed as formally authorized or approved by the City until a final Site Development Plan is approved for the development. The Concept Plan approval is a general acknowledgment by the City that the proposed development conforms to the City's zoning regulations and that it can be adequately served by required public facilities or services. The City's approval of a particular Concept Plan is approval of a specific project. Once a project is constructed in accordance with the Concept Plan, any use permitted in the zoning district (but not including conditional uses) is an authorized use within the project, unless such use or uses are expressly prohibited in the zoning ordinance approving the project.

F.

Amendments to Approved Concept Plans. Modifications to an approved Concept Plan shall be processed in the same manner as an amendment for the associated application for which the Concept Plan is a component.

G.

Expiration of Approved Concept Plans. Concept Plan approval shall expire as follows:

1.

The approval of a Concept Plan shall expire five (5) years after the approval date of the Concept Plan or five (5) years from the date of any subsequent approval in connection with the project if no progress towards completion of the project has occurred. Any Concept Plan that has an approval date that is prior to May 11, 2000 and that does not have an expiration date, and for which no progress has been made toward completion of the project as of May 11, 2000, is hereby deemed to have expired as of May 11, 2004 and shall no longer be considered as a valid project. Any other Concept Plan approval that does not have an expiration date, and where no progress towards completion of the project has occurred shall have expired on December 18, 2017.

2.

Extension Procedure.

a.

Prior to the expiration of an approved Concept Plan, the applicant may petition the City, in writing, to extend the plan approval. Such petition shall be considered at a public meeting before the Planning and Zoning Commission and an extension may be granted by the Planning and Zoning Commission. For a Concept Plan for a Master Planned Community, the Director may approve an extension not to exceed two (2) years. Any such extension must be approved prior to the expiration of the approval and if not approved then the Concept Plan will expire as set out in Subsection 11.3.5.G.1 above, unless the applicant demonstrates that progress toward completion of the project has occurred as set out in herein.

b.

In determining whether to grant a request for extension, the Planning and Zoning Commission shall take into account the requirements of Chapter 245 of the Texas Local Government Code and the reasons for the lapse, and the ability of the property owner to comply with any conditions attached to the original approval. The Planning and Zoning Commission shall either extend the approval of the Concept Plan or deny the request. The Planning and Zoning Commission may extend the approval subject to additional conditions as are necessary to ensure compliance with the original conditions of approval and to protect the public health, safety and welfare. The Planning and Zoning Commission may also specify a shorter time for extension of the approval than the original approval period.

A.

Generally. In accordance with Chapter 211, Municipal Zoning, and Chapter 213, Municipal Comprehensive Plans, of the Tex. Local Gov't Code, the Zoning Board of Adjustment shall have the authority to hear and grant requests for a variance from zoning requirements of these regulations in accordance with the procedures established in this Section.

B.

Applicability.

1.

Generally. The Zoning Variance is intended to provide relief from the terms of the zoning regulations when, because of special circumstances applicable to the property, the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity under identical zoning classification to ensure that any adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity in the district in which such property is situated. A Zoning Variance shall only be authorized for relief of zoning regulations that directly impact the undue hardship, such as setback dimensions, lot dimensions, floor area, structure height, building coverage, and lot coverage.

2.

Insufficient Grounds for Zoning Variance. The following conditions do not constitute sufficient grounds for granting a Zoning Variance:

a.

That the property be used for its highest and best use;

b.

A financial or economic hardship, if the property can be used within the requirements of these regulations;

c.

Self-created hardships; or

d.

That the development regulations are an inconvenience.

C.

Initiation of Application. An application for a Zoning Variance may be filed by the property owner(s), or a person having a contractual interest in the subject property, or their authorized representative.

D.

Application Requirements. The Director shall ensure that a completed application has been submitted by the applicant pursuant to Section 11.2.1, General Application Procedures, and includes the information and materials necessary for Zoning Board of Adjustment to render an informed decision.

E.

Procedures.

1.

Staff Review. For each Zoning Variance request, the Director shall review the application considering the approval criteria established in Subsection 11.3.5.E, Review Criteria, below, and may refer the application to other departments as deemed necessary. The Director shall prepare a findings report, which shall be presented to the Zoning Board of Adjustment at the same public meeting as the public hearing and may also provide a recommendation.

2.

Zoning Board of Adjustment Review.

a.

The Zoning Board of Adjustment shall hold a public hearing, pursuant to the requirements set out in Section 11.2.2, Public Hearings, and Section 11.2.3, Public Notice, on an application for a Zoning Variance prior to making its decision.

b.

After reviewing the Zoning Variance application and following a public hearing, the Zoning Board of Adjustment shall take final action by an affirmative vote of a three-fourths majority of the appointed body to:

i.

Approve the Zoning Variance;

ii.

Approve the Zoning Variance with conditions; or

iii.

Deny the Zoning Variance.

c.

The Zoning Board of Adjustment may table its recommendation to continue a public hearing; to obtain additional information; or for further consideration. Such postponement of the final decision of a Zoning Variance by Zoning Board of Adjustment may not exceed 40 days following the closing of a public hearing.

d.

Failure of the Zoning Board of Adjustment to make a decision shall deem the Zoning Variance denied.

F.

Review Criteria. In the review and consideration of a Zoning Variance application, the following criteria shall be considered:

1.

Hardship Shall Exist. The applicant shall show that, due to unique conditions of the property, compliance with the requirements of these regulations will create an undue hardship and will effectively prohibit or unreasonably restrict the use of the property. Such hardship shall be unique conditions of the property (e.g., size, shape, or topography) and not be self-created by the owner/operator.

2.

Compatibility of the Zoning Variance. The Zoning Variance shall be compatible with the City's Comprehensive Plan, the City's other long-range plans, abutting land uses, and the purpose and intent of these regulations. The Zoning Board of Adjustment shall take into account the nature of the existing or proposed use of the subject property, existing uses in the surrounding vicinity of the subject property, and the probable effect the Zoning Variance will have upon traffic conditions and upon health, safety, and welfare of the public.

3.

Limitations on Permitted Zoning Variance. The requested Zoning Variance shall focus on only what is necessary to relieve the undue hardship. The Zoning Variance shall not:

a.

Allow a use not otherwise permitted in the zoning district;

b.

Modify provisions of a restricted use or conditional use;

c.

Increase density above that which is permitted in the zoning district;

d.

Extend a nonconforming use of land; or

e.

Change the zoning boundaries of the Official Zoning Map.

4.

Impact on the Public. The Zoning Variance shall not be detrimental to the public health, safety, and welfare or injurious to other property in the area or to the City.

G.

Conditions of Approval. The Zoning Board of Adjustment may establish conditions of approval as deemed necessary to ensure compatibility with abutting uses and to preserve the public health, safety and welfare, and to promote compliance with the review criteria set out in Subsection 11.3.5.E, Review Criteria, above.

H.

Effect of Approval.

1.

A decision of the Zoning Board of Adjustment on a Zoning Variance shall become effective immediately.

2.

An affirmative decision on a Zoning Variance shall run with the land and shall continue to be valid upon a change of ownership of the site or structure to which it applies.

3.

In the case where a Zoning Variance is submitted in conjunction with another application, approval of the other application may be a condition of approval of the Zoning Variance.

I.

Expiration of Zoning Variance.

1.

Expiration. An approved Zoning Variance shall expire if construction has not commenced or a Site Development Plan, building permit, or Certificate of Occupancy, as required, is not issued and construction begun within one year of the approval of the Zoning Variance or submittal date of the most recently dated application for permit or approval.

2.

Extension. A Zoning Variance subject to expire may be extended by the Zoning Board of Adjustment for a period not to exceed 90 days, provided that the extension is requested prior to the expiration date.

J.

Revocation of Zoning Variance Approval. Upon violation of any applicable provision of the Zoning Variance approval, or if granted subject to conditions, upon failure to comply with conditions, the Zoning Board of Adjustment may suspend or revoke a Zoning Variance upon notification to the applicant of the use of property subject to the Zoning Variance.

A.

Generally. The city council shall have the authority to hear and grant requests for a Special Exception from certain provisions of nonconformities in accordance with the procedures established in this Section and in Article 12, Nonconformities.

B.

Applicability. Special Exceptions shall not be contrary to the public interest and the spirit of these regulations. No Special Exception shall be granted unless the city council finds the specific criteria identified in these regulations are met. The only Special Exception that may be granted by the city council are the following:

1.

Extension of the time period for determining abandonment of a nonconforming situation (Subsection 12.1.5.C).

2.

Expansion or enlargement of a legally nonconforming use (Section 12.2.3).

3.

The right to continue to operate a legally nonconforming use if the value of damage or destruction is 50 percent or more of the market value of the structure on the date of the damage (Section 12.2.4).

4.

The right to operate, occupy or maintain a legally nonconforming structure if the value of damage or destruction is 50 percent or more of the market value of the structure on the date of the damage (Section 12.3.3).

5.

Expansion of enlargement of nonconforming building or structures (Section 12.3.5).

6.

Expansion of nonconforming sites (Section 12.5.4).

7.

Continuation of nonconforming setbacks of site improvements (Section 12.5.5).

C.

Initiation of Application. An application for a Special Exception may be filed by the property owner(s), or a person having a contractual interest in the subject property, or their authorized representative.

D.

Application Requirements. The Director shall ensure that a completed application has been submitted by the applicant pursuant to Section 11.2.1, General Application Procedures, and includes the information and materials necessary for city council to render an informed decision.

E.

Procedures.

1.

Staff Review. For each Special Exception request, the Director shall review the application considering the approval criteria established in Subsection 11.3.7.F, Review Criteria, below, and may refer the application to other departments as deemed necessary. The Director shall prepare a findings report, which shall be presented to the city council at the same public meeting as the public hearing and may also provide a recommendation.

2.

City Council Review.

a.

The city council shall hold a public hearing, pursuant to the requirements set out in Section 11.2.2, Public Hearings, and Section 11.2.3, Public Notice, on an application for a Special Exception prior to making its decision.

b.

After reviewing the Special Exception application and following a public hearing, the city council shall take final action by an affirmative vote of a three-fourths majority of the appointed body to:

i.

Approve the Special Exception;

ii.

Approve the Special Exception with conditions; or

iii.

Deny the Special Exception.

c.

The city council may table its recommendation to continue a public hearing; to obtain additional information; or for further consideration. Such postponement of the final decision of a Special Exception by city council may not exceed 40 days following the closing of a public hearing on a Special Exception.

d.

Failure of the city council to make a decision shall deem the Special Exception denied.

F.

Review Criteria. The city council shall review the application pursuant to the criteria for the applicable Special Exception established in Article 12, Nonconformities.

G.

Conditions of Approval. The city council may establish conditions of approval as deemed necessary to ensure compatibility with abutting uses and to preserve the public health, safety and welfare, and to promote compliance with these regulations.

H.

Effect of Approval.

1.

A decision of the city council on a Special Exception shall become effective immediately.

2.

An affirmative decision on a Special Exception shall run with the land and shall continue to be valid upon a change of ownership of the site or structure to which it applies.

3.

In the case where a Special Exception is submitted in conjunction with another application, approval of the other application may be a condition of approval of the Special Exception.

I.

Expiration of Special Exception.

1.

Expiration. An approved Special Exception shall expire if construction has not commenced or a Site Development Plan, building permit, or Certificate of Occupancy, as required, is not issued and construction begun within one year of the approval of the Special Exception or submittal date of the most recently dated application for permit or approval.

2.

Extension. A Special Exception subject to expire may be extended by the city council for a period not to exceed 90 days, provided that the extension is requested prior to the expiration date.

J.

Revocation of Special Exception Approval. Upon violation of any applicable provision of the Special Exception approval, or if granted subject to conditions, upon failure to comply with conditions, the city council may suspend or revoke a Special Exception upon notification to the applicant of the use of property subject to the Special Exception.

(Ord. No. 2019-O-05A, § II.G.2, 5-21-2019)

A.

Generally. The City Council shall hear and render judgment on variances from the requirements of Division 5.2, Flood Damage Prevention.

B.

Application Requirements. The Director shall ensure that a completed application has been submitted by the applicant pursuant to Section 11.2.1, General Application Procedures, and includes the information and materials necessary for City Council to render an informed decision.

C.

Applicability. The applicability of this Section is subject to the following exceptions and limitations:

1.

The City Council shall hear and render judgment on a Floodplain Development Variance only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of these regulations.

2.

Floodplain Development Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this Section.

3.

Floodplain Development Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the historic structure's continued designation as a historic structure and the Floodplain Development Variance is the minimum necessary to preserve the historic character and design of the structure.

4.

Floodplain Development Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

D.

Prerequisites for Granting Floodplain Development Variances.

1.

Floodplain Development Variances shall only be issued upon a determination that the Floodplain Development Variance is the minimum necessary, considering the flood hazard, to afford relief.

2.

Floodplain Development Variances shall only be issued upon:

a.

Showing a good and sufficient cause;

b.

A determination that failure to grant the Floodplain Development Variance would result in exceptional hardship to the applicant; and

c.

A determination that the granting of a Floodplain Development Variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

3.

Floodplain Development Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

a.

The criteria outlined in Division 5.2, Flood Damage Prevention, are met; and

b.

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

E.

Review Criteria. Floodplain Development Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the prerequisites in Subsection 11.3.8.D, Prerequisites for Granting Floodplain Development Variances, have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the Floodplain Development Variance increases.

F.

Conditions of Approval. Upon consideration of the factors noted above and the intent of this Article, the City Council may attach such conditions to the granting of Floodplain Development Variances as it deems necessary to further the purpose and objectives of Division 5.2, Flood Damage Prevention.

G.

Notification. Any application to which a Floodplain Development Variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

H.

Annotation and Recordkeeping. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report Floodplain Development Variances to the Federal Emergency Management Agency upon request.

A.

Generally. The City Council may, by ordinance, amend, supplement, or change the text of these regulations pursuant to this Section.

B.

Initiation of a Text Amendment.

1.

Generally. A text amendment may be initiated by the City Council by an affirmative vote of the majority of the body.

2.

Petitions and Recommendations.

a.

The Director may recommend to the City Council an initiation of a text amendment.

b.

A citizen or property owner may petition the City Council to consider the initiation of a text amendment.

C.

Procedures. All proposed text amendments shall follow the procedures set out in this Section.

1.

Staff Review. For each text amendment, the Director shall prepare final draft language of the proposed text amendment that meets the approval criteria established in Subsection 11.3.9.D, Review Criteria, below, and may refer the application to other departments as deemed necessary. The Director shall prepare a findings report, which shall be presented to the Planning and Zoning Commission and City Council at the same public meeting as the public hearing and may also provide a recommendation.

2.

Planning and Zoning Commission Review.

a.

The Planning and Zoning Commission shall hold a public hearing, pursuant to the requirements set out in Section 11.2.2, Public Hearings, and Section 11.2.3, Public Notice, on any text amendment prior to making its recommendation to City Council.

b.

After reviewing the text amendment and following a public hearing, the Planning and Zoning Commission shall make a final recommendation to the City Council by an affirmative vote of a majority of the appointed body to:

i.

Approve the text amendment;

ii.

Approve the text amendment with stated modifications; or

iii.

Deny the text amendment.

c.

The recommendation to City Council shall be considered the final report as required by Section 211.007(b) of the Tex. Local Gov't Code. Failure of the Planning and Zoning Commission to make a recommendation and final report to the City Council, shall be deemed to be a recommendation of denial.

3.

City Council Review.

a.

The City Council shall hold a public hearing, pursuant to the requirements set out in Section 11.2.2, Public Hearings, and Section 11.2.3, Public Notice on any text amendment prior to making its decision.

b.

The City Council may refer the proposed amendment back to Planning and Zoning Commission for further consideration; continue a public hearing; or table the action.

c.

Following a public hearing, the City Council shall take final action by an affirmative vote of a majority of the body, to:

i.

Approve the text amendment;

ii.

Approve the text amendment with stated modifications; or

iii.

Deny the text amendment.

D.

Review Criteria. In the review and consideration of a proposed text amendment, the Director, Planning and Zoning Commission, and City Council shall consider the following criteria.

1.

Whether the proposed text amendment promotes the health, safety, and welfare of the City;

2.

Whether the proposed text amendment promotes the safe, orderly, and healthful development of the City; and

3.

Whether the proposed text amendment is consistent with the City's Comprehensive Plan and other long-range plans of the City.

E.

Effect of Approval. An affirmative approval of a text amendment by the City Council shall amend the text of these regulations in the manner provided by the Home Rule Charter or state law.

A.

Generally. This Section establishes the procedures and application requirements for all subdivision-related applications.

B.

Statutory Procedures.

1.

Approval Required. Before any land is filed for record with the county clerk, the property owner shall apply for and secure City Council approval of the required subdivision plat, in accordance with the following procedures, unless otherwise provided within these regulations.

a.

Minor subdivisions may be approved for residential or nonresidential properties. Minor Plat approval by the City Manager (or designee) requires the submission of a Final Plat drawing and other submission materials required by Section 11.4.4, Minor Plat. Lots may be conveyed or sold only when the plat has been approved by the City Manager and the plat has been filed with the appropriate county.

b.

Major subdivisions may be approved for residential or nonresidential properties. The procedure for approval of a major subdivision typically involves two (2) steps: Preliminary Plat and a Final Plat. Section 11.4.2, Preliminary Plat, and Section 11.4.3, Final Plat, provide the requirements for each. Major plat approval shall be in accordance with Section 11.4.2, Preliminary Plat, and Section 11.4.3, Final Plat. Upon completion of the required public improvements, or upon submission and City approval of the appropriate surety for public improvements, the property owner may submit the Final Plat for approval. All major subdivision plats shall be approved by the Planning and Zoning Commission, and in some cases, pursuant to Section 11.1.16, City Council, and pursuant to the applicable plat approval procedures established by these regulations. Lots may be sold only when the Final Plat has been approved and filed with the appropriate county. If the land is required to be platted, no conveyance or sale of any portion or lot of the property may occur until the Final Plat is approved and filed with the appropriate county.

2.

Zoning Requirements. A property within the City's corporate limits that is being proposed for platting or development shall be properly zoned by the City prior to submission of an application for approval of any plat.

a.

The proposed development layout or subdivision design shown on the proposed plat shall be in conformance with all standards and requirements prescribed in the City's zoning ordinance and these regulations.

b.

Noncompliance with the requirements of the zoning district in which the subject property is located, or lack of the proper zoning, shall constitute grounds for denial of the plat.

c.

In situations where the zoning on a particular piece of property cannot be ascertained by the City, the burden of proof regarding the property's zoning shall rest with the property owner. Proof of proper zoning shall consist of appropriate documentation, such as a copy of the ordinance establishing the zoning, which shall be reviewed by City officials as to its validity and authenticity.

3.

Comprehensive Plan. A plat submitted for a property located within the City's corporate limits or extraterritorial jurisdiction shall be in accordance with the City's Comprehensive Plan, including all adopted water, sewer, storm drainage, future land use, park, recreation, open space and thoroughfare plans.

4.

All plats shall be prepared by a licensed or registered professional land surveyor.

5.

Submission Procedures and City Review Process for All Types of Plats.

a.

Submission Timing.

i.

For the purpose of these regulations, the official "filed" date for any type of plat shall be the date upon which an application is determined to be administratively complete in accordance with Subsection 11.2.1.E, Determination of Administrative Completeness, after which the statutory period required for approval or disapproval of the plat shall commence. Plat applications which do not include all required information and materials required by the application form will be considered administratively incomplete, will not be accepted as "filed" by the City, and will not be scheduled on a Commission agenda until the proper information is provided to City officials.

ii.

An administratively complete plat application shall be received by the City at least twenty-four (24) calendar days, but no more than thirty (30) calendar days prior to the Commission meeting at which it is to be considered, unless the applicant waives the thirty-day requirement for action on the plat in writing. Due to state-mandated notification requirements, any residential Replat that requires public notification (see Section 11.4.6, Replat) shall be received by the City at least thirty (30) calendar days prior to the Commission meeting at which it is to be considered. Such Replat application shall also be accompanied by a written waiver of the thirty-day requirement for action on the plat due to timing constraints imposed by publication of the required notice in the City's official newspaper.

b.

Submission Materials. The Director shall ensure that an administratively complete application has been submitted by the applicant pursuant to Section 11.2.1, General Application Procedures, and includes the information and materials necessary for the Decision Maker to render an informed decision.

c.

Technical Review.

i.

Upon receipt of an administratively complete application, the City shall commence technical compliance review of the submitted plat. This may include a review by a development review committee, which may be designated by the City Manager.

ii.

Following technical review of the plat and supporting documents, City staff shall inform the applicant of any revisions deemed necessary for the plat to be determined to be technically complete, including the kind and extent of improvements to be installed.

iii.

The applicant shall submit a corrected version of the plat (and Construction Plans, if applicable) to the City no later than fourteen (14) calendar days prior to the Commission meeting for which it is scheduled. Failure to submit the corrected plat to the City at least fourteen (14) calendar days prior to the Commission meeting shall cause the plat application to be forwarded to the Commission as is without the necessary corrections.

iv.

A plat application shall not be deemed to be technically complete until staff has determined the plat and any supporting documents meet all applicable requirements of these regulations, are in compliance with any other applicable City or State requirements, and contain all required elements mandated by the Texas Local Government Code, Section 212.004(b). A plat application presented to the Commission prior to staff determining the plat to be technically complete shall be subject to denial.

v.

The applicant may request, in writing, a waiver of the thirty-day approval requirement in order to allow him or her more time to correct deficiencies, address concerns, or otherwise improve the plat pursuant to the City's regulations at any time prior to the Commission meeting at which the plat is scheduled for consideration. After receipt of the request, the City may delay action on the plat beyond thirty (30) calendar days following the date the application is deemed administratively complete.

d.

Action by the Commission and City Council.

i.

All subdivision plat applications (except Minor Plats and Amending Plats) shall be approved by the Decision Maker(s) if in complete conformance with the provisions of these regulations and with all other applicable regulations of the City.

ii.

The Decision Maker(s) shall review each plat application and shall take action to either approve the plat application, approve the plat application subject to certain conditions, or deny the plat application, within thirty (30) calendar days following the date the application was deemed administratively complete unless the applicant has submitted a written waiver of the thirty-day review/approval time pursuant to Subsection 11.4.1.B.5.c, Technical Review, above.

iii.

When the City Council is the Decision Maker for a particular application or permit under this section, it shall review and take action on the application or permit within thirty (30) calendar days following the Commission's action unless a shorter time is required by law. Affirmation of, or minor modifications to, the Commission's recommendation shall require a simple majority vote of the City Council members present and voting.

6.

Simultaneous Submission of Plats. In the event that an applicant submits Preliminary and Final Plat applications simultaneously, as provided in Subsection 11.2.1.I, Concurrent Applications, the City Manager (or designee) shall schedule both plat applications for action by the Commission within thirty (30) calendar days following the date the applications are deemed administratively complete, unless the applicant has executed a written waiver of the thirty-day review period for one or both plats. If the Preliminary Plat has not received approval by the Decision Maker prior to consideration of the Final Plat by the Decision Maker, then the Decision Maker shall deny the Final Plat application (unless withdrawn by the applicant) and such denial shall be final unless appealed to the City Council.

7.

Lapse of Plat Approval. The approval of any type of plat shall be effective for a period of two hundred and seventy (270) calendar days beyond the date that the plat was approved by the Decision Maker, except as otherwise provided herein. By 12:01 a.m. on the two hundred seventieth day following Decision Maker approval of the plat, the applicant shall have completed the next City-required "progress benchmark" as set forth below. If this is not accomplished, then the approved plat shall be deemed to have expired and shall become null and void and a new plat application (along with all other required paperwork, plans, fees, etc.) shall be submitted, reviewed and approved by the City in order to proceed with development of the property. The series of "progress benchmarks" for a project, pursuant to the provisions of this Section, are as follows in Table 11.4.1, Progress Benchmarks of Approved Plats or Plans, below:

8.

Extension Procedure.

a.

Prior to the lapse of approval for a plat, the property owner may request in writing to the City to extend the plat approval. Such petition shall be considered at a public meeting before the Decision Maker, which shall approve or deny the petition If no petition for extension of plat approval is submitted by the property owner prior to the expiration date, then the plat shall be deemed to have expired and shall become null and void.

b.

In considering whether to grant a request for extension, the Decision Maker shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which newly adopted subdivision regulations would apply to the plat at that point in time. The Decision Maker shall either extend the plat (either with or without conditions) or shall deny the request, in which instance the originally approved plat shall be deemed to be null and void. The property owner shall thereafter submit a new plat application for approval and shall conform to the subdivision regulations then in effect.

c.

The Decision Maker may extend the plat approval subject to additional conditions based upon newly enacted city regulations or state legislation, or such as are necessary to ensure compliance with the original conditions of approval or to protect the public health, safety and welfare. The Decision Maker may also specify a shorter time for extension of the plat than the original two hundred seventy-day approval period.

9.

Lapse of Approval of Construction Plans. The approved Construction Plans shall be valid for a period of three hundred and sixty-five (365) calendar days following approval by the City Engineer. The Decision Maker may, upon written request by the applicant, grant an extension of up to an additional three hundred and sixty-five (365) calendar days, after which the Construction Plans shall be subject to re-approval by the City Engineer if no construction has occurred. Construction Plans may be submitted after Preliminary Plat approval only with approval of the Director, but in no case shall be submitted later than one hundred eighty-three (183) calendar days of that approval.

A.

Generally. This Section establishes the procedures and application requirements for Preliminary Plats.

B.

Procedures.

1.

Generally. Following the pre-application meeting (as described in Section 11.2.1, General Application Procedures) regarding the overall general development strategy for the property, the applicant shall prepare a Preliminary Plat for the construction of the subdivision and all associated public improvements and other supplementary materials, as required by these regulations or by the City.

2.

Preliminary Plat Area.

a.

The Preliminary Plat shall constitute only that portion of the property or subdivision which the applicant proposes to construct and record provided, however, that such portion conforms to all the requirements of these regulations and with any other applicable regulations and codes of the City.

b.

A Preliminary Plat, shall include all contiguous property under the ownership or control of the applicant unless otherwise approved by the City Manager (or designee) and the Director. It may contain more than one (1) phase which, if so, shall be clearly identified.

3.

Concurrent Submittals Allowed. The applicant may choose to submit a Final Plat for review concurrently with the Preliminary Plat. In such case, the City may schedule concurrent review of both plats, provided that all required information and other items are submitted for both plats, including full Construction Plans and the appropriate assurances for the completion of all improvements, as per Division 6.4, Requirements for Acceptance of Subdivisions by the City of Marble Falls, and provided that adequate review can be achieved by the City. If the City, due to staff resources or other factors, cannot complete its review of both plats, and other associated materials, prior to the applicable Commission and, if applicable City Council meeting(s), then only the Preliminary Plat shall be considered for approval and the Final Plat shall be denied unless the thirty-day review requirement is waived in writing by the applicant.

4.

Effect of Approval. Approval of a Preliminary Plat by the Decision Maker shall be deemed general approval of the street and lot layout shown on the Preliminary Plat (approval for construction of the necessary streets, water lines, sewer lines, and other required improvements and utilities shall be authorized only through the City Engineer's approval of the Construction Plans), and to the preparation of the engineering drawings and Final Plat when construction of all required public improvements is nearing completion (or when appropriate surety for completion is provided to the City). Except as provided for herein, approval of the Preliminary Plat shall constitute conditional approval of the Final Plat when all conditions of approval and when all procedural requirements set forth in these regulations have been met, and when the Construction Plans have been approved and construction of all improvements (or surety provided) are satisfactorily completed.

5.

Standards for Approval. No Preliminary Plat shall be approved by the Decision Maker unless the following standards have been met:

a.

The plat substantially conforms to other studies and plans, as applicable;

b.

The layouts and Construction Plans for required public improvements and City utilities have been submitted by the applicant for approval by the City Engineer (whether specifically stated or not, Preliminary Plat approval shall always be subject to any additions or alterations to the Construction Plans as deemed necessary by the City Engineer, as needed, to ensure the safe, efficient and proper construction of public improvements within the subdivision); and

c.

The plat conforms to the Comprehensive Plan and to applicable zoning and other City regulations.

6.

Approval Required for Construction. No construction work shall begin on the proposed improvements in the proposed subdivision prior to approval of the Preliminary Plat and Construction Plans by the City, nor prior to issuance of all appropriate construction permits by the City and other appropriate entities or agencies. The applicant shall also provide copies of letters from applicable local utility companies stating that each utility company has reviewed the Preliminary Plat and stating any requirements, including easements, they may have. This requirement may be deferred until the Final Plat is submitted if such deferral request is submitted to the City in writing and approved by the Director prior to the Commission meeting at which the Preliminary Plat will be considered. No excavation, grading, tree removal or site clearing activities shall occur prior to approval of the Preliminary Plat and the Construction Plans. However, removal or clearing of brush, undergrowth or man-induced debris, may be authorized by the Director, at his or her discretion, if such request is submitted in writing by the property owner or developer, if such activities are in conformance with all applicable City ordinances and codes, and if such activities will not be detrimental to the public health, safety or general welfare.

7.

Construction Plans.

a.

With submittal of the Preliminary Plat application, the applicant shall submit the required number of sets of the complete Construction Plans for all streets, alleys (if any), storm sewers and drainage structures, water and sanitary sewer facilities, screening and retaining walls, landscaping and irrigation, and any other required public improvements for the area covered by the Preliminary Plat.

b.

The Construction Plans shall also contain any plans deemed necessary to show or document compliance with the City's ordinances pertaining to nonpoint source pollution control, and any other applicable codes and ordinances of the City that are related to development of a land parcel.

c.

Cost estimates for the completion of all public improvements shall also be submitted with the Construction Plans for review (and approval, if necessary) by the City Engineer.

d.

For the purposes of these regulations, complete sets of Construction Plans shall include those items listed on a form provided by the Director, as well as any additional plans or sheets deemed necessary and requested by the City Engineer.

e.

The applicant shall have the Construction Plans prepared by their own professional engineer(s), subject to approval of the Construction Plans by the City Engineer. The City Engineer (or designee) shall review, or cause to be reviewed, the Construction Plans and specifications and if approved, shall mark them "approved" and provide an approved copy to the applicant for use during construction. If not approved, then the deficiencies shall be noted (on the plans themselves and/or in memo format, a copy of which shall also be retained by the city) and returned to the applicant for correction, whereupon the applicant's engineer shall correct the plans as requested and shall resubmit them back to the City Engineer for re-review. A full set of the City-approved and stamped Construction Plans shall be available for inspection on the job site at all times.

f.

After approval of the Preliminary Plat by the Decision Maker, approval of the Construction Plans by the City Engineer, and following procurement of all applicable permits from other appropriate agencies (such as TxDOT, TCEQ, U.S. Army Corps of Engineers, FEMA and/or Burnet County), the applicant shall cause a contractor(s) to install or construct the public improvements in accordance with the approved plans and the City's standard specifications, and at the applicant's expense (also see Division 6.4, Requirements for Acceptance of Subdivisions by the City of Marble Falls). The applicant shall employ engineers, surveyors or other professionals as necessary to design, stake, supervise, perform and complete the construction of such improvements, and shall cause his or her contractor to construct the said improvements in accordance with these regulations and with the City's and any other applicable agency's design standards. If the project will require a FEMA map revision, then the proposed plans shall also be reviewed for compliance with the City's Flood Damage Prevention Code (Division 5.2, Flood Damage Prevention, as amended) prior to approval of the Preliminary Plat and prior to any construction activities (including, but not limited to, grading, clearing, grubbing, brush removal, etc.) on the site.

g.

Construction Plans shall be prepared by or under the direct supervision of a professional engineer licensed in the State of Texas, as required by state law governing such professions and in accordance with these regulations and the City's Technical Construction Standards and Specifications (TCSS). All Construction Plans submitted for City review shall be dated and shall bear the responsible engineer's registration number, his or her designation of "professional engineer" or "P.E.", and the engineer's seal. Construction Plans shall be approved by the City Engineer only when such plans meet all of the requirements of these regulations and the TCSS.

h.

As part of the Construction Plans, a drainage plan showing how the drainage of each lot relates to the overall drainage plan for the plat under consideration shall be submitted. The drainage plan shall be made available to each builder within the proposed subdivision and all builders shall comply with the drainage plan.

8.

Effect of Approval. Approval of a Preliminary Plat authorizes the property owner, upon fulfillment of all requirements and conditions of approval and upon construction of all required improvements (or submission of the proper assurances for construction of same, per Division 6.4, Requirements for Acceptance of Subdivisions by the City of Marble Falls), to submit an application for Final Plat approval (see Section 11.4.3, Final Plat).

9.

Revisions to Approved Preliminary Plat. It is generally recognized that minor revisions to the Preliminary Plat will probably be needed before the Final Plat is approved and filed at the county. Such minor revisions as slight enlargement or shifting of easements or lot lines, addition of private or franchise utility easements, correction of bearings or distances, correction of minor labeling errors, addition of erroneously omitted informational items and labels, etc. may occur on the Final Plat without having to re-approve the Preliminary Plat. Determination of whether or not revisions are "minor" in nature is subject to the judgment of the Director and City Engineer. Major revisions, such as obvious reconfiguration of lot lines or easements, relocation of driveways or access easements or fire lanes, any modification to the perimeter or boundary of the property, and relocation or addition or deletion of any public improvement (including corresponding easement), shall necessitate re-submission and re-approval of the plat as a "revised Preliminary Plat" unless otherwise approved by the Director and the City Engineer, as applicable. The procedures for such re-approval shall be the same as for a Preliminary Plat, and such re-approval shall constitute a new project thus necessitating submission of a new application form, payment of new fees, compliance with amendments to these regulations which occurred since original Preliminary Plat approval, and other requirements.

A.

Generally. This Section establishes the procedures and application requirements for Final Plats.

B.

Accordance with Preliminary Plat. The Final Plat shall be in accordance with the Preliminary Plat, as approved, and shall incorporate all applicable conditions, changes, directions and additions imposed by the Decision Maker upon the Preliminary Plat. The Final Plat shall not be approved by the Decision Maker until all utilities, infrastructure, and other required improvements have been constructed in conformance with City standards and the Construction Plans, as approved by the City Engineer, unless provisions are made for the completion of the improvements in accordance with Division 6.4, Requirements for Acceptance of Subdivisions by the City of Marble Falls. The Final Plat shall not be submitted prior to approval of the Preliminary Plat (see Subsection 11.4.1.B.6, Simultaneous Submission of Plats, for exception).

C.

Determination of Completion. Final Plat applications which do not include the required data, completed application form, submission fee, number of copies of the plat, record drawings, "Letter of Satisfactory Completion" (of the public improvements) from the City, and other required information, including documentation that all required public improvements have been constructed and installed in accordance with City standards, letters from utility companies verifying their easements, and submission of the proper assurances or escrow funds for the completion of the improvements (per Division 6.4, Requirements for Acceptance of Subdivisions by the City of Marble Falls) will be considered incomplete, and shall not be accepted for submission by the City, and shall not be scheduled on a Planning and Zoning Commission or City Council agenda until the proper information is provided to City staff.

D.

Standards for Approval. No Final Plat shall be approved by the Decision Maker unless the following standards have been met:

1.

The plat substantially conforms with the approved Preliminary Plat and other studies and plans, as applicable;

2.

The construction and installation of required public improvements and City utilities has been completed and the improvements have been accepted by the City as conforming to the City's regulations and design standards (or the proper assurances for construction of the improvements have been submitted and approved by the City, per Division 6.4, Requirements for Acceptance of Subdivisions by the City of Marble Falls); and

3.

The plat conforms to the Comprehensive Plan and to applicable zoning, subdivision and any other applicable codes or ordinances of the City that are related to development of a land parcel.

E.

Letter and Certification of Compliance. When all of the improvements are found to be constructed and completed in accordance with the approved plans and specifications and with the City's standards, and upon receipt by the City of Marble Falls of a maintenance bond or certificate of deposit in accordance with Division 6.4, Requirements for Acceptance of Subdivisions by the City of Marble Falls, of this Division from each contractor, three (3) sealed Sets of "As Built" (or "Record Drawing") plans and one (1) sealed set of "As-Built" or "Record Drawing" mylars and a digital copy of all plans (in a format as determined by the City) shall be submitted with a letter stating the contractor's compliance with these regulations, and bearing sealed certification by the design engineer that all public improvements have been constructed in substantial compliance with all City construction standards set forth in the TCSS and other applicable City design documents. After such letter and certification are received, the City Council shall receive and accept for the City of Marble Falls the title, use and maintenance of the improvements according to Division 6.4, Requirements for Acceptance of Subdivisions by the City of Marble Falls. The Final Plat shall not be approved or filed at the county prior to receipt of the above letter and certification and any other required items, nor prior to acceptance of the improvements by the City, except as provided for in this Division.

F.

Timing of Public Improvements.

1.

The Decision Maker may permit all or some of the public improvements to be installed, offered for dedication, or accepted by the City after approval of the Final Plat by the Decision Maker if there exists a compelling reason that is consistent with the public health, safety or welfare to do so (also see Division 6.4, Requirements for Acceptance of Subdivisions by the City of Marble Falls) and proper assurance is provided.

2.

The Decision Maker may permit or require the deferral of the construction of public improvements if, in its judgment, deferring the construction would not result in any harm to the public or would offer significant advantage in coordinating the site's development with adjacent properties and off-site public improvements. The deferred construction of any required public improvement(s) shall be approved by the Decision Maker at the time of Preliminary Plat approval, and the necessary assurances for completion of the improvements, in accordance with Division 6.4, Requirements for Acceptance of Subdivisions by the City of Marble Falls, shall be a stipulation, or condition, of approval of the Preliminary or Final Plat, as appropriate.

3.

If the Decision Maker does not require that all public improvements be installed, offered for dedication, or accepted by the City prior to approval of the Final Plat, the applicant shall provide assurances or security for the completion of the improvements or escrowed funds, as provided in Division 6.4, Requirements for Acceptance of Subdivisions by the City of Marble Falls.

G.

Effect of Approval. Approval of a Final Plat authorizes the property owner, upon fulfillment of all requirements and conditions of approval and upon completion of construction of all required improvements (or submission of the proper assurances for construction of same, per Division 6.4, Requirements for Acceptance of Subdivisions by the City of Marble Falls), to submit the final copies, or mylars, of the plat for filing at the appropriate county. Lots may be sold only when the Final Plat has been approved by the Decision Maker, and the plat has been filed with the county. No conveyance or sale of any portion or lot of the property may occur until after the Final Plat is approved by the Decision Maker and filed at the county.

H.

Revisions to Approved Final Plat Prior to Filing at the County. Occasionally, minor revisions are needed before the Final Plat can be filed at the county. Such minor revisions as correction of bearings or distances, correction of minor labeling errors, addition of erroneously omitted informational items and labels, etc. may occur on the Final Plat prior to filing it without having to receive re-approval the Final Plat. Determination of whether or not revisions are "minor" in nature is subject to the judgment of the Director and City Engineer. Major revisions, such as obvious corrections or reconfiguration of lot lines or easements, relocation of driveways or access easements or fire lanes, any modification to the perimeter or boundary of the property, and relocation or addition or deletion of any public improvement (including corresponding easement), shall necessitate re-submission and re-approval of the plat as a "revised Final Plat" unless otherwise approved by the Director and the City Engineer, as applicable. The procedures for such re-approval shall be the same as for a Final Plat, and such re-approval may constitute a new project thus necessitating submission of a new application form, payment of new fees, compliance with amendments to these regulations which occurred since original Final Plat approval, and other requirements.

I.

Filing the Final Plat at the County. Subsequent to Final Plat approval by the Decision Maker, the applicant shall return copies of the Final Plat, as approved, along with any other required documents and necessary fees, to the Director within thirty (30) calendar days following approval, in accordance with requirements established by the City. All easements shall be included on the Final Plat, including the recording information for those easements that are filed or recorded as separate instruments, as required by utility companies and the City of Marble Falls prior to filing the Final Plat, and a copy of letters from each applicable utility company shall be submitted to the City Manager (or designee), and a copy of same shall be submitted to the Director and the City Engineer, stating that the plat contains the proper easements. All necessary filing materials as required by the county clerk of the appropriate county, in addition to the appropriate number of mylar copies and a digital copy of the plat file(s) required by the City Manager (or designee), shall be returned to the Director with the required filing fees. If the required copies and materials are not returned to the City within the specified thirty-day time frame, the approval of the Final Plat shall be null and void unless an extension is granted by the Decision Maker. The City secretary shall cause the Final Plat to be filed at the office of the county clerk within thirty (30) calendar days following receipt of all filing materials, including filing fees.

A.

Generally. This Section establishes the procedures and application requirements for Minor Plats.

B.

Application and Procedural Requirements. A Minor Plat shall meet all of the informational and procedural requirements set forth for a Final Plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required submission fee (per the City's current fee schedule), and a certificate or some other acceptable form of verification from the appropriate appraisal district showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Subsection 11.2.1.H, Payment of All Indebtedness Attributable to a Specific Property. A copy of all application materials for a Minor Plat shall be submitted to the Director for review in the same manner as for a Final Plat, or the application shall be deemed incomplete.

C.

Criteria for Approval. The Director may approve a Minor Plat, or may, for any reason, elect to present the Minor Plat to the Planning and Zoning Commission for consideration and approval. Any decision made on the Minor Plat by the Director shall be approval of the plat. Should the City Manager (or designee) refuse to approve the Minor Plat, then the plat shall be referred to the Planning and Zoning Commission for approval within the time period required by state law.

D.

Notice and Public Hearing Not Required for Minor Plat. Notice, a public hearing, and the approval of other lot owners are not required for the approval a Minor Plat.

E.

Document Title. The Minor Plat shall be entitled and clearly state that it is a "Minor Plat."

F.

Filing Minor Plats at the County. The Minor Plat shall be filed at the county in the same manner as prescribed for a Final Plat, and approval of a Minor Plat shall expire if all filing materials are not submitted to the City and if the plat is not filed at the county within the time periods specified for a Final Plat.

A.

Generally. This Section establishes the procedures and application requirements for Development Plats.

B.

Authority. This Section is adopted pursuant to the Texas Local Government Code, Chapter 212, Subchapter B, and Sections 212.041 through 212.050, as amended.

C.

Applicability. For purposes of this Section, the term "development" means the construction of any building, structure or improvement of any nature (residential or nonresidential), or the enlargement of any external dimension thereof. This Section shall apply to any land lying within the City or within its extraterritorial jurisdiction in the following circumstances:

1.

The development of any tract of land which has not been platted or replatted prior to the effective date of these regulations, unless expressly exempted herein; or

2.

The development of any tract of land for which the property owner claims an exemption from the City's subdivision ordinance, including requirements to Replat, which exemption is not expressly provided for in such regulations; or

3.

The development of any tract of land for which the only access is a private easement or street; or

4.

The division of any tract of land resulting in parcels or lots each of which is greater than five (5) acres in size, and where no public improvement is proposed to be dedicated or constructed.

D.

Exceptions. No Development Plat shall be required, where the land to be developed has received Final Plat or Replat approval prior to the effective date of these regulations. The City Council may, from time to time, exempt other development or land divisions from the requirements of this Section.

E.

Prohibition on Development. No development shall commence, nor shall any Building Permit, utility connection permit, electrical connection permit or similar permit be issued, for any development or land division subject to this Section, until a Development Plat has been approved by the Decision Maker and submitted to the City for filing at the county. Notwithstanding the provisions of this Section, the City shall not require Building Permits or otherwise enforce the City's building code in the City's extraterritorial jurisdiction in relation to any Development Plat required by this subdivision ordinance.

F.

Standards of Approval. The Development Plat shall not be approved until the following standards have been satisfied:

1.

The proposed development conforms to all City plans, including but not limited to, the Comprehensive Plan, utility plans and applicable capital improvements plans;

2.

The proposed development conforms to the requirements of the zoning (if located within the City's corporate limits) and subdivision regulations of this Code;

3.

The proposed development is adequately served by public facilities and services, parks and open space in conformance with City regulations;

4.

The proposed development will not create a safety hazard on a public roadway (such as by not providing adequate on-site parking or vehicle maneuvering space for a restricted-access/gated entrance);

5.

Appropriate agreements for acceptance and use of public dedications to serve the development have been tendered; and

6.

The proposed development conforms to the design and improvement standards contained in these regulations and in the City's TCSS, and to any other applicable codes or ordinances of the City that are related to development of a land parcel.

G.

Conditions. The Decision Maker may impose such conditions on the approval of the Development Plat as are necessary to assure compliance with the standards in Subsection 11.4.5.F, Standards of Approval, above.

H.

Approval Procedure. The application for a Development Plat shall be submitted to the City in the same manner as a Final Plat (see Section 11.4.2, Preliminary Plat, and Section 11.4.3, Final Plat), and shall be approved, conditionally approved, or denied by the Decision Making Authority in a similar manner as a Final Plat. Upon approval, the Development Plat shall be filed at the county by the Director in the same manner as prescribed for a Final Plat (see Section 11.4.3, Final Plat), and approval of a Development Plat shall expire if all filing materials are not submitted to the City Manager (or designee) and if the plat is not filed at the county within the time periods specified for a Final Plat.

I.

Submittal Requirements.

1.

In addition to all information that is required to be shown on a Final Plat, a Development Plat shall:

a.

Be prepared by a registered professional land surveyor;

b.

Clearly show the boundary of the Development Plat;

c.

Be accompanied by a Site Development Plan showing each existing or proposed building, structure or improvement or proposed modification of the external configuration of the building, structure or improvement involving a change therein (the Site Development Plan shall also show all other Site Development Plan items as required by these regulations for informational purposes);

d.

Show all easements and rights-of-way within or adjacent to the Development Plat; and

e.

Be accompanied by the required number of copies of the plat, a completed application form, the required submission fee (per the City's current fee schedule), and a certificate or some other form of verification from the appropriate appraisal district showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Subsection 11.2.1.H, Payment of All Indebtedness Attributable to a Specific Property.

2.

A copy of all application materials for a Development Plat shall be simultaneously submitted to the Director for review in the same manner as for a Final Plat, or the application shall be deemed incomplete.

A.

Generally. This Section establishes the procedures and application requirements for a Replat.

B.

Replat Required. Unless otherwise expressly provided for herein, a property owner who proposes to replat any portion of an already approved and filed Final Plat, other than to amend or vacate the plat, shall first obtain approval for the Replat under the same standards and by the same procedures prescribed for the Final Platting of land by this Division. All improvements shall be constructed in accordance with the same requirements as for a construction or Final Plat, as provided herein.

C.

Replatting Without Vacating Preceding Plat. A Replat of a Final Plat or portion of a Final Plat may be recorded and is controlling over the preceding plat without vacation of that plat if the Replat:

1.

Is signed and acknowledged by only the owners of the property being replatted;

2.

Is approved, after a public hearing (if required by state law) on the matter at which parties in interest and citizens have an opportunity to be heard, by the Planning and Zoning Commission and by the City Council; and

3.

Does not attempt to amend or remove any covenants or restrictions previously incorporated in the Final Plat.

D.

Previous Requirements or Conditions of Approval Which are Still Valid. In addition to compliance with Subsection 11.4.6.C, Replatting Without Vacating Preceding Plat, above, a Replat without vacation of the preceding plat shall conform to the requirements of this Section if:

1.

During the preceding five (5) years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two (2) residential units per lot; or

2.

Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two (2) residential units per lot.

E.

Notice of Public Hearing. Notice of the public hearing required under Subsection 11.4.6.C, Replatting Without Vacating Preceding Plat, above shall be given before the fifteenth calendar day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in Burnet County. Notice of the public hearing shall also be given by written notice before the fifteenth calendar day before the date of the hearing, with a copy or description of any requested waivers/suspensions, sent to the property owners, as documented on the most recently approved ad valorem tax roll of the City, of lots that are in the original subdivision and that are within two hundred (200) feet of the lot(s) to be replatted. In the case of a subdivision in the extraterritorial jurisdiction, the most recently approved county tax roll shall be used. The written notice may be delivered by depositing the notice, properly addressed with appropriate postage paid, in a post office or postal depository within the boundaries of the City.

F.

Protest of Replatting. If the property owner(s) of twenty (20) percent or more of the total land area of lots to whom notice is required to be given under Subsection 11.4.6.C, Replatting Without Vacating Preceding Plat, above file with the City a written protest of the replatting before or at the public hearing, or if the Replat requires a waiver/suspension as defined in Section 11.4.8, Subdivision Waiver and Suspension, then approval of the Replat will require the affirmative vote of at least three-fourths (¾) of the full City Council. For a legal protest, written instruments signed by the owners of at least twenty (20) percent of the total land area of the lots or land immediately adjoining the area covered by the proposed Replat and extending two hundred (200) feet from that area, but within the original subdivision, shall be filed with the City prior to the close of the public hearing. In computing the percentage of land area subject to the "20% rule" described above, the area of streets and alleys shall be included.

G.

Exception. Compliance with Subsection 11.4.6.D, Previous Requirements or Conditions of Approval Which are Still Valid, above is not required for approval of a Replat for any part of a preceding plat if the area to be replatted was designated or reserved for other than single- or two-family (i.e., duplex) residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. For example, for a Replat involving nonresidential property, a public hearing shall be held, pursuant to Subsection 11.4.6.C, Replatting Without Vacating Preceding Plat, above, but notice of the hearing does not have to appear in the newspaper and written notices do not have to be mailed to individual property owners within two hundred (200) feet of the subject property.

H.

Requirement to Include Original Subdivision and Lot Boundaries. Any Replat which adds or deletes lots shall include the original subdivision and lot boundaries. If a Replat is submitted for only a portion of a previously platted subdivision, the Replat shall reference the previous subdivision name and recording information and shall state on the Replat the specific lots which have changed along with a detailed "purpose for Replat" statement.

I.

Public Hearing Not Required for Replat of Vacated Plat. If the previous plat is vacated as prescribed in Section 212.013 of the Texas Local Government Code, as amended, and as provided in Section 11.4.9, Plat Vacation, a public hearing is not required for a Replat of the area vacated. It would, instead, be submitted as a "Final Plat" and reviewed accordingly.

J.

Replat of Subdivisions. The Replat of the subdivision shall meet all the requirements for a Final Plat for a new subdivision that may be pertinent, as provided for herein.

K.

Document Title. The title shall identify the document as a "Final Plat" of the "_______ Addition, Block _______, Lot(s) _______, Being a Replat of Block _______, Lot(s) _______ of the ______________ Addition, an addition to the City of Marble Falls, Texas, as recorded in Volume/Cabinet _______, Page/Slide _______ of the Plat Records of Burnet County, Texas".

L.

Application Submittal.

1.

An application submittal for a Replat shall be the same as for a Final Plat and shall be accompanied by the required number of copies of the plat, a completed application form, the required submission fee (per the City's current fee schedule), and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Subsection 11.2.1.H, Payment of All Indebtedness Attributable to a Specific Property.

2.

A copy of all application materials for a Replat shall be simultaneously submitted to the Director for review in the same manner as for a Final Plat, or the application shall be deemed incomplete.

M.

Filing Replat at the County. The Replat shall be filed at the county in the same manner as prescribed for a Final Plat, and approval of a Replat shall expire if all filing materials are not submitted to the Director, and if the Replat is not filed at the county within the time periods specified for a Final Plat.

A.

Generally. This Section establishes the procedures and application requirements for Amending Plats.

B.

Submission and Procedural Requirements. Other than noted, the procedure for approval of plat amendment(s) shall be the same as in Section 11.4.3, Final Plat. An Amending Plat shall meet all of the informational and procedural requirements set forth for a Final Plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required submission fee (per the City's current fee schedule), and a certificate or some other acceptable form of verification from the appropriate appraisal district showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Subsection 11.2.1.H, Payment of All Indebtedness Attributable to a Specific Property. A copy of all application materials for an Amending Plat shall be submitted to the Director for review in the same manner as for a Final Plat, or the application shall be deemed incomplete.

C.

Criteria for Approval. The Director may approve an Amending Plat, which may be recorded and is controlling over the preceding or Final Plat without vacation of that plat if the Amending Plat is signed by the applicants only and if the Amending Plat is for one (1) or more of the purposes set forth in this Section. The procedures for Amending Plats shall apply only if the sole purpose of the Amending Plat is to:

1.

Correct an error in a course or distance shown on the preceding plat;

2.

Add a course or distance that was omitted on the preceding plat;

3.

Correct an error in a real property description shown on the preceding plat;

4.

Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;

5.

Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;

6.

Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats;

7.

Correct an error in courses and distances of lot lines between two adjacent lots if:

a.

Both lot owners join in the application for amending the plat;

b.

Neither lot is abolished;

c.

The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and

d.

The amendment does not have a material adverse effect on the property rights of the owners in the plat;

8.

Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;

9.

Relocate one (1) or more lot lines between one (1) or more adjacent lots if:

a.

The owners of all those lots join in the application for Amending the plat;

b.

The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and

c.

The amendment does not increase the number of lots; or

10.

To make necessary changes to the preceding plat to create six (6) or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:

a.

The changes do not affect applicable zoning and other regulations of the City;

b.

The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and

c.

The area covered by the changes is located in an area that the Planning and Zoning Commission has approved, after a public hearing, as a residential improvement area.

D.

Consideration by Planning and Zoning Commission. The City Manager (or designee) may, at his or her discretion and for any reason, elect to present the Amending Plat to the Planning and Zoning Commission for consideration and approval. Any decision made on the Amending Plat by the Director shall be approval of the plat. Should the City Manager (or designee) refuse to approve the Amending Plat, then the plat shall be referred to the Commission for approval, within the time period required by state law.

E.

Notice and Public Hearing Not Required for Amending Plat. Notice, a public hearing, and the approval of other lot owners are not required for the approval and issuance of an Amending Plat.

F.

Document Title. The Amending Plat shall be entitled and clearly state that it is an "Amending Plat". It shall also state the specific lots affected or changed as a result of the Amending Plat and shall include the original subdivision plat boundary. All references to "Final Plat" or "Replat" shall be removed.

G.

Filing Amending Plats at the County. The Amending Plat shall be filed at the county in the same manner as prescribed for a Final Plat, and approval of an Amending Plat shall expire if all filing materials are not submitted to the City, and if the plat is not filed at the county within the time periods specified for a Final Plat.

A.

General. Where the Planning and Zoning Commission (also see Subsection 11.4.8.C, Procedures, below) finds, that undue hardships will result from strict compliance with a certain provision(s) of these regulations, or where the purposes of these regulations may be served to a greater extent by an alternative proposal, the Commission may approve a waiver/suspension from any portion of the subdivision regulations as prescribed in Article 6, Subdivision Design and Land Development, so that substantial justice may be done and the public interest is secured, provided that the waiver/suspension shall not have the effect of nullifying the intent and purpose of these regulations, and further provided that the Planning and Zoning Commission shall not approve a waiver/suspension unless it shall make findings based upon the evidence presented to it in each specific case that:

1.

Granting the waiver/suspension will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver/suspension will not prevent the orderly subdivision of other property in the vicinity;

2.

The conditions upon which the request for a waiver/suspension is based are unique to the property for which the waiver/suspension is sought, and are not applicable generally to other property;

3.

Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular hardship to the property owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out;

4.

The waiver/suspension will not in any manner vary the provisions of the zoning regulations or Comprehensive Plan or any other adopted plan(s) or ordinance(s) of the City;

5.

An alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein.

B.

Criteria for Waivers/Suspensions from Development Exactions. Where the Planning and Zoning Commission finds that the imposition of any development exaction pursuant to the regulations prescribed in Article 6, Subdivision Design and Land Development, exceeds reasonable benefit to the property owner, or is so excessive as to constitute confiscation of the tract to be platted, it may approve a full or partial, at its discretion, waiver/suspension to such requirements, so as to prevent such excess.

C.

Procedures.

1.

A petition for a waiver/suspension shall be submitted in writing by the property owner before the plat is submitted for the consideration of the Planning and Zoning Commission. The petition shall state fully the grounds for the application, and all of the facts relied upon by the petitioner.

2.

Where a hardship is identified during Preliminary Plat plan review pursuant to these regulations which requires issuance of a waiver/suspension from a provision in these regulations, the Commission may approve a conditional (or temporary) waiver/suspension from that provision in conjunction with the Preliminary Plat approval Any waiver or suspension denied by the Planning and Zoning Commission may be appealed and shall require a three-fourths (¾) majority for approval by the City Council.

3.

Such findings of the Planning and Zoning Commission, and if appealed the City Council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Planning and Zoning Commission and as applicable City Council meeting at which a waiver/suspension is considered. A waiver/suspension from any provision of these regulations may be granted only when in harmony with the general purpose and intent of these regulations so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the property owner or developer, standing alone, shall not be deemed to constitute undue hardship.

D.

Criteria for Waivers/Suspensions for Street Exactions. Where the Planning and Zoning Commission finds that the imposition of any dedication or construction requirement for streets pursuant to these regulations exceeds reasonable benefit to the property to be platted, it may approve waivers/suspensions for such requirements so as to prevent such excess. In order to qualify for a waiver/suspension under this Section, the property owner shall demonstrate that the costs of right-of-way dedication and construction of other than streets classified as local streets imposed pursuant to these regulations substantially exceeds the incremental costs of providing land and transportation improvements necessary to offset the additional traffic impacts generated by, or attributable to, the development upon the transportation network serving the property, including that which may be generated by or attributed to other phases to be platted in the future.

E.

Conditions. In approving a waiver/suspension, the Planning and Zoning Commission and City Council as applicable may require such conditions as will, in its judgment, secure substantially the purposes described in Section 6.1.1, Subdivision of Property.

A.

Generally. This Section establishes the procedures and application requirements for vacating a plat.

B.

By Property Owner. The property owner of the tract covered by a plat may vacate, upon approval by the Planning and Zoning Commission, the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat (instrument language is available from the City, upon request).

C.

By All Lot Owners. If some or all of the lots covered by the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat.

D.

Criteria. The Planning and Zoning Commission may approve the petition for vacation on such terms and conditions as are in accordance with Section 212.013 of the Texas Local Government Code (as amended), and as are reasonable to protect the public health, safety and welfare. As a condition of vacation of the plat, the Planning and Zoning Commission may direct the petitioners to prepare and seek approval of a revised Final Plat in accordance with these regulations such that the property does not become "unplatted."

E.

Effect of Action. On the execution and recording of the vacating instrument, the vacated plat shall have no effect. Regardless of the Commission's action on the petition, the property owner will have no right to a refund of any monies, fees or charges paid to the City nor to the return of any property or consideration dedicated or delivered to the City except as may have previously been agreed to by the Commission.

F.

City-Initiated Plat Vacation.

1.

General Conditions. The City Council, on its motion, may vacate the plat of an approved subdivision or addition when:

a.

No lots within the approved plat have been sold within five (5) years following the date that the plat was signed by the City;

b.

The property owner has breached an improvement agreement and the City is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by property owner or its successor; or

c.

The plat has been of record for more than five (5) years and the City determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety or welfare, except that the vacation shall apply only to lots owned by the property owner or its successors.

2.

Procedure. The Commission shall approve, the Plat Vacation only if the criteria and conditions cited above are satisfied.

3.

Record of Plat Vacation. If the Planning and Zoning Commission approves vacating a plat, the Director shall cause a copy of the Plat Vacation instrument to be recorded in the office of the county clerk along with an exhibit showing a drawing of the area or plat vacated. The county clerk shall write legibly on the vacated plat the word "vacated" and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded. If the Planning and Zoning Commission vacates only a portion of a plat, it shall cause a revised Final Plat drawing to also be recorded which shows that portion of the original plat that has been vacated and that portion that has not been vacated. On the execution and recording of the vacating instrument the vacated plat (or the vacated portion of the plat) has no effect.

A.

Generally. A Land Disturbance Permit is intended to control erosion and sedimentation runoff and protect the natural topography and vegetation of land, including natural drainage conditions, protected trees, and significant tree stands.

B.

Applicability. A Land Disturbance Permit is required for parcels proposed for development in the City limits and extraterritorial jurisdiction when any of the following, but not limited to the following, exist:

1.

Any excavation, fill, or land disturbing activity greater than two feet in depth.

2.

Construction, paving, or re-paving of any driveway, private street, parking lot, sidewalk, or path.

3.

Construction of any paved or improved hard surface larger than 1,000 square feet in area.

4.

Construction or installation of any sewer pipe, swale, or ditch for drainage purposes, except footing tiles or roof drainage interior to a structure.

C.

Exceptions. Except as required by nonpoint source pollution control plan review, a Land Disturbance Permit is not required for the following:

1.

A single-family detached or duplex dwelling unit located on an individually platted lot in an improved subdivision;

2.

Farm and ranch uses; or

3.

Development that has an approved Site Development Plan and the land disturbance is in compliance with the plan.

D.

Application Requirements. The Director shall ensure that a completed application has been submitted by the applicant pursuant to Section 11.2.1, General Application Procedures, and includes the information and materials necessary for the City Engineer to render an informed decision.

E.

Review Criteria. A Land Disturbance Permit shall be issued if the City Engineer finds that:

1.

All applicable requirements of this Section and these regulations have been met; and

2.

Any required state or federal approvals have been granted.

F.

Conditions of Permit. All Land Disturbance Permits shall be issued upon the following conditions:

1.

The applicant shall install and maintain all erosion control measures;

2.

The applicant shall maintain all road drainage systems, stormwater drainage systems, and other facilities;

3.

The applicant shall remove sediment resulting from land disturbing activities from abutting surfaces or drainage courses;

4.

The applicant shall allow the designated City staff to enter the site to verify compliance or to perform any work necessary to bring the site to compliance with approved permit; and

5.

The applicant shall submit a revised Land Disturbance Permit for approval if the nature of the project changes from that proposed under the approved permit.

A.

Generally. Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her.

B.

Applicability. A Floodplain Development Permit shall be required for development that encroaches in the floodplain.

C.

Application Requirements.

1.

A completed application pursuant to Section 11.2.1, General Application Procedures.

2.

Applications for a Floodplain Development Permit may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:

a.

Elevation (in relation to mean sea level), of the lowest floor (including basement, if applicable) of all new and substantially improved structures;

b.

Elevation in relation to mean sea level to which any nonresidential structure shall be flood-proofed;

c.

A certificate from a registered professional engineer or architect that the nonresidential flood-proofed structure shall meet the flood-proofing criteria of Section 5.2.3, Provisions for Flood Hazard Reduction;

d.

Description of the extent to which any watercourse or natural drainage will be altered or relocated because of proposed development; and

e.

Maintain a record of all such information in accordance with Subsection 11.1.12.B.1, Recordkeeping.

D.

Review Criteria. The Floodplain Administrator shall decide to approve, approve with conditions, or deny a Floodplain Development Permit based on all applicable provisions of Division 5.2, Flood Damage Prevention, and the following relevant factors:

1.

The danger to life and property due to flooding or erosion damage;

2.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

3.

The danger that materials may be swept onto other lands to the injury of others;

4.

The compatibility of the proposed use with existing and anticipated development;

5.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

6.

The costs of providing governmental services 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;

7.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

8.

The necessity to the facility of a waterfront location, where applicable;

9.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

10.

The relationship of the proposed use to the City's Comprehensive Plan for that area.

A.

Generally. A Site Development Plan is intended to demonstrate compliance with the development standards and other requirements, as applicable, of these regulations. Approval of the Site Development Plan shall be the basis for site development and issuance of a Building Permit but does not release the applicant of the responsibility to submit plans for a Building Permit. A Site Development Plan may be submitted concurrently to or with application for a Building Permit.

B.

Applicability.

1.

Approval of a Site Development Plan shall be required for the development of any property within the City limits, except as identified in Subsection 11.5.3.C, Exceptions, below.

2.

For property located in the City's extraterritorial jurisdiction, approval of a Site Development Plan may be required in accordance with Chapter 28, Nonpoint Source Pollution Control, of the City's Code of Ordinances.

C.

Exceptions. Other than nonpoint source pollution control plan review, a Site Development Plan shall not be required for:

1.

A single-family detached or duplex dwelling unit located on an individually platted lot in an improved subdivision; or

2.

A change of use on a property that requires no required site upgrades pursuant to Division 12.5, Nonconforming Sites.

D.

Application Requirements.

1.

Generally. The Director shall ensure that a completed application has been submitted by the applicant pursuant to Section 11.2.1, General Application Procedures, and includes the information and materials necessary for the Director to render an informed decision.

2.

Plan Components. A completed Site Development Plan application shall be comprised of the following components, unless determined by the Director ahead of the application to not be applicable to a particular site. The details of each component shall be further described in forms approved by the Director and made publicly available. Compliance plans for architecture, lighting, and signage (if necessary) may be deferred to the submission of the Building Permit.

a.

Cover sheet;

b.

Dimensional site plan;

c.

Utility plan;

d.

Architecture plan;

e.

Tree preservation plan;

f.

Landscape plan;

g.

Lighting plan;

h.

Grading and drainage plan;

i.

Flood study; and

j.

Phasing plan.

E.

Site Development Plan Review.

1.

Review Criteria. The Director shall approve the Site Development Plan as long as it is determined that the plan is in compliance with these regulations, the City's Comprehensive Plan, and any other adopted City plans, regulations, policies, and technical manuals.

2.

Site Development Plan review and evaluation shall be performed with respect to the following:

a.

The impact of the development to natural resources and the environment;

b.

A safe and efficient vehicular and pedestrian circulation system;

c.

The location and configuration of parks and open space areas; and

d.

The adequacy of public utilities essential for occupants of the site.

F.

Effect of Approval. The approval of the Site Development Plan shall be considered authorization to proceed to the application for a Building Permit and other applicable construction permits.

G.

Expiration of Approved Site Development Plans.

1.

Generally.

a.

Site Development Plan approval shall expire two years after the date of approval of the Site Development Plan. If the Site Development Plan includes a phasing plan, each phase shall expire two years from the approval of the prior phase and in no case shall the overall phasing plan exceed 10 years.

b.

Any existing Site Plan that has an approval date that is prior to May 11, 2000 and that does not have an expiration date, and for which no progress has been made toward completion of the project as of May 11, 2000, is hereby deemed to have expired as of May 11, 2004 and shall no longer be considered as a valid project. Any other Site Plan approval that does not have an expiration date, and for which no progress has been made toward completion of the project has occurred shall have expired on December 18, 2014.

2.

Extension of Approved Site Development Plan.

a.

Prior to the expiration of an approved Site Development Plan, an applicant may petition the City, in writing, for a one-time extension of the Site Development Plan approval for a period of one year.

b.

The extension shall be considered and approved in the same manner and under the same approval authority as that of the original Site Development Plan (Site Plan) approval.

c.

In determining whether to grant a request for extension, the Director or City Council shall take into account the requirements of Chapter 245 of the Texas Local Government Code and the reasons for the lapse, and the ability of the property owner to comply with any conditions attached to the original approval and ensure that the extension will have no negative impacts on the property, abutting uses, nearby public infrastructure, and will not be contrary to the public interest.

d.

Additional conditions as are necessary to ensure compliance with the original conditions of approval and to protect the public health, safety and welfare may be applied to the extension.

e.

Any such extension must be approved prior to the expiration of the approval, and if not approved then the Site Development Plan (Site Plan) will expire as set out in Subsection 11.5.3.G.1 above, unless the applicant demonstrates that progress toward completion of the project has occurred as set out in herein.

H.

Amendments to Approved Site Development Plans.

1.

Minor Amendments. Minor amendments to approved Site Development Plans do not require further applications and may be administratively approved provided that such amendments do not substantially change the design or nature of the original Site Development Plan, have an adverse impact on the public, abutting properties, or persons who would occupy or use the property, and would not otherwise result in a violation of these regulations, or other adopted City regulations, policies, and technical manuals. The Director shall determine whether an amendment is considered minor but shall generally be limited as follows:

a.

Minor adjustments to the location or configuration of roadways, sidewalks, utilities, parking areas, buildings, landscape features, ponds and any other improvements depicted on the Site Development Plan;

b.

Adjustments of 25 percent or less of total building square footage from the approved Site Development Plan;

c.

Adjustments of 25 percent or less of the total square footage of any landscape areas on the Site Development Plan;

d.

The proposed adjustments do not increase the site's overall parking lot area; and

e.

The proposed adjustments do not increase the site's approved lot cover.

2.

Other Amendments. All other amendments to an approved Site Development Plan shall require the submission of a new Site Development Plan application. Approval of a new Site Development Plan shall void the previously approved Site Development Plan.

I.

Revocation of Approved Site Development Plan. The Director may revoke approval of a Site Development Plan if the Director determines that:

1.

The conditions of the approval have not been met;

2.

The plan contains, or is based upon, incorrect information or if it is determined that it was obtained using fraud or deceit; or

3.

The site is developed in a manner that adversely affects the health, safety, or welfare of persons residing or working on or in proximity to the site in a way that is detrimental to the public welfare or injurious to property or improvements.

A.

Generally. In order to provide a method, to correct human error, allow for minor numerical adjustments, or consider alternative design schemes for particular development standards of these regulations, specified deviations from the applicable development standards may be permitted through an Administrative Exception.

B.

Permitted Administrative Exceptions. The Director shall have the authority to determine an Administrative Exception for the following situations:

1.

That the language of a particular standard in these regulations is incorrect, unclear, or in error and to authorize an adjustment or interpretation to correct such error.

2.

Adjustments of up to 10 percent of any numerical standard set forth in these regulations, except for the following:

a.

A request for an increase in the number of units permitted on a lot or parcel;

b.

Any numerical standard established by other processes, including Conditional Use Permit, Variance, Planned Development District, a previous Administrative Exception adjustment, other similar process, or by action of City Council, Planning and Zoning Commission, or Zoning Board of Adjustment.

c.

Any numerical adjustment greater than 10 percent shall require a request for a Zoning Variance, per the requirements set out in Section 11.3.6, Zoning Variance.

3.

Alternative design or compliance plan(s) for the following situations:

a.

Alternative Building Design (per Section 4.3.4); and

b.

Alternative Landscaping (per subsection 9.2.1.C)

C.

Initiation of Application. An application for an Administrative Exception may be filed by the property owner, or a person having a contractual interest in the subject property, or their authorized representative.

D.

Application Requirements. The Director shall ensure that a completed application has been submitted by the applicant pursuant to Section 11.2.1., General Application Procedures, and includes the information and materials necessary to render an informed decision.

E.

Review Criteria. The Director shall consider the Administrative Exception and may seek the review and approval of other City staff as deemed necessary. The Director shall then approve, approve with conditions, or deny an application for Administrative Exception based on the following criteria:

1.

The Administrative Exception serves an obvious and needed purpose;

2.

The Administrative Exception will not materially or adversely affect abutting land uses and the physical character of uses in the immediate vicinity of the subject property.

3.

The Administrative Exception ensures an equal or better level of design or land use compatibility as the otherwise applicable standards.

4.

The Administrative Exception will be consistent with the purposes and intent of these regulations.

F.

Conditions of Approval of Administrative Exception. The Director may impose conditions on the approval of an Administrative Exception as are necessary to protect abutting property owners and to ensure the public health, safety, and welfare.

G.

Compliance with All Other Provisions. The property owner or applicant shall comply with all other provisions of these regulations not specifically relieved by the Administrative Exception.

H.

Deferral of Administrative Exception. The Director may decide to defer the consideration of an Administrative Exception to the Zoning Board of Adjustment if the proposed exception does not meet the spirit and intent of these regulations or if the Director determines that the proposed exception should be considered in a public meeting. A deferred Administrative Exception shall be subsequently designated as a Zoning Variance application, at no additional cost to the applicant, and shall follow the process set out in Section 11.3.6, Zoning Variance.

I.

Expiration of Approved Administrative Exceptions.

1.

An approved Administrative Exception shall expire if the companion application expires, according to the specified expiration in this Article.

2.

If the Administrative Exception is a stand-alone application, the approval will expire in two years if the exception is not utilized in a manner consistent with the approval.

(Ord. No. 2019-O-05A, § II.G.3, 5-21-2019)

A.

Generally. No Building Permit shall be issued for a lot, building site, building or use unless the lot or building site has been officially recorded by a Final Plat approved by the City Council and filed for record at the appropriate County, and unless all public improvements, as required by these regulations for Final Plat approval, have been completed, except as otherwise provided for within these regulations.

B.

Exceptions.

1.

A building "foundation only" permit may be issued for a nonresidential or multifamily development provided that a Preliminary Plat has been approved by the City Council, and provided that the Construction Plans have been released by the City Engineer. However, the Building Permit shall not be issued and building construction shall not be allowed to surpass the construction of fire protection improvements. In other words, the building shall not proceed above the slab level until all required fire lanes have been completed, and until all water lines serving fire hydrants have been completed, inspected and tested.

2.

The City Building Official may release some residential Building Permits for not more than ten (10) percent of the lots within a new residential subdivision, provided that a Preliminary Plat has been approved by the City Council and the Construction Plans have been approved by the City Engineer, and provided that all public improvements have been completed for that portion of the development including, but not limited to, those required for fire and emergency protection, such as streets providing at least two (2) points of emergency access, alleys, water lines serving fire hydrants, and other similar, required public safety improvements. No lot may be sold nor title conveyed until the Final Plat has been approved by the City Council and recorded at the County.

3.

No Certificate of Occupancy shall be issued for a building or the use of property unless all subdivision improvements have been completed and a Final Plat has been approved by the City Council and recorded at the County. Notwithstanding the above, the City Manager (or designee) may authorize the conditional occupancy of a structure provided that an agreement providing cash escrow, a letter of credit, or other sufficient surety is approved by the City Manager (or designee) for the completion of all remaining public improvements, and provided that the structure is safely habitable in accordance with the City's building codes.

A.

Generally. No existing building and no building erected or structurally altered, shall be occupied, used or changed in use until a Certificate of Occupancy has been issued by the Building Official.

B.

Purpose of Certificate of Occupancy. A Certificate of Occupancy states that the building and proposed use of building or land complies with these regulations, all other applicable building and health laws and ordinances, and all other ordinances relating to electrical and plumbing installation.

C.

Applicability. A Certificate of Occupancy shall be required for the following:

1.

A newly constructed building;

2.

An altered building; or

3.

Any change of use.

D.

Application Requirements. Applications for a Certificate of Occupancy shall include a completed application and corresponding materials pursuant to Section 11.2.1, General Application Procedures and forms established by the Director.

E.

Review Criteria. The Building Official shall issue a Certificate of Occupancy if the Building Official finds that the building and proposed use of building or land complies with all provisions of these regulations and other applicable building, electrical, plumbing, fire, and health codes and ordinances.

F.

Temporary Certificate of Occupancy. Pending the issuance of a permanent Certificate of Occupancy, the Building Official may issue a temporary Certificate of Occupancy to allow for the completion of alterations or for partial occupancy of a building pending its completion, provided that such temporary occupancy will not jeopardize life or property. A temporary Certificate of Occupancy may be required to be accompanied by fiscal surety and shall not exceed six months in duration. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owners relating to the use or occupancy of the premises.

A.

Generally. Pursuant to the authority granted to the City by Chapter 211, Municipal Zoning Authority, of the Tex. Local Gov't Code, any person, department, board, or bureau of the City affected by a decision of an administrative official acting in the enforcement of these regulations may appeal to the City Council.

B.

Applicability.

1.

Appeals of Decisions. Decisions or the failure to act by an administrative official are subject to appeal that shall be heard and decided upon by the City Council.

2.

Matters Not Subject to Appeal.

a.

Recommendations by an administrative body are not subject to appeal.

b.

A denial of a continuance is not subject to appeal.

c.

A determination that an application is not complete is not subject to appeal.

d.

The decisions of an appeal are not subject to further review by the City Council. An appeal of the decision of an appeal shall be processed pursuant to Section 11.6.2, Appeals to District Court.

C.

Appeal Procedures. Pursuant to Chapter 211.010, Appeal to Board, of the Tex. Local Gov't Code, the procedures of an appeal are as follows:

1.

Timing. A notice to appeal shall be filed with the City within 10 calendar days from the date of the decision or action.

2.

Notice of Appeal Content and Application Fee.

a.

The notice of appeal shall specify the grounds of the appeal.

b.

The applicant shall pay an application fee at the time the notice of appeal is filed.

3.

Transmission of Record. The deciding administrative official shall transmit to the City Council the whole record from which the action appealed is being taken.

D.

Public Hearing. The City Council shall schedule a public hearing, pursuant to Section 11.2.2, Public Hearings, no later than 30 calendar days after the date the appeal was filed.

E.

Appeal Review Criteria. The City Council will make its decision on an appeal based on the requirements of these regulations and the information presented to the City Council by the applicant and City staff.

1.

Burden of Proof. The decision of the administrative official is assumed to be valid and the applicant has the burden of proof to present sufficient evidence to justify a reversal in the action or decision being appealed. The deciding administrative official may bring evidence and argument to the contrary.

2.

Findings. All findings necessary to the permit or appeal decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available, and in no case, may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed.

F.

Decision on Appeal. The City Council shall review the appeal, conduct a public hearing, and take final action on the appeal.

1.

In exercising its powers set out in this Section, the City Council may, in conformity with the provisions of these regulations and state law, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination.

2.

A concurring vote of three-fourths of the full City Council shall be required to overturn the decision of the administrative official.

3.

Failure of the City Council to act on the appeal within the appropriated timeframe shall be considered a denial of the appeal.

A.

Application for Establishment of Chapter 245 Rights. The provisions of this Section shall apply to any application for a permit or any other approval of a project for which an applicant desires to establish development rights under Chapter 245 of the Texas Local Government Code. There are two basic types of Chapter 245 determinations.

1.

The first type of Chapter 245 determination involves a demonstration by the applicant that a project is vested with Chapter 245 development rights because the original application for a permit gave the City Fair Notice of the project and of the nature of the permit being sought and neither a permit nor the project have expired.

2.

The second type of Chapter 245 determination involves a demonstration by the applicant that a project or permit is entitled to be reviewed in accordance with the regulations of the City in effect on the date that the original application for the first permit in the series of permits was filed because progress toward the completion of the project has been made by the applicant even though the permit and/or project time limits have expired.

3.

An applicant, in order to establish development rights for a particular project, may need to demonstrate both Fair Notice of the project and that progress toward completion of the project has been made.

B.

Expiration of Existing Permits. Any Site Development Plan (Site Plan) or Concept Plan or other land development approval that has an approval date that is prior to May 11, 2000 and that does not have an expiration date, and for which no progress has been made toward completion of the project as of May 11, 2000, is hereby deemed to have expired as of May 11, 2004 and shall no longer be considered as a valid project. Any Concept Plan that has an approval date that is after May 11, 2000 and before December 18, 2012 and that does not have an expiration date, and where no progress towards completion of the project has occurred shall have expired on December 18, 2017 and shall no longer be considered valid. Any Site Development Plan (Site Plan) or other land use approval that has an approval date after May 11, 2000 and before December 18, 2012 shall have expired on December 18, 2014 and shall no longer be considered valid. Any Concept Plan with an approval date after December 18, 2012 and that does not have an expiration date shall expire five years after the approval date where no progress towards completion of the project has occurred. Any Site Development Plan (Site Plan) or other land use approval with an approval date after December 18, 2012 shall expire two years from the date of the approval unless extended prior to the expiration date.

C.

Applications for Chapter 245 Determination.

1.

An application related to a demonstration that the City has Fair Notice of the project shall be submitted in a form prescribed by the City and shall be initially reviewed for completeness to ensure that all required items are available for technical review purposes. The application shall state the proposed date of applicable rules for the first permit in the series of permits, and the applicant shall supply documentation in support of the request. The burden of proof is on the applicant to provide sufficient written information to substantiate a claim under this Section. One or all of the following items may be considered as part of the Fair Notice Documentation:

a.

Any of the documentation described in Subsection 11.7.1.C.3 below.

b.

Documentation that clearly shows specific land uses, densities and intensities.

c.

Documentation that shows the layout of streets, public easements, parking areas and building footprints.

d.

Any other documentation that the applicant believes provides evidence of Fair Notice.

2.

Chapter 245 development rights shall only apply to the specified land uses, densities and intensities set forth in the Fair Notice Documentation provided by the applicant. Any modification of the land uses, densities or intensities from those set out in the Fair Notice Documentation shall be considered a new project subject to current City ordinances.

3.

An application related to a demonstration that a permit or project has not expired because progress has been made toward completion of the project shall be submitted in a form prescribed by the City and shall be initially reviewed for completeness to ensure that all required items are available for technical review purposes. The application shall state the proposed date of applicable rules for the first permit in the series of permits and shall clearly describe each permit that has been issued and the date of approval for each subsequent permit. The applicant shall provide a statement in narrative form that describes the efforts that have been undertaken toward completion of the project and shall supply documentation in support of the request. The burden of proof is on the applicant to provide sufficient written information to substantiate a claim under this Section. One or all of the following items may be considered:

a.

Copy of an application for a Final Plat or plan that was previously submitted to a regulatory agency;

b.

Proof that a good-faith attempt was previously made to file with a regulatory agency an application for a permit necessary to begin or continue towards completion of the project;

c.

Documentation of costs that have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located;

d.

Documentation of fiscal security posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or

e.

Documentation of utility connection fees or impact fees for the project paid to a regulatory agency.

4.

The provisions of Subsection 11.7.1.C.3 above shall only apply to the project and specified land uses, densities and intensities set forth in the permits that have been previously approved by the City. Any modification of the land uses, densities or intensities shall be considered a new project and subject to current City regulations.

5.

Any application for a Chapter 245 determination that is not deemed complete by the City shall be rejected, and the applicant shall be notified in writing of the missing or incomplete items within 10 working days of the submission of the application. An incomplete application shall expire if the missing or incomplete items are not provided by the applicant within 45 days of the date of initial submission of the application.

6.

Each application shall be reviewed by the City Manager, in consultation with the City Attorney. The application may be denied in whole, granted in whole or denied in part and granted in part. Where the documentation submitted by the applicant is adequate to confirm a determination that rights exist under Chapter 245, then the regulations in place at the time such rights vested shall be applied in the further review and processing of permits for the project as applicable to the portion of the application that was granted.

7.

The City Manager shall provide his or her decision on the application within 45 days of the date of the receipt of a complete application.

8.

The applicant may appeal a final determination by the City Manager under this Section to the City Council within 10 calendar days of the date of the City Manager's decision on the application.

9.

The City may enter into a consent agreement with the applicant that is intended to resolve a good-faith dispute concerning Chapter 245 development rights and applicable regulations in order to avoid the cost and uncertainty of litigation to both parties.