All territory annexed to the City shall be classified as single-family residential. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure set forth in Section 6.5. - Amendments to the Zoning Ordinance/Districts and Administrative Procedures of this zoning ordinance.
Oak Leaf City Zoning Code
SECTION 6
DEVELOPMENT REVIEW PROCEDURES
§ 6.1 ZONING UPON ANNEXATION.
6.1.1
Rules of Newly Annexed Territory Classified as District U (Unknown).
All land or territory annexed by the City shall be initially zoned as District U. Permanent zoning shall be placed on the land as soon as is practicable.
a.
Building Permit or Certificate of Occupancy Required.
Except as provided in Chapter 43 of the Texas Local Government Code, no person shall erect, construct, proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the City without first applying for and obtaining a building permit or Certificate of Occupancy from the City.
b.
Limited Permits within Newly Annexed Land.
No permit for the construction of a building or use of land shall be issued by the City other than a permit which will allow the construction of a building or use permitted in District U, unless and until such territory has been classified in a zoning district other than District U, by the City Council in the manner prescribed by law except as provided in 6.1.1.C.
c.
Application for Building Permit or Certificate of Occupancy with Newly Annexed Land.
A building permit shall be approved if the applicant shows the following:
1.
The use was already legally operating on the date the annexation proceedings were initiated for the property; or
2.
The use was not already operating on the effective date of annexation, but was planned for the property before the 90th day before the effective date of annexation, and:
A.
One or more licenses, certificates, permits, approvals, or other form of authorization by a governmental entity were required by law for the planned land use; and
B.
A completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. For the purpose of this section, a completed application is filed if the application includes all documents and other information designated as required by the governmental entity in a written notice to the applicant. For the purposes of this section, the date the annexation proceedings were instituted means the date the City Council approves the ordinance annexing the property.
3.
If a use described in 6.1.1.c. does not comply with the zoning for the property, such uses shall be allowed to continue as a nonconforming use. Notwithstanding any provision contained herein, the City may terminate a nonconforming use pursuant to Section 43.002(c) of the Texas Local Government Code even if it existed or was planned prior to the institution of annexation proceedings.
4.
The property owner has a right to appeal the City’s decision, if an appeal is submitted to the director in writing within ten (10) calendar days after the City Council voted and made their determination in open session. After receiving and reviewing the appeal application, the City Council, with affirmative votes by three-fourths of the alderman of City Council, may authorize the issuance of a building permit or Certificate of Occupancy or may disapprove the application pending permanent zoning.
(Ordinance 2020-13 adopted 10/13/20)
§ 6.2 PLATTING PROPERTY NOT ZONED.
6.2.1
Zoning Required for Platting.
The City Council shall not approve any plat of any subdivision within the City Limits until the area covered by the proposed plat shall have been zoned by the City Council as described in Section 6.1.
6.2.2
Annexation Proceedings Postpones Platting Approvals.
The City Council may conditionally approve any plat or any subdivision within any area where a petition or ordinance for annexation is pending until such annexation shall have been approved by ordinance of the City Council.
6.2.3
Subdivision Ordinance Platting Requirements.
Refer to the subdivision ordinance for platting requirements within the City limits and its extraterritorial jurisdiction.
6.2.4
Simultaneous Zoning and Annexation.
Zoning and annexation requests may be simultaneously considered. The City Council must adopt the annexation ordinance prior to adopting an ordinance for permanent zoning.
(Ordinance 2020-13 adopted 10/13/20)
§ 6.3 CREATION OF BUILDING SITE.
6.3.1
Conditions Required for Building Site, Tract, or Lot Creation.
No permit for construction of a building or buildings upon any tract or plat shall be issued until a building site, building tract, or building lot has been created by compliance with one of the following conditions:
a.
Approved Plat of Record.
The lot or tract is part of a plat of record, properly approved by the City Council, and filed in the Plat Records of Ellis County, Texas.
b.
Annexation.
The plat, tract, or lot faces upon a dedicated street and was separately owned prior to annexation to the City, in which event a building permit for only one main building conforming to all the requirements of this ordinance may be issued on each such original separately owned parcel without first complying with Section 6.3.1.a. - Approved Plat of Record.
c.
Approved Site Plan.
The plat or tract is all or part of a Site Plan officially approved by the City Council, and compliance has been made with provisions and improvements approved on such Site Plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land.
6.3.2
Building Permit Issuance Requires a Plat of Record.
A plat of record shall be created prior to the issuance of a building permit. (See subdivision ordinance)
(Ordinance 2020-13 adopted 10/13/20)
§ 6.4 SITE PLAN REQUIREMENTS.
6.4.1
Applicability.
The Site Plan review process shall apply to all residential development.
6.4.2
Exemptions.
Temporary field construction offices/staging areas as permitted by the City are exempted from the requirements of Section 6.4. - Site Plan Requirements.
6.4.4
Fees, Forms and Procedures.
a.
Schedule of Fees.
The City Council shall establish a schedule of fees relating to the Site Plan approval process.
b.
Delinquent Taxes.
No Site Plan shall be approved for properties with delinquent City taxes.
c.
Procedures, Forms and Standards.
The director shall establish procedures, forms and standards with regard to the content, format and number of copies of information constituting an application for Preliminary Site Plans and Site Plans.
6.4.5
Preliminary Site Plan.
a.
Preliminary Site Plan General.
A preliminary Site Plan is the first plan in the Site Plan approval process. A preliminary Site Plan is less detailed and specific than a final Site Plan in terms of exact arrangement of buildings, parking areas, open spaces, access points and any other site design features. A checklist of all required information to be depicted on a preliminary Site Plan shall be maintained by the building inspector. The purpose of the plan is to:
1.
Ensure compliance with applicable development regulations and previously approved, valid plans affecting development of the property;
2.
Provide satisfactory vehicular and pedestrian connectivity to adjoining developments and within the site;
3.
Promote the long-term viability of multi-parcel developments by providing visibility of internal tracts;
4.
Determine the preliminary design of drainage facilities and utilities; and
5.
Promote the health, safety and welfare of the public.
b.
Preliminary Site Plan Applicability.
2.
Area Scope.
A.
A preliminary Site Plan must include all contiguous property of common ownership, except that approved platted lots that are not part of the intended development may be shown for informational purposes only.
B.
Property which has been subdivided by metes and bounds, regardless of ownership, shall be included in the preliminary Site Plan, since the subdivision of land was not conducted in accordance with the subdivision ordinance.
3.
A Site Plan may be submitted in lieu of a preliminary Site Plan.
c.
Preliminary Site Plan Application Procedure and Requirements.
1.
Preliminary Site Plan Pre-Application.
A.
Before preparing a preliminary Site Plan, it is recommended that the applicant meet with an authorized representative of the City to allow the applicant to learn the general procedures for approval, and to review the general plan of the proposed development, but the development/project shall not be discussed in sufficient detail to provide the City with fair notice of the project.
B.
No applications for a permit may be submitted to or accepted for filing with representatives of the City during the meeting.
2.
Preliminary Site Plan General Application.
The property owner shall file an application for the approval of a preliminary Site Plan. This application shall include the information listed on the city’s preliminary Site Plan Application form and checklist, which shall be created and maintained by the director.
3.
Preliminary Site Plan Details for Tracts Containing Five (5) Acres or Less.
Existing or proposed tracts which contain five (5) or fewer acres shall depict a greater level of detail than tracts in excess of five (5) acres. A checklist of the required information shall be maintained by the director.
4.
Preliminary Site Plan Additional Requirements.
In addition to meeting the requirements for preliminary Site Plan approval, the following supplemental information may be necessary (such applications and plans shall be accepted for filing, however, prior to approval of the preliminary Site Plan, and failure to submit such applications prior to approval of the preliminary Site Plan shall be grounds for denial or rejection of the preliminary Site Plan):
5.
Preliminary Site Plan Standards of Approval.
The City Council may approve, conditionally approve, table or deny a preliminary Site Plan based on:
A.
Conformance with the Comprehensive Plan and adopted design guidelines;
B.
Compliance with the zoning ordinance and other applicable regulations and previously approved, valid plans for the property;
C.
Impact on the site’s natural resources (i.e., floodplain, drainage, trees, topography, etc.) but excluding fence rows;
D.
Effect on adjacent and area property and land use;
E.
Safety and efficiency of vehicular and pedestrian circulation, traffic control and congestion mitigation;
F.
Safety and convenience of off-street parking and loading facilities;
G.
Access for firefighting and emergency equipment to buildings;
H.
Use of landscaping and screening to shield light, noise, movement or activities from adjacent properties, and to complement the design and location of buildings and parking; and
I.
The location, size and configuration of usable open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
6.
Preliminary Site Plan Effect.
A.
City approval of a preliminary Site Plan shall constitute authorization by the City for the owner(s) to submit an application for Site Plan approval for development of the entire site or a portion thereof provided that the Site Plan substantially conforms to the preliminary Site Plan and any conditions attached to its approval.
B.
Except where authorized by ordinance, a preliminary Site Plan may not be used to approve an exception to development regulations.
C.
Where an approved preliminary Site Plan conflicts with an adopted regulation and no variance or exception is expressly approved, the regulation shall apply.
7.
Preliminary Site Plan Lapse.
A.
The approval of a preliminary Site Plan shall be effective for a period of two (2) years from the date of approval, at the end of which time the preliminary Site Plan shall expire unless the applicant demonstrates to the City Council that progress has been made toward completion of the project for which the preliminary Site Plan was approved or that a Site Plan has been approved.
B.
An expired preliminary Site Plan approval is null and void, and the project shall be considered dormant.
C.
If the progress towards completion is only for a portion of the property, the preliminary Site Plan for the remaining property shall expire.
D.
Any new preliminary Site Plan submitted for review and approval shall be subject to the then-existing regulations at the time of submittal.
For appeals, see Section 6.14.- Appeals and the Appeal Process.
6.4.6
Site Plan.
a.
Site Plan General Information.
A Site Plan is the final plan required in the Site Plan approval process. It must be approved by the City Council, with enactment of the ordinance approving the zoning upon recommendation of the Planning and Zoning Commission and in accordance with Section 6.4.6. The Site Plan is a detailed plan of the public and private improvements to be constructed. The purpose of the plan is to:
1.
Ensure compliance with applicable development regulations and previously approved, valid plans affecting development of the property;
2.
Coordinate and document the design of public and private improvements to be constructed;
3.
Coordinate the subdivision of land, including the granting of easements, rights-of-way, development agreements and provision of surety;
4.
Promote the health, safety and welfare of the public; and
5.
Identify and address environmental concerns (i.e., floodplain, drainage, trees, topography, etc.).
b.
Site Plan Applicability.
1.
Prerequisite for the Approval of Any Construction Plan and Permit.
An approved, valid Site Plan shall be required prior to the approval of any construction plan and permit for and development of the following:
Residential development having more than two dwelling units, including attached single-family housing
c.
Site Plan Application Procedure and Requirements.
1.
Site Plan Pre-Application.
A.
Before preparing a Site Plan, the applicant may meet with City Staff and/or a City official to allow the applicant to learn the general procedures for approval and to review the concept of the proposed development, if desired by applicant.
B.
No application for a permit may be submitted to or accepted for filing with the City staff or City official during the meeting.
2.
Site Plan General Application.
The property owner shall file an application for the approval of a Site Plan. This application shall include the information listed on the City’s Site Plan Application form and checklist, which shall be created and maintained by the director.
3.
Site Plan Additional Requirements.
The following plans shall be submitted with a Site Plan Application and approval is necessary prior to final authorization for development:
4.
Site Plan Standards of Approval.
A.
Approval Criteria.
i.
Conformance with the Comprehensive Plan and adopted design guidelines.
ii.
Compliance with the zoning ordinance and other applicable regulations and previously approved, valid plans for the property.
iii.
The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.
iv.
The width, grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
v.
The use of landscaping and screening to provide adequate buffers to shield light, noise, movement or activities from adjacent properties when necessary, and to complement the design and location of buildings and be integrated into the overall site design.
vi.
The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
vii.
Protection and conservation of soils from erosion by wind or water or from excavation or grading.
viii.
Protection and conservation of water courses and areas subject to flooding.
ix.
The adequacy of streets, water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.
x.
The City shall not take action on a Site Plan for property where City taxes are delinquent.
5.
Site Plan Effect.
a.
Approval of a Site Plan is the City’s authorization to apply for approval of building permits and to receive approval of engineering plans.
b.
During the time the Site Plan remains valid the City shall not apply any additional requirements concerning building placement, streets, drives, parking, landscaping or screening.
c.
Site Plan approval is separate and distinct from other permits and approvals as may be required by the City and other regulatory agencies.
d.
Approval of a Site Plan shall not affect other applicable regulations concerning development and land use.
e.
Except where authorized by ordinance, a Site Plan may not be used to approve a variance to development regulations.
f.
Where an approved plan conflicts with an adopted regulation and no variance is expressly approved, the regulation shall apply.
6.
Site Plan Lapse.
A.
Applications filed on or after October 13, 2020:
i.
For applications filed on or after October 13, 2020, the approval of a Site Plan shall be effective for a period of two (2) years from the date of filing of the application with the City at the end of which time the Site Plan shall expire unless the applicant demonstrates to the City Council that progress has been made towards completion of the project for which the Site Plan was approved.
ii.
Submission and receipt of approval of engineering plans and building permits prior to expiration of the Site Plan shall be evidence of progress towards completion.
iii.
However, if engineering plans and permits have been approved only for a portion of the property or if the progress towards completion is only for a portion of the property and/or improvements, the Site Plan for the remaining property and/or improvements, together with any Preliminary Site Plan for the property, shall expire.
B.
Expired Site Plans
i.
For all expired Site Plans, the applicant shall be required to submit a new Site Plan and if required, a new Preliminary Site Plan, for review and approval by the City Council subject to the then existing regulations.
ii.
Site Plan approval shall not expire upon completion of the improvements shown on the plan. Permits must remain valid during the construction process.
iii.
Subsequent additional development, site modifications and redevelopment shall be permitted in accordance with 6.4.8. - Additional Development and Redevelopment and shall be considered a new project subject to the then existing ordinances, laws and regulations of the City.
6.4.7
Revocation of Site Plan Approval.
The City Council may revoke approval of a preliminary Site Plan or Site Plan if it determines that the conditions of the approval have not been met or if the plan contains, or is based upon, incorrect information or if it is determined that it was obtained using fraud or deceit.
6.4.8
Additional Development and Redevelopment.
a.
Additional Development, Site Modifications, or Redevelopment.
Following the completion of improvements shown on an approved Site Plan, additional development, site modifications, or redevelopment of the site shall be permitted subject to the approval of a revised Site Plan, which shall be considered a new project and shall require submittal of a revised Site Plan and the approval of the City Council under the regulations, requirements and procedures then in effect.
b.
Minor Expansions and Redevelopment.
Minor expansions and redevelopment may be approved by the director under the terms of 6.4.7. - Revocation of Site Plan Approval.
6.4.9
Design Standards and Specifications.
Incorporation of Design Standards and Specifications
In addition to the requirements of this ordinance, site plans are required to meet the standards contained in the following regulations:
(Ordinance 2020-13 adopted 10/13/20)
§ 6.5 AMENDMENTS TO THE ZONING ORDINANCE/DISTRICTS AND ADMINISTRATIVE PROCEDURES.
6.5.1
Authority to Amend Ordinance.
a.
Authority.
After a public hearing, the City Council may amend, supplement or change the regulations, restrictions, and district boundaries created by this ordinance, following recommendation of the Planning and Zoning Commission. All amendments shall require an affirmative vote by three fourths of all members of City Council.
c.
Zoning Amendment Application Submittal.
d.
Additional Considerations.
1.
Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner or by the City Council on its own motion when it finds that public benefit will be derived from consideration of such matter.
2.
In the event the ownership stated on an application and that shown on the City records is different, the applicant shall submit written proof of ownership.
3.
The advertisement of a zoning change or application for a Specific Use Permit shall be initiated by City Staff upon receipt of applicant’s written response to City Staff’s recommendation. The response shall indicate whether the applicant agrees or disagrees with the City Staff’s recommendation. When the applicant disagrees with any portion of the recommendation, the applicant shall cite the reasons for the disagreement.
e.
Zoning Application Details.
1.
To ensure the submission of adequate information, the director is hereby empowered to maintain and distribute a list of specific requirements for zoning applications and update or modify such requirements as deemed necessary.
2.
Upon periodic review, the director shall have the authority to update such requirements for zoning application details.
6.5.2
Zoning Amendments Process, Public Hearing and Notice.
Chapter 211 of the Texas Local Government Code, as amended, shall apply when considering amendments to this zoning ordinance.
6.5.3
Failure to Appear before the City Council.
The City Council may deny a zoning application if the applicant or representative fails to appear at one (1) or more hearings before the City Council.
6.5.4
City Council Consideration.
a.
City Council Consideration and Action.
City Council, after the public hearing is closed, may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application.
b.
City Council Vote Required for Protested Amendments.
1.
Documented Protest Requirements.
A.
Documented Protest Filing.
Protests against proposed amendments shall be filed at least seven (7) calendar days before the date of the public hearing.
B.
Documented Protest Participant Requirements.
i.
Interior Protester:
The owners, duly signed and acknowledged, of twenty (20) percent or more of the land area included within a proposed amendment boundary may participate in a documented protest for a specific case.
ii.
Exterior Protester:
The owners, duly signed and acknowledged, of twenty (20) percent or more of the land area within a two hundred (200) foot radius of the exterior boundary of the area included in a proposed amendment may participate in a documented protest for a specific case.
2.
Documented Protest Effect.
If a documented protest against a proposed amendment, supplement, or change to a zoning regulation or boundary has been filed with the director, then such amendments shall not become effective except by the affirmative vote by three-fourths of all alderman of the governing body.
c.
Final Approval and Ordinance Adoption.
1.
Approval of any zoning change or amendment by the City Council at the scheduled public hearing shall constitute instruction to City Staff to prepare an appropriate ordinance for final formal passage at a subsequent time.
2.
If finally approved by the required number of votes, the ordinance shall be executed by the mayor.
3.
The ordinance shall become effective from and after its adoption and publication as required by law.
(Ordinance 2020-13 adopted 10/13/20)
§ 6.6 VESTING AND APPLICATION REQUIREMENTS.
6.6.1
Zoning Applications.
a.
Complete Applications Required.
No Zoning Application shall be accepted for filing or process unless such request is accompanied by a complete application and all documents required by and prepared in accordance with the requirements of the zoning ordinance and any other applicable ordinance and it is filed with the director.
b.
Denial of Zoning Applications.
1.
The acceptance or processing by any City official of a Zoning Application prior to the time a complete application is submitted hereby is deemed to be null and void and, upon discovery, shall be ground for denial or revocation of such application.
2.
A typographical error shall not constitute an incomplete application.
6.6.2
Incomplete Application Procedures.
a.
Period of Time for Determining Incomplete Application.
On or before the tenth (10th) calendar day after an application for a permit is filed with the director, the City shall determine if an application is complete.
b.
Determination of Incomplete Applications.
If the application for a permit does not contain all information required by an ordinance, law or regulation governing the application for permit, then it shall be considered incomplete.
c.
d.
Expiration of Incomplete Applications.
1.
If notice of an incomplete application is sent to the applicant, then the application for a permit shall expire on the forty-fifth (45th) calendar day after the date the application for a permit was filed if the application for a permit is not made complete by the applicant.
2.
Any filing fee paid may be retained by the City for reviewing the application for a permit for completeness.
3.
Thereafter a new application for a permit, including but not limited to the filing fee, is required if the applicant wishes it to be considered.
4.
The City may send written notice to the applicant that the application for permit has expired, but it is not required to do so and failure of the City to send notice that a permit has expired, shall not prevent the permit from expiring.
5.
Failure to provide requested items within the timeframe will result in the case file being closed on the forty-sixth (46th) calendar day after date of application for a permit was filed. A new case with all fees may be required on all subsequent applications.
6.6.3
Filed Applications.
Applications Received
The application for permit shall be considered filed on the date that it is received by the City.
6.6.4
No accrual of Vested Rights from Specific Applications.
No rights derived from Chapter 245 of the Texas Local Government Code, as amended, shall accrue from an application for a permit that expires, from an application for a permit that is denied, from an application that is not complete, or from an application that does not provide fair notice.
(Ordinance 2020-13 adopted 10/13/20)
§ 6.7 DORMANT DEVELOPMENT PROJECTS/EXPIRED PROJECTS.
6.7.1
Expiration Date for Projects and Permits Filed on or After October 13, 2020.
a.
Projects.
For projects commenced on or after October 13, 2020 by the filing of an application for a permit, the project shall expire on the fifth (5th) anniversary of the date the first application for a permit that was approved by the City was filed if there is not progress towards completion.
Following expiration of a project, any new applications for permits submitted for a project shall be subject to the then existing regulations.
b.
Permits.
Applications for a permit filed on or after October 13, 2020 for which the application does not expire pursuant to section 6.6.2. - Incomplete Application Procedures or for which the permit is subsequently approved, the application for a permit and/or the permit shall expire two (2) years from the date the application for a permit was filed if there is no progress towards completion.
6.7.2
Expiration Date for Permits Filed before October 13, 2020..
a.
Expiration Date Specified.
Applications for permits and projects filed with the City before October 13, 2020 shall be valid for the period of time specified in the ordinances that existed on the date the application for permit was filed.
b.
No Expiration Date Specified.
If the approved application did not have an expiration date, then the permit shall be valid until October 13, 2022.
6.7.3
Progress towards Completion Defined.
Progress to completion means that the approved application did not have an expiration date, and any one or more of the following had occurred:
a.
An application for a Final Plat or plan was properly filed in accordance with City ordinances and said Final Plat or plan has not expired.
b.
A good-faith attempt was made to file an application for a permit required to begin or continue towards completion of the development.
c.
Costs were incurred for developing the project, including, without limitation, costs associated with development (but not including the cost of land acquisition) in the aggregate amount of five (5) percent of the most recent appraised value of the real property on which the project is located.
d.
Fiscal security was posted with the City, or other regulatory agency, to ensure performance of obligations required by City ordinances and/or regulatory agencies.
e.
Utility connection fees or impact fees for the project were paid to the appropriate authority or regulatory agency.
(Ordinance 2020-13 adopted 10/13/20)
§ 6.8 VARIANCE PROCEDURES.
6.8.1
Purpose and Applicability.
b.
Variance Criteria.
A variance may be granted only if the Zoning Board of Adjustment finds that:
1.
The requested variance is not contrary to the public interest; and
2.
The requested variance does not violate the intent of the zoning ordinance, as amended; and
3.
The requested variance allows the spirit of the zoning ordinance to be observed and substantial justice done; and
4.
The requested variance is consistent with the adopted Comprehensive Plan; and
5.
The requested variance would not cause injury to or restrict development on any other parcel of land; and
6.
The requested variance is not needed merely to promote economic gain or to prevent economic loss; and
7.
A literal enforcement of the zoning ordinance would result in an unnecessary hardship. The Board may consider one or more of the following as grounds to determine whether compliance with this Code of Ordinances as applied to a parcel or structure that is the subject of the variance request would result in unnecessary hardship:
A.
The financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01 of the Texas Tax Code.
B.
Compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur.
C.
Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement.
D.
Compliance would result in the unreasonable encroachment on an adjacent property or easement.
E.
The municipality considers the structure to be a nonconforming structure; and
F.
When a variance is needed to permit development of a specific parcel of land that differs from other parcels of land by being of such a restrictive area, shape, or slope that it cannot be developed in a manner commensurate with the development upon other parcels of land within the same zoning district;
8.
The unnecessary hardship is not self-created or personal to the owner of the parcel of land.
9.
The variance is not for a change of use that is not permitted in the zoning district.
c.
Variance Limitations.
1.
Completed Action Required Before a Variance.
An application or request for a variance shall not be heard or granted with regard to any parcel of property or portion thereof upon which a preliminary Site Plan, Site Plan, preliminary Plat or final Plat, when required by the zoning ordinance or the subdivision ordinance for any parcel of property or portion thereof, has not been finally acted upon by the City Council.
2.
Exhausted all Other Options.
The administrative procedures and requirements of the zoning ordinance, and any amendments thereto, with regard to City Council consideration and action, on Preliminary Site Plans, Site Plans, Preliminary Plats, and Final Plats, must be exhausted prior to requesting a variance.
d.
Public Hearing Required.
1.
The Zoning Board of Adjustment shall hold a public hearing for each variance applicant and shall provide the notice and public hearing required by this ordinance.
2.
At the public hearing, the Zoning Board of Adjustment shall consider public comments and shall approve, approve with conditions or deny the variance application.
e.
Application Form and Fee.
A completed application form with payment in full is required prior to scheduling a public hearing. A site plan shall be provided at the time the application is submitted.
f.
Approval.
After receiving and reviewing the variance application, the Zoning Board of Adjustment, with affirmative votes by three-fourths of the Board members, may authorize the variance.
g.
Expiration.
A variance granted by the Zoning Board of Adjustment shall expire:
1.
If construction of the project described in the application for variance has not commenced within one (1) year from the date the variance is granted; or
2.
If construction of the project described in the application for variance has commenced within one (1) year but has not been completed within two (2) years from the date of the granting of the variance.
h.
Appeal.
The Zoning Board of Adjustment's decision is final unless appealed to district court within ten (10) days after the Board's decision is filed in the office of the city secretary. Such appeal must be made in accordance with Chapter 211 of the Texas Local Government Code. The Board's decision is filed in the office of the city secretary when the Board votes and makes its decision in open session.
(Ordinance 2020-13 adopted 10/13/20; Ordinance 2023-03 adopted 3/14/2023)
§ 6.9 SPECIAL EXCEPTION FOR BUILDING INSPECTOR ERROR.
6.9.1
Special Exception Criteria.
The City Council may issue a special exception to grant nonconforming status for a structure that did not conform to this ordinance when it was constructed or established, if the City Council finds:
a.
The nonconformity was clearly and specifically shown in plans and specifications duly submitted to obtain a City permit;
b.
Before the work was done, neither the owner, the designer, the surveyor, the contractor nor any other person assisting with the work knew about the nonconformity;
c.
The nonconformity was clearly covered by the City permit (the same permit for which the plans and specifications were submitted), and the permit was otherwise regularly issued;
d.
After learning of the nonconformity, the owner promptly conferred with the administrative official and voluntarily halted any further nonconforming work;
e.
The item will cause no health or safety hazard and no significant impact upon another person or property; and
f.
The item can be brought into conformity with this ordinance within the time period specified in the special exception, at a modest or reasonable cost.
g.
Exception: Bringing the item into conformity need not be required if the City Council finds that there is no or extremely small impact of the item on other persons or properties.
6.9.2
Time to Comply; Conditions.
No such special exception is effective unless it specifies a time period within which the item must be brought into conformity with this ordinance (if required). Nonconforming status granted for a specified time period is lost when the specified time period expires or if ownership is sooner transferred (unless the new owner acknowledges both the special exception and the date the time period expires, by written instrument filed with the director before the transfer).
Any special exception issued under this section may contain conditions designed to:
(Ordinance 2020-13 adopted 10/13/20)
§ 6.10 REINSTATEMENT OF NONCONFORMING RIGHTS.
a.
Loss of Nonconforming Rights Status.
If the director determines that a nonconforming use has been permanently abandoned under section 1.4.4.a. - Abandonment of Nonconforming Use and has lost its nonconforming rights, the use shall not be instituted on that parcel or other parcel in any district which does not permit the abandoned use.
b.
Notice to Owner and/or Operator Required.
Notice of this determination shall be made in writing to the owner and/or operator of the abandoned nonconforming use.
c.
Application for Nonconforming Rights Reinstatement.
1.
The owner and/or operator of the abandoned nonconforming use may submit a written application to the City Council to have the nonconforming rights reinstated.
2.
Written application for reinstatement of nonconforming rights must be made within ten (10) business days after the director issues the written notice of determination that a use has been permanently abandoned.
d.
City Council Decision.
The City Council may reinstate nonconforming rights only if the City Council finds there was clear intent not to abandon the use even though the use was discontinued for six (6) months or more.
(Ordinance 2020-13 adopted 10/13/20)
§ 6.11 LANDSCAPE PLAN REVIEW.
6.11.1
Process..
Landscape Plan Approval:
a.
The provisions of this section shall be administered and enforced by the director.
b.
The required landscape documents shall be submitted for review with the preliminary Site Plan and Site Plan required in this ordinance.
c.
Permits for building, paving, utilities, or construction shall not be issued prior to an approval and construction release of required landscape documents by the City, unless approved by the director.
d.
An approved Landscape Plan shall expire at the same time that the approved Site Plan with which it was submitted expires.
6.11.2
Review Criteria.
a.
Objectives.
The following criteria shall be used to evaluate proposed Landscape Plans.
1.
The landscape design should have proportion, balance, unity, variety of species, and a variety of color throughout the seasons.
2.
Landscape designs should define spaces including entrance areas, pedestrian paths, vehicular avenues, parking areas, sitting areas, etc.
3.
As an architectural feature, landscape designs should visually soften the mass of the buildings, parking areas, and other structures.
4.
Indigenous landscape materials should be selected whenever feasible.
5.
Landscaping should:
A.
Reduce the reliance on irrigation, thus conserving the public water supply.
B.
Minimize erosion;
C.
Shade seating, walking and outdoor activity areas;
D.
Provide a barrier between vehicles and pedestrians;
E.
Diminish the intrusion of headlights and other glare;
F.
Provide a natural habitat for birds and other wildlife;
G.
Shield buildings from winter wind and summer sun thereby conserving energy; and
H.
Enhance overall character and ecological function of the site through and restoration of native vegetation, and eradication of invasive species.
(Ordinance 2020-13 adopted 10/13/20)
§ 6.12 PLANNED DEVELOPMENT APPLICATION AND REVIEW.
6.12.1
Planned Development (PD) Requirements.
a.
Modified Development Requirements.
Development requirements for each PD District shall be set forth in the amending ordinance granting the PD District and shall include, but may not be limited to standards listed in the following documents:
b.
Reference Base Zoning District.
When referencing a base zoning district, the PD ordinance will not have to provide any of the references listed in 6.12.1.a.
c.
Deviations from Base Zoning.
1.
All applications to the City for PD zoning shall list all requested standards differing from the normal requirements set forth throughout this ordinance and related City development requirements.
2.
All applications without this list will be considered incomplete.
3.
The list shall be provided in the form of a comparison table that lists all current standards and the corresponding proposed standards for the PD District.
4.
The applicant shall provide written justification for the PD request and associated standards, including a statement of impact on public health, safety, and welfare.
d.
PD Application Materials Submitted.
An applicant for a PD District shall submit all materials required by this zoning ordinance.
1.
The director shall send written notice, within ten (10) calendar days after the date the application is filed, to any applicant that has submitted incomplete materials stating the remaining documents or other information needed to make the application complete.
2.
The application for a PD District shall expire on the forty-fifth (45th) calendar day after the date the application was filed if the applicant fails to submit the remaining documents or other information needed to make the application complete on or before such forty-fifth (45th) calendar day.
e.
PD District Map (Zoning Exhibit “A”).
The PD District Map shall display all lands within PD in the City.
1.
The director shall establish all dimensional requirements for PD District Maps.
f.
Development Schedule.
A development schedule may be requested by director or the City Council at any time during the PD request process.
g.
Conformity.
The PD District standards shall conform to all other sections of this ordinance unless specifically excluded or modified in the granting ordinance.
h.
Minimum Net Acreage.
The minimum net acreage for a PD request shall be fifteen (15) acres unless a specific finding is made by the City Council that the establishment of the district is required to implement the Comprehensive Plan, a strategic focus area, a special project, or any other purpose.
6.12.2
Appropriate Plans and Standards for a PD (Zoning Exhibit “B” and “C”).
In establishing a PD District in accordance with this section, the City Council shall approve and file as part of the amending ordinance appropriate plans and standards for each PD District, with shall be attached as Zoning Exhibit “B” to the PD ordinance.
a.
Proposed Standards.
Zoning Exhibit “B” shall outline the list of proposed standards for the PD.
b.
Different Standards for Different Tracts.
If different standards will be applied to different tracts within the PD, then separate regulations for each tract shall be specified.
c.
Additional Requirements (Zoning Exhibit “C”).
1.
If the proposed PD is amending uses only, nothing additional is required unless supplemental information is necessary to clarify the request.
2.
If the proposed PD amends any other standards, a zoning exhibit of the proposed PD will be required (which shall be attached as Zoning Exhibit “C” to the PD ordinance), unless otherwise determined by the director.
3.
Zoning Exhibit “C” shall facilitate understanding of the request during the review and public hearing process and will serve as a guide for future development within the PD District.
4.
If required, the Zoning Exhibit “C” shall reflect the overall layout of the entire development and the director shall maintain a list of required details.
5.
If the PD is nonresidential and/or mixed use in nature, the Zoning Exhibit “C” shall also include but not be limited to building dimensions and location, structure height, used, parking specifications, floor area ratio and lot coverage, open space specifications, drainage features, landscaping and trees, floodplain/riparian details, and architectural style or elevations for illustrative purposes.
6.
The City may require further written documentation that describes and explains the Exhibit “C” layout.
7.
The Exhibit “C” shall in no way vest rights for the property that are outside the regulations of the Zoning Ordinance and other applicable City ordinances, as they currently exist or shall be amended.
(Ordinance 2020-13 adopted 10/13/20)
§ 6.13 SPECIFIC USE PERMIT (SUP) APPLICATION AND REVIEW.
6.13.1
Specific Uses Permit Regulations and Procedures.
a.
Compatibility Considerations.
The City Council in considering any request for Specific Use Permit shall only approve such request after it has determined that the use or uses allowed will not be detrimental to adjacent properties or to the City as a whole before approval.
The director or the City Council may require from the applicant any plans, information, operational data, and expert evaluation concerning the location, function, and characteristics of the proposed use or buildings.
When establishing a Specific Use Permit, the Planning and Zoning Commission may recommend, and the City Council may impose additional conditions and regulations necessary to protect the health, safety, morals, and general welfare of the neighborhood and/or the City. In addition, the use shall be in general conformance with the Comprehensive Plan and general objectives of the City. These conditions may include but are not limited to:
1.
Paving of streets and sidewalks
2.
Means of ingress and egress to public streets
3.
Provisions for drainage
4.
Adequate off-street parking
5.
Protective screening and landscaping
6.
Area or security lighting
7.
The locations and heights of structures
8.
Architectural compatibility of buildings
9.
Intensity of the use, and
10.
Adequate traffic circulation required to contain all stacking activity on the site.
The City Council may also provide that the Specific Use Permit will be valid only for a certain period of time.
b.
Imposed Conditions for Approval.
a.
In granting a Specific Use Permit, the City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued for use of the building on such property pursuant to such Specific Use Permit and such conditions precedent to the granting of the Certificate of Occupancy.
b.
Any special conditions shall be set forth in writing in the ordinance granting the Specific Use Permit.
c.
Compliance Mandatory with Written Requirements.
No Specific Use Permit shall be granted unless the applicant, owner and grantee of the Specific Use Permit shall be willing to accept and agree to be bound by and comply with the written requirements of the Specific Use Permit, as attached to the Preliminary Site Plan drawing(s) and approved by the City Council.
d.
Timing.
1.
If required, a building permit shall be applied for and secured with six (6) months from the time of granting the Specific Use Permit, provide however, that the City Council may authorize an extension and the City Council may review the Site Plan for continued validity.
2.
If the Site Plan is determined invalid, the property owner(s) must submit a new or revised Site Plan for approval prior to any construction or application for building permit for the area designated for the Specific Use Permit.
e.
Enlargement, Modifications, or Structure Alternation.
1.
A building, premise, or land used under a Specific Use Permit may be enlarged, modified, structurally altered, or otherwise changed provided the changes do not:
A.
Increase the height of structures, including antenna support structures
B.
Increase building square footage from its size at the time the original Specific Use Permit was granted by greater than ten (10) percent
C.
Reduce the distance between a building or noise-generating activity on the property and an adjacent, off-site residential use. This provision shall not apply should the property and the residential use be separated by a major thoroughfare depicted on the City Thoroughfare Plan, or
D.
Reduce the amount of open space as indicated on the previously approved zoning exhibit.
2.
All other enlargements, modifications, structural alterations, or changes shall require the approval of a new Specific Use Permit.
f.
Zoning Map.
1.
When the City Council authorizes granting of a Specific Use Permit, the Zoning Map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, and said amendment is to indicate the appropriate zoning district for the approved use and prefixed by an “S” designation.
2.
Specific Use Permits granted shall be indicated by numerical designation on the Zoning District Map.
3.
Section 8.3. - Specific Use Permits of this ordinance shall list by the numerical designate each Specific Use Permit and the conditions approved.
4.
Specific Use Permits are issued to the property.
g.
Amend, Change, or Rescind a Specific Use Permit.
Upon holding a properly notified public hearing, the City Council may amend, change, or rescind a Specific Use Permit if:
1.
There is a violation of any of the provisions of this ordinance or any ordinance of the City that occurs on the property for which the Specific Use Permit is granted
2.
The building, premise, or land use under a Specific Use Permit is enlarged, modified, structurally altered, or otherwise significantly changed without approval of a separate Specific Use Permit for such enlargement, modification, structural alteration, or change
3.
Violation of any provision of the terms or conditions of a Specific Use Permit
4.
Ad valorem taxes of the property are delinquent by more than six (6) months
5.
The Specific Use Permit was obtained by fraud or with deception, or
6.
The advertisement of a zoning change or Specific Use Permit shall be initiated by staff upon receipt of applicants’ written response to City Staff’s recommendation. The response shall indicate whether the applicant agrees or disagrees with the City Staff recommendation. Where the applicant disagrees with any portion of the recommendation, the applicant shall cite the reasons for the disagreement.
(Ordinance 2020-13 adopted 10/13/20)
§ 6.14 APPEALS AND THE APPEAL PROCESS.
6.14.2
Appeal of an Administrative Decision.
a.
The City Council may hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance or Section 211.007, Texas Local Government Code as it exists or may be amended.
b.
In exercising the City Council’s authority herein, the City Council may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Council has the same authority as the administrative official.
6.14.3
Appeal of a Preliminary Site Plan.
The applicant may appeal the decision of the building inspector regarding a Preliminary Site Plan by submitting a written notice of appeal to the City.
a.
The applicant must submit in writing a notice of appeal no later than fourteen (14) calendar days from the date of such decision.
b.
The City Council shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the City.
c.
The City Council may affirm, modify, or reverse the decision.
d.
The City Council’s decision is final.
6.14.4
Appeal of a Site Plan.
The applicant may appeal the decision of the building inspector regarding a Site Plan by submitting a written notice of appeal to the City.
a.
The applicant must submit in writing a notice of appeal no later than fourteen (14) calendar days from the date of such decision.
b.
The City Council shall consider the appeal at a public meeting no later than forty-five (45) calendar days after the date on which the notice of appeal is submitted to the City.
c.
The City Council may affirm, modify, or reverse the decision.
d.
The City Council’s decision is final.
6.14.6
Appeal of a Minor PD Amendment Decision.
An applicant may appeal the denial of a minor amendment to the City Council in accordance Section 6.14.4. - Appeal of a Site Plan.
6.14.7
Judicial Review.
The City Council’s decision is final unless appealed to district court within ten (10) days after the Council’s decision is filed in the office of the city secretary. Such appeal must be made in accordance with Chapter 211 of the Texas Local Government Code. The Council’s decision is filed in the office of the city secretary when the Council votes and makes its decision in open session.
(Ordinance 2020-13 adopted 10/13/20)