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Richmond City Zoning Code

CHAPTER 6

Administration

Sec. 6.1.101 Nonconformities, Generally
  • Generally. A nonconformity is when a nonconformity must be terminated or removed, and when it is allowed to be restored after temporary cessation, damage, or destruction.
  • Unlawful Uses, Buildings, Structures, or Signs. This Article does not authorize or legitimize uses, buildings, structures, or signs that were not legally established or constructed. Such uses, buildings, structures, or signs are not "legally nonconforming," but instead remain "unlawful," and are subject to all of the provisions of this UDC (including enforcement provisions) and any other applicable law. Likewise, this Article does not legitimize unlawful subdivisions of property that may have occurred before the effective date of this UDC.
  • Effect on Existing Development Entitlements. Nothing in this UDC shall be interpreted to require a change in plans, construction, or designated use of any building or structure in which a building permit was lawfully issued prior to the effective date of adoption or amendment of this UDC, provided construction was commenced within 60 days after obtaining said building permit and diligently completed.
  • Nonconformities Created by Public Action. Any nonconforming building or structure or land expressly created or caused by a conveyance of privately owned land to a federal, state, or local government to serve a public purpose is conforming for the purposes of this UDC, and is not subject to the limitations of this Article. This exemption applies only in cases where private land is obtained by a governmental entity for a public purpose, through condemnation, threat of condemnation or otherwise, which creates a nonconformity in the remainder parcel in terms of setback, lot size, or other applicable standards of this UDC. This exemption does not apply to right-of-way dedication or other public conveyances of land required by the City in the course of subdivision or other routine site plan approvals.
  • Effective on: 1/1/1901

    Sec. 6.1.102 Nonconforming Uses
  • A.
    Generally. A nonconforming use is a use of land that was lawfully established (e.g., it was allowed and issued a permit, if a permit was required at the time the use was established) on a parcel or lot before the effective date of this UDC, that is no longer allowed after the effective date of this UDC. Amendments to this UDC may also make uses nonconforming. The following uses are legally nonconforming uses:
    1. 1.
      Uses that were lawfully established but are not currently listed as permitted, limited, conditional, or temporary uses in the zoning district in Division 2.2.100, Permitted, Limited, Conditional, and Temporary Uses.
    2. 2.
      Uses that are listed as "Limited Uses" in the zoning districts in Division 2.2.100, Permitted, Limited, Conditional, and Temporary Uses, but were lawfully established without a valid permit (issued in conformance with the additional limited use standards) and do not comply with the applicable standards of Division 2.2.200, Limited and Conditional Use Standards.
    3. 3.
      Uses that are listed as "Conditional Uses" in the zoning districts in Division 2.2.100, Permitted, Limited, Conditional, and Temporary Uses, but were lawfully established without a conditional use permit. For these uses, the nonconforming use status may be removed by obtaining a conditional use permit.
    4. 4.
      Uses that were lawfully established within a floodplain or floodway, but are no longer permitted in the floodplain or floodway.
  • B.
    Classifications of Nonconforming Uses. There are two types of nonconforming uses: major nonconforming uses and minor nonconforming uses. The classification of the nonconforming use affects whether or not it can be converted to a conforming use.
    1. 1.
      Major Nonconforming Uses. Major nonconforming uses are those uses for which the nonconformity generates a nuisance per se or represents such incompatibility with abutting uses and/or the Comprehensive Master Plan that public policy favors their elimination from the zoning district if they are discontinued, abandoned, or destroyed. Examples of major nonconforming uses include (but are not limited to):
      1. a.
      2. b.
      3. c.
      4. d.
        Recycling collection facilities.
    2. 2.
      Minor Nonconforming Uses. All nonconforming uses that are not classified as major nonconforming uses are minor nonconforming uses. Such uses may be converted to conforming uses as provided in Section 6.1.108, Conversion of Nonconformities.
  • C.
    Standards.
    1. 1.
      All Nonconforming Uses.
      1. a.
        A nonconforming use shall not be changed to another nonconforming use.
      2. b.
        If a nonconforming use is changed to a conforming use, the nonconforming use shall not be resumed.
      3. c.
        If the use of only a portion of a building or property is changed from a nonconforming use to a conforming use, then the use of that portion of the building or property shall not be changed back to the nonconforming use.
    2. 2.
      Major Nonconforming Uses.
      1. a.
        If a major nonconforming use is discontinued for a period of six months, for any reason, it shall not be resumed.
      2. b.
        Major nonconforming uses shall not be expanded, enlarged, extended, increased, or moved to occupy an area of land or building that was not used or occupied on the effective date of this UDC or any amendment that made the use a major nonconforming use.
    3. 3.
      Minor Nonconforming Uses.
      1. a.
        If a minor nonconforming use is discontinued for a period of six months, for any reason, it shall not be resumed. However, if an application for conversion of the use is filed pursuant to Section 6.1.108 , Conversion of Nonconformities, before the end of the six month period, the use may be resumed as a conforming use after the period expires if the application is granted.
      2. b.
        No minor nonconforming use shall be expanded or extended in such a way as to:
        1. 1.
          Occupy any open space or landscaped area that is required by this UDC;
        2. 2.
          Exceed pervious cover, intensity, or height limitations of the zoning district in which the use is located;
        3. 3.
          Occupy any land beyond the boundaries of the property or lot as it existed on the effective date of this UDC; or
        4. 4.
          Displace any conforming use in the same building or on the same parcel.
  • (Ord. No. 2024-09, 09/16/2024) 

    Effective on: 9/16/2024

    Sec. 6.1.103 Nonconforming Buildings and Structures
  • Generally. A building or structure is classified as nonconforming if it was lawfully constructed prior to the effective date of this UDC (or amendment hereto) and does not conform to the height, yard, pervious cover, density, intensity, building scale, or design standards that are applicable to the same type of building or structure in the zoning district in which the building or structure is located.
  • Standards.
    1. If a nonconforming building or structure or nonconforming element of a nonconforming building or structure is damaged or destroyed by any means, or is declared unsafe by the Code Official to an extent that repairs would exceed more than 50 percent of the replacement cost of the building or structure or damaged nonconforming element, the building or structure shall be reconstructed in conformity with the provisions of this UDC.
    2. If the reconstruction cost and/or area of reconstruction (whichever is less) is less than or equal to 50 percent of the cost of replacement or area of the building or structure, respectively, then the building or structure may be strengthened or restored to a safe condition provided that:
      1. The original nonconformity is not enlarged, increased, or extended;
      2. Building permits are obtained for repairs within 12 months of the date the building was damaged or, if no date can be reasonably established for the damage, the date that the Code Official determines that the building is unsafe; and
      3. The construction is commenced within 12 months after obtaining the required building permits.
    3. ​Routine maintenance of nonconforming buildings and structures is permitted, including necessary non-structural repairs, paint, and incidental alterations which do not extend or intensify the nonconforming buildings or structures or materially extend their life. This standard also applies to buildings or structures that are used by nonconforming uses if they are designed in a way that is not suitable for re-use as a conforming use (if the building is conforming and could be re-used for a conforming use, there is no limitation on its maintenance).
    4. Structural alterations to nonconforming buildings or structures are permitted only if it is demonstrated that the alteration will eliminate the nonconformity or reduce it in accordance with the standards of this Section.
    5. No building or structure that contains a major nonconforming use shall be enlarged unless the major nonconforming use is permanently discontinued.
  • Standards for Existing Buildings or Structures in the Regulated Floodway. It is the intent of the City that no permanent buildings or structures be located or substantially improved in the Regulated Floodway, except according to the standards in Division 4.3.200, Floodplain Management and Flood Damage Prevention, and that existing legal nonconforming buildings or structures shall be removed upon abandonment, destruction, or substantial damage.
  • Effective on: 1/1/1901

    Sec. 6.1.104 Nonconforming Lots
  • Generally. Nonconforming lots are lots that were lawfully created before the effective date of this UDC or amendments hereto, but which no longer comply with the lot width, lot area, or access requirements of this UDC.
  • Standards.
    1. Combination of Lots to Increase Conformity.
      1. Where a landowner owns more than one abutting lot that does not conform to the dimensional requirements of the zoning district in which they are located, they shall be combined to create fully conforming lots or, if full conformity is not possible, they shall be combined if the combination will increase the degree of conformity (see Figure 6.1.104, Combination of Nonconforming Lots).
      2. The City will not require the combination of lots pursuant to Subsection B.1.a, above, if (see Figure 6.1.104, Combination of Nonconforming Lots):
        1. The combination of lots would not address the nonconformity;
        2. The combination of lots would materially disrupt the lotting pattern of the street, for example, by creating a through lot mid-block on a street segment that does not include any other through lots;
        3. Two or more of the lots are developed with principal buildings, and the combination of lots would require that one or more of the buildings be torn down in order to comply with this UDC; or
        4. The combination of lots would result in regularly shaped lots being combined into a single lot with an irregular shape.
  • Figure 6.1.104
    Combination of Nonconforming Lots
      1. Construction on Legal Lots That Does Not Conform to Dimensional Requirements. A legal lot that does not meet zoning district requirements with respect to lot area or lot width may be built upon if, as of the effective date of this UDC:
        1. The lot is a lot of record; and
        2. The use is permitted in the zoning district in which the lot is located; and
        3. The lot has sufficient frontage on a public street to provide access that is appropriate for the proposed use; and
        4. All yards or height standards are complied with, except that the Code Official may authorize a reduction of required yards of up to 10 percent, provided that the Code Official finds that the reduction does not allow a building that would be larger than a building that would be permitted on the minimum conforming lot in the zoning district.

    Effective on: 1/1/1901

    Sec. 6.1.105 Nonconforming Signs
  • Generally. Any permanent sign located within the City limits and the extraterritorial jurisdiction on the effective date of this UDC that does not conform to the provisions of Article 4.7, Signs, is a "legal nonconforming" sign, provided it also meets the following requirements:
    1. The sign was approved by a sign permit as of the effective date of this UDC, or amendment hereto, if a permit was required under applicable law; or
    2. If no sign permit was required under applicable law for the sign in question, the sign:
      1. Was in all respects in conformity with the applicable law (or there was no applicable law) immediately prior to the effective date; or
      2. Had legal nonconforming status at such time.
  • General Standards.
    1. A nonconforming sign which has been damaged by fire, wind, or other cause in excess of 60 percent of its replacement cost shall not be restored except in conformance with this UDC.
    2. If a nonconforming sign structure does not display any message for a period of three months, it shall be removed or brought into conformance with this UDC.
    3. If a nonconforming sign structure is removed for any reason other than routine repair and maintenance, it shall not be replaced unless the replacement sign conforms to this UDC.
    4. Nonconforming signs that are a danger to public safety due to damage or wear shall be removed and shall not be replaced unless the replacement sign conforms to this UDC.
    5. Routine maintenance of nonconforming signs is permitted, including non-structural repairs and paint (even if such repairs would materially extend the life of the sign), changes to the sign face or messages, and incidental alterations that do not increase the nonconformity or sign area. Structural repairs or changes are not allowed. If the sign requires structural repairs because it has been damaged, destroyed, or worn, it shall be removed as required by Article 4.7, Signs.
    6. Structural alterations to nonconforming signs are permitted only if it is demonstrated that the alternative will eliminate the nonconformity or reduce it in accordance with this Section.
    7. Temporary signs that are not in compliance with this UDC shall be removed as required by Article 4.7, Signs.
  • Nonconforming Off-Premise Signs. No existing off-premise sign that is required to be removed by the City because the sign, or a substantial part of the sign, is blown down or otherwise destroyed or dismantled for any purpose other than lawful maintenance operations, or for the changing of the letters, symbols, or other matter on the sign, shall be enlarged, repaired, or reconstructed except in compliance with this Code.
    1. Construction and Operating Permits Required. A new construction permit and a new operating permit (as applicable) shall be required for any sign that is enlarged, repaired or reconstructed.
    2. Routine Maintenance. The following are considered to be routine maintenance activities that do not require a construction permit:
      1. The replacement of minor parts if the materials of the minor parts are the same type as those being replaced and the basic design or structure of the sign is not altered;
      2. The replacement of nuts and bolts, nailing, riveting, or minor welding; cleaning and painting;
      3. Manipulation of the sign structure to level or plumb it; and
      4. Changing the advertising message.
    3. Substantial Changes. The following are examples of substantial changes that require a construction permit application before the initiation of such activity:
      1. Changing or replacing all or part of the sign face structure;
      2. Replacement of poles or changing the number of poles in the sign structure;
      3. Adding a catwalk to the sign structure;
      4. Adding lights to a non-illuminated sign or adding more intense lighting to an illuminated sign whether or not the lights are attached to the sign structure;
      5. Adding permanent bracing wires, guy wires, or other reinforcing devices;
      6. Changing the material used in the construction of the sign structure, such as replacing wooden material with metal material;
      7. Adding faces to a sign or changing the sign configuration;
      8. Changing the height of the sign;
      9. Changing the configuration of the sign structure, such as changing a "V-shaped" sign to a stacked or back-to-back sign, or a single face sign to a back-to-back sign; and
      10. Moving the sign structure or sign face in any way.
  • Effective on: 1/1/1901

    Sec. 6.1.106 Nonconforming Parking and Landscaping
  • Generally. Nonconforming parking refers to parking spaces, parking drive aisles, and loading areas, and the required landscaping that normally is associated with it, that do not conform to the requirements that are set out in Article 4.2, Parking, Loading, Access, and Lighting, or Article 4.4, Tree Preservation, Buffering, and Landscaping, in terms of their number or dimensions.
  • Standards.
    1. If an existing building or use is expanded, additional parking and landscaping shall be required only in proportion to the new area of the building or use.
    2. If the use of a building changes, resulting in additional demand for parking, additional parking and associated landscaping shall be provided in an amount equal to the difference between the requirements of the former use (not the actual parking provided on-site) and the requirements for the new use, as set out in Division 4.2.100, Parking and Loading, and Article 4.4, Tree Preservation, Buffering, and Landscaping. However, a permit for the new use may be denied if the available parking is less than 75 percent of the required parking.
    3. If an existing building is redeveloped or substantially improved, parking shall be provided as required by Article 4.2, Parking, Loading, Access, and Lighting, and Article 4.4, Tree Preservation, Buffering, and Landscaping.
    4. If a nonconforming use is required to be brought fully into compliance, then parking and landscaping shall also be brought into compliance.
  • Effective on: 1/1/1901

    Sec. 6.1.107 Nonconforming MHPs and RV Parks
  • Manufactured Homes, Generally. Manufactured homes that are 10 years or older and located outside of an existing manufactured home park or subdivision, may be replaced subject to the provisions of Section 6.3.408, Manufactured Home Hardship Permit.
  • Manufactured Home Park Standards.
    1. No change in the nonconforming use of any portion of land within the boundaries of a manufactured home community will be required if:
      1. The nonconforming use of the land constituting the manufactured home community:
        1. Is authorized by law; or
        2. Is not authorized by law on September 1, 2017, but no action has been taken to enforce the violation of the applicable municipal regulations before September 1, 2017; and
      2. At least 50 percent of the manufactured home lots in the manufactured home community are occupied by a manufactured home used as a residence.
    2. For the purposes of Sec. 6.1.107.B.1, requiring a change in the nonconforming use includes:

      1. Requiring the amount of land designated as a nonconforming use to be decreased;

      2. Imposing an expiration on the nonconforming use designation;

      3. Declaring that the nonconforming use of the land has been abandoned; and

      4. Requiring an amortization period for the nonconforming use of the land.

    3. For the purposes of Sec. 6.1.107.B.2, any period during which a manufactured home used as a residence is removed from a manufactured home lot for repair of the home or replacement of the home by another manufactured home used as a residence is included in the prior during which the manufactured home lot is considered occupied by the manufactured home.

    4. Replacement. A manufactured home owner may install a new or used manufactured home, regardless of the size, or any appurtenance on a manufactured home lot located on land in a manufactured home community and for which a nonconforming use is authorized by law or has been otherwise allowed under Sec. 6.1.107.B.1.a.2., provided that the manufactured home or appurtenance and the installation of the manufactured home or appurtenance comply with:

      1. Nonconforming land use standards, including standards relating to separation and setback distances and lot size, applicable on:

        1. For an authorized nonconforming use, the date the nonconforming use of the land constituting the manufactured home community was authorized by law; or

        2. For a nonconforming use under Sec. 6.1.107.B.1.a.2; and

      2. All applicable state and federal law and standards in effect on the date of the installation of the manufactured home or appurtenance.

    5. If the conditions stated in Sec. 6.1.107.B.1 do not exist for a Manufactured Home Park, then in such event the following shall apply:

      1. Replacement.

        1. Each manufactured home shall only be replaced one time with a newer model constructed no greater than 10 years from the date of the proposed replacement.

        2. The replacement manufactured home shall be of equal size or greater than the manufactured home it is replacing and shall be installed in conformance with Section 4.1.204, Manufactured Home Parks and Subdivisions.

      2. Replacement Restrictions. Lots which are eligible for a single manufactured home replacement, as specified by this Section, shall also be subject to the abandonment provisions set out for all nonconforming uses (see Section 6.1.105, Nonconforming Uses).

  • Recreational Vehicle (RV) Parks, Generally. Any recreational vehicle park that was lawfully under construction or in licensed operation prior to the effective date of this UDC that does not fully comply with the provisions set out in Section 4.1.205, Recreational Vehicle Parks, shall be considered a nonconforming, grandfathered RV park until there is a change in ownership.
  • Recreational Vehicle (RV) Park Standards. Nonconforming recreational vehicle parks shall be made conforming upon a change or transfer in ownership of the property. The new property owner shall be issued a temporary license and given 90 days to bring the existing RV park into compliance with the requirements of Section 4.1.205, Recreational Vehicle Parks. The Code Official is authorized to grant extensions for work that may require more than 90 days, up to and not exceeding one year. The extension shall be in writing and justifiable cause demonstrated. Change of ownership shall include a change from ownership of any person, firm or entity to any other person, firm or entity.
  • (Ord. No. 2018-18, 10/15/2018) 

    Effective on: 10/15/2018

    Sec. 6.1.108 Conversion of Nonconformities
  • Purpose. In many instances, minor nonconforming uses are integral parts of the City's fabric, that is, its character and function, so their continuing existence promotes the City's policy objective of protecting its neighborhoods. In these instances, the classification "nonconformity" and resulting restriction on investment may not be what the community desires. As such, the use may be made conforming pursuant to this Section in order to remove the potential stigma that may be associated with the "nonconforming" designation.
  • Procedure. An owner of a minor nonconforming use may apply for a conditional use permit which has the effect of making the nonconforming use conforming. The criteria for conditional use approval are set out in Subsection D., below.
  • Exclusions. This procedure does not apply to nonconforming lots, which may be buildable in accordance with the standards of Section 6.1.104, Nonconforming Lots.
  • Criteria for Approval. A conditional use permit approval may be granted to make a nonconforming building, structure, or use conforming, if, in addition to the criteria for approval of a conditional use permit set out in Section 6.3.313, Conditional Use Permits, and Division 2.2.200, Limited and Conditional Use Standards, all of the criteria of this Section are satisfied.
    1. Approval Criteria. The use, as conducted and managed, has minimal nonconformities and has been integrated into the neighborhood's (or zoning district's if it is not in or adjacent to a residential neighborhood) function, as evidenced by the following demonstrations:
      1. The neighborhood residents regularly patronize or are employed at said use (for nonresidential uses in or abutting residential neighborhoods).
      2. Management practices eliminate nuisances such as noise, light, waste materials, unreasonably congested on-street parking, or similar conflicts.
      3. There is no material history of complaints about the use (a history of complaints is justification for denying the conditional use permit, unless the conditions of the permit will eliminate the sources of the complaints).
      4. The use has been maintained in good condition and its classification as a nonconformity would be a disincentive for such maintenance.
    2. Conditions. Conditions may be imposed relative to the expansion of bufferyards, landscaping and landscape areas, or other site design provisions, or other limitations necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions may relate to the lot, buildings, structures, or operation of the use.
  • Effect and Annotation. Uses that comply with the terms of a conditional use permit issued in accordance with this Section are converted from "legally nonconforming uses" to "conforming uses" by virtue of the issuance of the permit.
    1. Written Approval. Conditional use permit approvals shall be provided to the applicant in writing and may be recorded by the applicant at the applicant's expense.
    2. Annotation of Official Zoning Map. Upon granting a conditional use permit and the applicant's demonstration of compliance with any conditions placed upon it, the Code Official shall place an annotation on the official zoning map that states that the property has a conditional use permit, as well as the permit number and date of approval.
  • Effective on: 1/1/1901

    Sec. 6.2.101 City Commission
  • Generally. With respect to decision-making pursuant to this UDC, the City Commission retains and exercises the powers set out in this Section.
  • Function. The City Commission shall have final decision-making authority on all planning-related regulations and those outlined Article III, City Commission, in the City's Home Rule Charter.
  • Powers and Duties. The City Commission has all powers conferred upon it by the constitution and laws of the State of Texas.​
    1. Administrative Rules and Regulations. The City Commission has the authority to establish reasonable and necessary administrative rules and regulations to enforce the requirements of Section 4.1.204, Manufactured Home Parks and Subdivisions, where license and permit application will be received and the times when inspections will be made.
    2. Final Decision-Making. The City Commission shall have the final decision-making authority for the following applications and actions:
      1. Amendments to the text of this UDC;
      2. Amendments to the official zoning map (e.g., rezonings);
      3. Establishing a schedule of fees by separate resolution for administering and enforcing this UDC;
      4. Preliminary and final plats;
      5. Designation of historic buildings and landmarks upon recommendation from the Richmond Historical Commission;
      6. Appeals and variances which are not under authority of the Zoning Board of Adjustment;
      7. After a public hearing and recommendation from the Planning and Zoning Commission, reviewing and deciding on amendments to the Comprehensive Master Plan,  and development master plans; and
      8. Reviewing, deciding, or taking any other action necessary which is not delegated to the Planning and Zoning Commission, Zoning Board of Adjustment, other appointed board or commission, or City staff as the City Commission may deem desirable and necessary to implement the provisions of this UDC and the goals and objectives of the City, provided that such action is not contrary to requirements of this UDC, the City's Home Rule Charter, or state law.
  • Membership, Qualifications, and Terms of Office. The appointment, removal, composition, terms of office, and rules, records, and procedures of the City Commission are set out in Article III, City Commission, of the City's Home Rule Charter.
  • Appointments. In conformance with Section 3.06, Powers of the City Commission, of the City's Home Rule Charter, the City Commission shall have the power to appoint members of the Planning and Zoning Commission, the Zoning Board of Adjustment, and any other board or commission that may be deemed necessary to review, approve, and enforce provisions of this UDC.
  • Effective on: 1/1/1901

    Sec. 6.2.102 Planning and Zoning Commission
  • Generally. The Planning and Zoning Commission is authorized by Chapter 211, Municipal Zoning Authority, of the Tex. Local Gov't Code and Article XIV, Planning and Zoning Commission, of the City's Home Rule Charter. This Section is adopted pursuant to these statutory and municipal authorizations. Consequently, amendment of the state statue or Home Rule Charter after the effective date may modify, delete, or supplement the provisions of this Section.
  • Function. The Planning and Zoning Commission shall undertake a continuing planning program for the physical, social, and economic growth, development, and redevelopment of the City and extraterritorial jurisdiction (ETJ), as may be statutorily applicable. The plans and programs must be designed to promote public health, safety, morals, or the general welfare, as well as the efficiency and economy of its area of jurisdiction.
  • Powers and Duties. As set out in Section 14.02, Duties and Powers, of the City's Home Rule Charter, the Planning and Zoning Commission shall be responsible to, and act as an advisory board to, the City Commission. The Planning and Zoning Commission is delegated the following powers:
    1. Review and Recommendation after a Public Hearing. The Planning and Zoning Commission shall review and make a recommendation after a public hearing for the following:
      1. Amendments to the text of this UDC;
      2. Proposed amendments to the Official Zoning Map, including permitted uses and conditional use permits;
      3. Conceptual or specific area plans; and
      4. Annexations.
    2. Review and Recommendation after a Public Meeting. The Planning and Zoning Commission shall review and make a recommendation after a public meeting for the following:
      1. Preliminary plats;
      2. Final plats; and
      3. Land or concept plan.
    3. Studies and Policy Recommendations to the City Commission. As directed by the City Commission, or upon its own initiative, the Planning and Zoning Commission shall:
      1. Submit reports, plans, and recommendations for the orderly growth, development, and welfare of the City;
      2. Periodically review this UDC and the Official Zoning Map and make recommendations regarding amendments; and
      3. Periodically review the City's Comprehensive Master Plan, and other plans of the City, and make recommendations regarding amendments.
    4. Other Powers and Duties. In addition to any other power or duty that the City Commission may assign, the Planning and Zoning Commission shall during their review and recommendation:
      1. Ensure conformance of subdivision and site development plans with the capital improvement program of the City;
      2. Ensure that subdivisions and subdivision improvements are designed to:
        1. Reduce potential impacts on street congestion by providing alternative travel routes; promoting alternative modes of transportation; shortening journey to work trips; or lessening overall vehicle miles traveled;
        2. Promote the orderly layout and use of land;
        3. Secure safety from fire and other dangers;
        4. Mitigate the impacts and threats of life and property due to flooding resulting from significant storm events;
        5. Facilitate adequate provision of transportation, potable water, wastewater, schools, parks, playgrounds, and other public requirements; and
        6. Protect groundwater and surface water resources form contamination.
  • Membership, Qualifications, and Terms of Office. The appointment, removal, composition, terms of office, and rules, records, and procedures of the Planning and Zoning Commission are set out in Article XIV, Planning and Zoning Commission, of the City's Home Rule Charter.
  • Meetings, Minutes, and Procedures.
    1. Time and Place of Meetings. The Planning and Zoning Commission shall meet in regular session at least once during each calendar month. Special meetings shall be held at the call of the Chairman, upon request of any two members, and at such other times as the Planning and Zoning Commission may determine. All Planning and Zoning Commission meetings to transact official business shall be open to the public. All meetings shall be held in conformance with the Texas Open Meetings Act, Chapter 552 of the Texas Government Code as Annotated.
    2. Minutes. The Planning and Zoning Commission shall keep minutes of its meetings, hearings and proceedings. Such minutes shall include a record of all actions, findings, and determinations of the Planning and Zoning Commission and shall show the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The minutes and records of the Planning and Zoning Commission shall be filed in the City Secretary's Office and shall be public records open for public inspection. The City Secretary's Office shall provide for the safekeeping of its minutes and records.
    3. Rules of Procedure. The Planning and Zoning Commission shall adopt rules and procedures (e.g., bylaws) as it deems necessary for the proper conduct of its business which are consistent with the rules contained herein, the relevant procedures of Article 6.3, Permits and Procedures, the Constitution and statutes of the State of Texas, and the Constitution of the United States of America.
  • Effective on: 1/1/1901

    Sec. 6.2.103 Zoning Board of Adjustment
  • Generally. The Zoning Board of Adjustment is authorized by Texas Local Government Code §211.008, Board of Adjustment. This Section is adopted pursuant to these statutory and municipal authorizations. Consequently, amendment of the State Statue or Home Rule Charter after the effective date may modify, delete, or supplement the provisions of this Section.
  • Function. The Zoning Board of Adjustment shall make special exceptions to the terms of this UDC that are consistent with the general purpose and intent of the Code and in accordance with any applicable rules contained in the UDC.
  • Powers and Duties. The Zoning Board of Adjustment is authorized to enforce ordinances related to the following:
    1. Appeals. Appeals from alleged error in the Code Official’s decision;
    2. Interpretations. Interpretation of the provisions of this UDC; and
    3. Variances. Variances from the standards of this UDC where exceptional and peculiar hardship would be caused by enforcement of the regulations and where such variance would not substantially deviate from the intent of this UDC.
  • Membership, Qualifications, and Terms of Office. As provided in the Texas Local Government Code §211.008 the Board of Adjustment shall consist of five members and one alternate. Each member and alternate shall meet the qualifications of Section 8.01 of the City Charter. Each applicant for the Board will be interviewed by the Commission interview committee. The Commission interview committee will nominate an applicant for appointment to each vacant or expiring Board position. Appointment of each member may be approved by a simple majority vote of the City Commission. The members of the Board shall serve staggered terms of two years.
  • Meetings, Minutes, and Procedures.
    1. Time and Place of Meetings. The Zoning Board of Adjustment shall meet at least monthly if business is at hand during each calendar month. Special meetings shall be held at the call of the Chairman, upon request of any two members, and at such other times as the Zoning Board of Adjustment may determine. All Zoning Board of Adjustment meetings to transact official business shall be open to the public. All meetings shall be held in conformance with the Texas Open Meetings Act, Chapter 552 of the Texas Government Code as Annotated.
    2. Minutes. The Zoning Board of Adjustment shall keep minutes of its meetings, hearings, and proceedings. Such minutes shall include a record of all actions, findings, and determinations of the Zoning Board of Adjustment, and shall show the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The minutes and records of the Zoning Board of Adjustment shall be filed in the City Secretary's Office and shall be public records open for public inspection. The City Secretary's Office shall provide for the safekeeping of its minutes and records.
    3. Rules of Procedure. The Zoning Board of Adjustment shall adopt rules and procedures (e.g., bylaws) as it deems necessary for the proper conduct of its business which are consistent with the rules contained herein, the relevant procedures of Article 6.3, Permits and Procedures, the Constitution and statutes of the State of Texas, and the Constitution of the United States of America.
  • (Ord. No. 2021-15, 07/19/2021) 

    Effective on: 7/19/2021

    Sec. 6.2.104 Richmond Historical Commission
  • Function. The Richmond Historical Commission shall oversee all construction, reconstruction, remodeling, and minor modifications to historic landmarks and buildings within the Historic Overlay (HD) District.
  • Powers and Duties. The Richmond Historical Commission shall be responsible to, and act as an advisory board to, the City Commission. The Richmond Historical Commission is delegated the following powers:
  • Powers and Duties. As set out in Ordinance No. 2012-06, Richmond Historic Commission & Overlay District Ordinance, the Richmond Historical Commission shall be responsible to, and act as an advisory board to, the City Commission. The Richmond Historical Commission is delegated the following powers:
    1. Make recommendations to the City Commission for the employment of staff and professional consultants as necessary to carry out the duties of the Richmond Historical Commission.
    2. Adopt parliamentary rules and procedures necessary to carry out the business of the Richmond Historical Commission, which shall be relevant to procedures of Article 6.3, Permits and Procedures, The Constitution and statues of the State of Texas, and the Constitution of the United States of America.
    3. Review and recommend to the City Commission the designation of  Historic Landmarks and the delineation of historic Districts.
    4. Recommend and confer recognition upon the owners of Historic Landmarks or properties within Historic Districts, by means of certificates, plaques, or markers.
    5. Review and recommend to City Commission and other applicable City Boards and Commissions all proposed changes to ordinances, building codes, general plans, or other adopted policies of the City regarding the Historic District.
    6. Conduct public hearings on buildings, sites, structures, and districts for nomination to the National Register of Historic Places and provide comment to the City Commission and the Texas Historic Commission. Such recommendations shall be guided by the criteria established in the National Historic Preservation Act of 1966, as amended from time to time.
    7. Implement and maintain a survey or inventory of significant historic, architectural, and cultural landmarks and all properties located within designated Historic Districts located in the City. Such information shall be maintained securely, made accessible to the public, and should be updated at least every 10 years.
    8. Monitor and report to the Texas Historical Commission all actions affecting any Recorded Texas Historic Landmark, State Archeological Landmark, National Register property, and any locally designated Historic Landmark, as deemed necessary.
    9. Create sub-committees from among its membership and delegate to these subcommittees' responsibilities to carry out the purposes of this Section.
    10. Maintain written meeting minutes (recorded by staff) and demonstrate all actions taken by the Richmond Historical Commission and the reasons for taking such actions.
    11. Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.
    12. Review and take action on all Certificates of Appropriateness applications for compliance with adopted Design Standards (see Section 5.1.301, Historic Overlay District Design Standards).
    13. Review and take action on all appeals on action taken by the Historic Preservation Officer regarding the administrative review of Certificates of Appropriateness applications for compliance with adopted Design Standards (see Section 5.1.301, Historic Overlay District Design Standards).
    14. Develop, prepare, and adopt specific Design Standards, which shall be ratified by the City Commission, for use in the review of all Certificates of Appropriateness applications.
    15. Prepare and submit annually to the City Commission a report summarizing budget costs, goals and objectives, and work completed during the previous year, as well as anticipated budgetary requests.
    16. Make recommendations to the City Commission concerning the utilization of state, federal, or private funds to promote the preservation of Historic Landmarks and Districts within the City.
    17. Recommend to City Commission the acquisition of Historic Landmarks endangered by demolition where its preservation is essential to the purposes of this Section and where private preservation is not feasible.
    18. Propose incentive programs to the City Commission for local property owners of Historic Landmarks or property within local Historic Districts.
    19. Review and take action on all City preservation-related incentive program applications involving work on Historic Landmarks and Districts for compliance with adopted Design Standards pursuant to this Section.
    20. Accept on behalf of the City donations of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation, subject to approval of  the City Commission.
  •  Membership, Qualifications, and Terms of Office.
    1. Membership. The Richmond Historical Commission shall consist of five voting members, four of whom shall be residents of the City and one may be a resident of the City’s extraterritorial jurisdiction (ETJ) and one alternate member. Each applicant for the commission will be interviewed by the Commission interview committee. The Commission interview committee will nominate an applicant for appointment to each vacant or expiring commission position. Appointment of each member may be approved by a simple majority vote of the City Commission, upon demonstration of their qualifications to the extent available among the residents of the City and/or the City’s ETJ, by the City Commission. When a professional in the fields of history, architecture, architectural history, planning, or archeology is not represented in the membership of the Richmond Historical Commission, then the City shall seek and provide outside expertise in the appropriate discipline when considering National Register nominations and all federal undertakings that will affect historic properties which are normally evaluated by a professional in such disciplines. A representative from the Fort Bend County Historical Commission shall serve as a non-voting ex-officio member of the Richmond Historical Commission. The executive director of the Fort Bend Museum Association, Inc, shall serve as a non-voting member of the Richmond Historical Commission.
    2. Qualifications.
      1. Regardless of professional background, four of the voting members of the Richmond Historical Commission shall be residents of the City and one of the voting members of the Richmond Historical Commission may be a resident in Richmond’s extraterritorial jurisdiction; and preference may be given to a person who resides, owns property, or owns and operates a business within the District or other Historical Significant area of the City. 
      2. Any member may resign by submitting a letter of resignation to the chairperson of the Richmond Historical Commission. The chairperson shall forward the letter of resignation to the City Commission. The City Commission may remove any Richmond Historical Commission member upon cause at an appropriate hearing or upon the absence of over 50 percent of the scheduled Richmond Historical Commission meetings within a calendar year.
      3. The Chairperson and Vice Chairperson of the Richmond Historical Commission shall be elected by and from its membership.
      4. For the purposes of determining a quorum, the following are not counted:  a board position vacant for any reason, including death, resignation or disqualification; or a board member abstaining from participation in a vote because of a conflict of interest. A quorum for the transaction of business shall consist of a majority of the voting members of the Richmond Historical Commission and a concurrence of a majority of a quorum of board members is required for any official action of the RHC.
    3. Terms of Office. Richmond Historical Commission members shall be identified by place numbers one through five and the terms of the office served shall be staggered. The initial term for even-numbered places shall serve for two years and odd-numbered places shall serve for three years. The City Commission may re-appoint Richmond Historical Commission members as their terms expire, not to exceed three consecutive terms. The City Commission shall fill any vacancies that may occur before a term has expired, only for the remainder of the term.
  • Meetings, Minutes, and Procedures.
    1. Time and Place of Meetings. The Richmond Historical Commission shall meet at least monthly, if business is at hand. Special meetings may be called at any time by the Chairperson, Vice Chairperson, or at the written request of at least five members. All Richmond Historical Commission meetings to transact official business shall be open to the public. All meetings shall be held in conformance with the Texas Open Meetings Act, Chapter 552 of the Texas Government Code as Annotated.
    2. Minutes. The Richmond Historical Commission shall keep minutes of its meetings, hearings, and proceedings. Such minutes shall include a record of all actions, findings, and determinations of the Richmond Historical Commission and shall show the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The minutes and records of the Richmond Historical Commission shall be filed in the City Secretary's Office and shall be public records open for public inspection. The City Secretary's Office shall provide for the safekeeping of its minutes and records.
    3. Rules of Procedure. The Richmond Historical Commission shall adopt rules and procedures (e.g., bylaws) as it deems necessary for the proper conduct of its business which are consistent with the rules contained herein, the relevant procedures of Article 6.3, Permits and Procedures, the Constitution and statutes of the State of Texas, and the Constitution of the United States of America.
  •  (Ord. No. 2016-25, 10/17/2016; Ord. No. 2021-15, 07/19/2021)

    Effective on: 7/19/2021

    Sec. 6.2.201 Code Official
  • Generally. The Code Official is a member of the City staff who is responsible for processing an application to decision (in case of administrative approval) or recommendation to another review body (in case of public meeting and hearing approvals). The Code Official shall designate staff members to manage applications through the review process and to be points of contact for applicants, and to perform such other functions and duties as may be required of the administrator of this UDC. The Code Official may also designate review responsibilities to other members of the City staff with relevant technical training or expertise, or, as appropriate, to consultants that are authorized by the City Commission.
  • Duties and Responsibilities. The Code Official has the following duties and responsibilities with respect to the administration of this UDC. Such duties may be allocated and reallocated by the Mayor in the exercise of the responsibilities of that office without amendment to the UDC:
    1. General Administration. The Code Official shall:
      1. Interpret the general intent and/or specific meaning of any portion of the UDC text, position of district boundaries, district regulations, or other matters relating to the Official Zoning Map.
      2. Maintain the Official Zoning Map and record all amendments to and information thereon.
      3. Provide public information relating to zoning matters including scheduled meetings of the Planning and Zoning Commission and the Zoning Board of Adjustment.
      4. Receive, process, and record all applications for a zoning clearance permit, zoning amendments, and variance requests with accompanying plans and documents, all of which shall be a public record.
      5. Register and maintain records and maps of nonconforming uses, buildings, structures, lighting, landscaping, bufferyards, signs, parking, site access, site improvements, and lots.
      6. Appear before and provide assistance to the Planning and Zoning Commission and Zoning Board of Adjustment.
      7. Revoke permits or certificates in violation of the provisions of this UDC.
    2. Processing Permits and Applications. The Code Official or an appointee shall:
      1. Receive and log applications for development approval and variances;
      2. Review application materials and verify that applications are complete;
      3. Communicate with applicants to inform them that their applications are complete or not complete; and if the applications are not complete, what items are required to complete the application;
      4. Manage the processing of applications according to Division 6.3.200, Standardized Development Approval Procedures;
      5. Process and review all applications (or cause the applications to be reviewed) and either decide applications or make a recommendation regarding how the application should be decided (depending upon the type of application);
      6. Set applications on agendas of the Planning and Zoning Commission, Zoning Board of Adjustment, or the City Commission, as appropriate;
      7. Provide public notice as may be required by the provisions in Section 6.3.206, Public Notice; and
      8. Promptly issue written permits, resolutions, or orders that reflect the substance of approval granted by the City pursuant to this UDC.
    3. Recommendations. The Code Official shall provide professional recommendations regarding:
      1. Whether applications that are placed on an agenda of the Planning and Zoning Commission, Zoning Board of Adjustment, and City Commission comply with the requirements of this UDC, and, if not, whether conditions of approval could be imposed to bring the application into compliance (including specification of such conditions).
      2. Whether amendments to this UDC or the Comprehensive Master Plan are advisable to among other things:
        1. Bring the Comprehensive Master Plan or UDC into conformity with state or federal requirements as they change over time;
        2. Respond to changing demographics, physical conditions, technological advancements, or economic conditions;
        3. Implement amendments to the Comprehensive Master Plan or other adopted plans for the City; or
        4. Resolve errors, internal inconsistences, or other administrative matters.
      3. Whether amendments to the Comprehensive Master Plan or this UDC that are proposed by persons or bodies outside of the City are appropriate to serve their stated purposes.
    4. Approvals. The Code Official shall decide the following types of applications, as set out in Section 6.3.102, Administrative Approvals and Permits:
      1. Zoning clearance permit for permitted uses;
      2. Zoning clearance permit for limited uses as set out in Article 2.2, Land Use;
      3. Temporary use permit for neighborhood events, as set out in Section 2.2.106, Temporary Uses;
      4. Minor modifications to plat or parcel lines;
      5. Right-of-way encroachment;
      6. Site plans;
      7. Floodplain development permit;
      8. Sign permit;
      9. Tree removal and land clearing permits; and
      10. Alternative compliance with the off-street parking schedule through special studies for alternative parking.
    5. Assignments. The Code Official is responsible for all other responsibilities as the City Commission or Mayor may assign from time to time.
    6. Recordkeeping. The Code Official shall maintain all records of development applications, including materials and outcomes.
    7. Inspection. The Code Official, or an appointee, shall inspect site improvements for compliance with this UDC and approved plans.
    8. Enforcement. The Code Official, or an appointee, shall, on an ongoing basis, identify code violations and shall enforce the provisions of this UDC and approvals granted pursuant to Division 6.4.200, Enforcement.
  • Effective on: 1/1/1901

    Sec. 6.2.202 Floodplain Administrator (Code Official)
  • Generally. The Code Official, or his designee, shall also serve as the Floodplain Administrator. The Floodplain Administrator shall share in the administration and enforcement of all floodplain management regulations in this UDC and other appropriate sections of 44 CFR (National Flood Insurance Program regulations) pertaining to floodplain management.
  • Duties and Responsibilities. Duties and responsibilities of the Floodplain Administrator include, but are not limited to:
    1. Permit Review.
      1. Review permit applications to determine whether proposed building sites will be reasonably safe from flooding;
      2. Review and then approve or deny all applications for floodplain development permits; and
      3. Review permits for parcels proposed for development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334) from which prior approval is required.
    2. Recordkeeping. Maintain and hold open for public inspection all records pertaining to the provisions of Division 4.3.200, Floodplain Management and Flood Damage Prevention.
    3. Interpretations of SFHA Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of special flood hazard areas (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions).
    4. Responsibilities with Regard to Alterations of Watercourses.
      1. Notify adjacent communities and the Texas Water Development Board (TWDB) and Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
      2. Require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished.
    5. Floodplain Information and Determination.
      1. When base flood elevation data has not been provided in accordance with Division 4.3.200, Floodplain Management and Flood Damage Prevention, adequate data is not available, the Floodplain Administrator may require the applicant to provide additional data, information, and/or studies for review.
      2. When a regulatory floodway has not been designated, the Floodplain Administrator shall not permit new construction, substantial improvements, or other development (including fill) within zones A1-30 and AE on the applicable Flood Insurance Rate Map (FIRM), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
    6. Required Map Revisions. Under provisions of 44 CFR, Part 65, Section 12 of the National Flood Insurance Program regulations, the City is authorized to approve certain development in the SFHA (A1-30, AE, AH zones) on the applicable FIRM maps which increases the water surface elevation of the base flood by more than one foot. However, the City must first apply for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision).
    7. Enforcement. The Floodplain Administrator shall enforce the floodplain management and flood hazard reduction standards of this UDC.
  • Effective on: 1/1/1901

    Sec. 6.2.203 Development Review Committee
  • Generally. The Development Review Committee is comprised of the Code Official and other City staff (e.g., Public Works Department, Fire Marshal's Office, Building Department, etc.). Other staff from various local, county, state, or federal (e.g., West Fort Bend Management District) agencies may participate in the development review process as needed from time to time.
  • Duties and Responsibilities. The Development Review Committee is responsible for the technical review of development applications for the City.
  • Effective on: 1/1/1901

    Sec. 6.2.204 Historic Preservation Officer
  • Generally. The City Manager, or designee, shall appoint a qualified City official, staff person, or contractor to serve as the Historic Preservation Officer (HPO).
  • Duties and Responsibilities. The Historic Preservation Officer shall be empowered to:
    1. Administer Historic Preservation Overlay District regulations and advise the Richmond Historical Commission on matters submitted to it;
    2. Maintain and hold open for public inspection all documents and records pertaining to the provisions of the historic preservation regulations;
    3. Receive and review all applications pursuant to the Historic Preservation Overlay District regulations to ensure their completeness;
    4. Review the certificate of appropriateness application for a preliminary determination of compliance with the Secretary of Interior's Standards for Rehabilitation and the adopted Design Standards (see Section 5.1.301, Historic Overlay District Design Standards;
    5. Forward any certificate of appropriateness application to the Richmond Historical Commission for review and approval when direction on design policy is needed or if unable to determine compliance with the Secretary of Interior's Standards for Rehabilitation and the adopted Design Standards;
    6. Review and take action on all certificates of appropriateness applications subject to administrative review pursuant to the Historic Preservation Overlay District regulations;
    7. Review and forward with any recommendations all applications for certificates of appropriateness subject to review by the Richmond Historical Commission pursuant to Section 6.3.309, Certificate of Appropriateness;
    8. Ensure proper posting and noticing of all Richmond Historical Commission meetings, schedule applications for Richmond Historical Commission review, provide packets to its members prior to meetings, record meeting minutes, and facilitate all Richmond Historical Commission meetings;
    9. Review and help coordinate the City's preservation and urban design activities with those of local, state, and federal agencies and with local, state, and national preservation organizations in the private sector.
  • Appointment Qualifications. The HPO should have an interest, knowledge, and a demonstrated background in the disciplines of architecture, history, urban planning, real estate, law, archeology, or other disciplines related to historic preservation.
  • Effective on: 1/1/1901

    Sec. 6.3.101 Approvals and Permits Required
  • Generally. Permits are required for development in the City. Other approvals or permits may be required by this UDC; other City ordinances, rules, or regulations; or state or federal law.
  • Required Permits. The required permits for both administrative and public and meeting hearing approvals are set out in Section 6.3.102, Administrative Approval and Permits, and Section 6.3.103, Public Meeting and Hearing Approvals, respectively.
  • Effective on: 1/1/1901

    Sec. 6.3.102 Administrative Approvals and Permits
  • A.
    Generally. Administrative permits are those permits that are issued by the Code Official without a requirement for a public meeting or hearing.
  • B.
    Administrative Approvals and Permits Established. The administrative approvals and permits required by this UDC are set out in Table 6.3.102, Administrative Approvals and Permits. Other development permits may also be required by this UDC, state or federal law, or the building code.
  • Table 6.3.102
    Administrative Approvals and Permits
    PermitRequired ForTimingExceptionsIssued ByCross-reference1
    Site Permits
    Land Clearing PermitClearing; grading; excavation; fill, land disturbing activities, or construction of any site improvementsAfter site plan or preliminary plat approval, if required. Prior to commencement of activity for which a permit is requiredThe construction of a single-family detached or duplex dwelling unit in an improved subdivision; agriculture; and forestry
    Code Official
    See Section 6.3.301, Land Clearing Permit
    Site Development PlanNew development, redevelopment, substantial improvement and expansion of multiple-family residential, nonresidential, public/institutional, and mixed use buildings in all districts, as well as for special districtsPrior to a building permitSingle-family and duplex dwellings on individual lotsCode OfficialSee Section 6.3.302, Site Development Plans
    Tree Removal PermitClearing; grading; excavation; fill, land disturbing activities, or construction of any site improvementsAfter site plan or preliminary plat approval, if required. Prior to commencement of activity for which a permit is requiredSingle-family and duplex dwellings on individual lotsCode OfficialSee Section 6.3.303, Tree Removal Permit; all applicable standards of this UDC; and conditions of approval
    Use Permits

    Temporary Use Permit –

    Neighborhood Events

    Neighborhood events including special eventsAt least one week prior to the eventNoneCode OfficialSee Section 2.2.106, Temporary Uses and Section 2.2.205, Temporary Use Standards
    Temporary Use Permit –
    Public and Commercial Events
    Public and commercial events with an expected peak attendance of less than 1,500 personsPrior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes firstPublic and commercial events with an expected peak attendance of more than 1,500 persons requires City Commission approval (see Table 6.3.103, Public Meeting and Hearing Approvals)Code Official (or City Commission)See Section 2.2.106, Temporary Uses and Section 2.2.205, Temporary Use Standards
    Zoning Clearance Permit –
    Permitted and Limited Uses
    New land uses and changes in land usePrior to establishment of a permitted or limited useNoneCode Official, however, may be forwarded to the Planning and Zoning CommissionSee Section 6.3.305, Zoning Clearance Permit, and Article 2.2, Land Use, for a list of permitted and limited uses
    Environmental Permits
    Drainage PlanPrior to installation of a drainage systemPrior to commencement of a land disturbance activity or constructionSingle-family or duplex dwelling units on individual lots in an improved subdivisionCode Official (after input from the City Engineer)See Section 6.3.306, Drainage Plan
    Floodplain Development PermitConstruction and development within an area of special flood hazard or flood-related erosion hazardPrior to commencement of a land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazardNoneFloodplain AdministratorSee Section 6.3.307, Floodplain Development Permit and Division 4.3.200, Floodplain Management and Flood Damage Prevention
    Plans and Plats
    Amending PlatSubdivision of property; land developmentPrior to building permitNoneCode Official, may be referred to City CommissionSee Section 6.3.504, Amending Plat
    Miscellaneous Permits
    Building PermitConstruction, reconstruction, improvement, or repair of any building or structure for which a permit is required by this UDC or applicable building codesPrior to commencement of constructionNoneBuilding OfficialSee Section 6.3.308, Building Permit, and all applicable building codes
    Certificate of AppropriatenessConstruction, reconstruction, alteration, restoration, rehabilitation, relocation, or demolition of any historic landmark or historic property located in the Historic Overlay (HD) DistrictPrior to commencement of constructionNoneRichmond Historical Commission, upon recommendation by the Historic Preservation OfficerSee Section 6.3.309, Certificate of Appropriateness
    Certificate of OccupancyOccupancy of a building or structureUpon completion of construction or before change in occupancyNoneBuilding OfficialSee Section 6.3.310, Certificate of Occupancy; compliance with all applicable standards of this UDC; conditions of approval; and applicable building code requirements
    Fence PermitConstruction, reconstruction, improvement, or repair of any fence or wall abutting or in direct view of street right-of-wayPrior to commencement of construction, improvement, or repairAlong interior side or rear property lines that do not abut public right-of-wayBuilding OfficialSee Section 6.3.311, Fence Permit
    Manufactured Home Park LicenseMaintain or operate a new or existing manufactured home parkPrior to occupancy and placement of a new manufactured home (see Section 6.3.315, Manufactured Home Placement/Occupancy Permit) or renewal of a manufactured home park permit by December 31st of each yearNoneBuilding OfficialSee Section 6.3.312, Manufactured Home Park License
    Manufactured Home Placement/Occupancy PermitThe placement, use, occupancy, and re-occupancy of a manufactured homePrior to a certificate of occupancyAdditional criteria if manufactured home is located outside a manufactured home park or subdivision (see Section 6.3.313, Manufactured Home Placement/Occupancy Permit)Building OfficialSee Section 6.3.313, Manufactured Home Placement/Occupancy Permit, and Section 4.1.204, Manufactured Home Parks and Subdivisions
    Sign PermitInstallation of a new or replacement signPrior to installation of sign or sign mountSigns that do not require a permit, as set out in Article 4.7, SignsBuilding OfficialSee Section 6.3.314, Sign Permit, and Article 4.7, Signs
    Recreational Vehicle (RV) LicensesConstruction, reconstruction, improvement, or substantial improvement of any recreational vehicle (RV) parkPrior to construction or before change in occupancyNoneBuilding Official or City Commission for a conditional useSee Section 6.3.315, Recreational Vehicle (RV) Park Licenses
    TABLE NOTES:
    1 Cross-references are provided for convenience only and do not exempt the application from complying with all applicable standards of this UDC.
    Table 6.3.102
    Administrative Approvals and Permits
    PermitRequired ForTimingExceptionsIssued ByCross-reference1
    Site Permits
    Land Clearing PermitClearing; grading; excavation; fill, land disturbing activities, or construction of any site improvementsAfter site plan or preliminary plat approval, if required. Prior to commencement of activity for which a permit is requiredThe construction of a single-family detached or duplex dwelling unit in an improved subdivision; agriculture; and forestry
    Code Official
    See Section 6.3.301, Land Clearing Permit
    Site Development PlanNew development, redevelopment, substantial improvement and expansion of multiple-family residential, nonresidential, public/institutional, and mixed use buildings in all districts, as well as for special districtsPrior to a building permitSingle-family and duplex dwellings on individual lotsCode OfficialSee Section 6.3.302, Site Development Plans
    Tree Removal PermitClearing; grading; excavation; fill, land disturbing activities, or construction of any site improvementsAfter site plan or preliminary plat approval, if required. Prior to commencement of activity for which a permit is requiredSingle-family and duplex dwellings on individual lotsCode OfficialSee Section 6.3.303, Tree Removal Permit; all applicable standards of this UDC; and conditions of approval
    Use Permits

    Temporary Use Permit –

    Neighborhood Events

    Neighborhood events including special eventsAt least one week prior to the eventNoneCode OfficialSee Section 2.2.106, Temporary Uses and Section 2.2.205, Temporary Use Standards
    Temporary Use Permit –
    Public and Commercial Events
    Public and commercial events with an expected peak attendance of less than 1,500 personsPrior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes firstPublic and commercial events with an expected peak attendance of more than 1,500 persons requires City Commission approval (see Table 6.3.103, Public Meeting and Hearing Approvals)Code Official (or City Commission)See Section 2.2.106, Temporary Uses and Section 2.2.205, Temporary Use Standards
    Zoning Clearance Permit –
    Permitted and Limited Uses
    New land uses and changes in land usePrior to establishment of a permitted or limited useNoneCode Official, however, may be forwarded to the Planning and Zoning CommissionSee Section 6.3.305, Zoning Clearance Permit, and Article 2.2, Land Use, for a list of permitted and limited uses
    Environmental Permits
    Drainage PlanPrior to installation of a drainage systemPrior to commencement of a land disturbance activity or constructionSingle-family or duplex dwelling units on individual lots in an improved subdivisionCode Official (after input from the City Engineer)See Section 6.3.306, Drainage Plan
    Floodplain Development PermitConstruction and development within an area of special flood hazard or flood-related erosion hazardPrior to commencement of a land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazardNoneFloodplain AdministratorSee Section 6.3.307, Floodplain Development Permit and Division 4.3.200, Floodplain Management and Flood Damage Prevention
    Plans and Plats
    Amending PlatSubdivision of property; land developmentPrior to building permitNoneCode Official, may be referred to City CommissionSee Section 6.3.504, Amending Plat
    Miscellaneous Permits
    Building PermitConstruction, reconstruction, improvement, or repair of any building or structure for which a permit is required by this UDC or applicable building codesPrior to commencement of constructionNoneBuilding OfficialSee Section 6.3.308, Building Permit, and all applicable building codes
    Certificate of AppropriatenessConstruction, reconstruction, alteration, restoration, rehabilitation, relocation, or demolition of any historic landmark or historic property located in the Historic Overlay (HD) DistrictPrior to commencement of constructionNoneRichmond Historical Commission, upon recommendation by the Historic Preservation OfficerSee Section 6.3.309, Certificate of Appropriateness
    Certificate of OccupancyOccupancy of a building or structureUpon completion of construction or before change in occupancyNoneBuilding OfficialSee Section 6.3.310, Certificate of Occupancy; compliance with all applicable standards of this UDC; conditions of approval; and applicable building code requirements
    Fence PermitConstruction, reconstruction, improvement, or repair of any fence or wall abutting or in direct view of street right-of-wayPrior to commencement of construction, improvement, or repairAlong interior side or rear property lines that do not abut public right-of-wayBuilding OfficialSee Section 6.3.311, Fence Permit
    Manufactured Home Park LicenseMaintain or operate a new or existing manufactured home parkPrior to occupancy and placement of a new manufactured home (see Section 6.3.315, Manufactured Home Placement/Occupancy Permit) or renewal of a manufactured home park permit by December 31st of each yearNoneBuilding OfficialSee Section 6.3.312, Manufactured Home Park License
    Manufactured Home Placement/Occupancy PermitThe placement, use, occupancy, and re-occupancy of a manufactured homePrior to a certificate of occupancyAdditional criteria if manufactured home is located outside a manufactured home park or subdivision (see Section 6.3.313, Manufactured Home Placement/Occupancy Permit)Building OfficialSee Section 6.3.313, Manufactured Home Placement/Occupancy Permit, and Section 4.1.204, Manufactured Home Parks and Subdivisions
    Sign PermitInstallation of a new or replacement signPrior to installation of sign or sign mountSigns that do not require a permit, as set out in Article 4.7, SignsBuilding OfficialSee Section 6.3.314, Sign Permit, and Article 4.7, Signs
    Recreational Vehicle (RV) LicensesConstruction, reconstruction, improvement, or substantial improvement of any recreational vehicle (RV) parkPrior to construction or before change in occupancyNoneBuilding Official or City Commission for a conditional useSee Section 6.3.315, Recreational Vehicle (RV) Park Licenses
    TABLE NOTES:
    1 Cross-references are provided for convenience only and do not exempt the application from complying with all applicable standards of this UDC.
    Table 6.3.102
    Administrative Approvals and Permits
    PermitRequired ForTimingExceptionsIssued ByCross-reference1
    Site Permits
    Land Clearing PermitClearing; grading; excavation; fill, land disturbing activities, or construction of any site improvementsAfter site plan or preliminary plat approval, if required. Prior to commencement of activity for which a permit is requiredThe construction of a single-family detached or duplex dwelling unit in an improved subdivision; agriculture; and forestry
    Code Official
    See Section 6.3.301, Land Clearing Permit
    Site Development PlanNew development, redevelopment, substantial improvement and expansion of multiple-family residential, nonresidential, public/institutional, and mixed use buildings in all districts, as well as for special districtsPrior to a building permitSingle-family and duplex dwellings on individual lotsCode OfficialSee Section 6.3.302, Site Development Plans
    Tree Removal PermitClearing; grading; excavation; fill, land disturbing activities, or construction of any site improvementsAfter site plan or preliminary plat approval, if required. Prior to commencement of activity for which a permit is requiredSingle-family and duplex dwellings on individual lotsCode OfficialSee Section 6.3.303, Tree Removal Permit; all applicable standards of this UDC; and conditions of approval
    Use Permits

    Temporary Use Permit –

    Neighborhood Events

    Neighborhood events including special eventsAt least one week prior to the eventNoneCode OfficialSee Section 2.2.106, Temporary Uses and Section 2.2.205, Temporary Use Standards
    Temporary Use Permit –
    Public and Commercial Events
    Public and commercial events with an expected peak attendance of less than 1,500 personsPrior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes firstPublic and commercial events with an expected peak attendance of more than 1,500 persons requires City Commission approval (see Table 6.3.103, Public Meeting and Hearing Approvals)Code Official (or City Commission)See Section 2.2.106, Temporary Uses and Section 2.2.205, Temporary Use Standards
    Zoning Clearance Permit –
    Permitted and Limited Uses
    New land uses and changes in land usePrior to establishment of a permitted or limited useNoneCode Official, however, may be forwarded to the Planning and Zoning CommissionSee Section 6.3.305, Zoning Clearance Permit, and Article 2.2, Land Use, for a list of permitted and limited uses
    Environmental Permits
    Drainage PlanPrior to installation of a drainage systemPrior to commencement of a land disturbance activity or constructionSingle-family or duplex dwelling units on individual lots in an improved subdivisionCode Official (after input from the City Engineer)See Section 6.3.306, Drainage Plan
    Floodplain Development PermitConstruction and development within an area of special flood hazard or flood-related erosion hazardPrior to commencement of a land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazardNoneFloodplain AdministratorSee Section 6.3.307, Floodplain Development Permit and Division 4.3.200, Floodplain Management and Flood Damage Prevention
    Plans and Plats
    Amending PlatSubdivision of property; land developmentPrior to building permitNoneCode Official, may be referred to City CommissionSee Section 6.3.504, Amending Plat
    Miscellaneous Permits
    Building PermitConstruction, reconstruction, improvement, or repair of any building or structure for which a permit is required by this UDC or applicable building codesPrior to commencement of constructionNoneBuilding OfficialSee Section 6.3.308, Building Permit, and all applicable building codes
    Certificate of AppropriatenessConstruction, reconstruction, alteration, restoration, rehabilitation, relocation, or demolition of any historic landmark or historic property located in the Historic Overlay (HD) DistrictPrior to commencement of constructionNoneRichmond Historical Commission, upon recommendation by the Historic Preservation OfficerSee Section 6.3.309, Certificate of Appropriateness
    Certificate of OccupancyOccupancy of a building or structureUpon completion of construction or before change in occupancyNoneBuilding OfficialSee Section 6.3.310, Certificate of Occupancy; compliance with all applicable standards of this UDC; conditions of approval; and applicable building code requirements
    Fence PermitConstruction, reconstruction, improvement, or repair of any fence or wall abutting or in direct view of street right-of-wayPrior to commencement of construction, improvement, or repairAlong interior side or rear property lines that do not abut public right-of-wayBuilding OfficialSee Section 6.3.311, Fence Permit
    Manufactured Home Park LicenseMaintain or operate a new or existing manufactured home parkPrior to occupancy and placement of a new manufactured home (see Section 6.3.315, Manufactured Home Placement/Occupancy Permit) or renewal of a manufactured home park permit by December 31st of each yearNoneBuilding OfficialSee Section 6.3.312, Manufactured Home Park License
    Manufactured Home Placement/Occupancy PermitThe placement, use, occupancy, and re-occupancy of a manufactured homePrior to a certificate of occupancyAdditional criteria if manufactured home is located outside a manufactured home park or subdivision (see Section 6.3.313, Manufactured Home Placement/Occupancy Permit)Building OfficialSee Section 6.3.313, Manufactured Home Placement/Occupancy Permit, and Section 4.1.204, Manufactured Home Parks and Subdivisions
    Sign PermitInstallation of a new or replacement signPrior to installation of sign or sign mountSigns that do not require a permit, as set out in Article 4.7, SignsBuilding OfficialSee Section 6.3.314, Sign Permit, and Article 4.7, Signs
    Recreational Vehicle (RV) LicensesConstruction, reconstruction, improvement, or substantial improvement of any recreational vehicle (RV) parkPrior to construction or before change in occupancyNoneBuilding Official or City Commission for a conditional useSee Section 6.3.315, Recreational Vehicle (RV) Park Licenses
    TABLE NOTES:
    1 Cross-references are provided for convenience only and do not exempt the application from complying with all applicable standards of this UDC.
    Table 6.3.102
    Administrative Approvals and Permits
    PermitRequired ForTimingExceptionsIssued ByCross-reference1
    Site Permits
    Land Clearing PermitClearing; grading; excavation; fill, land disturbing activities, or construction of any site improvementsAfter site plan or preliminary plat approval, if required. Prior to commencement of activity for which a permit is requiredThe construction of a single-family detached or duplex dwelling unit in an improved subdivision; agriculture; and forestry
    Code Official
    See Section 6.3.301, Land Clearing Permit
    Site Development PlanNew development, redevelopment, substantial improvement and expansion of multiple-family residential, nonresidential, public/institutional, and mixed use buildings in all districts, as well as for special districtsPrior to a building permitSingle-family and duplex dwellings on individual lotsCode OfficialSee Section 6.3.302, Site Development Plans
    Tree Removal PermitClearing; grading; excavation; fill, land disturbing activities, or construction of any site improvementsAfter site plan or preliminary plat approval, if required. Prior to commencement of activity for which a permit is requiredSingle-family and duplex dwellings on individual lotsCode OfficialSee Section 6.3.303, Tree Removal Permit; all applicable standards of this UDC; and conditions of approval
    Use Permits

    Temporary Use Permit –

    Neighborhood Events

    Neighborhood events including special eventsAt least one week prior to the eventNoneCode OfficialSee Section 2.2.106, Temporary Uses and Section 2.2.205, Temporary Use Standards
    Temporary Use Permit –
    Public and Commercial Events
    Public and commercial events with an expected peak attendance of less than 1,500 personsPrior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes firstPublic and commercial events with an expected peak attendance of more than 1,500 persons requires City Commission approval (see Table 6.3.103, Public Meeting and Hearing Approvals)Code Official (or City Commission)See Section 2.2.106, Temporary Uses and Section 2.2.205, Temporary Use Standards
    Zoning Clearance Permit –
    Permitted and Limited Uses
    New land uses and changes in land usePrior to establishment of a permitted or limited useNoneCode Official, however, may be forwarded to the Planning and Zoning CommissionSee Section 6.3.305, Zoning Clearance Permit, and Article 2.2, Land Use, for a list of permitted and limited uses
    Environmental Permits
    Drainage PlanPrior to installation of a drainage systemPrior to commencement of a land disturbance activity or constructionSingle-family or duplex dwelling units on individual lots in an improved subdivisionCode Official (after input from the City Engineer)See Section 6.3.306, Drainage Plan
    Floodplain Development PermitConstruction and development within an area of special flood hazard or flood-related erosion hazardPrior to commencement of a land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazardNoneFloodplain AdministratorSee Section 6.3.307, Floodplain Development Permit and Division 4.3.200, Floodplain Management and Flood Damage Prevention
    Plans and Plats
    Amending PlatSubdivision of property; land developmentPrior to building permitNoneCode Official, may be referred to City CommissionSee Section 6.3.504, Amending Plat
    Miscellaneous Permits
    Building PermitConstruction, reconstruction, improvement, or repair of any building or structure for which a permit is required by this UDC or applicable building codesPrior to commencement of constructionNoneBuilding OfficialSee Section 6.3.308, Building Permit, and all applicable building codes
    Certificate of AppropriatenessConstruction, reconstruction, alteration, restoration, rehabilitation, relocation, or demolition of any historic landmark or historic property located in the Historic Overlay (HD) DistrictPrior to commencement of constructionNoneRichmond Historical Commission, upon recommendation by the Historic Preservation OfficerSee Section 6.3.309, Certificate of Appropriateness
    Certificate of OccupancyOccupancy of a building or structureUpon completion of construction or before change in occupancyNoneBuilding OfficialSee Section 6.3.310, Certificate of Occupancy; compliance with all applicable standards of this UDC; conditions of approval; and applicable building code requirements
    Fence PermitConstruction, reconstruction, improvement, or repair of any fence or wall abutting or in direct view of street right-of-wayPrior to commencement of construction, improvement, or repairAlong interior side or rear property lines that do not abut public right-of-wayBuilding OfficialSee Section 6.3.311, Fence Permit
    Manufactured Home Park LicenseMaintain or operate a new or existing manufactured home parkPrior to occupancy and placement of a new manufactured home (see Section 6.3.315, Manufactured Home Placement/Occupancy Permit) or renewal of a manufactured home park permit by December 31st of each yearNoneBuilding OfficialSee Section 6.3.312, Manufactured Home Park License
    Manufactured Home Placement/Occupancy PermitThe placement, use, occupancy, and re-occupancy of a manufactured homePrior to a certificate of occupancyAdditional criteria if manufactured home is located outside a manufactured home park or subdivision (see Section 6.3.313, Manufactured Home Placement/Occupancy Permit)Building OfficialSee Section 6.3.313, Manufactured Home Placement/Occupancy Permit, and Section 4.1.204, Manufactured Home Parks and Subdivisions
    Sign PermitInstallation of a new or replacement signPrior to installation of sign or sign mountSigns that do not require a permit, as set out in Article 4.7, SignsBuilding OfficialSee Section 6.3.314, Sign Permit, and Article 4.7, Signs
    Recreational Vehicle (RV) LicensesConstruction, reconstruction, improvement, or substantial improvement of any recreational vehicle (RV) parkPrior to construction or before change in occupancyNoneBuilding Official or City Commission for a conditional useSee Section 6.3.315, Recreational Vehicle (RV) Park Licenses
    TABLE NOTES:
    1 Cross-references are provided for convenience only and do not exempt the application from complying with all applicable standards of this UDC.

    Editor's Note:

    Refer to Appendix B, Conditional Use Permit Review Process, for a visual representation of the Conditional Use Permit review process.

    Effective on: 2/20/2023

    Sec. 6.3.103 Public Hearing and Meeting Approvals
  • Generally. Public meeting and hearing approvals are approvals that are those issued by the City after compliance with the requirements of this UDC only after a public meeting or hearing.
  • Public Meeting and Hearing Approvals Established. The public meeting and hearing approvals established by this UDC are set out in Table 6.3.103, Public Meeting and Hearing Approvals. Other development permits may also be required by state or federal law, or the building code.
  • Table 6.3.103
    Public Meeting and Hearing Approvals
    PermitRequired ForTimingExceptionsIssued ByCross-reference1
    Public Meeting Only / No Public Hearing Required
    Plans and Plats
    Land Plan or Concept Plan (for Planned Development)Subdivision of property; land developmentPrior to or concurrent with a preliminary platExceptions set out in Chapter 212, Municipal Regulation of Subdivisions and Property Development, of the Tex. Local Gov't CodeCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.501, Land Plan or Concept Plan
    Preliminary Plats; Final PlatsSubdivision of property; land developmentPreliminary plat is required prior to final plat; final plat required after preliminary plat and prior to, or concurrent with land plan or site development plan Exceptions set out in Chapter 212, Municipal Regulation of Subdivisions and Property Development, of the Tex. Local Gov't CodeCity Commission, upon recommendation by the Planning and Zoning CommissionSee Division 6.3.500, Subdivision and Plat Approvals
    Vacating PlatsSubdivision of property; land development whereby the subdivided land returns to a single unit of property.Prior to a building permitNoneCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.505, Vacating Plats and Re-Plats
    Re-PlatsSubdivision of property; land developmentWithout prior vacation of the existing platNoneCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.505, Vacating Plats and Re-Plats
    Short Form Final PlatSubdivision of property; land development where the subdivision does not contain five or more lots or the dedication of streets, utilities, and infrastructureReview of a preliminary plat concurrent with final plat when the preliminary plat meets all requirements for final plat approvalNoneCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.506, Short Form Final Plat
    Administrative (Minor) PlatSubdivision of property; land development where the subdivision does not contain four or more lots or the dedication of streets, utilities, and infrastructureMeets all requirements of platNoneCity CommissionSee Section 6.3.507, Administrative (Minor) Plat
    Public Hearing Required
    Use Permits
    Conditional Use PermitNew conditional uses; changes to a conditional use; material changes to or expansion of a conditional usePrior to establishment or modification of a conditional useNoneCity Commission, upon recommendation of the Planning and Zoning CommissionSee Section 6.3.401, Conditional Use Permits, and Division 2.2.200, Limited and Conditional Use Standards
    Designation of Historic Landmarks and DistrictsHistoric designation of a building, structure, or site for landmark or districtN/ANoneCity Commission, upon recommendation of the Richmond Historical Commission (RHC)See Section 6.3.402, Designation of Historic Landmarks and Districts
    Temporary Use Permit –
    Public and Commercial Events
    Public and commercial events with an expected peak attendance of  more than 1,500 personsPrior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes firstPublic and commercial events with an expected peak attendance of less than 1,500 persons may be permitted by theCity CommissionSee Section 6.3.403, Temporary Use Permit
    Text and Map Amendments
    RezoningChanging the zoning district of a parcel from one district to anotherPrior to any change in land use other than those that are permitted, limited, or conditional in the respective zoning districtNoneCity Commission, upon recommendation of the Planning and Zoning CommissionSee Section 6.3.405, Rezonings
    Text AmendmentsAmendments to the text of this UDCN/ANoneCity Commission, upon recommendation of the Planning and Zoning CommissionSee Section 6.3.406, Text Amendments to this UDC
    Appeals and Variances
    Appeals of Administrative DecisionsAppeals from decisions of City staffWithin 15 days of the decision appealedNoneZoning Board of AdjustmentSee Section 6.3.601, Appeals of Administrative Decisions
    Floodplain VariancesNeeded for deviations to the floodplain requirementsPrior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard as it relates to deviations to the minimum standards or requirements being variedNoneFloodplain Administrator; however, may be forwarded to the City CommissionSee Section 6.3.307, Floodplain Development Permit and Division 4.3.200, Floodplain Management and Flood Damage Prevention
    Manufactured Home Hardship PermitThe placement or replacement of a manufactured home outside a manufactured home park or subdivisionPrior to the placement or replacement of a manufactured homeNoneCity CommissionSee Section 6.3.408, Manufactured Home Hardship Permit, and Section 4.1.204, Manufactured Home Parks and Subdivisions
    VarianceDeviation from the standards of this UDCPrior to a building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variancesProhibited uses shall not be allowed by varianceZoning Board of AdjustmentSee Section 6.3.409, Variances
    Certificates of Appropriateness/Demolition by Neglect
    Certificate of Appropriateness for Substantive Addition or ModificationHistoric Landmark or property in the HD districtPrior to issue of building permitBuilding elements not viewable from a public right-of-wayRichmond Historical Commission (RHC)See Section 6.3.404,
    Certificate of Appropriateness for a Substantive Addition or Modification
    Certificate of Appropriateness for Demolition Affecting Landmarks or Historic Overlay (HD) DistrictHistoric Landmark or property in the HD districtPrior to issue of a demolition permitClaim of economic hardshipRichmond Historical Commission (RHC), upon review by the Building OfficialSee Section 6.3.410,
    Certificate of Appropriateness for Demolition Affecting Landmarks or Historic Overlay (HD) District
    Demolition by NeglectHistoric Landmark or property in the HD districtPrior to issue of a demolition permitNoneRichmond Historical Commission (RHC), upon review by the Building OfficialSee Section 6.3.411,
    Demolition by Neglect
    Recreational Vehicle (RV) Hardship PermitA RV located on the same RV parking pad site longer than 90 daysPrior to original 90 day allowanceNoneCity CommissionSee Section 6.3.410, Recreational Vehicle (RV) Hardship Permit

    TABLE NOTES:
    1 Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC.
    2 Site Plan permit includes design review.

    Table 6.3.103
    Public Meeting and Hearing Approvals
    PermitRequired ForTimingExceptionsIssued ByCross-reference1
    Public Meeting Only / No Public Hearing Required
    Plans and Plats
    Land Plan or Concept Plan (for Planned Development)Subdivision of property; land developmentPrior to or concurrent with a preliminary platExceptions set out in Chapter 212, Municipal Regulation of Subdivisions and Property Development, of the Tex. Local Gov't CodeCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.501, Land Plan or Concept Plan
    Preliminary Plats; Final PlatsSubdivision of property; land developmentPreliminary plat is required prior to final plat; final plat required after preliminary plat and prior to, or concurrent with land plan or site development plan Exceptions set out in Chapter 212, Municipal Regulation of Subdivisions and Property Development, of the Tex. Local Gov't CodeCity Commission, upon recommendation by the Planning and Zoning CommissionSee Division 6.3.500, Subdivision and Plat Approvals
    Vacating PlatsSubdivision of property; land development whereby the subdivided land returns to a single unit of property.Prior to a building permitNoneCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.505, Vacating Plats and Re-Plats
    Re-PlatsSubdivision of property; land developmentWithout prior vacation of the existing platNoneCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.505, Vacating Plats and Re-Plats
    Short Form Final PlatSubdivision of property; land development where the subdivision does not contain five or more lots or the dedication of streets, utilities, and infrastructureReview of a preliminary plat concurrent with final plat when the preliminary plat meets all requirements for final plat approvalNoneCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.506, Short Form Final Plat
    Administrative (Minor) PlatSubdivision of property; land development where the subdivision does not contain four or more lots or the dedication of streets, utilities, and infrastructureMeets all requirements of platNoneCity CommissionSee Section 6.3.507, Administrative (Minor) Plat
    Public Hearing Required
    Use Permits
    Conditional Use PermitNew conditional uses; changes to a conditional use; material changes to or expansion of a conditional usePrior to establishment or modification of a conditional useNoneCity Commission, upon recommendation of the Planning and Zoning CommissionSee Section 6.3.401, Conditional Use Permits, and Division 2.2.200, Limited and Conditional Use Standards
    Designation of Historic Landmarks and DistrictsHistoric designation of a building, structure, or site for landmark or districtN/ANoneCity Commission, upon recommendation of the Richmond Historical Commission (RHC)See Section 6.3.402, Designation of Historic Landmarks and Districts
    Temporary Use Permit –
    Public and Commercial Events
    Public and commercial events with an expected peak attendance of  more than 1,500 personsPrior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes firstPublic and commercial events with an expected peak attendance of less than 1,500 persons may be permitted by theCity CommissionSee Section 6.3.403, Temporary Use Permit
    Text and Map Amendments
    RezoningChanging the zoning district of a parcel from one district to anotherPrior to any change in land use other than those that are permitted, limited, or conditional in the respective zoning districtNoneCity Commission, upon recommendation of the Planning and Zoning CommissionSee Section 6.3.405, Rezonings
    Text AmendmentsAmendments to the text of this UDCN/ANoneCity Commission, upon recommendation of the Planning and Zoning CommissionSee Section 6.3.406, Text Amendments to this UDC
    Appeals and Variances
    Appeals of Administrative DecisionsAppeals from decisions of City staffWithin 15 days of the decision appealedNoneZoning Board of AdjustmentSee Section 6.3.601, Appeals of Administrative Decisions
    Floodplain VariancesNeeded for deviations to the floodplain requirementsPrior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard as it relates to deviations to the minimum standards or requirements being variedNoneFloodplain Administrator; however, may be forwarded to the City CommissionSee Section 6.3.307, Floodplain Development Permit and Division 4.3.200, Floodplain Management and Flood Damage Prevention
    Manufactured Home Hardship PermitThe placement or replacement of a manufactured home outside a manufactured home park or subdivisionPrior to the placement or replacement of a manufactured homeNoneCity CommissionSee Section 6.3.408, Manufactured Home Hardship Permit, and Section 4.1.204, Manufactured Home Parks and Subdivisions
    VarianceDeviation from the standards of this UDCPrior to a building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variancesProhibited uses shall not be allowed by varianceZoning Board of AdjustmentSee Section 6.3.409, Variances
    Certificates of Appropriateness/Demolition by Neglect
    Certificate of Appropriateness for Substantive Addition or ModificationHistoric Landmark or property in the HD districtPrior to issue of building permitBuilding elements not viewable from a public right-of-wayRichmond Historical Commission (RHC)See Section 6.3.404,
    Certificate of Appropriateness for a Substantive Addition or Modification
    Certificate of Appropriateness for Demolition Affecting Landmarks or Historic Overlay (HD) DistrictHistoric Landmark or property in the HD districtPrior to issue of a demolition permitClaim of economic hardshipRichmond Historical Commission (RHC), upon review by the Building OfficialSee Section 6.3.410,
    Certificate of Appropriateness for Demolition Affecting Landmarks or Historic Overlay (HD) District
    Demolition by NeglectHistoric Landmark or property in the HD districtPrior to issue of a demolition permitNoneRichmond Historical Commission (RHC), upon review by the Building OfficialSee Section 6.3.411,
    Demolition by Neglect
    Recreational Vehicle (RV) Hardship PermitA RV located on the same RV parking pad site longer than 90 daysPrior to original 90 day allowanceNoneCity CommissionSee Section 6.3.410, Recreational Vehicle (RV) Hardship Permit

    TABLE NOTES:
    1 Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC.
    2 Site Plan permit includes design review.

    Table 6.3.103
    Public Meeting and Hearing Approvals
    PermitRequired ForTimingExceptionsIssued ByCross-reference1
    Public Meeting Only / No Public Hearing Required
    Plans and Plats
    Land Plan or Concept Plan (for Planned Development)Subdivision of property; land developmentPrior to or concurrent with a preliminary platExceptions set out in Chapter 212, Municipal Regulation of Subdivisions and Property Development, of the Tex. Local Gov't CodeCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.501, Land Plan or Concept Plan
    Preliminary Plats; Final PlatsSubdivision of property; land developmentPreliminary plat is required prior to final plat; final plat required after preliminary plat and prior to, or concurrent with land plan or site development plan Exceptions set out in Chapter 212, Municipal Regulation of Subdivisions and Property Development, of the Tex. Local Gov't CodeCity Commission, upon recommendation by the Planning and Zoning CommissionSee Division 6.3.500, Subdivision and Plat Approvals
    Vacating PlatsSubdivision of property; land development whereby the subdivided land returns to a single unit of property.Prior to a building permitNoneCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.505, Vacating Plats and Re-Plats
    Re-PlatsSubdivision of property; land developmentWithout prior vacation of the existing platNoneCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.505, Vacating Plats and Re-Plats
    Short Form Final PlatSubdivision of property; land development where the subdivision does not contain five or more lots or the dedication of streets, utilities, and infrastructureReview of a preliminary plat concurrent with final plat when the preliminary plat meets all requirements for final plat approvalNoneCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.506, Short Form Final Plat
    Administrative (Minor) PlatSubdivision of property; land development where the subdivision does not contain four or more lots or the dedication of streets, utilities, and infrastructureMeets all requirements of platNoneCity CommissionSee Section 6.3.507, Administrative (Minor) Plat
    Public Hearing Required
    Use Permits
    Conditional Use PermitNew conditional uses; changes to a conditional use; material changes to or expansion of a conditional usePrior to establishment or modification of a conditional useNoneCity Commission, upon recommendation of the Planning and Zoning CommissionSee Section 6.3.401, Conditional Use Permits, and Division 2.2.200, Limited and Conditional Use Standards
    Designation of Historic Landmarks and DistrictsHistoric designation of a building, structure, or site for landmark or districtN/ANoneCity Commission, upon recommendation of the Richmond Historical Commission (RHC)See Section 6.3.402, Designation of Historic Landmarks and Districts
    Temporary Use Permit –
    Public and Commercial Events
    Public and commercial events with an expected peak attendance of  more than 1,500 personsPrior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes firstPublic and commercial events with an expected peak attendance of less than 1,500 persons may be permitted by theCity CommissionSee Section 6.3.403, Temporary Use Permit
    Text and Map Amendments
    RezoningChanging the zoning district of a parcel from one district to anotherPrior to any change in land use other than those that are permitted, limited, or conditional in the respective zoning districtNoneCity Commission, upon recommendation of the Planning and Zoning CommissionSee Section 6.3.405, Rezonings
    Text AmendmentsAmendments to the text of this UDCN/ANoneCity Commission, upon recommendation of the Planning and Zoning CommissionSee Section 6.3.406, Text Amendments to this UDC
    Appeals and Variances
    Appeals of Administrative DecisionsAppeals from decisions of City staffWithin 15 days of the decision appealedNoneZoning Board of AdjustmentSee Section 6.3.601, Appeals of Administrative Decisions
    Floodplain VariancesNeeded for deviations to the floodplain requirementsPrior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard as it relates to deviations to the minimum standards or requirements being variedNoneFloodplain Administrator; however, may be forwarded to the City CommissionSee Section 6.3.307, Floodplain Development Permit and Division 4.3.200, Floodplain Management and Flood Damage Prevention
    Manufactured Home Hardship PermitThe placement or replacement of a manufactured home outside a manufactured home park or subdivisionPrior to the placement or replacement of a manufactured homeNoneCity CommissionSee Section 6.3.408, Manufactured Home Hardship Permit, and Section 4.1.204, Manufactured Home Parks and Subdivisions
    VarianceDeviation from the standards of this UDCPrior to a building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variancesProhibited uses shall not be allowed by varianceZoning Board of AdjustmentSee Section 6.3.409, Variances
    Certificates of Appropriateness/Demolition by Neglect
    Certificate of Appropriateness for Substantive Addition or ModificationHistoric Landmark or property in the HD districtPrior to issue of building permitBuilding elements not viewable from a public right-of-wayRichmond Historical Commission (RHC)See Section 6.3.404,
    Certificate of Appropriateness for a Substantive Addition or Modification
    Certificate of Appropriateness for Demolition Affecting Landmarks or Historic Overlay (HD) DistrictHistoric Landmark or property in the HD districtPrior to issue of a demolition permitClaim of economic hardshipRichmond Historical Commission (RHC), upon review by the Building OfficialSee Section 6.3.410,
    Certificate of Appropriateness for Demolition Affecting Landmarks or Historic Overlay (HD) District
    Demolition by NeglectHistoric Landmark or property in the HD districtPrior to issue of a demolition permitNoneRichmond Historical Commission (RHC), upon review by the Building OfficialSee Section 6.3.411,
    Demolition by Neglect
    Recreational Vehicle (RV) Hardship PermitA RV located on the same RV parking pad site longer than 90 daysPrior to original 90 day allowanceNoneCity CommissionSee Section 6.3.410, Recreational Vehicle (RV) Hardship Permit

    TABLE NOTES:
    1 Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC.
    2 Site Plan permit includes design review.

    Table 6.3.103
    Public Meeting and Hearing Approvals
    PermitRequired ForTimingExceptionsIssued ByCross-reference1
    Public Meeting Only / No Public Hearing Required
    Plans and Plats
    Land Plan or Concept Plan (for Planned Development)Subdivision of property; land developmentPrior to or concurrent with a preliminary platExceptions set out in Chapter 212, Municipal Regulation of Subdivisions and Property Development, of the Tex. Local Gov't CodeCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.501, Land Plan or Concept Plan
    Preliminary Plats; Final PlatsSubdivision of property; land developmentPreliminary plat is required prior to final plat; final plat required after preliminary plat and prior to, or concurrent with land plan or site development plan Exceptions set out in Chapter 212, Municipal Regulation of Subdivisions and Property Development, of the Tex. Local Gov't CodeCity Commission, upon recommendation by the Planning and Zoning CommissionSee Division 6.3.500, Subdivision and Plat Approvals
    Vacating PlatsSubdivision of property; land development whereby the subdivided land returns to a single unit of property.Prior to a building permitNoneCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.505, Vacating Plats and Re-Plats
    Re-PlatsSubdivision of property; land developmentWithout prior vacation of the existing platNoneCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.505, Vacating Plats and Re-Plats
    Short Form Final PlatSubdivision of property; land development where the subdivision does not contain five or more lots or the dedication of streets, utilities, and infrastructureReview of a preliminary plat concurrent with final plat when the preliminary plat meets all requirements for final plat approvalNoneCity Commission, upon recommendation by the Planning and Zoning CommissionSee Section 6.3.506, Short Form Final Plat
    Administrative (Minor) PlatSubdivision of property; land development where the subdivision does not contain four or more lots or the dedication of streets, utilities, and infrastructureMeets all requirements of platNoneCity CommissionSee Section 6.3.507, Administrative (Minor) Plat
    Public Hearing Required
    Use Permits
    Conditional Use PermitNew conditional uses; changes to a conditional use; material changes to or expansion of a conditional usePrior to establishment or modification of a conditional useNoneCity Commission, upon recommendation of the Planning and Zoning CommissionSee Section 6.3.401, Conditional Use Permits, and Division 2.2.200, Limited and Conditional Use Standards
    Designation of Historic Landmarks and DistrictsHistoric designation of a building, structure, or site for landmark or districtN/ANoneCity Commission, upon recommendation of the Richmond Historical Commission (RHC)See Section 6.3.402, Designation of Historic Landmarks and Districts
    Temporary Use Permit –
    Public and Commercial Events
    Public and commercial events with an expected peak attendance of  more than 1,500 personsPrior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes firstPublic and commercial events with an expected peak attendance of less than 1,500 persons may be permitted by theCity CommissionSee Section 6.3.403, Temporary Use Permit
    Text and Map Amendments
    RezoningChanging the zoning district of a parcel from one district to anotherPrior to any change in land use other than those that are permitted, limited, or conditional in the respective zoning districtNoneCity Commission, upon recommendation of the Planning and Zoning CommissionSee Section 6.3.405, Rezonings
    Text AmendmentsAmendments to the text of this UDCN/ANoneCity Commission, upon recommendation of the Planning and Zoning CommissionSee Section 6.3.406, Text Amendments to this UDC
    Appeals and Variances
    Appeals of Administrative DecisionsAppeals from decisions of City staffWithin 15 days of the decision appealedNoneZoning Board of AdjustmentSee Section 6.3.601, Appeals of Administrative Decisions
    Floodplain VariancesNeeded for deviations to the floodplain requirementsPrior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard as it relates to deviations to the minimum standards or requirements being variedNoneFloodplain Administrator; however, may be forwarded to the City CommissionSee Section 6.3.307, Floodplain Development Permit and Division 4.3.200, Floodplain Management and Flood Damage Prevention
    Manufactured Home Hardship PermitThe placement or replacement of a manufactured home outside a manufactured home park or subdivisionPrior to the placement or replacement of a manufactured homeNoneCity CommissionSee Section 6.3.408, Manufactured Home Hardship Permit, and Section 4.1.204, Manufactured Home Parks and Subdivisions
    VarianceDeviation from the standards of this UDCPrior to a building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variancesProhibited uses shall not be allowed by varianceZoning Board of AdjustmentSee Section 6.3.409, Variances
    Certificates of Appropriateness/Demolition by Neglect
    Certificate of Appropriateness for Substantive Addition or ModificationHistoric Landmark or property in the HD districtPrior to issue of building permitBuilding elements not viewable from a public right-of-wayRichmond Historical Commission (RHC)See Section 6.3.404,
    Certificate of Appropriateness for a Substantive Addition or Modification
    Certificate of Appropriateness for Demolition Affecting Landmarks or Historic Overlay (HD) DistrictHistoric Landmark or property in the HD districtPrior to issue of a demolition permitClaim of economic hardshipRichmond Historical Commission (RHC), upon review by the Building OfficialSee Section 6.3.410,
    Certificate of Appropriateness for Demolition Affecting Landmarks or Historic Overlay (HD) District
    Demolition by NeglectHistoric Landmark or property in the HD districtPrior to issue of a demolition permitNoneRichmond Historical Commission (RHC), upon review by the Building OfficialSee Section 6.3.411,
    Demolition by Neglect
    Recreational Vehicle (RV) Hardship PermitA RV located on the same RV parking pad site longer than 90 daysPrior to original 90 day allowanceNoneCity CommissionSee Section 6.3.410, Recreational Vehicle (RV) Hardship Permit

    TABLE NOTES:
    1 Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC.
    2 Site Plan permit includes design review.

     (Ord. No. 2017-21, 09/05/2017; Ord. No. 2018-02, 07/16/2018)

    Effective on: 1/1/1901

    Sec. 6.3.201 Generally
  • Generally. The standardized approval procedures of this Division apply to all applications for development approval that are set out in Division 6.3.100, Required Permits and Approvals.
  • Development Approval Process. In general, the approval procedures set out in this Division are intended to be undertaken in sequence until the application is considered and decided by the decision-maker identified in Section 6.3.102, Administrative Approvals and Permits, or Section 6.3.103, Public Hearing and Meeting Approvals.
  • Effective on: 1/1/1901

    Sec. 6.3.202 Pre-Application Conference
  • Generally.
    1. A pre-application conference is recommended for all applications for development approval except applications for building permits for single-family detached or duplex dwellings, residential accessory buildings or structures, and signs. At the pre-application conference, the Code Official, or designee, and other members of the Development Review Committee, as appropriate, will meet with the applicant to review preliminary materials, identify issues, and advise the applicant regarding which applications and approvals will be required from the City and what information will have to be provided.
    2. Informal meetings may be scheduled prior to a pre-application conference, at the discretion of the applicant and the City staff. Such meetings are recommended prior to the development of land plans, site development plans, and preliminary plats.
  • Required Materials.
    1. The applicant shall bring (or submit prior to) sufficient supporting materials to explain:
      1. The location of the project;
      2. The proposed uses (in general terms);
      3. The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities;
      4. The relationship to existing development and street right-of-way;
      5. The presence of natural resources, floodplains, and floodways on the parcel proposed for development; and
      6. Any other conditions or items that the applicant believes are relevant to the processing of the application.
    2. The Code Official may request that the applicant bring completed application forms (in draft form) for the types of permits or approvals being sought.
  • Effective on: 1/1/1901

    Sec. 6.3.203 Filing of Application
  • Generally. Every application for development approval required by this UDC shall be submitted on a form approved by the Code Official, along with the corresponding application fee.
  • Forms.
    1. The Code Official shall promulgate and periodically revise forms for each type of application required by this UDC.
    2. Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the Code Official, or designee, and have the purpose of facilitating:
      1. The evaluation of applications for compliance with the standards of this UDC; and
      2. The administration of this UDC.
  • Schedule. The Code Official is authorized, but not required, to establish regular intake days for any or all classifications of applications for development approval, provided that:
    1. The schedule is posted at City Hall and on the City's website; and
    2. The schedule provides for applications to be submitted in accordance with the following:
      1. Building permits are not limited to certain days.
      2. At least twice per month for applications listed in Section 6.3.103, Public Hearing and Meeting Approvals.
    3. The schedule does not restrict the timing of notices of appeal.
  • Effective on: 1/1/1901

    Sec. 6.3.204 Application Completeness Review
  • Generally. All development review applications shall be reviewed for completeness by the Code Official.
    1. Applications with Submittal Deadlines. For application types that have an established submittal deadline, the application completeness review shall be complete no later than five business days after the specified submittal deadline.
    2. Applications without Submittal Deadlines. For application types that do not have an established submittal deadline, the application completeness review shall be complete no later than five business days from the date the application is submitted.
  • Incomplete Applications.
    1. Incomplete applications shall be returned to the applicant, along with any fee included with the application, with a written explanation that describes in general terms the materials that must be submitted in order to complete the application.
    2. An application that does not include the applicable processing fee shall not be considered complete.
    3. Incomplete applications are not considered filed.
  • Complete Applications. Complete applications shall be processed according to the applicable standardized development approval procedures of this Division.
  • Effective on: 1/1/1901

    Sec. 6.3.205 Administrative Review and Referral
  • Generally. Upon determination that an application is complete, the Code Official shall cause the application to be reviewed for technical compliance with all applicable requirements of this UDC.
  • Recommended Revisions.
    1. ​​The Code Official shall provide comments from the Development Review Committee and others as necessary, to the applicant, who shall revise and resubmit materials with appropriate changes within the time required by Section 6.3.211, Stale Applications.
    2. The resubmittal shall not require an application fee unless both of the following conditions are met:
      1. The revisions are not related to the comments or are incomplete; and
      2. Repeated failure to address comments requires more than three rounds of revisions.
  • Administrative Recommendation or Decision. Promptly after submittal of a complete application that addresses City staff and other development review comments:
    1. If the application is for an administrative approval, the Code Official shall approve, approve with conditions, or deny the application, as appropriate.
    2. If the application is for a public meeting or public hearing approval, the Code Official shall make a recommendation regarding the application and forward the recommendation to the next administering body (e.g., Planning and Zoning Commission, Zoning Board of Adjustment, City Commission, etc.), as described in Section 6.3.103, Public Hearing and Meeting Approvals, who will consider it for further recommendation or approval.
  • Meeting Logistics.
    1. ​​If the application is for a public meeting or hearing approval, the City Secretary, in coordination with the Code Official, shall set the application on the next available agenda of the administering body that will consider the application, consistent with the legal requirements for public notice, as set out in Section 6.3.206, Public Notice.
    2. The Code Official shall coordinate with the applicable administering body to fix reasonable times for public hearings.
    3. The Code Official shall notify the applicant regarding the time and place of a public hearing.
  • (Ord. No. 2018-11, 08/20/2018) 

    Effective on: 8/20/2018

    Sec. 6.3.206 Public Notice
  • Generally. Public Notice of public hearings required by this UDC shall be provided as required by Table 6.3.206, Required Notice.
  • Table 6.3.206
    Required Notice
    Type of Public HearingTypes of Notice Required
    Publication NoticeMailed Notice
    Appeals of Administrative DecisionsPublished not less than 10 days
    before the public hearing
    Not Required
    Certificate of AppropriatenessPublished not less than 14 days
    before the public hearing
    Written notice shall be sent not less than 14 days before such hearing1
    Certificate of Appropriateness for Demolition Affecting Landmarks or Historic Overlay (HD) District

    Published not less than 14 days

    before the public hearing

    Written notice shall be sent not less than 14 days before such hearing1
    Conditional Use PermitsPublished not less than 15 days
    before the public hearing
    Written notice shall be sent not less than 15 days before such hearing
    Designation of Historic Landmarks
    or Districts
    Published not less than 14 days
    before the public hearing
    Written notice shall be sent not less than 14 days before such hearing
    Manufactured Home Hardship PermitPublished not less than 10 days
    before the public hearing
    Written notice shall be sent not less than 10 days before such hearing2
    Temporary Use PermitPublished not less than 15 days
    before the public hearing
    Written notice shall be sent not less than 15 days before such hearing
    Text Amendments to this UDCPublished not less than 15 days
    before the public hearing
    Not Required
    VariancesPublished not less than 10 days
    before the public hearing
    Written notice shall be sent not less than 10 days before such hearing
    Zone Changes (e.g., rezoning)Published not less than 15 days
    before the public hearing
    Written notice shall be sent not less than 15 days before such hearing
    Demolition by NeglectPublished not less than 14 days
    before the public hearing
    Written notice shall be sent not less than 14 days before such hearing1
    Table Notes:
    1. Notice must also be posted on the property, as established by the Historic Preservation Officer (HPO).
    2. Certified mail, return receipt requested.
    Table 6.3.206
    Required Notice
    Type of Public HearingTypes of Notice Required
    Publication NoticeMailed Notice
    Appeals of Administrative DecisionsPublished not less than 10 days
    before the public hearing
    Not Required
    Certificate of AppropriatenessPublished not less than 14 days
    before the public hearing
    Written notice shall be sent not less than 14 days before such hearing1
    Certificate of Appropriateness for Demolition Affecting Landmarks or Historic Overlay (HD) District

    Published not less than 14 days

    before the public hearing

    Written notice shall be sent not less than 14 days before such hearing1
    Conditional Use PermitsPublished not less than 15 days
    before the public hearing
    Written notice shall be sent not less than 15 days before such hearing
    Designation of Historic Landmarks
    or Districts
    Published not less than 14 days
    before the public hearing
    Written notice shall be sent not less than 14 days before such hearing
    Manufactured Home Hardship PermitPublished not less than 10 days
    before the public hearing
    Written notice shall be sent not less than 10 days before such hearing2
    Temporary Use PermitPublished not less than 15 days
    before the public hearing
    Written notice shall be sent not less than 15 days before such hearing
    Text Amendments to this UDCPublished not less than 15 days
    before the public hearing
    Not Required
    VariancesPublished not less than 10 days
    before the public hearing
    Written notice shall be sent not less than 10 days before such hearing
    Zone Changes (e.g., rezoning)Published not less than 15 days
    before the public hearing
    Written notice shall be sent not less than 15 days before such hearing
    Demolition by NeglectPublished not less than 14 days
    before the public hearing
    Written notice shall be sent not less than 14 days before such hearing1
    Table Notes:
    1. Notice must also be posted on the property, as established by the Historic Preservation Officer (HPO).
    2. Certified mail, return receipt requested.
    Table 6.3.206
    Required Notice
    Type of Public HearingTypes of Notice Required
    Publication NoticeMailed Notice
    Appeals of Administrative DecisionsPublished not less than 10 days
    before the public hearing
    Not Required
    Certificate of AppropriatenessPublished not less than 14 days
    before the public hearing
    Written notice shall be sent not less than 14 days before such hearing1
    Certificate of Appropriateness for Demolition Affecting Landmarks or Historic Overlay (HD) District

    Published not less than 14 days

    before the public hearing

    Written notice shall be sent not less than 14 days before such hearing1
    Conditional Use PermitsPublished not less than 15 days
    before the public hearing
    Written notice shall be sent not less than 15 days before such hearing
    Designation of Historic Landmarks
    or Districts
    Published not less than 14 days
    before the public hearing
    Written notice shall be sent not less than 14 days before such hearing
    Manufactured Home Hardship PermitPublished not less than 10 days
    before the public hearing
    Written notice shall be sent not less than 10 days before such hearing2
    Temporary Use PermitPublished not less than 15 days
    before the public hearing
    Written notice shall be sent not less than 15 days before such hearing
    Text Amendments to this UDCPublished not less than 15 days
    before the public hearing
    Not Required
    VariancesPublished not less than 10 days
    before the public hearing
    Written notice shall be sent not less than 10 days before such hearing
    Zone Changes (e.g., rezoning)Published not less than 15 days
    before the public hearing
    Written notice shall be sent not less than 15 days before such hearing
    Demolition by NeglectPublished not less than 14 days
    before the public hearing
    Written notice shall be sent not less than 14 days before such hearing1
    Table Notes:
    1. Notice must also be posted on the property, as established by the Historic Preservation Officer (HPO).
    2. Certified mail, return receipt requested.
    Table 6.3.206
    Required Notice
    Type of Public HearingTypes of Notice Required
    Publication NoticeMailed Notice
    Appeals of Administrative DecisionsPublished not less than 10 days
    before the public hearing
    Not Required
    Certificate of AppropriatenessPublished not less than 14 days
    before the public hearing
    Written notice shall be sent not less than 14 days before such hearing1
    Certificate of Appropriateness for Demolition Affecting Landmarks or Historic Overlay (HD) District

    Published not less than 14 days

    before the public hearing

    Written notice shall be sent not less than 14 days before such hearing1
    Conditional Use PermitsPublished not less than 15 days
    before the public hearing
    Written notice shall be sent not less than 15 days before such hearing
    Designation of Historic Landmarks
    or Districts
    Published not less than 14 days
    before the public hearing
    Written notice shall be sent not less than 14 days before such hearing
    Manufactured Home Hardship PermitPublished not less than 10 days
    before the public hearing
    Written notice shall be sent not less than 10 days before such hearing2
    Temporary Use PermitPublished not less than 15 days
    before the public hearing
    Written notice shall be sent not less than 15 days before such hearing
    Text Amendments to this UDCPublished not less than 15 days
    before the public hearing
    Not Required
    VariancesPublished not less than 10 days
    before the public hearing
    Written notice shall be sent not less than 10 days before such hearing
    Zone Changes (e.g., rezoning)Published not less than 15 days
    before the public hearing
    Written notice shall be sent not less than 15 days before such hearing
    Demolition by NeglectPublished not less than 14 days
    before the public hearing
    Written notice shall be sent not less than 14 days before such hearing1
    Table Notes:
    1. Notice must also be posted on the property, as established by the Historic Preservation Officer (HPO).
    2. Certified mail, return receipt requested.
    1. Procedural Requirements for Notice. All notices shall describe the action proposed to be taken and the date, time, and place of the public hearing. In addition, the following requirements apply based on the type of required notice:
      1. Publication Notice. Notice shall be published in an official newspaper of general circulation in the City as provided by state law.
      2. Mailed Notice.
        1. Written notice shall be sent to all owners of real property which is located within 200 feet of the subject property or within 200 feet of any other abutting property under the same ownership as the subject property.
        2. Measurements shall be taken inclusive of public streets.
        3. Such notice may be served by using the last known address as listed on the City tax roll and depositing the notice, postage paid, with the United States Postal Service (USPS).
        4. As specified in Table 6.3.206, Required Notice, certain notices require certified mail, return receipt requested.

    (Ord. No. 2017-21, 09/05/2017)

    Effective on: 1/1/1901

    Sec. 6.3.207 Public Meetings and Hearings
  • Generally. All public meetings and hearings shall be open to the public except as otherwise provided in the Chapter 551, Open Meetings, of the Tex. Gov't Code (also known as the "Texas Open Meetings Act"). However, not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this UDC are classified as requiring a "public meeting" or "public hearing."
  • Joint Meetings. Any public hearing required by this UDC or the laws of the state may be held jointly with any public hearing required to be held by any other board, council, or commission of the City, except the Zoning Board of Adjustment. Such joint meetings may be held after publication of notice as required by law.
  • Public Meetings. Any board, council, or commission that is identified in Article 6.2, Administrative Bodies, except the Zoning Board of Adjustment, may establish a consent agenda. The consent agenda may consist of all matters brought before the board, council, or commission for action that does not require a public hearing. All items on the consent agenda shall be approved simultaneously by motion without comment or debate. An item may be removed from the consent agenda prior to said approval at the request of any member of the board, council, or commission present at the meeting, or by City staff. Items removed from the consent agenda shall be considered on the regular agenda.
  • Public Hearings.
    1. Procedures. Boards, councils, and commissions will adopt rules of procedure for the conduct of public hearings. The following general procedures shall be reflected in the adopted rules of procedure.
      1. Any person may appear at a public hearing, submit evidence, and be heard.
      2. If a speaker represents an organization, the body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration.
      3. Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.
      4. Citizens, applicants, and the City have the right to present expert witnesses.
      5. The chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant.
    2. Representation. Persons appearing before a board, council, or commission may appear in person or through a representative or agent. The representative or agent shall provide satisfactory proof of his or her authority upon the request of the City, board, council, or commission.
    3. Quorum. The number of members of a board, council, or commission that is required in order to constitute a quorum is set out in the City's Code of Ordinances and in Division 6.2.100, Commissions and Boards.​
  • Decisions.
    1. All Decisions. Except when voice votes are authorized, a vote shall be conducted in such manner that the public may know the vote of each person entitled to vote.
    2. Planning and Zoning Commission and City Council Decisions. Except where this UDC or state statutes provide otherwise, official action requires the favorable vote of a majority of a quorum present.
    3. Zoning Board of Adjustment Decisions. In accordance with Section 211.009, Authority of Board, of the Tex. Local Gov't Code, the decisions of the Zoning Board of Adjustment are as follows.
      1. In exercising its powers, the Zoning Board of Adjustment may, in conformity with the provisions of the statutes of the state as existing or hereafter amended, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.
      2. The Zoning Board of Adjustment shall have the power to impose reasonable conditions to be complied with by the applicant. The concurring vote of 75 percent of the number of regular members of the Zoning Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this Chapter or to effect any variance in said Chapter.
    4. Protest against change. In case of a protest against a change in zoning district, signed by the owners of 20 percent or more either of the land included in such proposed change, or of the land within 200 feet thereof, including any intervening public street, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the City Commission.
  • Time Limitations for Decisions.
    1. For rezoning applications, the Planning and Zoning Commission may defer its report for not more than 60 days to the City Commission. If the Planning and Zoning Commission fails to finally report after 60 days to the City Commission, then the report is deemed to have a recommendation of denial. If the Planning and Zoning Commission makes a recommendation after the public hearing, then the proposal will move forward to the next regularly scheduled City Commission hearing in accordance with Section 6.3.206, Public Notice.
    2. For preliminary and final plats, the City Commission shall have final consideration of approval, which must occur within 30 days from when the application has been determined complete.
  • Conditions of Approval. Some procedures set out in this UDC authorize the administering body to impose such conditions upon the premises benefited by the approval as may be necessary to reduce, minimize or eliminate potential adverse impact upon other property in the area, or to carry out the general purpose and intent of the Comprehensive Master Plan and this UDC. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development, and shall be roughly proportional in both extent and amount to the anticipated impacts of the proposed use or development, and / or shall carry out the general purpose and intent of the City's Comprehensive Master Plan and this UDC. No conditions of approval, except for those attached to a variance approval, shall be less restrictive than the requirements of this UDC.
  • Effective on: 1/1/1901

    Sec. 6.3.208 Continuances and Withdrawal of Applications
  • Continuances. Requests for continuance of any proceeding called for in this UDC may be granted at the discretion of the administering body holding the meeting. If granted, the applicant shall pay all additional costs associated with the rescheduling of the proceeding.
  • Withdrawal. Any application may be withdrawn, either in writing or on the record during the proceeding before the recommendation or decision is made.
  • Effective on: 1/1/1901

    Sec. 6.3.209 Successive Application
  • Generally. It is the policy of the City not to hear successive applications for the same approval after an application is denied. The limitations of this Section prevent the consideration of successive applications.
  • Time Required Between Substantially Similar Applications. The City shall not accept any application that is substantially similar to an application that was denied six months prior.
  • Appeal and Waiver of Restrictions.
    1. The Code Official's determination that an application is substantially similar to a denied application is subject to administrative appeal (see Section 6.3.601, Appeals of Administrative Decisions).
    2. In the alternative to an appeal, the applicant may seek a waiver of the successive application rules from the City Commission, which may grant the waiver for good cause shown.
  • Effective on: 1/1/1901

    Sec. 6.3.210 Inspection of Public Improvements
  • Generally. The City shall have the authority to inspect work and materials furnished as part of the work associated with the construction of public improvements. Inspections made by the City are for the sole benefit of the City and do not relieve the contractor, owner, or developer of any obligations or liabilities.
  • Effect on Certificate of Occupancy. Except as otherwise agreed by the City, no certificate of occupancy for any habitable structure shall be issued until all required public improvements have been completed and finally accepted for maintenance and/or ownership by the City or other applicable public agency or private party.
  • Effective on: 1/1/1901

    Sec. 6.3.211 Stale Applications
  • Generally. Applications for development approval must be diligently pursued by the applicant. Accordingly, this Section extinguishes applications that become stale due to inaction by the applicant.
  • Expiration of Stale Applications.
    1. When an action by the applicant is required for further processing of an application (e.g., submittal of supplementary documentation), the application shall become void six months after the date that the action is requested if:
      1. The applicant fails to take action; or
      2. The applicant fails to request an extension of time pursuant to Subsection C., below.
    2. When an action by the applicant is required for further processing of an application for preliminary plat approval, the application shall become void 29 days from receipt of the application if the application has remained dormant during that period where no activity has occurred toward the completion of the application, where changes or corrections are required, or where instruments or documents requested or required is not forthcoming within that period from the property owner or authorized agent.
    3. No refunds of application fees will be issued to applicants whose applications expire pursuant to this Section.
  • Extension of Time. Except for final plats, the time for expiration of an application may be extended by up to six additional months upon written request of the applicant before the end of the period set out in Subsection B., above.
  • Effect of Expiration. Applications that expire pursuant to this Section shall automatically become null and void, closed and discarded without further notice or activity by the City. Any application proposal for a lot, parcel, or tract, regardless of the commonality with an expired application, will be treated as a new application, subject to requirements in effect at the time of the most recent submittal, and with new fees.
  • Effective on: 1/1/1901

    Sec. 6.3.301 Land Clearing Permit
  • Generally. For the purpose of protecting significant stands of trees and individual protected trees, land may not be clear cut in preparation for development. Instead, a land clearing permit shall be requested and issued before removing any vegetative cover, excavating, filling, or generally disturbing the land.
  • Required. A land clearing permit is required when any of the following, but not limited to the following, exist:
    1. Any excavation, fill, or land disturbing activity involving an earthwork volume greater than 100 cubic yards.
    2. Construction, paving, or re-paving of any driveway, private street, parking lot, sidewalk, or path.
    3. Construction of any paved or improved hard surface larger than 1,000 square feet in area.
    4. Construction or installation of any sewer pipe, swale, or ditch for drainage purposes, except footing tiles or roof drainage interior to a structure.
    5. Installation of any exterior lighting for any site or use except single-family detached and duplex dwelling units.
    6. Comply with stormwater management requirements set out in Division 4.3.400, Grading, Erosion, and Stormwater Management, and Article 4.6, Infrastructure.
  • Permit Conditions. All land clearing permits are issued upon the following conditions:
    1. The applicant shall notify the Code Official at least five days before beginning any land disturbing activity;
    2. The applicant shall install and maintain all erosion control measures;
    3. The applicant shall maintain all road drainage systems, storm water drainage systems, and other facilities;
    4. The applicant shall remove sediment resulting from land disturbing activities from adjacent surfaces and/or drainage courses;
    5. The applicant shall allow the Code Official or designee to enter the site to verify compliance or to perform any work necessary to bring the site into compliance with approved permit; and
    6. The applicant shall submit a revised land clearing permit for approval if the nature of the project changes from that proposed under the approved permit.
  • Decision Criteria. A land clearing permit shall be issued if the Code Official finds that:
    1. All applicable requirements of this Section and UDC have been met; and
    2. If any state or federal approvals are required, said approvals have been granted.
  • Effective on: 1/1/1901

    Sec. 6.3.302 Site Development Plan
  • Generally. A site development plan is required for all development, redevelopment, and substantial improvement to multi-family, nonresidential, public/institutional, and mixed-use development.
  • Application. A site development plan application shall state the name(s) and address(es) of the owner or developer and applicant (if applicable) for the parcel proposed for development, all applicable fees, and the requirements listed in Subsection C., below.
  • Requirements. A site development plan must be accompanied by a site plan at a scale of one inch equals 100 feet, unless a lesser scale is authorized by the Code Official, showing each existing or proposed building, structure, or improvement or proposed modification of the external configuration of the building, structure, or improvement involving a change, together with open spaces, landscaped areas, parking and loading, and vehicular and pedestrian circulation, as well as an indication of the square footage of gross floor area proposed. The site plan shall be supplemented with the following:
    1. Grading plan showing the proposed grading of all land disturbing activities on the site tied to existing grades which include:
      1. Grading shall meet the design criteria set out in the most recent version of the Stormwater Management Handbook for Construction Activities Prepared by Harris County/Harris County Flood Control District and City of Houston, and be adequate to prevent transportation of sediment from the site to the satisfaction of the City;
      2. Clearing and grading of any natural resources such as forests and wetlands when in compliance with all the standards of this UDC and clearing techniques are those used in the Stormwater Management Handbook for Construction Activities Prepared by Harris County/Harris County Flood Control District and City of Houston;
      3. Phasing may be required on all sites disturbing greater than 30 acres, with the size of each phase to be established at plan review as approved by the City; and
      4. Cut and fill slopes shall be no greater than a three to one ratio, except as approved by the City to meet other community or environmental objectives.
    2. Engineering plans for water, sewer, and other utilities, as well as street(s) and parking construction.
    3. Stormwater management plan showing detention/retention facilities providing for a 100-year storm and storm sewers or surface drainage providing for a 25-year storm.
    4. Landscaping plan showing trees to be removed or preserved, and new landscaping delineating and annotating canopy, shrub, and ground covering plantings.
    5. A buffering plan in accordance with Division 4.4.300​, Buffering, showing the location and width of the bufferyard, together with the number and types of trees and shrubs and any fences or walls and their material(s) and height(s).
    6. A lighting plan in accordance with Division 4.2.300, Outdoor Lighting, showing the location and design of fixtures and illumination levels across the property and into neighboring properties. A statement shall accompany this plan indicating that light spillover will not exceed the stated limit, or corrections will be made in the case of spillover.
    7. Building elevations and exterior finish schedules in accordance with Article 5.1, Building Design Standards.
    8. Sign plan.
  • Exceptions. A site development plan is not required for the following activities:
    1. Construction of single-family and duplex dwellings in an improved subdivision or on an unplatted parcel;
    2. Construction of a building addition that does not exceed 15 percent of the gross floor area or that does not require an expansion in the number of parking spaces exceeding 15 percent;
    3. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources; and
    4. Existing nursery and agricultural operations conducted as a permitted principal and/or accessory use.
  • Procedures. The Code Official shall review each application for a site development plan to determine its conformance with the provision of this UDC. The City shall inform the applicant in writing of:
    1. Approval of the application in writing;
    2. Approval of the application with conditions stated in writing;
    3. Denial of the application indicating in writing the reason(s) and procedure for re-submitting a revised plan; or
    4. The decision of the Code Official to refer the site development plan to the Planning and Zoning Commission for their review and consideration when:
      1. Discretion is required as to the appropriateness and level of conformity of the site development plan with the standards of this Code and the policies and objectives of City plans;
      2. In the determination of the Code Official, the site development plan does not conform to the standards and requirements of this Code;
      3. The applicant requests variations or modifications to the standards of this Code; or
      4. The applicant appeals the recommendation or decision of the Code Official and requests the review and decision of the Planning and Zoning Commission.
  • Decision Criteria. The criteria used to determine conformance with the standards of this Code shall include, but are not limited to, those that are applicable to the respective use and site or building type, generally including:
    1. Be used to implement the objectives and directions of the Comprehensive Master Plan and any special area plans in a manner that is consistent with the standards of this Code.
    2. Be designed to minimize impacts on the reasonable development expectations or the use and enjoyment of adjacent land or the public interest, consistent with the applicable standards of this Code.
    3. Not materially and adversely affect the public health or safety through interpretations of the standards of this Code that do not give full effect to other provisions that would be protective to health and safety if applied.
    4. Recognize the limits of existing and planned infrastructure, by examination of the availability and capacity of water, sewer, drainage, and transportation systems to serve present and future land uses.
    5. Provide for compatibility between the proposed development, surrounding land uses (existing or planned), and the natural environment.
    6. Provide for efficient and adequate provision of public services and solid waste removal.
    7. Protect public health and safety against natural and man-made hazards which include, but are not limited to, traffic noise, water pollution, and flooding.
    8. Provide for accessibility within the proposed development and appropriate connectivity or buffering between the development and existing adjacent uses.
  • Plan Conditions. An erosion and sediment control plan shall be approved by the City before approval of a site development plan can be granted. The erosion and sediment control plan is required for land disturbance of five acres or more (see Section 4.3.406, Erosion and Sediment Control Plan).
  • Conditions for Revocation. If a site is developed in a manner which adversely affects the health, welfare, or safety of persons residing or working in the neighborhood or on the development site as to be detrimental to the public welfare or injurious to property or improvements, the City shall suspend or revoke said approval of the site development plan.
  • Effective on: 1/1/1901

    Sec. 6.3.303 Tree Removal Permit
  • Generally. Tree removal permits are required prior to the removal of up to three protected trees per lot or per acre of an unplatted or undeveloped parcel.
  • Processing. The applicant shall furnish all necessary information as required by the City. The Code Official may approve, deny, or conditionally approve a request for removal of up to three protected trees per lot or per acre of an unplatted or undeveloped parcel. For requests involving up to three protected trees, the decision of the Code Official may be appealed to the City Manager whose decision may be appealed to the City Commission pursuant to the provisions of this Section. Any request for removal of four or more protected trees on any lot or parcel shall be recommended for approval conditional approval, or denial by the Code Official to the Planning and Zoning Commission who shall approve, conditionally approve, or deny the permit.
  • Standards. A tree permit may be approved based upon one or more of the following findings by the decision maker:
    1. The condition or location of the protected tree requires pruning to maintain or aid its health, balance, or structure;
    2. The condition of the protected tree with respect to disease, danger of falling, proximity to existing structures, high pedestrian traffic areas (such as parking lots or pedestrian walkways), or interference with utility services cannot be controlled or remedied through reasonable and/or preventative procedures and practices; or
    3. It is necessary to remove, relocate, prune, or encroach into the protected zone of a protected tree to enable the reasonable and conforming use of the subject property.
  • Reductions. A applicant may be allowed a reduction in the number and size of the replacement trees if the applicant clearly demonstrates to the City Commission that one or more of the following sets of circumstance's is present:
    1. There is insufficient available space on the affected subject site for all the replacements initially calculated, taking into account the space ultimately needed for trees upon maturity;
    2. There are sufficient remaining trees on the affected subject site to maintain cover and diversity in the City as a whole; or
    3. The number of replacements calculated by the formula is unreasonably large, and the urban forest would not be substantially affected if the reduction was allowed.
  • Conditions of Removal. Conditions may be imposed on the permit at the discretion of the decision maker including, but not limited to, a condition requiring:
    1. A condition requiring the placement of additional trees on the subject property as recommended by the Planning and Zoning Commission and established by the City Commission, to offset the impacts associated with the removal or pruning of a tree or encroachment into the protected root zone of a tree;
    2. Relocation of a tree on-site or off-site, or the planting of a new tree off-site to replace the loss of a tree;
    3. A maintenance and care program initiated to insure the continued health and care of tree(s) on the property; or
    4. A condition requiring payment of a fee of $200.00 per removed tree up to a maximum of $4,000.00 to the City to be used elsewhere in the City.
  • Effective on: 1/1/1901

    Sec. 6.3.304 Temporary Use Permit
  • Generally. A temporary use permit is required as a precondition to establishment of a temporary use.
  • Application. An application for a temporary use permit shall be on a form approved by the Code Official. An application for a temporary use may be filed by the owner, or other person having a contractual interest in, the subject property.
  • Required. As set out in Section 2.2.106, Temporary Uses, this Section is applicable to the following administrative approvals:
    1. Neighborhood events;
    2. Commercial outdoor sales events and public special events with an expected peak attendance of less than 1,500 persons and where indicated as "limited" in Table 2.2.106, Temporary Uses; and
    3. Construction, storage, and refuse collection uses indicated as "limited" in Table 2.2.106, Temporary Uses.
  • Decision Criteria. The Code Official shall approve, approve with conditions, or deny the application depending on how it meets the substantive requirements of this UDC, particularly those specified for the proposed use in Section 2.2.106, Temporary Uses, and Section 2.2.205, Temporary Use Standards.
  • Effective on: 1/1/1901

    Sec. 6.3.305 Zoning Clearance Permit
  • Generally. A zoning clearance permit is an an administrative procedure in which the Code Official verifies that an application for development approval of a permitted or limited use, or a building or structure that is permitted without site plan approval, complies with the requirements of this UDC (see Section 6.3.102, Administrative Approvals and Permits). In addition, a zoning clearance permit is required as a precondition to establishment of or changes in use, as well as redevelopment, or substantial improvement of an existing building or structure.
  • Application. Applications for zoning clearance permits shall be on a form approved by the Code Official.
  • Required. Required for the establishment of a new use or redevelopment of an existing site.
  • Decision Criteria. The Code Official shall approve or deny the application based on the following:
    1. Zoning clearance permits for permitted uses shall be approved if it is demonstrated the parcel proposed for development meets the applicable substantive requirements of this UDC.
    2. Zoning clearance permits for limited uses shall be approved if it is demonstrated that the parcel proposed for development meets the applicable substantive requirements of this UDC, including the applicable additional standards that are set out in Division 2.2.200, Limited and Conditional Use Standards, for limited uses.
    3. Zoning clearance permits may be issued simultaneously with building permits or other required permits.
  • Effective on: 1/1/1901

    Sec. 6.3.306 Drainage Plan
  • Generally. Every proposed development must have a drainage system that shall be designed by a registered professional engineer and constructed by the developer or subdivider, as set out in Division 4.6.100, Infrastructure. The developer or subdivider shall be responsible to design and construct drainage facilities to retain/detain storm water to original pre-construction conditions.
  • Required.
    1. ​ A drainage report and plans shall be prepared by a registered professional engineer engaged by the developer or subdivider for any land that is proposed to be subdivided, developed, redeveloped, substantially improved, or used to build any residential, nonresidential, or mixed-use development or subdivision. The study and report shall be submitted to the Code Official, together with subdivision or site development plan applications and the fee(s) established by the City Commission.
    2. The Code Official shall transmit the drainage study and report to the City Engineer and other applicable review, approval, or implementing agencies.
  • Decision Criteria.
    1. Prior to authorization of any building permit, the City Engineer shall review and approve the drainage study, report, and plans as set out in Division 4.6.100, Infrastructure. The City Engineer shall have final authority of engineer interpretations of all required submittals necessary to this UDC, and shall report the findings to the Code Official for appropriate action regarding the subdivision or site development plan applications.
    2. Sufficient inspections shall be made to ensure compliance with the specifications set out in this UDC and other applicable regulations and ordinances. A registered professional engineer, employed by the developer or subdivider and approved by the City Engineer, may certify, in writing, to the City Engineer that such engineer has inspected each phase of the construction of the storm drainage improvements and certified that they meet the requirements and standards of this UDC and all other applicable regulations and ordinances of the City, as well as other applicable review, approval, or implementing agencies. The City Engineer shall make a final inspection of the storm drainage improvements before accepting the improvements for dedication to the City for permanent maintenance.
  • Enforcement. No zoning clearance permit or building permit shall be issued for any new building or development without a written statement from the City Engineer stating that the storm drainage facilities and improvements meet all of the requirements of this UDC and other applicable regulations and ordinances.
  • Effective on: 1/1/1901

    Sec. 6.3.307 Floodplain Development Permit
  • Required. All development proposed within a special flood hazard area and all development constructed, installed, commenced, improved, or maintained within a special flood hazard area after the effective date (to the extent permitted by this UDC), is required to obtain a floodplain development permit from the Floodplain Administrator in accordance with the procedures and criteria established in this Section.
  • Application. In addition to the requirements established by the Code Official for all administrative plans and permits, applications for a floodplain development permit shall be accompanied by plans drawn to scale showing locations, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the locations of the foregoing in relation to areas of special flood hazard. The following information is required:
    1. Elevation (in relation to mean sea level) of the lowest floor of all new and substantially improved structures;
    2. Elevation (in relation to mean sea level) to which any nonresidential structure shall be floodproofed;
    3. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria of Section 4.3.203, Standards for Flood Hazard Reduction;
    4. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and
    5. A record of such information in accordance with Section 6.2.202, Floodplain Administrator (Code Official).
  • Decision Criteria. Approval, conditional approval, or denial of a floodplain development permit by the Floodplain Administrator shall be based on all applicable provisions of Division 4.3.200, Floodplain Management and Flood Damage Prevention, and the following relevant factors:
    1. The danger that materials may be swept onto other lands to the injury of others;
    2. The danger to life and property due to flooding or erosion damage;
    3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and/or occupant;
    4. The compatibility of the proposed use with existing and anticipated development;
    5. The safety of access to the property in times of flooding for ordinary and emergency vehicles;
    6. The costs of providing governmental service during and after flood conditions, including maintenance and repair of streets and bridges and public utilities and facilities such as sanitary sewer, gas, electrical and water systems;
    7. The expected height, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
    8. The necessity to the facility of a waterfront location, where applicable; and
    9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.
  • Fees. Fees shall be paid upon application for a floodplain development permit as set out in the City of Richmond Building Code Ordinance.
  • Effective on: 1/1/1901

    Sec. 6.3.308 Building Permit
  • Generally. A building permit is required prior to the improvement, construction, reconstruction, or repair of any existing or new building or structure, except as provided in this Section and except as provided in the International Building Code, as adopted from time to time. By way of example and not limitation, development activities that usually require a building permit include:
    1. Installation or construction of any roofing or re-roofing, or swimming pools (above and in-ground);
    2. Installation or construction of a sign, tower, shed, gazebo, shelter, deck, porch, carport, patio, kennel (anchored to ground), garage, or room addition (includes custom built or prefabricated three season rooms or sun rooms);
    3. Construction, reconstruction, repair, moving, or demolition of any residential, commercial, municipal, recreational, institutional, or industrial building or structure; and
    4. Alteration or remodeling of an existing building or structure that includes any changes in structural members, stairways, basic construction, type, kind or class of occupancy, light or ventilation, means of ingress and/or egress, or any other change(s) affecting or regulated by an adopted building code or this UDC, except for minor repairs or changes not involving any of the aforesaid provisions.
  • Application.
    1. All applications for building permits shall be accompanied by plans in duplicate, drawn to a scale of not less than one-eighth inch to one foot, showing the actual dimensions and shape of the lot to be built upon; the exact size and location of the buildings already existing, if any; and for the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Building Official including existing or proposed building or alteration; existing rental units the building is designated to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for enforcement of the UDC and the International Building Code, as adopted from time to time.
    2. Application for a building permit shall be made on a form approved by the Building Official.
  • Plans. One copy of the plans shall be returned to the applicant by the Building Official after he or she has marked the copy as approved or disapproved and attested by his or her signature on the copy. The second copy of the plans, similarly marked, shall be retained by the Building Official.
  • Issuance.
    1. The Building Official issues building permits upon a finding that the proposed building or structure, or improvements to an existing building or structure, complies with:
      1. Approved plans for development (e.g., site development plans), or in the absence of a requirement for previously approved plans, this UDC (including but not limited to setbacks, building coverage, height, and design);
      2. International Building Code, as adopted from time to time.
    2. No employee or official of the City shall issue a building permit for any structure located on a lot in any subdivision, the plat of which has been prepared after the effective date of this UDC, unless such plat has been approved and recorded in accordance with the provisions contained herein.

    3. No building permits may be issued for any structure to be located on any lot within a subdivision unless:

      1. All required infrastructure improvements within subdivision have been completed and accepted for maintenance by the City; or

      2. Surety, in the form of a performance bond or irrevocable letter of credit ("financial assurance"), is provided in the amount of 110 percent of the projected cost of said improvements as determined and approved by the City Engineer, made payable to the City of Richmond and for a term of no less than one year from the date of acceptance of the improvements for maintenance by the City.

    4. Under Subsection D.3.b., above, if the developer or subdivider fails to timely complete the improvements in accordance with all subdivision requirements, and the City determines that it wishes to complete the improvements, the City may call on the financial assurance to cover the costs of completion. The proceeds of the financial assurance shall be deposited by the City in a separate specifically designed account. If the costs and expenses incurred by the City in completing the required improvements are less than the accumulated value of the proceeds, the City shall refund the remainder to the developer or subdivider. Should the costs and expenses incurred by the City in completing the required improvements exceed the accumulated value of the proceeds, the developer shall be liable to the City for any excess costs and expenses, including reasonable attorneys' fees and costs of collection.

    5. No certificate of occupancy shall be issued for any structure located on any lot within a subdivision until all required improvements within the subdivision have been completed and accepted for maintenance by the City.

  • Procedure. The procedures shall be according to those set out in the International Building Code, as adopted from time to time.
  • Decision Criteria. Decisions shall be rendered according to the procedures and criteria set out in the International Building Code, as adopted from time to time.
  • Expiration.
    1. If the work described in any building permit has not begun within 180 days from the date of issuance, the building permit shall expire and be cancelled by the Building Official. Written notice shall be given to the persons affected.
    2. If the work described in any building permit has not been substantially completed within one year of the date of issuance, the building permit shall expire and be cancelled by the Building Official. Written notice shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
    3. An applicant may request one extension from the Building Official not to exceed 180 days.
  • Effective on: 1/1/1901

    Sec. 6.3.309 Certificate of Appropriateness
  • Generally. No person shall carry out any construction, reconstruction, alteration, restoration, rehabilitation, relocation, or demolition of any historic landmark or property located in the Historic Overlay (HD) District without a certificate of appropriateness. This includes any material change which affects the appearance and cohesiveness to:
    1. Light fixtures;
    2. Signs;
    3. Sidewalks;
    4. Fences;
    5. Steps;
    6. Paving; or
    7. Other exterior elements visible from a public right-of-way.
  • Application. An application for a certificate of appropriateness may be reviewed and administratively approved by the Historic Preservation Officer (HPO) in the instance where it is determined that the application is not a substantive addition or modification to the historic landmark and the certificate complies with the standards of this Code and all other applicable guidelines and ordinance provisions. Where it is determined that the application is for a substantive addition or modification, such application shall be reviewed and recommended by the HPO to the Richmond Historical Commission (RHC) who may consider and then approve, conditionally approve, or deny the application. In such instance, the application shall be processed as set out in Section 6.3.405, Certificate of Appropriateness for a Substantive Addition or Modification. An application shall be approved prior to the issuance of any building permit involving a historic landmark or a property located in the HD district. The certificate of appropriateness application is required in addition to, and not in lieu of, any required building permit.
  • Decision Criteria. In considering an application for a certificate of appropriateness, the HPO shall review it for compliance with the Secretary of the Interior's Standards for Rehabilitation and the design standards set out in Section 5.1.301, Historic Overlay District Design Standards.
  • Procedures.
    1. Obtaining a Certificate for City-Owned Property. A certificate of appropriateness may be initiated by the City for all City-owned historic landmarks or property in the HD district.
    2. Obtaining a Certificate for Individual Property Owners. A certificate of appropriateness shall be obtained by an individual property owner for a historic landmark or for any construction, reconstruction, alteration, restoration, rehabilitation, relocation, or demolition in the HD district.
    3. Application. An application for a certificate of appropriateness shall be made on a form approved by the HPO (as set out in Subsection B., above), and shall be filed with the HPO along with fees established by the City Commission, as amended from time to time, and as set in Section 6.3.701, Fees.
    4. Review and Approval. The application must be submitted, reviewed, and approved by the HPO prior to the commencement of any work on a historic landmark or in the HD district.
    5. Decision. The HPO may take action to approve or conditionally approve, postpone to request additional information, or deny the application.
      1. If approved, the HPO shall issue a certificate of appropriateness to the applicant, consisting of written findings of fact, conclusions of law, and any specific conditions of approval (if any), supporting the decision.
      2. The HPO shall forward the decision to the Building Official.
      3. Any specific conditions of approval as identified by the HPO shall be attached to the construction documents prior to the issuance of any building permits.
      4. No subsequent changes shall be made to the approved design without the prior review and approval of the HPO.
      5. An applicant shall have one year from the date of issuance of the certificate of appropriateness to secure a building permit for the specified improvements or it shall become null and void.
  • Denial of Application. If the HPO finds that the proposed work will have an adverse effect on the historic landmark or property located in the HD district, or if the proposed work is inconsistent with the Secretary of the Interior's Standards for Rehabilitation or the standards set out in Section 5.1.301, Historic Overlay District Design Standards, the HPO shall advise the applicant of any written comments of disapproval of the application or of any changes to the application which are necessary for its approval. A certificate of appropriateness application that has been administratively denied may not be resubmitted without incorporating changes to the application which are necessary for its approval.
  • No Action by HPO. If no action has been taken by the HPO within 60 days of the original receipt of the application, a certificate of appropriateness shall be deemed approved by the HPO who shall so advise the applicant in writing.
  • Appeals to the RHC. The applicant or any person adversely affected by the determination of the HPO may appeal the decision to the RHC.
    1. Filing an Appeal. Appeal requests shall be filed in writing with the HPO within 10 days of the HPO's decision.
    2. Public Hearing. The HPO must schedule an appeal for a public hearing at the next available regularly scheduled RHC meeting.
    3. Notice. Notice of the appeal shall be as set out under Appeals of Administrative Decisions in Section 6.3.206, Public Notice.
    4. Consideration. Appeals to the RHC shall be considered only on the record made before the HPO.
  • Design Guidelines. Provided the changes do not pose a conflict with the Secretary of the Interior's Standards for Rehabilitation or the underlying land use regulations, and further provided that the changes do not take effect until ratified by the City Commission.
  • Effective on: 1/1/1901

    Sec. 6.3.310 Certificate of Occupancy
  • Generally. A certificate of occupancy is required prior to the use of any land, building, or structure for which a building permit is (or was) required. The certificate of occupancy certifies that the completed project complies with the provisions of this UDC, the building code, approval conditions, and all other pertinent ordinances. It shall be unlawful to occupy any building or structure unless a full, partial, or temporary certificate of occupancy has been issued by the Code Official.
  • Application.
    1. Application for a full, temporary, or partial certificate of occupancy shall be made on a form approved by the Code Official.
    2. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather may be included in the certificate of occupancy for the principal dwelling, building, or structure on the same lot, provided that such accessory buildings or structures are completed at the same time as or subsequent to the principal use.
  • Issuance. No certificate of occupancy for any building or structure that is erected, altered, or repaired after the adoption of this UDC shall be issued by any employee or official of the City unless such building or structure was erected, altered, or repaired in compliance with the provisions of this UDC, applicable building codes, approval conditions, and other pertinent ordinances. Certificates of occupancy may be issued as follows:
    1. Certificate of Occupancy. Certificates of occupancy shall be issued for buildings, structures, or parts thereof, or uses of land if after inspection, it is found that such buildings, structures, or parts thereof, or such use of land, comply with the provisions of this UDC, the building code, approval conditions, and all other pertinent ordinances.
    2. Temporary Certificate of Occupancy. A temporary certificate of occupancy may be issued for a period not exceeding six months where construction, reconstruction, or remodeling does not require the vacating of the structure. Then, and only then, may a temporary certificate be issued to allow occupancy while work is in progress, provided that all necessary precautions have, in the opinion of the Code Official, been taken to ensure safety to the applicants. The Code Official may issue a temporary certificate of occupancy, provided that:
      1. The building or structure is fully completed, safe, and ready for occupancy; and
      2. The building, structure, and/or lot is in conformity with the provisions of this UDC, International Building Code (as adopted from time to time) , approval conditions, and all other pertinent ordinances.
    3. Partial Certificate of Occupancy. The Code Official may issue a partial certificate of occupancy for part of a building, structure, or lot prior to the occupancy of the entire building, structure, or lot, provided that such portions of the building, structure, or lot are in conformity with the provisions of this UDC, International Building Code (as adopted from time to time) , approval conditions, and all other pertinent ordinances. However, partial certificates of occupancy shall not be issued for single-family dwellings or a duplex dwelling.
  • Procedure. Procedure shall be according to the procedures set out in the International Building Code, as adopted from time to time.
  • Decision Criteria.
    1. Decisions shall be rendered according to the procedures set out in the International Building Code, as adopted from time to time. If the Code Official refuses a certificate of occupancy for cause, the Code Official shall notify the applicant of the refusal and the cause.
    2. The Code Official shall maintain a record of all certificates of occupancy, and copies shall be a public record open to inspection by interested parties at reasonable times and upon reasonable notice, and shall be furnished upon the request to any person.
    3. Failure to obtain a certificate of occupancy shall be a violation of this UDC.
  • Effective on: 1/1/1901

    Sec. 6.3.311 Fence Permit
  • Generally. Fence permits are those that are used to authorize the construction, reconstruction, substantial improvement, and repair of fences or walls. A separate fence permit is not required for a new fence or wall that is approved as part of a Site Development Plan and/or Building Permit application.
  • Required. A fence permit is required when any of the following activities are involved:
    1. Any part of the fence or wall is replaced with different materials or colors (e.g., wood is replaced with masonry, new fence or fence segment is stained or painted, etc.); or
    2. The fence or wall is reconfigured in any way; or
    3. The height of the fence or wall is increased or decreased; or
    4. Construction of a gate to access a driveway along the front or street side of the property; or
    5. The height of the fence is eight feet or greater.
  • Decision Criteria. The Building Official may issue a fence permit upon approval of the Code Official and upon a finding that the proposed fence or wall complies with Section 5.2.101, Fences and Walls, and other applicable sections of this UDC.
  • (Ord. No. 2021-29, 12/20/2021) 

    Effective on: 12/20/2021

    Sec. 6.3.312 Manufactured Home Park License
  • Generally. It shall be unlawful for any person or business entity to maintain or operate within the City any manufactured home park unless such person or business entity holds a valid license issued annually by the City.
  • Application. An application for original licenses shall be in writing, signed by the owner and applicant, as applicable, and shall contain the following:
    1. Name, complete contact information, and business address of the owner and applicant, as applicable;
    2. Location and legal description of the manufactured home park;
    3. Plans and specifications of the park as required by Section 5.1.103, Manufactured Home Standards; Section 6.3.313, Manufactured Home Placement/Occupancy Permit; and other applicable provisions of this UDC and other ordinances of the City;
    4. Any information that may be required so that the City can determine whether the manufactured home park meets all applicable laws and ordinances. Such application shall be accompanied by the payment of the annual license fees, as set out in Subsection G., below; and
    5. Application for annual renewal of licenses shall be made in writing by the holders of the license, be accompanied by payment of the annual license fee, and contain any changes in the information submitted since the latest license was issued.
  • Transfer of License.
    1. Notice. Every person holding a license shall give notice in writing to the City within 30 days24 hours after having sold, transferred, given away, or otherwise disposed of any interest in, or control of any manufactured home park. Such notice shall include the name, address, and complete contact information of the person or business entity succeeding to ownership, or control of, such manufactured home park.
    2. Transfer Application.
      1. Upon written application for transferring a license and depositing a transfer fee, the license may be transferred if the manufactured home park is in compliance with all applicable provisions of this UDC.
      2. Such transferee shall be entitled to operate the manufactured home park for a period of 30 days; however, if the transferee has not made application for a manufactured home license within said 30 days, then the right of the transferee to operate the manufactured home park shall terminate upon the expiration of the 30 day period.
    3. Termination. If such license terminates, the occupants of the manufactured home park shall be given a 30 day notice to remove their manufactured home from the premises. Failure to do so within such period of time shall constitute a violation of this UDC.
  • Revocation or Suspension.
    1. Reasons. Any manufactured home park license issued under the provisions of this UDC may be suspended or revoked by the Code Official after due notice to the holder of such license for any one or more of the following reasons:
      1. Operating the facilities in a manner contrary to the plans, specifications, and/or plat on file with the Code Official; or
      2. Operating the facility in violation of the rules, regulations, ordinances (including applicable fees), or laws of the City, state, or United States.
    2. Decision. The Code Official's decision to suspend a license shall be final.
    3. Reinstatement. Where a license has been suspended, the same may be reinstated for the remaining period of the time for which it was originally issued after the cause for suspension has been corrected and upon the payment of applicable reinstatement fees.
    4. Failure to Correct. The failure to correct the cause for suspension within the time specified by the Code Official shall be cause for the Code Official to revoke the license.
  • Appeals for the Revocation of a License. The holder of a revoked license may request a hearing before the City Commission.
    1. Notice.
      1. The license holder shall request a hearing in writing within 15 days of receiving notice of the license revocation from the Code Official;
      2. The City Commission shall, within 30 days of receiving the license holders request for a hearing, hold a hearing to discuss the merits of the suspension or revocation; and
      3. The Secretary of the City Commission must provide the license holder with notice of the time, date, and location of the hearing no less than 10 days prior to the hearing.
    2. Decision. The City Commission's decision to suspend or revoke a manufactured home park operator's license shall be final.
  • Posting of License. The license certificate shall be conspicuously posted in the office of, or on the premises of, the manufactured home park at all times.
  • Fees. All fees must be paid in full and shall become delinquent after 30 days. Licenses that are delinquent are considered to be automatically suspended in accordance with Subsection D., above. The annual manufactured home park license fee shall be established by resolution by the City Commission, as may be amended from time to time.
  • Effective on: 1/1/1901

    Sec. 6.3.313 Manufactured Home Placement/Occupancy Permit
  • Generally. It shall be unlawful for any person to use, occupy, or re-occupy, in whole in part, any manufactured home which has been placed, replaced, or re-occupied within the corporate limits of the City until and unless a manufactured home placement/occupancy permit has been issued, and a certificate of occupancy has been issued by the Building Official.
  • Application. Any person desiring to place or replace a manufactured home in a manufactured home park or subdivision, or replacing a mobile with a HUD-code manufactured home, shall first make an application providing the following information to the City:
    1. The owner of the lot in the manufactured home park or subdivision in which the manufactured home is to be placed;
    2. A description of the manufactured home by dimensions, manufacturer, and serial or identification number;
    3. The name and address of the person having title to the manufactured home and a copy of the title or Texas Department of Housing and Community Affairs (TDHCA) Statement of Ownership and Location Form (S.O.L.);
    4. The date of manufacture of the manufactured home (Note: The manufactured home shall only be replaced with a manufactured home that has been manufactured in the last 25 years);
    5. Whether the manufactured home has affixed to it a seal, label, or decal certifying its compliance with state and federal standards or a seal, label, or decal issued by another state certifying its compliance with standards promulgated for a manufactured home by the United States Department of Housing and Urban Development (HUD);
    6. If the manufactured home has affixed to it a seal, label, or decal, the applicant shall certify whether or not there have been any alterations to the manufactured home since the seal, label, or decal was affixed to the manufactured home;
    7. The license number of the manufactured home park operator if the manufactured home is to be placed in a "manufactured home park";
    8. Any information necessary to determine compliance with any applicable regulations pertaining to flood-prone areas, as set out in Division 4.3.200, Floodplain Management and Flood Damage Prevention;
    9. The source and availability of utilities to be provided to the manufactured home;
    10. Any additional information the City finds will aid them in the enforcement of this UDC or other laws applicable to manufactured homes; and
    11. The application shall be signed by the owner of the manufactured home or the owner's agent, as applicable.
  • Procedure. A manufactured home placement/occupancy permit application is processed according to the sequential steps set out in Section 6.3.202, Pre-Application Conference, through Section 6.3.205, Administrative Review and Referral, and is issued by the Building Official.
  • Notice of Installation. A copy of the executed and completed Notice of Installation (Form T) shall be submitted to the Building Official no later than 30 days after installation is complete. Failure to submit this completed form may result in revocation of the placement permit and immediate removal of the manufactured home may be required.
  • Decision Criteria. Except as otherwise provided in this UDC, it shall be unlawful for any person to make use of or to furnish any utility service to any manufactured home which has been placed or replaced within the City until and unless the placement permit has been issued. A placement permit shall be finalized by the Building Official, or designee. Occupancy of the manufactured home shall be authorized when:
    1. The applicant has obtained all applicable permits and inspections under this UDC and any building codes adopted by the City, or any applicable state codes;
    2. The Building Official has found that the manufactured home and its placement meet all applicable requirements of the City's ordinances and all state laws which may be enforced by the City; and
    3. All fees have been paid in full, as established by resolution by the City Commission, which may be amended from time to time.
  • Placement Inspection. Each manufactured home placed within a manufactured home park or subdivision, authorized to be replaced, or placed pursuant to a manufactured home hardship permit, as set out in Section 6.3.408, Manufactured Home Hardship Permit, shall be inspected by the Building Official to determine its placement is in accordance with the provisions of this UDC.
  • Replacement of a Manufactured Home Outside of a Manufactured Home Park or Subdivision. In addition to the application requirements located in Subsection B., above, manufactured homes located outside of a manufactured home park or subdivision are subject to the following regulations:
    1. A permit may be granted once by the City for replacement of a manufactured home, provided that the manufactured home being replaced has been used or occupied continuously as a single-family residential dwelling by the person seeking the permit, and such replacement manufactured home can meet the setback requirements;
    2. A manufactured home, legally occupied as a residential dwelling within the City, constructed prior to June 15, 1976, may be granted a permit for replacement with a HUD-code manufactured home, provided the placement of such replacement manufactured home can meet the setback requirements;
    3. Application for a replacement permit must be made within 180 days of the date the manufactured home being replaced was vacated, removed, damaged, or destroyed;
    4. The approval permit for placement is valid for 180 days from the date of issuance and becomes invalid on and after 181 days;
    5. The manufactured home must be placed on the same site as the manufactured home being replaced that was vacant, removed, damaged, or destroyed; and
    6. The manufactured home shall only be replaced with a HUD-code manufactured home, which:
      1. Is in compliance with the Texas Manufactured Housing Standards Act;
      2. Has a legal title or Texas Department of Housing and Community Affairs (TDHCA) Statement of Ownership and Location Form;
      3. Has a valid HUD label or Texas seal; and
      4. Has not been altered as defined by the Texas Manufactured Housing Standards Act.
  • Effective on: 1/1/1901

    Sec. 6.3.314 Sign Permit
  • Generally. A sign permit is required as set out in Section 4.7.101, Purpose and Application. Set out in Article 4.7, Signs, are regulations about the height and area of signs; their locations, materials, and colors; and their illumination, which vary by the type of sign and by the district within which they are located.
  • Applicability.
    1. Permit Required. A sign permit shall be required for all operations of erecting, constructing, enlarging, moving, or converting any on- or off-premise sign, except:
      1. Removal of a sign if a demolition permit has been obtained for the structure on which the sign is mounted;
      2. Changing of advertising copy or message on an approved sign or on a marquee or similar approved sign that is specifically designed for the use of replaceable copy; and
      3. Painting, repainting, or cleaning a sign when it is performed in conjunction with normal maintenance and repair of a sign that does not involve structural changes or modifications.
    2. Exemption. In an emergency situation, work may be initiated and completed without first applying a sign permit. However, a permit shall be applied for within 24 hours after the first working day.
  • Procedure. Sign permits are an administrative procedure in which the Code Official verifies that an application for approval of a sign complies with the requirements of Article 4.7, Signs. Sign permits may be issued simultaneously with building permits or other required permits.
  • Decision. If a proposed sign meets all standards of this UDC, as set out in Division 4.7.100, General Provisions, then the Code Official will issue the sign permit.
  • Effective on: 1/1/1901

    Sec. 6.3.315 Recreational Vehicle (RV) Park Licenses
  • Generally. A recreational vehicle (RV) park license is required to operate an RV park.
  • Decision Criteria. In zoning districts where the recreational vehicle park use is conditional, review and recommendation by the Planning and Zoning Commission, and approval by the City Commission is required in accordance with Section 6.3.207, Public Meetings and Hearings. In zoning districts where the use is limited, an RV park license may be issued administratively by the Building Official if it is demonstrated that the application meets the applicable substantive requirements of this UDC.
  • Expiration. All RV park licenses expire on December 31st of each year.
  • Renewal. Renewal applications are due no later than December 15th of any given year and shall:
    1. Form. Be made on a form approved by the Building Official; and
    2. Changes. Include any changes in information that have occurred since the original license was issued, or the latest renewal was granted. Every person holding a license shall give notice in writing to the City within 24 hours after having sold, transferred, given away, or otherwise disposed of any interest in, or control of any recreational vehicle park. Such notice shall include the name, address, and complete contact information of the person or business entity succeeding to ownership, or control of, such recreational vehicle park.
  • Transfer Application.
    1. Upon written application for transferring a license and depositing a transfer fee, the license may be transferred if, and only if, the recreational vehicle park is in compliance with all applicable provisions of this UDC.
    2. Such transferee shall be entitled to operate the recreational vehicle park for a period of 30 days; however, if the transferee has not made application for a recreational vehicle park license within said 30 days, then the right of the transferee to operate the recreational vehicle park shall terminate upon the expiration of the 30 day period.
  • Termination. If such license terminates, the occupants of the recreational vehicle park shall be given a 30 day notice to remove their recreational vehicle from the premises. Failure to do so within such period of time shall constitute a violation of this UDC.
  • Revocation or Suspension.
    1. Reasons. Any recreational vehicle park license issued under the provisions of this UDC may be suspended or revoked by the Building Official after due notice to the holder of such license for any one or more of the following reasons:
      1. Operating the facilities in a manner contrary to the plans, specifications, and/or plat on file with the Building Official; or
      2. Operating the facility in violation of the rules, regulations, ordinances (including applicable fees), or laws of the City, state, or United States.
    2. Decision. The Building Official's decision to suspend a license shall be final.
    3. Reinstatement. Where a license has been suspended, the same may be reinstated for the remaining period of the time for which it was originally issued after the cause for suspension has been corrected and upon the payment of applicable reinstatement fees.
    4. Failure to Correct. The failure to correct the cause for suspension within the time specified by the Building Official shall be cause for the Building Official to revoke the license.
  • Appeals for the Revocation of a License. The holder of a revoked or suspended license may request a hearing before the City Commission.
    1. Notice.
      1. The license holder shall request a hearing in writing within 15 days of receiving notice of the license revocation from the Building Official;
      2. The City Commission shall, within 30 days of receiving the license holders request for a hearing, hold a hearing to discuss the merits of the suspension or revocation; and
      3. The Secretary of the City Commission must provide the license holder with notice of the time, date, and location of the hearing no less than 10 days prior to the hearing.
    2. Decision. The City Commission's decision to suspend or revoke a recreational vehicle park operator's license shall be final.
  • Posting of License. The license certificate shall be conspicuously posted in the office of, or on the premises of, the recreational vehicle park at all times.
  • Fees. All fees must be paid in full and shall become delinquent after 30 days. Licenses that are delinquent are considered to be automatically suspended in accordance with Subsection E., above. The annual recreational vehicle park license fee shall be established by resolution by the City Commission, as may be amended from time to time.
  • Effective on: 1/1/1901

    Sec. 6.3.401 Conditional Use Permits
  • A.
    Generally. A conditional use is a use that is allowed within a zoning district, but which is subject to specific standards and a public hearing process in order to reduce the potential for incompatibility with other uses within the district. These uses commonly have the potential for various adverse impacts such as traffic congestion, noise, and visual and aesthetic impacts, which if unmitigated, could undermine the integrity of the zoning district. The designation of a conditional use means that it is only allowed in a proposed location if all of the conditions applicable to the use, set out in Division 2.2.200, Limited and Conditional Use Standards, the criteria of Subsection D., below, and all of the other applicable requirements of this UDC, or additional conditions imposed by the City Commission, are met.
  • B.
    Application. Applications for a conditional use permit shall be on a form approved by the Code Official.
  • C.
    Procedure. In issuing a conditional use permit, applications are processed according to the sequential steps set out in Section 6.3.202, Pre-Application Conference, through Section 6.3.207, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the City Commission, upon the recommendation of the Planning and Zoning Commission, as set out in Section 6.3.103, Public Hearing and Meeting Approvals.
  • D.
    Decision Criteria. After a public hearing and recommendation by the Planning and Zoning Commission, the City Commission may authorize the issuance of a conditional use permit when the City Commission finds all of the following conditions present:
    1. 1.
      The establishment, maintenance, or operation of the conditional use will not be materially detrimental to, or endanger, the public health, safety, morals, or general welfare;
    2. 2.
      The uses, values, and enjoyment of other property in the neighborhood, for purposes already permitted, shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance, or operation of the conditional use;
    3. 3.
      The establishment of the conditional use will not significantly impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
    4. 4.
      Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;
    5. 5.
      Adequate measures have been or will be taken to provide ingress or egress, so designed as to minimize traffic congestion in the public streets; and
    6. 6.
      The conditional use conforms to all applicable yard area regulations of the district in which it is located.
  • E.
    Additional Conditions. The Code Official and the Planning and Zoning Commission may recommend, and the City Commission may attach, such conditions, restrictions, and a duration upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary to protect the public health, safety, and general welfare of the community, and to secure compliance with the standards and requirements specified in this UDC. In all cases in which conditional uses are granted, the City Commission shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated are being and will be complied with in the establishment and operation of the conditional use.
  • F.
    Amendment of Conditional Use Permit. Following establishment of the conditional use authorized by a conditional use permit, such conditional use permit may be amended, varied, or altered in the same manner, and subject to the same limitations, as any other regulation established by this UDC. In addition, such conditional use permit may, at any time, be amended or altered pursuant to the procedures established by this Section for its original approval.
  • G.
    Effect of Decision.
    1. 1.
      The granting of a conditional use does not create a right to the use. The conditional use permit may be revoked at the City Commission's sole discretion.
    2. 2.
      No application for a conditional use that has been denied, in whole or in part, by the City Commission shall be resubmitted for a period of six months from the date of said denial.
  • H.
    Annotation of Official Zoning Map. If the application is approved, the official zoning map shall be annotated to reference the approval by case number.
  • Editor's Note:

    Refer to Appendix B, Conditional Use Permit Review Process, for a visual representation of the permit review process.

    Effective on: 2/20/2023

    Sec. 6.3.402 Designation of Historic Landmarks and Districts
  • Generally. Properties that are listed as a Record Texas Historic Landmark (RTHL), State Archeological Landmark (SAL), or listed on the National Register of Historic Places (NR) shall be recognized as a local historic landmark.
  • Applicability. The Richmond Historic Commission (RHC) may proceed on its own initiative or upon a petition from any person, group, or association, or upon the request of the City Commission to conduct studies for the identification of, and to recommend to the City Commission the adoption of an ordinance to designate individual historic landmarks and districts.
  • Decision Criteria.
    1. Individual Landmarks. An individual historic landmark may be designated if it is at least 50 years old and it substantially complies with two or more of the following:
      1. Possesses significance in history, architecture, archeology, and culture;
      2. Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history;
      3. Is associated with events that have made a significant impact in the City's past;
      4. Represents the work of a master designer, builder, or craftsman;
      5. Embodies the distinctive characteristics of a type, period, or method of construction; or
      6. Represents an established and familiar visual feature of the City.
    2. Historic Districts. A historic district may be designated if it substantially complies with both of the following:
      1. The district contains properties and an environmental setting which meet two or more of the criteria for designation of a landmark, as set out in Subsection C., above; and
      2. The district constitutes a distinct section of the City.
  • Procedure.
    1. Generally. The procedure for designating an individual historic landmark or to establish or amend the boundaries of a historic district may be initiated by the City, by the individual property owner(s), or by at least 20 percent of the residents of the potential district.
    2. Criteria. Buildings, structures, sites, or areas located within the City which substantially comply with the criteria set out in Subsection C., above, may be recommended to the City Commission as landmarks or districts by the Richmond Historical Commission (RHC).
    3. Application. An application for Determination of Significance shall be made on a form approved by the Code Official, and shall be filed with the Historic Preservation Officer (HPO) along with fees in accordance with the City fee schedule, as may be amended from time to time. The application shall contain:
      1. Name, address, telephone number of applicant, and physical address of the individual property (if applicable);
      2. Name, address, telephone number of applicant, and signed petition of at least 20 percent of the residents of the proposed district (if applicable);
      3. Site plan of the individual property or map indicating the geographic boundaries of the proposed district showing all affected buildings and/or structures;
      4. Detailed description and background on the property or district;
      5. Current photographs of the overall property or district along with any available historical photographs; and
      6. Any other information which the HPO or RHC may deem necessary.
    4. Notice.
      1. Upon receipt of a completed application for Determination of Significance, the HPO shall schedule a hearing at the next available regularly scheduled RHC meeting.
      2. Notice of the application shall be mailed to the property owner(s) and posted on the property by the HPO for a minimum period of 14 days prior to the scheduled hearing.
      3. A published notice of the scheduled hearing shall also be made in accordance with Section 6.3.206, Public Notice.
      4. Notice of applications for proposed districts shall be mailed to each affected owner and posted in at least four separate locations that are visible from the public rights-of-way at its external boundaries for a minimum period of 14 days prior to the scheduled hearing.
    5. Review. An individual property or district that is under review by the RHC for a formal Determination of Significance shall be protected by and subject to all of the provisions of regulations governing demolition, minimum standards, and penalties until a final decision by the City Commission becomes effective.
    6. Hearing. At the hearing, the applicant shall have an opportunity to present testimony and evidence to demonstrate the historical significance or insignificance of the subject property or district. Other interested parties and technical experts may also present testimony or documentary evidence which will become part of the record. The burden of proof shall be upon the applicant.
    7. Recommendation from HPO. The HPO may recommend action to approve, approve with conditions, postpone requesting additional information, or deny the application. The HPO shall forward any final recommendation to the RHC within 30 days of the hearing.
    8. Recommendation from RHC. The RHC shall give notice and conduct its hearing upon receipt of the recommendation from the HPO. Notice for such hearing shall be in the same manner as Subsection D.4., above. The RHC shall review the application and forward its recommendation to the City Commission within 30 days after taking action on the application. Recommendations of denial by the RHC may be appealed directly to the City Commission according to the regulations set out in Section 6.3.602, Appeals of Boards or Commission Decisions.
    9. City Commission Notice and Decision. Upon receipt of the joint recommendation on the application from the HPO and the RHC, the City Commission shall schedule a hearing on the application within 30 days. Notice from such hearing shall be in the same manner as Subsection C.4., above. Significance shall be considered only on the record made before the HPO and the RHC.
    10. Landmark or District Designation. Upon designation of a landmark or district by the City Commission, the designation shall be recorded by legal description on the City's maps, in the records of real property of Fort Bend County, and with the Fort Bend County Central Appraisal District office.
  • Effective on: 1/1/1901

    Sec. 6.3.403 Temporary Use Permit
  • Generally. A temporary use permit is required to establish a temporary public and commercial event with an expected peak attendance of more than 1,500 persons.
  • Application Requirements. An application for a temporary use permit shall be made on a form approved by the Code Official.
  • Approval Criteria. A temporary use permit shall be approved if it is demonstrated that it meets the applicable substantive requirements of this UDC, particularly those specified for the proposed use in Section 2.2.205, Temporary Use Standards
  • Procedure. Applications for class A temporary use permits are processed according to the sequential steps set out in Section 6.3.202, Pre-Application Conference, through Section 6.3.206, Public Notice, and shall be decided by the City Commission pursuant to the public meetings provisions of Section 6.3.207 Public Meetings and Hearings.
  • Decision. The City Commission shall approve, approve with conditions, or deny the application.
  • Effective on: 1/1/1901

    Sec. 6.3.404 Certificate of Appropriateness for a Substantive Addition or Modification
  • Generally. No person shall carry out any construction, reconstruction, alteration, restoration, rehabilitation, relocation, or demolition of any historic landmark or property located in the Historic Overlay (HD) District without a certificate of appropriateness. This includes any material change which affects the appearance and cohesiveness to:
    1. Light fixtures;
    2. Signs;
    3. Sidewalks;
    4. Fences;
    5. Steps;
    6. Paving; or
    7. Other exterior elements visible from a public right-of-way.
  • Application. An application for a certificate of appropriateness for a substantive addition or modification to a historic landmark or property in the HD District shall be reviewed and recommended by the HPO to the Richmond Historical Commission (RHC), who may consider and then approve, conditionally approve, or deny the application. An application involving a substantive addition or modification shall be approved by the RHC prior to the issuance of any building permit involving a historic landmark or a property located in the HD district. The certificate of appropriateness application is required in addition to, and not in lieu of, any required building permit.
  • Decision Criteria. In considering an application for a certificate of appropriateness, the RHC shall review it for compliance with the Secretary of the Interior's Standards for Rehabilitation and the design standards set out in Section 5.1.301, Historic Overlay District Design Standards.
  • Procedures.
    1. Obtaining a Certificate for City-Owned Property. A certificate of appropriateness may be initiated by the City for all City-owned historic landmarks or property in the HD district.
    2. Obtaining a Certificate for Individual Property Owners. A certificate of appropriateness shall be obtained by an individual property owner for a historic landmark or for any construction, reconstruction, alteration, restoration, rehabilitation, relocation, or demolition in the HD district.
    3. Application. An application for a certificate of appropriateness shall be made on a form approved by the HPO (as set out in Subsection B., above), and shall be filed with the HPO along with fees established by the City Commission, as amended from time to time, and as set out in Section 6.3.701, Fees.
    4. Notice. Public notice shall be as set out in Section 6.3.206, Public Notice.
    5. Public Hearing.
      1. The HPO shall review the application and upon acceptance as a complete application, as set out in Section 6.3.204, Application Completeness Review, shall schedule a public hearing before the RHC.
      2. The RHC shall hold a public hearing on the proposed certificate of appropriateness. At the hearing, the applicant shall have an opportunity to be heard, present testimony and evidence to demonstrate that the proposed work is in compliance with the Secretary of the Interior's Standards for Rehabilitation and the design standards set out in Section 5.1.301, Historic Overlay District Design Standards. Other interested parties and technical experts may also present testimony or documentary evidence which will become part of the record. The burden of proof shall be upon the applicant.
    6. Prior Approval. The application must be submitted and reviewed by the HPO, and approved or conditionally approved by the RHC prior to the commencement of any work on a historic landmark or property in the HD district.
    7. Decision. The RHC may take action to approve or conditionally approve, postpone to requesting additional information, or deny the application.
      1. If approved or conditionally approved by the RHC, the HPO shall issue a certificate of appropriateness to the applicant, consisting of written findings of fact, conclusions of law, and any specific conditions of approval (if any), supporting the decision.
      2. If no hearing has been scheduled within 90 days of the original receipt of an application deemed complete by the HPO, a certificate of appropriateness may be deemed approved in which case the HPO shall so advise the applicant in writing.
      3. The HPO shall forward the decision to the Building Official.
      4. Any specific conditions of approval as required by the RHC and identified by the HPO shall be attached to the construction documents prior to the issuance of any building permits.
      5. No subsequent changes shall be made to the approved design without the prior review and approval of the HPO or the RHC, as applicable.
      6. An applicant shall have one year from the date of issuance of the certificate of appropriateness to secure a building permit for the specified improvements or it shall become null and void.
  • Denial of Application. If the HPO finds that the proposed work will have an adverse effect on the historic landmark or property located in the HD District, or if the proposed work is inconsistent with the Secretary of the Interior's Standards for Rehabilitation or the design standards set out in Section 5.1.301, Historic Overlay District Design Standards, the HPO shall advise the applicant of any written comments of disapproval of the application or of any changes to the application which are necessary for its approval. A certificate of appropriateness application that has been denied may not be resubmitted without incorporating changes to the application which are necessary for its approval.
  • Appeals to the City Commission. The applicant or any person adversely affected by the determination of the RHC may appeal the decision to the City Commission.
    1. Filing an Appeal. Appeal requests shall be filed in writing with the HPO within 10 days of the RHC's decision.
    2. Public Hearing. The HPO must schedule an appeal for a public hearing before the City Commission at the next available regularly scheduled City Commission meeting.
    3. Notice. Notice of the appeal shall be as set out in Table 6.3.206, Required Notice, located in Section 6.3.206, Public Notice.
    4. Consideration. Appeals to the City Commission shall be considered only on the record made before the Secretary of the City Commission.
  • Effective on: 1/1/1901

    Sec. 6.3.405 Rezoning
  • Generally. A rezoning is the change of the zoning classification on the official zoning map from one zoning district to another zoning district that applies to a lot or parcel proposed for development.
  • Applicability.
    1. Applications for a rezoning shall be on a form approved by the Code Official and may be initiated by:
      1. Motion of the City Commission;
      2. Motion of the Planning and Zoning Commission; or
      3. Petition of the owner(s) of the property which is the subject of the proposed zoning change.
    2. The Code Official may require the submission of such other information as may be necessary to permit the informed exercise of judgment under the criteria for the review of the rezoning application. Such information shall be related to the scale, location, and impacts of the rezoning application and may include, by way of illustration and not limitation, analysis of the capacity of the land to support development (e.g., soil characteristics and hydrology) or the additional impacts (or reduction in impacts) that may be created by changing the district designation, in terms of traffic (trip generation); drainage (flooding); visual, aesthetic, and land use adjacency impacts; water and wastewater use and availability; and other information determined by the City as necessary to make an informed analysis and decision.
  • Procedure. A rezoning is processed according to the sequential steps set out in Section 6.3.202, Pre-Application Conference, through Section 6.3.207, Public Meetings and Hearings, and shall be decided by the City Commission after recommendation of the Planning and Zoning Commission, as set out in Section 6.3.103, Public Hearing and Meeting Approvals, including the following:
    1. Staff Review. The Code Official shall review each proposed rezoning in light of the decision criteria of Subsection D., below, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Code Official shall provide a report and recommendation to the Planning and Zoning Commission.
    2. Planning and Zoning Commission Recommendation.
      1. The Planning and Zoning Commission shall hold a public hearing on the proposed rezoning. Following the hearing, the Planning and Zoning Commission shall make a final report to the City Commission.
      2. The Planning and Zoning Commission may defer its report to the City Commission for not more than 60 days. If the Planning and Zoning Commission fails to issue a final report after 60 days to the City Commission, then the report is deemed to have a recommendation of denial. If the Planning and Zoning Commission makes a recommendation after the public hearing, then the proposal will move forward to the next regularly scheduled City Commission hearing as per the notice requirements set out in Section 6.3.206, Public Notice.
      3. Upon receiving the final report of the Planning and Zoning Commission, the City Secretary or City Attorney shall draft and forward an ordinance to the City Commission for consideration.
  • Decision Criteria. The City Commission may approve or conditionally approve an application for a rezoning after the final report and recommendation by the Planning and Zoning Commission if:
    1. The proposed zoning is preferable to the existing zoning in terms of its likelihood of advancing the goals, objectives, and policies of the Comprehensive Master Plan or another adopted land use or area plan, including, but not limited to, any small area or redevelopment plans;
    2. The proposed zoning is consistent with the future land use plan of the Comprehensive Master Plan (a future land use plan amendment may be processed concurrently with the rezoning);
    3. The proposed zoning change is consistent with the implementation of existing or pending plans for providing streets, water and wastewater, other public utilities, and the delivery of public services to the area in which the parcel proposed for a rezoning is located;
    4. The range of uses and the character of development that is allowed by the proposed zoning district will be compatible with the properties in the immediate vicinity of the parcel proposed for a rezoning, and the parcel proposed for a rezoning has sufficient dimensions to accommodate reasonable development that complies with the requirements of this UDC, including parking and buffering requirements; and
    5. The pace of development and/or the amount of vacant land currently zoned for comparable development in the vicinity suggests a need for the proposed rezoning in order to ensure an appropriate inventory of land to maintain a competitive land market that promotes economic development.
  • Additional Conditions. A request for a rezoning may be conditioned upon adherence to a site plan submitted by the applicant, which may limit the uses that are permitted on the site. The site plan may be processed concurrently with the rezoning request if it meets all the applicable requirements of this UDC, as set out in Section 6.3.302, Site Development Plan.
  • Effect of Decision.
    1. ​​The City Commission shall hold a public hearing on the proposed rezoning and, at the close of the hearing shall, based upon the recommendations of the Code Official and Planning and Zoning Commission:
      1. Approve the rezoning by ordinance;
      2. Approve the rezoning by ordinance with conditions or modifications (e.g., change the zoning on a designated portion of the property or change the zoning to another designation);
      3. Deny the rezoning; or
      4. Refer the proposed rezoning back to the Planning and Zoning Commission for further consideration.
    2. No application for rezoning shall be considered within six months of denial of a request by the City Commission for the same classification on the same property.
  • Protest Against Rezoning. In case of a protest against a rezoning, signed by the owners of 20 percent or more either of the land included in such proposed rezoning, or of the land within 200 feet thereof, including any intervening public street, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Commission.
  • Effective on: 1/1/1901

    Sec. 6.3.406 Text Amendments to this UDC
  • Generally. The City Commission may amend the text of this UDC in accordance with the procedures set out in this Section, as well as Section 6.3.103, Public Hearing and Meeting Approvals, to:
    1. Implement the Comprehensive Master Plan, as may be amended from time to time;
    2. Conform to state or federal legal requirements;
    3. Address changing or changed conditions; or to
    4. Advance the public health, safety, and welfare of the City.
  • Initiation of Amendment. Petitions to amend the text of this UDC shall be made to the Code Official. The City Commission and any other body that is described in Article 6.2, Administrative Bodies, may initiate an amendment by an affirmative motion of a majority of the administrative body.
  • Procedure. Text amendments are processed according to the sequential steps set out in Section 6.3.205, Administrative Review and Referral, through Section 6.3.207, Public Meetings and Hearings, and shall be decided by the City Commission after recommendation of the Planning and Zoning Commission, as set out in Section 6.3.103, Public Hearing and Meeting Approvals, including the following:
    1. Staff Review. The Code Official shall review each proposed amendment in light of the decision criteria of Subsection D., below, and refer the application to other departments as deemed necessary. Based on the results of those reviews, the Code Official shall provide a report and recommendation to the Planning and Zoning Commission.
    2. Planning and Zoning Commission Recommendation.
      1. The Planning and Zoning Commission shall hold a public hearing on the proposed text amendment. Following the hearing, the Planning and Zoning Commission shall make a final report to the City Commission.
      2. The Planning and Zoning Commission may defer its report to the City Commission for not more than 60 days. If the Planning and Zoning Commission fails to finally report after 60 days to the City Commission, then the report is deemed to have a recommendation of denial. If the Planning and Zoning Commission makes a recommendation after the public hearing, then the proposal will move forward to the next regularly scheduled City Commission hearing as per the notice requirements set out in Section 6.3.206, Public Notice.
      3. Upon receiving the final report of the Planning and Zoning Commission, the City Secretary or City Attorney shall draft and forward an ordinance to the City Commission for consideration.
  • Decision Criteria. Recommendations and decisions regarding petitions to amend the text of this UDC are legislative in nature, but shall be based on consideration that the proposed amendment:
    1. Will help implement the Comprehensive Master Plan, or, if it addresses a topic that is not addressed or not fully developed in the Comprehensive Master Plan, the proposed amendment does not impair the implementation of the Comprehensive Master Plan when compared to the existing UDC.
    2. Is consistent with the stated purposes of this UDC.
    3. Will maintain or advance the public health, safety, or general welfare.
    4. Will help mitigate adverse impacts of the use and development of land on the natural or built environments, including, but not limited to, mobility, air quality, water quality, noise levels, storm water management, wildlife protection, and vegetation; or will be neutral with respect to these issues.
    5. Will advance the strategic objectives of the City Commission, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.
  • Effect of Decision. Upon receipt of the final report from the Planning and Zoning Commission, the City Commission shall vote to approve, approve with amendments, or reject the proposed amendment, based on the decision criteria in Subsection D., above. The City Commission also may refer the proposed amendment back to the Planning and Zoning Commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days.
  • No Retroactive Cure of Violations. The amendment of the text of this UDC may transform a legally nonconforming situation into a conforming one. However, no petition for a text amendment shall be used to cure a violation of any part of this UDC.
  • Effective on: 1/1/1901

    Sec. 6.3.407 Floodplain Variances
  • Generally. The Zoning Board of Adjustment shall receive a recommendation of the Floodplain Administrator, and may then hear and render judgment on requests for variances from the requirements of this UDC, and specifically those set out in Division 4.3.200, Floodplain Management and Flood Damage Prevention.
  • Appeals. The Zoning Board of Adjustment shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this UDC.
  • Decision Criteria.
    1. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set out in this Section.
    2. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size that is contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing the relevant factors set out in Section 6.3.307, Floodplain Development Permit, have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
    3. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
  • Prerequisites for Granting Floodplain Variances.
    1. Floodplain variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
    2. Floodplain variances shall only be issued upon:
      1. Showing a good and sufficient cause;
      2. A determination that failure to grant the floodplain variance would result in an exceptional hardship to the applicant; and
      3. A determination that the granting of a floodplain variance will not result in:
        1. Increased flood heights;
        2. Additional threats to public safety;
        3. Extraordinary public expense;
        4. Nuisances;
        5. Fraud on or victimization of the public; or
        6. Conflict with existing local laws or ordinances.
      4. Floodplain variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
        1. The criteria outlined in Division 4.3.200, Floodplain Management and Flood Damage Prevention, are met; and
        2. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
  • Variance Prohibition. A floodplain variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
  • Conditions of Approval. Upon consideration of the decision criteria set out in Subsection C., above, the Zoning Board of Adjustment may attach such conditions to the granting of a floodplain variance as it deems necessary to further the purpose and objectives of this UDC, and specifically those set out in Division 4.3.200, Floodplain Management and Flood Damage Prevention.
  • Notification. Any application to which a floodplain variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
  • Annotation and Recording. Floodplain variance approvals shall be recorded in the records of Fort Bend County by the Floodplain Administrator at the applicant's expense. Upon recording, the Floodplain Administrator shall annotate the official zoning map with the case number of the floodplain variance. The Floodplain Administrator shall maintain a record of all variances and shall report them, upon request, to Federal Emergency Management Agency (FEMA).
  • Appeals of Appeal Board Decisions. Any person or persons aggrieved by the decision of the Zoning Board of Adjustment may appeal such decision in a court of competent jurisdiction.
  • Effective on: 1/1/1901

    Sec. 6.3.408 Manufactured Home Hardship Permit
  • Generally. A manufactured home hardship permit is required when an owner requests to replace a manufactured home on a lot or parcel that is outside of a manufactured home park or subdivision within the corporate limits of the City.
  • Hardship Permit Requirements. A permit may be granted by the City for replacement of a manufactured home on a lot or parcel that is outside of a manufactured home park or subdivision, provided that the manufactured home being replaced has been used or occupied continuously as a single-family residential dwelling by the person seeking the permit, and such replacement of the manufactured home can meet all of the following:
    1. A mobile home, legally occupied as a residential dwelling within the corporate limits of the City, constructed prior to June 15, 1976, may be granted a permit for replacement with a HUD-code manufactured home, provided the placement of such replacement manufactured home can meet the setback requirements of the district within which it is proposed, as set out in Section 3.1.102, Lot and Yard Standards for New Residential Neighborhoods.
    2. Application for a replacement permit must be made within 180 days of the date the mobile home being replaced was vacated, removed, damaged, or destroyed.
    3. The approval permit for placement is valid for 180 days from the date of issuance and becomes invalid after such time.
    4. The manufactured home must be placed on the same site as the mobile home being replaced that was vacated, removed, damaged, or destroyed.
    5. The mobile home shall only be replaced once with a HUD-code manufactured home, which
      1. Is in compliance with the Texas Statement of Ownership and Location Form;
      2. Has a valid HUD Label or Texas Seal;
      3. Has not been altered as defined by the Texas Manufactured Housing Standards Act; and
      4. Was manufactured in the last 25 years.
  • Procedure. The City Commission may issue a hardship permit to replace a mobile home with a manufactured home on a lot, tract, or parcel of land located outside a manufactured home park or subdivision when it is found that there would be substantial hardship if a manufactured home could not be placed on the site and there is no permanent housing available that could fulfill the need. The grounds for granting the hardship permit include, but are not limited to the following:
    1. Illness in the family or of relatives of the applicant.
    2. Temporary economic hardship that would only be relieved by temporary use of the manufactured home outside a manufactured home park or subdivision.
    3. A showing by the applicant of the need for a hardship permit by clear and convincing evidence.
    4. A period of time necessary to relieve the hardship which would result if no permit were granted; provided, however, such permit shall be valid for no more than one year.
  • Inspection. Each manufactured home placed within a manufactured home park or subdivision, authorized to be replaced, or placed pursuant to manufactured home hardship permit shall be inspected by the Building Official to determine its placement is in accordance with the provisions of this UDC.
  • Revocation of Permit.
    1. Reason. The City Commission shall have the right to revoke a hardship permit on a finding that the facts set out in the application were untrue or incorrect or that the grounds upon which the issuance of the hardship permit are no longer operative.
    2. Notice. The City Commission shall schedule a revocation hearing, as follows:
      1. Written notice of the date, time, and place of the hearing shall be mailed to the permittee by certified U.S. mail, postage prepaid, return receipt requested, to the address set out on the application.
      2. Notice shall be mailed at least 10 days prior to the date of hearing, and shall include the grounds upon which the revocation will be sought in sufficient detail to advise the permittee, and shall advise the permittee of the right to be present in person and through counsel to present evidence and cross-examine witnesses appearing at the hearing.
    3. Decision. The decision of the City Commission shall be final.
    4. Removal. The manufactured home owner shall have 30 days from the date that the City Commission determines that the hardship permit shall be revoked to remove the manufactured home from the City. If the owner fails to remove the manufactured home, the City may abate the manufactured home as a nuisance or utilize all legal remedies available to the City to have the manufactured home removed.
  • Effective on: 1/1/1901

    Sec. 6.3.409 Variances
  • Generally. The variance process is intended to provide limited relief from the requirements of this UDC in those cases where strict application of a particular requirement will create an unnecessary hardship by preventing the use and development of land in a reasonable manner that is otherwise allowed under this UDC.
  • Applicability.
    1. The Zoning Board of Adjustment may authorize such variances as will not be contrary to the spirit of this UDC; are consistent with the interests of public health, safety, and welfare; and where there is substantial justice for the applicant and owners, as well as the residents of surrounding properties. Variances may be authorized only in accordance with the conditions enumerated in Subsection F., Decision Criteria, below, and then only in compliance with the procedures of this Subsection.
    2. An application for a variance may be filed by the owner of, or any other person having a contractual interest in, the subject property.
    3. Some variances are not within the jurisdiction of the Zoning Board of Adjustment, and are therefore, not subject to this Section. These variances include:
      1. Building Code Variances. Building code variances include variances to the requirements of adopted building codes.
      2. Variances to Imposed Conditions of Approval. These variances are those from the terms of one or more conditions of approval imposed by an administering body described in Article 6.2, Administrative Bodies. Modifications to conditions of approval shall be sought from the body that granted the approval.
      3. Variances Regarding Nonconformities. These variances include those that would have the effect of making an existing nonconforming or illegal construction (buildings and structures), site improvements, parking, or landscaping conforming. Nonconforming situations are subject to the requirements of Article 6.1, Nonconformities.
      4. Floodplain Variances. This includes variances to the requirements of Division 4.3.200, Floodplain Management and Flood Damage Prevention, which are handled by the Code Official, in consultation with the City Engineer.
      5. Use Variances. Variances shall not be used to allow a use in a zoning district in which the use is prohibited or which would constitute a change in district boundaries (e.g., variances to Article 2.2, Land Use).
      6. Conditional Use Variances. Variances shall not be used to modify any requirements that are set out in Division 2.2.200, Limited and Conditional Use Standards, with respect to an application for conditional use approval.
      7. Variances to Other Laws or Regulations. State and/or federal laws and/or regulations may not be varied by the City unless such authority is expressly granted to the City.
  • Application.
    1. Applications for a variance shall be on a form approved by the Code Official.
    2. It is the obligation of an applicant, who bears the burden of proof, to present facts about the circumstances which would justify a variance in convincing fashion so that the Zoning Board of Adjustment may be satisfied that the request meets each of the criteria set out in Subsection F., below.
  • Procedure. Variances are processed according to the sequential steps set out in Section 6.3.202, Pre-Application Conference, through Section 6.3.207, Public Meetings and Hearings, and shall be referred to other departments, as applicable, and then decided by the Zoning Board of Adjustment, as set out in Section 6.3.103, Public Hearing and Meeting Approvals.
  • Additional Conditions. The Zoning Board of Adjustment may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this Section, to reduce or minimize the effect of such variations upon other property in the neighborhood and to better carry out the general intent of this UDC.
  • Decision Criteria. The Zoning Board of Adjustment may grant a variance from the strict application of this UDC if the variance is not prohibited by Subsection B., above, and the Zoning Board of Adjustment makes findings based upon the evidence presented to it in each specific case that all of the following are demonstrated:
    1. The variance is consistent with the policy directions of the Comprehensive Master Plan.
    2. The variance will not permit an intensity of use of land that is not permitted in the applicable district;
    3. The variance will not permit a use of land, building, or structure that is not otherwise permitted in the applicable district;
    4. The variance requested is the minimum variance that will make possible a permitted use of the land, building, or structure;
    5. Granting of the variance will be in harmony with the general purposes and intent of this UDC, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare;
    6. A literal interpretation of the provisions of this UDC would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located;
    7. Granting the variance will not confer on the applicant any special privilege that is denied to other lands or structures in the same district;
    8. The need for a variance does not result from the actions of the applicant; and
    9. There are extraordinary and exceptional conditions pertaining to the subject property because of its size, shape, or topography that are not applicable to other lands or structures in the same district.
  • Effect of Decision.
    1. The Zoning Board of Adjustment may approve, approve with conditions, or deny a variance.
    2. An application for a variance may be processed simultaneously with other required applications, and approval of the other applications may be a condition of approval of the variance. However, each application shall be processed on its own independent merits according to the standards applicable to the application.
    3. All applicants requesting a variance from the provisions of this UDC shall be notified in writing of the final action taken by the Zoning Board of Adjustment.
    4. An approved variance shall be accompanied by an order of the Zoning Board of Adjustment to direct the issuance of a permit within 10 business days.
  • Annotation of Official Zoning Map. If the application is approved, the official zoning map shall be annotated to reference the approval by case number.
  • Effective on: 1/1/1901

    6.3.410 Recreational Vehicle (RV) Hardship Permits
  • Generally. A recreational vehicle (RV) hardship permit is required when an RV desires to stay parked longer than 90 days on an RV parking pad in a Recreational Vehicle Park.
  • Hardship Permit Requirements. A permit may be granted by the City if the recreational vehicle can meet all of the following:
    1. The RV can be towed by another vehicle or otherwise transported over the highway;
    2. The RV and/or its trailer is currently licensed as a travel vehicle by the DOT;
    3. The suspension, axel, and wheel components are intact;
    4. All working vehicle lights including headlights, brake and tail lights, license plate lights, turn signals, and running lights;
    5. Proof of oil change and air filter change;
    6. A battery less than five years old; and
    7. A fire extinguisher.
  • Procedure. The City Commission may issue a recreational vehicle hardship permit when it is found that there would be substantial hardship if the recreational vehicle would have to be moved to another RV parking pad site or outside the RV Park. The grounds for granting the recreational vehicle hardship include, but are not limited to the following:
    1. Illness in the family, relatives of the applicant, or self.
    2. A showing by the applicant of the need for a hardship by clear and convincing evidence.
  • Permit Issuance Period. A recreational vehicle hardship permit shall only be granted one time up to 90 days.
  • Inspection. Each recreational vehicle located in a recreational vehicle park, authorized to remain longer than its original 90 days by City Commission on an RV parking pad site shall be inspected by the Building Official and Code Enforcement to determine its satisfaction with the provisions of this UDC.
  • Revocation of Permit.
    1. Reason. The City Commission shall have the right to revoke a recreational vehicle permit on finding that the facts set out in the application were untrue or incorrect or that the grounds upon which the issuances of the recreational vehicle hardship permit are no longer operative.
    2. Notice. The City Commission shall schedule a revocation hearing, as follows:
      1. Written notice of the date, time, and place of the hear shall be mailed to the permittee by certified U.S. mail, postage prepaid, return receipt requested, to the address set out on the application.
      2. Notice shall be mailed at least 10 days prior to the date of hearing, and shall include the grounds upon which the revocation will be sought in sufficient detail to advise the permittee, and shall advise the permittee of the right to present in person and through counsel to present evidence and cross-examination witnesses appearing at the hearing.
    3. Decision. The decision of the City Commission shall be final.
    4. Removal. The recreational vehicle owner shall have seven days from the date that the City Commission determines that the hardship permit shall be revoked to remove the recreational vehicle from the City. If the owner fails to remove the recreational vehicle, the City may abate the recreational vehicle as a nuisance or utilize all legal remedies available to the City to have the recreational vehicle removed.”
  • (Ord. No. 2017-21, 09/05/2017; Ord. No. 2018-02, 07/16/2018) 

    Effective on: 1/1/1901

    6.3.411 Demolition by Neglect
  • Generally. Demolition by neglect refers to the gradual deterioration of a property when routine or minimum maintenance is not performed. The Historic Preservation Officer and Building Department staff shall work together in an effort to reduce demolition by neglect involving landmarks or properties located within the Historic Overlay (HD) District. A demolition by neglect citation as determined by the Richmond Historical Commission may be issued against the owner of the property for failure to comply with the minimum maintenance standards by permitting the subject property to exhibit serious disrepair or significant deterioration as outlined in Section 5.1.301, Historic Overlay District Design Standards.
  • Procedure. The procedure for citing a property for demolition by neglect shall be as follows:
    1. Identification. Initial identification is made by visual inspection of the area by the Historic Preservation Officer or a Richmond Historical Commission member. The Historic Preservation Officer is the point of contact, however, the Building Department staff shall when needed assist with inspections. If there is dispute between the Historic Preservation Officer and Building Department staff, the City Manager may be consulted as a mitigating party. All referrals shall be made in writing and submitted to the Historic Preservation Officer.
    2. Preliminary Determination. Once the initial identification is made, followed by the preliminary determination by the Historic Preservation Officer, the property owner shall be notified by U.S. Mail of the defects of the building and informed of various incentive programs that may be available for repair.
    3. Stabilization Proposal. Within thirty (30) days, the owner shall respond to the preliminary determination by submitting a stabilization proposal to the Historic Preservation Officer. The stabilization proposal will be presented to the Richmond Historic Commission at the next available regularly scheduled meeting.
  • Approval. If the Richmond Historic Commission approves the proposal, a certificate of appropriateness may be issued administratively by the Historic Preservation Officer. The approval will detail the specific work which is necessary to correct the demolition by neglect conditions, as well as a time period to begin and complete the work. The Historic Preservation Officer shall update the Richmond Historic Commission on the status of the property every 30 days once work begins on the property.
  • Failure to Respond.
    1. First Attempt. The Historic Preservation Officer will send notice by U. S. Mail, certified, return receipt requested, of the defects of the building and provide information of various incentive programs that may be available for repair of the building. If the property owner receives the letter regarding the preliminary determination but fails to respond within thirty (30) days, a second notice shall be sent as described in Subsection D.2., below.
    2. Second Attempt. The Historic Preservation Officer will send notice by U. S. Mail, certified, return receipt requested, providing the information described in Subsection D.1., above.  If the property owner fails to receive the letter or receives the letter and fails to respond to the within 15 days, the matter returns to the RHC for a citation hearing. The HPO shall send notice of the citation hearing by U. S. Mail, certified, return receipt requested informing the owner of the hearing, that the property is posted with a notice of the violation, and that a public hearing on the citation is scheduled.
  • Public Hearing. The owner is invited to address the Richmond Historic Commission’s concerns and to show cause why a citation should not be issued. The Richmond Historic Commission may take action to approve any proposed work, defer the matter to give the owner more time either to correct the deficiencies, make a proposal for stabilization, or issue a citation to the owner of the property for failure to correct the demolition by neglect conditions.
  • Citation Issued. If the owner is cited for the condition of demolition by neglect of the property, the owner shall, within 14 days, submit a stabilization proposal to the Historic Preservation Officer. At the discretion of the Richmond Historic Commission, the owner may be given up to one year to correct the defects. The Historic Preservation Officer shall update the Richmond Historic Commission on the status of the property every 30 days once work begins on the property.
  • Failure to Act. If the owner does not respond with a stabilization proposal, the matter is turned over to the City Attorney’s office for action in Municipal Court.
  • (Ord. No. 2017-21, 09/05/2017)

    Effective on: 1/1/1901

    Sec. 6.3.501 Land Plan or Concept Plan
  • Generally. Where the parcel proposed for development or subdivision constitutes a unit of a larger tract owned or controlled by the subdivider which is intended to be subsequently subdivided as additional phases of development, a concept plan shall be required showing the conceptual layout of the entire area of the tract, including the tentative proposal layout of streets, blocks, drainage, water, sewerage and other improvements for such areas.
  • Application. Application for a concept plan shall be made on a form approved by the Code Official.
  • Procedure. Concept plans are processed according to the sequential steps set out in Section 6.3.202, Pre-Application Conference, through Section 6.3.207, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the City Commission, upon the recommendation of the Planning and Zoning Commission, and the following:
    1. Prior to filing a preliminary plat, a subdivider who intends to submit a sequence of preliminary plats of a proposed development shall submit a concept plan of the entire development for review and approval.
    2. A subdivider may, at his or her own risk, submit the first preliminary plat along with a concept plan for concurrent review. However, such plan must be approved before any preliminary plat of such development is approved.
    3. When a concept plan is required, every preliminary plat must substantially comply with the approved concept plan.
  • Decision Criteria. The administering body may initially approve a new concept plan, or modify a previously approved concept plan, only when it finds that:
    1. The general layout of the parcel proposed for development conceptually conforms with the objectives of the Comprehensive Master Plan, and will not hinder the orderly subdivision of other land in the area in accordance with the provisions of this UDC; and
    2. The general layout of the parcel proposed for development will not be detrimental to the public health, safety or welfare or will be injurious to other property in the area.
  • Modification of Approved Concept Plan. Once approval of a concept plan has been granted, changes to the concept plan may be made only by approval of a revised concept plan.
    1. Major Modifications. Major changes in the concept plan may only be approved in the same manner that the original concept plan was approved. For the purposes of this Section, major changes in a concept plan shall mean any of the following:
      1. Increases in the density of residential uses of more than five percent.
      2. Increases in the total floor area of all nonresidential buildings covered by the plan of more than five percent.
      3. Increases of floor area for any one nonresidential building covered by the plan of more than 10 percent.
      4. Increases of lot coverage of more than five percent.
      5. Increases in the height of any building of more than 10 percent.
      6. Changes in ownership patterns or stages of construction that will impose substantially greater loads on streets and other public utilities.
      7. Decreases of any peripheral setback of more than five percent.
      8. Decreases of areas devoted to open space of more than five percent or the substantial relocation of such areas.
      9. Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.
      10. Modification or removal of conditions to the concept plan approval.
    2. Minor Changes. Any change that is not a major change, shall be be a minor change. Minor changes may be approved by the Code Official in accordance with this Section.
  • Determination of "Major or Minor" Changes. The determination of whether a proposed revised concept plan contains "major" or "minor" change shall be made by the Code Official.
  • Effect.
    1. The overall layout, if approved by the City Commission, shall be attached to and filed with a copy of the approved subdivision plat in the permanent files of the City. Thereafter, plats of subsequent units of such subdivision shall conform to such approved overall layout, unless a change of the plan is approved by the City Commission pursuant to this Section.
    2. In the event that the application for a revised concept plan is denied, the previously approved plan shall remain in effect.
  • Effective on: 1/1/1901

    Sec. 6.3.502 Preliminary Plats
  • Generally. No final plat shall be approved until a preliminary plat is approved pursuant to this Section.
  • Applicant. An application for a preliminary plat may be made only by person(s) with a financial, contractual, or proprietary interest in the property for which the preliminary plat approval is requested. If the applicant is not the owner of the subject property, the applicant shall submit a notarized authorization of the owner.
  • Application. Four copies of an application for preliminary plat approval shall be submitted on a form approved by the Code Official, and shall include, but not be limited to, the following:
    1. Size. The preliminary plat shall be prepared on sheets which are a maximum size of 24 inches by 36 inches, regardless of the size of the subdivision.
    2. Scale. The preliminary plat shall be drawn to a scale of 100 feet to the inch or larger.
    3. Minimum Requirements. The following data shall be shown on the preliminary plat:
      1. Name of the proposed subdivision, north arrow, scale, and date;
      2. The name and contact information for the owner, subdivider, engineer, surveyor, land planner, or any other designer responsible for the survey and design;
      3. Location of boundary or property lines width and location of platted streets, alleys, and easements within or adjacent to the property being subdivided;
      4. Location of boundary or property lines width and location of pipelines, present physical features on the land including natural and artificial water courses, ditches, ravines, culverts, bridges, present structures and any other features directly pertinent to the land being subdivided, location of existing utilities, showing pipe sizes and capacities of sewer and water mains and drainage facilities;
      5. Outline of any existing wooded areas and the location, species, and size of any important individual trees;
      6. Topographic map of the property with contour intervals of one-foot , with all grades shown tied to City datum of any public authority that may be established in the area;
      7. A description of the property with approximate acreage and total number of lots;
      8. The street system design, location and width of proposed streets, easements, and alleys, building lots and other features and their relationship to streets, alleys, and easements in adjacent subdivision;
      9. A vicinity map;
      10. Zoning district classification and land use designation of the land within the subdivision;
      11. Proposed water distribution system;
      12. Proposed sewage collection system;
      13. On-site and off-site drainage; and
      14. Boundary of the subdivision, with bearings and distance.
  • Procedure. Preliminary plats applications are processed according to the sequential steps set out in Section 6.3.202, Pre-Application Conference, through Section 6.3.207, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the City Commission, upon the recommendation of the Planning and Zoning Commission, as set out in Section 6.3.103, Public Hearing and Meeting Approvals.
    1. Staff Review. The Code Official shall review each preliminary plat with criteria set out in Subsection E., below, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Code Official shall provide a report and recommendation to the Planning and Zoning Commission and City Commission.
    2. Planning and Zoning Commission Recommendation. As required by Section 212.009(b), Approval Procedures, of the Tex. Local Gov't Code, the Planning and Zoning Commission shall hold a public meeting on the preliminary plat within 30 days from when the application is determined complete, pursuant to Section 6.3.204, Application Completeness Review. Following the public meeting, the Planning and Zoning Commission shall make a final report to the City Commission. A plat is considered approved by the City unless it is disapproved during that time period. The Planning and Zoning Commission shall provide a recommendation for approval, approval with conditions, or denial to the City Commission. If the Planning and Zoning Commission recommends approval with conditions, they shall state its recommendation as "conditional;" if disapproved, they shall state its reasons for the recommendation of denial.
    3. City Commission Decision. As required by Section 212.009(b), Approval Procedures, of the Tex. Local Gov't Code, the City Commission shall hold a public meeting to act on the preliminary plat within 30 days of the date of the recommendation for approval by the Planning and Zoning Commission. A plat is considered approved by the City unless the City Commission disapproves the plat during that time period.
  • Decision Criteria.
    1. The administering body shall review the preliminary plat using the decision criteria set out in Subsection F., below.
    2. The Planning and Zoning Commission and/or City Commission may require any conditions necessary to ensure that future approval of the final plat will conform to the requirements of this UDC. If the preliminary plat conforms to this UDC without the establishment of approval conditions, no conditions shall be imposed.
  • General Decision Considerations. In addition to that which may be individually specified per plat type, the administering body may approve or conditionally approve plats only if it finds that the plat:
    1. Conforms to any and all applicable provisions of this UDC;
    2. Promotes the public health, safety and general welfare;
    3. Provides for the proper arrangement of streets in relation to existing or proposed streets and conforms to the City's Thoroughfare Plan (as adopted in the Comprehensive Master Plan) for the extension of roads, streets, and public highways within the City, taking into account access to and extension of public utilities;
    4. Provides for the efficient movement of vehicular and pedestrian traffic;
    5. Ensures adequate and appropriately placed utilities;
    6. Provides access for firefighting apparatus as determined by the Fire Chief;
    7. Provides light and air and avoids congestion;
    8. Facilitates the orderly and efficient layout and use of the land;
    9. Delineates and labels all building and lot lines for all residential and nonresidential uses, including required setbacks; and
    10. Advances the goals and policies of the Comprehensive Master Plan and the purposes of this UDC, including, if applicable, current and future streets, alleys, parks, playgrounds, and public utilities.
  • Effect.
    1. A preliminary plat approval authorizes an applicant to file an application for a final plat approval.
    2. The action of both the City Commission and the Planning and Zoning Commission shall be noted on two copies of the preliminary plat, along with any conditions required by City Commission (see Subsection E.2., above). One copy shall be returned to the applicant and the other retained by the City.
    3. If the City Commission fails to act on a plat within the prescribed period, the City on request shall issue a certificate stating the date the plat was filed and that the City Commission failed to act on the plat within the period. The certificate is effective in place of the endorsement required by Subsection D.3., above.
  • Expiration and Extension. A preliminary plat that has been approved and the subdivider fails to file a final plat of the subdivision or a section thereof within one year , the approval of the preliminary plat shall be void except, however, the City Commission may, in its discretion extend such period of validity.
  • Amendments. All amendments to the preliminary plat shall be approved in the same manner as the original preliminary plat.
  • Effective on: 1/1/1901

    Sec. 6.3.503 Final Plats
  • Generally. Final plats authorized by Chapter 212, Municipal Regulation of Subdivision and Property Development, of the Tex. Local Gov't Code, shall be processed as provided in this Section.
  • Applicant. An application for a final plat may be made only by persons with a financial, contractual, or proprietary interest in the property for which the final plat approval is requested.
  • Application. Four copies of the application for final plat approval shall be submitted on a form approved by the Code Official, and shall include, but not be limited to, the following:
    1. Size. The final plat shall be prepared on sheets which are a maximum size of 24 inches by 36 inches, regardless of the size of the subdivision.
    2. Scale. The final plat shall be drawn to a scale of one inch equals 100 feet or larger.
    3. Minimum Requirements. The following data shall be shown on the final plat:
      1. The title or name by which the subdivision is to be identified;
      2. The north arrow and scale of the plat;
      3. The name of the state registered professional engineer, or state licensed or registered land surveyor responsible;
      4. The name and address of the owner and engineer or surveyor;
      5. A definite legal description and identification of the tract being subdivided which description shall be sufficient for the requirements of title examination;
      6. A descriptive diagram drawn to scale, showing by reference that the subdivision is a particular portion or part of a previously filed plat or recognized grant or partition, which diagram and description shall show as being included in the subdivision, at least all of the smallest unit of the last filed subdivisions, plat, or grant out of which the instant subdivision is divided, or so much thereof as is owned by the subdivider;
      7. The boundaries of the subdivided property indicated by a heavy line and tied by dimension to adjoining tracts showing the location or designation of streets, alleys, parks, and other areas intended to be dedicated or deeded for public use, with proper dimensions;
      8. Topographic map of the property with contour intervals of one-foot, with all grades shown tied to City datum of any public authority that may be established in the area;
      9. The location of all adjacent streets and alleys, with their names, and the names of adjoining subdivisions with exact location and designation by number or lots and blocks;
      10. All lot, block, and street boundary lines, with lots and blocks numbered or lettered consecutively;
      11. Building lines and easements defined by dimension;
      12. Width of all streets (measured at right angles or radically, where curved);
      13. All principal lines have the bearing given and deviation from the norm indicated;
      14. The length and bearing of all straight lines, radii, arc lengths, tangent length, and central angles of all curves shall be indicated along the boundary line of the subdivision and each block. All dimensions along the lines of each lot shall be shown. The curve data pertaining to block or lot boundary may be placed in a curve table at the base of the plat;
      15. The description and location of all lot and block corners and permanent survey reference monuments shall be shown. Lot markers shall be one-half inch reinforcing bar, 24 inches long, or approved equal, and shall be placed at all lot corners flush with the ground;
      16. Any covenants, conditions and restrictions (CCRs) proposed for the property;
      17. A waiver of any claim(s) against the City for damages occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to conform to grades established in the subdivision;
      18. The final plat shall be accompanied by a written agreement of the developer to install improvements required by this UDC together with a performance bond (corporate or personal surety), letter of credit, or certified check in a sufficient amount to assure the completion of all the required improvements;
      19. A certificate of ownership in fee of all land embraced in the subdivision, and of the authenticity of the plat and dedication, signed and acknowledged by all owners of any interest in said land. The acknowledgement shall be in the form required in the conveyance of real estate. A certificate from each tax collector of a political subdivision in which the property is located must accompany the plat to be recorded in the Office of the County Clerk shall that all taxes owning to the state, county, and/or City and any other political subdivision have been paid in full to date. Approval and acceptance of all lien holders shall also be included;
      20. A certificate by a registered professional engineer, state licensed, or registered land surveyor in charge, duly authenticated, that the plat is true and correct and in accordance with the determination of surveys actually made on the ground. If the engineer or surveyor who prepared the plat did not make the original boundary survey, this fact should be noted in the certificate. Also, the certificate should show whether or not the tract is within one mile of the City limits, measured in a straight line from the nearest points in the City limits, unless the information is shown in suitable manner elsewhere on the face of the plat; and
      21. The following forms shall be printed on the plat:
        1. "State of Texas, County of Fort Bend, This plat of ______________ Subdivision (Addition) approved by the City Manager of the City of Richmond, Texas. This the _____ day of _______, _______. Signed _______________, City Manager."
        2. "State of Texas, County of Fort Bend, This plat of ______________ Subdivision (Addition) approved on _______________ (date) by the City of Richmond City Commission, and signed this the ________ day of ____________, ________, provided, however, this approval shall be invalid, and null, and void, unless this plat is filed with the County Clerk of Fort Bend County, Texas, within one (1) year hereafter. Signed ______________, (Mayor), Signed ___________________, City Secretary."
  • Procedure. Final plat applications are processed according to the sequential steps set out in Section 6.3.207, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the City Commission, upon the recommendation of the Planning and Zoning Commission, as set out in Section 6.3.103, Public Hearing and Meeting Approvals.
    1. Staff Review. The Code Official shall review each final plat with criteria set out in Subsection F., below, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Code Official shall provide a report and recommendation to the Planning and Zoning Commission and City Commission.
    2. Planning and Zoning Commission Recommendation. As required by Section 212.009(b), Approval Procedures, of the Tex. Local Gov't Code, the Planning and Zoning Commission shall hold a public meeting on the final plat within 30 days from when the application is determined complete, pursuant to Section 6.3.204, Application Completeness Review. Following the public meeting, the Planning and Zoning Commission shall make a final report to the City Commission. A plat is considered approved by the City unless it is disapproved during that time period. The Planning and Zoning Commission shall provide a recommendation for approval, approval with conditions, or denial to the City Commission. If the Planning and Zoning Commission recommends approval with conditions, they shall state its recommendation as "conditional;" if disapproved, they shall state its reasons for the recommendation of denial.
    3. City Commission Decision. As required by Section 212.009(b), Approval Procedures, of the Tex. Local Gov't Code, the City Commission shall hold a public meeting to act on the final plat within 30 days of the date of the recommendation for approval by the Planning and Zoning Commission. A plat is considered approved by the City unless the City Commission disapproves the plat during that time period.
    4. Conditional Approval. When a final plat is a conditional approval, the subdivider may subsequently re-file the final plat, meeting the objections or imposed conditions and following the signing of the plat by the City Manager, the Mayor, and the City Secretary shall sign the final plat.
  • Decision Criteria.
    1. The administering body shall review the final plat using the decision criteria set out in Subsection F., below.
    2. The final plat shall conform to the preliminary plat as approved and incorporate all changes, directions, and additions imposed by the City Commission. The final plat shall not be released for filing until detailed engineering site plans have been approved by the City.
    3. If so desired by the developer, the final plat may constitute only that portion of the approved preliminary plat which he or she proposes to record and then develop, provided the portion conforms to all the requirements of this Section.
  • General Decision Considerations. In addition to that which may be individually specified per plat type, the administering body may approve or conditionally approve plats only if it finds that the plat:
    1. Conforms to any and all applicable provisions of this UDC;
    2. Promotes the public health, safety and general welfare;
    3. Provides for the proper arrangement of streets in relation to existing or proposed streets and conforms to the City's Thoroughfare Plan (as adopted in the Comprehensive Master Plan) for the extension of roads, streets, and public highways within the City, taking into account access to and extension of public utilities;
    4. Provides for the efficient movement of vehicular and pedestrian traffic;
    5. Ensures adequate and appropriately placed utilities;
    6. Provides access for firefighting apparatus as determined by the Fire Chief;
    7. Provides light and air and avoids congestion;
    8. Facilitates the orderly and efficient layout and use of the land;
    9. Delineates and labels all building and lot lines for all residential and nonresidential uses, including required setbacks; and
    10. Advances the goals and policies of the Comprehensive Master Plan and the purposes of this UDC, including, if applicable, current and future streets, alleys, parks, playgrounds, and public utilities.
  • Effect.
    1. The action of both the City Commission and the Planning and Zoning Commission shall be noted on two copies of the final plat. One copy shall be returned to the applicant and the other retained by the City.
    2. On approval of the final plat, the City Manager, Mayor, and City Secretary shall sign the plat.
    3. If the City Commission fails to act on a plat within the prescribed period, the City on request shall issue a certificate stating the date the plat was filed and that the City Commission failed to act on the plat within the period. The certificate is effective in place of the endorsement required by Subsection D.3., above.
  • Extension. Approval of the final plat shall be valid for a period of one year provided, however, that the period may be extended by the City Commission upon written request by the subdivider.
  • Site Plans. The engineering site plans showing details of streets, alleys, culverts, bridges, storm sewers, water mains, sanitary sewers, and other engineering details of the proposed subdivision shall be submitted to the Code Official along with the final plat of the subdivision. The site plans shall be prepared by a registered professional engineer and shall conform to the design standards established by this UDC and all applicable building codes. The final plat will not be released for filing until detailed engineering plans have been approved by the Planning and Zoning Commission and the City Commission. Engineering site plans and the final plat can be reviewed concurrently by City staff.
  • Recordation. In accordance with Section 212.004, Plat Required, of the Tex. Local Gov't Code, the Code Official will ensure all applicable requirements have been met prior to recording the plat with the Fort Bend County Clerk within 30 days of the date of the final approval. Two copies of the recorded plat and one mylar sepia will be returned to the developer.
  • Effective on: 1/1/1901

    Sec. 6.3.504 Amending Plat
  • Generally. In accordance with the authorization to delegate approval responsibility to the Code Official pursuant to Section 212.0065, Tex. Local Gov't Code, an "amending plat" may be approved by the Code Official to supersede an approved plat without requiring its vacation. The criteria for such approvals are established by Section 212.016, Tex. Local Gov't Code, and are set out in Subsection C., below.
  • Procedure. Applications for amending plats shall be submitted on a form approved by the Code Official. Such applications shall be processed administratively, without the need for notice, hearing, or approval of other lot owners.
  • Decision Criteria. The Code Official shall approve an amending plat if it implements any of the following purposes and, if standards or limitations are provided, complies with said standards or limitations:
    1. To correct an error in a course or distance shown on the preceding plat;
    2. To add a course or distance that was omitted on the preceding plat;
    3. To correct an error in a real property description shown on the preceding plat;
    4. To indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;
    5. To show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;
    6. To correct any other type of scrivener or clerical error or omission previously approved by the City Commission, including lot numbers, acreage, street names, and identification of adjacent recorded plats;
    7. To correct an error in courses and distances of lot lines between two adjacent lots if:
      1. Both lot owners join in the application for amending the plat;
      2. Neither lot is abolished;
      3. The amendment does not attempt to remove recorded covenants, conditions or restrictions; and
      4. The amendment does not have a material adverse effect on the property rights of the other owners in the plat;
    8. To relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; To relocate one or more lot lines between one or more adjacent lots if:
      1. The owners of all those lots join in the application for amending the plat;
      2. The amendment does not attempt to remove recorded covenants, conditions or restrictions; and
      3. The amendment does not increase the number of lots;
    9. To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:
      1. The changes:
        1. Do not affect applicable zoning and other regulations of the City;
        2. Do not attempt to amend or remove any covenants, conditions or restrictions; and
        3. Affect an area that approved by the City Commission as a residential improvement area; or
    10. To replat one or more lots fronting on an existing street if:
      1. The owners of all those lots join in the application for amending the plat;
      2. The amendment does not attempt to remove recorded covenants, conditions or restrictions;
      3. The amendment does not increase the number of lots; and
      4. The amendment does not create or require the creation of a new street or make necessary the extension of City facilities.
  • Referral. The Code Official shall not deny an application for a minor amending plat. If the Code Official does not approve the proposed amending plat it shall be referred to the City Commission.
  • Effective on: 1/1/1901

    Sec. 6.3.505 Vacating Plats and Re-Plats
  • Vacating Plats.
    1. Generally. A vacating plat is a replat to eliminate the subdivision of property reflected by a prior plat, whereby the subdivided land would return to a single unit of property.
    2. Procedure.
      1. The owners of the tract covered by a plat may vacate the plat at any time before any lot in the plat is sold.
      2. If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat.
      3. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat.
      4. Pursuant to Section 212.013, Vacating Plat, Tex. Local Gov't Code, the Fort Bend County Clerk shall write legibly on the vacated plat the word "vacated" and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded.
      5. On the execution and recording of the vacating instrument, the vacated plat has no effect.
    3. Planning and Zoning Commission Recommendation. A vacated plat shall be recommended by the Planning and Zoning Commission.
    4. City Commission Decision. A vacated plat shall be decided and approved by the City Commission. The City Commission may reject any vacation instrument which abridges or destroys any public rights in improvements, easements, streets, alleys, or similar public areas which are deemed by City Commission necessary to serve the surrounding area.
    5. Effect. An approved vacated plat must be recorded and operates to destroy the effect of the recording of the vacated plat and to divest all public rights to the streets, alleys, and other public areas laid out or described in the plat.
  • Re-Plats. Re-plats may be allowed without prior vacation of the existing plat according to the applicable standards of Section 212.014, et seq., of the Tex. Local Gov't Code.
  • Effective on: 1/1/1901

    Sec. 6.3.506 Short Form Final Plat
  • Generally. A short form final plat consists of omitting the filing of the preliminary plat, but complying with all applicable parts of the final plat set out in Section 6.3.503, Final Plats.
  • Procedure. The short form final plat shall meet the following requirements:
    1. Contains five lots or less, all fronting on a previously dedicated street(s), of adequate width;
    2. Situated so that no additional streets, alleys, easements, or other public dedications are required in order to meet the requirements of this UDC;
    3. Utilities and drainage facilities, as required by this UDC, are in place to serve each lot in the proposed subdivision and require no alterations or arrangements satisfactory to the City Commission have been made to effect any necessary alterations; and
    4. Abuts property which been previously subdivided.
  • Effective on: 1/1/1901

    Sec. 6.3.507 Administrative (Minor) Plat
  • Generally. An administrative (minor) plat, as specified in the Texas Local Government Code, may be used in a limited manner in order to adjust property lines and/or easements as defined in the plat for the purpose of development flexibility.
  • Procedure. The applicant may submit an administrative (minor) plat and must meet the following requirements:
    1. It is currently platted property, a re-plat, or amending plat that meets the following conditions:
      1. Involves four or fewer lots;
      2. All property after proposed adjustments has the required access on existing streets;
      3. Does not require the creation of any new street or public right-of-way;
      4. Does not require the extension or relocation of any utilities or municipal facilities;
      5. Does not propose to eliminate or vacate public street right-of-way or easements; and
      6. Does not include the creation of an new lots or lines.
    2. Shall meet all requirements of a short form final plat with the exception of only requiring approval of City Commission, without need of review by the Planning and Zoning Commission.
    3. Evidence that the proposed subdivision is adequately served by all existing utilities, including gas, water, sewer, electricity, etc., and is acknowledged as acceptable by the City Engineer and Director of Public Works at the time the short form final plat is submitted.
    4. If it is a re-plat, a public hearing is held in accordance with the requirements of law for re-plats before final approval of the final plat.
  • Effective on: 1/1/1901

    Sec. 6.3.601 Appeals of Administrative Decisions
  • Generally. The Zoning Board of Adjustment may decide appeals of dispositive administrative decisions made during the processing of applications for approvals pursuant to this UDC, including asserted errors in any order, requirement, permit, decision, determination, refusal, or interpretation made by any administrative officer in interpreting the provisions of this UDC.
  • Applicability. Appeals of administrative decision applications may be made by any person aggrieved or by an officer, department, or board of the City affected by any decision of the Code Official or other City staff person set out in Division 6.2.200, City Staff and Other Review Bodies, provided that:
    1. The action by the administrative officer is dispositive with respect to the application or a material part of it;
    2. There is no other specific appellate procedure provided for the application type in this UDC or in state law (e.g., the appeal is related to a building code requirement subject to the jurisdiction of the Building Board of Adjustment and Appeals, the action could be handled via the variance process, etc.); and
    3. The administrative appeals process is not used to address or resolve disputed questions of fact or law in connection with an enforcement action, nor to seek relief from an enforcement action.
  • Application. Appeals of administrative decision applications shall be on a form approved by the Code Official. Such appeal shall be made within 15 days after the decision has been rendered by the administrative official. No appeal shall be heard if the application is untimely.
  • Procedure.
    1. Applications for appeals of administrative decisions are processed according to the sequential steps set out in Section 6.3.202, Pre-Application Conference, through Section 6.3.207, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the Zoning Board of Adjustment, as set out in Section 6.3.103, Public Hearing and Meeting Approvals.
    2. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, a stay would in his or her opinion, cause imminent peril of life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order that may be granted by the Zoning Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.
  • Decision Criteria.
    1. The Zoning Board of Adjustment shall have the power to review the decision of the administrative official de novo, but shall not consider new evidence that was not available to the administrative official.
    2. The Zoning Board of Adjustment shall render a final written decision within 30 days after conclusion of the public hearing for an appeal alleging error.
    3. To support its decision and resolution of the questions and issues raised in the proceedings, the Zoning Board of Adjustment shall adopt findings of fact and may include mixed questions of law and fact.
  • Effect of Decision.
    1. In determining an appeal alleging error, the Zoning Board of Adjustment may, as long as such action is in conformity with the terms of this UDC, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Code Official or administrative official from whom the appeal is taken.
    2. The Zoning Board of Adjustment, in deciding any appeal alleging error, may prescribe such supplementary conditions, limitations and safeguards which are not in conflict with this UDC and which is deemed necessary to protect the public interest and neighboring properties. Such supplementary conditions, limitations and safeguards shall be made a part of the proceedings and shall be incorporated in the final decision.
  • Appeals of Zoning Board of Adjustment Decisions. Recourse from written decisions of the Zoning Board of Adjustment shall be filed within 10 days to the courts as set out in Section 211.011, Judicial Review of Board Decision, of the Tex. Local Gov't Code.
  • Effective on: 1/1/1901

    Sec. 6.3.602 Appeals of Board or Commission Decisions
  • Generally. Appeals from decisions of the Richmond Historical Commission (RHC) and Planning and Zoning Commission, are heard by the City Commission as provided in Subsection C., below.
  • Jurisdiction; Limitation of Jurisdiction. The City Commission may decide appeals of dispositive decisions of the RHC or Planning and Zoning Commission which are made during the processing of applications for approvals pursuant to this UDC. An asserted error in any order, requirement, permit, decision, determination, refusal, or interpretation made by the RHC or Planning and Zoning Commission in interpreting the provisions of this UDC may be appealed to the City Commission, provided that:
    1. The action is dispositive with respect to the application or a material part of it;
    2. The appeal is not used to address or resolve disputed questions of fact or law in connection with an enforcement action, or to seek relief from an enforcement action.
  • Filing of Appeal; Automatic Stay. An appeal may be brought by any person or entity that is aggrieved by the decision appealed, as follows:
    1. A complete application for an appeal, including required fees, shall be filed with the Code Official within 10 days of the date of the decision appealed from. No appeal will be heard if the application is untimely.
    2. The filing of an appeal shall stay all proceedings and further actions by both parties in furtherance of the contested action, unless the Code Official certifies to the City Commission that, in his or her opinion by reason of facts stated in the certification, such a stay could cause imminent peril to life and/or property. In such case, proceedings shall not be stayed except by a restraining order granted by the City Commission or by a court of law on notice to the Code Official, with due cause shown.
    3. Upon a finding that the application is complete, the Code Official shall schedule the appeal for consideration at a hearing before the City Commission. The Code Official shall transmit all applications and other records pertaining to such appeal to the City Commission.
  • Hearing.
    1. Upon receiving the application materials from the Code Official, the City Commission shall hold a public hearing on the appeal.
    2. The burden of proof shall rest with the appellant.
  • Effect of Appeal. The City Commission shall have the power to review the decision anew, and may grant the appeal, grant the appeal with conditions that modify the order appealed from, or deny the appeal.
  • Effective on: 1/1/1901

    Sec. 6.3.701 Fees
  • Fees Authorized.
    1. The City Commission shall, from time to time, establish fees for the processing and review of the various applications and reviews contemplated by this UDC.
    2. The fees shall be reasonable, but shall not exceed the actual costs of staff and consultant time in reviewing the applications.
    3. The City Commission may provide for a flat fee, plus require the reimbursement of extraordinary costs to the City that are necessitated by an application, such as fees for expert technical review or advice.
  • Relationship to Application. No application is complete until all up-front fees for review are paid. The time period for processing an application after completeness review does not start unless the fees are paid.
  • Exception. No fees shall be charged to any government agency for work being performed by the employees of the agency.
  • No Refunds. Once an application has been accepted by the Code Official, and City staff reviews have been initiated, the filing fee is non-refundable.
  • Periodic Review of Fee Schedule. It is the intent of the City Commission to periodically review and update the fee schedule. The Planning and Zoning Commission with input from the Code Official shall make a report and recommendations to the City Commission with regard to the fee schedule at intervals of not more than two years. The City Commission shall consider the report and initiate a revised fee schedule resolution as it considers appropriate.
  • Effective on: 1/1/1901

    Sec. 6.4.101 Interpretation, Generally
  • Generally. Any person may request an administrative interpretation of the terms, provisions, or requirements of this UDC if the application of the terms, provisions, or requirements are not obvious.
  • Applicability. This Section applies to any request to interpret a provision of this UDC.
  • Application Fee.
    1. It is the intent of the City Commission that this UDC be accessible and clear to the residents, business owners, and landowners in the City, and that the spirit of Chapter 552, Public Information, Tex. Gov't Code be observed. As such, City staff will provide:
      1. General information to residents, business owners, and landowners with respect to the zoning districts that apply to property;
      2. References to the standards that may be applied to individual uses or buildings; and
      3. Requested public records that are related to the administration and enforcement of this UDC.
    2. It is not the intent of the City Commission that the Code Official affirmatively evaluate the full development potential of individual properties or resolve other such detailed inquiries about specific properties or issues without a pending application.
    3. Within these guidelines, the Code Official is authorized to waive the application fee for specific inquiries that do not involve material time commitments or copying costs, and to charge an hourly research fee for broad inquires that are likely to involve material time commitments. Such fee shall be according to a fee schedule promulgated by City Commission resolution.
  • Process. The interpretation is made by the official charged with administering the provision for which an interpretation is requested (the "responsible official"). The responsible official and the City are not obligated to render an interpretation. The interpretation is not subject to appeal, although related appeals may proceed as provided in this UDC (e.g., appeals of decisions on applications which may be impacted by the interpretation). After an interpretation is issued, the Code Official may propose a text amendment to this UDC to codify the interpretation.
  • Application Requirements.
    1. Applications for interpretations shall be submitted on a form approved by the Code Official.
    2. The applicant shall cite the code provision for which interpretation is sought, a description of a hypothetical situation or scenario to which the application of this UDC is in question, and a statement of the nature of the interpretation sought.
  • Decision. Within a reasonable period after the application for an interpretation is filed, the responsible official shall make a good faith effort to interpret the provision that is the subject of the application. The responsible official shall respond to the applicant in writing, and shall keep a copy of the response in a record of interpretations. The responsible official may consult with the Code Official in drafting the interpretation.
  • Standards for Interpretations. The interpretation shall be based on:
    1. The materials or scenario posed by the applicant;
    2. The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in Webster's Third New International Dictionary or other current and authoritative dictionaries;
    3. The purpose statement for the UDC section that is subject to interpretation;
    4. Any other provision of the Comprehensive Master Plan, this UDC, Texas State law, or Federal law that are related to the same subject matter;
    5. Any technical meanings of the words used in the provision subject to interpretation;
    6. Other interpretations rendered by the City relating to the same or related provisions of this UDC;
    7. The consequences of the interpretation;
    8. The legislative history;
    9. The problem or issue that is addressed by the provision subject to interpretation; and
    10. Sources outside of the UDC provision that provide a related source for the definition, such as technical or professional literature.
  • No Legal Advice. The City does not provide legal advice to applicants or property owners. Private parties, including purchasers, lenders, title insurers, and others are advised to seek legal opinions from their attorneys with respect to specific potential applications of this UDC. No interpretation provided by City staff pursuant to this Section shall be construed as legal advice.
  • No Binding Effect. It is the policy of the City to evaluate applications for development approval comprehensively on their individual merits. Therefore, interpretations may be persuasive to the applicable development review bodies, but they are not binding on the City.
  • Recordkeeping. The Code Official shall keep records of interpretations made pursuant to this Section.
  • Effective on: 1/1/1901

    Sec. 6.4.201 Enforcement Powers and Remedies
  • Generally. This Section sets out remedies that may be requested by the City to enforce this UDC prior to and in a court of competent jurisdiction. This Section shall not limit the power of the City to pursue multiple or alternative actions, remedies, and penalties, or to pursue actions, remedies and penalties that are authorized by law but not listed in this Section.
  • Enforcement Powers. The City may enforce this UDC prior to and without judicial process by:
    1. Withholding Permits. The City may deny or withhold all permits, approvals, or other forms of authorization on any land, building, or structure for which there is an uncorrected violation of a section of this UDC or of a condition of a permit, certificate, approval, or other authorization previously granted by the City. In lieu of withholding or denying an authorization, the City may grant such authorization subject to the condition that the violation be corrected.
    2. Suspension of Permits. The City may suspend permits, including conditional use permits, for a period of up to 60 days to allow for the correction of the violation or the judgment of a court of competent jurisdiction.
    3. Stopping Work. With or without revoking permits, the City may stop work on any building or structure on any land on which there is an uncorrected violation of a section of this UDC or of a permit or other form of authorization issued pursuant to this UDC, in accordance with its power to stop work under its building codes.
    4. Revocation of Permits and Approvals.
      1. Revocation of Permits. Any permit, certificate of occupancy, or other approval required under this UDC shall be revoked when it is determined that:
        1. There is a departure from the approved plans, specifications, limitations, or conditions as required under the permit or approval;
        2. The permit or approval was procured by false representation;
        3. The permit or approval was issued in error; or
        4. There is a violation of any provision of this UDC.
      2. Notice and Opportunity to Correct. Written notice of revocation stating that such violation shall be corrected within 10 days shall be served upon the property owner, agent, applicant, or other person to whom the permit or approval was issued, or such notice may be posted in a prominent location at the place of violation.
      3. Effect of Notice. No work or construction shall proceed after service of the revocation notice unless such work is to correct a violation.
      4. Failure to Correct. If after the 10-day period, arrangements acceptable to the City have not been made, the Building Official shall:
        1. File litigation in a court of competent jurisdiction; and/or
        2. Remove or correct such violation and cause to be placed a lien upon the property and/or improvements to the property in an amount to cover all costs related to correction or abatement of the violation.
  • Judicial Remedies. The City may seek the following judicial remedies to enforce this UDC:
    1. Injunctive Relief.
      1. The City may seek an injunction or other equitable relief in court to stop any violation of this UDC or of a permit, certificate, or other form of authorization granted under this UDC. Such relief may include revocation or termination of permits, including conditional use permits. In any court proceedings in which the City seeks a preliminary injunction, it shall be presumed that a violation of this UDC or continued violation of this UDC is, will, or may be an injury to the public health, safety or general welfare; that the public health, safety or general welfare will or may be irreparably injured by the continuation of the violation unless the violation is enjoined; and that there is no plain and adequate remedy at law for the subject violation.
      2. The City may seek an affirmative injunction to require the demolition or removal of a structure, or to allow the City to demolish or remove a structure and recover costs against the landowner, pursuant to Section 54.018, Tex. Local Gov't Code.
    2. Abatement. The City may seek a court order in the nature of mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
    3. Civil Remedies. The City shall have the right to institute any appropriate civil action as provided in Section 54.012, et seq., Tex. Local Gov't Code, in a county court or district court, to enforce, enjoin, prevent, restrain, correct or abate any violation of this UDC, including any and all remedies available pursuant to state law. All court costs and reasonable attorney's fees incurred by the City in connection with any civil action shall be awarded to the City if it is the prevailing party.
    4. Criminal Remedies. Any person who violates any section of this UDC shall be guilty, upon conviction, of a separate offense for each day or portion of a day during which the violation continues, which shall be punishable by a fine not to exceed $2,000 for each offense.
  • Floodplain Remedies. Violations of the Federal Emergency Management Agency (FEMA) floodplain regulations set forth in Division 4.3.200, Floodplain Management and Flood Damage Prevention, shall be subject to the following, in addition to the remedies provided by other subsections of this Section:
    1. The Federal Emergency Management Agency (FEMA) and the Texas Commission on Environmental Quality (TECQ) shall be notified immediately in writing of any property or structure in violation of the floodplain section of this UDC.
    2. New or renewal National Flood Insurance shall be denied for any structure remaining in violation or situated on property in violation of this UDC.
  • Other Remedies. The City shall have such other remedies as are and as may be from time to time provided by state law for the violation of regulations.
  • Remedies Cumulative. The remedies and enforcement powers set out in this Section shall not be considered exclusive remedies, but rather they shall be cumulative with all other remedies provided in this UDC, in any other applicable ordinance, or by law.
  • Effective on: 1/1/1901

    Sec. 6.4.202 Enforcement Procedures
  • Generally. The City may enforce the provisions of this UDC as set out in this Division, or as otherwise authorized by law.
  • Responsible Official. The Building Official, Code Official, or the City Manager shall administer and enforce the provisions of this UDC. The Building Official or Code Official may consult with the City Attorney and other officials in the exercise of this duty.
  • Right to Enter. The Building Official or Code Official will investigate and find as a matter of fact whether a violation of this UDC has occurred. The Building Official or Code Official or any person authorized by the Building Official, Code Official, or the City Manager, shall have the right to enter upon any premises at any reasonable time for the purpose of making inspection of buildings or premises necessary to carry out the duty to enforce this UDC.
  • Filing a Complaint. Any person may allege a violation of this UDC by written and signed complaint that is filed with the City. Such complaint shall state the factual basis for the alleged violation along with the complainant's name, address, and telephone number.
  • Notice of Violation. Upon investigation, with or without a complaint, the City may issue a written notice of violation to the owner of property upon which a violation of this UDC exists. The Notice of Violation shall set out the grounds upon which the notice is based, including the specific code section or sections at issue. Notices shall conform to the requirements of Section 54.005, Tex. Local Gov't Code, and shall include the optional statements set out therein.
  • Correction of Violation.
    1. For a first violation, the person responsible for the violation shall have a period of no more than 30 days to correct the violation.
    2. For a subsequent or continued violation, the person responsible for the violation shall correct the violation within 72 hours.
    3. Any violation that creates an immediate danger to the public safety shall be corrected immediately, regardless of whether it is a first violation, a continuing violation, or a subsequent violation.
  • Further Enforcement. If the code violation is not corrected in accordance with the requirements of Subsection F., above, then the City may enforce this UDC in accordance this Division.
  • Records. The Building Official shall maintain a record of all complaints of violations of this UDC, including how they were resolved.
  • Effective on: 1/1/1901

    Sec. 6.4.204 Abatement
  • Generally. The City may abate violations of this UDC pursuant to this Section. This remedy is authorized for, but is not limited to, any situation where any property owner fails to construct, improve, or maintain any improvement that is required by the terms of any permit or approval, or any condition upon any land that is in violation of this UDC.
  • Warning Notice Required. Before action is taken to abate a violation to this UDC or any violation to an ordinance or other policies of the City, a final warning notice shall be posted on the property and served personally or by certified mail with return receipt required to the owner of record of the property, or to the property owner or association, as applicable, and a period of five business days shall be given from the date of the notice indicated by the date on the letter. Failure to receive such notice when proof of delivery to the correct address has been provided by the United States Post Office shall not forestall enforcement action under this provision.
  • Timing of Abatement. Unless this notice is appealed, pursuant to requirements herein within 10 days of the posting of the final warning, the City may proceed to abate the violation in accordance with City policies and procedures.
  • Documentation of Costs. The Building Official shall keep an account of the direct and indirect cost incurred by the City in the abatement of any violation. The Building Official shall forward a bill for collection to the violator or association, and to owner of record of the property specifying the nature and costs of the work performed. For purposes of this Section, direct and indirect costs shall include, but not be limited to, the actual expenses and costs to the City in the preparation of the notices, specifications and contracts, actual physical abatement processes, work inspection, and interest from the date of completion at the rate prescribed by law for delinquent real property taxes.
  • Payment of Costs by Owner. The responsibility for payment of the charges for abatement as set out in this Section shall rest solely upon the owners of the property upon which the abatement occurred, or the property owners’ association, as applicable. Such charges shall become a lien upon the real property or properties upon which the violation was located or upon properties associated with the property upon which the violation was located. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state or municipal property taxes, with which it shall be upon a parity. The lien shall continue until the charges and all interest due and payable thereon are paid.
  • Allocation of Costs for Property Controlled by Property Owners’ Associations. Where a property owners’ association is involved:
    1. Expenses under Subsection E., above, shall be prorated among all lots and/or owners of lots within the subdivision.
    2. Actions directed under this Section are considered delivered if they are addressed and sent by certified mail to the responsible person(s) who are shown to be the responsible person(s) on the most recent tax roll of the City.
  • Manufactured Home Park or Subdivision Compliance. When any person shall be notified by a written notice by the City that any condition may exist or work being done by him/her as owner, agent, or any other capacity, is in violation of the provisions of this UDC, it shall be his/her duty to abate the violation within the time specified in the written notice. Compliance framework is as follows:
    1. The time shall not exceed 30 days;
    2. The 30 day time period may be extended by the Building Official in the event legitimate circumstances exist which prevent compliance. A reasonable time period is determined by the Building Official;
    3. Applicable compliance with this Section; and
    4. The City may provide for immediate compliance when a serious threat to life or substantial damage to property may exist.
  • Effective on: 1/1/1901