Northlake City Zoning Code
ARTICLE 1
General Provisions
§ 1.1 Short Title.
Chapter 12 of the Town of Northlake Code of Ordinances shall be known and may be cited as the Unified Development Code of the Town of Northlake, Texas or simply as the Unified Development Code (UDC).
(Ordinance 13-0124A adopted 1/24/13)
§ 1.2 Purpose and Intent.
This UDC is adopted to:
A.
Protect, promote, improve and provide for the public health, safety and general welfare of the citizens of the Town;
B.
Ensure the safe, orderly and efficient development and expansion of the Town in accordance with and pursuant to its Comprehensive Plan;
C.
Conserve, develop, protect and utilize natural resources, in keeping with the public interest;
D.
Prevent the overcrowding of land and avoid undue concentration or diffusion of population;
E.
Protect and conserve the value of land throughout the Town and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings;
F.
Provide for open space;
G.
Minimize pollution of air and water, assure the adequacy of drainage facilities, safeguard water resources and preserve the integrity and aesthetic quality of the community;
H.
Lessen congestion in the streets and provide convenient, safe and efficient circulation for vehicular and pedestrian traffic;
I.
Facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, public safety and recreational facilities, and other public facilities and services;
J.
Maintain the farming and ranching culture of the community. Nothing within this UDC shall be construed to prohibit normal activities associated with farming and ranching.
(Ordinance 13-0124A adopted 1/24/13)
§ 1.3 Authority.
This UDC is adopted pursuant to the powers granted to the Town and subject to any limitations imposed by the constitution and other laws of the State of Texas.
(Ordinance 13-0124A adopted 1/24/13)
§ 1.4 Jurisdiction.
The provisions of this UDC apply to all property within the incorporated limits of the Town and to all lands subject to its jurisdiction as conferred by State law.
A.
Jurisdiction within Town Limits.
The Town has the statutory authority to exercise a broad range of powers within its corporate boundaries and its extraterritorial jurisdiction. Many of those powers are specifically authorized by Chapters 211, 212, and 216 of Texas Local Government Code as amended (LGC). Pursuant to such authority, all sections of the UDC shall apply to all areas within the Town limits of Northlake. All structures, land uses, businesses, subdivisions, or property development constructed or commenced after the effective date of this UDC and all enlargements of, additions to, changes in, reductions to or relocations of existing structures, land uses, businesses, subdivisions, or property developments occurring after the effective date of this UDC are therefore subject thereto.
B.
Jurisdiction within Extraterritorial Jurisdiction.
The Town extends to its extraterritorial jurisdiction (ETJ) the regulation of subdivisions and property development adopted under LGC Chapter 212. The Town also extends to its ETJ the authority to regulate signage as adopted under LGC Chapters 216, 245, and 43. It is the intent of this article to make any and all ordinances, codes, regulations, allowable by law under the local government code or any other applicable state statute enforceable in the extraterritorial jurisdiction of the Town of Northlake, whether or not so stated.
(Ordinance 13-0124A adopted 1/24/13)
§ 1.5 Consistency with Comprehensive Plan.
This UDC is intended to address the issues and implement the policies contained in the Comprehensive Plan for the Town and to affect the Town's plan for provision of public facilities and service within the Town limits and within the Town's ETJ. Any application for development should be consistent with the Town's Comprehensive Plan as amended from time to time.
(Ordinance 13-0124A adopted 1/24/13)
§ 1.6 Vested Rights "Issuance of Local Permits."
Property owners who have filed a completed application or have obtained approval of any project or permit prior to adoption of this UDC shall be considered in compliance with LGC Chapter 245.
(Ordinance 13-0124A adopted 1/24/13)
§ 1.7 Apportionment of Municipal Infrastructure Costs.
A.
Proportionality Determination.
Before a decision by the Town Council on an application or for approval of a plat or plan for development or prior to a decision on any other application on which an exaction requirement is placed as a condition of approval, the Town Engineer shall affirm that the requirements of this Chapter, or other ordinance requiring the permit, as applied to the proposed subdivision or development, do not impose costs on the applicant for public infrastructure improvements that exceed those roughly proportionate to the impact of the proposed subdivision or development. In making this determination, the Town Engineer may consider any information relating to the impacts created by the proposed subdivision or development on the Town's public facilities systems, including:
1.
The proposed and potential use of the land;
2.
The timing and sequence of development in relation to availability of adequate levels of public facilities systems;
3.
Impact fee studies; traffic impact studies; drainage studies; or any other studies or standards that measure the demand for services created by developments and the impact on the Town's public facilities systems;
4.
The level of service and functionality of both on-site and off-site public infrastructure improvements in serving the proposed subdivision or development;
5.
The degree to which acceptable private infrastructure improvements to be constructed and maintained by the applicant will offset the need for public infrastructure improvements; and
6.
Any reimbursements for the costs of public infrastructure improvements for which the proposed subdivision is eligible.
The Town Engineer may require an applicant, at their expense, submit reasonable information or studies that may assist in making the proportionality determination. |
B.
Appeal to Town Council.
A subdivider or other applicant for approval of a plat or plan for development or other permit which imposes an exaction requirement as a condition of approval may appeal the Town Engineer's determination under subsection A to the Town Council under Section 212.904 of the Texas Local Government Code. To pursue an appeal, the subdivider or applicant must file a written notice of appeal with the Town Secretary within ten (10) days of the date the Town Council or the Town official responsible for issuing the permit takes an action applying the exaction requirement, which may include denial of the permit or plat. The notice of appeal shall:
1.
Specifically state each exaction requirement for which relief is sought;
2.
For each requirement, state the reasons application of the requirement is not roughly proportional to the nature and extent of the impact created by the proposed subdivision or development; and
3.
Where appropriate, propose an alternative requirement the subdivider or applicant contends is roughly proportional to the nature and extent of the impact created by the proposed subdivision or development.
The Town Secretary shall forward the appeal to the Town Council for consideration. |
C.
Standards for Town Council Evaluation of the Contested Infrastructure Cost Apportionment.
The subdivider or applicant shall bear the burden of proof to demonstrate that the Town's municipal infrastructure cost apportionment determination is not roughly proportionate. The Town Council shall evaluate the contested infrastructure cost apportionment determination under the following standards:
D.
Procedural Rules.
The following procedures shall apply to hearings conducted pursuant to an appeal filed in accordance with subsection B:
1.
The presiding officer of the Town Council shall call the agenda item and open the hearing;
2.
The subdivider or applicant shall present evidence and testimony regarding the disputed determination of municipal infrastructure cost apportionment;
3.
The Town Council may ask questions of the subdivider or applicant or the subdivider's or applicant's witnesses;
4.
The Town staff or representatives may offer evidence regarding the disputed determination of municipal infrastructure cost apportionment;
5.
The Town Council may ask questions of the Town staff or representatives;
6.
The Town Council may ask questions of any previously called witness or seek any further explanation on any issue raised in the hearing;
7.
Upon conclusion of the subdivider or applicant's case, the presiding officer shall inquire whether the subdivider or applicant has submitted all the evidence and testimony he or she wishes the Town Council to consider. If the subdivider or applicant indicates all evidence and testimony has been submitted, the Town Council shall issue a determination within 30 days of the conclusion of the hearing.
E.
Appeal to Court.
An applicant may appeal the decision of the Town Council to the county or district court of the county in which the development is located within 30 days of the date that the Town Council issues its final decision.
(Ordinance 19-0328A adopted 3/28/19)
§ 1.8 Minimum Requirements.
A.
The provisions of this UDC and the Engineering Design Manual (EDM) shall be interpreted and applied as the minimum requirements for the promotion of public health, safety and general welfare.
B.
Whenever the requirements of this UDC are in conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes the higher standards, as determined by the Town Manager or his/her designee shall apply.
C.
The issuance of any permit, certificate or approval in accordance with the standards and requirements of this UDC shall not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all other applicable requirements of any other municipality, county, special district, State or Federal agency having jurisdiction over the structures or land uses for which the permit, certificate or approval was issued.
(Ordinance 13-0124A adopted 1/24/13)
§ 1.9 Effective Date.
This amended UDC shall take effect upon adoption by the Town Council and signature by the Mayor. Except as otherwise provided in this UDC, on the effective date and thereafter, this UDC shall supersede all prior development regulations governing the development of land within the Town and its ETJ. All development applications and proposals filed on or after the effective date of this UDC ordinance, whether for new developments or amendments to plats and plans shall be required to meet the standards of this UDC and shall be processed in accordance with the procedures herein.
(Ordinance 13-0124A adopted 1/24/13)
§ 1.10 Severability.
All sections, paragraphs, sentences, clauses, and phrases of this UDC are severable, and if any such section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid in any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not cause any remaining section, paragraph, sentence, clause, or phrase of this UDC to fail or become invalid.
(Ordinance 13-0124A adopted 1/24/13)
§ 1.11 Violations and Penalties.
Any person, firm or corporation who shall violate any of the provisions of this UDC or fails to comply therewith or who shall violate or fail to comply with any order or regulation made under, or who shall build in violation of any detailed statement of specification of plans submitted and approved under, or any certificate or permit issued under, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed two thousand dollars ($2,000) or the appropriate legal maximum. In the case of a violation of section 9.10, the penalty shall be the sum as determined above plus the value of the tree as determined by a certified arborist hired by the Town. Each and every day that such violation and/or noncompliance shall exist shall be deemed a separate offense. But in case any person, firm or corporation violates any of the provisions of this UDC or fails to comply therewith, the Town, in addition to imposing the penalties above provided may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act, conduct, business, or use in or about any land, and the definition of any violation of the terms of this UDC as a misdemeanor, shall not preclude the Town from invoking the civil remedies given it by law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation.
(Ordinance 13-0124A adopted 1/24/13)
§ 1.12 Validity.
The issuance or granting of a permit or approval of plans or plats, site or facility designs, or specifications shall not be construed to be a permit for, or an approval of, any violation of any provision of this UDC or any other Town ordinance. No permit purporting to give authority to violate or cancel the provisions of this UDC shall be valid, except insofar as the work or use that it authorizes is lawful and conforms to the requirements of this UDC or a variance, exception, or modification granted pursuant to this UDC.
(Ordinance 13-0124A adopted 1/24/13)