This chapter describes the procedures for review and approval of all applications for development activity in the City of Rowlett, and within the extraterritorial jurisdiction as allowed. Common procedures, which are applicable to all or most types of development applications, are set forth in subchapter 77-803, Common procedures. Subsequent sections set forth additional provisions that are unique to each type of application, including timetables, staff and review board assignments, review standards, and other information.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

A.

Table 8.2-1 summarizes the review and decision-making responsibilities of the entities that have roles in the administration of the procedures set forth in this chapter. Other duties and responsibilities of the entities are set forth in the subsequent sections of this chapter.

B.

Even though not referenced in this chapter, other boards, commissions, government agencies, and non-governmental agencies may be asked to review some applications, including, but not limited to, rezonings, site plans, and plats.

C.

Appeals to the board of adjustment from adverse decisions of an administrative official shall be in writing, specifying the grounds of the appeal, and filed with the board within 20 days of the official's decision. Appeals to the city council, where such appeals are authorized, shall be in writing, specifying the grounds of the appeal, and filed with the council within 20 days of the planning and zoning commission's decision. On any appeal, unless otherwise provided by state law, the decision of the board or council, where appropriate, shall be final and binding.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 012-08, § 12, 4-1-2008; Ord. No. 019-08, § 5, 7-15-2008; Ord. No. 016-09, § 28, 6-2-2009; Ord. No. 009-17, § 1, 3-21-2017)

_____

A.

Applicability. The common procedures of this chapter shall apply to all applications for development activity under this Code unless otherwise stated.

B.

Pre-application conferences.

1.

Purpose. The purpose of a pre-application conference is to familiarize the applicant with the development review and approval process, and applicable provisions of this Code that are required to permit the proposed development.

2.

Applicability. A pre-application conference is encouraged prior to submittal of any major applications, including, but not limited to, annexations, rezonings, conditional use permits, subdivisions, and variances.

3.

Initiation and conduct of pre-application conference. Pre-application conferences should be initiated and conducted as set forth in the user's guide.

C.

Authority to file applications.

1.

Unless otherwise specified in this Code, applications for review and approval may be initiated by:

(a)

The owner of the property that is the subject of the application; or

(b)

The owner's authorized agent.

2.

When an authorized agent files an application under this Code on behalf of a property owner, the agent shall provide written documentation that the owner of the property has authorized the filing of the application.

D.

Application contents, submission schedule, and fees.

1.

Form of application. Applications required under this chapter shall be submitted in a form and in such number as required by the director of planning.

2.

Processing fees. Applications shall be accompanied by a required fee as set forth in the City of Rowlett Fee Ordinance.

3.

UDC user's guide. The director of planning shall compile the requirements for application contents, forms, fees, and the submission and review schedule in a user's guide, which shall be made available to the public. The user's guide may be updated from time to time.

4.

Waivers. The director of planning may waive certain submittal requirements in order to tailor the requirements to the information necessary to review a particular application. The director may waive such requirement where he or she finds that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development clearly, in his or her opinion, support such waiver.

E.

Verification of application completeness.

(a)

The director of planning shall only initiate the review and processing of any application submitted under this chapter if such application is complete. The director shall make a determination of application completeness. If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this Code. If an application is determined to be incomplete, the director shall provide notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected in a future re-submittal.

(b)

An application will be considered complete if it is submitted in the required form, includes all mandatory information, including all supporting materials specified in the user's guide, and is accompanied by the applicable fee.

(c)

Any supplemental technical reports and special studies that are submitted following the original application must be received at least 30 days prior to the first hearing to be held on the application. The city may postpone and reschedule a hearing or approval deadline if such reports and studies are submitted less than 30 days prior to a hearing. Copies of such additional materials shall be delivered to all reviewers who received the original application packet.

(d)

If any false or misleading information is submitted or supplied by an applicant on an application, that application will be deemed incomplete.

_____

F.

Notice.

1.

Content of notices. Notice of hearings required under this chapter shall, unless otherwise specified in this Code: (1) identify the date, time, and place of the hearing, (2) if applicable, describe the property involved in the application by street address, or by acreage and distance to the nearest cross street, or by legal description; (3) describe the nature, scope, and purpose of the proposed action; (4) indicate that interested parties may appear at the hearing and speak on the matter; and (5) indicate where additional information on the matter may be obtained.

2.

Summary of notice requirements. The following Table 8.3-1 summarizes the notice requirements of the procedures set forth in this chapter.

3.

Mailed notice.

(a)

Required mailed notice. When Table 8.3-1 requires that written notice be provided, the director of community development or designee shall deposit such notice into first class mail to property owners within 200 feet of the subject property before the tenth day before the hearing date of the planning and zoning commission or board of adjustment. Written notice shall be provided to all persons listed on the current records of the municipal tax assessor as owners of land subject to the application or as owners of the parcels within 200 feet of the outer boundary of the land subject to the application as the mailing addresses of such persons in the records of the municipal tax assessor. Due to the Super Majority rule under Chapter 211 of the Texas Local Government Code, responses received later than the publication of the City Council meeting agenda to consider and take action on the zoning matter shall not be counted in the record of response.

(b)

Courtesy mailed notice. When Table 8.3-1 requires that written notice be provided, the director of community development or designee shall deposit such notice into first class mail to property owners within 500 feet of the subject property, before the tenth day before the hearing date of the planning and zoning commission or board of adjustment. Written notice shall be provided to all persons listed on the current records of the municipal tax assessor as owners of land subject to the application or as owners of the parcels within 500 feet of the outer boundary of the land subject to the application as the mailing addresses of such persons in the records of the municipal tax assessor.

4.

Required published notice. When Table 8.3-1 requires that notice be published, the director of community development or designee shall cause a notice to be published in a newspaper of general circulation before the 15 ^th day before the date of scheduled meeting of the approving body.

5.

Posted notice.

(a)

Required posted notice. When Table 8.3-1 requires that notice be posted, the applicant shall place or caused to be placed on the subject property a sign ten days before the date of scheduled meeting of the planning and zoning commission, and the sign shall remain until after the final action has been taken on the application by the approving body

(b)

Responsibility for placement and removal of sign. The applicant is responsible for the fabrication and placement of the required sign on the subject property in accordance with the development guide. The sign shall be removed no more than three days after the action taken by the approving body upon the subject application.

(c)

Required affidavit. No less than ten days prior to the day of public hearing before the planning and zoning commission, the applicant shall submit to the director of community development or designee an affidavit signed by the applicant and/or the person who placed the required sign on the subject property affirming posted notice as set forth in this subsection was duly and correctly performed. The affidavit shall be completed using a form prepared and provided by the community development department and notarized. A digital photograph showing the required sign on the subject property with date stamp indicating the placement of the sign in compliance with this subsection shall accompany the affidavit. Should the required affidavit not be provided in conformance with this section, the consideration of the request will be postponed until the required affidavit is provided.

6.

Constructive notice.

(a)

Minor defects in any notice 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 under the Texas Local Government Code and this Code. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. Minor defects shall not include failure to meet the time specifications for all required notices or inaccuracy in specifying the time, date, and place of a public hearing. The director of community development or designee shall, upon request, make a formal finding as to whether there was substantial compliance with the notice requirements of this Code, and such finding shall be made available to the decision-making body prior to final action on the request.

(b)

When the records of the city document the publication, mailing, and posting of notices as required by this subsection, it shall be presumed that notice of a public hearing was given as required by this subsection.

G.

Concurrent processing. Where possible without creating an undue administrative burden on the city's decision-making bodies and staff, this Code intends to accommodate the simultaneous processing of applications for different permits and approvals that may be required for the same development project in order to expedite the overall review and approval process. Review and decision-making bodies considering applications submitted simultaneously shall render separate reports, recommendations, and decisions on each application based on the specific standards applicable to each approval.

1.

Examples of concurrent filing and processing of applications include, but are not limited to:

(a)

A development plan along with a conditional use permit;

(b)

A subdivision plat along with a development plan, or plat vacation;

(c)

A minor modification, waiver or deviation along with a conditional use permit or development plan; and

(d)

Advertisement of a city council meeting prior to receipt of the final report by the planning and zoning commission.

2.

Some forms of approval depend on the applicant having previously received another form of approval, or require the applicant to take particular action within some time period following the approval in order to avoid having the approval lapse. Therefore, even though this Code intends to accommodate simultaneous processing, applicants should note that each of the permits and approvals set forth in this Code has its own timing and review sequence.

3.

The expected time frame and approval process for a consolidated application shall follow the longest time frame and approval process required from among the joined application types. The actual time period for approval depends significantly upon the consultant's familiarity with the city's processes, and the completeness and accuracy of the plans submitted for review.

4.

The director of planning shall make determinations as to the applicability, need, or progress of an application in deciding whether to initiate concurrent processing.

H.

Conditions of approval. Some procedures set forth in this Code authorize the decision-making body to impose such conditions upon the premises benefited by the approval as may be necessary to reduce or minimize any potential adverse impact upon other property in the area, or to carry out the general purpose and intent of the comprehensive plan and this Code. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development and shall be roughly proportional in both extent and amount to the anticipated impacts of the proposed use or development. No conditions of approval, except for those attached to a waiver, deviation, variance or minor modification approvals, shall be less restrictive than the requirements of this Code.

I.

Effect of inaction on applications. When a review or decision-making body fails to take action on an application within the time required (which varies by type of application), such inaction shall be deemed a denial of the application, unless the decision-making body agrees to an extension of the time frame. After the passing of the required time period for a tabled application, and where the commission has made no decision on the application and where city council approval is required, the application shall be submitted to the city council. Inaction by the commission under these circumstances shall be deemed as a final report to the governing body as required under Chapter 211 of the Texas Local Government Code.

J.

Lapse of approval. The lapse of approval time frames established by the procedures of this Code may be extended only when all of the following conditions exist:

1.

The provisions of this Code must expressly allow the extension;

2.

An extension request must be filed prior to the applicable lapse-of-approval deadline;

3.

The extension request must be in writing and include justification; and

4.

Unless otherwise noted, authority to grant extensions of time shall rest with the decision-making body that granted the original approval (the one being extended).

K.

Payment of taxes, fees, or other obligations required.

1.

Payment of indebtedness required prior to hearings. No person who owes delinquent taxes, delinquent paving assessments or any other delinquent debts or obligations, and which are directly attributable to a piece of property or on which an applicant is requesting a hearing, public or otherwise, before the planning and zoning commission, board of adjustment, and/or the city council, shall be granted any such hearing until the taxes, assessments, debts, or obligations directly attributable to such property and owed by the owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the city manager has been made for the payment of such debts or obligations.

2.

Right to deny hearing. Regardless of the status of or indebtedness owed to the city, by the applicant or person requesting such hearing, the requested hearing shall be denied only under the provisions of this chapter if the indebtedness complained of appears to be directly attributable to the property which is to be the subject of the hearing.

3.

Misrepresentation of facts unlawful. It shall be unlawful for any person to knowingly or willfully misrepresent, or fail to include, any information required by this chapter on any application for annexation, zoning, development, improvement, or subdivision of property.

4.

Penalties. If any applicant for such hearing, or any owner of property subject to such hearing, shall allow such hearing before the planning and zoning commission, the city council and/or the board of adjustment to be heard in violation of any of the provisions of this chapter, such person shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a penalty as per chapter 77-1000 of this Code.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 019-08, § 6, 7-15-2008; Ord. No. 016-09, §§ 29—32, 6-2-2009; Ord. No. 022-14, § 9, 6-3-2014; Ord. No. 012-22, § 1, 5-3-2022)

A.

Purpose and scope. The city council may amend the text of this Code in accordance with the procedures set forth in this section. The purpose of text amendments is to make adjustments to text that are necessary in light of changed conditions or changes in public policy, or that are necessary to advance the public health, safety, morals, and general welfare of the city.

B.

Procedure.

1.

Filing of applications. Petitions for text amendments shall be filed by or filed with the director of planning in a form established by the director.

2.

Director review, report, and recommendation. The director of planning shall review each proposed text amendment in light of the approval criteria of subsection C below and distribute the request to other reviewers as deemed necessary. Based on the results of those reviews, the director shall provide a report to the city council during a work session or open session. The city council shall authorize or not authorize the planning and zoning commission to hold the necessary work sessions or take other such action, including public hearings if required under V.T.C.A., Local Government Code Chapter. 211.

3.

Planning and zoning commission review and report.

(a)

The planning and zoning commission shall hold a hearing on the proposed text amendment. Following the hearing, the planning and zoning commission shall make a final report to the city council.

(b)

The director shall draft an ordinance and shall submit an ordinance for consideration to the city council.

(c)

If no final report is made within 45 days of the planning and zoning commission's hearing, then the commission may request an extension of time from the city council. Such request shall be within the 45-day period. If no final report is made and no extension is granted, the city council may act on the proposed amendment without a recommendation from the planning and zoning commission. Failure of the planning and zoning commission to issue a final report to the city council as required under the Texas Local Government Code shall be interpreted as a final report.

4.

City council action. After reviewing the reports and recommendations of the director of planning and the final report from the planning and zoning commission, the city council shall vote to approve, approve with amendments, or deny the proposed amendment, based on the approval criteria of subsection C below. The city council also may refer the proposed amendment back to the planning and zoning commission or director for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days.

C.

Approval criteria. Recommendations or decisions on text amendments shall be based on consideration of all the following criteria:

1.

Whether the proposed amendment corrects an error or meets the challenge of some changing condition, trend, or fact;

2.

Whether the proposed amendment is consistent with the comprehensive plan and the stated purposes of this Code;

3.

Whether the proposed amendment will protect the health, safety, morals, and general welfare of the public;

4.

Whether the proposed amendment will result in significant mitigation of adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation; and

5.

Whether the proposed amendment will advance the goals of the city council.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

A.

Purpose and scope. The boundaries of any zoning district in the city may be changed, or the zone classification of any parcel of land may be changed, pursuant to this section. The purpose is not to relieve particular hardships, nor to confer special privileges or rights on any person, but only to make adjustments to the official zoning map that are necessary in light of changed conditions or changes in public policy, or that are necessary to advance the general welfare of the city. Rezonings should not be used as a way to legitimize nonconforming uses or structures, and should not be used when a waiver, deviation, variance or minor modification could be used to achieve the same result.

B.

Procedure.

1.

Initiation. A rezoning may be initiated by the owner of the property to be rezoned or their authorized agent, the city council, the planning and zoning commission, or by the director of any city department.

2.

Submission requirements.

(a)

Applicants for a rezoning shall submit the materials specified in the user's guide. Additional materials may be required for certain types of rezonings, as provided below.

(b)

The planning and zoning commission or the director of planning may require the submission of such other information as may be necessary to permit the informed exercise of judgment under the criteria for the review of a rezoning application, as set out in subsection C below. Such information shall be related to the scale and location of the rezoning application and may include, without limitation, traffic, soil, hydraulic, visual, aesthetic, water, and sewage analyses.

(c)

A rezoning application shall expire 180 days after submittal unless a public hearing on the application has been held by the city council on or before that date; provided, however, that the director of planning may extend the application for 180 days if the reason for the delay was due to circumstances beyond the control of the applicant.

(d)

A rezoning application, together with any required or submitted plans, shall expire after 60 days if the director of planning determines that the application has remained dormant during that period where no activity has occurred toward the completion and/or submittal of the application. At the discretion of the director, the applicant shall be notified that an application has remained dormant, and the applicant will have 30 days to bring the application to a conclusion. Following the 30 day period, and where no activity has occurred during that period, the director shall cause the application to become null and void. Any reactivity of the application will be treated as a new application.

3.

Public hearings. Published, written, and posted notice of public hearings on rezonings, and associated conditional use permits if applicable, shall be provided in accordance with subchapter 77-803F. In addition, the notice shall list the protest provisions set forth in subsection 7., below. The director of planning also shall mail a notice to all owners of the property within 200 feet to be reclassified, as shown in the current municipal assessor's records.

4.

Review and report by planning and zoning commission.

(a)

The planning and zoning commission shall hold a public hearing on the proposed rezoning and issue a final report to the city council. The commission may defer its report for not more than 30 days from the time it is posted on the agenda until it has had opportunity to consider other proposed changes that may have a direct bearing on the proposed rezoning.

(b)

In its review, the commission's recommendations shall be based on the following points:

(1)

Whether the proposed rezoning corrects an error or meets the challenge of some changing condition, trend, or fact;

(2)

Whether the proposed rezoning is consistent with the comprehensive plan and the purposes of this Code stated in subchapter 77-103, Purpose of this Code;

(3)

Whether the proposed rezoning will protect or enhance the health, safety, morals, or general welfare of the public;

(4)

Whether the municipality and other service providers will be able to provide sufficient transportation and utility facilities and services to the subject property, while maintaining sufficient levels of service to existing development;

(5)

Whether the proposed rezoning is likely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation;

(6)

Whether the proposed rezoning will have significant adverse impacts on other property in the vicinity of the subject tract;

(7)

The suitability of the subject property for the existing zoning classification and proposed zoning classification;

(8)

Whether there is determined to be an excessive proliferation of the use or similar uses;

(9)

Whether the proposed rezoning will ensure that future uses on the subject tract will be compatible in scale with uses on other properties in the vicinity of the subject tract; and

(10)

The supply of land in the economically relevant area that is in the use district to be applied by the rezoning or in similar use districts, in relation to the demand for that land.

(c)

The director shall forward the final report from the planning and zoning commission to the city council with an ordinance to amend the official zoning map in accordance with the recommendation.

5.

Action by city council. The city council shall hold a public hearing on the proposed rezoning and consider the recommendations of the director of planning and the planning and zoning commission, and within 90 days:

(a)

Approve the rezoning by ordinance;

(b)

Approve the rezoning by ordinance with modifications, waivers, or deviations;

(c)

Deny the rezoning; or

(d)

Refer the proposed rezoning back to the planning and zoning commission, to the director, to a committee of the city council, or to an ad hoc committee for further consideration.

6.

Findings of fact. Every decision for which a public hearing for a rezoning is required shall be based upon findings of fact, and every finding of fact shall be supported in the record of the proceedings. The approval criteria set forth in subsection C below are limitations on the power of the council and commission to act.

7.

Protests. Any owner of property subject to a proposed rezoning or affected by a proposed rezoning may protest the rezoning by filing a written protest with the director pursuant to this section within a time specified.

(a)

The protest shall object to the zoning map amendment, contain a legal description of the property on behalf of which the protest is made, and be signed by the owner of the property.

(b)

If protests in the form of opposition are received from property owners within 200 feet of the subject property, and the property owners own a combined minimum of 20 percent or more of the land area, approval by the city council shall only occur with a concurring vote of at least three-fourths of the full membership of the city council.

8.

Successive applications. Following denial of a rezoning request, no new application for the same or substantially the same rezoning shall be accepted within one year of the date of denial unless it is determined by the director that substantial changes are proposed that could affect the outcome of the approval.

C.

Approval criteria. Recommendations and decisions on rezonings shall be based on consideration of the following criteria:

1.

Whether the proposed rezoning corrects an error or meets the challenge of some changing condition, trend, or fact;

2.

Whether the proposed rezoning is consistent with the comprehensive plan and the purposes of this Code stated in subchapter 77-103, Purpose of this Code;

3.

Whether the proposed rezoning will protect or enhance the health, safety, morals, or general welfare of the public;

4.

Whether the municipality and other service providers will be able to provide sufficient transportation and utility facilities and services to the subject property, while maintaining sufficient levels of service to existing development;

5.

Whether the proposed rezoning is likely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation;

6.

Whether the proposed rezoning will have significant adverse impacts on other property in the vicinity of the subject tract;

7.

The suitability of the subject property for the existing zoning classification and proposed zoning classification;

8.

Whether there is determined to be an excessive proliferation of the use or similar uses;

9.

Whether the proposed rezoning will ensure that future uses on the subject tract will be compatible in scale with uses on other properties in the vicinity of the subject tract; and

10.

The supply of land in the economically relevant area that is in the use district to be applied by the rezoning or in similar use districts, in relation to the demand for that land.

D.

Rezoning to the Planned Development District.

1.

Applicability. The establishment of a planned development district shall follow the procedure for rezonings set forth in subsection B. above, except as modified in this subsection. A rezoning to the planned development district shall require a recommendation by the planning and zoning commission and approval by the city council of a concept plan.

2.

Concept plan required. The ordinance establishing the planned development district shall include a concept plan prepared in accordance with this section. The concept plan shall be submitted along with the application for rezoning.

3.

Concept plan contents.

(a)

A concept plan shall contain, at a minimum, the following information:

(1)

A list of uses to be allowed within the planned development district by right, and a list of uses to be allowed only with a conditional use permit;

(2)

A statement that development on the site will meet applicable standards of this Code;

(3)

As applicable, statements regarding lighting, glare, noise, hours of operation, dust, outdoor storage, outdoor display, and other such details that relate to the operation or function of the use(s) being proposed.

(b)

The director shall require sufficient detail in the concept plan that will provide an opportunity for the approving bodies to make informed decisions and evaluate compliance with the standards and intent of this Code.

4.

Written report. When a planned development rezoning is being considered, a written report from the director of planning discussing the impact on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, and traffic, may be submitted to the planning and zoning commission.

5.

Placement on official zoning map. All planned development districts approved in accordance with the provisions of this section in its original form, or by subsequent amendments thereto, shall be referenced on the zoning district map, and a list of such planned development districts, together with the category of uses permitted therein, shall be maintained as part of this Code.

6.

Commencement of development. Development in the approved planned development district shall commence within two years from the approval of the rezoning. If development has not commenced within two years, the director shall initiate a public hearing process to rezone the property back to its prior zoning classification, or in light of other conditions, to another zoning classification.

7.

Planned development districts adopted prior to this Code shall continue. Prior to adoption of this Code, the city council had established various planned development zoning districts, some of which are to be continued in full force and effect. The planned development ordinances or parts of ordinances approved prior to this chapter shall be carried forth in full force and effect and are the conditions, restrictions, regulations, and requirements that apply to the respective planned development districts shown on the zoning map at the date of adoption. If changes occur in site plans approved prior to adoption of this Code, then the changes shall be approved by the planning and zoning commission and city council.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 012-08, § 22, 4-1-2008; Ord. No. 016-09, §§ 33, 34, 6-2-2009)

A.

Purpose. The purpose of the plat review process is to ensure compliance with the subdivision standards and requirements set forth in subchapter 77-600, subdivision and land development, while encouraging quality development consistent with the comprehensive plan.

B.

General. The procedures of this section, and the standards and requirements set forth in subchapter 77-600, subdivision and land development, shall apply to all subdivisions or resubdivisions that result in the portioning, dividing, combining, or altering of any lot, parcel, or tract of land, including subdivisions or resubdivisions created by an exercise of the power of eminent domain by an agency of the state or city.

C.

Previously filed applications.

1.

Where an application was filed for review prior to January 1, 2017, the city regulations in effect prior to that date shall apply but the developer may elect to develop the property under these regulations. This election shall be made in writing at the time of application and shall be binding for the life of the project. The developer shall not be allowed to select provisions from both the regulations and the developer shall not be granted any waiver to this elective requirement.

D.

Preliminary platting procedures.

1.

Pre-application meeting. A pre-application meeting shall be held between the applicant and city staff prior to submission of a preliminary plat application for the purpose of advising the applicant as to the general restrictions, requirements, and other planning and engineering matters applicable to the plat. If an issue arises during the pre- application meeting that directly concerns a city department not represented, the appropriate city staff will be contacted.

2.

Generally.

a.

Prior to the filing of a preliminary plat, the developer shall meet with the city staff for a pre-application meeting.

b.

After the pre- application meeting, the developer shall file the required number of copies of the preliminary plat of the proposed subdivision with the city for submission to the planning and zoning commission, and include the required filing fees and tax certificates showing all taxes have been paid on the property being platted.

c.

The following notice shall be stamped on the face of each preliminary plat: "Preliminary Plat - for inspection purposes only and in no way official or approved for record purposes."

d.

Preliminary plats shall be distributed by city staff to city departments. The owner shall be provided an opportunity to attend a developer/city staff meeting for the purpose of notifying the developer of necessary corrections.

e.

The development services department shall accumulate the comments of the city departments, and conduct a developer/city staff meeting to report the comments and requested corrections to the developer. The developer shall be allowed to make comment or make required corrections and submit the corrected preliminary plat to the development services department for submission to the planning and zoning commission. The corrected preliminary plat shall be submitted within 30 days of the date the original preliminary plat was officially filed and prior to the meeting of the planning and zoning commission at which such preliminary plat is scheduled for consideration. Upon timely receipt, the director of development services shall submit the corrected preliminary plat to the planning and zoning commission.

f.

A written report shall be prepared by city staff and submitted to the planning and zoning commission stating the review comments of the preliminary plat noting any unresolved issues.

g.

Following review of the preliminary plat and other materials submitted in conformity with this chapter, the planning and zoning commission shall act on a preliminary plat, within 30 days after the date the preliminary plat is officially filed. The planning and zoning commission may either:

(1)

Approve the preliminary plat as presented;

(2)

Approve the preliminary plat with conditions; or

(3)

Disapprove the preliminary plat. If disapproved, the planning and zoning commission upon written request, shall state the reasons for disapproval. A conditional approval shall be considered a disapproval until the conditions have been satisfied.

h.

The actions of the planning and zoning commission shall be noted on the face of the preliminary plat. One copy shall be returned to the developer and the other retained in the files of the development services department.

i.

The planning and zoning commission shall, in its action on the preliminary plat, consider the physical arrangement of the subdivision and determine the adequacy of the street and thoroughfare rights-of-way and alignment and the compliance of the streets and thoroughfares with the major thoroughfare plan, the existing street pattern in the area and with any other applicable provisions of the zoning ordinance and comprehensive plan. The planning and zoning commission, based on city staff recommendations, shall also ascertain that adequate easements for proposed or future utility service and surface drainage are provided, and that the lot sizes and area comply with the zoning ordinance and are adequate to comply with the minimum requirements for the type of sanitary sewage disposal proposed. All on-site sewage disposal systems shall meet the minimum standards required by the City Code of Ordinances and the regulations of Dallas or Rockwall Counties and of the Texas Commission on Environmental Quality, or their successors.

j.

Approval of a preliminary plat by the planning and zoning commission is not approval of the final plat but is an expression of approval of the layout shown subject to satisfaction of specified conditions. The preliminary plat serves as a guide in the preparation of a final plat.

3.

Standards for approval. No preliminary plat shall be approved unless the following standards have been met:

a.

The preliminary plat conforms to the applicable zoning and all other requirements of this chapter and the City Code of Ordinances; and

b.

A tree survey / preservation plan has been approved in accordance with the regulations in the City Code of Ordinances.

4.

Data requirement. All preliminary plat applications shall include the following at the time of submittal:

a.

An approved drainage plan and study, including the 100-year floodplain, and any existing or proposed drainage easements affecting the plan;

b.

Preliminary water extension and layout plan;

c.

Preliminary sanitary sewer extension and layout plan;

d.

The number of copies, page sizes and specific data requirements shall be in accordance with application guidelines provided by the development services department.

5.

Effect of approval. Approval of a preliminary plat by the planning and zoning commission constitutes authorization for the property owner to submit engineering plans for review by the city engineer.

6.

Changes or alterations to approved preliminary plat. No previously approved preliminary plat may be changed or altered, except to bring the plat in conformance with the conditions and requirements stipulated by the planning and zoning commission and city council. Minor changes as outlined below shall be permitted at the discretion of the director of development services:

a.

The proposed internal street and/or circulation system and alignments may be altered if minor in nature. Changes to street classifications, connections to perimeter streets, or extensions to the subdivision's perimeter to un-subdivided property shall not be considered minor alterations.

b.

A net increase, not to exceed three percent of the total residential lots (rounded to the nearest whole number) in the overall lot yield of the approved preliminary plat may be made, except as elsewhere prohibited by these regulations.

c.

If the director of development services determines that the proposed changes are minor, a revised preliminary plat may be approved administratively. A revised preliminary plat shall include all property within the boundary of the original preliminary plat. A revision to a preliminary plat shall not affect the expiration date of the plat and shall carry the same expiration as outlined below.

7.

Expiration of preliminary plat approval.

a.

The approval of a preliminary plat expires 24 months after the date of planning and zoning commission approval unless a final plat is submitted and has received approval by the planning and zoning commission for the property within such period, or the period is extended by the planning and zoning commission in accordance with the extension and reinstatement guidelines contained herein.

b.

If the time period is not extended, or a final plat is not submitted and approved by the planning and zoning commission within the 24-month-period, the preliminary plat approval shall be null and void and the owner shall be required to submit a new plat for the property subject to the then existing zoning, subdivision and other regulations.

8.

Extension and reinstatement of expired preliminary plat.

a.

Sixty days prior to or following the lapse of approval for a preliminary plat as provided in these regulations, the owner may request the planning and zoning commission to extend or reinstate the approval.

b.

In determining whether to grant such request, the planning and zoning commission shall take into account the reasons for lapse, the ability of the owner to comply with any conditions attached to the original approval and the extent to which newly adopted zoning and subdivision regulations shall apply to the preliminary plat. The planning and zoning commission may extend or reinstate the preliminary plat or deny the request, in which instance the owner must submit a new preliminary plat application for approval.

c.

The planning and zoning commission may extend or reinstate the approval subject to additional conditions based upon newly enacted regulations such as are necessary to issue compliance with the original conditions of approval. The planning and zoning commission may also specify a shorter time for lapse of the extended or reinstated preliminary plat than is applicable to original preliminary plat approval.

9.

Waiver of requirement for preliminary plat.

a.

A preliminary plat is not required when a minor plat or conveyance plat is submitted in accordance with the requirements of this chapter.

b.

The director of development services may waive the requirement for a preliminary plat when:

(1)

The proposed subdivision will occur in only one logical manner because of the nature of the property; and/or

(2)

The subdivision does not propose a phased development.

E.

Final platting procedures.

1.

Generally.

a.

After approval of the preliminary plat by the planning and zoning commission and upon substantial completion of the required public improvements and issuance of a substantial completion letter from the city engineer to the developer or the provision of an improvement agreement as allowed herein, the owner shall submit a final plat for the property for approval.

b.

The final plat shall conform substantially to the approved preliminary plat and, if desired by the developer, may cover only a phase of the approved preliminary plat; provided, however, such phase conforms to all the requirements of this Code and the approved preliminary plat indicated the phasing of such development.

c.

The final plat shall be distributed to the city departments and other agencies for review and comment in the same manner as a preliminary plat.

d.

The development services department shall accumulate the comments of the city departments and agencies and conduct a developer/city staff conference to report the comments and requested corrections to the developer. The developer shall make comments or make the required corrections and submit the corrected final plat to the development services department for submission to the planning and zoning commission. The corrected final plat shall be submitted within 30 days of the date the original final plat was officially filed and prior to the meeting of the planning and zoning commission at which the original final plat is scheduled for consideration.

e.

The final plat shall be submitted to the planning and zoning commission at the next available meeting with any appropriate comments and recommendations by the development services department. The planning and zoning commission shall act on the final plat within 30 days after the official filing date. If no action is taken by the planning and zoning commission within such period, the final plat shall be deemed approved. A certificate showing the filing date and failure to take action thereon within the 30-day period shall on request be issued by the planning and zoning commission, which shall be sufficient in lieu of a written endorsement of approval. The planning and zoning commission shall be the final approval authority for final plats. The denial of approval of a final plat shall not be appealable to the city council.

f.

The planning and zoning commission shall consider the final plat, including all proposals by the owner with respect to the dedication of right-of-way for public use, the construction of utilities, streets, drainage and other improvements.

g.

The approval of the final plat by the planning and zoning commission shall authorize the planning and zoning commission chairperson to execute the certificate of approval on the final plat.

h.

The approved final plat shall then be filed of record in the plat records of the appropriate county clerk.

i.

Final plats disapproved by the planning and zoning commission shall be returned to the developer by the development services department.

j.

In the event a final plat is approved by the planning and zoning commission for a subdivision in phases, the final plat of each phase shall carry the same name throughout the entire subdivision, but bear a distinguishing letter, number or subtitle. Lot and block numbers shall run consecutively throughout the entire subdivision, even though such subdivision may be finally approved in phases.

2.

Standards for approval. No final plat shall be approved unless the following standards have been met:

a.

The final plat substantially conforms to the preliminary plat;

b.

The city engineer has issued a substantial completion letter indicating required public improvements have been substantially constructed, and/or an improvement agreement has been approved by the city for the subsequent completion of the public improvements;

c.

The final plat conforms to the applicable zoning and all other requirements of this chapter;

d.

Provisions have been made for adequate public facilities under the terms of this chapter; and

e.

All required fees have been paid.

3.

Data requirement.

a.

The subdivider shall submit to the development services department the necessary copies of the final plat and required supporting data prepared in accordance with the requirements set forth in the application guidelines provided by the development services department. All documents shall be signed and dated by the applicant or person preparing the plans.

b.

The final plat shall be prepared and signed by a registered professional land surveyor.

c.

A final plat shall not be determined to be complete if it does not conform to the requirements of this Code. A final plat shall be considered filed on the date the application is considered complete. All complete applications received on the next official submittal date as published in the user's guide.

d.

A notarized certification by a registered professional land surveyor, licensed by the State of Texas, placed on the plat as follows:

Surveyor's Certificate

THAT I, ___/___/___, do hereby certify, that I prepared this plat from an actual on the ground survey of the land as described and that the corner monuments shown thereon were properly placed under my personal supervision in accordance with the Platting Rules and Regulations of the City of Rowlett.

_______(SEAL)

_______, Notary

e.

A notarized certification by the owner(s) of record placed on the plat as follows:

That I/we, _______, Owners, do hereby bind themselves and their heirs, assignees and successors of title this plat designating the hereinabove described property as "_______", an addition to the City of Rowlett, and do hereby dedicate to the public use forever the streets, alleys, and right-of-way easements shown thereon, and do hereby reserve the easement strips shown on this plat for the mutual use and accommodation of garbage collection agencies and all public utilities desiring to use or using same. Any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths that in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems on any of these easements strips, and any public utility shall at all times have the right of ingress and egress to and from and upon the said easement strips for the purpose of constructing, reconstructing, inspecting, patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Rowlett, Texas.

Owner(s) _____

STATE OF TEXAS _____ §

COUNTY OF _____ §

Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared _______, Owners, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purpose and considerations therein expressed.

Given under my hand and seal of office, this _____ day of _______, 20_____

Notary Public in and for the State of Texas

4.

Execution and recordation.

a.

When an improvement agreement and security are required, the chairperson of the planning and zoning commission shall endorse approval on the final plat after the improvement agreement and security have been approved by the city attorney and all the conditions pertaining to the final plat have been satisfied. A final plat for which an improvement agreement has been approved shall contain the following notation on the final plat:

"This subdivision is subject to an improvement agreement pursuant to the City of Rowlett, Texas Subdivision Ordinance. All or some of the public infrastructure were not constructed and accepted by the City of Rowlett, Texas prior to approval of this final plat."

b.

When substantial completion of the public improvements is required prior to recordation of the final plat, the chairperson of the planning and zoning commission shall endorse approval on the final plat after all conditions of approval have been satisfied and all public improvements are substantially completed as provided for a written substantial completion letter by the city engineer. There shall be written evidence that the required public improvements have been substantially completed and have been completed in a manner satisfactory to the city as shown by a letter signed by the city engineer stating that the necessary dedication of public lands and substantial completion of public improvements have been accomplished.

c.

The property owner shall be responsible for filing the final plat with the appropriate county clerk. Simultaneously with the filing of the final plat, the property owner shall record such other agreements of dedication and legal documents as shall be required to be recorded by the planning and zoning commission and the city attorney. The final plat, bearing all required signatures, shall be recorded after final approval and within five working days of its receipt. One copy of the recorded final plat, with street addresses assigned, will be forwarded to the owner by the city staff.

d.

Approval of a final plat shall certify compliance with the regulations of the City of Rowlett pertaining to the subdivision. An approved and signed final plat may be filed with the appropriate county clerk as a record of the Subdivision and may be used to reference lots and interests in property thereon defined for the purpose of conveyance and development as allowed by these regulations.

5.

Expiration of final plat approval.

a.

If public improvements for a subdivision have not been constructed and accepted by the city and the corresponding final plat for said subdivision has not been filed in the appropriate county plat records within two years after the date of final plat approval by the planning and zoning commission, said final plat shall be null and void and shall conclusively be deemed to be withdrawn without further action by the city. This provision shall not apply to final plats approved by the city prior to the effective date of this section.

b.

Final plats approved prior to the effective date of this section shall become null and void and shall be conclusively deemed to be withdrawn without further action by the city on January 1, 2019, if the public improvements for the subdivision have not been constructed and accepted by the city and the corresponding final plat for said subdivision filed in the appropriate county plat records.

c.

An approved, unexpired final plat may be extended once by the planning and zoning commission upon written request, for a period not to exceed 12 months provided:

(1)

Good cause is shown by the developer; and

(2)

There has been no significant change in development conditions affecting the subdivision; and

(3)

The final plat continues to comply with all applicable, regulations, standards and this chapter.

F.

Vacating plats, replats and amending plats.

1.

Vacating plats.

a.

The owners of the tract covered by a plat may vacate the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat.

b.

If lots 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.

c.

The planning and zoning commission shall disapprove any vacating instrument which abridges or destroys public rights in any of the public uses, improvements, streets or alleys.

d.

Upon approval and recording with the appropriate county clerk, the vacated plat has no effect.

2.

Re-platting without vacating preceding plat.

a.

A re-plat of a subdivision or part of a subdivision may be recorded and is controlled over the preceding plat without vacation of that plat if the replat:

(1)

Is signed and acknowledged by only the owners of the property being platted;

(2)

Does not attempt to amend or remove any covenants or restrictions; and

(3)

Is approved, after a public hearing on the matter, by the planning and zoning commission.

b.

An application for a replat shall follow the same procedure required for preliminary and final plats.

3.

Additional requirements for certain replats.

a.

In addition to compliance with final platting procedures in this Code, a replat without vacation of the preceding plat must conform to the requirements of this section if:

(1)

During the preceding five years any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot; or

(2)

Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot.

b.

Notice of the public hearing as required by this Code shall be given before the 15th day before the date of the public hearing by:

(1)

Publication in the official newspaper; and

(2)

By written notice, with a copy of Texas Local Government Code Section 212.015(c) attached, forwarded to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted as indicated on the most recently approved city tax rolls of the property upon which the replat is requested.

c.

If the proposed re-plat requires a waiver and is protested in accordance with this subsection, the proposed re-plat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present at the meeting of the planning and zoning commission. For a legal protest, written instruments signed by owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed re-plat and extending 200 feet from that area, but within the original subdivision, must be filed with the planning and zoning commission prior to the close of the public hearing.

d.

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

e.

Compliance with section 77-806.F.3.c and 77-806.F.3.d is not required for approval of a replat of part of a preceding plat if the area to be re-platted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.

4.

Administrative approval of certain amending plats, minor plats and re-plats.

a.

The director of development services is authorized to approve the following:

(1)

Amending plats described by Section 212.016 Texas Local Government Code;

(2)

Minor plats involving four or fewer lots fronting an existing street and not requiring the creation of any new street or extension of municipal facilities; and

(3)

A replat under Section 212.0145 Tex. Loc. Gov't Code that does not require the creation of any new street or the extension of municipal facilities.

b.

The director of development services may for any reason elect to present an amending plat, minor plat or re-plat meeting the requirements of this section to the planning and zoning commission for approval.

c.

Any amending plat, minor plat or re-plat meeting the requirements of this section which the director of development services fails or refuses to approve shall be submitted to the planning and zoning commission for approval.

G.

Conveyance plats.

1.

General. A conveyance plat is a boundary survey drawn as a plat. Easements, dedications and reservations may be recorded on a conveyance plat. Engineering plans are not required to process a conveyance plat, unless the developer plans to construct limited improvements on the property. Development fees are not collected at the time of conveyance plat approval.

2.

Purpose. The purpose of a conveyance plat is to subdivide land and to provide for recordation of same, for the purpose of conveying (i.e., selling) the property without developing it. A conveyance plat may be used to convey the property or interests therein; however, a conveyance plat does not constitute approval for any type of development on the property. A conveyance plat is an interim step in the subdivision and development of land.

3.

Applicability. A conveyance plat may be used in lieu of a final plat to record the subdivision of property in the following instances:

a.

To record the remainder of a parent tract that is larger than five acres, and that is created by the record platting of a portion of the parent tract, provided that the remainder is not intended for immediate development; or

b.

To record the subdivision of a property into parcels, five acres or smaller in area, that are not intended for immediate development, provided that each parcel has direct access to all required public improvements (water, sanitary sewer, storm sewer) via dedicated easements or direct adjacency to existing infrastructure, each parcel has frontage on an existing public right-of-way, and each parcel has frontage on an existing public right-of-way, and the proposed lot meets the minimum lot dimension requirements as stipulated in this Code.

4.

Certification. The conveyance plat shall contain a certification note on the plat face, as follows:

"This conveyance plat shall not convey any rights to development or guarantee of public utilities, public or private access, or issuance of addressing and permits, without compliance with all subdivision rules and regulations and the approval and recording of a final plat. A conveyance plat is filed for record in the appropriate county clerk office upon administrative approval by the director of development services."

H.

Completion and maintenance of public improvements.

1.

Construction plan procedure.

a.

General application requirement. Construction plans shall be prepared by or under the supervision of a professional engineer or architect registered in the State of Texas as required by state law governing such professions. Plans submitted for review by the city shall be dated and bear the responsible engineer's or architect's name, serial number and the designation of "engineer," "professional engineer" or "P.E." or "architect" and an appropriate stamp or statement near the engineer's or architect's identification, stating that the documents are for preliminary review and are not intended for construction. Final plans acceptable to the city shall bear the seal and signature of the engineer or architect and the date signed on all sheets of the plans. Public works construction in streets, alleys or easements which will be maintained by the city shall be designed by a professional engineer registered in the State of Texas.

b.

Construction plan review procedure. Copies of the construction plans, including a copy of the approved preliminary plat and payment for the construction plan review fee shall be submitted to the city engineer for final approval. The plans shall contain all necessary information for construction of the project, including screening walls and other special features. All materials specified shall conform to the standard specifications and standard construction details of the city. Each sheet of the plans shall contain a title block including space for the notation of revisions. This space is to be completed with each revision to the plan sheet and shall clearly note the nature of the revision and the date the revision was made. The city engineer will release the plans for construction, after payment of all inspection fees and a pre-construction conference is held. Upon such release, each contractor shall maintain one set of plans stamped with city release at the project site at all times during construction.

c.

Failure to commence construction. If commencement of construction has not occurred within one year after approval of the plans, resubmittal of plans may be required by the city engineer for meeting current standards and engineering requirements. For purposes of this section "commencement of construction" shall mean:

(1)

Issuance of construction permit(s); and

(2)

Grading of the land.

2.

Improvement agreements.

a.

Substantial completion of improvements. Except as provided below, before the final plat is approved by the planning and zoning commission or the director of development services, all applicants shall be required to make substantially complete, in accordance with the city's direction and to the satisfaction of the city engineer, all street, sanitary and other public improvements, including lot improvements on the individual residential lots of the subdivision as required in these regulations and specified in the final plat, and to dedicate those public improvements to the city. As used in this section, "lot improvements" refers to grading and installation of improvements required for proper drainage and prevention of soil erosion.

b.

Agreement. The city council, considering the recommendation of the planning and zoning commission, may waive the requirement that the applicant complete and dedicate all public improvements prior to approval of the final plat, and may permit the owner to enter into an improvement agreement by which the owner covenants to complete all required public improvements no later than two years following the date on which the final plat is signed. The city council may also require the owner to complete and dedicate some required public improvements prior to approval of the final plat and to enter into an improvement agreement for completion of the remainder of the required improvements during such two-year period. The improvement agreement shall contain such other terms and conditions as are agreed to by the owner and the city.

c.

Improvement agreement required for oversize reimbursement. The city shall require an improvement agreement pertaining to any public improvement for which the developer shall request reimbursement from the city for oversize costs.

d.

Security. The improvement agreement shall require the owner to provide sufficient security covering the completion of the public improvements. The security shall be in the form of cash escrow or, where authorized by the city, a letter of credit or other security acceptable to the city attorney. Security shall be in an amount equal to 100 percent of the city's estimated cost of completion of the required public improvements and lot improvements. In addition to all other security, for completion of those public improvements where the city participates in the cost, the owner shall provide a performance bond from the contractor, with the city as a co-obligee. The issuer of any surety bond and letter of credit shall be subject to the approval of the city attorney.

e.

Letter of credit. If the planning and zoning commission authorizes the owner to post a letter of credit as security for its promises contained in the improvement agreement, the letter of credit shall:

(1)

Be irrevocable;

(2)

Be for a term sufficient to cover the completion, maintenance and warranty periods but in no event less than two years; and

(3)

Require only that the city present the issuer with a sight draft and a certificate signed by an authorized representative of the city certifying to the city's right to draw funds under the letter of credit.

f.

Letter of credit reductions. As portions of the public improvements are completed, the developer may make application to the city engineer to reduce the amount of the original letter of credit.

(1)

The city engineer, if satisfied that such portion of the improvements has been completed in accordance with city construction standards, may cause the amount of the letter of credit to be reduced by such amount deemed appropriate, so that the remaining amount of the letter of credit adequately insures the completion of the remaining public improvements.

(2)

Upon the dedication of and acceptance by the city of all required public improvements, the city shall authorize a reduction in the security to ten percent of the original amount of the security if the owner is not in breach of the improvement agreement. The remaining security shall be security for the owner's covenant to maintain the required public improvements and the warrant that the improvements are free from defect for two years thereafter.

g.

Temporary improvements. The owner shall build and pay for all costs of temporary improvements required by the planning and zoning commission and shall maintain those temporary improvements for the period specified by the planning and zoning commission. Prior to construction of any temporary improvement, the owner shall file with the city a separate improvement agreement and escrow, or where authorized, a letter of credit, in an appropriate amount for such temporary improvements, which improvement agreement and escrow or letter of credit shall ensure that the temporary improvements will be properly constructed, maintained, and removed.

h.

Units of government. Governmental units may file, in lieu of the contract and security, a certified resolution or ordinance agreeing to comply with the provisions of this section.

i.

Failure to complete improvements. For plats for which no improvement agreement has been executed and no security has been posted, if the public improvements are not completed within the period specified by the city, the preliminary plat approval shall be deemed to have expired. In those cases where an improvement agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the agreement, the city may:

(1)

Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the improvement agreement is declared to be in default;

(2)

Suspend final plat approval until the public improvements are completed and record a document to that effect for the purpose of public notice;

(3)

Obtain funds under the security and complete or cause the public improvements to be completed;

(4)

Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which public improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete the public improvements in the subdivision; and

(5)

Exercise any other rights available under the law.

j.

Acceptance of dedication offers. Acceptance of formal offers of dedication of street, public areas, easements, and parks shall be by authorization of the city engineer. The approval by the planning and zoning commission of a plat, whether preliminary or final, shall not in and of itself be deemed to constitute or imply the acceptance by the city of any street, easement, or park shown on plat. The planning and zoning commission may require the plat to be endorsed with appropriate notes to this effect.

k.

Maintenance of public improvements. The owner shall maintain all required public improvements for a period of two years following the acceptance by the city and shall provide a warranty that all public improvements shall be free from defect for a period of two years following such acceptance by the city.

3.

Construction procedures.

a.

Permit required. A permit is required from the city prior to commencement of any subdivision development work in the city which affects erosion control, vegetation or tree removal or a floodplain.

b.

Preconstruction conference. The city engineer may require that all contractors participating in the construction meet for a preconstruction conference to discuss the project prior to release of a permit.

c.

Conditions prior to authorization. Prior to authorizing release of a construction permit, the city engineer shall be satisfied that the following conditions have been met:

(1)

The preliminary plat shall be approved by the planning and zoning commission;

(2)

All required contract documents shall be completed and filed with the city engineer;

(3)

All necessary off-site easements or dedications required for city infrastructure and not shown on the final plat must be conveyed solely to the city, with proper signatures affixed. The original of the documents shall be returned to the engineering department prior to approval and release of the engineering plans and issuance of a permit;

(4)

All contractors participating in the construction shall be provided, at the developer's cost, with a set of approved plans bearing the stamp of release of the engineering department. One set of these plans shall remain on the job site at all times;

(5)

A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the city engineer at least 24 hours prior to the preconstruction meeting; and

(6)

All applicable fees must be paid to the city.

4.

Inspection of public improvements.

a.

General procedure. Construction inspection shall be supervised by the city engineer. Construction shall be in accordance with the approved plans, the standard specifications, and the standard construction details of the city. Any change in design required during construction should be made by the engineer whose seal and signature are shown on the plans. Another engineer may make revisions to the original engineering plans if so authorized by the owner of the plans and if those revisions are noted on the plans or documents, provided such revisions are permitted by the Texas Engineering Practice Act. All revisions shall be approved by the city engineer. If the city engineer's inspection finds that any of the required public improvements have not been constructed in accordance with the city's standard construction details and standard specifications, the owner shall be responsible for completing and/or correcting the public improvements.

b.

Certificate of satisfactory completion. The city will not accept dedication of required public improvements until the applicant's engineer or surveyor has certified to the city engineer, through submission of record drawings, indicating location, dimensions, materials, and other information required by the planning and zoning commission or city engineer that all required public improvements have been completed. The record drawings shall also include a complete set of drawings of the paving, drainage, water, sanitary sewer or other public improvements, showing that the layout of the line and grade of all public improvements is in accordance with construction plans for the plat, and all changes made in the plans during construction and containing on each sheet a record drawing stamp bearing the signature of the engineer and the date. The engineer or surveyor shall also furnish a paper copy of the final plat and engineering plans along with digital copies of the plans in portable document format ("PDF") and computer assisted design drawings ("CADD"), in such a format that is compatible with the city's CADD system. The developer shall provide a maintenance bond executed by a corporate surety duly authorized to do business in the State of Texas, payable to the city and approved by the city as to form, to guarantee the maintenance of the construction for a period of two years after its completion and acceptance by the city. In lieu of a maintenance bond the developer may submit either an irrevocable letter of credit payable to the city and approved by the city as to form, or a cash bond payable to the city and approved as to form. The amount of the maintenance bond, letter of credit or cash bond shall be at least ten percent of the full cost of the infrastructure in the subdivision, as determined by the construction costs. When such requirements have been met the city engineer shall thereafter accept the public improvements.

c.

Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the city for use and maintenance.

d.

Upon acceptance of the required public improvements, the city engineer shall submit a certificate to the developer stating that all required public improvements have been satisfactorily completed.

5.

Deferral of required improvements.

a.

The planning and zoning commission may upon petition of the owner defer at the time of final approval, subject to appropriate conditions, the provision of any or all public improvements are not required in the interests of the public health, safety and general welfare.

b.

Whenever a petition to defer the construction of any public improvement required under these regulations is granted by the planning and zoning commission, the owner shall deposit in escrow the developer's share of the costs of the future public improvements with the city prior to approval of the final plat, or the owner may execute a separate improvement agreement secured by a cash escrow or, where authorized, a letter of credit guaranteeing completion of the deferred public improvements upon demand of the city.

6.

Issuance of building permits and certificates of occupancy. No building permit shall be issued for a lot or building site unless the lot or site has been officially recorded by a final plat approved by the City of Rowlett, and all public improvements as required for final plat approval have been completed, except as permitted below:

a.

Building permits may be issued for nonresidential and multi-family (apartments) development provided that a preliminary plat is approved by the city and civil construction plans have been released by the city engineer. Building construction will not be allowed to surpass the construction of fire protection improvements.

b.

The city engineer may authorize residential building permits for a portion of a subdivision, provided that a preliminary plat has been approved and all public improvements have been completed for that portion of the development, including but not limited to those required for fire and emergency protection. Notwithstanding, no lot may be sold or title conveyed until a final plat approved by the city has been recorded.

c.

No certificate of occupancy shall be issued for a building or the use of property unless all subdivision improvements have been completed and a final plat approved by the city has been recorded. Notwithstanding the above, the city building official may authorize the occupancy of a structure provided that an agreement providing cash escrow, a letter of credit, or other sufficient surety is approved by the city for the completion of all remaining public improvements.

7.

Utility connections. Utility connections for individual lots are not authorized until a final plat has been approved in accordance with this chapter.

8.

Withholding improvements.

a.

The city hereby defines its policy to be that the city will withhold all city improvements of whatsoever nature, including the maintenance of streets and the furnishing of sewage facilities and water service from all additions which have not been constructed and approved in accordance with this chapter.

b.

The City of Rowlett may withhold the issuing of a street number or building permit for the erection of any building in the City of Rowlett on a newly subdivided parcel of land until all the requirements of these subdivision regulations have been complied with, including installation of and acceptance by the city of all water works, sewage and paving improvements for the area designated.

9.

As-built plans.

a.

The developer or his engineer shall present the city with one digital copy and three black line complete "as built" sets of plans for all paving, drainage structures, water mains and sewer mains before final acceptance of the new developments. Digital copies requested shall be in conformance with those requirements established in the user manual.

I.

Subdivision variance.

1.

General. Where the commission finds that unreasonable hardships or difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured; provided that the variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:

a.

The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;

b.

The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; and

c.

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out.

(Ord. No. 009-17, § 2, 3-21-2017)

Editor's note— Ord. No. 009-17, § 2, adopted March 21, 2017, repealed § 77-806 and enacted a new section as set out herein. The former § 77-806 pertained to similar subject matter and derived from Ord. No. 025-06, § 1(Exh. A), adopted June 6, 2006; and Ord. No. 016-09, §§ 35, 36, adopted June 2, 2009.

Editor's note— Ord. No. 013-13, § 16, adopted May 21, 2013, repealed § 77-807, which pertained to conditional use permit and derived from Ord. No. 025-06, § 1(Exh. A), adopted June 6, 2006; Ord. No. 019-08, § 7, adopted July 15, 2008; Ord. No. 016-09, § 37, adopted June 2, 2009; Ord. No. 015-11, § 2, adopted July 5, 2011.

A.

Purpose. The purpose of the development plan review process is to ensure compliance with the development and design standards and provisions of this Code, and to encourage quality development reflective of the goals, policies, and objectives of the comprehensive plan. For land uses requiring a development plan review, such uses may be established in the city, and building permits may be issued, only after a development plan showing the proposed development has been approved in accordance with the procedures and requirements of this section.

B.

Development plan contents.

1.

For purposes of this section, the term "development plan" shall consist of the following four components, as determined applicable by the director of planning:

(a)

Site plan;

(b)

Landscape plan;

(c)

Tree survey and preservation plan; and

(d)

Facade plan.

Each of these components shall be reviewed and approved in accordance with the procedural requirements set forth in this section.

2.

The director of planning may not require a tree survey/preservation plan if:

(a)

The development of the site will have no obvious impact upon any trees on the site, or

(b)

No trees exist on the site.

3.

The director of planning may not require a facade plan if the facade of an existing structure meets masonry construction and design standards of this Code.

C.

Administrative development plan review.

1.

Applicability. The following types of projects may be approved by the director of planning using the administrative development plan approval process:

(a)

A single use proposed in a structure that is less than 25,000 square feet in building size for that use, not including a single-family detached or two-family dwelling.

(b)

A combination of uses proposed in a single structure, such as a shopping center, that is less than 25,000 square feet in building size, not including a single-family detached or two-family dwelling.

(c)

Multiple buildings proposed where the combined total of all structures will not exceed 25,000 square feet in building size, not including a single-family detached or two-family dwelling.

2.

Procedure.

(a)

Submission and review of application. An administrative development plan review application shall contain the information specified in the user's guide and shall be submitted to the director of planning.

(b)

Action by director. The director of planning shall review each administrative development plan application in light of the approval criteria below and, as deemed necessary, distribute the application to other reviewers. Based on the results of those reviews, the director shall take final action on the application and approve, approve with conditions, or deny the application based on the criteria below. The director's review and decision, including referral to other agencies and bodies, shall be completed within 30 days of receipt of a complete application.

(c)

Referral to planning and zoning commission. The director shall refer any development plan involving any requested deviation, minor modification, or waiver from the rules, requirements, and regulations of this Code to the planning and zoning commission, unless a specific provision of this Code confers authority to said director.

(d)

Appeals to planning and zoning commission. Appeals of decisions made by the director of planning as provided herein shall be made to the planning and zoning commission. An appeal shall be filed in writing with the director of planning not more than 20 days after the rendering of the decision or action. The appeal shall state all reasons for dissatisfaction with the action of the director of planning. The planning and zoning commission shall vote by simple majority vote of those members present at the meeting to either approve or deny the appeal, which decision shall be final and binding.

3.

Development plan review by the planning and zoning commission.

(a)

Applicability. The following types of projects shall require development plan approval by the planning and zoning commission:

(1)

Any development, with the exception of single-family detached and two-family dwellings, that exceeds the size allowable for administrative development plan approval;

(2)

Any development plan referred to the planning and zoning commission by the director of planning;

(3)

Any development plan that requires a waiver, deviation or minor modification under this Code;

(4)

Any development plan referred to the planning and zoning commission by the director of planning; and

(5)

Any development plan that requires an exception to any condition herein.

(b)

Procedure.

(1)

Application. A development plan review application shall contain the information specified in the user's guide and shall be submitted to the director of planning.

(2)

Director's review and report. The director shall review each development plan application in light of the approval criteria below and, as deemed necessary, distribute the application to other reviewers. Based on the results of those reviews, the director shall provide a report to the planning and zoning commission.

(c)

Planning and zoning commission's review, hearing, and decision. The planning and zoning commission shall hold a hearing on the proposed application and approve, approve with conditions, or deny the proposed development plan, based on the approval criteria of below.

(d)

Appeals to city council. The decision of the planning and zoning commission to approve, approve with conditions, or deny a development plan or site plan may be appealed to the city council. An appeal shall be filed in writing with the director of planning not more than 20 days after the rendering of the decision or action taken by the planning and zoning commission. The director shall notify the city secretary that such appeal request has been made. The appeal shall state all reasons for dissatisfaction with the action of the planning and zoning commission. The city council shall vote by simple majority vote of those members present at the meeting to either approve or deny the appeal, which decision shall be final and binding. In cases where development or site plan approval includes provisions that must be approved by the city council, planning and zoning approval of the development or site plan shall be deemed a recommendation to the city council, which recommendation shall be referred to the city council for action. The city council's decision shall be final and binding.

D.

Approval criteria. A development plan shall be approved upon a finding that the development plan meets all of the following criteria:

1.

The development plan is consistent with the Comprehensive Plan;

2.

The development plan is consistent with any previously approved subdivision plat, planned development, or any other precedent plan or land use approval as applicable;

3.

The development plan complies with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 77-200 Zoning districts, Chapter 77-300, Use regulations, Chapter 77-400, Dimensional requirements, and Chapter 77-500, Development and design standards;

4.

Any significant adverse impacts reasonably anticipated to result from the use will be mitigated or offset to the maximum extent practicable; and

E.

Effect of development plan approval.

1.

If development of a lot or tract with an approved development plan has not commenced within two years of the date of final approval of all components of the development plan, the development plan shall be expired, and a new application, with fee, shall be required for review and approval of a plan for development of the property. Such new approval shall be required before a building permit may be issued for development. For the purpose of this subsection, the term "commenced" shall be interpreted to mean that a building permit has been obtained and is valid; that utilities have received final inspection by the city as required; but shall not be interpreted to include site grading.

2.

If development of a lot or tract with an approved development plan has commenced within the above allotted time period, but a building permit has expired prior to completion of the project, and such remains incomplete and without substantial progress for a six-month period, the development plan shall be deemed to have expired, and a new application, with fee, shall be required for review and approval of a plan for development of the property. Such new approval shall be required before a building permit may be issued for development.

3.

Such review and approval shall be evaluated according to the standards of this section, taking into account all changes to applicable ordinances that may have occurred subsequent to the prior approval. Final architectural and engineering design requirements may necessitate minor changes in the approved development plan, which may be approved by the director of planning.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 019-08, §§ 8, 9, 7-15-2008; Ord. No. 016-09, §§ 38, 39, 6-2-2009)

A.

Permit and certificate requirements generally. No person shall commence the construction, enlargement, or structural alteration of any building in the city, or use or occupy of the same, without first applying for and securing a building permit, or use or occupy the same without first securing a certificate of occupancy and compliance from the chief building official. Certificate of occupancy permits are not required for single-family structures used for residential purposes. Application shall be made on forms furnished by the chief building official.

B.

Creation of a building site.

1.

No permit for the construction of a building upon any tract or plot shall be issued unless the plot or tract is part of the plat of record, properly approved as required herein, and filed in the plat records of Dallas County or Rockwall County, Texas.

2.

No permit for construction of a building upon any tract shall be issued unless a site plan, landscape plan, facade plan, and tree survey/preservation plan, if such is required, has been approved.

C.

Certificate of occupancy.

1.

No building hereafter erected, converted, or structurally altered shall be used or occupied, and no land or building may be changed in use, unless or until a certificate of occupancy has been issued by the city stating that the building or proposed use of land or building complies with the provisions of this chapter and other building laws of the city. The provisions of this section shall not apply to single-family detached or duplex dwellings.

2.

A certificate of occupancy shall be applied for coincident with the application for a building permit and will be issued within ten days after completion of the erection, alteration, or conversion of such building or land provided such construction or change has been made in complete conformity to the provisions of this chapter and with the approval of the city.

3.

A certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of the regulations of this chapter. A record of all certificates shall be kept on file in the office of the chief building official.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

A.

Purpose. This section sets the procedure for the permitting and establishment of temporary uses authorized by section 77-304.

B.

Applicability. No use that is classified as a temporary use shall be placed or established on property without first receiving a temporary use permit.

1.

Permit required. All temporary uses and structures shall obtain a temporary use permit. A new temporary use permit is required for each new location within the city, regardless of whether or not the temporary use is located on the same property as a previous temporary use permit or on a new site.

C.

Procedure.

1.

Application. An application for a temporary use permit shall be filed with the director of planning in a form specified by the director. An application for a temporary use permit may be filed only by the owner of the property, or by a representative specifically authorized by the owner to file such application.

(a)

Contents. All applications shall include at least the following information:

(1)

A statement of the specific temporary use applied for including the specific time period for which the applicant is requesting temporary use.

(2)

A specific site plan drawn to scale showing the specific dimensions and arrangement of the proposed temporary use.

(3)

Provisions for parking, water service and sanitary facilities.

(b)

Filing deadline. All applications for temporary use permits shall be filed at least two weeks prior to the date the temporary use will commence, or at least four weeks prior to the date the temporary use will commence if public safety support is requested from the city. The director of planning may waive this filing deadline requirement in an individual case, for good cause shown, and following concurrence by affected city departments.

2.

Issuance of permit; approval criteria.

(a)

The director of planning shall issue a temporary use permit only upon finding that the proposed temporary use satisfies the requirements set forth in section 77-304.

(b)

For those temporary uses not specifically listed in section 77-304 or uses requesting a duration not allowed in section 77-304, application shall be made to the planning and zoning commission. The commission shall consider such factors as nature of the use; time period allowed for the use; parking; cleanup requirements; and signage. The commission may grant or deny the application and, if granted, the commission may impose such conditions, regulations or restrictions as deemed necessary.

3.

Duration of permit. A temporary use permit shall be valid only for the time period stated on the permit, unless otherwise authorized by this Code.

4.

Time between permits. No new temporary use permit for the same temporary use on the same property may be granted for a period of six months from the date of termination of such renewal or additional period, unless otherwise authorized by this Code.

5.

Extensions and renewals. A temporary use permit may only be renewed or extended once for certain permit types by action of the planning and zoning commission as provided in section 77-304.

6.

Appeals. The decision of the planning zoning commission to approve, approve with conditions, or deny a temporary use permit may be appealed to the city council. An appeal shall be filed in writing with the director of planning within 20 days of the planning and zoning commission's decision. The appeal shall state all reasons for the dissatisfaction with the decision of the planning and zoning commission. The city council shall vote by simple majority vote of those members present at the meeting to approve or deny the appeal, which decision shall be final and binding.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 020-11, § 3, 8-16-2011)

A.

Purpose and scope. This section sets out the required review and approval procedures for "minor modifications," which are minor changes from otherwise applicable standards that may be approved by the city council or the planning and zoning commission. Minor modifications are to be used when the small size of the modification requested, and the unlikelihood of any adverse effects on nearby properties or the neighborhood, makes it unnecessary to complete a formal variance process.

B.

Applicability.

1.

Minor modifications to general development and zoning district standards. As part of the review and approval of any procedure set forth in this chapter, the city council or the planning and zoning commission may approve minor modifications of up to a maximum of 20 percent from the following general development and zoning district standards provided that the approval criteria of subsection 4. are met, except where authority is specifically conferred to another decision making body under this Code:

(a)

General development standards set forth in chapter 77-500, Development and design standards; and

(b)

Subdivision design and improvement standards set forth in chapter 77-600, Subdivision and land development.

2.

Limitations on authority to grant minor modifications. In no circumstance shall any decision-making body approve a minor modification that results in:

(a)

An increase in overall project density;

(b)

A change in permitted uses or mix of uses;

(c)

An increase in building height above what is allowed in the zoning district;

(d)

A waiver, minor modification, or deviation from the use-specific standards, set forth in subchapter 77-303, unless so authorized by the planning and zoning commission where such is an authorized action; or

(e)

A change in conditions attached to the approval of any subdivision plan, site plan, or conditional use permit, unless the change is to a conceptual plan and approval was based upon the recognition of such, and where the change will have minimal design or layout alterations.

3.

Procedure.

(a)

Minor modifications approved by city council or planning and zoning commission. The city council or planning and zoning commission may initiate or approve a minor modification allowed under this section at any time before it takes action, or as part of taking action, on a development application under its respective jurisdiction.

(b)

Noted on pending application. Staff shall specify any approved minor modifications and the justifications for such modifications on the pending development application for which the modifications were sought.

4.

Approval criteria. The decision-making body may approve the minor modification only if it finds that the modification meets all of the criteria below:

(a)

The requested modification is consistent with the comprehensive plan or the stated purpose of this Code;

(b)

The requested modification meets all other applicable building and safety codes;

(c)

The requested modification does not encroach into a recorded easement or cross a building line;

(d)

The requested modification will have no significant adverse impact on the health, safety, or general welfare of surrounding property owners or the general public, or such impacts will be substantially mitigated; and

(e)

The requested modification is necessary to either:

(1)

Compensate for some practical difficulty or some unusual aspect of the site of the proposed development not shared by landowners in general; or

(2)

Accommodate an alternative or innovative design practice that achieves to the same or better degree the objective of the existing design standard to be modified.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 012-08, § 19, 4-1-2008; Ord. No. 016-09, §§ 40, 41, 6-2-2009)

A.

Purpose and scope. The variance process is intended to provide limited relief from the requirements of this Code in those cases where strict application of a particular requirement will create an unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this Code. It is not intended that variances be granted merely to remove inconveniences or financial burdens that the requirements of this Code may impose on property owners in general. Rather, it is intended to provide relief where the requirements of this Code render the land difficult or impossible to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested. A variance is intended to be permanent in nature and to run with the land or the use associated with the variance. State and/or federal laws or requirements may not be varied by the city.

B.

Variance defined. A variance is an exemption from the literal terms of a zoning ordinance that avoids an unnecessary hardship caused by special conditions associated with the property. The unnecessary hardship must be unique to the property, arising from topographical, geographical, physical or dimensional features of the property, and not to the owner or occupant. A variance is appropriate in unique circumstances to allow limited exemptions from setbacks, lot width, lot depth, lot coverage, floor area ratio, sidewalks, home size, lot size, signs and similar regulations and shall not be granted if based on market conditions, economic factors, or profitability, marketability or feasibility of development on the property. A variance shall not be granted if contrary to the public interest, and if granted, the spirit of the regulations must be observed and substantial justice done.

C.

Prohibited variances.

1.

Under no circumstances shall be board of adjustment grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code, for the zoning district containing the property for which the variance is sought.

2.

Variances from adopted uniform codes are prohibited except as provided therein or herein.

3.

Under no circumstances shall the board of adjustment grant a variance from any written conditions attached by another decision-making body to the approval of a planned development district, conditional use permit, subdivision plat, or development plan.

4.

No variance shall be granted if the conditions or circumstances affecting the applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations.

D.

Procedure.

1.

Rules of procedure for board of adjustment. The board of adjustment shall adopt rules and procedures regarding the function and conduct of business consistent with V.T.C.A. Local Government Code Ch. 211.

2.

Application. An application for a variance shall be submitted to the city on a form contained in the user's guide. A request for variance may be initiated only by the property owner or his authorized representative. The application must state what relief is being sought and must specify the facts or circumstances that are alleged to show that the application meets the applicable criteria. Once the application is complete, the application shall be scheduled for consideration at a meeting open to the public, and shall transmit to the board of adjustment all applications and other records pertaining to the variance prior to the hearing.

3.

Action by the board of adjustment. Upon receiving the application materials from the city, the board of adjustment shall hold a hearing on the proposed variance in accordance with adopted rules and procedures. Posted notice of the hearing shall be provided pursuant to subchapter 77-803F.

4.

Variance shall be least divergent. If a variance is authorized, the variance shall represent the least deviation from the regulations that will afford relief.

E.

Lapse of approval. Any variance granted shall become null and void:

1.

If the variance is not exercised within 180 days of the date it is granted, or

2.

If any building, structure, or characteristic of use permitted by variance is moved or altered so as to enlarge the variance or discontinue it.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 016-09, § 42, 6-2-2009)

A.

Purpose and scope. Appeals to the board of adjustment from the decisions of the city's administrative staff are allowed under this Code. It is the intention of this section that all questions arising in connection with the interpretation and enforcement of this Code shall be presented first to the appropriate administrative officer of the city, that such questions shall be presented to the board of adjustment only on appeal from the decisions of that department, and that recourse from the decision of the board of adjustment shall be to the courts. It is further the intention of this section that the duties of the city council in connection with this Code shall not include the hearing or passing upon disputed questions that may arise in connection with the enforcement thereof. The city council may request that the board issue an interpretation or rule on an interpretation where such has not been previously determined by the board.

B.

Rules of procedure for board of adjustment. The board of adjustment shall adopt rules and procedures regarding the function and conduct of business consistent with V.T.C.A. Local Government Code Ch. 211.

C.

Decisions that may be appealed. An asserted error in any order, requirement, permit, decision, determination, refusal, or interpretation made by any administrative officer, city board or commission in interpreting and/or enforcing the provisions of this Code may be appealed to the board of adjustment, unless otherwise provided in this Code.

D.

Filing of appeal; effect of filing.

1.

An appeal to the board of adjustment may be brought by any person, firm, corporation, office, department, board, bureau, or commission aggrieved by the order, requirement, permit, decision, or determination that is the subject of the appeal.

2.

An application for an appeal shall be filed with the city. Once the application is complete, the appeal shall be scheduled for consideration at a meeting open to the public before the board of adjustment. The administrative officer from whom the appeal is taken shall transmit to the board of adjustment all applications and other records or reasons for determinations pertaining to such appeal. The application shall be filed no later than 20 days after the date of the contested action.

3.

The filing of an appeal shall stay all proceedings in furtherance of the contested action, unless the administrative officer certifies to the board of adjustment that, in his or her opinion by reason of facts stated in the certification, such a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed except by a restraining order granted by the board of adjustment or by a court of law on notice to the administrative official from whom the appeal is taken, with due cause shown.

E.

Action by the board of adjustment. Upon receiving the application materials, the board of adjustment shall hold a hearing on the appeal and conduct a hearing in accordance with rules and procedures adopted by the board.

F.

Appeal from board of adjustment. Appeals from the board of adjustment are to the courts, as per Section 211.011 of the Texas Local Government Code, as amended.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 016-09, § 43, 6-2-2009)