The purpose of this Article is to establish application procedures, internal review procedures, public notice and hearing procedures, and review criteria for the processing of applications and actions that affect the development and use of property subject to the jurisdiction of the City of Schertz.

(Ord. No. 24-S-14, § 1(Exh. B), 4-16-2024)

A.

Application Submittal. All development applications to be considered by any Board, Commission or Committee, or 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.

B.

Determination of Application Completeness.

1.

All development applications shall be subject to a determination of completeness by the City Manager or his/her designee.

2.

No application shall be deemed complete and accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this UDC and the Development Manual.

3.

The City Manager or his/her designee may from time to time identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in this UDC.

4.

A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this UDC.

5.

Not later than the tenth (10th) business day after the date an application is submitted, the City Manager or his/her designee shall make a written determination whether the application constitutes a complete application. This shall include a determination that all information and documents required by this UDC and the Development Manual for the type of permit being requested or other requirements have been submitted. A determination that the application is incomplete shall be sent to the applicant within such time period by email to the address listed on the application or by United States mail at the address listed on the application. The determination shall specify the documents or other information needed to complete the application and shall state that the application will expire if the documents or other information are not submitted within forty-five (45) days after the date the application was submitted.

6.

An application filed on or after the effective date of this amended and restated UDC shall be deemed complete on the eleventh (11th) business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete. For purposes of this section, the applicant shall be deemed to have been notified if the City has emailed or mailed a copy of the determination as provided in subsection B.5 above.

7.

The processing of an application by any City employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing. However, this application may be denied for incompleteness within the forty-five (45) day period.

8.

A Development Application shall be deemed to expire on the forty-fifty (45th) day after the application is submitted to the City Manager or his/her designee for processing if the applicant fails to provide documents or other information necessary to meet the requirements of this UDC, the Development Manual or other requirements as specified in the determination provided to the applicant. Upon expiration, the application will be discarded and a new application must be submitted.

9.

No vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied.

C.

Application for Letters of Certification.

1.

Certifying Departments. Prior to filing an application for Subdivision Plat, Master Development Plan, or Site Plan approval the applicant shall secure letters of certification as required by this UDC. A request for letters of certification and required items shall be filed by the applicant with the following entities as required by the Development Manual:

a.

Planning and Community Development Department

b.

Engineering Department

c.

Fire Department

d.

Parks and Recreation

2.

Application Requirements. Any request for a Letter of Certification shall be accompanied by an application prepared in accordance with the Development Manual.

3.

Completeness Review. Upon receipt of a request for letters of certification, the City Manager or his/her designee shall preform a determination of application completeness pursuant to Section 21.4.2.B.

4.

Decision. The following procedures shall apply to the issuance of a letter of certification:

a.

After the City Manager or his/her designee has determined whether the request for letters of certification and required technical data is complete, each certifying department shall issue or deny a letter of certification within ninety (90) days. When a certifying department determines that the proposed plan, plat or any of the required accompanying data does not conform with the requirements of this UDC or other applicable regulations, ordinances or laws, the applicant may at his/her option revise any nonconforming aspects. If any data is revised and resubmitted, the certifying department/agency shall have up to thirty days (30) days from the latest date of submission to issue or deny a letter of certification.

b.

Failure to Submit Letter of Certification. If a letter of certification is not issued or denied within the time periods prescribed in subsection C.4.a. above, the same shall be deemed issued and the applicant may submit an application for master development plan, subdivision plat, or site plan approval, without submitting the letter of certification.

5.

Issuance Criteria. The letter of certification request is a process for compiling a complete application for master development plan, subdivision, or site plan review. The City Manager or his/her designee, in considering action on a Letter of Certification request should consider the following criteria:

a.

the certification request complies with all applicable regulations, ordinances and laws including but not limited to the Unified Development Code, Code of Ordinances, Development Manual, Public Works Technical Specifications, and Public Works Design Guide.

b.

A letter of certification does not authorize any subdivision or development activity, and any action by the certifying department shall constitute only a recommendation as to whether the activities subject to the request for letters of certification would comply with the applicable development requirements.

6.

Scope of Issuance. A letter of certification does not authorize the development or subdivision of land. Upon receipt of all letters of certification, the applicant may submit an application for master development plan, subdivision plat, or site plan approval. Letters of certification shall remain valid for one (1) year from the date of issuance by the certifying department/agency. After that time period, new or updated letters of certification shall be required. Each new master development plan, subdivision plat, or site plan to be filed will be required to obtain new letters of certification prior to application submittal.

7.

Amendments. A letter of certification may be amended prior to filing an application for subdivision approval if the proposed amendment:

a.

Does not increase the number of lots subject to the application.

b.

Does not increase by more than five percent (5%) the lineal footage of roadways or the areas within the paved surface of the street right-of-way.

c.

Does not reduce the amount of open space within the proposed subdivision.

8.

Recording Procedures. A letter of certification is not recorded. A letter of certification shall be maintained by the applicant and presented with the proposed application for master development plan, subdivision plat, or site plan approval.

D.

Application Withdrawal. 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, Committee or the City Council of the request for withdrawal. The Board, Commission, Committee or the City 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.

(Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019; Ord. No. 24-S-14, § 1(Exh. B), 4-16-2024)

A.

Published Notice. Whenever published notice of a public hearing before a Board, Commission, Committee or the City Council is required, the City Manager or his/her designee shall cause notice to be published in an official newspaper or a newspaper of general circulation in the City before the fifteenth (15th) 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).

B.

Written Notice. Whenever written notice of a public hearing before a Board, Commission, Committee or the City Council is required, before the tenth (10th) 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 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. If the property within 200 feet of the property in question is located in territory within the City and is not included on the most recently approved municipal tax roll, notice to such owners shall be given by one (1) publication in an official newspaper or a newspaper of general circulation in the municipality at least fifteen (15) days before the date of the hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken.

C.

Posted Notice. Whenever posted notice of a public hearing is required, notification signs shall be posted by the applicant a minimum of eleven (11) days prior to the scheduled public hearing and shall remain posted during the course of the public hearings, until such time that final action has been taken on the permit application. Signs shall be posted on the subject property and/or along public right-of-way in a format approved by the City Manager or his/her designee. The number of signs, size of signs and content to be placed on the signs shall be in accordance with the Development Manual.

It shall be the responsibility of the applicant to periodically check sign locations to verify that signs remain in place and have not been vandalized or removed. The applicant shall replace any missing or defective signs within one (1) business day from the time that a City official notifies the applicant that the signs are missing. It is unlawful for a person to alter any notification signs, or to remove it while the case is pending. Removal or alteration that is beyond the control of the applicant shall not constitute a failure to meet notification requirements of this section.

(Ord. No. 17-S-42, § 1(Exh. A), 10-24-2017; Ord. No. 24-S-14, § 1(Exh. B), 4-16-2024)

A.

Public Hearing Required. Whenever a public hearing is required, the City Manager or his/her designee shall establish the date, time and place of the public hearing and shall cause any notice required under section 21.4.3 of this Article to be prepared and made accordingly.

B.

Conduct of Hearing. 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 chairperson's inherent authority to conduct meetings, public hearings shall generally be conducted as follows.

1.

The City staff may present a description of the proposed project and a written or oral recommendation, if required. Any written recommendation shall be available to the public at the time that the agenda packet for the body conducting the hearing is compiled.

2.

The applicant may present any information it deems appropriate.

3.

Testimony in support of the application may be presented by any individual who expresses an interest in the proposed project.

4.

Testimony in opposition to the application may be presented by any individual who expresses an interest in the proposed project.

5.

At the discretion of the chairperson, the City staff and the applicant may respond to any statement by the public.

6.

The body conducting the hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious.

7.

At the sole discretion of the chairperson of the body conducting the hearing, an individual may be permitted to pose relevant questions to staff, the applicant or the body conducting the hearing, as directed by the chairperson.

8.

The public hearing shall be closed.

9.

The advisory body (i.e. Board, Commission or Committee) shall make a recommendation.

10.

The advisory body (i.e. Board, Commission or Committee) shall prepare a written report with its recommendations to the City Council.

C.

Continuance of Hearing. 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 or other applicable law, no notice shall be required if a hearing is continued. If a public hearing is closed, no further public testimony shall be taken.

D.

Additional Rules. 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.

E.

Joint Public Hearing. Unless otherwise prescribed in this UDC, whenever an application must be preceded by a public hearing both before an advisory body (i.e. Board, Commission and/or Committee) and before the City Council, the advisory body and the Council may conduct a joint public hearing and take action on the application in the following manner.

1.

The City Council shall establish the date of the joint public hearing by motion at a regular or special meeting.

2.

The City Council shall cause notice of the joint public hearing to be provided as required by this UDC and the Texas Open Meetings Act and, by a vote of two-thirds of its members, may prescribe the type of notice for the joint public hearing.

3.

The advisory body (i.e. Board, Commission and/or Committee) and the City Council shall be convened for the hearing and for any action to be taken on the petition or application.

4.

The advisory body (i.e. Board, Commission and/or Committee) and the City Council may take action on the application at the same meeting, provided that the City Council shall not take action until the written report and recommendation of the advisory body (i.e. Board, Commission and/or Committee) has been received.

(Ord. No. 24-S-14, § 1(Exh. B), 4-16-2024)

A.

Notification Required. 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 Board, Commission, Committee or the City Council considering the request. If an application has been denied, the notification should include the reasons for denial as well as any information relating to reapplication procedures for the appropriate application.

B.

Reapplication Following Denial. Whenever any Development Application, with the exception of any plat application, is denied, a 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.

C.

Amendments and Revisions to Approved Application. Unless otherwise expressly provided by this UDC, 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.

D.

Amendments Required. 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

(Ord. No. 22-S-19, § 1(Exh. A), 4-26-2022; Ord. No. 24-S-14, § 1(Exh. B), 4-16-2024)

A.

Applicability. The Comprehensive Land Plan of the City reflects the long-term plan for growth and development of the City. The City Council may, from time to time, on its own motion, by request of the City Manager or his/her designee or by application from a property owner, amend, supplement, change, modify or repeal the text of the Comprehensive Land Plan or may amend the boundaries shown on the Future Land Use Map, Master Thoroughfare Plan or any other applicable maps contained in the Comprehensive Land Plan. Approved amendments to the Comprehensive Land Plan authorize a property owner to submit subsequent development applications consistent with the amendment.

B.

Application Requirements.

1.

Application Required. Any request for an amendment to the Comprehensive Land Plan shall be accompanied by a completed Planning Department Development Application.

2.

Accompanying Applications. Any request for amendment of the Future Land Use Map submitted by a property owner may be accompanied by an application for a zoning change consistent with requested Future Land Use Map amendment for land within the City limits, or by a Subdivision Master Plan, for land within the ETJ. Approval of an amendment to the Comprehensive Land Plan shall require all subsequent development applications to be consistent with the approved amendments.

C.

Processing of Application and Decision.

1.

Submittal. An application for an amendment to the Comprehensive Land Plan shall be submitted to the Planning Department. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2 of this Article. The City Manager or his/her designee may, at its option, request a recommendation from any other City department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration.

2.

Notification Requirements. An application for an amendment to the Comprehensive Land Plan requires the following notification in accordance with section 21.4.3 of this Article:

a.

Written notice prior to consideration by the Planning and Zoning Commission; and

b.

Published notice prior to consideration by the City Council.

3.

Commission recommendation. The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article and make a written recommendation regarding a proposed amendment to the Comprehensive Land Plan to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the amendment.

4.

Decision by City Council. The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed amendment to the Comprehensive Land Plan and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article. The City Council may vote to approve, approve with conditions, or deny the amendment.

D.

Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on an amendment to the Comprehensive Land Plan, should consider the following criteria:

1.

The proposed amendment promotes the health, safety, or general welfare of the City;

2.

An amendment to the text is consistent with the goals, objectives, and other policies of the Comprehensive Land Plan;

3.

An amendment to the Future Land Use Map, Master Thoroughfare Plan or any other applicable maps contained in the Comprehensive Land Plan is consistent with the policies of the Comprehensive Land Plan that apply to the map being amended;

4.

Any proposed amendment addresses circumstances that have changed since the last time the plan map or text was considered, implements plan policies better than the current plan map or text corrects a mapping error or addresses a deficiency in the plan; and

5.

Other factors which, are deemed relevant and important in the consideration of the amendment.

(Ord. No. 24-S-14, § 1(Exh. B), 4-16-2024; Ord. No. 24-S-155, Exh. A, 10-22-2024)

A.

Applicability. The provisions of this section apply to any request for an amendment to the text of this UDC. The City Council may, from time to time, on its own motion, or at the request of the City Manager or his/her designee, amend, supplement, change, modify or repeal the text of any portion of this UDC in order to establish and maintain sound, stable and desirable development within the jurisdiction of the City. The provisions of this section shall exclude amendments to any appendix which may be amended by general consent of the City Council.

B.

Application Requirements. Requests for amendments to the text of this UDC may be initiated by the request of the Planning and Zoning Commission, the City Council or the City Manager on his/her own initiative. A request for an amendment to the text of this UDC shall be accompanied by a completed Development Application.

C.

Processing of Application and Decision.

1.

Submittal. An application for an amendment to the text of this UDC shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application and may direct the proposed amendment to any other City departments or consultant for review and recommendation. After appropriate review, the City Manager or his/her designee shall forward a recommendation to the Planning and Zoning Commission for consideration.

2.

Notification Requirements. An application for an amendment to the text of this UDC requires published notice prior to consideration by the City Council.

3.

Commission recommendation. The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article and make a written recommendation regarding a proposed amendment to the text of this UDC to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the amendment.

4.

Decision by City Council. The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed amendment to the text of this UDC and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article. The City Council may vote to approve, approve with conditions, or deny the amendment. Such amendment shall be by ordinance, and the identifying number of any such ordinance shall be noted on the cover of this UDC.

D.

Criteria for Approval. The Planning and Zoning Commission, in making its written recommendation, and the City Council, in considering final action on an amendment to the text of this UDC, should consider the following criteria:

1.

The proposed amendment promotes the health, safety, and general welfare of the City;

2.

The proposed amendment is consistent with the goals, objectives, and policies of this UDC and the City;

3.

The proposed amendment corrects an error, meets the challenge of changing conditions, or is in response to changes in state law; and

4.

Other factors which are deemed relevant and important in the consideration of the amendment.

E.

Non-Substantive Amendments. Notwithstanding the other provisions of this section, the City Council may by resolution correct spelling or punctuation errors, cross-reference errors, and other matters herein determined by the City Attorney to be non-substantive without complying with the foregoing provisions of this section. The number of any such resolution shall be noted on the cover of this UDC.

(Ord. No. 24-S-14, § 1(Exh. B), 4-16-2024; Ord. No. 24-S-155, Exh. A, 10-22-2024)

A.

Applicability. Annexation may be voluntary or involuntary and shall be required to meet all requirements of the LGC, Local Government Code for each type of annexation.

The provisions of this section apply to any request for voluntary annexation by a property owner wishing to extend the corporate limits of the City to incorporate property adjacent to the City's existing municipal boundaries.

B.

Application Requirements.

1.

Application Required. A request for annexation shall be accompanied by an application prepared in accordance with the Development Manual.

2.

Accompanying Applications. Any request for annexation shall be accompanied by an application to establish the initial zoning on the property. An application to establish the zoning may be considered at the same meeting as the annexation request so long as the ordinance providing for annexation is acted on prior to any action on the zoning request. In the event that an application for annexation is considered concurrently with the application for zoning, the Planning and Zoning Commission may consider the zoning request and provide a written recommendation to the City Council so long as the City Council has adopted the annexation ordinance.

C.

Processing of Application and Decision.

1.

Submittal. An application for annexation shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2 of this Article. The City Manager or his/her designee may, at its option, request a recommendation from any other City department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the City Council for consideration.

2.

Development Agreement. The City Manager or his/her designee shall comply with the approval. The City Council shall comply with LGC, Local Government Code § 43.035.

3.

Notification requirements. The City Manager or his/her designee shall provide notification in accordance with LGC, Local Government Code § 43.062.

4.

Service plan required. The City Manager or his/her designee shall prepare an annexation service plan in accordance with LGC, Local Government Code § 43.056.

5.

Decision by City Council. The City Council shall hold two public hearings in accordance with LGC, Local Government Code § 43.063 and shall take final action as required in LGC, Local Government Code.

6.

Other Procedures Applicable. A request for annexation is subject to all applicable rules and procedures required by State law. In the event of a conflict between the requirements of this UDC and State law, the requirements of State law shall apply.

D.

Criteria for Approval. When considering a request for voluntary annexation, the City Council should consider the following criteria:

1.

The application is consistent with the requirements of State law and this UDC;

2.

The annexation promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City;

3.

The property owners and residents of the area consent to the annexation;

4.

The application includes a service plan as required by subsection 21.4.8.C.4 above;

5.

The annexation is consistent with the goals and objectives of the Comprehensive Land Plan; and

6.

Other criteria which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment.

(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 24-S-14, § 1(Exh. B), 4-16-2024)

Editor's note— Ord. No. 19-S-02, § 2, adopted Feb. 5, 2019, repealed § 21.4.9, which pertained to the designation of landmark properties and heritage neighborhoods and derived from Ord. No. 13-S-58, § 1, adopted Dec. 10, 2013.

A.

Applicability. The purpose of a Development Agreement is to determine whether the City wishes to authorize a plan of development for land located within its ETJ, to prescribe land uses, environmental standards, development standards and public facilities standards governing development of the land for the term of the agreement, to provide for the delivery of public facilities to the property and to provide for annexation of the property to the City. A Development Agreement may be approved for land located in the ETJ of the City in accordance with LGC, Local Government Code § 212.172.

B.

Application Requirements.

1.

Application Required. Any application for a Development Agreement shall be accompanied by an application prepared in accordance with the Development Manual.

2.

Accompanying Applications. An application for a Development Agreement shall be accompanied by a preliminary plat prepared in accordance with section 21.12.7 of this UDC. Approval of a preliminary plat as part of a Development Agreement shall meet the requirements for preliminary plat approval under section 21.12.7.

C.

Processing of Application and Decision.

1.

Submittal. An application for a Development Agreement shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2.

2.

Preparation and Negotiation of Development Agreement. An application for a Development Agreement shall be prepared in accordance with LGC, Local Government Code § 212.172. After review by the City staff, the application and accompanying plans shall be transmitted to the office of the City Attorney for review. After appropriate review by all parties, a recommendation shall be forwarded to the Planning and Zoning Commission for review and recommendation. The City Council shall have the final authority for approval of a Development Agreement.

3.

Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation regarding a proposed Development Agreement to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the agreement. The Planning and Zoning Commission may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the recommendation to the City Council.

4.

Decision by City Council. The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed Development Agreement and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the Development Agreement. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. If the City Council approves the Development Agreement, it shall approve the agreement by appropriate action that authorizes the City Manager to execute the agreement on behalf of the City following execution by the property owner. Unless otherwise specified by the City Council, the property owner shall accept the Development Agreement and accompanying preliminary plat within ten (10) working days after the date the City Council's action is adopted. If not executed by the property owner within such period, the Council's approval shall be deemed void.

5.

Recording Development Agreement. The approved Development Agreement shall be recorded in the real property records of each county in which land subject to the agreement is located.

(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 24-S-14, § 1(Exh. B), 4-16-2024)

A.

Applicability.

a.

An application for a Utility Service Extension shall be required when a property owner seeks water or wastewater services from the City for a proposed project that is located within the City's service area(s), that is not required to plat or for which the platting requirement falls under a different jurisdiction than the City at the time of the proposed Utility Service Extension. Approval of an application for a Utility Service Extension authorizes the property owner to submit development applications consistent with the capacity of the utility facilities to be extended and, upon approval of the development applications, to construct extensions of the utility facilities in accordance with the terms of the approved Utility Service Extension application, as long as the City is allowed to make approvals consistent with agreements executed with other utility service providers.

b.

An application for a Utility Service Extension shall be required when a property owner seeks water or wastewater services from the City for a proposed project that is located outside the City's service area(s) that is not required to plat or for which the platting requirement falls under a different jurisdiction than the City at the time of the proposed extension and subsequent development. Approval of an application for a Utility Service Extension authorizes the property owner to submit development applications consistent with the capacity of the utility facilities to be extended and, upon approval of the development applications, to construct extensions of the utility facilities in accordance with the terms of the approved Utility Service Extension application, as long as the City is allowed to make approvals consistent with agreements executed with other utility service providers.

B.

Application Requirements.

1.

Application Required. Any application for Utility Service Extension shall be accompanied by a completed Development Application.

2.

Accompanying Applications.

a.

An application for Utility Service Extension for a proposed project that is not located within the City Limits may be accompanied by a request for voluntary annexation. The City may, at its option, elect to annex the property upon request or may delay the annexation until such time the City deems necessary to promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City.

b.

An application for Utility Service Extension may be accompanied by an application for a Subdivision Master Plan prepared in accordance with section 21.12.5. A Subdivision Master Plan may not be approved until final approval of the Utility Service Extension by the City Council.

c.

An application for Utility Service Extension for a proposed project that is not located within the City's service areas shall be accompanied by an approval for a Certificate of Convenience and Necessity (CCN) transfer through the Public Utility Commission (PUC) or appropriate Commission, as well as an updated Service Area Map and Capital Improvement Plan amendment for the proposed development and areas to be served in the future by the proposed utility service extension.

C.

Processing of Application and Decision.

1.

Submittal. An application for Utility Service Extension shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2.

2.

Review and Processing of Request. The City Manager or his/her designee shall circulate the application among applicable City departments for review and recommendation. The City Manager or his/her designee shall evaluate the request for consistency with the approval criteria and shall prepare a written recommendation to be forwarded to the City Council. The recommendation should include any comments received from other departments including, but not limited to, an analysis of the financial feasibility of extending services and any fiscal impacts on existing utilities from the extension.

3.

Decision by City Council. The City Council shall receive the written recommendation of the City Manager or his/her designee and shall decide whether to approve, approve with conditions, or deny the request for Utility Service Extension.

D.

Criteria for Approval. The City Council, in considering final action on a request for Utility Service Extension, should consider the following criteria:

1.

Whether the proposed development to be served by the extension is consistent with the Comprehensive Land Plan;

2.

Whether the extension is proposed to be constructed in accordance with all applicable City ordinances, resolutions, regulations and standards;

3.

For applications for service to property outside the City's service area(s) - Whether it is feasible to annex the property, and any intervening property which is needed for utility rights-of-way, into the City;

4.

Whether the utility extension would compromise the City's ability to timely provide adequate water or wastewater facilities to property inside the City;

5.

Whether the utility extension will lead to premature development that cannot be served efficiently and timely by roadway, drainage or park facilities;

6.

Whether the utility extension is financially feasible given the proposed means of financing the extension;

7.

Whether the utility extension will lead to significant degradation of water quality or other environmental resources, either from construction of the water or wastewater improvements, development of the property owner's land, or development of other land that may be served through the extended facilities;

8.

Whether the property owner proposes to extend wastewater facilities without utilizing City water facilities; and

9.

The extent to which the proposed agreement promotes the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City.

(Ord. No. 24-S-14, § 1(Exh. B), 4-16-2024)

A.

Applicability.

1.

The BOA shall have the ability to authorize, in specific cases, a variance from the zoning regulations of this UDC if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this UDC would result in unnecessary hardship, so that the spirit of this UDC is observed and substantial justice is done. A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district.

2.

Approval of a variance authorizes a property owner to submit subsequent development applications consistent with the approved variance.

B.

Application Requirements. Any request for a variance shall be accompanied by an application prepared in accordance with the Development Manual.

C.

Processing of Application and Decision.

1.

Submittal. An application for a variance shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a recommendation from any other appropriate City department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the BOA for consideration.

2.

Notification requirements. An application for a variance requires the following notification in accordance with section 21.4.3:

a.

Written notice; and

b.

Published notice.

3.

Decision by the BOA.

a.

The BOA shall receive the recommendation of the City Manager or his/her designee and shall hold a public hearing in accordance with section 21.4.4. The Board may vote to approve, approve with conditions, or deny the variance.

b.

The Board may, on its own motion or by request of the property owner, postpone consideration of the variance to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision.

c.

The approval shall be effective for a period of 180 days after the date of such approval. If no application for building permit is submitted within that time, the variance shall become null and void.

d.

The disapproval of a variance shall require compliance by the applicant, if applicable, within fifteen (15) days after the date of disapproval and upon written notification by staff.

D.

Criteria for approval. In order to make a finding of hardship and grant a variance from the zoning regulations of this UDC, the Board must determine the following:

1.

The requested variance does not violate the intent of this UDC or its amendments;

2.

Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district;

3.

The hardship is in no way the result of the applicant's own actions; and

4.

The interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions.

5.

In considering a variance as applied to a structure, the board may consider the following as grounds to determine whether an unnecessary hardship would result from compliance with the ordinance:

a.

The financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code;

b.

Compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur;

c.

Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;

d.

Compliance would result in the unreasonable encroachment on an adjacent property or easement; or

e.

The municipality considers the structure to be a nonconforming structure.

E.

Appeals of BOA Decisions. Any person or persons aggrieved by any decision of the BOA, or any taxpayer or any officer, department, board of the City may appeal a decision of the BOA regarding any variance request in accordance with section 21.3.4 of this UDC.

F.

Finding of fact. The board shall complete a finding of fact for variance or appeal to support its conclusion for each variance or appeal presented to it.

(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 23-S-27, § 1(Exh. A), 10-17-2023; Ord. No. 24-S-14, § 1(Exh. B), 4-16-2024)

A.

Purpose and Applicability. The purpose of an appeal is to contest an initial decision on a Development Application based upon alleged misapplication of the regulations contained within this UDC and the criteria for approval of the Development Application. An appeal may not be used to amend, vary or otherwise modify the standards of this UDC that apply to the Development Application. Any decision on a Development Application required by this UDC may be appealed to the Board, Commission or the City Council indicated within the procedures for each Development Application. The granting of an appeal supersedes the decision from which the appeal was taken and results in approval, conditional approval or denial of the Development Application for which the approval was sought.

B.

Appeal Requirements. Any person or persons aggrieved by any decision on a Development Application, or any marshal, officer, department, or board of the City may appeal a decision on a Development Application to the Board, Commission or the City Council responsible for consideration of the appeal as indicated in this UDC. An appeal shall contain a written statement of the reasons why the decision is erroneous, and shall be accompanied by a fee established by the City Council. An appeal by an applicant shall be accompanied by a copy of the Development Application on which the initial decision was rendered. An appeal may include any other documents that support the position of the appellant. A written appeal must be filed with the City Manager or his/her designee no later than twenty (20) days after the date of the decision on the Development Application.

C.

Processing of Appeal and Decision.

1.

Submittal. An appeal shall be submitted to the City Manager or his/her designee for processing of the Development Application being appealed. Upon receipt of a written appeal, the City Manager or his/her designee shall compile all documents constituting the record of the decision subject to appeal and transmit the record to the Board, Commission or the City Council responsible for considering the appeal.

2.

Stay of Proceedings. Receipt of a written appeal of a decision on a Development Application stays all proceedings of the City in furtherance of the decision from which appeal is taken, including without limitation acceptance, processing or issuance of any subsequent development applications, and any development activities authorized by initial approval of the Development Application. The stay shall be lifted only if the City Manager or his/her designee certifies in writing to the Board, Commission or the City Council responsible for consideration of the appeal that a stay would cause imminent peril to life or property. Thereafter, the stay may be reinstated only by order of the Board, Commission or the City Council responsible for consideration of the appeal or a court of record, on application, after notice to the City Manager or his/her designee, for due cause shown.

3.

Notification Requirements. An appeal requires the following notification in accordance with section 21.4.3:

a.

Written notice; and

b.

Published notice.

4.

Decision on Appeal. The Board, Commission or the City Council responsible for consideration of the appeal shall hold a public hearing and decide the appeal not later than the next meeting for which notice can be provided and not later than the 60 ^th day after the date the appeal is filed. The Board, Commission or the City Council responsible for consideration of the appeal shall affirm, reverse or modify the decision from which the appeal was taken.

5.

Notification of Decision on Appeal. The property owner and the applicant for the Development Application under appeal shall be notified of the decision on the appeal in accordance with section 21.4.5.

D.

Criteria for Approval. In deciding the appeal, the Board, Commission or the City Council responsible for consideration of the appeal shall apply the same criteria that govern the initial decision on the Development Application under the provisions of this Article.

E.

Expiration and Extension. For purposes of determining expiration or extension periods under this UDC, the date the Board, Commission or the City Council responsible for consideration of the appeal grants relief on the appeal is the date on which the Development Application is deemed approved.

1.

Once the Board, Commission or the City Council grants relief on the appeal, a new Development Application or permit application shall be submitted within 180 days after the date of such approval or the appeal shall become null and void.

2.

The disapproval of an appeal shall require compliance by the applicant, if applicable, within fifteen (15) days after the date of disapproval and upon written notification by staff.

(Ord. No. 24-S-14, § 1(Exh. B), 4-16-2024)

A.

Applicability. The provisions of this section applies to the construction of any public infrastructure improvements.

B.

Processing of Construction Plans and Decision.

1.

Submittal. Construction plans shall be submitted to the City Manager or his/her designee prior to construction of public infrastructure improvements. Submittal of construction plans shall be in accordance with the Engineering Department's permitting requirements.

2.

Decision by the City Manager. The City Manager or his/her designee may approve, approve with conditions, or deny the construction plans.

3.

Criteria for Approval. The City Manager or his/her designee, or the City Council on appeal, shall apply the following criteria in making a decision on the construction plans:

a.

The construction plans are consistent with the approved preliminary plat or the proposed final plat in the event that the public infrastructure improvements are in relation to a plat; and

b.

The construction plans conform to all applicable regulations pertaining to the construction and installation of public infrastructure improvements.

4.

Expiration. The approval of construction plans shall remain in effect for two years after the date the construction plans were approved by the City Manager or his/her designee. If construction of the project has not commenced during the two year period, approval of the construction plans shall expire. For public infrastructure improvements that are associated with a final plat, approval of the construction plans shall remain in effect for the time that approval of the final plat is in effect and shall expire when approval of the final plat expires, unless an extension is granted, pursuant to Section 21.4.15.B.5, Extension.

5.

Extension. At the written request of the property owner or their representative, the expiration date for the approval of construction plans may be extended by the City Manager or his/her designee for a period not to exceed six (6) months. In no case shall the construction plan extension be later than the final plat expiration.

C.

Timing of Public Infrastructure Improvements.

1.

Completion Prior to Final Plat Recordation. For public infrastructure improvements associated with a proposed subdivision or development, except as provided below, completion of the improvements shall be in accordance with the approved construction plans and shall occur before an approved final plat is recorded, unless the obligation to construct public infrastructure improvements has been deferred and an improvement agreement is executed. Other infrastructure including all electric utility services necessary to serve the development shall be installed within the development prior to plat recordation.

2.

Installation after Final Plat Recordation. The property owner or applicant may request to defer the obligation to construct and install one (1) or more public improvements to serve the associated subdivision until after final plat recordation. The request shall be submitted in writing and specify what is being requested for deferral. Deferral of the obligation to install public improvements shall be conditioned on execution of an improvement agreement and provision of sufficient security. The City Manager or his/her designee may approve or deny the request to defer installation of public infrastructure improvements.

3.

Off-Site Easements. All necessary off-site easements required for installation of off-site public improvements to serve the subdivision or development shall be acquired by the subdivider or developer and conveyed solely to the City by an instrument approved by the City.

D.

Inspection and Acceptance of Public Infrastructure Improvements.

1.

Inspections. Inspection of the public infrastructure improvements shall be conducted by the Engineering Department. Construction shall be in accordance with the approved construction plans. Any significant change in design required during construction shall be subject to approval by the City Manager or his/her designee.

2.

Submission of As-Built Plans or Record Drawings. The City shall not accept dedication of required public improvements until the applicant has submitted detailed "as-built" record drawings in accordance with Engineering Department's requirements and the Public Works Specification Manual.

3.

Acceptance of Improvements. When the City Manager or his/her designee has determined that the public infrastructure improvements have been installed in accordance with the approved Construction Plans, the City Manager or his/her designee shall accept such improvements on behalf of the City. Acceptance of the improvements shall mean that the property owner has transferred all rights to all the public improvements to the City for use and maintenance. Upon acceptance of the required public improvements, the City Manager or his/her designee shall have a certificate issued to the property owner stating that all required public improvements have been satisfactorily completed.

E.

Maintenance and Warranty of Improvements.

1.

Maintenance During Construction. The developer shall maintain all required public improvements during construction of the development.

2.

Bond. The developer or owner shall covenant to warranty the required public improvements for a period of two (2) years following acceptance by the City of all required public improvements or following the date of plat recordation, whichever occurs later. A warranty bond shall be provided in the amount of 20% of the costs of the improvements for such period. All public improvements shall be bonded.

F.

Improvement Agreements.

1.

Obligations Under Agreement. Whenever public improvements to serve development are deferred until after recordation of the final plat, the property owner shall enter into an Improvement Agreement and provide adequate security as determined by the City Manager or his/her designee.

The Improvement Agreement shall be subject to review and approval by the City Manager or his/her designee and the City Attorney. The agreement shall contain the following provisions:

a.

covenants to complete the improvements be no later than two (2) years after approval of the final plat, unless otherwise stipulated in the terms and conditions of the Improvement Agreement;

b.

covenants to warranty the required public improvements for a period of two (2) years following acceptance by the City of all required public improvements, unless stated otherwise in the Improvement Agreement;

c.

covenants to provide a warranty bond in the amount of 20% of the costs of the improvements for such period, unless stated otherwise in the Improvement Agreement;

d.

provisions for participation in the costs of the improvements by the City, if authorization has been obtained from the City Council, and a performance bond for such improvements from the contractor;

e.

provisions for securing the obligations of the agreement consistent with subsection G below; and

f.

such other terms and conditions as are agreed to by the City and the property owner, or as may be required by this UDC.

2.

Covenants to Run with the Land. The Improvement Agreement shall provide that the covenants contained in the Agreement run with the land and bind all successors, heirs and assignees of the property owner. All existing owners and lienholders shall be required to execute the Agreement or provide written consent to the covenants contained in the Agreement.

G.

Security for Completion of Improvements.

1.

Security. Whenever the property owner has entered into an Improvement Agreement to defer installation of public improvements, the property owner shall provide sufficient security for completion of the required public improvements. The security shall be in the form of a cash escrow, a performance bond or surety bond provided by a licensed surety company, or other security as approved by the City Manager or his/her designee.

2.

Amount and Acceptability. The security shall be issued in the amount of 125% of the estimated cost of completion that is approved by the City Manager or his/her designee for the required public infrastructure improvements. The terms of the security agreement shall be subject to the approval of the City Manager or his/her designee and the City Attorney.

3.

Remedies. Where an Improvement Agreement has been executed and security has been posted and required public improvements have not been installed in accordance with the terms of the agreement, the City may:

a.

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 Agreement is declared to be in default;

b.

obtain funds under the security and complete the improvements itself or through a third party; or

c.

assign its right to receive funds under the security to any third party, including a subsequent owner of the development in exchange for the subsequent owner's agreement and posting of security to complete the public infrastructure improvements.

(Ord. No. 17-S-41, § 1(Exh. A), 10-24-2017; Ord. No. 24-S-14, § 1(Exh. B), 4-16-2024)

Editor's note— Ord. No. 17-S-41, § 1(Exh. A), adopted Oct. 24, 2017, amended § 21.4.15, and in so doing changed the title of said section from "Public infrastructure improvement, construction plans and community facilities agreements" to "Public infrastructure improvements, construction plans, and improvement agreements," as set out herein.

A.

Applicability. An application for a building permit is required within the City corporate limits, or where provided for in a Development Agreement, in the City's ETJ, prior to the placement, construction or alteration of a building or structure. Approval of an application for a building permit authorizes the property owner to construct, alter or place a structure on the lot, tract or parcel. Approval of an application for a building permit also authorizes the property owner, upon completion of a structure intended for human occupancy, to make application for a certificate of occupancy.

B.

Application Requirements. Any request for a building permit shall be accompanied by an application prepared in accordance with requirements of the building inspections division. The City Manager or his/her designee shall be responsible for determining the form and content of the building permit application.

C.

Processing of Application and Decision.

1.

Submittal. An application for a building permit shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall review the permit for compliance with all adopted building codes and regulations and shall provide written notification of any items requiring correction or attention within forty-five (45) days after submittal of a complete application.

2.

Decision by the City Manager. The City Manager or his/her designee may approve, approve with conditions, or deny the building permit.

3.

Appeals. Any person or persons aggrieved by any decision of the City Manager or his/her designee, or any taxpayer or any officer, department, or board of the City may appeal the decision of the City Manager or his/her designee to the Building and Standards Commission.

D.

Criteria for Approval. The City Manager or his/her designee shall apply the following criteria in deciding the application for a building permit:

1.

The application generally conforms to all prior approved development applications for the property and any variance petition authorizing variation from the standards otherwise applicable to the permit;

2.

The location of the structure on the property is in accordance with all prior approved development applications;

3.

The proposed plan for construction or alteration conforms to the Building Code and other applicable construction codes adopted by the City;

4.

All applicable fees, including impact fees, have been paid;

5.

A final plat of the property has been recorded in the appropriate County plat records; and

6.

All public infrastructure required has been installed and accepted by the City and all electric, gas, telephone and cable utility services necessary to serve the development have been installed within the development.

E.

Issuance. No building permit shall be issued on property that is not a lot of record with the following exceptions:

1.

Additions to existing structures not exceeding twenty-five percent(25%) of the building at the time of the adoption of this UDC; and

2.

Interior finish out or improvements to existing structures.

(Ord. No. 17-S-40, § 1(Exh. A), 10-24-2017; Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 24-S-14, § 1(Exh. B), 4-16-2024)