A.

Pre-Application Conference. An applicant for development approval may request a pre-application conference with the Administrative Official. An applicant for plat approval must request a pre-application conference. Prior to the conference, the applicant shall provide a description of the character, location and magnitude of the proposed development. The purpose of this meeting is to acquaint the participants with the requirements of this Ordinance and the views and concerns of the City.

B.

Application Forms. Every application for development approval shall be in a form specified by the Administrative Official, and is subject to the requirements of Section 307 Application Completeness and Expiration.

C.

Standard Application Submission Cycle. Applications that will be reviewed by the Planning and Zoning Commission or the Board of Adjustment must be filed at least twenty-eight (28) days in advance of the scheduled public hearing, in order to allow adequate time for staff review. Note that this does not guarantee placement on a particular agenda date, as determination of completeness and publication requirements may require a longer timeframe.

D.

Fees. Application and administrative fees for the requirements of these regulations are established in the Portland Fee Schedule as adopted by ordinance. No application shall be processed until the established fee has been paid. This nonrefundable fee shall be established from time-to-time by the City Council to defray the actual cost of processing the application and providing public notice. No application fee shall be required when a text or map amendment is being proposed by the Administrative Official, City Manager, City Council or Planning and Zoning Commission.

E.

Accurate Information required. All required information and materials must contain accurate information. A finding of inaccurate information (e.g., incorrect easement locations, incorrect owner information) is grounds for application denial. Typos or grammatical errors alone do not constitute inaccurate information.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1140, § 1, 1-17-06; Ord. No. 2036, § 1, 4-5-11; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

The following procedures shall require public notice, as shown and further described below.

Note: Mailed notice may be required for certain text amendments that result in a nonconforming use. See Texas Local Government Code Sec. 211.006.a-1 for more information.

B.

Published Notice of Public Hearing. Whenever the provisions of this Ordinance require a public hearing before the Planning and Zoning Commission or City Council, notice shall be published in a newspaper of general circulation in the City of Portland at least fifteen (15) days before the public hearing.

C.

Mailed Notice of Public Hearing.

1.

General. Notice of required public hearings shall also be sent by mail to owners of real property within at least 200 feet of the lot lines of the land that is the subject of the application. Owners of real property shall be identified by reference to the most recent tax records. Notice shall be deemed mailed by virtue of its deposit with the United States Postal Service, properly addressed with postage prepaid.

2.

Planning and Zoning Commission and Zoning Board of Adjustment. Mailed notice shall be deposited in the US Mail before the tenth (10th) day before the Planning and Zoning Commission or Board of Adjustment public hearing.

3.

City Council. If a hearing before the City Council is required, such notice shall be mailed and postmarked at least fifteen (15) days before the City Council public hearing.

D.

Content of Published and Mailed Notice. Published and mailed notices shall provide at least the following information:

1.

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

2.

A summary of the subject property's legal description or a street address;

3.

The substance of the application;

4.

The time, date and location of the public hearing;

5.

A contact person at the City and their telephone number; and

6.

A statement that interested parties may appear at the public hearing and be heard with respect to the application.

E.

Continuation of Public Hearings. A public hearing for which proper notice was given may be continued to a later date without complying with the notice provisions above provided that the continuance is set for a date and time certain announced at the public hearing.

F.

Postponement of Public Hearing.

1.

Once a public hearing has been scheduled in accordance with this Section, the applicant may request postponement or withdrawal of the application by notifying the Administrative Official in writing by 12:00 noon on the Friday preceding the initially scheduled hearing.

2.

An applicant will be allowed no more than one postponement of a public hearing. If review of an application is postponed at the request of the applicant and set for hearing on a later date, the application will be reviewed at that time; no additional requests for postponement by the applicant shall be considered.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1140, § 1, 1-17-06; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

The following table summarizes the level of review for each development review procedure specified in this Ordinance.

Note: The Administrative Official may approve certain plats. See Sec. 317.B-1 and Texas Local Government Code Sec. 211-006.a-1 for more information.

• = Review and Report

º = Public Hearing and Recommendation

■ = Final Approval

♦ = Appeal

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

Permit Required. No person, company or corporation shall clear, grade or in any way alter vacant land within the incorporated limits of the City of Portland without first obtaining a permit from the Building Department.

B.

Exemptions. The provisions of this Section shall not apply to persons, companies or corporations that clear, grade or alter land for agricultural purposes.

C.

Application. Applicants for such permits shall provide proof of ownership or agency and a plan for pre-development. The pre-development plan shall identify the project site, all easements, rights-of-way and utilities. It shall address the purpose of the project, project duration, project hours and methods, including material disposal. The Administrative Official may require a drainage plan and run-off calculations to ensure grade changes do not adversely affect run-off or promote erosion.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1140, § 1, 1-17-06)

A.

No building, structure, patio, porch, deck, swimming pool, spa, sign, fence, or other similar structure shall be erected, constructed, altered, moved, converted, extended or enlarged, and no structure or manufactured home shall be placed on any lot, without the owner first having obtained a building permit from the Building Department. No parking lot shall be resurfaced, including seal coats, overlays, slurries, rehabilitations, or reconstructions, without the owner first having obtained a permit from the Building Department. Such permits shall require conformity with the provisions of this section and all other applicable City Ordinances.

B.

When issued, a building permit shall be valid for a period of six (6) months, at which time, construction must have begun. Once construction has begun, construction must be completed within two (2) years. One (1) six (6) month extension may be granted by the Building Official.

C.

The permit application shall include adequate information to allow the Administrative Official to determine compliance with this section, including, as necessary, site plans, elevations, construction details, etc.

D.

No building permits or utility connections shall be issued for any construction or existing structure on any lot, tract or plot of land in the City or within its extra-territorial jurisdiction, when applicable, without a plat properly recorded in the County records, except as expressly exempted in Section 212.012, Texas Local Government Code, or as amended.

E.

The City may require the installation of public improvements (sidewalks, curb and gutter, extension of water or sewer mains, etc.) as a condition of building permit approval or certificate of occupancy.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2079, § 1, 11-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

No building or premises shall be occupied until a certificate of occupancy has been issued by the Administrative Official.

B.

No change in the use, tenant, or occupancy of land or an existing building (except solely for single-family residential purposes) shall be made until a certificate of occupancy has been issued by the Administrative Official.

C.

No vacant land shall be occupied or used, except for agricultural uses, until a certificate of occupancy has been issued by the Administrative Official.

D.

A certificate of occupancy shall be applied for at the same time as a building permit, when such permit is required.

E.

Before issuing a Certificate of Occupancy, the Administrative Official shall require conformity with the provisions of this Ordinance and all other applicable City Ordinances. Every certificate of occupancy shall state that the new occupancy complies with the provisions of City Ordinances.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13)

A.

Zoning Regulations.

1.

Applicability. The following procedures shall apply to any zoning related plan or application that is required by the City and is submitted in accordance with this UDO.

2.

Determination of Completeness for Zoning Related Applications. Every required application shall be subject to a determination of completeness by the responsible official for processing the application.

a.

Acceptance Standard. The application shall only be accepted by the responsible official for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this UDO. A typographical error shall not, by itself, constitute an incomplete application.

b.

Acceptance Procedures. A determination of completeness of an application shall be conducted in accordance with the following procedures:

i.

A determination of completeness shall be made by the responsible official not later than the tenth (10th) business day, unless otherwise specified, after the official vesting date.

ii.

If the submitted application is incomplete, then the applicant shall be notified in writing not later than the tenth (10th) business days after the official vesting date.

a)

Such notice shall be served by depositing it in the U.S. Postal Service, or by electronic mail transmission, before the tenth (10th) business day following submission of the application.

b)

The notification shall specify the documents or other information needed to complete the application, and shall state the date the application will expire (see 4 below) if the documents or other information are not provided to the City.

iii.

An application shall be deemed complete on the eleventh (11th) business day after the application has been received if notice is not served in accordance with ii above.

iv.

If the application is determined to be complete, the application shall be processed as prescribed by this UDO.

c.

Acceptance shall not Constitute Compliance. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this section.

d.

Acceptance shall not Guarantee Approval. It is not guaranteed that an accepted, complete application will be approved, if after the application is deemed complete it is determined that the application does not comply with this UDO.

3.

Re-Submittal after Notification of Incompleteness.

a.

If the application is re-submitted after a notification of incompleteness within the time allotted in subsection 2.b.ii above, the application shall be processed upon receipt of the re-submittal.

b.

To the extent that the information or documents submitted is not sufficient to enable the decision-maker to apply the criteria for approval, the application may be denied on such grounds.

4.

Expiration of a Zoning Related Application due to Incompleteness. Pursuant to Texas Local Government Code Chapter 245 (or as amended), a zoning related application shall automatically expire at the close of business on the forty-fifth (45th) calendar day after the application's official vesting date, if:

a.

The applicant fails to provide documents or other information necessary to comply with the City's technical requirements relating to the form and content of the permit application;

b.

The City provides to the applicant, not later than the tenth (10th) business day after the date the application is filed, written notice that specifies the necessary documents or other information, and the date the application will expire if the documents or other information is not provided; and

c.

The applicant fails to provide the specified documents or other information necessary to comply with the City's requirements relating to the application within the time provided in the notification.

5.

Zoning Amendment Application.

a.

Complete Applications Required. No zoning amendment application shall be accepted for filing or processing unless such request is accompanied by a completed application and all documents required by and prepared in accordance with the requirements of the zoning regulations and any other applicable ordinance and it is filed with the Administrative Official.

b.

Texas Local Government Code Chapter 245 does not apply to zoning amendment applications. Chapter 245 of the Texas Local Government Code, as amended, shall not apply to a zoning amendment application or an ordinance establishing zoning since neither is a permit under this UDO or Chapter 245.

c.

Denial of Zoning Applications.

i.

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 grounds for denial or revocation of such application.

ii.

A typographical error shall not constitute an incomplete application.

iii.

The applicant may be notified of such denial or revocation for an incomplete zoning application in writing.

6.

Vesting Begins on the Official Vesting Date. An application shall be vested into the standards of the UDO in effect at the time of the application's official vesting date.

7.

Submission of Previously Decided Zoning Related Application. After the final decision on a specific application by the decision-maker, the same application shall not be submitted again until after six (6) months from the decision-maker's action.

B.

Subdivision Regulations.

1.

Applicability. The following procedures shall apply to any subdivision related plan or application that is required by the City and is submitted in accordance with this UDO.

2.

Determination of Completeness for Subdivision Related Applications. Every required application shall be subject to a determination of completeness by the responsible official for processing the application.

a.

Acceptance Standards. The application shall only be accepted by the responsible official for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this UDO. A typographical error shall not, by itself, constitute an incomplete application.

b.

Acceptance Procedures. A determination of completeness of an application shall be conducted in accordance with the following procedures:

i.

A determination of completeness shall be made by the responsible official not later than the tenth (10th) business day, unless otherwise specified, after the official vesting date.

ii.

If the submitted application is incomplete, then the applicant shall be notified in writing not later than the tenth (10th) business day after the official vesting date.

a)

Such notice shall be served by depositing it in the U.S. Postal Service, or by electronic mail transmission, before the tenth (10th) business day following submission of the application.

b)

The notification shall specify the documents or other information needed to complete the application, and shall state the date the application will expire (see subsection 5. below) if the documents or other information are not provided to the City.

iii.

An application shall be deemed complete on the eleventh (11th) business day after the application has been received if notice is not served in accordance with ii above.

iv.

If the application is determined to be complete, the application shall be processed as prescribed by this UDO.

c.

Acceptance shall not Constitute Compliance. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this UDO.

d.

Acceptance shall not Guarantee Approval. There is no implied intent or guarantee that an accepted and completed application will be approved, if after the application is deemed complete, it is determined that the application does not comply with this UDO.

3.

Re-Submittal after Notification of Incompleteness.

a.

If the application is re-submitted after a notification of incompleteness, the application shall be processed upon receipt of the re-submittal.

b.

The statutory 30-day time frame for plat approvals shall begin on the date of the re-submittal.

c.

To the extent that the information or documents submitted is not sufficient to enable the decision-maker to apply the criteria for approval, the application may be denied on such grounds.

4.

Waiver of Right to 30-Day Action. The Administrative Official shall be the responsible official to approve a waiver of right to 30-day action.

a.

Request. An applicant may submit in writing a waiver of right to 30-day action.

b.

Received.

i.

If the applicant is requesting a waiver of right to 30-day action, the waiver of right to 30-day action must be received by the Administrative Official on or before the seventh (7th) calendar day prior to the Planning and Zoning Commission meeting at which action would have to be taken (based on the 30-day requirement in State law) on the application.

ii.

Waiver requests that are not received by that day shall not be considered properly submitted, and action shall be taken on the application at such meeting as scheduled.

c.

Requirements Maintained.

i.

Submission of a waiver of right to 30-day action, and acceptance of such waiver by the City as part of an application, shall not be deemed in any way a waiver to any requirement within this UDO.

ii.

A waiver from requirements herein is a separate and distinct process (see Section 314 Petition for a Subdivision Waiver).

5.

Expiration of a Subdivision Related Application—Before Approval Decision. Pursuant to Texas Local Government Code Chapter 245 (or as amended), a subdivision related application shall automatically expire (ending all vesting claims) at the close of business on the forty-fifth (45th) calendar day after the application's official vesting date, if:

a.

The applicant fails to provide documents or other information necessary to comply with the City's technical requirements relating to the form and content of the permit application;

b.

The City provides to the applicant, not later than the tenth (10th) business day after the date the application is filed, written notice that specifies the necessary documents or other information, and the date the application will expire if the documents or other information is not provided; and

c.

The applicant fails to provide the specified documents or other information necessary to comply with the City's requirements relating to the application within the time provided in the notification.

6.

Vesting Begins on the Official Vesting Date. An application shall be vested into the standards of the UDO in effect at the time of the application's official vesting date.

7.

Right to 30-Day Action for Plats Applications Begins on the Official Submission Date. The statutory 30-day time frame for plat approvals, established by TLGC 212 (or as amended), shall commence on the official submission date.

(Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

Editor's note— Ord. No. 2065, § 1, adopted Feb. 5, 2013, renumbered the former §§ 307 and 308 as §§ 308 and 309 and enacted a new § 307 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

Authority. The Administrative Official shall have authority to make all written interpretations concerning the provisions of this Ordinance and the Official Zoning Map.

B.

Request for Interpretation. An applicant for a permit may request a written interpretation. Such request shall be submitted to the Administrative Official.

C.

Interpretation by Administrative Official. Within ten (10) working days after a request for interpretation has been submitted, the Administrative Official shall:

1.

Review and evaluate the request in light of the text of this Ordinance, the Official Zoning Map, the Comprehensive Plan and any other relevant information;

2.

Consult with other staff, as necessary; and

3.

Render an opinion.

The interpretation shall be provided to the applicant in writing by mail.

D.

Official Record. The Administrative Official shall maintain an official record of interpretations. The record of interpretations shall be available for public inspection during normal business hours.

E.

Appeal. To appeal written interpretations made by the Administrative Officer, the procedure set forth in Section 309 shall be followed.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13)

Note— See the editor's note to § 307.

A.

Who May Appeal. An appeal may be taken to the Board of Adjustment by any person, firm, or corporation or any officer or department affected by a decision of any administrative official within thirty (30) days of notice of the decision.

B.

Application. The applicant must file a notice of appeal specifying the grounds for the appeal with the Board and the official from whom the appeal is taken. The burden of proof shall be upon the applicant.

C.

Powers of the Board. The Board may reverse or affirm or may modify the decision made by the administrative official, and to that end the Board shall have all the powers of the official from whom the appeal is made.

D.

Board Hearing and Action.

1.

The Board shall fix a reasonable time for the hearing of the appeal. Upon the hearing, any party may appear in person or by agent. The Board shall decide the appeal within a reasonable time.

2.

In considering such an appeal, the Board of Adjustment shall review the decision and public testimony in light of the Comprehensive Plan, this Ordinance and the Official Zoning Map, and any other land use policies adopted by the Planning and Zoning Commission or City Council, whichever are applicable.

3.

The Board of Adjustment shall affirm, modify or reverse the decision of the Administrative Official in interpreting the provisions of this Ordinance and the Official Zoning Map. (See Section 203.C.4) The Board of Adjustment shall modify or reject the decision only if it is not supported by substantial competent evidence or if the decision is deemed contrary to the intent and purpose of the Comprehensive Plan, this Ordinance or the Official Zoning Map.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13)

Note— See the editor's note to § 307.

A.

Zoning Vested Rights Petition.

1.

Purpose. The purpose of a zoning vested rights petition is to determine whether one or more standards of this UDO should not be applied to a plan or application, or whether certain permits are subject to expiration.

2.

Applicability of a Zoning Vested Rights Petition. A zoning vested rights petition may be filed for an application, permit, or plan required under these zoning regulations.

3.

Petition Submission.

a.

A zoning vested rights petition shall be submitted to the City's responsible official in accordance with the Texas Local Government Code, Chapter 245 or successor statute.

b.

Submission of such petition shall stay further proceedings on the related application until a final decision is reached on the zoning vested rights petition.

4.

Petition Form Requirements. The zoning vested rights petition shall allege that the petitioner has a vested right that requires the City to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include, at a minimum, the following information and documents:

a.

Basic Owner Information. The name, mailing address, phone number and email address of the property owner (or the property owner's duly authorized agent).

b.

Identification of Property and "Project."

i.

Identification of the property for which the property owner claims a vested right.

ii.

Identification of the "project," as that term is defined in Chapter 245 at 245.001(3).

iii.

A chronology of the history of the "project," with special emphasis on facts establishing that the project was in progress on or commenced after September 1, 1997, as required by Chapter 245 at 245.003.

c.

Narrative Description for Purpose of Petition. A narrative description of the grounds for the petition, including a statement as to whether the petition asserts a vested right related to a specific regulation or to an entire project.

d.

Identification Regulations.

i.

Identification of all City regulations in effect at the time the original application for the permit was filed that (a) the owner contends are vested and (b) the owner contends controls the approval, disapproval, or conditional approval of an approval for a permit, pursuant to Chapter 245 at 245.002(a) and (b).

ii.

Identification of all City regulations, with particularity and in detail, that the property owner contends do not apply to the project due to the vested rights provided the property owner by Chapter 245.

a)

Global references to a particular ordinance, or set of criteria, may be deemed insufficient and the City may consider the request for a vested rights determination to be incomplete and, hence, not subject to a staff determination at that time.

iii.

Identification of any current City regulations which petitioner agrees can be applied to the application at issue.

e.

Copies of Applications. A copy of each approved or pending application which is the basis for the contention that the City may not apply current standards to the application which is the subject of the petition.

f.

Submittal Date of First Application. The submittal date of the first application that began the vesting process (i.e., first permit in the series of permits required for the project), as identified in Section 307 Application Completeness and Expiration.

g.

Submittal Date of Subsequent Application. If applicable, the submittal dates of subsequent applications for the permits for the project.

h.

Narrative Description of How Current Regulations Affect Proposed Use. A narrative description of how the application of current regulations affect proposed use of the land, landscaping, open space, or park dedication, lot size, lot dimensions, coverage or building size shown on the application for which the petition is filed.

i.

Copies of Prior Vested Rights Determinations. A copy of any prior vested rights determination involving the same land.

j.

Benchmarking Project Progress for Expiring Permits or Applications. Whenever the petitioner alleges that a permit or application subject to expiration should not be terminated, a description of the events constituting progress toward completion of the project for which the permit subject to expiration was approved.

5.

Validity and Expiration of Different "Permits" for Vesting Purposes.

a.

Required Plan Validity and Expiration.

i.

Required Plan. An approved site plan, Specific Use Permit's site plan, or PUD's site plan shall be considered a "permit" as described by State law in Chapter 245.005, as amended, of the Texas Local Government Code (TLGC) and herein be referred to as "Required Plan."

ii.

Appropriate Approval Required for a "Permit." A required plan shall not be considered a "permit" unless, it has been approved by the appropriate entity before the effective date of these regulations, or an application for a required plan is complete as of the effective date of these regulations.

iii.

Required Plan Expiration. Any approved required plan shall be deemed expired two (2) years from the date on which the required plan was originally approved by the appropriate entity if no progress (see subsection iv. below) has been made toward completion of the project.

iv.

Progress Benchmarks. The term "progress" shall be as defined based on TLGC Chapter 245.005 as follows:

a)

Plans for construction and an application for a building permit for at least one of the buildings on the approved required plan are submitted within two (2) years following approval of the required plan;

b)

A good-faith attempt is made to file with the City an application for a permit necessary to begin or continue towards completion of the project;

c)

Costs 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 (5%) of the most recent appraised market value of the real property on which the project is located;

d)

Fiscal security is posted with the City to ensure performance of an obligation required by the City; or

e)

Utility connection fees for the project have been paid to the City.

v.

Required Plan Expiration. If one of the items listed in subsections iv.a) through iv.e) above is not accomplished within the two (2) year period, the approved required plan shall expire upon the second (2nd) anniversary of its approval by the appropriate entity, and shall become null and void.

vi.

Required Plan Extension and Reinstatement Petition.

a)

Prior to the expiration of a required plan, the applicant may petition the City (in writing) to extend the required plan approval.

b)

The Administrative Official shall be the responsible official for processing and review of the application.

c)

Such petition shall be recommended for approval or denial by the Planning and Zoning Commission, and shall be granted approval or denied by the City Council.

d)

If no petition is submitted, then the required plan shall be deemed to have expired and shall become null and void.

i)

Any new request for required plan approval thereafter shall be deemed a "new permit," and shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section.

ii)

The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

e)

In determining whether to grant a request for extension, the Planning and Zoning Commission and City Council shall take into account the following:

i)

The ability of the property owner to comply with any conditions attached to the original approval; and

ii)

The extent to which development regulations would apply to the required plan at that point in time.

6.

Decision of a Zoning Vested Rights Petition.

a.

Review of a Zoning Vested Rights Petition. The responsible official shall promptly forward the owner's vested rights request, along with any supporting information or documentation provided along with the request, to the Administrative Official and City Attorney for their respective reviews.

b.

Decision on a Zoning Vested Rights Petition.

i.

The Administrative Official, after consultation with the City Attorney, shall issue a final administrative determination of whether a vested right exists in relation to the project, and shall identify, with particularity, all claims for vested rights exists in relation to the project, and shall identify, with particularity, all claims for vested rights that have been granted and all claims for vested rights that have been denied.

ii.

The Administrative Official shall issue a final administrative determination with thirty (30) business days from the receipt of the responsible official.

c.

Vesting Pre-Determination Conference. Prior to rendering the final determination, the Administrative Official may request a pre-determination conference with the owner to discuss the owner's vested rights claim and to ensure that the nature of the claim is fully and completely understood by the Administrative Official prior to a final determination being rendered.

7.

Appeal to the Council of a Decision on a Zoning Vested Rights Petition.

a.

If the property owner believes that the Administrative Official's vested rights determination is in error, the property owner or City Council shall have the right to appeal within thirty (30) business days of such determination to the City Council, which will have jurisdiction to hear and decide the appeal pursuant to this UDO and Chapter 211 of the Texas Local Government Code.

b.

The property owner may also request the Board of Adjustment to grant a zoning variance from the regulations at issue under the same standards governing variances for other matters, as set forth in this UDO and/or Chapter 211 of the Texas Local Government Code.

8.

Judicial Review. Should the property owner or any aggrieved person be dissatisfied with the actions of the City Council, they may avail themselves of all legal remedies to review the decision as set forth in Section 211.011 of the Texas Local Government Code.

9.

Binding Determination.

a.

The Administrative Official's final determination, if not appealed to the City Council within thirty (30) business days, shall be immediately filed in the City's files related to the project and the determination shall be considered binding upon the City and the property owner for the duration of the project.

b.

Similarly, any decision by the City Council regarding a vested right claim, if not timely appealed pursuant to Section 211.011 of the Texas Local Government Code, shall be filed in the City's files related to the project and the determination shall be considered binding upon the City and the property owner for the duration of the project.

c.

Notwithstanding the binding nature of the Administrative Official's final determination and any ruling by the City Council, the City and the property owner may, at any time, enter into a development agreement that, to the extent authorized by law, modifies the final determination and the applicable development regulations to be applied to the project.

10.

Action on Petition and Order.

a.

Action on the Petition. The Administrative Official or City Council on the petition or appeal may take any of the following actions:

i.

Deny the relief requested in the petition, and direct that the application shall be reviewed and decided under currently applicable standards;

ii.

Grant the relief requested in the petition, and direct that the application be reviewed and decided in accordance with the standards contained in identified prior regulations; or

iii.

Grant the relief requested in part, and direct that certain identified current standards be applied to the application, while standards contained in identified prior regulations also shall be applied.

B.

Subdivision Vested Rights Petition.

1.

Purpose. In accordance with the Texas Local Government Code, Chapter 245 or successor statute, the purpose of a subdivision vested rights petition is to determine whether an application should be processed under the terms of a previous ordinance, to provide a process for determination of possible vested status, and to determine when certain permits are subject to expiration.

2.

Applicability of a Subdivision Vested Rights Petition. A subdivision vested rights petition may be submitted for any application authorized by these subdivision regulations.

3.

Petition Submission.

a.

Filing. A subdivision vested rights petition shall be submitted to the City's responsible official and shall be in accordance with the Texas Local Government Code, Chapter 245 or successor statute.

b.

Automatic Waiver. Submission of a subdivision vested rights petition shall require a waiver of right to 30-day action (see Section 307.B.4 above).

c.

Stay of Further Proceedings. Submission of a subdivision vested rights petition shall stay further proceedings on the related application until a final decision is reached on the subdivision vested rights petition.

4.

Time for Filing a Petition and Application.

a.

A subdivision vested rights petition shall be filed jointly with an application for which a vested right is claimed.

b.

A subdivision vested rights petition may be filed without a joint application if the petition is filed pursuant to subsection 11. below.

c.

Where more than one application is authorized to be filed simultaneously by this UDO, the petition may be filed simultaneously for each application.

5.

Petition Requirements. The subdivision vested rights petition shall allege in writing that the applicant has a vested right for some or all of the land subject to the application under Texas Local Government Code, Chapter 245 or successor statute, or pursuant to Texas Local Government Code, Section 43.002 or successor statute, that requires the City to review and decide the application under standards that were in effect prior to the effective date of the currently applicable standards. The petition shall include the following information and documents:

a.

The name, mailing address, phone number and email address of the property owner (or the property owner's duly authorized agent).

b.

A narrative description of the grounds for the petition, including a statement as to whether the petition asserts a vested right related to a specific standard or to an entire project;

c.

A copy of each approved or pending application which is the basis for the contention that the City may not apply current standards to the application which is the subject of the petition;

d.

The official vesting date of the application;

e.

The date the subdivision for which the application was submitted was commenced;

f.

Identification of all standards otherwise applicable to the application from which relief is sought;

g.

Identification of any current standards which applicant agrees can be applied to the application at issue;

h.

A narrative description of how the application of current standards affect proposed landscaping, open space or park dedication, shown on the application for which the petition is filed;

i.

A copy of any prior vested rights determination involving the same land; and

j.

Whenever the applicant alleges that an application subject to expiration should not be terminated, a description of the events constituting progress towards completion of the subdivision for which the application was approved.

6.

Decision of a Subdivision Vested Rights Petition.

a.

Reviewing a Subdivision Vested Rights Petition.

i.

The responsible official for a subdivision vested rights petition is the same as that for reviewing the application with which the petition is associated.

ii.

Where multiple applications are submitted, and there is more than one responsible official, the decision of each responsible official shall be coordinated with that of any other responsible official on the subdivision vested rights petition.

iii.

The City Attorney shall also be notified of the subdivision vested rights petition following its filing and acceptance for processing.

iv.

The applicant shall reimburse the City for all related legal costs for review of a subdivision vested rights petition. This reimbursement shall be paid in full prior to filing of the final plat.

b.

Decision by the Responsible Official on a Subdivision Vested Rights Petition.

i.

If the responsible official is the decision-maker on the original related application, that official shall determine whether the relief requested in the subdivision vested rights petition should be granted in whole or in part, and shall formulate a written report summarizing the decision-maker's reasoning and recommendation.

ii.

The applicant shall be notified of the decision within fourteen (14) calendar days following the date the subdivision vested rights petition was filed at the City.

iii.

The responsible official may defer making a decision on the subdivision vested rights petition and instead forward the petition to the Planning and Zoning Commission for a decision, in accordance with the process outlined in subsection c. below.

c.

Decision by Planning and Zoning Commission on a Subdivision Vested Rights Petition.

i.

If the original related application is to be decided by the Planning and Zoning Commission, or if the responsible official defers making a decision on a subdivision vested rights petition pursuant to subsection b.iii. above, the responsible official for that type of application shall submit a report in the form of a recommendation on the petition to the Planning and Zoning Commission.

ii.

The Planning and Zoning Commission shall render a decision on the petition within thirty (30) calendar days following the date the petition was filed at the City or deferred by the responsible official.

iii.

The Planning and Zoning Commission's decision on a petition shall be upon a simple majority vote of the full Planning and Zoning Commission's voting members.

d.

Decision by City Council on a Subdivision Vested Rights Petition.

i.

Where the City Council is the final decision-maker on the related application, or for any petition submitted pursuant to subsection 11. below, the responsible official for that type of application shall submit a report in the form of a recommendation on the petition to the City Council.

ii.

The City Council shall render a decision on the petition within thirty (30) calendar days following the date the petition was filed at the City.

iii.

The City Council's decision on a petition shall be upon a simple majority vote of the full City Council's voting members, and shall be final.

e.

Appeal to the Council of a Decision on Subdivision Vested Rights Petition.

i.

The applicant may appeal the responsible official's or Planning and Zoning Commission's decision on the subdivision vested rights petition to the City Council by submitting written notice of appeal to the applicable responsible official within fourteen (14) calendar days following the date of such decision.

a)

A letter stating the reasons for the appeal, citing the specific applicable section(s) of the UDO, shall be submitted by the applicant.

ii.

The City Council shall hear and decide the appeal within thirty (30) calendar days following receipt of the notice of appeal by the City.

iii.

Approval of an appeal by the City Council shall only be upon a favorable vote of at least four (4) of the City Council's voting members, and shall be final.

7.

Criteria for Subdivision Vested Rights Petition Approval.

a.

Factors. The decision-maker shall decide the subdivision vested rights petition based upon the following factors:

i.

The nature and extent of prior applications filed for the land subject to the petition;

ii.

Whether any prior vested rights determinations have been made with respect to the property subject to the petition;

iii.

Whether any prior approved applications for the property have expired or have been terminated in accordance with State law or local ordinances;

iv.

Whether current standards adopted after commencement of the project affect proposed use of the land, landscaping, open space or park dedication, lot size, lot dimensions, lot coverage or building size based upon the proposed application;

v.

Whether any statutory exception applies to the standards in the current subdivision regulations from which the applicant seeks relief;

vi.

Whether any prior approved applications relied upon by the applicant have expired; and

vii.

Any other applicable provisions outlined in Chapter 245 or Section 43.002 of the Texas Local Government Code, or successor statutes.

b.

Conditions for a Pending Application. If the claim of vested rights is based upon a pending application, subject to standards that have been superseded by current standards of this UDO, the decision-maker may condition any relief granted on the subdivision vested rights petition on the approval of the pending application.

8.

Action and Record of Action on the Subdivision Vested Rights Petition.

a.

Action. The decision-maker may take any of the following actions:

i.

Deny the relief requested in the petition, and direct that the application shall be reviewed and decided under currently applicable standards; or

ii.

Grant the relief requested in the petition, and direct that the related application be reviewed and decided in accordance with the standards contained in identified prior regulations; or

iii.

Grant the relief requested in part, and direct that certain identified current standards be applied to the related application, while standards contained in identified prior regulations also shall be applied.

b.

Record. The responsible official's report and the decision on the subdivision vested rights petition shall be recorded in writing in an order identifying the following:

i.

The nature of the relief granted, if any;

ii.

The related application(s) upon which relief is premised under the petition;

iii.

Current standards which shall apply to the related application for which relief is sought, if applicable;

iv.

Prior standards which shall apply to the related application for which relief is sought, including any procedural standards, if applicable;

v.

The statutory exception or other grounds upon which relief is denied in whole or in part on the petition; and

vi.

To the extent feasible, subsequent related applications that are subject to the same relief granted on the petition.

9.

Effect of the Final Petition Decision on Related Applications.

a.

Petition Decision Required Before Proceeding with Application. A final decision on the subdivision vested rights petition must be achieved prior to further processing, and prior to any consideration of, or decision on, the related application.

b.

Revision Made (if necessary) to Related Application after Petition Decision. Following the City's final decision on a petition, the applicant shall, if necessary, revise the related application such that it conforms to the City's decision on the petition.

c.

Related Applications with Revisions. After submission of a revised related application, the decision-maker on the related application shall review and consider the revised application in accordance with the procedures for deciding that type of application, as outlined in this UDO, and in conformity with any relief granted.

d.

Related Applications without Revisions. If the relief granted on the petition is consistent with the related application on file, no revisions shall be necessary, and the related application shall be deemed submitted at the time of the final decision on the petition.

10.

Expiration and Extension of a Subdivision Vested Rights Petition.

a.

Expiration. Relief granted on a subdivision vested rights petition shall expire on occurrence of one of the following events:

i.

The applicant fails to submit a revised application that is consistent with the relief granted, if any, within sixty (60) calendar days following the final decision on the petition;

ii.

The application for which relief was granted on the petition is denied; or

iii.

The application for which relief was granted on the petition expires.

b.

Extension. Extension of the date of expiration for the application for which relief was granted on a petition shall result in extension of the relief granted on the petition for the same time period.

11.

Dormant Projects.

a.

Definitions. For purposes of this section only:

i.

Dormant Project. A dormant project shall meet the following criteria:

a)

An Initial Permit does not have an expiration date; and

b)

No progress towards completion has been made within the project.

ii.

Initial Permit. Initial permit means any of the following types of approvals granted under these subdivision regulations, or any predecessor subdivision or development-related regulation or ordinance that was in effect prior to the adoption of this UDO:

a)

Preliminary Plat;

b)

Construction Plans;

c)

Construction Release;

d)

Subdivision waivers to any requirement in these UDO subdivision regulations (per Section 314, Petition for a Subdivision Waiver); or

e)

Any other application that was approved subject to a schematic drawing illustrating the location, arrangement, orientation or design of development, lots or improvements on a site intended for development.

iii.

Final Permit. Final permit means a final plat approved under these UDO subdivision regulations, or any predecessor subdivision or development-related regulation or ordinance that was in effect prior to the adoption of this UDO.

b.

Expiration Date Established for an Initial Permit. Any application for an Initial Permit that was approved or filed two (2) years prior to the adoption date of this UDO, and was not subject to an expiration date shall expire on the effective date of this UDO.

c.

Reinstatement of an Expired Initial Permit.

i.

The property owner of the land subject to an Initial Permit that expires under b above may petition the City Council to reinstate such initial permit by filing a written petition within one (1) year following the effective date of this UDO.

ii.

The petition shall clearly state the grounds for reinstatement, and shall be accompanied by documentation the following:

a)

As of two (2) years prior to the effective date of this UDO, one of the following events had occurred:

i)

A final permit to continue toward completion of the project was submitted to the City for all or part of the land subject to the approved initial permit and was approved by the City, or was filed and was subsequently approved by the City;

ii)

An application for a final permit to continue toward completion of the project was submitted to the City for all or part of the land subject to the expired initial permit, but such application was rejected on grounds of incompleteness (consistent with Texas Local Government Code, Chapter 245.005(c)(2), or as amended);

iii)

Costs for development of the land subject to the initial permit, including costs associated with roadway, utility and other infrastructure facilities designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of five percent (5%) of the most recent appraised market value of the land;

iv)

Fiscal security was posted with the City to guarantee performance of obligations required under these subdivision regulations, including the construction of required improvements associated with the proposed development, for all or a part of the land subject to the approved initial permit; or

v)

Utility connection fees for all or part of the land subject to the approved initial permit were paid to the City.

iii.

City Council Action on Reinstatement of a Dormant Project's Expired Initial Permit. The City Council may take one of the following actions:

a)

Reinstate the expired initial permit without an expiration date, if it finds that the applicant has met any one of the criteria listed in subsection ii.a) above.

b)

Reinstate the initial permit for all or part of the land subject thereto, if it finds that the applicant has met any one of the criteria listed in subsection ii.a) above, subject to expiration dates or other conditions that ensure that the remaining land that is not subject to an approved or pending final permit application will be developed in a timely fashion.

c)

In granting relief under this provision, the City Council may require that development of such remaining land is subject to standards enacted after approval of the initial permit.

d)

Deny the reinstatement petition, if it finds that the applicant has failed to meet any of the criteria in subsection c. above); or

e)

Reinstate the permit for only that part of the land subject to a pending final permit application, if it finds that the applicant has met the criteria in subsection ii.a) above and the pending application subsequently was approved, and deny the reinstatement petition for the remaining land subject to the expired initial permit.

(Ord. No. 2065, § 1, 2-5-13)

Editor's note— Ord. No. 2065, § 1, adopted Feb. 5, 2013, renumbered §§ 310—313 as §§ 315—318 and enacted new §§ 310, 311, 313 and 314, as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

Purpose. The purpose of the site plan process is to establish a procedure for coordinating and verifying improvements to properties. Through site plan review, zoning standards and other applicable municipal standards or ordinances that may apply to specific site development can be uniformly implemented by the City for nonresidential or multi-family development. This process is intended to promote, among other items, the efficient and harmonious use of land, safe and efficient vehicular and pedestrian circulation, parking and loading, lighting, screening, open space, landscaping, and natural features.

B.

Applicability.

1.

Requirement. No building permit shall be issued for any applicable developments or any on-site construction/development activity shall occur unless a site plan is first approved by the City.

2.

Development Requiring Site Plans.

a.

All nonresidential, multi-family (five (5) or more units on one (1) lot), or mixed-use development within the City's corporate limits, except as provided in subsection D. below, require an approved site plan.

b.

Parking lot development, reconstruction, or reconfiguration of more than twenty (20) spaces requires an approved site plan.

3.

Public Hearings. A public hearing on a site plan is not required unless a site plan is prepared in conjunction with a rezoning application.

4.

Effect. No certificate of occupancy shall be issued unless all construction and development conform to the site plan as approved by the City.

C.

Approval and Process.

1.

The approval of a site plan related to a building permit or construction/development application requires approval by the Administrative Official. The site plan may be processed as part of a PUD submittal (see Sec. 316).

2.

Site Plan Process Overview. The purpose of the site plan process is to:

a.

Ensure compliance with adopted City development regulations and other applicable regulations that apply to the property for which the City has enforcement responsibility;

b.

Promote safe, efficient and harmonious use of land through application of City-adopted design standards and guidelines;

c.

Promote the vision established by the Comprehensive Plan;

d.

Ensure adequate public facilities to serve development;

e.

Coordinate and document the design of public and private improvements to be constructed;

f.

Prevent or mitigate adverse development impacts, including overcrowding and congestion;

g.

Aid evaluation and coordination of land subdivision, including the granting of easements, right-of-way, development agreements and provision of surety;

h.

Identify and address environmental concerns (floodplain, drainage, trees, topography, etc.); and

i.

Promote the public health, safety and welfare.

D.

Site Plan Exempted Development. The following types of development are exempted from these requirements:

1.

Agricultural uses or buildings on tracts ten (10) acres or greater; and

2.

Temporary buildings for new construction.

E.

Submission of Site Plan Applications.

1.

Coordinating Official. Applications for approval of plans required by this section must be submitted to the Administrative Official.

2.

Calendar of Official Processing Dates. A calendar of official processing dates for items requiring Staff review shall be published annually by the City.

3.

Late Application Processing Date. All applications required by this section filed on a date other than an official processing date shall be processed according to the schedule established by the subsequent official processing date appearing on the calendar after the filing date and after the date of receipt of the application.

F.

Fees, Forms and Procedures.

1.

Schedule of Fees. The fees relating to the site plan approval process shall be established by the fee schedule.

2.

Delinquent Taxes. No site plan shall be approved for properties with delinquent City taxes.

3.

Procedures, Forms and Standards. The Administrative Official shall establish procedures, forms and standards with regard to the content, format and number of copies of information constituting an application for a site plan.

G.

Site Plan.

1.

Site Plan Application Procedure and Requirements.

a.

Site Plan Pre-Application.

i.

Before preparing a site plan, the applicant may meet with the Administrative 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.

ii.

No application for a permit may be submitted to or accepted for filing with the Administrative Official during the meeting.

b.

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 site plan application form and checklist, which shall be created and maintained by the Administrative Official.

c.

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:

i.

Final plat or replat;

ii.

Engineering plans or construction plans;

iii.

Traffic Impact Analysis, if applicable (see Sec. 607.Z);

iv.

Landscape plans;

v.

Flood Study, if required;

vi.

Other approvals as required by ordinance or resolution; or

vii.

Tax certificate.

d.

Site Plan Standards of Approval.

i.

Administrative Official Approval. The Administrative Official may approve, conditionally approve, or deny a site plan based upon the criteria listed below.

ii.

Approval Criteria.

a)

Conformance with the Comprehensive Plan and adopted design guidelines.

b)

Compliance with this UDO and other applicable regulations and previously approved, valid plans for the property.

c)

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.

d)

The width, grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

e)

The use of landscaping and screening to provide adequate buffers to shield lights, 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.

f)

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

g)

Protection and conservation of soils from erosion by wind or water or from excavation or grading.

h)

Protection and conservation of water courses and areas subject to flooding.

i)

The adequacy of streets, water, drainage, wastewater, storm water facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.

j)

The design of adjacent public street improvements and right-of-way including existing or proposed deceleration lanes, median openings and left turn bays, location of driveways, drive aisles, cross access between internal developments, and access to properties adjacent to the subject site.

k)

The City shall not take action on a site plan for property where City taxes are delinquent.

e.

Site Plan Effect.

i.

Approval of a site plan is the City's authorization to apply for a final plat, approval of building permits and to receive approval of engineering plans. Approval of a site plan does not give authorization for commencing construction.

ii.

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.

iii.

Site plan approval is separate and distinct from other permits and approvals as may be required by the City and other regulatory agencies.

iv.

Approval of a site plan shall not affect other applicable regulations concerning development and land use.

v.

Except where authorized by ordinance, a site plan may not be used to approve a variance to development regulations.

vi.

Where an approved plan conflicts with an adopted regulation and no variance or special exception is expressly approved, the regulation shall apply.

f.

Site Plan Lapse.

i.

Two (2) Year Effective Period.

a)

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 Administrative Official. At the end of this time, the site plan shall expire unless the applicant demonstrates to the Administrative Official that progress has been made towards completion of the project for which the site plan was approved.

b)

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.

c)

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 shall expire.

ii.

Expired Site Plans.

a)

For all expired site plans, the applicant shall be required to submit a new site plan subject to the existing regulations (see Section 311.G.1 above).

b)

Site plan approval shall expire upon completion of the improvements shown on the plan. Permits must remain valid during the construction process.

c)

Subsequent additional development, site modifications and redevelopment shall be considered a new project subject to the then existing ordinances, laws and regulations of the City.

H.

Revocation of Site Plan Approval. The Administrative Official may revoke approval of a 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.

I.

Design Standards and Specifications. The following design standards and specifications, as they exist or may be amended, are required in addition to the design standards and specification set forth in this UDO:

1.

Zoning Regulations;

2.

Subdivision Regulations;

3.

Fire Code;

4.

Engineering Standards;

5.

Any design standards and specifications approved by the City Council following the enactment of this provision; and

6.

Building Code.

(Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

Note— See the editor's note to § 310.

A.

Who May Request a Variance. Any applicant may request a variance to the strict interpretation of this Ordinance.

B.

Hearing and Action by Zoning Board of Adjustment. After due notice, the Board of Adjustment shall hold a public hearing on an application for a variance. At the public hearing, the Board of Adjustment shall consider the application, the relevant support materials and the public testimony given at the public hearing in light of the criteria below. After the close of the public hearing, the Board of Adjustment shall vote to approve, approve with conditions or deny the application for a variance, pursuant to the criteria below. (Also see Section 203.C.4).

C.

Allowed Variances. In exercising its authority to grant a variance, the Board of Adjustment shall affirmatively find that one or more of the following circumstances applies.

1.

Special circumstances resulting in unnecessary hardship. A variance may be granted where special circumstances exist on the property related to the size, shape, area, topography, surrounding conditions or location that do not generally apply to other property in the same zoning district, and that the circumstances are such that strict application of this Ordinance would create an unnecessary hardship or deprive the applicant of reasonable use of the land or building.

2.

Overriding Public Interest. A variance may be granted if it addresses a recognized community concern or promotes an overriding public interest, including, but not limited to, the following:

a.

Preserving the natural environment; or

b.

Promoting maintenance or reuse of older urban or historic buildings.

3.

Equity. A variance may be granted to permit modifications of height or setback regulations as may be needed to secure equity in the development of a parcel of land where it has been demonstrated that, due to the existence of legally nonconforming structures, a substantial proportion of the other properties in the same area and zoning district are legally enjoying the conditions that the applicant is requesting.

4.

Literal Enforcement. A variance may be granted if it is found that the literal enforcement and strict application of this Ordinance will result in extraordinary circumstances inconsistent with the general provisions and intent of this Ordinance, and that, in granting the variance, the spirit of the ordinance will be preserved and substantial justice done. The Board of Adjustment shall state in their minutes the nature of the circumstance that justifies the variance.

D.

Variances Not Allowed. In exercising its authority, the Board of Adjustment shall not grant a variance that would create any of the following effects:

1.

The effect of the variance on the specific property would adversely affect the land use pattern as outlined by any City land use plan or policy.

2.

The variance would be a material detriment to the public welfare or create injury to the use, enjoyment or value of property in the vicinity.

3.

The variance is not the minimum variance that will relieve the proven hardship.

4.

The variance would allow a use not allowed in the use table for the district in which the parcel is located.

5.

The variance will relieve the applicant of conditions or circumstances that are caused by the illegal subdivision of land after the effective date of the subdivision regulations of this Ordinance, which subdivision of land caused the property to be unusable for any reasonable development under the existing regulations.

6.

The variance will relieve the applicant of conditions or circumstances that are self-imposed.

7.

The variance is grounded solely upon the opportunity to make the property more profitable or to reduce expense to the owner.

8.

The variance will modify any condition imposed by the Planning and Zoning Commission or City Council as part of a conditional use or special use review.

9.

The variance would not only affect a specific parcel, but would be of such general nature as to constitute, in effect, a change in zoning of the parcel or a larger area, or would merit an amendment to this Ordinance.

E.

Variance Criteria. To approve an application for a variance, the Board of Adjustment shall make an affirmative finding that each and every one of the following criteria are met.

1.

Special circumstances exist that are peculiar to the land or structure that are not applicable to other land or structures in the same zoning district and are not merely financial.

2.

These special circumstances are not the result of the actions of the applicant.

3.

Literal interpretation and enforcement of the terms and provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other land in the same zoning district, and would cause an unnecessary and undue hardship.

4.

Granting the variance is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest, and would carry out the spirit of this Ordinance and substantial justice.

5.

Granting the variance will not adversely affect adjacent land in a material way.

6.

Granting the variance will be generally consistent with the purposes and intent of this Ordinance.

F.

Conditions. The Board of Adjustment may impose such conditions on a variance as are necessary to accomplish the purposes of this Ordinance, to prevent or minimize adverse impacts upon the public and neighborhoods, and to ensure compatibility of the site with its surroundings. These conditions may include but are not limited to limitations on size, bulk and location; standards for landscaping, buffering and screening, lighting and adequate ingress and egress; cash deposits, bonds and other guarantees of deposit; other on-site improvements; and limitations on the duration or hours of operation of an allowed use.

G.

Effect of Variance.

1.

Issuance of a variance shall authorize only the particular variation which is approved in the variance. A variance shall run with the land.

2.

Unless otherwise specified in the variance, an application to commence construction of the improvements that were the subject of the variance request must be applied for and approved within twelve (12) months of the date of the approval of the variance; otherwise, the variance shall automatically become null and void. Permitted time frames do not change with successive owners. Upon written request, only one extension of the twelve (12) month period may be granted by the Administrative Officer if it is determined that conditions of the site and immediately surrounding area are substantially unchanged.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1140, § 1, 1-17-06; Ord. No. 2065, § 1, 2-5-13)

Note— See the editor's note to § 310.

A.

Purpose. The Board of Adjustment is authorized to hear and decide special exceptions to the zoning regulations that are not permitted by right in a particular district because of potential adverse effect, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted where specifically authorized by subsection D. below, and in accordance with the substantive and procedural standards of this Ordinance.

B.

Special Exceptions Defined. A special exception is differentiated from a variance by the following:

1.

No Hardship Required. A special exception does not require a finding of a hardship.

2.

Specifically Allowed. Approval of a special exception by the Board is allowed only as specifically provided for and defined in these regulations.

C.

Requests for a Special Exception. The Board may consider a special exception to the provisions of subsection D. below upon written request of the property owner.

D.

Special Exception Authorized. After holding a public hearing as required in Section 302, the Board may consider a special exception for the following standards:

1.

Nonconformities.

2.

Residential setbacks.

3.

Interpret the boundaries of a zoning district.

4.

Off-street parking requirements.

5.

Landscaping requirements.

6.

Screening requirements.

(Ord. No. 2065, § 1, 2-5-13)

Editor's note— See the editor's note to § 310.

A.

Purpose. The purpose of a petition for a subdivision waiver to a particular standard or requirement with these UDO subdivision regulations, as such are applicable to plats or construction plans, is to determine whether or not such particular standard or requirement should be applied to an application.

B.

Definitions. Subdivision waivers shall be classified as Minor Subdivision Waiver (see "Waiver, Minor Subdivision") or Major Subdivision Waiver (see "Waiver, Major Subdivision"), as defined in Chapter 10, Definitions.

C.

Decision-Maker.

1.

Minor Subdivision Waiver.

a.

Decision-Maker Authority. The Administrative Official shall act upon a Minor Subdivision Waiver listed as follows:

i.

Permit required for a screening fence or wall.

ii.

Subdivision name requirements.

iii.

Screening requirement between a nonresidential use and park and open space.

iv.

Maximum alley length.

v.

Right angles for side lot lines.

vi.

Traffic impact analysis.

vii.

Water lines extended to subdivision borders.

viii.

Wastewater lines extended to subdivision borders.

ix.

Sidewalks.

b.

Appeal of a Minor Subdivision Waiver Decision.

i.

Appeal Review and Recommendation. An appeal of the Minor Subdivision Waiver decision may be considered by the Planning and Zoning Commission.

ii.

Appeal Decision. If further appeal is made, the City Council shall then act on such an appeal. (See subsection J. below).

2.

Major Subdivision Waiver.

a.

Decision-Maker Authority. After review and recommendation from the Planning and Zoning Commission, the City Council shall decide a Major Subdivision Waiver.

D.

Subdivision Waiver Applicability.

1.

Waiver of Standard or Requirement.

a.

An applicant may request a subdivision waiver of a particular standard or requirement applicable to a preliminary plat, to construction plans, or where no preliminary plat application has been submitted for approval, to a final plat or a replat.

b.

A subdivision waiver petition shall be specific in nature, and shall only involve relief consideration for one particular standard or requirement.

c.

An Applicant may, if desired, submit more than one subdivision waiver petition if there are several standards or requirements at issue.

d.

For processing a subdivision waiver in relationship with a plat application, an applicant shall submit a waiver of right to 30-day action in accordance with Section 307.B.4 Waiver of Right to 30-Day Action.

2.

Waiver Petition Acceptance. A petition for a subdivision waiver shall not be accepted in lieu of:

a.

A Subdivision Vested Rights Petition (see Section 310.B).

b.

If there is a question as to whether a Subdivision Vested Rights Petition is required instead of a subdivision waiver petition, such determination shall be made by the Administrative Official.

E.

Subdivision Waiver Submission Procedures.

1.

Written Waiver Request with Application.

a.

A request for a subdivision waiver shall be submitted in writing by the Applicant with the filing of a preliminary plat, construction plans, final plat or replat, as applicable.

b.

No subdivision waiver may be considered or granted unless the applicant has made such written request.

2.

Grounds for Waiver.

a.

The applicant's request shall state the grounds for the subdivision waiver request and all of the facts relied upon by the applicant.

b.

Failure to do so will result in denial of the application unless the applicant submits a waiver of right to 30-day action in accordance with Section 307.B.4, Waiver of Right to 30-Day Action.

F.

Subdivision Waiver Criteria.

1.

Undue Hardship Present. A subdivision waiver to regulations within this UDO may be approved only when, in the decision-maker's opinion, undue hardship will result from strict compliance to the regulations.

2.

Consideration Factors. The decision-maker shall take into account the following factors:

a.

The nature of the proposed land use involved and existing uses of the land in the vicinity;

b.

The number of persons who will reside or work in the proposed development; and

c.

The effect such subdivision waiver might have upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity.

3.

Findings. No subdivision waiver shall be granted unless the decision-maker finds:

a.

That there are special circumstances or conditions affecting the land involved or other constraints such that the strict application of the provisions of this UDO would deprive the applicant of the reasonable use of their land; and

b.

That the subdivision waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant, and that the granting of the subdivision waiver will not be detrimental to the public health, safety or welfare or injurious to other property in the area; and

c.

That the granting of the subdivision waiver will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this UDO.

4.

Intent of UDO Subdivision Regulations.

a.

A subdivision waiver may be granted only when in harmony with the general purpose and intent of the UDO subdivision regulations so that the public health, safety and welfare may be secured and substantial justice done.

b.

Financial hardship to the applicant shall not be deemed to constitute undue hardship.

5.

Minimum Degree of Variation. No subdivision waiver shall be granted unless it represents the minimum degree of variation of requirements necessary to meet the needs of the applicant.

6.

Violations and Conflicts. The decision-maker shall not authorize a subdivision waiver that would constitute a violation of, or conflict with, any other valid ordinance, code, regulation, master plan or Comprehensive Plan of the City.

7.

Falsification of Information.

a.

Any falsification of information by the applicant shall be cause for the subdivision waiver request to be denied.

b.

If the subdivision waiver request is approved based upon false information, whether intentional or not, discovery of such false information shall nullify prior approval of the subdivision waiver, and shall be grounds for reconsideration of the subdivision waiver request.

G.

Burden of Proof. The applicant bears the burden of proof to demonstrate that the requirement for which a subdivision waiver is requested, if uniformly applied, imposes an undue hardship or disproportionate burden on the applicant. The applicant shall submit the burden of proof with the original submittal.

H.

Subdivision Waiver Decision.

1.

The decision-maker shall consider the subdivision waiver petition and, based upon the criteria set forth in F. above, shall take one of the following actions:

a.

Deny the petition, and impose the standard or requirement as it is stated in these UDO subdivision regulations; or

b.

Grant the petition, and waive in whole or in part the standard or requirement as it is stated in this UDO.

2.

Decision Process for Minor Subdivision Waiver. The decision-maker shall deny or grant a request for a minor subdivision waiver concurrently with the decision of a preliminary plat, construction plans, final plat, or replat, as applicable.

3.

Decision Process for Major Subdivision Waiver.

a.

Recommendation of the Planning and Zoning Commission.

i.

The Planning and Zoning Commission shall consider the subdivision waiver request at a public meeting no later than thirty (30) calendar days after the date on which the notice of subdivision waiver is submitted to the Administrative Official.

ii.

The Planning and Zoning Commission shall recommend to the City Council deny of grant a request for a subdivision waiver by simple majority vote.

b.

Decision by City Council.

i.

After the recommendation from the Planning and Zoning Commission has been made, the City Council shall consider the subdivision waiver request at a public meeting no later than thirty (30) calendar days after the date on which the Planning and Zoning Commission's recommendation was made.

ii.

The City Council deny or grant a request for a subdivision waiver by a 5/7 (e.g., super-majority) vote.

iii.

The decision of the City Council is final.

I.

Notification of Decision on Petition—14 Days. The applicant shall be notified of the decision on the subdivision waiver by the City Council within fourteen (14) calendar days following the decision.

J.

Minor Subdivision Waiver Appeal.

1.

Initiation of an Appeal.

a.

The applicant may appeal a minor subdivision waiver decision of any Administrative Official, as allowed within these subdivision regulations.

b.

The written request to appeal shall be submitted to the Administrative Official within thirty (30) calendar days following the denial decision.

2.

Recommendation of the Planning and Zoning Commission.

a.

The Planning and Zoning Commission shall consider the appeal at a public meeting no later than thirty (30) calendar days after the date on which the notice of appeal is submitted to the Administrative Official.

b.

At this meeting, new information may be presented and considered, if available, that might alter the previous decision to deny the minor subdivision waiver.

c.

The Planning and Zoning Commission shall recommend to the City Council to affirm, modify, or reverse the previous decision by simple majority vote.

3.

Appeal to City Council.

a.

The applicant, the Administrative Official, or four (4) members of City Council may appeal to the Planning and Zoning Commission's decision by submitting a written notice of appeal to the Administrative Official within thirty (30) calendar days following the Planning and Zoning Commission's decision.

b.

After the recommendation from the Planning and Zoning Commission has been made, the City Council shall consider the appeal at a public hearing no later than thirty (30) calendar days after the date on which the Planning and Zoning Commission's recommendation was made.

c.

The City Council may affirm, modify, or reverse the decision by simple majority vote.

d.

The decision of the City Council is final.

K.

Effect of Approval.

1.

Submission and Processing. Following the granting of a subdivision waiver, the applicant may submit or continue the processing of a plat or construction plans, as applicable.

2.

Expirations. The subdivision waiver granted shall remain in effect for the period the plat or construction plans are in effect, and shall expire upon expiration of either or both of those applications.

3.

Extensions. Extension of those applications shall also result in extension of the subdivision waiver.

(Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

Purpose. Special use permits (SUPs) allow for review of specified uses that may be appropriate in designated areas, provided that consideration is given to conditions that will minimize any negative impacts of the use. A special use permit should be approved if these conditions can be met.

B.

Who May File. An application for special use approval shall be submitted by the owner or an agent authorized by affidavit to act on the owner's behalf, unless initiated by City officials.

C.

Submission of Application. A complete application shall be submitted to the Administrative Official along with the appropriate fee. The Administrative Official may require an application for special use approval to be accompanied by a site plan of existing and proposed development of the affected site.

D.

Applicable Development Standards. Unless otherwise specified in this Ordinance, no special use approval shall be granted for any use that does not conform to the dimensional standards of the district in which it is located. Each special use shall also be subject to any specific use requirements set forth in this Ordinance.

E.

Review by Administrative Official. After determining that the application is complete, the Administrative Official shall schedule a public hearing before the Planning and Zoning Commission.

F.

Hearing and Recommendation by Planning and Zoning Commission.

1.

The Planning and Zoning Commission shall, after appropriate notice, conduct a public hearing on each request for approval of a special use.

2.

At the public hearing, the Planning and Zoning Commission shall consider the application, any pertinent comments by City staff, other relevant support materials and public testimony given at the public hearing.

3.

After the close of the public hearing, the Planning and Zoning Commission shall recommend that the City Council approve the request, approve the request with additional conditions, or deny the request. The Planning and Zoning Commission may propose such conditions as are necessary to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to: screening, buffer zones, limitations on size, bulk and location, provision of adequate ingress and egress, duration of special use approval, and hours of operation for the special use so allowed.

G.

Hearing and Action by City Council.

1.

The City Council shall, after appropriate notice, conduct a public hearing on each request for approval of a special use.

2.

At the public hearing, the City Council shall consider the application, any pertinent comments by City staff, the Planning and Zoning Commission recommendation, other relevant support materials and public testimony given at the public hearing.

3.

After the close of the public hearing, the City Council shall approve the request, approve the request with additional conditions, or deny the request. The Council may attach such conditions to a special use approval as are necessary to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to: screening, buffer zones, limitations on size, density and location, provision of adequate ingress and egress, duration of special use approval, and hours of operation of the special use.

4.

Where written protest against a proposed special use is made and signed by:

a.

The owners of twenty (20) percent or more of the area subject to the special use; or

b.

The owners of twenty (20) percent or more of the area within two hundred (200) feet of the affected area,

Then the proposed special use shall require a favorable vote of at least three-fourths (¾) of all the members of the City Council to become effective.

H.

Special Use Approval Criteria. Approval of a special use by the Planning and Zoning Commission and City Council shall be based upon the following criteria.

1.

Impacts Minimized. Whether and the extent to which the site plan minimizes adverse effects, including adverse visual impacts, on adjacent properties.

2.

Consistent with this Ordinance. Whether and the extent to which the proposed special use would conflict with any portion of this Ordinance, including the applicable zoning district intent statement.

3.

Compatible with Surrounding Area. Whether and the extent to which the proposed special use is compatible with existing and anticipated uses surrounding the subject land.

4.

Traffic Circulation. Whether and the extent to which the proposed special use is likely to result in extraordinarily prolonged or recurrent congestion of surrounding streets, especially minor residential streets.

5.

Effect on Natural Environment. Whether and the extent to which the proposed special use would result in significant adverse impacts on the natural environment, including but not limited to water or air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.

6.

Community Need. Whether and the extent to which the proposed special use addresses a demonstrated community need.

7.

Development Patterns. Whether and the extent to which the proposed special use would result in a logical and orderly pattern of urban development in the community.

I.

Expiration of a Special Use Permit Site Plan. Approval of an SUP Site Plan shall be void if a building permit is not issued and construction begun within two (2) years of the granting of the SUP.

J.

Violation of Permit Requirements. Any violation of the requirements of a special use permit may be considered grounds for immediately voiding the special use permit.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13)

Note— See the editor's note to § 310.

A.

Applicability. The owner of any tract of land may request a rezoning as a planned unit development (PUD). A proposed site plan shall be submitted indicating density of residential, commercial and/or industrial areas, along with the location of all proposed streets, alleys, protective screening and open spaces.

B.

An applicant for a PUD shall follow the following steps:

1.

Step 1: Pre-Application Conference

2.

Step 2: PUD Concept Plan for Rezoning and Preliminary Plat (if platting required)

3.

Step 3: Site Plan

4.

Step 4: Final Plat (if platting required)

C.

Step 1: Pre-Application Conference A pre-application conference as outlined in Sec. 301.A. is required for a PUD. At least ten (10) business days prior to submission of an application for rezoning to a PUD District, the applicant shall submit to the Administrative Official a sketch plan, drawn to approximate scale, showing streets, lots, public areas, and other significant features. The purpose of this conference is to expedite and facilitate the approval of a PUD.

D.

Step 2: PUD Concept Plan for Rezoning and Preliminary Plat

1.

Contents. The PUD Concept Plan is used for the rezoning and serves as a preliminary plat (if platting is required). A Concept Plan shall include the following:

a.

Title of the PUD;

b.

List of the owners and/or developers;

c.

Statement of the location and relationship to existing and proposed adjoining land uses;

d.

A map showing:

i.

The proposed locations, use types, and sizes of structures;

ii.

The existing zoning districts in the development area and surrounding it; and

iii.

The elevation, topography with minimum five (5) foot contour intervals, slope analysis, soil characteristics, and tree cover.

e.

Description of the PUD concept, including an acreage or square foot breakdown of land use areas and densities proposed, a description of building use types, proposed restrictions, and typical site layouts;

f.

Selection of one conventional zoning district as a base zoning district to regulate all uses and development regulations not identified as being modified;

g.

A list of all applicable special development regulations or modified regulations to the base zoning district, plus a list of requested exemptions from or modifications to applicable development regulations;

h.

A description of the proposed sequence of development; and

i.

Other supporting maps or materials as necessary to meet the submission requirements of this UDO.

2.

Review by Administrative Official. After determining that the application is complete, the Administrative Official shall schedule a public hearing before the Planning and Zoning Commission.

3.

Recommendation by Planning and Zoning Commission. The Planning and Zoning Commission shall, after appropriate notice, conduct a public hearing on each request for approval of a planned unit development. After considering the application, pertinent comments by City staff, other relevant support materials and public testimony given at the public hearing, and after reviewing the Concept Plan in accordance with the criteria listed in this section, the Planning and Zoning Commission shall recommend that the City Council rezone to PUD, subject to approval of the submitted Concept Plan; recommend that the City Council rezone to PUD, subject to modifications to the submitted Concept Plan; or recommend that the City Council deny the request.

4.

Hearing and Action by City Council.

a.

The City Council shall, after appropriate notice, conduct a public hearing on each request for approval of a planned unit development.

b.

At the public hearing, the City Council shall consider the application, any pertinent comments by City staff, the Planning and Zoning Commission recommendation, other relevant support materials and public testimony given at the public hearing.

c.

After the close of the public hearing, the City Council shall rezone to PUD, subject to the submitted Concept Plan; rezone to PUD, subject to modifications to the submitted Concept Plan; or deny the request. The Council may attach such conditions to a planned unit development approval as are necessary to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to: limitations on size, density and location, provision of adequate ingress and egress, duration of special use approval, and hours of operation of the planned unit development.

d.

Where written protest against a proposed planned unit development is made and signed by:

i.

The owners of twenty (20) percent or more of the area subject to the special use; or

ii.

The owners of twenty (20) percent or more of the area within two hundred (200) feet of the affected area,

Then the proposed special use shall require a favorable vote of at least three-fourths (¾) of all the members of the City Council to become effective.

5.

Conditions. A planned unit development granted under these provisions shall be considered as an amendment to this Ordinance as applicable to such property. In granting such planned unit development the City Council may impose or amend all conditions recommended by the Planning and Zoning Commission, plus additional conditions considered appropriate by the City Council.

6.

Approval Criteria. A PUD Concept Plan and rezoning shall be approved only if the following criteria are all met.

a.

The proposal is consistent with the City's Comprehensive Plan.

b.

The PUD is necessary to address a unique situation or represents a substantial benefit to the City, compared to what could have been accomplished through strict application of the otherwise applicable zoning district standards.

c.

The proposed plan mitigates any potential significant adverse impacts to the maximum practical extent.

7.

PUD Concept Plan as Preliminary Plat. After initial approval of a PUD by the City Council, the Planning and Zoning Commission is hereby authorized to accept a PUD Concept Plan as a preliminary plat.

8.

Expiration of a PUD Concept Plan. Approval of any PUD Concept Plan shall be void if construction has not begun within two (2) years from the time of its approval. The Development Services Director may grant a two (2) year extension. After expiration of the extension, the Director may grant up to one(1) additional year; after that time, a new PUD Concept Plan is required.

9.

Concept Plan Modifications. In no case shall an approved Concept be amended nor the area of the total planned unit development be reduced once a portion has been constructed without first resubmitting the changes as a new application for Concept Plan approval or rezoning, as appropriate.

E.

Step 3: Site Plan. A Site Plan shall be submitted for approval in accordance with Sec. 311. Site Plans for Nonresidential and Multi-Family Uses. Other required plans include utility plans, drainage plans, landscape plans, building elections, traffic impact analysis (if required), amenity package information, and sight line drawings (if applicable)

F.

Step 4: Final Plat (if platting required). Following approval of the Site Plan, the applicant shall submit a final plat for approval in accordance with Sec. 317.B.2. Final Subdivision Plat.

G.

General PUD Design Criteria. All PUDs shall be designed in accordance with the following criteria.

1.

The arrangement of developed uses on the site shall properly consider significant natural features and drainage patterns, views, roadway access and surrounding land uses.

2.

Clustering of development sites, especially buildings, is encouraged so as to preserve natural features and provide usable common open space.

3.

The circulation system shall be integrated and coordinated, with complete interconnection.

4.

The street, drainage and utility systems shall be designed to accommodate the overall demand of the PUD.

5.

Provision shall be made for ownership and maintenance of common open space through a homeowners association or other similar mechanism.

H.

Residential PUD Density and Design Criteria. Density and design criteria for a residential planned unit development shall be as follows:

1.

Residential uses shall comprise eighty (80) percent or more of the gross area of the development, with the remaining twenty (20) percent or less being used for nonresidential uses.

2.

The minimum lot size, lot widths and yard areas shall be established by the Planning and Zoning Commission in accordance with a site plan approved for the development.

3.

The height of buildings shall conform to Chapter 4. District Regulations.

4.

Row houses, townhouse, or other attached dwellings shall contain no more than ten (10) units per building.

5.

The uses or arrangement of uses shall not have a detrimental effect on adjacent properties.

6.

All common open space shall require protective covenants running with the land, deed or trust; or shall be dedicated to the public as a park.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2079, § 2, 11-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

Note— See the editor's note to § 310.

A.

Subdivision Classifications. The owner of a tract of land located within the City limits or in the extraterritorial jurisdiction who divides the tract in two (2) or more parts to lay out a subdivision of the tract, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, municipal utilities, or other parts must have a plat of the subdivision prepared.

1.

Amending Plat. The relocation of common boundaries between adjacent lots which does not create additional lots, leave existing lots with any substandard dimensions, or require the extension of municipal utilities.

2.

Minor Subdivision. A subdivision in which six (6) lots or less are created and no dedication of public right-of-way is made.

3.

Major Subdivision. Any subdivision which is not a Minor Subdivision or Amending Plat.

4.

Aggregation of Platted Lots. See paragraph H below.

B.

Items to Be Shown on Plats.

1.

Preliminary Plat: See the plat submittal checklist for submittal requirements. This checklist is maintained by the Director of Development Services and is available on the City's website.

2.

Final Subdivision Plat: See the plat submittal checklist for submittal requirements. This checklist is maintained by the Director of Development Services and is available on the City's website.

a.

Notation of any covenants and self-imposed restrictions, and locations of any building setback lines proposed to be established in this manner, if required by the City in accordance with these regulations.

b.

Lots numbered as approved by the City Engineer.

c.

Streets named as approved by the City Engineer.

d.

All monuments erected, corner, and other points established in the field in accordance with Chapter 970, VTCA.

e.

Executed mortgage approval and acknowledgment.

f.

The final subdivision plat shall be prepared by a land surveyor licensed by the State of Texas.

3.

Subdivision Construction Plans. Construction plans shall be prepared for all required improvements. Plans shall be drawn at a scale of no more than one (1) inch equals fifty (50) feet, and map sheets shall be of convenient size approved by the City Engineer. Upon completion of the improvements, the engineer shall provide the City with as-built plans. The City shall be supplied plans in a format and quantity as determined by the Administrative Official. The Developer's Engineer shall also supply the City with the construction costs (labor and material) of the water, sewer, storm sewer, and street improvements. In addition to the design requirements of this Section, the following shall be shown:

a.

Streets. Profiles showing existing and proposed elevations along the centerline of all roads. Where a proposed road intersects an existing road or roads, the elevation along the centerline of the existing road or roads within one hundred (100) feet of the intersection shall be shown. Radii of all curves, lengths of tangents, and central angles on all streets shall be shown. Plans and profiles showing the locations and typical cross section of street pavements, including curbs and gutters, sidewalks, drainage easements, servitude, rights-of-way, manholes, and catch basins. Unless otherwise allowed, all street sections shall be level and symmetrical.

b.

Other Public Improvements. The locations of bicycle paths, street trees, the street lighting and electrical plan, and street signs; the location, size and invert elevations of existing and proposed sanitary sewers, storm water drains, swales, catch basins, fire hydrants showing connections to any existing or proposed utility system; and exact location and size of all water, gas or other underground utilities or structures.

c.

Other Governmental Permits. If the public improvement plans require permits from County, State or Federal agencies, the applicant shall obtain such permits prior to City approval of the construction plans.

d.

Grading Plan. Specifications and references required by the City's Construction Standards and Specifications (adopted by separate Ordinance) relative to the site grading plan for the entire subdivision.

e.

Engineer. Title, name, address, seal, and signature of the registered professional engineer responsible for the above.

4.

Final Engineering Report. The final plat shall be accompanied by an engineering report bearing the signed and dated seal of a professional engineer registered in the State of Texas. The engineering report shall discuss the availability and methodology of providing water facilities and wastewater treatment service to individual lots within the subdivision. A detailed cost estimate per lot acceptable to the City shall be provided for those unconstructed water supply and distribution facilities and for wastewater collection and treatment facilities, which are necessary to serve each lot of the subdivision. The plan shall include a construction schedule for each significant element needed to provide adequate water or wastewater facilities. If financial guarantees are to be provided under E below, the schedule shall include the start dates and completion dates.

a.

Public Water Systems.

i.

Where water supplies are to be provided by an existing public water system, the subdivider shall furnish an executed contractual agreement in substantially the form attached in Appendix 1A between the subdivider and the retail public utility to the effect that the retail public utility has or will have the ability to supply the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of thirty (30) years and that the subdivider has provided for the payment of costs or fees for the connection of each individual lot to the public water system, including water meters, water acquisition fees, or other necessary expenses required by the retail public utility. Before final plat approval, plans and specifications for the proposed water facilities shall have been approved by all entities having jurisdiction over the proposed project, which may include the TCEQ and the county health department in addition to the responsible departments of the City. If groundwater is to be the source of the water supply, the final engineering report shall include a groundwater availability study, which shall include comments regarding the long term (thirty (30) years) quantity and quality of the available groundwater supplies relative to the ultimate needs of the subdivision.

ii.

Where there is no existing retail public utility to construct and maintain the proposed water facilities, the subdivider shall establish a retail public utility and obtain a Certificate of Convenience and Necessity (CCN) from the TCEQ and include evidence of the CCN issuance with the plat. Before final plat approval, plans and specifications for the proposed water facilities shall have been approved by all entities having jurisdiction over the proposed project. If ground water is to be the source of the water supply, the final engineering report shall include a groundwater availability study which shall include an analysis of the long term (thirty (30) years) quantity and quality of the available groundwater supplies relative to the ultimate needs of the subdivision. If surface water is the source of supply then the final engineering report shall include evidence that sufficient water rights have been obtained and dedicated, either through acquisition or wholesale water supply agreement that will provide a sufficient supply to serve the needs of the subdivision for a term of not less than thirty (30) years.

b.

Non-Public Water System. Where individual wells are proposed for the supply of drinking water to residences, the final engineering report shall include the quantitative and qualitative results of sampling the test wells in accordance with Section 614.B.4. The results of such analyses shall be made available to the prospective property owners. If the water quality of the test well required pursuant to Section 614.B.4 does not meet the water quality standards as set forth in that section without treatment by an identified and commercially available water treatment system, then the final report must state the type of treatment system that will treat the water produced from the well to the specified water quality standards, the location of at least one (1)commercial establishment within the county at which the system is available for purchase, and the cost of such system, the cost of installation of the system, and the estimated monthly maintenance cost of the treatment system. The engineer shall issue a statement concerning the availability of groundwater supplies to serve the fully developed subdivision over the next thirty (30) years. Such statement may be based on information available from the Texas Water Development Board's Office of Planning. The description of the required sanitary control easement shall be included.

c.

Organized Sewerage Facilities.

i.

Where wastewater treatment is to be provided by an existing retail public utility, the subdivider shall furnish evidence of a contractual agreement in substantially the form attached in Appendix 1B between the subdivider and the retail public utility to the effect that the retail public utility has or will have the ability to treat the total flow anticipated from the ultimate development and that the subdivider has paid the cost of all fees associated with connection to the wastewater collection and treatment system have been paid so that service is immediately available to each lot. Before final plat approval, an appropriate permit to dispose of wastes shall have been obtained from the TCEQ and plans and specifications for the proposed wastewater collection and treatment facilities shall have been approved by all entities having jurisdiction over the proposed project.

ii.

Where there is no existing retail public utility to construct and maintain the proposed sewerage facilities; the subdivider shall establish a retail public utility and obtain a CCN from the TCEQ. Before final plat approval, a wastewater treatment permit authorizing the treatment of the wastewater for the ultimate build-out population of the subdivision shall have been obtained from the TCEQ and plans and specifications for the proposed sewerage facilities shall have been approved by all entities having jurisdiction over the proposed project.

d.

On-Site Sewerage Facilities. Where private on-site sewerage facilities are proposed, the final engineering report shall include planning materials required by 30 TAC, § 285.4(c), or as amended, including the site evaluation described by 30 TAC, § 285.30, or as amended, and all other information required by applicable OSSF regulations.

5.

Nonresidential Subdivision. Nonresidential subdivisions are governed by the standards of this section in concert with other applicable City Ordinances.

a.

Driveways and other points of access to and from arterial, and collectors must be approved and shall be designed in accordance with sound planning and engineering principles which promote the public health, safety and general welfare.

b.

Pedestrian ways, sidewalks and fencing are required improvements for public safety.

B-1.

Plat Approval Authority.

1.

Texas Local Government Code Sec. 212.006 designates the Planning and Zoning Commission as the authority responsible for approving plats.

2.

Sec. 212.0065 authorizes the Planning and Zoning Commission to delegate one or more officers or employees of the City the ability to approve, approve with conditions, or disapprove a plat. The City of Portland Planning and Zoning Commission hereby delegates plat approval authority to the Administrative Official (or their designee).

a.

The Administrative Official may, for any reason, elect to defer the plat approval to the Planning and Zoning Commission.

b.

An applicant may appeal the Administrative Official's decision to the Planning and Zoning Commission.

3.

Planning & Zoning Commission approval is required for any plat that requires a waiver or deviation from the regulations contained within this Unified Development Ordinance.

C.

Preliminary Plat, Major Subdivision.

1.

Pre-Application Conference. Owner Representation. An application for approval of a plat shall be filed by the record owner of the property to be subdivided or the duly authorized agent of the record owner. Before preparing the preliminary plat for a subdivision, the applicant must discuss with Administrative Official the procedures and requirements of this section. A rough preliminary or "sketch plan" of the area to be subdivided shall be required for this procedure.

2.

Application Procedure and Requirements. After receiving direction from City Staff, an application shall be submitted to the City on forms provided for that purpose and in the quantity specified thereon. The application shall be accompanied by twelve (12) copies of the preliminary plat.

3.

Staff Review and Approval Consideration. After receipt of application, the City Staff shall review the preliminary plat, determine if the application is complete in accordance with Section 307 Application Completeness and Expiration, and if the application is deemed complete, shall approve, approve with conditions, or disapprove the plat, or render a recommendation to the Planning and Zoning Commission at the next regularly scheduled meeting of the Planning and Zoning Commission.

4.

Planning and Zoning Commission. If a plat is deferred or appealed, after reviewing the preliminary plat along with staff's recommendations, the Planning and Zoning Commission will advise the applicant of the specific changes or additions, if any, it will require in the layout and required improvements as a prerequisite to the preliminary plat approval. The Planning and Zoning Commission may approve, approve with conditions or reject the preliminary plat. Approval shall constitute authorization for the applicant to prepare and submit construction plans and a final plat to the Planning and Zoning Commission. Should the preliminary plat be rejected, the developer may appeal to the City Council under the procedures outlined in paragraph Q below.

5.

Effective Period of Preliminary Plat Approval. A preliminary plat shall be effective for a period of twelve (12) months, at the end of which time, a final plat shall have been submitted in accordance with paragraph D below. A one-time extension of the preliminary plat for not more than twelve (12) months may be granted by the Administrative Official upon the applicant's request prior to the expiration of the initial preliminary plat approval. This provision shall also apply to the first phase of a sectionalized subdivision (see paragraph G below).

6.

Plat Amendment. A preliminary plat shall be amended by the same procedure in which the plat was approved.

7.

Resubmission of Expired Plat. Any expired plat that is resubmitted shall be subject to any amendments to this section adopted prior to resubmission.

D.

Final Plat, Major or Minor Subdivision.

1.

Application Procedure and Requirements. Owner Representation. An application for approval of a plat shall be filed by the record owner of the property to be subdivided or the duly authorized agent of the record owner. Following the approval of the preliminary plat for major subdivisions, or following a pre-application conference for minor subdivisions, the applicant shall submit a final plat. It shall be accompanied by the following:

a.

A copy of the approved Preliminary Plat (for Major Subdivisions) or a copy of a survey of the property showing all adjacent owners (for Minor Subdivisions).

b.

Final Plat: five (5) copies for initial review, twelve (12) copies for Planning and Zoning Commission approval.

c.

Subdivision Construction Plans: three (3) copies including drainage plans for review and approval by the Administrative Official (if public improvements are to be constructed).

d.

Dedications.

e.

Tax certificate.

f.

All formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, parks and easements in a form approved by the City Manager.

g.

Utility Verification Letters showing that the electric, cable, and other utility providers have reviewed the plat and take no exception.

h.

Geotechnical report per Section 607. J.

i.

Geometric closure report.

j.

Texas Department of Transportation driveway permit, if applicable.

2.

Staff Review and Approval Consideration. The City Staff shall review the Final Plat against the Preliminary Plat along with construction plans, determine if the application is complete in accordance with Section 307 Application Completeness and Expiration, and if the application is deemed complete, shall approve, approve with conditions, or disapprove the plat, or render a recommendation to the Planning and Zoning Commission at the next regularly scheduled meeting. In the event the final plat substantially changes (see definition of "Substantial Change" in Chapter 10) from the approved preliminary plat, both plats shall be submitted to the applicable decision-maker(s). Copies of the plats and construction plans shall be available for public inspection in the Building Department.

3.

Planning and Zoning Commission Action. If a plat if deferred or appealed, after reviewing the final plat along with the Administrative Official's recommendations, the Planning and Zoning Commission may approve, approve with conditions or reject the final plat. Approval shall constitute the City's acceptance of public dedications and that the proposed lots comply with this section. Except as allowed in paragraph E below, the plat shall not be signed or recorded until all public improvements have been installed and all conditions of the plat approval have been met.

4.

Appeal to City Council. Should the plat be rejected by the Planning and Zoning Commission, the applicant may appeal to the City Council in accordance with paragraph Q below.

5.

Effective Period of Final Plat Approval. An approved final plat shall be effective for a period of twelve (12) months, at the end of which time improvements shall have started. Should improvements not be started within the allotted time then both the final and the preliminary plat shall become null and void. Additional extensions of six (6) months may be requested in writing, prior to the expiration of the original approval period, to the Planning and Zoning Commission. This shall also apply to the first phase of a sectionalized subdivision.

6.

Ordinance Amendments. Every plat shall conform to the appropriate regulations applicable at the time of final approval, except that any final plat that has received preliminary approval shall be exempt from any subsequent amendments to this section rendering the plat nonconforming as to bulk or use; provided that final approval is obtained as outlined in this paragraph D.

E.

Financial Guarantees for Improvements.

1.

Applicability. If an adequate public or non-public water system or wastewater facility is not available from the City or another entity, or are not constructed by the subdivider, to serve lots intended for residential purposes of five (5) acres or less at the time final plat approval is sought, then the City shall require the owner of the subdivided tract to execute an agreement with the City secured by a bond or other alternative financial guarantees such as a cash deposit or a letter of credit. Lots of five (5) acres or less are presumed to be for residential purposes unless the land is restricted to nonresidential uses on the final plat and all deeds and contracts for deeds.

2.

Bonds. The bond shall meet the following requirements:

a.

The bond or financial guarantee shall be payable to the City.

b.

The bond or financial guarantee shall be in an amount determined by the City to be adequate to ensure proper construction or installation of the public or nonpublic water facilities, and wastewater facilities to service the subdivision, including reasonable contingencies, but in no event shall the amount of the bond be less than the total amount needed to serve the subdivision as established by the engineer who certifies the plat.

c.

The bond shall be executed with sureties as may be app roved by the City. The City shall establish criteria for acceptability of the surety companies issuing bonds that include but are not limited to:

i.

Registration with the Secretary of State and be authorized to do business in Texas; and

ii.

Authorization to issue bonds in the amount required by the City Council; and

iii.

Rating of at least B from Best's Key Rating Guide; or if the surety company does not have any such rating due to the length of time it has been a surety company, the surety company must demonstrate eligibility to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety company listed in the current United States Department of Treasury Circular 570. Such bonds shall meet the criteria contained in the rules and regulations promulgated by the United States Department of Treasury.

d.

The bond shall be conditioned upon construction or installation of water and wastewater facilities meeting the criteria established by Chapter 6. Subdivision Design and Improvements and upon construction of facilities within the time stated on the plat, or on the document attached to the plat for the subdivision, or within any extension of time granted by the City.

3.

Letter of Credit. A letter of credit shall meet the following requirements:

a.

Any letter of credit submitted as a financial guarantee for combined amounts greater than $10,000 and less than $250,000 must be from financial institutions which meet the following qualifications:

i.

Bank qualifications. Must be federally insured; Sheshunoff rating must be 10 or better and primary capital must be at least 6.0% of total assets; and total assets must be at least $25 million dollars.

ii.

Savings and loan association qualifications. Must be federally insured; tangible capital must be at least 1.5% of total assets; and total assets must be greater than $25 million dollars; or tangible capital must be at least 3.0% of total assets if total assets are less than $25 million dollars; and Sheshunoff rating must be 30 or better.

iii.

Other financial institutions' qualifications. The letter of credit must be 110% collateralized by an investment instrument that would meet the qualifications for a municipal investment; the investment instrument must be registered in the City's name and the City must receive safekeeping receipts for all collateral before the letter of credit is accepted.

b.

Any letter of credit submitted as a financial guarantee for combined amounts greater than $250,000 must be from financial institutions which meet the following qualifications:

i.

Bank qualifications. Must be federally insured; Sheshunoff rating must be 30 or better and primary capital must be at least 7.0% of total assets; and total assets must be at least $75 million dollars.

ii.

Savings and loan association qualifications. Must be federally insured; tangible capital must be at least 3.0% of total assets and total assets must be greater than $75 million dollars; or tangible capital must be at least 5.0% of total assets if total assets are less than $75 million dollars; Sheshunoff rating must be 30 or better.

iii.

Other financial institutions' qualifications. The letter of credit must be 110% collateralized by an investment instrument that would meet the qualifications for a municipal investment; the investment instrument must be registered in the City's name and the City must receive safekeeping receipts for all collateral before the letter of credit is accepted.

c.

The letter of credit shall list as sole beneficiary the City. The form of the letter of credit shall be modeled after the form in Exhibit A to this section.

d.

The letter of credit shall be conditioned upon installation or construction of water and wastewater facilities meeting the standards established under Chapter 6. Subdivision Design and Improvements and upon construction of facilities within the time stated on the plat, or on the document attached to the plat for the subdivision, or within any extension of time granted by the Administrative Official.

4.

Financial Guarantee. The City will determine the amount of the bond, letter of credit, or cash deposit required to ensure proper construction of adequate water and wastewater facilities in the subdivision.

5.

Alternative to City Accepting a Financial Guarantee. The City may approve a final plat under this section without receiving a financial guarantee in the name of the City if:

a.

The property being subdivided lies wholly within the jurisdiction of the county;

b.

The property being subdivided lies wholly within the extraterritorial jurisdiction of a municipality; and

c.

The City has executed an interlocal agreement with the County that imposes the obligation on the County to:

i.

Accept the bonds, letters of credit, or other financial guarantees, that meet the requirements of this section;

ii.

Execute the construction agreement with the subdivider; and

iii.

Assume the obligations to enforce the terms of the financial guarantee under the conditions set forth therein and complete construction of the facilities identified in the construction agreement.

F.

Signing and Recording of Final Plat.

1.

Signing. When installation of improvements is required, the Chairman of the Planning and Zoning Commission and the Administrative Official shall endorse approval on the plat only after all conditions of the approval have been satisfied and all improvements satisfactorily completed or a guarantee for their improvement has been accepted by the City. There shall be written evidence that the required public facilities have been installed or guaranteed in a manner satisfactory to the City provided by the developer's engineer and approved by the City Engineer and City Council. Following City Council approval, the City Engineer shall issue a letter of acceptance for the public improvements.

2.

Recording.

a.

The Chairman and the Administrative Official shall sign the original of the subdivision plat. The applicant shall then record said plat with the County Clerk.

b.

No building permits shall be issued until the final recorded plat has been provided to the City in a format and quantity as determined by the Administrative Official.

c.

There shall be compliance with all requirements of this section and applicable Texas laws.

G.

Sectionalizing or Phasing. Prior to granting approval of a subdivision plat, the Planning and Zoning Commission may permit the plat to be divided into two (2) or more sections to assure the orderly development of the plat. In the event of approval of sectionalizing, the entire subdivision preliminary plat, including all sections, shall be filed with the Planning and Zoning Commission for preliminary plat approval. The final plat may contain one (1) or more of the approved sections for the Planning and Zoning Commission's consideration. A final plat for the subsequent phase shall be submitted within twenty-four (24) months from the date that the preceding plat was recorded. Additional extensions may be requested in writing by the developer (see paragraph C.5 above). Written approval may be granted by the Planning and Zoning Commission.

H.

Aggregation of Platted Lots. When multiple platted lots from an existing subdivision are aggregated for the purpose of constructing a single building or project, an amending plat or replat shall not be required where no modification of any easement or right-of-way is involved. This exception shall not be construed as a waiver of any other requirement of this section, or of any recorded restrictions. The integrated tract shall thereafter be considered as a single lot for the purposes of this section. (For an integrated tract to be considered as a single lot without platting it as such, a structure must be placed over all interior lot lines or must maintain the minimum setback from any interior lot line that the structure is not built over.)

I.

Amending Plats. Amending plats, as described in paragraph A above, may (at the discretion of the Administrative Official) be approved administratively. Where a plat amendment entails significant discretionary decision-making, the Administrative Official shall forward it for review at the next regularly scheduled Planning and Zoning Commission meeting in accordance with the provisions for a Final Plat. All plat amendments shall be conducted as follows.

1.

Owner representation. An application for approval of a plat shall be filed by the record owner of the property to be subdivided or the duly authorized agent of the record owner. Applications to amend a plat shall be filled out on forms provided by the City for that purpose, be accompanied by the appropriate fees, and include the following:

a.

A property deed, or other proof of ownership acceptable to City, along with a surveyor's detailed drawing of each adjoining property owner's lot or parcel of land so affected.

b.

Each deed shall describe all ownership of acquired property.

c.

The survey shall show all new boundaries of the plat, along with the boundaries of all of the affected lots, including previous lot lines.

2.

The application for a plat amendment shall be reviewed by City Staff as to compliance with all applicable City codes and ordinances. If in compliance, the application shall be signed by any affected property owners, the City Manager or designee and notarized before the City Secretary.

3.

Recording of said documents shall follow procedures outlined under subsection F.2. above, excluding the Chairman's signature requirement.

4.

The adjusted property boundaries shall be so noted on the Official Zoning Map of the City.

J.

Prerequisites to Approval. Final plat approval shall not be granted unless the subdivider has accomplished the following:

1.

Dedicated the sites for the adequate water and wastewater treatment facilities to the appropriate political subdivision or investor-owned utility responsible for operation and maintenance of the facilities; and provided evidence that the water facilities and wastewater facilities have been constructed and maintained in accordance with the criteria established within these rules and the approvals from the Texas Health Department and Texas Commission on Environmental Quality, as appropriate, of the plans and specifications for such construction, including any change orders filed with these agencies; or

2.

Obtained all necessary permits for the proposed water facilities and wastewater facilities and has entered into a financial agreement with the City secured by a bond or other alternative financial guarantee such as a cash deposit or letter of credit for the provision of water and sewerage facilities with the bond or financial guarantee meeting the criteria established in subsection E. above.

K.

Time Extensions for Providing Facilities.

1.

Reasonableness. The City may extend, beyond the date specified on the plat or on the document attached to the plat, the date by which the required water and sewer service facilities must be fully operable if:

a.

Any financial guarantees provided with the final plat as originally submitted are effective for the time of the requested extension or new financial guarantees that comply with subsection E. above are submitted which will be effective for the period of the extension; and

b.

The City finds the extension is reasonable and not contrary to the public interest.

2.

Timeliness. If the facilities are fully operable before the expiration of the extension period, the facilities are considered to have been made fully operable in a timely manner.

3.

Unreasonableness. An extension is not reasonable if it would allow a residence in the subdivision to be inhabited without water or sewer services that meet the standards of Chapter 6. Subdivision Design and Improvements.

L.

Maintenance Bond. The contractor or developer shall provide a one-year maintenance bond (or similar instruments as approved by the City Engineer) on all construction required by the final plat and construction drawings. The bonds shall be in an amount equal to twenty-five (25) percent of the construction costs. This one-year period shall begin upon the date of final acceptance of all improvements by the City, as stated in the letter of acceptance issued by the City Engineer. Any defects in materials or workmanship shall be corrected to satisfy the City during this period.

M.

Administration. The Planning and Zoning Commission of the City shall administer the regulations and the process associated with this Section.

1.

Variations and Exceptions. Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development of unusual conditions that the strict enforcement of the regulations would entail practical difficulties or unnecessary hardships, the Planning and Zoning Commission, after public hearing and after report by staff, may vary or modify the proposed subdivision in such a way that the subdivider is allowed to develop their property in a reasonable manner, but at the same time, the public welfare and interest of the city and San Patricio County are protected and the general intent and spirit of the regulations preserved.

2.

Transfer or Sale of Land. No person owning land composing a subdivision, nor their agent, shall transfer or sell or contract for the transfer or sale any lot or parcel of land located within such subdivision by reference to, or exhibition of, or by any other use of a plat of such subdivision, before such final plat has been approved, filed and recorded as provided in this section. The description of such lot or parcel by metes and bounds in any contract or instrument of transfer or other documents used in the process of selling or transferring same shall not exempt such owner or agent from the penalties provided herein.

N.

Construction in the Subdivision.

1.

Construction of Public Improvements. Prior to the installation of any improvements, the developer shall obtain written approval from the city manager or designee. This approval shall authorize the construction of only those improvements contained with the subdivision construction plans, with the exception of utilities such as electric, gas, cable and telephone that are not required as part of the construction plans. Upon completion of the installation of any or all improvements, the city manager or designee shall file notification in the city files that the installation has been inspected and it is in compliance with the approved improvement plans, as far as they are able to determine. This shall not relieve the developer of their responsibility in cases of improper or faulty construction, substitution of inferior materials, or unapproved deviations from the improvement plans as approved by the city.

2.

Building Permits. No building or occupancy permit shall be issued for any lot hereafter platted unless such plat has been approved, filed and recorded in accordance with the requirements of this section. Exceptions are as follows:

a.

In a subdivision where completion of improvements is required, the city may permit construction of model homes in a portion of the subdivision involving up to twenty-five (25) percent of the total lots within each subdivision or phase. No certificate of occupancy shall be issued until final plat recording. Adequate access into the development for the model home(s), including police and fire equipment, shall be completed prior to the issuance of any building permit.

O.

Inspection and Acceptance of Public Improvements.

1.

Inspection of Public Improvements.

a.

Inspection Procedures, Timing, and Contact.

i.

Whenever a development application approved under this UDO authorizes development or construction of a structure, building or impervious surface, or authorizes installation of public or other improvements to serve a proposed development, or otherwise authorizes disturbance of the surface or subsurface of the land, the following procedures shall be followed during the development process:

(a)

Right of Entry: The owner of the land subject to the approved development application shall, as a condition of the approval, be deemed to have authorized City inspectors to enter the land during reasonable hours for the purpose of determining compliance with the terms, conditions and requirements of the application. If a City inspector is refused entry, the responsible official may obtain judicial authorization for the entry, may initiate the process for suspension or revocation of the approved application by the decision-maker for the application, or may exercise any other remedy provided by this UDO or under other law.

(b)

Regular Inspections: The City shall make inspections of the land or premises during development and construction to ensure full compliance with all terms, conditions and requirements of the approved development application and approved construction plans. The applicant shall designate one person, with a current address, email, and phone, to whom notice shall be given, and from whom information can be obtained, under this section.

(c)

Authorized Inspectors: Employees of the City allowed by applicable law are authorized to issue municipal court citations for violations of this UDO.

ii.

The City Engineer shall inspect the construction of improvements while in progress and upon completion. Inspections shall be conducted during normal business hours, Monday through Friday. No inspections will be allowed on weekends, City holidays, and long holiday weekends. Holiday weekends are weekends with a holiday that lands on Monday or Friday of a given weekend.

iii.

The developer, or developer's contractor, shall maintain contact with the City Engineer, Public Works Director, or their designee during construction of Public Improvements.

b.

Conformance with Construction Plans.

i.

Construction shall be in accordance with the approved construction plans. Any significant change in design required during construction shall be made by the developer's engineer, and shall be subject to approval by the City Engineer and Director of Public Works.

ii.

Once construction is complete, record drawings shall be submitted to the City Engineer and Director of Public Works.

c.

Corrections to Public Improvements.

i.

If the City Engineer or Director of Public Works finds, upon inspection, that any of the required Public Improvements have not been constructed properly and in accordance with the approved construction plans or specifications, the developer shall be responsible for completing and/or correcting the public improvements to bring such into compliance.

ii.

The City will provide the developer with a punch list of any issues the applicant must rectify in order for the public improvements to be in accordance with the approved construction plans and City standards.

2.

Public Improvements Inspection Fees.

a.

Fee Standards. The developer will be charged an inspection fee as per the fee schedule. The developer may be charged an additional inspection fee to reimburse the City the actual inspection cost if the City is required to have third-party inspections and testing of the public improvements in each subdivision or development.

b.

Cost for Construction. The developer shall submit to the City a cost for construction of the public improvements to be dedicated to the City and upon which the maintenance bond and inspection fees will be based. The cost of construction shall be reviewed and approved by the City Engineer and Director of Public Works.

3.

Submittal of Record Drawings.

a.

The City shall not accept the dedication of required public improvements until the developer's engineer has certified to the City Engineer and Public Works Director, through submittal of detailed record drawings of the project, that the public improvements have been built in accordance with the approved construction plans.

b.

Recorded off-site easements shall be submitted prior to the approval of construction plans.

i.

Any on- or off-site easements that may be needed to serve the development shall follow City standard form and shall be submitted to the City Engineer and Director of Public Works for review prior to obtaining signatures. Off-site easements shall be recorded at the appropriate County prior to filing of plat.

c.

Each record drawing sheet shall show all changes made in the construction plans during construction, and on each sheet, there shall be a "record" stamp bearing the signature of the engineer and date, or engineer's descriptive caveat, which shall be maintained by the City Engineer and/or Public Works Department.

d.

Digital files of all the record drawings shall be submitted by the applicant in ArcGIS, AutoCAD and Adobe PDF formats, as required by the City.

4.

Acceptance or Rejection of Improvements by the City. The City Engineer and Director of Public Works are responsible for accepting completed subdivision improvements intended for dedication to the City.

a.

Final Inspection. After completion of all improvements, certification with TCEQ regulations, franchise utilities, grading, and erosion control, the City Engineer, Director of Public Works, developer's engineer, and other designated representatives (as applicable) will perform a final inspection before accepting the improvements.

b.

Letter of Acceptance.

i.

If all improvements are completed, inspected, tested (if applicable), and determined by the City to be in conformance with this UDO and with the City's design standards and all applicable fees have been paid, then the City Engineer shall issue a letter of acceptance to the applicant, thereby notifying the developer of the City's acceptance of any proposed dedications (including right-of-way and Public Improvements).

ii.

The required one-year maintenance bond period shall begin on the date of the Letter of Acceptance (see L above).

iii.

Acceptance of the public improvements shall mean that the applicant has transferred all rights to all the public improvements to the City for title, use, and maintenance.

c.

Rejection. The City Engineer shall reject those public improvements that fail to comply with the City's standards and specifications. The developer shall correct the issues to ensure compliance with the City's standards and specifications, or the City shall enforce the financial guarantee for improvement provided (if applicable) to ensure the public improvements are built to comply with the City's design standards.

d.

Franchise Utilities.

i.

The applicant shall provide a copy of the preliminary plat or final plat to all franchise utility companies for review of easement requirements. The applicant shall provide a letter from the franchise utility companies to indicate whether the proposed development meets their requirements.

ii.

No building permits shall be issued until franchise utilities have been properly and completely installed.

5.

Acceptance Disclaimer.

a.

Approval of a preliminary plat, final plat, or construction plans shall not constitute acceptance of any of the public improvements required to serve the subdivision or development.

b.

No public improvements shall be accepted for dedication to the City except in accordance with this Section.

P.

Enforcement.

1.

No deed or other instrument of transfer of real property in the Planning Area shall be accepted by the County Clerk for record unless said deed or instrument of transfer is for a lot or other platted area recorded or accompanied by a plat approved by the city, unless expressly exempted in Section 212.004, Texas Local Government Code, or as amended.

2.

The city shall have the authority to inspect subdivision improvements within the Planning Area. Such inspection shall be facilitated through the administrative official or any other person designated by the city manager.

Q.

Appeals. To appeal a decision by the Planning and Zoning Commission or city council to deny a request for plat approval, the applicant must file a written request with the city within fifteen (15) days of such decision to have a hearing before the appropriate authority as stipulated below:

1.

To appeal a decision of the Planning and Zoning Commission. Appeal shall be made before the city council.

2.

To appeal a decision of the city council. After a period of six (6) months from an original appeal, a one-time appeal may be made again before the city council, in which case such decision shall be final. Any subsequent appeal may be made before a court of law.

3.

Variations and Exceptions. See subsection M.1 above for variations and exceptions.

R.

Vacation of Plats. The city may from time to time vacate recorded plats in accordance with the rules and regulations of this section, the City Charter and State Statutes.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1022, §§ 2—4, 11-7-00; Ord. No. 1060, § 1, 11-5-02; Ord. No. 1075, §§ 1.2—1.5, 1.9, 5-6-03; Ord. No. 1140, § 1, 1-17-06; Ord. No. 1192, § 2, 9-2-08; Ord. No. 2036, § 2, 4-5-11; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2079, §§ 3—5, 11-5-13; Ord. No. 2146, § 1, 1-3-17; Ord. No. 2306, § 1(Att.), 5-6-25)

Editor's note— See the editor's note to § 310.

A.

Who May File.

1.

Text Amendment. An application for amendment of the text of this Ordinance may be filed by the Administrative Official, City Manager, Planning and Zoning Commission or City Council.

2.

Map Amendment. An application for an amendment of the Official Zoning Map (including any amendment required by other procedures in this Chapter) shall only be filed by the following persons:

a.

A person, firm or corporation that, together or separately, is the owner of the subject property.

b.

An authorized representative of such a person, firm or corporation. A notarized affidavit shall be required from the property owner designating such a representative.

c.

The City Council or Planning and Zoning Commission, acting of its own volition or at petition of the public. A resolution to initiate the amendment process shall appear in the minutes of the official body initiating the request.

B.

Submission of Application.

1.

A complete application for amendment to the text of this Ordinance or the Official Zoning Map shall be submitted to the Administrative Official, along with the appropriate fee.

2.

All zoning requests must include submittal of development plans or an engineered site plan.

C.

Review by Administrative Official. After determining that the application is complete, the Administrative Official shall schedule a public hearing before the Planning and Zoning Commission.

D.

Hearing and Recommendation by Planning and Zoning Commission.

1.

The Planning and Zoning Commission shall, after required notice, conduct a public hearing on each request for an amendment of the Official Zoning Map or text of this section.

2.

At the public hearing, the Planning and Zoning Commission shall consider the application, comments and recommendations of City staff, other relevant support materials and public testimony given at the public hearing.

3.

After the close of the public hearing, the Planning and Zoning Commission shall recommend that the City Council approve, approve with modifications, or deny the proposed amendment based on the criteria in paragraph G below.

4.

A tie vote by the Planning and Zoning Commission on any proposed amendment to the Official Zoning Map or the text of this Ordinance shall be forwarded without recommendation to the City Council.

E.

Hearing and Action by City Council.

1.

After receipt of the recommendation from the Planning and Zoning Commission, and after appropriate notice, a public hearing shall be held by the City Council before adopting any proposed change.

2.

At the public hearing, the City Council shall consider the application, comments and recommendations by City staff, the Planning and Zoning Commission recommendation, other relevant support materials and public testimony given at the public hearing.

3.

The City Council may approve, approve with modifications, or deny the proposed amendment.

4.

Where written protest against an amendment is made and signed by

a.

The owners of twenty (20) percent or more of the area subject to the zone change to be affected; or

b.

The owners of twenty (20) percent or more of the area within two hundred (200) feet of the affected area,

Then the proposed amendment shall require a favorable vote of at least three-fourths (¾) of all the members of the City Council to become effective. The area of rights-of-way and street shall be included in any computation of land area under this subsection.

F.

Appeal. Appeal of an amendment to the text of this Ordinance or the Official Zoning Map by an affected party shall be made within thirty (30) days of the final action by the City Council to the Circuit Court of San Patricio County.

G.

Amendment Criteria. The wisdom of amending the text of this Ordinance or the Official Zoning Map is a matter committed to the sound legislative discretion of the City Council and is not controlled by any one factor. In determining whether to adopt, adopt with modifications or deny the proposed amendment, the City Council shall consider the following factors.

1.

Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning and Zoning Commission or City Council.

2.

Consistent with this Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Ordinance.

3.

Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.

4.

Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.

5.

Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.

6.

Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.

7.

Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.

H.

Development Inconsistent with Future Land Use Plan. Where proposed development is not consistent with the City's Future Land Use Plan, a concurrent Comprehensive Plan amendment shall be processed and approved prior to approval of the amendment to the Official Zoning Map.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1060, § 1, 11-5-02; Ord. No. 2065, § 1, 2-5-13)

Editor's note— See the editor's note to § 310.

See City Charter, subsection (e) of Section 6.04 Power and Duties of the Planning and Zoning Commission.

(Ord. No. 2065, § 1, 2-5-13)