For all applications filed under this code, the following shall apply:

(a)

Application forms and fees. The following regulations shall apply to all applications:

(1)

Forms. Applications required under this code shall be submitted on forms and in such numbers as required by the city and as specified in the development packets for platting, zoning, and site development permits.

(2)

Development packets. The development packets for platting, zoning and site development permits shall mean the set of application procedures maintained and on file at the planning and development services department pertaining to, among other things, the platting, zoning, and site development of land. The PDS director shall maintain the authority to add, remove, or otherwise alter specific requirements of each application contained within a development packet.

(b)

Pre-submittal meeting.

(1)

The applicant shall request a pre-submittal meeting with the zoning administrator to discuss procedures, standards, and regulations required by this code for the following:

a.

General plan amendment;

b.

Application for original zoning;

c.

Map amendment (rezoning);

d.

Planned unit development (PUD);

e.

Site plan;

f.

Variance;

g.

Special exception;

h.

Historic (H) overlay designation;

i.

Certificate of appropriateness; and

j.

Subdivision platting.

(c)

Application filed. Pursuant to V.T.C.A., Local Government Code ch. 245, the rights to which an applicant is entitled shall accrue on the filing of an application that gives the city fair notice of the project and the nature of the permit sought. An application is considered filed on the date the applicant mails by certified mail or delivers the application to the following address:

City of Round Rock
Department of Planning and Development Services
Attn: PDS director
301 West Bagdad, Suite 210
Round Rock, TX 78664

(d)

Application completeness. An application shall be considered complete if it is submitted in the required form, includes all mandatory information, including all exhibits, and is accompanied by the applicable fee. A determination of application completeness shall be made by the zoning administrator within five days of application filing. If an application is determined to be incomplete, the zoning administrator shall provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected.

(e)

Expiration of application.

(1)

An application shall expire 45 days after the date the application is filed if:

a.

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

b.

The city provides the applicant, no later than ten business days after the date the application is filed, written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided; and

c.

The applicant fails to provide the specified documents or other information within the aforesaid 45-day period.

(2)

Except as otherwise provided for in this code, an application shall expire 180 days after the date the application was filed; provided, however, the zoning administrator may grant a one-time, 180-day extension for good cause demonstrated by the applicant. A delay solely caused by a governmental agency shall be considered good cause. For an extension to be granted the applicant shall provide a written request ten working days prior to expiration stating the reason for the extension.

(a)

Conformity with development code. Every official and employee of the city vested with the duty or authority to issue a permit or license shall not issue a permit or license for any use, building, improvement, or purpose that conflicts with any provision of this code. Any permit or license or certificate issued in conflict with the provisions of this code shall be null and void.

(b)

Public notice requirements. The purpose of this section is to establish the minimum requirements for notice where required in this chapter. Unless otherwise specified, when notice is required in this chapter pursuant to Sec. 10-2, the notice required is as set forth in subsections (b)(1) and (2) of this section.

(1)

Published notice—General.

a.

A distinctive public hearing notice shall be placed by the zoning administrator at least once in a local official newspaper of general circulation within the city, as designated by the city council, prior to the meeting, for the purpose of notifying the public of the time and place of such public hearing and the substance of the public hearing agenda items that may be considered or reviewed.

b.

The public hearing notice shall be placed according to the following deadlines:

1.

Planning and zoning commission - zoning: Ten days prior to public hearing.

2.

Planning and zoning commission - replat: Fifteen days prior to public hearing.

3.

City council: Fifteen days prior to public hearing.

c.

Published notices shall contain at least the following specific information:

1.

The general location of land that is the subject of the application and/or a location map;

2.

The legal description or street address;

3.

The substance of the application, including the magnitude of proposed development and the current zoning district;

4.

The time, date and location of the public hearing;

5.

A phone number to contact the city; and

6.

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

(2)

Mailed notice.

a.

Mailed notices shall be mailed according to the following deadlines:

1.

Zoning board of adjustment: Ten days prior to public hearing.

2.

Planning and zoning commission - zoning: Ten days prior to public hearing.

3.

Planning and zoning commission - replat: Fifteen days prior to public hearing.

4.

City council: Fifteen days prior to public hearing.

b.

Mailed notices shall contain at least the following specific information:

1.

The general location of land that is the subject of the application and/or a location map;

2.

The legal description or street address;

3.

The substance of the application, including the magnitude of proposed development and the current zoning district;

4.

The time, date and location of the public hearing;

5.

A phone number to contact the city; and

6.

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

c.

For proposed changes to zoning classifications or boundaries, excluding applications for original zoning, in addition to published notice as set forth in subsection (e)(1) of this section, written notice shall be mailed to each owner within the corporate limits within the city, as indicated by the most recently approved city tax roll, of real property within 300 feet of the property on which a change in zoning classification or boundary is proposed before the tenth day before the hearing date. Notice may be served by its deposit in the U.S. Mail in the city, properly addressed with postage paid.

(3)

On-site public hearing notification sign.

a.

Property owner initiated proceedings. For all proceedings initiated by or on behalf of the property owner, at least one on-site public hearing notification sign shall be provided by the city and placed by the property owner on each property requiring a public hearing prior to the public hearing date, in accordance with the public notice requirements in Subsection (b)(1) above. At least one sign shall be posted per 500 linear feet of all property located along a public right-of-way, with a minimum of one sign per frontage, placed parallel to and visible from, the roadway. In the event of unique circumstances affecting a property, the location of the sign(s) may be determined by city staff. The property owner shall provide an affidavit, including photographs, attesting to the date of installation and the number of signs installed. This affidavit shall be provided to the city at least five days prior to the required public hearing. If the proceeding requires a public hearing before both the planning and zoning commission and the city council, separate photographs and affidavits shall be required for each public hearing.

b.

City initiated proceedings. For proceedings initiated by the city, it may not be possible or practical to place a sign on the private property subject to the proposed proceedings. In addition, in some situations, city initiated proceedings may involve multiple tracts of land that make it impractical to place a sign on every tract. Therefore, in city initiated proceedings, the zoning administrator shall determine in his sole discretion the most effective and practical manner in which to provide reasonable on-site notification of public hearings.

(4)

Constructive notice. Minor defects in notice or if an on-site public hearing notification sign is damaged or removed shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Defects in notice provisions which exceed the requirements of V.T.C.A., Local Government Code ch. 211 shall not invalidate any action or proceedings pursuant thereto.

(5)

Summary of notice required. Published, mailed, or signed notice shall be required for development review as shown in the following table:

⁽¹⁾ See Sec. 10-30(e)

(c)

Expiration of approvals and permits.

(1)

Approvals and permits issued pursuant to this chapter shall expire according to V.T.C.A., Local Government Code ch. 245, as amended, and the following table if no progress has been made toward the completion of the project as described in subsection (f)(3) of this section.

(2)

A certificate of zoning compliance or written interpretation stays in effect indefinitely where no change of use or development has occurred or is proposed. Upon modification of use or modified development, the certificate of zoning compliance or written interpretation shall expire according to the table in subsection (f)(1) of this section.

(3)

Progress toward completion of the project shall include any of the following, pursuant to V.T.C.A., Local Government Code ch. 245, as amended:

a.

An application for a final plat is submitted;

b.

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

c.

Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition), in the aggregate amount of five percent (5%) of the most recent appraised market value of the real property on which the project is located;

d.

Fiscal security is posted;

e.

Utility connection fees or impact fees have been paid for the project;

f.

A complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued; or

g.

In the case of projects where more than one building or phase is to be built, the applicant may submit a series of building permit applications. The first application must be submitted within 12 months from the date site plan approval is granted. Each subsequent application must be submitted within 12 months from the date of issuance of a certificate of occupancy for the previous development.

(4)

Preliminary plat approval. The approval of a preliminary plat shall expire two years from the date of approval unless a final plat for a portion of the preliminary plat has been approved and recorded, in which case the preliminary plat is extended three additional years from the date each additional final plat is recorded. The developer may request an administrative extension of two (2) years prior to the two-year expiration date where the city has approved the subdivision improvement permit as provided for in Sec. 4-95.

(5)

Final plat, replat, and amending plat approval. The approval of a final plat, replat and amending plat shall expire two years from the date of approval if the respective plat has not been recorded. The developer may request an administrative extension of two (2) years prior to the two-year expiration date where the city has accepted the subdivision improvement construction plans as provided for in Sec. 4-96(a).

(6)

Subdivision development permit.

a.

Pursuant to V.T.C.A., Local Government Code ch. 245, as amended, a subdivision development permit shall be issued by the PDS director after the recording of the final plat. For the purposes of this subsection, the development of each lot shall constitute a separate project. The subdivision development permit authorizes the developer to proceed with the next step in the development process of the lots within the recorded final plat as follows:

1.

For lots zoned single-family residential, the next step in the development process is an application for a building permit; or

2.

For lots zoned for uses other than single-family residential, the next step in the development process is an application for site plan approval.

b.

The subdivision development permit shall expire two years from the date the final plat is recorded. Pursuant to V.T.C.A., Local Government Code ch. 245, as amended, upon the expiration of the subdivision development permit, the development project for each undeveloped lot contained within the recorded final plat shall be considered dormant.

c.

After a development project has become dormant, the developer of the dormant development project whose subdivision development permit has expired may proceed with said development project provided the developer makes an application for a building permit or site plan approval, as appropriate, but such application shall be governed by the ordinances and regulations in effect at the time of said application.

(7)

Reinstatement of a lapsed approval shall require the same submittal and approval as an original application.

(Ord. No. O-2019-0084, § I, 2-14-2019; Ord. No. O-2022-271, § I, 8-25-2022; Ord. No. O-2023-179, § I, 6-8-2023)

(a)

Applicability.

(1)

A certificate of zoning compliance shall represent a determination by the zoning administrator that a proposed development or use does, in all respects, conform to the provisions of this Code.

(2)

A certificate of zoning compliance shall be required for all development, except for residential uses in the SF-R, SF-1, SF-2, SF-3, SF-D, and TF districts, prior to beginning development. It shall be unlawful to begin development until the zoning administrator has issued a certificate of zoning compliance for such work.

(3)

The following use-related changes are prohibited until the zoning administrator has issued a certificate of zoning compliance for the intended use:

a.

Changes in the type of land use.

b.

Changes in the type of use or type of occupancy of any building.

c.

The expansion of a building or the associated structures of a business.

(b)

Timing of application. An application for a certificate of zoning compliance shall be made concurrently with an application for a site development permit or in cases where a site development permit is not required, concurrently with the application for a building permit.

(c)

Application filing. Certificate of zoning compliance applications shall be made in writing to the zoning administrator on forms provided for that purpose and available in the planning department. The zoning administrator shall keep a record of all such applications on file.

(d)

Zoning administrator's review and action.

(1)

If the proposed development, as set forth in an application for a certificate of zoning compliance, is in conformity with the provisions of this Code, the zoning administrator shall issue a certificate of zoning compliance, provided that all of the following conditions shall apply:

a.

Issuance of a certificate of zoning compliance shall in no case be construed as waiving any provisions of this Code.

b.

The zoning administrator shall not grant any exceptions to the actual meaning of any clause, standards, or regulation contained in this Code to any person making application to excavate, construct, move, alter or use buildings, structures or land.

c.

The zoning administrator shall issue a certificate of zoning compliance when the imposed conditions of this Code are complied with by the applicant regardless of whether the use of the certificate would violate contractual or other arrangements (including, but not by way of limitation, restrictive covenants) among private parties.

d.

The certificate of zoning compliance shall include a determination that plans, specifications and the intended use of such structure and land do, in all respects, conform to the provisions of this Code. Prior to the issuance of a certificate of zoning compliance, the zoning administrator shall consult with all applicable city departments.

(2)

If the proposed development, as set forth in an application for a certificate of zoning compliance, is not in conformity with the provisions of this Code, the zoning administrator shall not issue a certificate of zoning compliance. If an application for a certificate of zoning compliance is disapproved, the zoning administrator shall state in writing the cause of such disapproval and provide written notice to the applicant.

(a)

Applicability. The zoning administrator shall have authority to make all written interpretations concerning the provisions of this code.

(b)

Request for interpretation. A request for interpretation shall be submitted to the zoning administrator on a form established by the zoning administrator and made available to the public.

(c)

Interpretation by zoning administrator. The zoning administrator shall:

(1)

Review and evaluate the request in light of the text of this Code, the official zoning map, the general plan and any other relevant information;

(2)

Consult with other staff, as necessary;

(3)

Render an opinion; and

(4)

Provide the interpretation to the applicant in writing by mail.

(d)

Official record. The zoning administrator shall maintain an official record of interpretation. The record of interpretations shall be available for public inspection during normal city business hours.

(a)

Applicability. The city council may from time to time amend, supplement, change, modify or repeal the general plan or portion thereof, after recommendation by the planning and zoning commission.

(b)

Procedure before the planning and zoning commission.

(1)

The planning and zoning commission shall hold a public hearing to consider all proposed amendments to the general plan. Notice of the public hearing shall be given in accordance with the procedures in Sec. 10-1(e).

(2)

Upon such hearing, all interested parties shall have the opportunity to give testimony or make inquiries regarding any proposed amendment.

(3)

After such hearing, the planning and zoning commission shall make its recommendation regarding any proposed amendment.

(4)

Recommendations made by the planning and zoning commission shall be reported to the city council in writing.

(c)

Procedure before the council.

(1)

After receiving the recommendation of the planning and zoning commission, the city council shall hold a public hearing on same. Notice of the public hearing shall be given in accordance with the procedures in Sec. 10-1(e).

(2)

The city council shall be at liberty to accept, reject, or take other action on the recommendation it receives from the planning and zoning commission, provided that such action furthers the health, safety, and general welfare of the residents of the city.

(a)

Purpose. For the purpose of establishing and maintaining sound, stable, and desirable development within the territorial limits of the city, the text of this code shall not be amended except to acknowledge changed or changing conditions in a particular area or in the city generally, or to change the regulations and restrictions of this code. All amendments shall be in accordance with the general plan.

(b)

Initiation of amendments. An amendment to the text of this code may be initiated by:

(1)

City council on its own motion; or

(2)

The planning and zoning commission.

(c)

Approval process.

(1)

Review and report by zoning administrator. The zoning administrator shall review the proposed amendment in light of the general plan and give a report to the planning and zoning commission on the date of the scheduled public hearing.

(2)

Public hearing and recommendation by planning and zoning commission. The planning and zoning commission shall publish notice in accordance with Sec. 10-1(e), hold a public hearing and recommend to the council such action as the commission deems proper.

(3)

City council action.

a.

Notice. The city council shall publish notice in accordance with Sec. 10-1(e) and hold a public hearing before rendering decisions on a petition to amend this Code.

b.

Public hearing. The city council shall hold a public hearing and approve, approve with modifications or conditions, or disapprove the amendment application.

(d)

Review criteria. In determining whether to approve, approve with modifications or conditions, or disapprove amendments to this code, the city council shall consider and make findings on the following matters regarding the proposed amendment:

(1)

Whether the proposed amendment is consistent with the general plan;

(2)

Whether the proposed amendment advances the stated scope and purpose of this code as stated in Sec. 1-3; and

(3)

Whether the proposed amendment advances the stated purpose of any zoning district it may affect.

(a)

Applicability. All land annexed to the city shall be accompanied by a proposal to zone the affected property to a base zoning district as identified in Sec. 2-1. It is the intent of the city to zone property when it is annexed. To achieve the city's intent, a property owner may submit a proposal to zone the land being annexed to a base zoning district as identified in Sec. 2-1 along with the annexation petition. Such zoning district shall be appropriate for the intended use of the property and in accordance with the general plan. When the intended use of the land being annexed has not been determined and a proposal to zone the land has not been provided by the property owner, the land annexed may be zoned by the city council at its sole discretion.

(b)

Process. The original zoning decision shall be made after annexation occurs, although decisions for both may occur at the same public meetings. In all meetings, annexation votes shall occur prior to voting on the application for original zoning.

(c)

Map amendment procedures. An application for original zoning shall follow the procedures set forth in Sec. 10-21, map amendment (rezoning).

(a)

Purpose. For the purpose of establishing and maintaining sound, stable, and desirable development within the territorial limits of the city, the official zoning map shall not be amended except to confirm or acknowledge changed or changing conditions in a particular area, or to extend the boundary of an existing zoning district. All amendments shall be in accordance with the general plan.

(b)

Initiation of amendments. An amendment to the official zoning map may be initiated by:

(1)

City council on its own motion;

(2)

The planning and zoning commission; or

(3)

Application by property owner.

(c)

Approval process.

(1)

Review and report by zoning administrator. The zoning administrator shall review the proposed amendment to the official zoning map in light of the general plan, subject to the criteria enumerated in subsection (d) of this section, and give a report to the planning and zoning commission on the date of the scheduled public hearing.

(2)

Referral to planning and zoning commission. The zoning administrator, upon receipt of application to amend the official zoning map, shall refer the same to the planning and zoning commission for study, hearing, and report. The city council may not enact the proposed amendment until the commission makes its report to the city council.

(3)

Public hearing and recommendation by planning and zoning commission. The planning and zoning commission shall publish and mail public notice in accordance with Sec. 10-1(e), shall hold a public hearing and recommend approval, approval with modifications or conditions, or disapproval to the council.

(4)

City council action.

a.

Notice. The city council shall publish and mail public notice in accordance with Sec. 10-1(e), and hold a public hearing before rendering a decision on an amendment to the official zoning map.

b.

Public hearing. The city council shall hold a public hearing and approve, approve with modifications or conditions, or disapprove the application to amend the official zoning map.

c.

Effect of planning and zoning commission recommendation for disapproval. If the planning and zoning commission has recommended that the city council disapprove a potential zoning map amendment, the amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council.

d.

Effect of protest to proposed amendment. In accordance with V.T.C.A., Local Government Code § 211.006, if a written protest that meets the conditions in this subsection is presented to the city secretary prior to the public hearing for the map amendment, the amendment shall become effective only with the favorable vote of three-fourths of all members of the city council. The valid protest must be written and signed by the owners of at least 20 percent of either:

1.

The area of the lots or land covered by the proposed change; or

2.

The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.

In computing the percentage of land area under this subsection, the area of streets and alleys shall be included.

(d)

Review criteria. In determining whether to approve, approve with modifications or conditions or disapprove amendments to the official zoning map, the city council shall consider and make findings on the following matters regarding the proposed amendment:

(1)

Consistency (or lack thereof) with the general plan;

(2)

Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood;

(3)

Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment;

(4)

Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment; and

(5)

Availability of water, wastewater and stormwater facilities suitable and adequate for the proposed use.

(e)

Limitation on reapplication. If an application for rezoning is disapproved by the city council, another application for reclassification of the same property or any portion thereof to the same zoning district shall not be filed within a period of 12 months from the date of final disapproval, unless upon initiation by the planning and zoning commission or city council.

(a)

Applicability. A PUD may be used to permit new or innovative concepts in land utilization, master-planned communities, or mixed-use developments that other zoning districts do not easily accommodate. A PUD also provides site-specific compatibility standards. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established to ensure against misuse of increased flexibility. PUDs are appropriate in areas where the general plan reflects either the specific uses proposed in the PUD or where the general plan reflects mixed-use as a land use category.

(b)

Procedure.

(1)

Initiation of PUD. A PUD application shall consist of a request for original zoning or a zoning change and a development plan.

(2)

Pre-submittal meeting. The purpose of the mandatory pre-submittal meeting is to afford the applicant an opportunity to avail himself of the advice and assistance of the city staff before submitting the PUD application.

(3)

Review and recommendation by zoning administrator. The zoning administrator shall review the original zoning or zoning change and the development plan application and forward its recommendation to approve, approve with modifications or conditions, or disapprove the application to the zoning administrator, who shall in turn forward his/her recommendations to the planning and zoning commission.

(4)

Review and recommendation by planning and zoning commission. The planning and zoning commission shall review the request for either original zoning or a zoning change, along with the development plan application, and recommend approval, approval with modifications or conditions, or disapproval of the same.

(5)

Review and action by city council.

a.

If the PUD zoning application is favorably reviewed by the planning and zoning commission, it shall be sent forward to the city council with a recommendation for approval under the condition that the development plan with all related information shall be presented to the city council. Otherwise it shall be forwarded with an unfavorable recommendation.

b.

The chapter granting a PUD district shall include a statement as to the purpose and intent of the planned development granted therein. All specific conditions of approval that are imposed by the city council shall be listed in the PUD chapter and development plans shall be referenced as attachments.

(c)

Development plan requirements. The development requirements for each separate PUD district shall be included as a part of the development plan for each PUD district and shall include, but may not be limited to: uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, parking, driveways and access, streets and circulation, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the city council may deem appropriate.

(d)

Development plan approval criteria. The form and content of the development plan shall be in sufficient detail to enable the city council to evaluate the proposal and ascertain that it meets the following:

(1)

The proposal will constitute an environment of sustained stability and shall be in harmony with the character of the surrounding area.

(2)

The proposal is in conformity with the policies, goals and objectives of the general plan including all its elements and shall be consistent with the intent and purpose of this Code.

(3)

The proposal ensures the provision of adequate public improvements, including but not limited to, transportation, drainage, parks, and other public facilities.

(4)

The proposal ensures minimal development-related off-site impacts.

(e)

Minimum requirements. Unless otherwise specified in the approved development plan, the minimum requirements for each development shall be those stated in this code and shall be the requirements of the most restrictive standard zoning district in which designated uses are permitted. Meritorious modification of these standards may be considered.

(f)

Density requirements. Overall density in any planned unit development shall generally equal that shown on the general plan for the particular location. Lower density may be required to ensure compatibility with surrounding existing neighborhood densities. Higher densities may be approved at the discretion of the city council.

(g)

Compliance with applicable city ordinances. The granting of a PUD designation shall not relieve the developer from responsibility for complying with all other applicable sections of this code, and other codes and chapters of the city unless such relief is specified in the approved development plan.

(h)

Deviations from established standards. Each PUD application shall describe and justify each aspect of the proposed development that is not already accommodated by the standards established in this code, and thus contributes to the necessity of the PUD request.

(i)

Amendments to development plan. Amendments to a development plan shall take into consideration the effect of the proposed development on the remainder of the property within the PUD and adjacent properties and neighborhoods. Major amendments shall require city council approval. Minor amendments may be approved by the PDS director:

(1)

Minor amendments: The PDS director shall have the authority to administratively approve a minor change to a development plan of up to ten percent (10%) of any numerical standard contained within the plan. Minor changes may include, but not be limited to, adjustments to lot lines, parking and loading areas, driveways, parking counts, building configurations and orientations, architectural design, building and landscaping materials, tree retention, street alignments, sidewalks, drainage facilities, project phasing, lighting, and site layout. The PDS director shall also have the authority to administratively approve a change in the development plan to the maximum height of a free-standing sign or a change to the maximum allowable display area of any signage.

(2)

Minor amendments shall not include:

(a)

changes in land use;

(b)

increases in density, building height, or coverage of the site;

(c)

decreases in setbacks abutting residential land uses and zoning districts;

(d)

decreases in parkland or open space;

(e)

any proposed modification that reduces the quality of the PUD, as determined by the PDS director; or

(f)

any proposed modification that seeks to alter a condition, standard, or requirement that was incorporated into the development plan as a result of public testimony during a planning and zoning commission or a city council hearing.

(3)

Major amendments represent substantial deviations from the PUD concept approved by the planning and zoning commission. Any amendment not determined by the PDS director to be a minor amendment to a development plan shall be deemed a major and amendment and require city council approval.

(j)

Development plan is a subdivision concept plan. Approval of a development plan shall also constitute approval of a concept plan for subdivision purposes.

(Ord. No. O-2023-180, § I, 6-8-2023)

(a)

Application procedure. An application for approval of a concept plan or a plat shall be filed with the PDS director by the developer and in accordance with the official filing date schedule. An application for approval of a final plat, minor subdivision final plat or replat not submitted in accordance with the official filing date schedule may be subject to disapproval.

(b)

Review for application completeness. The PDS director shall determine if the application for approval of a concept plan or a plat meets all the content requirements of this chapter. An incomplete application will not be accepted. The PDS director shall notify the developer in writing of the noted deficiencies. Upon correction of the deficiencies, the application may be resubmitted on a subsequent official filing date.

(c)

Withdrawal of an application. A developer may withdraw an application for approval of a concept plan or any plat prior to the review of the respective concept plan or plat by the PDS director by notifying the PDS director in writing.

(d)

Filing fees. Fees shall be charged for all concept plans, plats, or vacation applications. The fees and charges shall be paid upon the submittal of an application and the application shall not be considered complete until such fee has been paid.

(Ord. No. O-2022-271, § II, 8-25-2022; Ord. No. O-2024-168, § XIII, 6-27-2024)

(a)

Purpose and intent. The purpose of the concept plan is to present a layout of a proposed subdivision or addition. The intent of the concept plan is to facilitate the review of the proposed subdivision or addition in accordance with the general plan policies and, where applicable, the concurrent review by the planning and zoning commission for original zoning recommendation for the proposed subdivision. In addition, the purpose is to determine the availability of city utilities, streets and drainage.

(b)

Platting of parent tract. In order to ensure the orderly planning of streets, utilities, drainage and other public facilities, the parent tract must be included in a concept plan.

(c)

Pre-submittal meeting. The developer must attend a pre-submittal meeting prior to the filing of an application for approval of a concept plan.

(d)

Required. The developer shall submit a concept plan of the proposed subdivision or addition prior to the submission of a preliminary plat application for approval by the PDS director, when the proposed subdivision or addition includes any of the following:

(1)

Contains more than twenty acres or is contained within a parent tract which contains more than twenty acres; or

(2)

Proposes to create a new street connection to a freeway, highway, or designated arterial roadway in the regional transportation network.

Where a concept plan is not required, a preliminary plat or minor final plat may still be required.

(e)

Approval process. The PDS Director shall approve or deny the developer's concept plan application. If the PDS Director denies the developer's application, the developer may appeal the denial to the City Council, by giving written notice of the appeal to the City Secretary not more than 10 days following actual notice of the PDS Director's denial. The City Council's decision shall be final.

(f)

Application requirements. The developer shall submit a concept plan application that contains all the materials listed in the development packet.

(g)

City staff review. After the city staff review and comment period, the developer shall submit to the planning department the number of corrected copies of the concept plan specified in the development packet, along with one reproducible drawing complete with all required information.

(h)

Revisions to approved concept plans. A request for a major revision to a preliminary plat shall trigger the submittal of a new concept plan in conjunction with the major revision requested.

(Ord. No. O-2019-0085, § I, 2-14-2019; Ord. No. O-2022-271, § III, 8-25-2022)

(a)

Purpose and intent. The purpose of the preliminary plat is to present a detailed layout of the proposed subdivision in order to facilitate a review by the planning and zoning commission of the proposed subdivision's street and drainage system, easements, utilities, building lots, and other lots including parkland.

(b)

Pre-submittal meeting. The developer must attend a pre-submittal meeting prior to the filing of an application for approval of a preliminary plat, unless waived by the PDS director.

(c)

Required. The developer shall submit to the PDS director for approval a preliminary plat of the subdivision. The preliminary plat shall conform to the concept plan, where one was required. If the PDS director determines the preliminary plat does not conform to the approved concept plan, a new concept plan shall be submitted and approved by the PDS Director prior to review of the preliminary plat.

(d)

Application requirements. The developer shall submit a preliminary plat application that contains all the materials listed in the development packet.

(e)

City staff review. After the city staff review and comment period, the developer shall submit to the planning department the number of corrected copies of the preliminary plat as specified in the development packet, along with one reproducible drawing with all required information and an electronic plat in the format described in the development packet. A phase II environmental assessment may be required if the phase I environmental assessment indicates that a potential environmental hazard may exist.

(f)

Revisions to approved preliminary plats.

(1)

Minor revisions to approved preliminary plats. The PDS director may administratively approve minor revisions to approved preliminary plats. The developer shall submit a preliminary plat application that contains all the materials listed in the development packet. A minor revision is one that:

a.

Changes the lot size or configuration provided that the total number of lots does not increase;

b.

Changes a local street width or alignment; or

c.

Changes a utility or access easement.

(2)

Major revisions to approved preliminary plats. The PDS director may approve major revisions to approved preliminary plats. Proposed major revisions to an approved preliminary plat shall trigger the submittal of a new concept plan in conjunction with the major revision requested and trigger notice requirements provided for in Sec. 10-10(f), with the exception that concept plans contained within a Planned Unit Development are not required to be re-submitted. The developer shall submit a preliminary plat application that contains all the materials listed in the development packet. A major revision may include, but is not limited to the following:

a.

An increase in the number of lots;

b.

A change to the collector or arterial street layout; or

c.

A modification of the parkland.

(Ord. No. O-2019-0085, § I, 2-14-2019; Ord. No. O-2022-271, § IV, 8-25-2022; Ord. No. O-2024-168, § XIV, 6-27-2024)

(a)

Purpose and intent. The purpose of the final plat is to allow for a review of the proposed subdivision's street and drainage system, easements, utilities, building lots, and other lots including parkland, and to establish an approved, legally recordable plat of the proposed subdivision.

(b)

Corresponding final plat. If a final plat does not include the entire parcel of land included in the preliminary plat, the final plat must correspond to the phasing approved in the preliminary plat.

(c)

Required. The developer shall submit to the PDS director for approval a final plat of the subdivision in conformance with the approved preliminary plat.

(d)

Application requirements. The developer shall submit a final plat application that contains all the materials listed in the development packet.

(e)

City staff review. After the city staff review and comment period, the developer shall submit to the planning department the number of corrected copies of the final plat as specified in the development packet, along with one reproducible drawing with all required information in a format specified in the development packet. A phase II environmental assessment may be required if the phase I environmental assessment indicates that a potential environmental hazard may exist.

(Ord. No. O-2024-168, § XV, 6-27-2024)

(a)

Purpose and intent. The purpose of the minor subdivision final plat is to allow for a review by city staff and to establish an approved, legally recordable plat of the proposed subdivision. The minor subdivision final plat is intended to expedite the platting process for qualifying subdivisions by not requiring the submission of a concept plan and preliminary plat.

(b)

Pre-submittal meeting. The developer must attend a pre-submittal meeting prior to the filing of an application for approval of a minor subdivision final plat. At the pre-submittal meeting, the developer must meet the following criteria in order to file a minor subdivision final plat application:

(1)

The number of proposed lots does not exceed four;

(2)

There are no requirements for additional off-site or on-site public improvements;

(3)

There is no requirement for a TIA; and

(4)

At the conclusion of the pre-submittal meeting, obtain the signatures of the PDS director, confirming the tract of land meets the criteria provided in subsections (1) through (3) above on the certification form provided in the development packet.

(c)

When permitted. The developer shall submit a minor subdivision final plat to the PDS director for approval without the submission of a concept plan or a preliminary plat.

(d)

Application requirements. The developer shall submit a minor subdivision final plat application that contains all the materials listed in the development packet.

(e)

City staff review. After the city staff review and comment period, the developer shall submit to the planning department the number of corrected copies of the minor subdivision final plat as specified in the development packet, along with one reproducible drawing with all required information in a format specified in the development packet. A phase II environmental assessment may be required if the phase I environmental assessment indicates that a potential environmental hazard may exist.

(Ord. No. O-2024-168, § XVI, 6-27-2024)

(a)

Purpose and intent. The purpose of a replat is to resubdivide all or part of a recorded plat, without the vacation of the preceding plat, and to allow for a review by the PDS director. A replat is not required when the city or other governmental entity acquires part of a developed property for right-of-way expansion.

(b)

Pre-submittal meeting. The developer must attend a pre-submittal meeting prior to the filing of an application for approval of a replat.

(c)

When permitted. The developer shall submit to the PDS director for approval of a replat in compliance with the Texas Local Government Code as amended.

(d)

Application requirements. The developer shall submit a replat application that contains all the materials listed in the development packet.

(e)

Notice requirement for replats. If a replat of residential property, as described by V.T.C.A Local Government Code § 212.015(a), requires a variance or exception, a public hearing must be held. Notice of a replat public hearing shall be given in accordance with Sec. 10-2. If a proposed replat described by V.T.C.A Local Government Code § 212.015(a) does not require a variance or exception, not later than the fifteenth day after the date the replat is approved, written notice shall be provided by mail of the approval of the replat to each owner of a lot in the original subdivision that is within 300 feet of the lots to be replatted according to the most recent municipality or tax roll. The notice must include the zoning designation of the property and a telephone number and e-mail address an owner of a lot may use to contact the city about the replat. This requirement does not apply to a proposed replat if the City holds a public hearing and gives notice of the hearing pursuant to V.T.C.A Local Government Code § 212.015(b).

(f)

Constructive notice. Minor defects in notice or if an on-site public hearing notification sign is damaged or removed shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Defects in notice provisions which exceed the requirements of V.T.C.A., Local Government Code ch. 211, shall not invalidate any action or proceedings pursuant thereto.

(g)

City staff review. After the city staff review and comment period, the developer shall submit to the planning department the number of corrected copies specified in the development packet, along with one reproducible drawing with all required information in a format specified in the development packet.

(Ord. No. O-2023-179, § II, 6-8-2023; Ord. No. O-2024-168, § XVII, 6-27-2024)

(a)

Purpose and intent. The purpose of an amending plat is to replace a recorded plat without vacation of that plat, and to allow for a review by city staff. The amending plat is intended to be used as a limited means to correct minor errors or make minor adjustments to a recorded plat as provided in V.T.C.A., Local Government Code § 212.016, as amended.

(b)

Pre-submittal meeting. The developer must attend a pre-submittal meeting prior to the filing of an application for approval of an amending plat.

(c)

When permitted. The developer shall submit to the PDS director for approval an amending plat application in lieu of a preliminary and final plat when the proposed amending plat is filed for one or more of the purposes listed in V.T.C.A., Local Government Code § 212.016.

(d)

Application requirements. The developer shall submit an amending plat application that contains all the materials listed in the development packet.

(e)

City staff review. After the city staff review and comment period, the developer shall submit to the planning department the number of corrected copies specified in the development packet, along with one reproducible drawing with all required information in a format described in the development packet.

(Ord. No. O-2024-168, § XVIII, 6-27-2024)

(a)

Purpose and intent. The purpose of a plat vacation is to nullify all or part of a previously recorded plat.

(b)

When permitted. The developer shall submit to the PDS director for approval a plat vacation as permitted under and in compliance with V.T.C.A., Local Government Code § 212.013:

(1)

No lots sold. The owner of the land covered by a plat may vacate the plat at any time before any lot in the plat is sold. After approval, the plat is vacated when a signed, acknowledged instrument declaring the plat vacated is recorded in the manner prescribed for the original plat.

(2)

Lots sold. If one or more 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. After approval, the plat is vacated when all owners record a signed, acknowledged instrument declaring the plat vacated.

(c)

Application requirements. The developer shall submit a plat vacation application that contains all the materials listed in the development packet.

(Ord. No. O-2024-168, § XIX, 6-27-2024)

(a)

Purpose and intent. The purpose of a release of easement is to nullify a portion or the entire easement established by a previously recorded plat or by separate instrument. A release of easement may be initiated by the respective lot owners or by the city.

(b)

When permitted. The developer shall submit a release of easement application containing a metes and bounds description and sketch of the proposed area to be released, and signed by the owner of the land requesting the city to vacate the easement, in order to release all or a portion of an easement, including but not limited to, a public utility easement, drainage easement, conservation easement, public access easement or combination public easement. The easement shall be released when all owners and entities authorized to use the easement sign and acknowledge a release form, approval is granted by the city manager and the release of easement instrument declaring the easement released is recorded.

(c)

Application requirements. The developer shall submit a release of easement application that contains the following:

(1)

A copy of the deeds identifying the owners of the property;

(2)

A letter signed by the owners of the lot to the PDS director containing the following:

a.

A metes and bounds description and survey sketch including a description of the easement or portion of the easement to be released including the lot description and orientation to the nearest lot line;

b.

An explanation of the purpose of the release request; and

c.

Signatures by the entities authorized to use the easement agreeing to the requested release of easement, in the form provided in the development packet.

(3)

Payment of applicable fees.

(a)

Distribution and review. The PDS director shall distribute a copy of each application to the reviewing agencies and the reviewing agencies shall review the application in accordance with the Texas Local Government Code and this code.

(b)

Director approval of easement vacations. After a review by the reviewing agencies, the PDS director may approve easement vacations. Upon a determination by the PDS director that all of the public utilities authorized to use the easement proposed for vacation approve of the vacation request, the PDS director shall then approve the respective easement vacation.

(c)

Director approval of plats. The PDS director shall review plat applications and shall either approve, approve with minor conditions, or disapprove them within 30 days after filing a completed application. The 30 days may be extended for a period not to exceed an additional 30 days upon written request by the applicant and approval by the PDS director. The PDS director may, for any reason, elect to present the plat for approval to the planning and zoning commission.

(d)

Right to appeal. If the PDS director disapproves a plat, the applicant has the right to appeal to the City Council or the planning and zoning commission.

(e)

Notification of action taken for plats. Within ten working days after action taken by the PDS director or the planning and zoning commission pursuant to subsection (c), the PDS director shall issue to the developer a certificate as required by V.T.C.A., Local Government Code § 212.0115, stating that the plat has been reviewed and approved.

(Ord. No. O-2019-0461, § I, 11-26-2019; Ord. No. O-2022-271, § V, 8-25-2022; Ord. No. O-2024-168, § XX, 6-27-2024)

(a)

In order for the approved plat to be recorded, the following are required:

(1)

The plat is subject to the recordation requirements of V.T.C.A., Local Government Code § 212.004(b);

(2)

The plat is subject to the filing and recording provisions of V.T.C.A., Property Code § 12.002; and

(3)

The developer must submit to the PDS director all other application requirements specified in the development packet.

(4)

Recorded copies of any required off-site easements.

(b)

The PDS director shall obtain the required city signatures on each reproducible copy of the plat. After all signatures required for recordation have been affixed to the plat, the PDS director shall present the prescribed county recording fee and the plat to the office of the county clerk for recording.

(c)

The official copy of the recorded plat shall be maintained at the office of the county clerk. A copy of the recorded plat shall be maintained in the files of the planning department.

(a)

In general.

(1)

A license agreement permits a private party to encroach upon or construct site improvements within public property or the right-of-way. The agreement is granted to an entity to construct landscape improvements, such as subdivision entry features.

(2)

Private construction on public property or right-of-way is prohibited without an executed license agreement in place. Structures and planting shall be located outside of all easements and shall be set back from public utilities as required by the public works director and city engineer.

(3)

Design and construction of improvements covered under a license agreement shall be in accordance with the Design and Construction Standards, specifically the provision for obstruction-free sight triangles at intersections.

(4)

A building permit shall be required for the irrigation tap and meter.

(5)

If the proposed work covered under the license agreement is zoned as a Planned Unit Development (PUD), then the PUD requirements shall be incorporated.

(6)

Landscaping that is not in compliance with City of Round Rock criteria or has been planted without an approved License Agreement from the City shall be removed by the sponsoring organization or individual at their cost.

(7)

In addition to landscaping and subdivision entry treatments, the following items to be constructed by the applicant within the public right-of-way shall be covered by a license agreement that states the applicant is responsible for maintenance:

a.

Illumination;

b.

Signs;

c.

Walls and fences;

d.

Aesthetic treatments such as surface finishes, concrete stain, or brick pavers;

e.

Non-standard pavement such as stamped concrete or pavers in crosswalks; and

f.

Private utilities.

(b)

License agreement process.

(1)

The applicant shall request a pre-submittal meeting with the planning and development services department in order to present the initial request and discuss review procedures, applicable codes, and potential problems with the request.

(2)

The applicant shall obtain and review the license agreement application packet from the planning and development services department.

(3)

The applicant shall submit a site development plan for the proposed site improvements. After the site development plans and construction documents have been approved, and a site development permit issued, the applicant shall then submit the license agreement application to the planning and development services department.

(4)

The applicant shall submit construction plans, the completed application, and application fee to the planning and development services department. The City will review, and when ready for signatures, contact the applicant. Once the applicant has returned the signed license agreement to the planning and development services office, it will be forwarded to the city manager for execution.

(5)

The materials to be submitted with the completed license agreement application shall be listed in the development packet.

(c)

Maintenance considerations.

(1)

The applicant shall be required to maintain the landscaping and other improvements covered under a license agreement. The applicant shall also be responsible for trimming tree limbs from trees located on private property which cause an obstruction of the right-of-way.

(2)

The City reserves the right to prune or remove any vegetation, at the cost of the applicant, as determined necessary for visibility and ease of maintenance.

(Ord. No. O-2024-266, § XL, 9-26-2024)

(a)

In general.

(1)

Rights-of-way shall only be abandoned if they do not contain City facilities or facilities of a franchised utility company, and if the right-of-way is not currently being utilized or is determined to no longer be needed for public use.

(2)

Rights-of-way are dedicated to the City for public use. Action by the City Council shall be required to abandon a public right-of-way. City rights-of-way are also utilized by various privately owned utility companies through contractual franchise agreements with the City. Therefore, the franchised utility companies must agree with the abandonment of rights-of-way.

(3)

If all requirements set forth in this procedure are met, abandonment shall be considered by the City Council by adoption of an ordinance abandoning the affected right-of-way. Once adopted by the City council, the ordinance will be filed in the deed records of the county where the abandoned property is located. No deed or title conveyance shall be made by the City to the property abandoned.

(b)

Procedure.

(1)

A pre-application meeting with the public works director, city engineer, or designated representatives is required to look at the site and receive initial guidance through the process. The applicant requesting the abandonment must obtain the following information and forward this information to the City as a complete packet:

a.

A letter of request from the applicant and all adjoining property owners requesting abandonment of the subject right-of-way and the specific reason for the proposed abandonment. Include the following information: street or location address, legal description, and assessor parcel number. Where the underlying title to the right-of-way is in more than one owner, all owners must agree to the abandonment. The City shall not be responsible for determinations of ownership and division of property.

b.

An agreement in writing to relocate, construct or reconstruct fences, sidewalk, utilities, curbs and gutters, and such other improvements as required.

c.

The appropriate fee in the form of a check made out to the City of Round Rock for the administrative processing for abandonment of right-of-way.

d.

A copy of the original right-of-way dedication instrument (usually this is a plat or a separate dedication instrument). The applicant shall obtain certified copies of the documents that were used to dedicate the easements. The applicant shall be responsible for retaining assistance, if necessary, of a surveyor or title company.

e.

The applicant shall have a survey and field notes prepared by a Registered Professional Land Surveyor (RPLS) in the State of Texas for the right-of-way (or portion) to be abandoned. The sketch and field notes shall reflect only the portions to be abandoned.

f.

A copy of a deed or title insurance policy showing the names of the owners, dated within the last 90 days.

g.

Actual field locations of all City utilities shall be recorded.

h.

Letters from all franchised utility companies indicating they have no objections to the right-of-way abandonment shall be required. If the right-of-way contains facilities of the franchised utilities, these facilities shall be shown on the sketch. The applicant shall be responsible for verifying and displaying the location of utilities.

i.

In cases where right-of-way abandonment will involve the purchase of property or interest therein from the City, the applicant shall obtain an appraisal completed by a MAI certified appraiser who is pre-approved by the City.

j.

Corporate or partnership owners shall furnish a copy of a corporate resolution or other proof of authority to sign on behalf of the corporation, partnership, or joint venture.

(2)

When the above information has been received by the City, the applicant shall be notified that the file is complete and ready for City Council action. The city engineer or public works director shall place the abandonment on the City Council agenda, prepare a recommendation, and inform the applicant of the date and time of the council meeting.

(3)

The City Council may at its sole right and option, elect to sell or abandon right-of-way for a sum equal to the present market value or elect not to sell and/or abandon the ROW.

(4)

The City shall request preparation of an abandonment ordinance from the City Attorney's office and forward the applicable sketch, field notes, and recommendation for the abandonment.

(5)

Upon City Council approval of the abandonment ordinance the applicant shall be required to pay to the City the value of the abandonment as determined by the appraisal (if applicable). Once the settlement is received the City shall finalize the abandonment ordinance and forward a copy of the ordinance to the applicant.

(6)

The applicant is responsible for filing a quit claim deed or an approved plat with the county clerk's office in order to legally claim the appropriate portion of property.

(c)

Alternate procedure.

(1)

In instances in which a right-of-way was dedicated by plat, they may be abandoned through a replat. See Sec. 10-30 for information on the replat procedure.

(Ord. No. O-2024-266, § XL, 9-26-2024)

The city shall have the sole responsibility and authority to issue driveway permits for connections to roads owned by the Texas Department of Transportation (TxDOT) within the jurisdiction of the city, including the extraterritorial jurisdiction.

(a)

Applicability. Prior to any development other than single-family (attached or detached) an applicant must obtain site plan approval under this section. No such development shall be lawful or permitted to proceed without final site plan approval. All improvements reflected on approved site plans must be constructed at the time of development. All terms and conditions of site plan approval must be met at the time of development.

(b)

Approval process. Site plan applications shall be processed in accordance with the following requirements:

(1)

Pre-submittal meeting. Prior to the submission of an application for site plan approval, all potential applicants are strongly encouraged to request a pre-submittal meeting with the zoning administrator. The purpose of the meeting is to respond to any questions that the applicant may have regarding any application procedures, standards, or regulations required by this Code. Upon receipt of such request, the zoning administrator shall afford the potential applicant an opportunity for such a pre-submittal meeting at the earliest reasonable time.

(2)

Review and action by the zoning administrator. All site plans shall be submitted to the DSO for review and approval, approval with conditions or disapproval. If the proposed site plan is determined to be consistent with all applicable provisions of this section and all other provisions of the Code, including all requirements listed in the development packet for site development, the zoning administrator shall approve the site plan and so advise the applicant in writing. A determination that all such requirements and provisions have not been satisfied shall result in disapproval of the site plan and notice of such disapproval shall be given to the applicant in writing.

(c)

Approval criteria. In order to be approved, a site plan must provide for all of the development requirements of this Code, including but not limited to the following:

(1)

Safe and convenient traffic control and handling;

(2)

Assured pedestrian safety which may include the provision of sidewalks along the perimeter of the property meeting the specifications for same as outlined in Chapter 6, relative to width and placement;

(3)

Efficient and economic public utility and sanitation access;

(4)

Public road or street access;

(5)

Satisfactory internal access; public, private or emergency;

(6)

Adequate parking and maneuvering areas;

(7)

Noise and emission control or dispersion;

(8)

Screening compatibility requirements in accordance with the provisions of this Code;

(9)

Runoff, drainage and flood control;

(10)

Sign location requirements in accordance with the provisions of Chapter 8, article VIII, of this Code;

(11)

Location and density of buildings or dwellings where topography or characteristics of the site compel a lower density than would otherwise be allowed, or require location consistent with accepted engineering practices and principles;

(12)

Landscape plans depicting the landscaping requirements in accordance with Sec. 8-10;

(13)

Legal description or metes and bounds survey that legally describes the building plot and street address; and

(14)

Compliance with any additional site plan approval criteria required for overlay districts or any site plan approval criteria adopted as part of a neighborhood plan or special area plan.

(Ord. No. O-2019-0461, § II, 11-26-2019)

(a)

Purpose. The zoning board of adjustment shall have jurisdiction to hear requests for a variance from the terms of this code. The ZBA shall be authorized to grant a variance from the terms hereof if, and only if, they find that the strict enforcement of this code would create a substantial hardship to the applicant, by virtue of unique special conditions not generally found within the city, and that the granting of the variance would preserve the spirit and intent of the code, and would serve the general interests of the public and the applicant. Variances may be granted only when in harmony with the general purpose and intent of this code so that public health, safety and welfare may be secured and substantial justice done.

(b)

Approval process.

(1)

Review and report by zoning administrator. Once the application is complete, the zoning administrator shall review the variance application, subject to the review criteria enumerated in subsection (c) below, and give a report to the zoning board of adjustment on the date of the scheduled public hearing.

(2)

Action by the zoning board of adjustment.

a.

Notice. The zoning board of adjustment shall mail notice in accordance with Sec. 10-1(e).

b.

Variance review and public hearing.

1.

In conjunction with review of the variance application, subject to the criteria listed in subsection (c) of this section, the zoning board of adjustment shall hold a public hearing and shall make a written finding and give its approval, approval with modifications or conditions, or disapproval.

2.

It shall take a concurring vote of 75 percent of the members of the ZBA to approve or approve with modifications or corrections an application for a variance from this Code.

(c)

Criteria for approval of variances.

(1)

Required findings. The zoning board of adjustment shall authorize a variance from the requirements of this Code when an unnecessary hardship would result from the strict enforcement of this Code. In granting a variance, the ZBA shall prescribe only conditions that it deems not prejudicial to the public interest. In making the required findings, the ZBA shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed development, the possibility that a nuisance shall be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the ZBA finds all of the following:

a.

Extraordinary conditions. There are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Code will deprive the applicant of the reasonable use of their land. For example, a variance might be justified because of topographic or other special conditions unique to the property and development involved, while it would not be justified due to inconvenience or financial disadvantage.

b.

Application of a substantial property right. The variance is necessary for the preservation and application of a substantial property right of the applicant.

c.

Substantial detriment. The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area, or to the city in administering this Code.

d.

Other property. These conditions do not generally apply to other property in the vicinity.

e.

Applicant's actions. The conditions are not the result of the applicant's own actions.

f.

General plan. The granting of the variance would not substantially conflict with the general plan and the purposes of this Code.

g.

Utilization. Because of these conditions, the application of this Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property.

(2)

Insufficient findings. The following types of possible findings do not constitute sufficient grounds for granting a variance:

a.

The property cannot be used for its highest and best use.

b.

There is a financial or economic hardship.

c.

There is a self-created hardship by the property owner or his agent.

d.

The development objectives of the property owner are or shall be frustrated.

(3)

Limitations. The zoning board of adjustment may not grant a variance when the effect of which would be any of the following:

a.

To allow the establishment of a use not otherwise permitted in the applicable zoning district.

b.

To increase the density of a use above that permitted by the applicable district.

c.

To expand a nonconforming land use.

d.

To change the zoning district boundaries shown on the official zoning map.

(4)

Profitability not to be considered. The fact that property may be utilized more profitably should a variance be granted may not be considered grounds for a variance.

(d)

Appeal. Appeals of the zoning board of adjustment's decision must be made within ten days to the district court, county court, or county court at law in accordance with Texas Local Government Code.

(a)

Purpose. In order to provide a method by which human error may be corrected, administrative adjustments are permitted. Administrative adjustments are specified deviations from otherwise applicable development standards where development is proposed that would be:

(1)

Compatible with surrounding land uses;

(2)

Harmonious with the public interest; and

(3)

Consistent with the purposes of this Code.

(b)

Applicability. The zoning administrator shall have the authority to authorize an administrative adjustment of up to 10 percent of any numerical standard set forth in Chapter 2, Zoning, or Chapter 8, Development Standards, of this Code. No administrative adjustment shall increase the overall density or intensity of the development.

(c)

Review and action by zoning administrator. The zoning administrator shall review the application and approve or disapprove the application based upon the criteria below. A written decision including affirmative findings on the criteria set forth below shall be mailed to the applicant.

(d)

Administrative adjustment criteria. To approve an application for an administrative adjustment, the zoning administrator shall make an affirmative finding that the following criteria are met:

(1)

That granting the administrative adjustment serves a conspicuously obvious and needed purpose;

(2)

That granting the administrative adjustment will ensure an equal or better level of land use compatibility as the otherwise applicable standards;

(3)

That granting the administrative adjustment will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks and other land use considerations;

(4)

That granting the administrative adjustment will not adversely affect property values in any material way; and

(5)

That granting the administrative adjustment shall be generally consistent with the purposes and intent of this Code.

(a)

Purpose.

(1)

Condemnation administrative adjustment under this section means adjustment(s) to this Code in the special circumstance where governmental condemnation results in zoning law noncompliance.

(2)

For the purpose of this section, condemnation includes a purchase or donation of property under the threat of condemnation, but excludes a dedication of property as a condition of zoning, subdivision, site plan or building permit approval.

(b)

Applicability.

(1)

Prior to the acquisition of a right-of-way, the landowner or condemning authority may make an application to the zoning administrator, to modify any of the zoning regulations listed in subsection (b)(2) below, that will be violated as a result of the governmental condemnation.

(2)

Under this section, the following categories subject to this Code may be considered by the zoning administrator for adjustment: Access to public roads, architectural designs, landscaping, lot area, lot depth, lot width, parking, setbacks and signage.

(c)

Review and action by zoning administrator. The zoning administrator shall review the application, and approve or disapprove it based upon the criteria enumerated in subsection (d) below. A written decision including applicable affirmative findings on the criteria set forth in subsection (d) below shall be mailed to the applicant.

(d)

Condemnation administrative adjustment criteria. The zoning administrator may approve an application for a condemnation administrative adjustment under this section if, and only if, the proposed adjustment is not detrimental to public health, safety and welfare. The zoning administrator shall consider the following criteria when applicable:

(1)

Consistent with this Code zoning regulations. The proposed adjustment is in harmony with the general plan and purpose and intent of this Code.

(2)

Harmonious with character and scale of surrounding area. The proposed adjustment to schematic architectural, signage and landscaping designs shall be harmonious with the character of the surrounding area.

(3)

General impacts. The likely future impact that the proposed adjustment may have on the following systems and public services: Public infrastructure such as roads, parking facilities, water and wastewater systems, police and fire protection, solid waste collection, and the ability of existing infrastructure and existing services to adequately service the property in question.

(4)

Traffic related impacts. The proposed adjustment does not interfere with the free flow of traffic or create a public safety hazard.

(5)

Condemning authority impact. The likely cost to the condemning authority if the application is disapproved.

(a)

Applicability.

(1)

Special exceptions include uses that are generally compatible with the other uses permitted in a zoning district, but require individual review of their location, design, configuration, density and intensity of use or structures, and may require the imposition of conditions in order to ensure the appropriateness of the use at a particular location.

(2)

Uses that may be considered for special exception are identified in the permitted uses table of each zoning category in Chapter 2, Zoning.

(3)

An application for a special exception may not be made unless the use is identified as one that may be considered for special exceptions in the relevant district, as listed in the permitted uses table of each zoning category in Chapter 2, Zoning.

(b)

Requirement for concurrent site plan submittal.

(1)

Application for a special exception must occur in conjunction with the submittal of a site plan. The zoning board of adjustment may not render a decision on the special exception application until after the site plan has been favorably reviewed by the zoning administrator.

(2)

Any modification to an approved site plan that was filed in conjunction with a special exception shall cause the special exception to become void, regardless of its current status, including already obtained approval by the ZBA. Such special exceptions must be resubmitted to the ZBA for consideration using the modified site plan. If the modified site plan requires zoning administrator approval, no decision may be rendered on the special exception until after the site plan has been favorably reviewed by the zoning administrator.

(c)

Approval process.

(1)

Review and report by zoning administrator. Once the application is complete, the zoning administrator shall review the proposed development in light of the general plan, subject to the criteria enumerated in subsection (d) of this section, and give a report to the zoning board of adjustment on the date of the scheduled public hearing.

(2)

Zoning board of adjustment (ZBA) action.

a.

Notice. The zoning board of adjustment shall mail notice in accordance with Sec. 10-1(e).

b.

Public hearing.

1.

In conjunction with review of the special exception application, subject to the criteria enumerated in subsection (d) of this section, the zoning board of adjustment shall hold a public hearing and approve, approve with modifications or conditions, or disapprove the special exception application.

2.

It shall take a concurring vote of 75 percent of the members of the ZBA to approve or approve with modifications or corrections a special exception application.

c.

Recordation of action. One copy of an approved special exception permit shall be given to the owner of the property, and one copy shall be filed in the office of the zoning administrator.

(d)

Special exception review criteria. The zoning board of adjustment may approve an application for a special exception where it reasonably determines that there shall be no significant negative impact upon residents of surrounding property or upon the general public. The ZBA shall consider the following criteria in its review:

(1)

Consistent with zoning ordinance. The proposed exception shall be specifically listed as permitted by special exception in the zoning district under consideration. The proposed exception shall meet the purpose and intent of this Code and the use shall meet all the minimum standards established in this Code for this type of use.

(2)

Consistent with general plan. The proposed exception shall be consistent with the development policies and goals and objectives as embodied in the general plan.

(3)

Compatible with surrounding area. The required site plan shall ensure compatibility with existing land uses in the surrounding area. The proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property.

(4)

Harmonious with character and scale of surrounding area. The proposed site plan, circulation plan, and schematic architectural, signage, and landscaping designs shall be harmonious with the character of the surrounding area.

(5)

Impacts minimized. The likely impact on public infrastructure such as roads, parking facilities, water and wastewater systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to adequately service the proposed use shall be minimized without negatively impacting existing uses in the area and in the city.

(6)

Effect on natural environment. The potential creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or obnoxious impacts shall be minimized.

(e)

Additional conditions. The zoning board of adjustment may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this Code and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, additional landscaping, and additional improvements such as curbing, sidewalks and screening.

(f)

Appeal. Appeals of the zoning board of adjustment's decision must be made within ten days to the district court, county court, or county court at law in accordance with Texas Local Government Code.

(a)

Applicability. This section allows for the designation of areas or properties that are architecturally, archaeologically, culturally or historically significant to the city.

(b)

Approval process.

(1)

Proposal.

a.

The historic preservation commission, the city council, the planning and zoning commission, the zoning administrator, or owners of one or more parcels of land within an area may propose the designation of an H (Historic Overlay) district. If initiated by the property owner, the application shall be made upon forms or pursuant to standards set by the historic preservation commission for this purpose.

b.

The initial proposal shall include a rationale for the designation of the proposed district, related to the approval criteria and findings provided in subsection (c) of this section.

c.

Where practicable, the proposal itself shall include prospective regulations for the historic district or landmark and draft findings to be used by the historic preservation commission, the planning and zoning commission and the city council in approving the designation of the district. Where such regulations or findings are missing or incomplete in the proposal, they shall be added by the historic preservation commission, in consultation with the zoning administrator, and the proposal shall not be forwarded to the planning and zoning commission by the historic preservation commission until they have been added.

d.

The proposal for the designation of the historic district shall also include an accurate map or legal description of the area proposed for inclusion in the historic district.

(2)

Interim control. No building permit shall be issued by the city for alteration, construction, demolition, or removal of any property or structure within an area proposed for designation to the H (Historic Overlay) district from the date of the meeting of the historic preservation commission at which an application form is first presented until its final disposition by the city council unless such alterations, removal or demolition is authorized by formal action of the city council as necessary for preservation of the public health, welfare, or safety. In no event shall the delay be for more than 120 days.

(3)

Process.

a.

The procedure for designating an historic district or landmark and applying the H (Historic Overlay) district regulations to an area of the city shall be the same as for any other zoning map amendment, provided that if the proposal for application of the historic overlay district regulations did not originate with the historic preservation commission, the planning and zoning commission shall forward the proposal to the historic preservation commission for its review and comment prior to acting on it.

b.

The historic preservation commission shall conduct a public hearing and recommend to the planning and zoning commission one of the following actions:

1.

Approve the proposal to apply the H (Historic Overlay) district regulations to the proposed area;

2.

Disapprove the proposal; or

3.

Approve the proposal subject to specified conditions.

c.

The planning and zoning commission shall consider the proposal at its next regular meeting and forward its recommendation to the city council.

d.

In considering whether to apply the historic overlay district regulations to an area of the city, the planning and zoning commission and the city council shall give careful consideration to the recommendation of the historic preservation commission.

e.

The process outlined in subsections a. through d. above shall not apply for Recorded Texas Historic Landmarks and National Register Listed properties. Any Recorded Texas Historic Landmark or property Listed in the National Register of Historic Places annexed into the City shall be zoned with the H (Historic Overlay) district at original zoning.

(c)

Approval criteria. The following criteria shall be considered in determining whether the historic district should be applied to a structure, site or area of the city:

(1)

Character, interest or value of the structure, site or area because of its unique role in the development, heritage or cultural characteristics of the city, state or nation or other society.

(2)

Occurrence of a notable historical event at the structure, site or area.

(3)

Identification of the structure, site or area with a person or persons who contributed notably to the culture and development of the city, state, nation or society.

(4)

Embodiment of distinctive elements of architectural design, detail material or craftsmanship related to uniqueness to the area or the distinctiveness of a craftsman, master builder or architect, or a style or innovation.

(5)

Archaeological value in the sense that the structure, site or area has produced or can be expected to yield, based on physical evidence, information affecting knowledge of history or prehistory.

(6)

Other unique historical value.

(d)

H (Historic Overlay) district findings.

(1)

In recommending the application of the historic overlay district to an area of the city, the historic preservation commission shall recommend express findings to the city council regarding the specific structures, landscapes or other physical aspects of the district on which it bases the determination required by the criteria in subsection (c) of this section.

(2)

Where the designation is made based on the general character of the district or landmark, these findings may include, but shall not necessarily be limited to:

a.

Scale of buildings and structures typical of the area.

b.

Architectural style typical of the area.

c.

Architectural period typical of the area.

d.

Building materials typical of the area.

e.

Colors used in buildings typical of the area.

f.

Signage and street furniture typical of the area.

g.

Landscapes typical of the area.

h.

Typical relationships of buildings to the landscapes in the area.

i.

Typical relationships of buildings in the area to the street.

j.

Setbacks and other physical patterns of buildings in the area.

k.

Typical patterns of rooflines of buildings in the area.

l.

Typical patterns of porch and entrance treatments of buildings in the area.

(3)

Where the designation is made based on the character of a limited number of specific buildings in the area, the findings may include, but shall not necessarily be limited to:

a.

Architectural style of the buildings.

b.

Architectural period of the buildings.

c.

Textures of materials used in the buildings.

d.

Colors of the materials used in the buildings.

e.

Rooflines of the buildings.

f.

Porch and entrance treatments of the buildings.

g.

Height and mass of the buildings.

h.

Relative proportions of the buildings (width to height, width to depth).

(a)

Certificate of appropriateness for building permit, exterior modification or demolition.

(1)

Applicability. A certificate of appropriateness shall be required in the following circumstances before the commencement of development within or work upon any building or structure located within an H (Historic Overlay) district, or a building or structure that has been relocated pursuant to subsection (b).

a.

Whenever such work or development requires a building permit or certificate of zoning compliance issued by the city; or

b.

Whenever such work includes the erection, demolition, reconstruction, restoration or alteration of the exterior of any structure or site, except when such work satisfies all the requirements of ordinary maintenance and repair as defined in Sec. 1-50, Definitions.

(2)

Certificate of appropriateness required. No building permit shall be issued by the building official for any structure or site located within an H (Historic Overlay) district until the application for such permit has been reviewed by either the zoning administrator or the historic preservation commission (HPC), as appropriate, and a certificate of appropriateness has been approved.

(3)

Procedures.

a.

After an application for a certificate of appropriateness is submitted, the zoning administrator shall determine whether the application is eligible for administrative review or must be reviewed by the historic preservation commission.

b.

The zoning administrator may determine that the application is eligible for administrative review if it involves the following:

1.

Paint colors for the exterior of a structure including siding, trim, doors, steps, porches, railings, and window frames. This shall not include painting or otherwise coating previously unpainted masonry;

2.

The placement, screening, and impact of installation of roof-mounted, ground-mounted and other mechanical equipment of various types;

3.

The placement and design of screening treatments for trash and recycling receptacles;

4.

Fences to be installed in the rear and/or side yard;

5.

Ground lighting;

6.

Elements attached to a facade of any building, garage or carriage house including, but not limited to, door hardware, hinges, mailboxes, light fixtures, sign brackets, street address signage and historic interpretive signage;

7.

Replacing roofing materials or color on a flat roof that will not be visible from the ground or from immediately adjacent taller buildings;

8.

Gutters and downspouts;

9.

Installation or removal of landscaping, including trees;

10.

Accessibility ramps;

11.

Changes to awning fabric color for an existing awning;

12.

Landscape elements, including but not limited to, walks, paving, benches, outdoor furniture, planters, pools, trellises, arbors and gazebos;

13.

Installation of any elements required by other codes such as emergency lighting;

14.

Modifications that are considered nonpermanent such as, but not limited to, window films and temporary features to weatherize or stabilize a historic resource;

15.

Minor modifications to an existing certificate of appropriateness that still meets the intent of the original approval;

16.

Alterations to a building to secure it or prevent further damage after it sustains damage due to a natural cause such as storms or floods; or

17.

Renewal of an expired certificate of appropriateness.

c.

The zoning administrator shall endeavor to either deny or approve the application, with or without conditions, within ten business days of receipt of the completed application.

d.

If the zoning administrator:

1.

Denies the application;

2.

Approves the application with conditions; or

3.

Fails to act within ten business days; and

4.

The applicant submits a written notice of appeal;

the application shall be considered by the historic preservation commission. The notice of appeal must be submitted no later than 30 business days after the filing of the competed application.

e.

If the zoning administrator determines that the application is not eligible for administrative review, the application shall be reviewed by the historic preservation commission. In that event, the secretary to the historic preservation commission shall inform the applicant of the meeting date at which the application shall be considered. The applicant shall have the right to be heard and may be accompanied or represented by counsel and/or one or more construction or design professionals at the meeting.

f.

The zoning administrator shall review the application and make a recommendation to the historic preservation commission during the meeting at which the application shall be considered.

g.

After hearing the applicant and any other interested parties, and considering the recommendation from the zoning administrator, the historic preservation commission shall take one of the following actions:

1.

Approve the proposed work or development and issue a certificate of appropriateness.

2.

Approve the proposed work or development with conditions and issue a conditional certificate of appropriateness.

3.

Disapprove the certificate of appropriateness.

h.

In the case of the disapproval of a certificate of appropriateness by the historic preservation commission, the HPC shall state in writing the reasons for such disapproval and may include suggestions in regards to actions the applicant might take to secure the approval of the HPC concerning future issuance of a certificate of appropriateness.

(4)

Certificate.

a.

It shall be the responsibility of the zoning administrator to issue the actual certificate of appropriateness following approval by the zoning administrator or the HPC, with any designated conditions, and to maintain a copy of the certificate of appropriateness, together with the proposed plans. These shall be public documents for all purposes.

b.

Work performed pursuant to the issuance of a certificate of appropriateness shall conform to the requirements of such certificate. It shall be the duty of the building official to inspect from time to time any work performed pursuant to a certificate of appropriateness to assure such compliance. In the event that such work is not in compliance, the building official shall issue a stop work order and/or citation as prescribed by ordinance. The zoning administrator or the historic preservation commission, as appropriate, may request that the building official inspect the work and issue a stop work order.

(5)

Criteria. The zoning administrator or historic preservation commission shall determine whether to grant a certificate of appropriateness based on the following criteria:

a.

The effect of the proposed change upon the general historic, cultural and architectural nature of the site, landmark or district;

b.

The appropriateness of exterior architectural features, including parking and loading spaces, which can be seen from a public street, alley or walkway; and

c.

The general design, arrangement, texture, material and color of the building or structure and the relation of such factors to similar features of buildings or structures in the district, contrast or other relation of such factors to other landmarks built at or during the same period, as well as the uniqueness of such features, considering the remaining examples of architectural, historical and cultural values.

d.

Any and all applicable guidelines referenced below.

(6)

Guidelines. In all of its determinations of architectural appropriateness and historical integrity in the design and construction of buildings or signs in historic districts, the zoning administrator or historic preservation commission shall use the book entitled, "The Secretary of the Interior's Standards for the Treatment of Historic Properties: With Guidelines for Preserving, Rehabilitation, Restoring and Reconditioning", and the following criteria as guidelines:

a.

Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.

b.

The distinguishing original qualities or character of a building, structure, or site and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

c.

All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historic basis and which seek to create an earlier appearance shall be discouraged.

d.

Changes that may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

e.

Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site shall be treated with sensitivity.

f.

Weakened architectural features that are found in kind are to be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

g.

The surface clearing of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building material shall not be undertaken without approval from the historic preservation commission.

h.

Every reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any project.

i.

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material and when such design is compatible with the size, scale, color, material, a character of the property, neighborhood or environment. Wherever possible, new additions or alterations to a structure shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

(7)

Supplemental guidelines. The historic preservation commission may develop and the city council may approve such supplemental guidelines as it may find necessary to implement the regulations of a particular H (Historic Overlay) district or the findings applicable to the designation of a particular H (Historic Overlay) district. Such guidelines may include, but are not limited to the following:

a.

Charts or samples of acceptable materials for siding, foundations, roofs or other parts of buildings;

b.

Illustrations of appropriate architectural details;

c.

Specifications of appropriate relationships to streets, sidewalks, other structures and buildings;

d.

Illustrations of appropriate porch treatments or entrances; or

e.

Illustrations of appropriate signage or street furniture.

(8)

Certificate of appropriateness for demolition.

a.

Certificate required. No building or structure within any H (Historic Overlay) district shall be demolished or removed unless such demolition shall be approved by the historic preservation commission and a certificate of appropriateness for such demolition shall be granted.

b.

Procedure.

1.

The procedure for issuance of a certificate of appropriateness for demolition shall be the same as for the issuance of other certificates of appropriateness with the following modification.

2.

After the hearing, the historic preservation commission may approve the certificate of appropriateness, thereby authorizing the demolition, or the historic preservation commission may disapprove the certificate of appropriateness and postpone the demolition or removal for a period not to exceed 120 days. The purpose of such a postponement would be to allow the commission and any interested parties to explore alternatives to demolition.

c.

Supplemental demolition criteria. In determining whether to issue a certificate of appropriateness for demolition, the historic preservation commission, and, on appeal, the city council, shall consider the following criteria, in addition to the criteria specified in this section:

1.

The uniqueness of the structure as a representative type or style of architecture, historic association or other element of the original designation criteria applicable to such structure or tract.

2.

The condition of the structure from the standpoint of structural integrity and the extent of work necessary to stabilize the structure.

3.

The economically viable alternatives available to the demolition applicant, including:

i.

Donation of a part of the value of the subject structure or site to a public or nonprofit agency, including the conveyance of development rights and facade easement.

ii.

The possibility of sale of the structure or site, or any part thereof, to a prospective purchaser capable of preserving such structure or site.

iii.

The potential of such structure or site for renovation and its potential for continuing use.

iv.

The potential of the subject structure or site for rezoning in an effort to render such property more compatible with the physical potential of the structure. The ability of the subject structure or site to produce a reasonable economic return on investment for its owner; provided, however, that this factor shall not have exclusive control and effect, but shall be considered along with all other criteria contained in this section.

v.

Relocation of such structure in accordance with the procedures in subsection (b) below.

(9)

Appeals. Appeals of certificate of appropriateness decisions made by the historic preservation commission shall be made within 15 days to the city council.

(b)

Certificate of appropriateness for relocating historic buildings or structures.

(1)

Applicability. A certificate of appropriateness shall be required whenever any building or structure located within an H (Historic Overlay) district is proposed to be relocated.

(2)

Certificate of appropriateness required. No building permit shall be issued by the building official for the relocation of any historic building or structure until an application for such permit has been reviewed by the HPC, and a certificate of appropriateness has been approved.

(3)

Procedure. The procedure for issuance of a certificate of appropriateness for relocation shall be the same as set out above in subsection (a) for the issuance of other certificates of appropriateness with the following additions:

a.

If the historic building or structure is a recorded Texas historical landmark or listed on the National Register of Historic Places, the applicant shall be required to notify the appropriate party at the Texas Historical Commission and receive a response in writing, prior to submitting an application for the certificate of appropriateness.

b.

Documentation shall be provided to the HPC at the time of application for a certificate of appropriateness that provides the following information:

1.

Overview of the proposed relocation of the historic building or structure, including:

i.

Reasons for relocating the historic building or structure; and

ii.

Reasons for selection of destination site.

2.

Photographs, which document all aspects of the historic building or structure. Requirements for photographs shall be provided by the HPC. At a minimum, photographs provided by the applicant shall include the following:

i.

Each elevation of the building;

ii.

Street view;

iii.

All prominent architectural features; and

iv.

Any additional accessory buildings that have H (Historic Overlay) district zoning, showing how they relate to the principal structure.

3.

Site plan of historic building or structure in current location.

4.

Site plan of historic building or structure in new location.

5.

Within ten days of receipt of an application for a permit for relocation, the city shall post a sign showing notice of the application on the originating location and on the proposed destination location, for the purpose of notifying the public of the proposed relocation.

c.

Relocation criteria. In determining whether to issue a certificate of appropriateness for relocation, the HPC, and, if necessary, on appeal, the city council, shall consider the following criteria:

1.

The historic building or structure is imminently threatened by demolition.

2.

Reasonable alternatives to the proposed relocation have been examined. Alternatives may include, but are not limited to:

i.

Modification of the proposed project affecting the historic building or structure to avoid its impact on the historic building or structure.

ii.

Incorporation of the historic building or structure, in its entirety, into the proposed project.

3.

When relocated, the historic building or structure shall remain in the city.

4.

The structural condition of the historic building or structure has been examined so that it has been determined that the historic building or structure may be moved and that damage will be minimized. Stabilization of the historic building or structure prior to and/or during the move may be required.

5.

The new location for the historic building or structure has been determined to be compatible with the architectural aspects of the historic resource. Consideration shall include the review of all of the following:

i.

Size of the historic building or structure and the destination lot;

ii.

Massing;

iii.

Architectural style; and

iv.

Review of all adopted design guidelines by the HPC in determining compatibility.

6.

Other historic buildings or structures, which are not the principal structure on the site, but are historically associated with the principal structure, also should be relocated, if possible, and may be considered for relocation with the principal structure on the same certificate of appropriateness.

7.

Any historic building or structure relocated pursuant to this section shall be deemed a legal, nonconforming structure pursuant to Sec. 2-98 of this Code, and shall not be required to conform to any siting conditions at the new location. These siting conditions shall include, but are not limited to, setback requirements, structural alteration requirements such as enclosed parking requirements, and architectural requirements such as exterior finishes and orientation. The legal, nonconforming status shall apply only to the relocated structure and shall not apply to any zoning use restrictions applicable to the lot on which the historic building or structure is located.

d.

Additional requirements.

1.

The historic building or structure shall be secured from vandalism and other damage for the time that it remains vacant as a result of the relocation process.

2.

The applicant shall be required to display a plaque provided and paid for by the city which documents the historic building's original location, date of relocation, and reason for relocation.

3.

The city may apply the H (Historic Overlay) district zoning to the destination lot(s), by following the procedures for applying H (Historic Overlay) district zoning in Sec. 10-55 of this Code. If the historic building or structure is being moved into an already designated historic district, the H (Historic Overlay) district zoning shall remain and apply to the destination lot or lot(s).

4.

The applicant shall provide photographs of the relocated historic building or structure to the zoning administrator once relocation is complete.

5.

Information regarding the relocation shall be filed in the appropriate city and county records.

e.

Fee waivers. If a certificate of appropriateness for relocation has been approved by the HPC, all applicable moving and building permit fees shall be waived.

(4)

Appeals. Appeals of certificate of appropriateness decisions made by the historic preservation commission shall be made within 15 days to the city council.

(a)

Definition. As used in this section, the term "historic site" means any historically significant site within the city limits in need of tax relief to encourage its preservation.

(b)

Granting of exemptions. The city council shall, by ordinance, concurrent with the levy of taxes for each year, approve for partial exemption from ad valorem taxes certain historically significant sites in need of tax relief to encourage their preservation.

(c)

Partial exemptions. Historic sites approved for exemption by ordinance pursuant to the provisions of this subsection shall have an exemption of 75 percent of the assessed value of the structure and the land. These exemptions may be applied to both residential and commercial property.

(d)

Application. For each assessment year for which the owner of property designated a historic site desires such property to qualify to be partially tax exempt pursuant to provisions of this subsection, the owner shall file with the county tax appraisal district a sworn application, not later than April 1, setting forth the fact that all of the requirements of subsections (e), (f) and (g) of this section concerning the structure, the historic significance, and the preservation and maintenance of the subject structure were fully satisfied as of January 1 of the year for which application for exemption is being sought. Application forms are to be available at the city planning and development services department and at the county tax appraisal office. The application shall affirmatively set forth the owner's authorization for members of the historic preservation commission to visit and inspect the historic property, as well as examine the books and records as necessary, to certify whether or not the property qualified based upon the criteria of this section.

(e)

Manmade Structure. The property shall contain at least one manmade structure.

(f)

Historic significance. For a historic site to qualify as being historically significant, one of the following criteria must apply:

(1)

The structure is designated as historic by the National Park Service (National Register of Historic Places), the Texas Historical Commission (recorded Texas Historic Landmark), or the city H (Historic Overlay) district; or

(2)

The property has participated in the tax exemption program in any year prior to the adoption of this Code under the historic significance criteria previously included herein.

(g)

Preservation and maintenance. The following requirements shall be met for the city to determine that a historic site has been maintained in accordance with minimum property, structural and health standards:

(1)

Any well, cesspool or cistern shall be securely covered or closed;

(2)

Dead trees and tree limbs that are reasonably capable of causing injury to a person shall be removed;

(3)

Any structure or portion of a structure which is vacant shall be securely closed so as to prevent unauthorized entry;

(4)

Paint or other coatings shall be applied at reasonable intervals so as to protect the exterior surfaces of a structure which are subject to decay;

(5)

The exterior grounds shall be maintained free of excessive rubbish, garbage, junk or refuse;

(6)

Screens and shutters existing at the time of historic designation or added subsequent thereto shall be maintained in good repair;

(7)

Broken windows shall be replaced or re-glazed;

(8)

Exterior doors and doorways shall be maintained in good repair and operable condition;

(9)

Skirting around the structure, if any, shall be maintained in good repair;

(10)

Porch flooring and supports shall be maintained in a sound condition, capable of bearing an imposed load safely;

(11)

Railings and handrails of exterior stairs, steps, balconies, porches and other exterior features shall be maintained in a sound condition so as to afford safety;

(12)

Rotted exterior wood shall be replaced and repainted;

(13)

Broken or partially missing gutters or downspouts shall be replaced or repaired;

(14)

Loose bricks or stones in the exterior of a structure shall be re-established or replaced and all joints weatherproofed by proper maintenance of appropriate materials;

(15)

Fences and the exteriors of accessory buildings shall be maintained in reasonable repair, including painting if applicable; and

(16)

The property shall be kept in conformance with all city codes.

(h)

Tax assessment of historic sites and determination of the land reasonably necessary for access and use thereof. The city's historic preservation officer shall recommend that portion of land which is reasonably necessary for access to and use of those historic structures for which applications for exemptions are pending. All land in excess of that needed for access and use shall be taxed in the same equal and uniform manner as all other taxable properties in the city. The recommendation of the historic preservation officer shall be forwarded to the chief appraiser of the county tax appraisal district for review. The determination of the chief appraiser shall be final. The city's historic preservation commission shall take delivery from the county tax appraisal district office not later than May 1 of each year and prior to the levy of taxes for the current year all pending historic tax exemption applications. Applications received after that date will receive no further consideration. The applications shall have indicated thereon the assessed values of the historic structure and land necessary for access to and use thereof and the assessed value of the land determined to be in excess of that necessary for access to and use thereof.

(i)

Procedure before the historic preservation commission. Upon receipt of the sworn application, the historic preservation commission shall cause an inspection of the historic property to be made and may review the books and records as to whether or not the property meets the requirements of subsections (e), (f), and (g) as of that year and shall certify the facts to the city council not later than June 1, along with the commission's recommendation for approval or disapproval of the application for exemption. The historic preservation commission shall note on the application form any new construction or modification which has been accomplished in accordance with the restrictions placed on the structure by this division.

(j)

Procedure before the city council. Upon receipt of the recommendation of the historic preservation commission, the city council shall hold a public hearing concerning same, at which parties in interest and citizens shall have the opportunity to be heard. At least 15 days' prior notice of the time and place of such hearing shall be afforded the applicants by regular mail. The city council shall be at liberty to either: accept, reject, or take other action upon the recommendation of the historic preservation commission. The city council shall enact an ordinance no later than July 15th which names the properties qualified for the partial tax exemption.

(k)

Rendition and assessment of historic sites for ad valorem taxation. The provisions of this section pertaining to partial exemption of historic properties do not change the provisions of any other ordinance or section of the Code pertaining to taxation, and the applicant's properties shall be rendered and assessed in the same manner as any other property in the event the city council elects to disapprove the application for exemption.

(l)

Recapture of partial tax exemption.

(1)

This subsection does not apply to partial tax exemptions granted for 2015 and earlier.

(2)

In the event that the owner of an historic site demolishes an historic structure for which a partial tax emption has been granted during the previous five (5) calendar years, the owner shall pay to the city an amount of money equal to the value of all tax exemptions granted for the historic site during said previous five (5) calendar years.

(3)

The owner shall pay to the city the amount due under subsection (2) above within 30 days after the city makes demand for same. Amounts remaining unpaid after 30 days shall include interest thereon to be charged at the statutory rate for delinquent taxes as determined by V.T.C.A., Property Tax Code § 33.01.

(4)

The city shall have all remedies for the collection of the amounts due herein as provided generally in the Tax Code for the collection of delinquent taxes.

(Ord. No. O-2020-0013, § I, 1-9-2020)

(a)

Designation. The city manager shall designate the zoning administrator for the city. Where this Code assigns a responsibility, power, or duty to the zoning administrator, the zoning administrator may delegate that responsibility, power or duty to any other agent or employee of the city whom the zoning administrator may reasonably determine.

(b)

Powers and duties. The zoning administrator shall have the following powers and duties:

(1)

Administration.

a.

The zoning administrator shall administer the provisions of this Code.

b.

The zoning administrator shall develop and maintain submittal and application requirements for all procedures contained in this Code.

c.

The zoning administrator may delegate responsibilities, powers or duties to any other agent or employee of the city whom the zoning administrator reasonably determines.

(2)

Initial administrative review. The zoning administrator shall review requests or proposals for the following:

a.

Special exceptions.

b.

Variances

c.

Text amendments.

d.

Official zoning map amendments.

e.

Planned unit development (PUD) applications.

(3)

Certificate of zoning compliance. The zoning administrator shall issue certificates of zoning compliance.

(4)

Written interpretation. The zoning administrator shall make written interpretations of this Code.

(5)

Temporary use permit. The zoning administrator shall render decisions on applications for temporary use permits.

(6)

Enforcement. The zoning administrator shall enforce the provisions of this Code.

(7)

Administrative adjustment. The zoning administrator shall render decision on applications for administrative adjustments.

(c)

Other duties. The zoning administrator shall perform all other duties imposed under the provisions of the Code, as amended from time to time.

(a)

Creation. The city council shall provide for the appointment of a historic preservation commission (HPC) and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements for a historic preservation commission under state law.

(b)

Powers and duties. The HPC shall have the following powers and duties pursuant to the provisions of applicable statutory requirements for a historic preservation commission under state law:

(1)

Certificate of appropriateness. The HPC shall render decisions on applications for certificates of appropriateness.

(2)

Historic district or landmark designation. The HPC shall recommend designation of specified areas of the city as historic districts or landmarks.

(3)

Partial tax exemption for historic sites. The HPC shall review applications and make recommendations for action to the city council regarding partial tax exemptions for historic sites.

(4)

Certified local government requirements. Under the certified local government (CLG) agreement with the state historical commission, the HPC shall administer the requirements of the CLG program as promulgated by the national park service.

(5)

Renaming city facilities in honor of an individual. In accordance with the city's naming and renaming policy for city facilities, park lands or streets, the HPC shall review, research, and report on requests to name or rename such facilities in honor of an individual.

(6)

Honoring local citizens or groups. The HPC shall have the authority to adopt rules and procedures to create a "Local Legends Award" to honor local individuals, groups, businesses, locations and/or publications that have had a positive and lasting impact on the culture, development and history of the city.

(c)

Membership, terms and compensation.

(1)

Number, appointment. The HPC shall consist of seven regular members. Appointment of members shall be made by the city council at the first regular meeting of the city council in August. Members shall be residents of the city for the last 12 months and eligible voters.

(2)

Terms. Terms of members of the HPC shall be for two years, and shall expire on August 31; provided, however, that members shall continue to serve until their successors are appointed. Members shall not serve on the HPC for more than eight consecutive years.

(3)

Qualifications. In making appointments to the HPC, the council shall attempt to maintain a balance of interest and skills on the HPC by assessing the individual qualifications of the candidates, including but not limited to, their knowledge and demonstrated interest in preservation related fields such as architecture, history, archaeology, planning, or urban or community design. All members shall have a knowledge and demonstrated interest in historic preservation.

(4)

Current members. Members of the HPC on the effective date of the ordinance from which this chapter is derived shall continue to serve until their respective terms expire.

(5)

Vacancies. Vacancies shall be filled by the city council for the unexpired term of any member whose term becomes vacant.

(6)

Removal. Any member who misses three consecutive meetings shall forfeit the position and a replacement shall be appointed by the city council to fill the unexpired term. An HPC member shall serve at the will of the city council.

(7)

Compensation. Members shall serve without pay. Members may be reimbursed for actual expenses incurred in the performance of their duties from available funds approved in advance.

(d)

Procedures.

(1)

Chairperson and vice chair. The chairperson of the HPC shall be elected from the membership of the HPC by a majority of the members of the HPC. A vice chair to serve in the chairperson's absence shall be likewise elected.

(2)

Secretary. The zoning administrator shall designate a staff representative to act as secretary of the HPC and attend and keep minutes of all meetings. The secretary shall act only in an advisory capacity and shall participate in its discussions, but shall have no right to vote. The secretary of the HPC shall also serve as the local preservation officer and fulfill all the duties as may be required under the certified local government agreement with the Texas Historical Commission.

(3)

Regular posted meetings. The HPC shall meet at regular intervals with advance notice posted according to the Texas Open Meetings Act, V.T.C.A., Local Government Code ch. 551.

(4)

Special meetings. Special meetings may be called upon request of the chairperson of the HPC, or upon written request of three members, or upon notice from the zoning administrator that a matter requires the consideration of the HPC.

(5)

Hearing for certificate of appropriateness. Upon the filing of an application for a certificate of appropriateness in an historic district or historic landmark, the HPC shall hold a hearing to render a decision on the application.

(6)

Quorum. Four members shall constitute a quorum for transactions of business and no decision shall be rendered without a concurring vote of at least four members.

(7)

Robert's Rules of Order. The HPC shall follow Robert's Rules of Order.

(Ord. No. O-2019-0136, § I, 3-14-2019)

(a)

Creation. The city council shall provide for the appointment of a zoning board of adjustment (ZBA) and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements for a zoning board of adjustment under state law.

(b)

Powers and duties. The ZBA shall have the following powers and duties pursuant to the provisions of applicable statutory requirements for a zoning board of adjustment under state law:

(1)

Administrative appeals. The ZBA shall hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this Code.

(2)

Special exceptions. The ZBA shall hear and decide special exceptions to the terms of this Code.

(3)

Variances. The ZBA shall authorize in specific cases a variance from the terms of this Code if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this Code would result in unnecessary hardship, and so that the spirit of this Code is observed and substantial justice is done.

(4)

Decisions. The ZBA shall hear and decide other matters, as authorized by this Code.

(c)

Membership, terms and compensation.

(1)

Number, appointment. The ZBA shall consist of five regular members and two alternate members. Appointment of members shall be made by the city council at the first regular meeting of the city council in August. Members shall be residents of the city for the last 12 months and eligible voters.

(2)

Terms. Terms of the ZBA shall be for two years, and shall expire on August 31; provided, however, that members shall continue to serve until their successors are appointed. Members shall not serve on the ZBA for more than eight consecutive years.

(3)

Current members. Members of the existing development review board on the effective date of the ordinance from which this chapter is derived shall continue to serve on the ZBA until their respective terms expire.

(4)

Vacancies. Vacancies shall be filled by the city council for the unexpired term of any member whose term becomes vacant.

(5)

Removal. A ZBA member may be removed by the city council for cause, on a written charge, after a public hearing.

(6)

Compensation. Members shall serve without pay. Members may be reimbursed for actual expenses incurred in the performance of their duties from available funds approved in advance.

(d)

Procedures.

(1)

Officers. The chairperson of the zoning board of adjustment shall be elected from the membership of the ZBA by a majority of the members. A vice chair to serve in the chairperson's absence shall be likewise elected.

(2)

Meetings. Meetings may be called upon request of the chairperson of the ZBA, or upon written request of three members, or upon notice from the zoning administrator that a matter requires the consideration of the ZBA. The chairperson, or in his or her absence the vice chair, may administer oaths and compel the attendance of witnesses. All meetings of the ZBA shall be open to the public.

(3)

Quorum. Four members shall constitute a quorum for transaction of business and no decision shall be rendered without a concurring vote of at least four members.

(4)

Notice of meetings. Public notice of all meetings of the ZBA shall be posted according to the Texas Open Meetings Act.

(5)

Rules of proceeding. The zoning board of adjustment shall adopt its own rules of procedure, provided that such shall not be in conflict with laws applicable to the ZBA or any provisions of the City Charter.

(6)

Minutes. The ZBA shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the zoning administrator and shall be a public record.

(Ord. No. O-2019-0136, § I, 3-14-2019)

(a)

Creation. The city, as a home rule city, has by city Charter all the powers authorized by Texas Local Government Code, which are hereby adopted, which authorize the appointment of a P&Z, and which set out certain authority and responsibilities for such a P&Z.

(b)

Powers and duties. The P&Z shall have the following powers and duties pursuant to the provisions of applicable statutory requirements for a P&Z:

(1)

General plan. The P&Z shall prepare and modify the general plan for the city, for approval and adoption by the city council.

(2)

Text amendments. The P&Z shall review and make recommendations to the city council in regard to amendments to the text of this code.

(3)

Application for original zoning. The P&Z shall review and make recommendations to the city council in regard to applications for original zoning.

(4)

Zoning map amendments. The P&Z shall review and make recommendations to the city council in regard to amendments to the official zoning map.

(5)

Planned unit development (PUD). The P&Z shall review and make recommendations to the city council in regard to applications for planned unit developments.

(6)

Historic (H) overlay designation. The P&Z shall review and make recommendations to the city council in regard to applications for designation of Historic (H) overlay districts.

(7)

Other duties as assigned. The P&Z shall perform such other functions as may be duly delegated to them from time to time by the city council or the PDS director or as required by law.

(c)

Membership, terms and compensation.

(1)

Number, appointment. The P&Z shall consist of nine members. Appointment of members shall be made by the city council at the first regular meeting of the city council in August. Members shall be residents of the city for the last 12 months and eligible voters.

(2)

Terms. Terms of members of the P&Z shall be for two years, and shall expire on August 31; provided, however, that members shall continue to serve until their successors are appointed. Five members shall be appointed in even-numbered years and four members shall be appointed in odd-numbered years. Members shall not serve on the P&Z for more than eight consecutive years.

(3)

Current members. Members of the P&Z on the effective date of the ordinance from which this chapter is derived shall continue to serve until their respective terms expire.

(4)

Vacancies. Vacancies shall be filled by the city council for the unexpired term of any member whose term becomes vacant.

(5)

Removal. Any member who misses three consecutive meetings shall forfeit the position and a replacement shall be appointed by the city council to fill the unexpired term. A P&Z member shall serve at the will of the city council.

(6)

Compensation. Members shall serve without pay. Members may be reimbursed for actual expenses incurred in the performance of their duties from available funds approved in advance.

(d)

Procedures.

(1)

Officers. The chairperson of the P&Z shall be elected from the membership of the P&Z by a majority of the members. A vice chair to serve in the chairperson's absence shall be likewise elected.

(2)

Meetings. Meetings of the P&Z shall adopt and publish an annual calendar with corresponding submittal dates. The chairperson shall designate the time and place of such meetings. All meetings of the P&Z shall be open to the public. In addition to its regular meetings, meetings also may be called upon request of the chairperson of the P&Z, or upon written request of three members, or upon notice from the zoning administrator that a matter requires the consideration of the P&Z.

(3)

Quorum. A quorum shall consist of a majority of the entire membership of the P&Z and any issue to be voted on shall be resolved by a majority of those present.

(4)

Notice of meetings. Public notice of all meetings of the P&Z shall be posted according to the Texas Open Meetings Act.

(5)

Rules of proceeding. The P&Z shall adopt its own rules of procedure, provided that such shall not be in conflict with laws applicable to the P&Z or any provisions of the city Charter.

(6)

Minutes. The P&Z shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact.

(Ord. No. O-2019-0136, § I, 3-14-2019; Ord. No. O-2024-168, § XXI, 6-27-2024)

(a)

The city council shall have the following powers and duties as set forth in this code:

(1)

Appointments. The city council shall be responsible for appointing and removing members of the planning and zoning commission, zoning board of adjustment and historic preservation commission.

(2)

Certificate of appropriateness appeals. The city council shall hear and render decisions on appeals of the decision of the historic preservation commission on certificate of appropriateness applications.

(3)

General plan amendments. The city council shall hear and render decisions on proposed amendments to the general plan.

(4)

Text amendments. The city council shall hear and render decisions on proposed text amendments to this Code.

(5)

Application for original zoning. The city council shall hear and render decisions on applications for original zoning.

(6)

Zoning map amendments. The city council shall hear and render decisions on proposed amendments to the official zoning map.

(7)

Planned unit development (PUD) zoning adoption. The city council shall review, hear and render decisions on applications for planned unit development zoning.

(8)

Historic (H) overlay designation. The city council shall hear and render decisions on designations of historic (H) overlay districts.

(9)

Partial tax exemption for historic sites. The city council shall hear and render decisions on applications for partial tax exemptions for historically significant sites.

(a)

The following table summarizes the city procedural review structure by review body:

Key
Public hearing, with the exception of certain replats as described in Sec. 10-30(e).

(Ord. No. O-2019-0085, § I, 2-14-2019; Ord. No. O-2022-271, § VI, 8-25-2022; Ord. No. O-2024-168, § XXII, 6-27-2024)