Smithville City Zoning Code
PART 5
PROCEDURES
§ 5.1 Decision Agents.
5.1.1
Planning and Zoning Commission.
A.
Creation.
1.
There is hereby created and established for the City of Smithville, Texas, a planning and zoning commission which shall be composed of five (5) members.
2.
The members shall be resident citizens, taxpayers, and qualified voters of the city, all of who shall be appointed by the city manager subject to confirmation by the governing body.
3.
All vacancies shall be filled in the same manner as provided for the original appointments.
4.
Members of the commission may be removed by the city manager, with the consent of the governing body,[.]
B.
Appointment.
1.
The members of the commission shall serve without compensation.
2.
The members of the planning and zoning commission first appointed shall continue their term of office as specified as being concurrent with the term of office of the elected mayor, and thereafter for a term of two (2) years.
3.
Members shall attend all meetings. More than three (3) absences from Planning and Zoning Commission meetings in one calendar year shall be cause for removal from the Commission.
C.
Offices and Powers.
1.
The planning and zoning commission shall elect a chairman and vice-chairman from its membership every two years at reappointment time and shall have power to employ such qualified persons as may be necessary for the proper conduct and undertakings of the commission and to pay for their services and such other necessary expenses, provided that the cost of such services and expenses shall not exceed the amount appropriated by the governing body for the use of the commission.
2.
It shall also have the power to make rules, regulations, and bylaws for its own government, which shall conform as nearly as possible with those governing the governing body and same shall be subject to approval by such City Council. Such bylaws shall include, among other items, provisions for:
3.
The planning and zoning commission shall have the power and it shall be its duty to make and recommend for adoption a comprehensive plan, as a whole or in parts, for the future development and redevelopment of the municipality and its extraterritorial jurisdiction, to make recommendations to the City Council for approval or disapproval of plats, and shall have power and it shall be its duty to prepare a comprehensive plan and ordinance for zoning the city in accordance with Chapter 213, Texas Local Government Code. The commission shall perform such other duties as may be prescribed by ordinance or state law.
5.1.2
Zoning Board of Adjustment.
A.
Governing Body Acting as Board of Adjustment.
Pursuant to Texas Local Government Code § 211.008(g), the members of the City Council of the City of Smithville have the authority to act as the Board of Adjustment, or the Board, under Chapter 211, Texas Local Government Code.
B.
Terms.
Each member of the Board shall serve a two-year term, to run concurrently with his or her term of office as members of the governing body of the city.
E.
Rules and regulations.
1.
All orders and other enactments adopted by the Board shall be in accordance with this appendix and its rules and regulations.
2.
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, of if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions.
3.
Each case shall be heard by at least five Board members. When five members hear a case, the concurring vote of four members of the Board shall be necessary to: (1) reverse any order, requirement, decision or determination of an administrative official, or (2) to decide in favor of the applicant on any matter upon which the Board is authorized to act. When six members hear a case, the concurring vote of five members of the Board shall be necessary to: (1) reverse any order, requirement, decision or determination of an administrative official, or (2) to decide in favor of the applicant on any matter upon which the Board is authorized to act.
4.
A motion may be made by any member other than the presiding officer.
F.
Powers of the Board of Adjustment.
1.
The Board of Adjustment has the authority to:
a.
hear and decide appeals when error is alleged in any order, requirement, decision or determination made by an administrative official in enforcement of the act or zoning ordinance;
b.
hear and decide special exceptions as allowed or required by the zoning ordinances, in appropriate cases and subject to appropriate conditions and safeguards, in harmony with the general purpose and intent, and in accordance with general or specific rules contained in the various city ordinances; and
2.
Authorize in specific cases variances from the terms of this Ordinance in accordance with Section 5.5. Each case before the board of adjustment must be heard by at least 75 percent of the members.
3.
Before the tenth day before the hearing date, written notice of each public hearing before the Board of Adjustments on a request for variance shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the request for variance is made. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. Responses to such notices shall be duly noted and entered into the minutes of the Board of Adjustment hearing.
4.
In exercising its authority to decide an appeal, the Board may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken, and make the correct order, requirement, decision, or determination, and for that purpose the Board has the same authority as the administrative official.
5.
The concurring vote of at least 75 percent of the members of the Board is necessary to:
G.
Procedure for appeals to the Board.
1.
Appeal to Board.
b.
The appellant must file with the City Secretary, specify the grounds for the appeal, and pay a filing fee as may be prescribed by the City Council. Such shall be filed with the City Secretary within 30 days after the action complained of was committed. On receiving the notice, the City Secretary and administrative or building official shall transmit to the Board all the papers constituting the record of the action that is appealed.
c.
An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the Board facts supporting the official’s opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by a court of record.
d.
The Board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The Board shall decide the appeal within a 60-day period from the filing of the appeal.
e.
A member of the City Council may not appeal a decision by an administrative official to the Board.
2.
Final Decision.
The Board’s final decision shall be immediately filed with the City Secretary. The time and date that the Board’s final decision is filed with the Board’s office shall be stamped on the face of the decision.
H.
Limitations.
1.
No appeal under this article may be filed by the same applicant within 365 days of the date upon which the Board denied such appeal, request or application, unless other property in the immediate vicinity has, within the 365-day period, been changed or acted on by the Board so as to alter the facts and conditions upon which the previous Board action was based. Such change of circumstances shall permit the rehearing of an appeal, request or application by the Board prior to the expiration of the 365-day period, but such conditions shall in no way have any force in law to compel the Board to reconsider the appeal, request or application. Such subsequent rehearing shall be considered entirely on its merits and the peculiar and specific conditions related to the property with reference to which such proceeding is brought.
2.
Any appeal, request or application approved by the Board, either under the provision of this appendix or under the authority granted to the Board under the statutes of the State of Texas, shall authorize the issuance of a Building permit or a certificate of occupancy, as the case may be, for a period of ninety days from the date of the favorable action on the party of the Board unless the Board in its minutes shall, at the same time, approve a longer period. If an application for such building permit or certificate of occupancy is not filed within the 90-day period or such extended period as the Board may specifically approve, then the approval of the appeal or variance shall be deemed waived and all rights there under terminated. Such termination and waiver shall be without prejudice to a subsequent appeal, request or application to the Board in accordance with the rules and regulations herein contained.
I.
Appeals from the Board of Adjustment.
Any person or persons, jointly or severally, aggrieved by any decision of the Board or any taxpayer, or any officer, department, or board of the city may present any such matter to a court of competent jurisdiction for review after the final action of the Board thereon and in the manner and upon the terms provided by the laws of the state.
5.1.3
Airport Zoning Board.
A.
Subject to like provisions being made by the Commissioners Court of Bastrop County, Texas, by proper order, duly promulgated and entered on its minutes, and as authorized by the provisions of Chapter 391 of the Acts of the Regular Session of the 50th Legislature, 1947, there is hereby created a joint airport zoning board, to be known as the Smithville-Bastrop County Joint Airport Zoning Board, which shall have the powers and exercise the duties set forth in Section 2 and 3 of Chapter 391 of the Acts of the Regular Session of the 50th Legislature, 1947.
B.
The Smithville-Bastrop County Joint Airport Board shall be composed of five (5) members, two (2) to be appointed by the City Council of the City of Smithville, Texas, and two (2) members appointed by the Commissioners Court of Bastrop County, Texas. The fifth member shall be elected by a majority of the members so appointed and said fifth member shall serve as chairman of the said Smithville-Bastrop County Joint Airport Zoning Board.
(Ordinance 2018-555 adopted 10/16/18)
§ 5.2 Zoning Review Procedure, Including Notice and Public Hearings.
The City Council may, from time to time, amend, supplement, or change by ordinance, the text of the zoning ordinance, the zoning district boundaries of the zoning district map or the zoning district classification of property whenever the public necessity, convenience, general welfare or good zoning practice requires.
5.2.1
INITIATION.
A.
Zoning map or text amendments, excluding Planned Development Districts, may be initiated by:
B.
Planned Development Districts may be initiated by:
1.
The owner(s) of at least 51 percent of the land, by land area, in the proposed district by application
2.
At least 51 percent of the owners of individual properties in the proposed district by application
3.
City Council by resolution
4.
Planning and Zoning Commission by recommendation to the City Council
C.
Special Use Permits may be petitioned by the property owner or the owner’s agent by application.
D.
Variances may be petitioned by the property owner or the owner’s agent by application.
E.
All petitions, applications, recommendations, or proposals for zoning shall be filed with the City Secretary.
5.2.2
APPLICATION SUBMITTAL AND COMPLETENESS REVIEW.
A.
The following shall be universal requirements for all applications under this Section 5.2:
2.
Certificate of agency or power of attorney if someone other than the owner submits the application.
3.
Names of all property owners, as shown on current tax records, within 200 feet of the subject property.
4.
Any and all covenants binding the property, including a map and legal description of the area(s) affected.
5.
Legal description and exhibit of the property showing the property boundary.
6.
Identification of all pending zoning applications for the property, including legislative and quasi-judicial applications, if any.
7.
All accompanying applications, if filing concurrently.
B.
No application shall be reported as complete, and no notification of filing shall be given, unless all fees associated with the application have been received by the city manager.
C.
The fees associated with zoning applications are maintained by the city manager.
D.
No application shall be processed until the city manager determines that the application is complete, and the required fees have been paid.
E.
The application shall be considered officially filed only after it is accepted by the city manager and found to be in compliance with the Submittal Requirements.
5.2.3
NOTICE FOR PUBLIC HEARINGS.
A.
Notice required for a public hearing before the Planning and Zoning Commission or the City Council for a zoning change, amendment, special use permit, or variance shall be given by the City Secretary by:
5.2.4
REVIEW PROCEDURE.
A.
Planning and Zoning Commission Hearing and Recommendation.
1.
The Planning and Zoning Commission shall hold a public hearing on an application under this Section 5.2 not later than thirty (30) days after the date the application is filed.
2.
The Planning and Zoning Commission shall make a recommendation to City Council on the application not later than the 14th day after the Commission closes the public hearing on the application.
4.
If the Planning and Zoning Commission does not adopt a recommendation on the application, the city manager shall forward the application to City Council without a recommendation from the Commission.
B.
City Council Hearing and Recommendation.
1.
City Council shall hold a public hearing on a zoning application not later than the thirtieth (30th) day after the date of the recommendation of the Planning and Zoning Commission.
3.
If a protest against an application is signed by the owners of twenty (20) per cent or more of either the area of lots included in such proposed action or of those immediately adjacent to or within two hundred (200) feet of such lots, such action shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Council.
4.
If the City Council has refused to grant a proposed amendment, supplement, change or modification in the boundaries of any zoning district, such amendment, supplement, change or modification in the boundaries of such zoning district shall not be submitted again prior to the expiration of twelve (12) months from the date of the order or decision of the City Council against such zone change.
5.2.5
RECORDING PROCEDURE.
A.
For initial property zoning, rezoning, planned development district designations, overlay districts and any other amendments:
1.
The ordinance amending the zoning of real property shall be filed in accordance with the City’s recording and filing procedures for Ordinances.
2.
When the zoning classification involves changes to the existing zoning district boundaries, the form of the amending ordinance shall contain a narrative description of the land to be reclassified or reference to an accompanying plat or map of such land showing the new zoning classifications and indicating their boundaries.
3.
The attested ordinance shall serve as a record of the current zoning status until such time as the zoning map can be changed.
B.
For Special Use Permits and Variances: A certified copy of all resolutions authorizing a Special Use Permit or a Variance shall be recorded at the expense of the applicant in the name of the property owner as grantor in the office of the City Secretary.
(Ordinance 2018-555 adopted 10/16/18)
§ 5.3 Planned Development Districts.
5.3.1
Creation:
The City Council, after public hearing and proper notice to all affected property owners and after recommendation by the planning and zoning commission, may authorize the creation of a Planned Development District on sites of two and a half (2.5) acres or more to accommodate various types of development and conditions of development for any use or combination of uses permitted by this Ordinance. The uses to be permitted in any specific Planned Development District shall be enumerated in the Ordinance establishing such district and shown on the approved plan for development which becomes part of said Ordinance.
5.3.2
Development Schedule:
An application for a Planned Development District shall, if the applicant desires, or the planning and zoning commission or City Council requires, be accompanied by a development schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule if adopted and approved by the City Council shall become part of the development plan and shall be adhered to by the owner, developer and his successors in interest.
5.3.3
Annual Development Report:
Annually, where a development schedule has been required, the building inspector shall report to the City Council the actual development accomplished in the various Planned Development Districts as compared with the development schedule.
5.3.4
Failure to Meet Development Schedule:
The planning and zoning commission may, if in its opinion the owner or owners of property are failing or have failed to meet the approved schedule, initiate proceedings to amend the Zoning District Map or the planned development by removing all or part of the Planned Development District from the Zoning District Map and placing the area involved in another appropriate zoning district. Upon the recommendation of the planning and zoning commission and for good cause shown by the owner and developer, the City Council may also extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions of the case.
5.3.5
Development Plan Required:
An application for a Planned Development District shall include and be accompanied by a development plan which shall become a part of the amending ordinance and shall be referenced on the Zoning District Map. Changes in the development plan shall be considered the same as changes in the Zoning District Map and shall be processed as required, except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor area ratio, height, or coverage of the site, or which do not decrease the off street parking ratio, or reduce the yards provided at the boundary of the site as indicated on the approved development plan may be authorized by the planning and zoning commission. Any applicant may appeal the decision of the planning and zoning commission to the City Council for review and decision as to whether an amendment to the planned development district ordinance shall be required. All uses shown on the development plan shall be mutually exclusive.
5.3.6
The Development Plan shall include:
A.
A scale drawing showing any proposed public or private streets and alleys; building sites or building lots; any areas proposed for dedication or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes; the points of ingress and egress from existing public streets on an accurate survey of the boundary of tract and topography with a contour interval of not less than five (5) feet or spot grades where the relief is limited.
B.
Where multiple types of land uses are proposed, a land use plan delineating the specific areas to be devoted to various uses shall be required.
C.
Identification of the base zoning districts assigned to each parcel or lot within the Planned Development District (PDD). If more than one base zoning district is being assigned, a map shall be included which shows which base zoning district is applied to each parcel or lot within the PDD boundary.
D.
Where building complexes are proposed, a site plan showing the location of each building and the minimum distance between buildings, and between buildings and the property line, street line and/or alley line shall be submitted. For buildings more than one (1) story in height, except single-family and two-family residences, elevations and/or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors and exposures for access, light and air.
E.
A plan indicating the arrangement and provision of off street parking and off-street loading where required. Such a plan may be presented as a ratio of off-street parking and off-street loading area to building area when accompanied by a typical example indicating the feasibility of the arrangement proposed and when the area where the example would be applied are dimensioned on the drawing of the entire site. Any special traffic regulation facilities proposed or required to assure the safe function of the circulation plan shall also be shown.
F.
A designation of the maximum building coverage of the site shall be indicated upon the site plan.
G.
Screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall, when required, include screening walls, ornamental planting, playgrounds, wooded areas to be retained, lawns and gardens if such are determined to be necessary by the City Council. A masonry wall or other equivalent noise attenuating barrier shall be placed to separate all uses and activities on non-residential properties, including parking areas, from adjacent residential uses.
H.
Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the city administrator and interpretation of the building inspector.
5.3.7
Development Conditions:
Every Planned Development District approved under the provisions of this Ordinance shall be considered as an amendment to the Zoning Ordinance as applicable to the property involved. In carrying out the development of a Planned Development District, the development conditions and the development schedule, if required, shall be complied with and such conditions as are specified for the development of a Planned Development District shall not be construed as conditions precedent to the granting of a certificate of occupancy and compliance as required in this Ordinance.
5.3.8
PDD Modifications:
Changes in land use defined in a PDD are considered major modifications and shall require City Council approval of an amendment to the PDD. All other modifications which do not involve a change in land use are considered minor and may be approved administratively in writing by the City Manager.
(Ordinance 2018-555 adopted 10/16/18; Ordinance 2022-614 adopted 1/10/22)
§ 5.4 Special Use Permits (SUPs).
5.4.1
Special use permits are intended to allow for certain uses that are not permitted in a particular zoning district by right, but which may be permitted under certain circumstances and application of certain conditions. Such special uses shall be permitted through the issuance of a Special Use Permit (SUP).
5.4.2
The special use is granted only to the applicant and is limited to that which is specifically described in the special use permit application, as amended and approved by the Planning and Zoning Commission and the City Council.
5.4.3
Special Use Permits require an annual renewal, for which there is an annual renewal fee, for the permit to remain in effect. Rates are established by resolution of the City Council and are on file in the office of the City Secretary.
5.4.4
The permit must be completed within six months of the date approved by City Council or the permit becomes null and void and the applicant must reapply for the special use, thereby starting the process over in its entirety, including cost.
5.4.5
Whenever a special use permit is required, the planning and zoning commission may require a special use permit application to be accompanied by a site plan showing existing improvements on the land and proposed development of the property. The application shall provide the following information:
A.
Date, scale, north point, title, name or owner and name of person preparing plan;
B.
Location of existing boundary lines and dimensions of the tract;
C.
Centerline of existing water courses, drainage features, and location and size of existing and proposed streets and alleys;
D.
Location and size to the nearest one-half (1/2) foot of all proposed buildings and land improvements;
E.
Clear designation of areas reserved for oil [off] street parking and for off-street loading; the location an[d] size of points of ingress and egress; and the ratio of parking space to floor space.
5.4.6
The special permit application shall go before the Planning and Zoning Commission and the City Council, following the same procedure as a zoning amendment, as defined in [section] 5.2 Zoning Review Procedure.
(Ordinance 2018-555 adopted 10/16/18)
§ 5.5 Variances.
5.5.1
In specific cases and after receiving a recommendation from the Planning and Zoning Commission, the City Council, sitting as the Board of Adjustment pursuant to Texas Local Government Code § 211.008(g), may authorize a variance from the terms of this Ordinance, provided that the City Council shall have no power to grant a variation of the use of buildings and land.
5.5.2
An application for a variance shall go before the Planning and Zoning Commission and the City Council, following the same procedure as a zoning amendment, as defined in [section] 5.2 Zoning Review Procedure.
5.5.3
Considerations by the City Council:
A.
The City Council may authorize a variance from these regulations if and only if the City Council determines all of the following:
B.
For land being used or developed for a reason other than a homeowner building or improving the homeowner’s residence
(1)
In a case pertaining to a variance related to a structure, the City Council may consider the following as grounds to determine whether compliance with the ordinance would result in an unnecessary hardship:
(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 of the municipality under Section 26.01, Texas 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 non-conforming structure.
C.
In granting a variance, the City Council shall prescribe only conditions that it deems necessary to or desirable in the public interest.
D.
In making the findings hereinbelow required, the City Council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the area, and the probable effect of such variance upon traffic conditions and upon the public health, safety, and general welfare in the vicinity.
E.
Variances may be granted only when in harmony with the general purpose and intent of this Ordinance so that the public health, safety, and welfare may be secured, and substantial justice be done.
F.
The findings of the City Council made in granting a variance, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the City Council meeting at which such variance is granted.
5.5.4
Lapse of Variance.
A.
Any rights authorized by a variance which are not exercised within one year from the date of granting such variance shall lapse and may be reestablished only after a new application, notice and hearing pursuant to this Section 5.5.
B.
The City Council may waive the requirement for the payment of fees for such variance renewal application if there has been no material change of conditions pertaining to the property since the granting of the first variance.
(Ordinance 2018-555 adopted 10/16/18; Ordinance 2022-615 adopted 2/14/21)
§ 5.6 Appeals.
5.6.1
Appeals from action of the City Council: Any person or persons, jointly or severally, aggrieved by any decision of the City Council or any taxpayer or any officer, department, board or bureau of the municipality may present to a court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision at City Hall.
5.6.2
Upon presentation of such petition the court may allow a writ of certiorari directed to the City Council and shall prescribe therein the time within which a return thereto must be made and served upon the realtor’s attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the City Council and on due cause shown, grant a restraining order.
5.6.3
The City Council shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
5.6.4
If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with its findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. The Court may reverse or affirm wholly or partly, or may modify the decision brought up for review.
5.6.5
Costs shall not be allowed against the Council unless it shall appear to the Court that it acted with gross negligence or in bad faith, or with malice in making the decision appealed from.
(Ordinance 2018-555 adopted 10/16/18)
§ 5.7 Vested Rights Petition.
5.7.1
Purpose, Applicability and Effect.
A.
This Section 5.7 establishes criteria for determining whether a project is entitled to vested rights under Chapter 245 or Section 43.002 of the Texas Local Government Code.
B.
A vested rights petition may be filed relating to a development application required by the City which has been filed in accordance with Chapter 245 of the Texas Local Government Code, or successor statute. A vested rights petition must not be filed with a petition for a text amendment, a zoning map amendment, or any other request for a legislative decision by the City Council.
C.
Upon the granting of a vested rights petition in whole or in part, the city manager shall process all development applications that are the subject of the petition in accordance with the ordinances and development standards stated in the order or decision granting of petition.
5.7.2
Petition Requirements.
A.
Who May Petition.
A vested rights petition may be filed with any application for a permit which is required by the City, related to buildings, land subdivision or land development, by a property owner, or the owner’s duly authorized representative.
B.
Form of Petition.
The vested rights petition must allege that the petitioner has rights relating to some, or all, of the land which is the subject of the application, under Texas Local Government Code, Chapter 245 or successor statute, or pursuant to Texas Local Government Code, Section 43.002 or successor statute, that requires the City to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The petition must include the following information and documents:
1.
A summary of the grounds for the petition, including a statement as to whether the petition asserts a vested right related to a specific standard or to an entire project;
2.
The date on which the applicant claims that vested rights accrued and a copy of each approved or pending application, permit, fair notice, or other document which is the basis for the contention;
3.
The official submission date of the development application;
4.
The date the project for which the development application was submitted was commenced;
5.
Identification of all current standards from which relief is sought;
6.
A narrative description of how the application of current standards affects the proposed development plan or use of the land on the application for which the petition is filed;
7.
A copy of any prior vested rights determination involving the same land; and
8.
Whenever the petitioner alleges that a development application which is subject to expiration should not be terminated, a description of the events evidencing a progression toward completion of the project for which the development application was approved.
C.
Time for Filing Petition.
A vested rights petition must be filed at the same time as an application for which a vested right is claimed, except that the petition may also be filed before the date of expiration of any development application. Where more than one application is authorized to be filed simultaneously, the petition may be filed simultaneously with each application.
5.7.3
Processing of Petitions and Decision.
B.
Initial Decision.
The city manager shall determine whether the relief requested in the vested rights petition should be granted in whole or in part, and shall formulate a written report summarizing the Initial Decision-Maker’s reasoning and setting forth the decision on the petition.
C.
Appeal of Decision on Petition.
The applicant may appeal the city manager’s decision on the vested rights petition to the city council sitting as the Board of Adjustment in accordance with Section 5.1.2.
D.
Effect on Related Applications.
A copy of the final decision on the vested rights petition (or appeal) under this Section 5.7 must be submitted as part of the application requirements for any related and subsequently filed plat or development application. No related application will be accepted as complete without such a final decision having been rendered, and without the submission of the final decision documentation having been included with the application.
5.7.4
Action on Petition and Order.
A.
Action on the Petition.
Not later than fifteen business days after acceptance of a complete vested rights petition, the city manager shall review the petition, using the Criteria for Approval under Section 5.7.5 and render a determination. The city manager may take any one of the following actions:
1.
Grant the relief requested in the petition, and direct that the application be reviewed and decided in accordance with the standards contained in identified prior regulations;
2.
Grant the relief requested in part, and direct that certain identified current standards be applied to the application, while standards contained in identified prior regulations also shall be applied;
3.
Deny the relief requested in the petition, and direct that the application be reviewed and decided under currently applicable standards; or
4.
Specify the expiration date or the conditions of expiration for the development application(s), if no expiration date was specified for the initial development application.
B.
The city manager may approve a petition in part if a project is legally entitled to some, but not all, of the rights asserted in the petition, or if a change in the scale or intensity of development is necessary to maintain conformity with the original project. A vested rights determination may not waive or modify applicable regulations or provide relief which is not provided for through Chapter 245 or Section 43.002 of the Texas Local Government Code.
C.
Order on Petition.
The city manager shall issue a written report and decision on the vested rights petition which shall include statements, findings, and determinations on the following:
1.
The nature of the relief granted, if any;
2.
The approved or filed application(s) upon which relief is premised under the petition;
3.
Current standards which shall apply to the application for which relief is sought, if applicable;
4.
Prior standards which shall apply to the application for which relief is sought, including any procedural standards, if applicable;
5.
The statutory basis or other grounds upon which relief is denied in whole or in part on the petition;
6.
To the extent feasible, subsequently filed related applications that are subject to the same relief granted on the petition; and
7.
For petitions where no expiration of application approval was indicated, the date of expiration of the development application.
5.7.5
Criteria for Approval.
A.
Deciding a Vested Rights Petition.
The decision-maker, whether the city manager or the city council, shall decide a vested rights petition pursuant to the criteria described in this Section 5.7.5.
B.
General Standard.
A permit application may be approved and the project granted rights under Chapter 245 and Section 43.002 of the Local Government Code if approval of the permit is required to initiate, continue, or complete a project for which a prior permit or fair notice application was submitted to the City. An application may not be approved if the permit is unrelated to or inconsistent with the original project or if the original project has been completed, changed, or expired.
C.
Review Criteria.
In determining the relief to be granted, if any, on a vested rights petition that alleges rights under Chapter 245 or 43.002 of the Texas Local Government Code, the decision-maker shall consider the following factors, where applicable:
1.
The nature and extent of proposed development shown on the prior permit or other application that initiated the project for which vested rights are claimed;
2.
Whether the permit application submitted in connection with the vested rights petition is related to, and consistent with, the original project;
3.
The nature and extent of prior development of the property, including any permitting or construction activity that occurred subsequent to the vesting date requested by the applicant;
4.
Any prior vested rights determinations made for development of the property;
5.
Whether current standards adopted after commencement of the project affect the proposed use of the land, landscaping, tree preservation, open space, park dedication, lot size, lot dimensions, lot coverage, or building size based upon the proposed application;
6.
Whether any statutory exception applies to the standards in the current code of ordinances from which the applicant seeks relief; and
7.
Whether any prior approved applications relied upon by the petitioner have expired.
5.7.6
Application Following Final Decision on Petition.
A.
After the City has reached a final decision on a vested rights petition, the property owner must revise the application for which relief was sought to conform said application to the final decision, unless the relief granted on the vested rights petition is consistent with the application on file.
B.
The decision-maker on the application shall consider any application revised under this Subsection in accordance with the procedures for deciding the initial application and in conformity with the relief granted on the petition.
C.
If the relief granted on the vested rights petition is consistent with the application on file, no revisions are necessary.
5.7.7
Expiration and Extension.
A.
Expiration.
Any relief which may have been granted on a vested rights petition expires on occurrence of any one of the following events:
1.
The petitioner or property owner fails to submit a required revised application consistent with the relief granted within sixty calendar days following the final decision on the petition;
2.
The application for which relief was granted on the vested rights petition is denied; or
3.
The application for which relief was granted on the vested rights petition expires.
B.
Extension.
Any extension of the expiration date for the application for which relief was granted on a vested rights petition also extends the relief granted on the petition for a like period.
(Ordinance 2018-555 adopted 10/16/18)
§ 5.8 Subsequent Amendments.
5.8.1
Any subsequent map changes that would consist of rezoning of a property shall require a new application and shall be processed as such.
5.8.2
Subsequent Minor Amendments.
A.
The city manager may permit minor amendments to a Planned Development District or a Special Use Permit without amendment to the ordinance.
B.
The following are considered minor amendments:
1.
Corrections in spelling, distances and labeling[.]
2.
Changes in building position or layout that are less than ten feet or ten percent of the total authorized building area, provided the modification conforms to the Code.
3.
Changes in the proposed property lines, provided the original total project acreage is not exceeded, and the area of any zoning district is not changed by more than five percent. See the Map Boundary Changes section.
4.
Changes in parking layout, provided the modified layout conforms to the Code.
(Ordinance 2018-555 adopted 10/16/18)