All development applications to be considered by the City Council shall be initiated by the filing of the application by the owner of the property on which the permit is applicable or by the owner’s designated agent. In the event an application is submitted by a designated agent, the application must be accompanied by a written statement, signed by the owner, authorizing the agent to file the application on the owner’s behalf.

Any request for withdrawal of an application must be submitted in writing to the City Manager or his/her designee. If notification is required for the application and has been properly given via publication in the newspaper and/or written notification to surrounding property owners, such application must be placed on the agenda. The staff representative shall notify the Board, Commission or City Council of the request for withdrawal. The Board, Commission or Council may, at its discretion, accept the request for withdrawal of the application by general consent of the members. Application fees are not refundable unless reimbursement is otherwise authorized by the City Manager or his/her designee.

Whenever published notice of a public hearing before a Board, Commission or the City Council is required, the City Manager or his/her designee shall prepare a notice to be published in an official newspaper or a newspaper of general circulation in the City before the fifteenth (15) day before the date set for the required hearing. Said notice shall set forth the date, time, place and purpose of the hearing as required under LGC section 211.006(a).

Whenever written notice of a public hearing before the City Council is required, before the tenth (10) day before the hearing date, the City Manager or his/her designee shall cause written notice to be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within two hundred (200) feet of the exterior boundary of the property in question. Said notice shall set forth the date, time, place and purpose of the hearing as required under LGC section 211.007(c). The notice may be served by its deposit, properly addressed with postage paid, in the United States mail. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken.

Whenever a public hearing is required, the City Secretary or his/her designee shall establish the date, time and place of the public hearing and shall cause any notice required under section 5.1.3 of this Article to be prepared and made accordingly.

Any person may appear at the public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall state his or her name, address, and if appearing on behalf of an organization, state the name and mailing address of the organization for the record. Subject to the Mayor’s inherent authority to conduct meetings, public hearings shall generally be conducted as follows:

The body conducting the hearing may, on its own motion or at the request of any person, for good cause, continue the hearing to a fixed date, time and place. Except as required by the Texas Open Meetings Act no notice shall be required if a hearing is continued. If a public hearing is closed, no further public testimony shall be taken.

The body conducting the hearing may adopt additional rules of procedure and may apply such additional rules to govern the public hearing which are not inconsistent with this section.

Within ten (10) business days following final action on any development application, the appropriate City Department shall provide written notification to the applicant of the decision of the City Council considering the request. If an application has been denied, the notification should include the reasons for denial if identified by Council as well as any information relating to reapplication procedures for the appropriate application.

Whenever any development application, with the exception of any plat application, is denied, the same type of development application for all or a part of the same property shall not be accepted for filing for a period of six (6) months after the date of denial unless the subsequent application involves a proposal that is substantially different from the previously denied proposal. For the purpose of this section, a request may be considered substantially different if the change is to a different zoning classification, there is a change in conditions relating to zoning principles of the property or surrounding properties or there is a change in the nature of the development of the property or surrounding properties. The City Manager or his/her designee shall resolve any questions concerning the similarity of the reapplication. The final decision-maker may, at its option, waive the six (6) month waiting period if, after due consideration of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial new information pertaining to the request is discovered.

Unless otherwise expressly provided by this Zoning Ordinance, any request to amend or revise an approved development application shall be considered a new application, which must be decided in accordance with the procedures governing the original application and the standards in effect at the time such new application is filed with the City.

Whenever a subsequent development application differs substantially from a previously approved development application to which the subsequent application must conform, the applicant shall submit an amended development application for the initial development application, which shall be decided prior to the subsequent application. The applicant’s failure to comply with this section shall result in denial of the subsequent application.

The City Manager or his/her authorized representative, shall administer and enforce the provisions of this Ordinance. If the City Manager or his/her authorized representative finds upon his/her own personal observation, or upon receipt of a complaint, that the provisions of this Ordinance are being violated, he/she shall immediately investigate and, when necessary, give written notice to the person(s) responsible to cease or correct such violation(s) immediately. Notice shall be delivered in person or by certified mail to the violator(s) or to any person owning or leasing a property where the violation is occurring. The City Manager or his/her authorized representative shall have the right to enter upon any premises at any reasonable time in conformance with local and state laws, for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this Ordinance.

Whenever any building or construction work is being done contrary to the provisions of this Ordinance, the City Manager or his/her authorized representative shall have the authority to order the work stopped by notice in writing served on the property owner or the contractor doing the work or causing such work to be done, and any such person shall forthwith stop such work until authorized in writing by the City to proceed with such work. Failure to immediately stop work as provided herein shall constitute a violation of this Ordinance, in accordance with Section 1.5 and may incur penalties for such violation.

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any zoning or development application or on any appeal.

Site plan review and approval by the City Council shall be required for any Planned Development District or Specific Use Permit application. New construction or any enlargement of an existing structure exceeding 25% of the existing building footprint for all nonresidential, mixed use, single-family attached, and multifamily projects and structures may be approved administratively by the City Manager or his/her designee.

No building permit shall be issued for any of the above developments until a site plan and all other required engineering/construction plans are first approved by the City. No certificate of occupancy shall be issued until all construction and development conforms to the site plan and engineering/construction plans, as approved by the City.

All required items and/or information for an application for a site plan must be received by the City Manager or his/her designee in order for the application to be considered complete, pursuant to Section 5.2.5. Incomplete submissions will not be reviewed until all deficient items and information have been received. The City will provide to the applicant not later than the 10th business day after the date the application is filed written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided. The site plan shall be prepared by a professional engineer (P.E.), land planner, architect or surveyor, at a scale no smaller than one inch equals one hundred feet (1" = 100'), and it shall clearly show in detail how the site will be constructed. The site plan shall include, but not be limited to the following:

To ensure the submission of adequate information, the City is hereby empowered to maintain and distribute a separate list of specific requirements for site plan review applications. Upon periodic review, the City Manager or his/her designee shall have the authority to update such requirements for site plan and development review applications. It is the applicant’s responsibility to be familiar with, and to comply with, these requirements.

When the overall development project is to be developed in phases, the site plan area shall include only the portion of the overall property that is to be developed/constructed.

Before a site plan expires, the applicant may submit to the City a request to extend the time period of the site plan. The request will be considered by the City Council.

If no request for extension for a site plan is received, then the site plan will be considered null and void. Any new request for site plan approval shall be deemed a “new project”; shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this Ordinance.

In determining whether to grant a request for extension, the City Council shall take into account the reasons for the lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which development regulations would apply to the site plan at that point in time.

A specific use is a land use which, because of its unique nature, is compatible with the permitted land uses in a given zoning district only upon a determination that the external effects of the use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of certain standards and conditions. This Section sets forth the standards used to evaluate proposed special uses and the procedures for approving Specific Use Permit applications.

No specific use shall be established and no building permit shall be issued for any use designated as a specific use within any zoning district until a Specific Use Permit (SUP) is issued in accordance with the provisions of this Ordinance. An application for an SUP shall be accompanied by a detailed site plan prepared in the manner described in Section 5.2 of this Ordinance. The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in Section 5.2.

The designation of a use in a zoning district as may be permitted by SUP in Section 4.12 of this Ordinance does not constitute an authorization or assurance that such use will be approved.

Approval of an SUP shall authorize only the particular use for which the SUP is issued.

No use authorized by an SUP shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new Specific Use Permit.

Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code of Ordinances, and any permits that may be required by regional, State or Federal agencies.

An application for a Specific Use Permit may be submitted by the property owner or by the property owner’s designated representative to the City. The application shall be accompanied by a site plan prepared in accordance with the requirements of Section 5.2 of this Ordinance. If a base zoning district amendment is required or requested, such rezoning application shall accompany the application for a Specific Use Permit.

If the proposed use requires a division of or the platting of land, an application for the first step in subdivision approval shall be submitted in conjunction with the application for a Specific Use Permit. Approval of the Specific Use Permit shall not become effective until final approval of the subdivision application provided that, if the land is to be divided and developed in phases, the approval of the Specific Use Permit shall take effect upon final plat approval of the phase of the subdivision containing the property on which the special use is to be located.

The City Council shall be the final decision-maker on applications for Specific Use Permits. Following a public hearing, the City Council shall approve, modify or deny the proposal for a Specific Use Permit in accordance with Section 5.1 of this Ordinance. If the appropriateness of the use cannot be assured at the location, the application for Specific Use Permit shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.

When considering applications for a Specific Use Permit, the City Council, in rendering its decision on the application shall, on the basis of the concept plan/site plan and other information submitted, evaluate the impact of the special use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The City Council shall specifically consider the extent to which:

In approving the application the City Council may impose such additional conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this Section, in accordance with the procedures in Section 5.1 of this Ordinance. Such additional conditions shall exceed the minimum standards contained herein or in any other applicable City Code or Ordinance, and they cannot relax or grant relief from any of the City’s minimum standards. Any conditions imposed shall be set forth in the ordinance approving the specific use, and shall be incorporated into or noted on the concept plan or site plan for final approval. The City Manager or his/her designee shall verify that the plan incorporates all conditions set forth in the ordinance authorizing the special use, and shall sign the plan to indicate final approval. The City shall maintain a record of such approved special uses and the site plans and conditions attached thereto.

The foregoing additional conditions shall not be subject to variances that otherwise could be granted by the Board of Adjustment nor may conditions imposed by the City Council subsequently be waived or varied by the BOA. In conformity with the authority of the City Council to authorize special uses, the City Council may waive or modify specific standards otherwise made applicable to the use by this Ordinance, to secure the general objectives of this Section.

If, at the effective date of this ordinance or amendment thereof, a lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, the use may be continued so long as it remains otherwise lawful, provided:

For the purpose of this section, “abandonment” shall be defined as intent by the owner to permanently close or cease the use, coupled with any act or statement by the owner that manifests such intent. The following conditions, events or conduct shall be presumed to constitute intent to abandon a legal nonconforming use:

For the purpose of this section, “discontinuance” shall be defined as follows:

Administrative Exception Determination on Loss of Use Nonconformity:

The City Council may initiate the process to amortize a nonconforming land use or structure by filing an application to the Board of Adjustment. All actions to discontinue a nonconforming use of land and structure shall be taken with due regard for the investment of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property.

The City Council may require the discontinuance of nonconforming uses of land or structure under a plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this Subchapter.

If the City Council establishes a termination date for a nonconforming use, the use must cease operations on that date and the owner may not operate it after that date unless it becomes a conforming use.