The Sugar Land Development Code may be cited as the "Development Code" or "this Code".

The purpose of the Development Code is to:

1.

Protect, promote, improve and provide for the public health, safety and general welfare of the citizens of the City;

2.

Ensure the safe, orderly and efficient development and expansion of the City in accordance with and pursuant to its Comprehensive Plan;

3.

Conserve, develop, protect and utilize natural resources, in keeping with the public interest;

4.

Prevent the overcrowding of land and avoid undue concentration or diffusion of population;

5.

Protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings;

6.

Provide for open space;

7.

Minimize pollution of air and water, assure the adequacy of drainage facilities, safeguard water resources and preserve the integrity and aesthetic quality of the community;

8.

Lessen congestion in the streets and provide convenient, safe and efficient circulation for vehicular and pedestrian traffic and any other form of circulation;

9.

Facilitate the adequate and efficient provision of transportation, water, wastewater, parks, public safety and recreational facilities, and other public facilities and services; and

10.

Implement all master plans adopted by the City.

This Code is adopted under authority of the constitution and laws of the State of Texas, including particularly Chapters 211, 212, 216 and 242 of the Texas Local Government Code, and pursuant to the provisions of the Code of Ordinances and Charter of the City.

This Code applies to all land located within the city limits of the City. As authorized by Chapters 212 and 216 of the Texas Local Government Code, the City shall apply the applicable subdivision and sign provisions of this Code to the City's extraterritorial jurisdiction (ETJ).

A.

Any person requesting that the City take any action relating to the development of land that requires City approval, must, whenever required by a provision of this Code or by the Director, submit a complete application along with the applicable fee to the City on forms provided by the City for that purpose.

B.

Any application required to be submitted under this Development Code will not be deemed filed for purposes of processing or considering the application until the Director certifies on the application submitted that all information required by the application and these regulations have been properly submitted and all fees paid. The Director may waive the requirement to submit information otherwise required if the Director determines the information is not material or relevant to the decision to be made on the application.

C.

An application must be submitted by the owner of the Premises or person having the legal authority to act for the owner of the Premises to which the application relates. The Director may require an applicant to submit evidence of ownership or the authority to act for the owner of the Premises.

D.

The Director may establish in writing reasonable regulations and deadlines relating to the submission of applications for consideration by the person, board, or commission charged with making a recommendation or decision on the application.

After accepting an application as filed, the Director, Commission, or the City Council may require an applicant to submit 1 or more technical studies, including, but not limited to, traffic studies (such as traffic impact analysis and/or onsite/offsite traffic queuing analysis), engineering studies, environmental impact assessments, noise studies, market studies or economic impact reports, to adequately evaluate the impact of the request. The Director's requirement that the applicant submit a technical study may be appealed to the Commission.

(Ord. No. 2149, § 1, 2-19-2019)

If this Development Code imposes a requirement on real property based on the zoning or use of an abutting Premises and the abutting Premises lies beyond the City's corporate limits and is undeveloped, the requirement applies to the Premises if the Director determines that there is reliable information available relating to the future use of the abutting premises.

A.

Except as otherwise provided in this Development Code, if there is a conflict between the provisions of the Development Code and the Code of Ordinances, the more restrictive shall prevail.

B.

Prohibitions set out in state or federal law are also prohibited within the City. Compliance with state or federal law does not grant relief from complying with the Development Code, unless legally preempted by state or federal law.

A.

It is unlawful for a person to intentionally, knowingly, or recklessly violate any provision or requirement of this Development Code. Except as otherwise provided in this Development Code, any person found guilty of violating a provision of this Code may be punished by a fine not to exceed $2,000.00 for each offense. Each day a violation occurs is a separate offense.

B.

Any police officer or other employee designated by the City Manager may issue a notice to appear in municipal court to any person violating a provision of this Code for which a penalty is provided if the person gives his written promise to appear by signing the notice. The notice shall identify the offense and contain the date, which shall not be less than 10 days after the issuance of the citation, for the person to appear. Any person willfully violating his promise to appear shall be guilty of an offense punishable by a fine not exceeding $200.00 for each offense.

C.

In any prosecution for the violation of this Development Code, it is not necessary for the complaint to negate or for the State of Texas to prove any exception contained in this Code concerning any prohibited act, provided, that any exception made therein may be urged as a defense by the person charged by the complaint.

The terms of this Code will be deemed to be severable, and if the validity of any term or provision of this Code should be declared to be invalid, the same will not affect the validity of any other term or provision of this Code.

Should all or part of any zoning regulation legislatively adopted on or after July 21, 2015 be declared invalid, the zoning regulations applicable to the district before adoption will apply to the property affected by such declaration of invalidity, pending further action by City Council.

A.

The provisions of the Code of Ordinances relating to the amendment and supplementation of the Code of Ordinances also applies to the amendment and supplementation of the Development Code.

B.

The Director is authorized, without further action of the City Council, to add and amend illustrative drawings and correct typographical errors to this Development Code for the purpose of depicting and clarifying the application of any provision of this Development Code.

All development fees are established in Chapter 2 of the City's Code of Ordinances.

A.

Applications, Permits and Approvals.

1.

Any Building, development or Structure for which a building permit was issued or a complete permit application had been accepted for processing before July 21, 2015, may be completed in conformance with the issued building permit and other applicable permits and conditions in effect at the date of issuance of the building permit or date the application was accepted for processing. If construction is not commenced and completed within the time allowed under the original building permit, then the rights contained in Article III, Vested Rights, of this Chapter apply.

2.

Variances, Special Exceptions and Conditional Use Permits lawfully authorized and granted prior to July 21, 2015 remain valid after July 21, 2015, provided the terms and conditions of the authorization are met.

3.

Applications for Variances, Special Exceptions and Conditional Use Permits that were submitted in complete form and are pending approval on July 21, 2015 will be reviewed wholly under the terms of the Code in effect immediately prior to July 21, 2015. Building permits for construction and development approved under such zoning approvals may be issued in accordance with subsection 4.

4.

Building permits may be issued for construction or development approved under subsections 2 and 3. If construction is not commenced and completed within the time allowed under the building permit, then the rights contained in Article III, Vested Rights, of this Chapter apply.

5.

When a use classified as a conditional use under this Code exists as a conditional use, permitted use, nonconforming use or a lawful use by court decree on July 21, 2015, such use will be considered a lawfully established conditional use under this Code. When any amendment to this Code changes the classification of a permitted use to a conditional use, any use lawfully established before such amendment will be considered a lawfully established conditional use after the effective date of such amendment. A lawfully established existing use that is not allowed as a conditional use or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to all applicable regulations pertaining to nonconformities.

B.

Nonconformities.

1.

Any legal nonconformity in existence on July 20, 2015 will also be a legal nonconformity under this Code, as long as the situation that resulted in the nonconforming status on July 20, 2015 continues to exist.

2.

If a legal nonconforming situation in existence on July 20, 2015 becomes conforming because of the adoption of this Code, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.

3.

A violation in existence on July 20, 2015 does not achieve legal nonconforming status under this Code merely by repeal of the previous Code.

C.

Violations Continue.

1.

Any violation of the previous Code will continue to be a violation under this Code and is subject to penalties and enforcement.

2.

If the use, development, construction or other activity that was a violation under the previous Code complies with the regulations of this Code, enforcement action will cease, except for collecting penalties for violations that occurred prior to July 21, 2015.

3.

The adoption of this Code does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous Code that occurred prior to July 21, 2015.

A.

These regulations are adopted for the purpose of preventing and alleviating the potentially adverse impact of development on the efficiency of the City's public street system. The intent of these regulations is to ensure that each development participates in providing the necessary improvements for the public street system to maintain an acceptable Level of Service in proportion to the need the development creates for the improvements.

B.

Any of the requirements imposed on development by the City under this Article shall be based on a reasonable analysis that indicates that the requirement is attributable to the need created by the development. These regulations shall not be interpreted or applied to require development to alleviate traffic deficiencies that existed prior to or are not reasonably attributable to the development.

This Article applies to any development or improvements proposed for land within the City and to any subdivision in the City's extraterritorial jurisdiction that is subject to the provisions of Chapter 5 of this Code.

A.

In this Article:

LOS means Level of Service as established by the latest edition of the Highway Capacity Manual.

B.

General definitions may be found in Chapter 10.

The applicant of a proposed development must submit to the City Engineer an internal site vehicle generation report, by time of day, for the development utilizing trip generation rates set forth in the latest edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE), unless said Manual does not adequately address the type or intensity of the proposed land use. In this event the applicant or his agent shall submit projected vehicle trips to the City Engineer. For land uses adequately represented in said Manual, alternate trip generation rates shall not be accepted.

Any proposed development which is expected to generate at least 100 vehicle trips during any peak hour period requires a traffic impact analysis (TIA). Prior to completing a TIA, applicants must submit a completed TIA Worksheet to the City for review. All required TIAs shall be performed by a professional engineer licensed in the State of Texas and qualified to perform such analyses. All TIAs shall be completed in accordance with the latest edition of the City's Traffic Impact Analysis Guidelines.

Any proposed development which has the potential to create vehicle traffic queuing impacts to public right-of-way or onto adjacent private property will require a traffic queueing analysis to be submitted to the City Engineer to prove safe and adequate access to the project. All traffic queuing analysis shall be performed by a professional engineer licensed in the State of Texas and qualified to perform such work. Any required onsite/offsite modifications, improvements, or mitigation measures needed to provide safe and adequate access shall be solely burdened by the applicant.

(Ord. No. 2149, § 2, 2-19-2019)

Each development must provide sufficient street and traffic improvements, as determined by the City in accordance with this Article, to ensure that the roadway system within and outside the development, whether existing or proposed, which will receive traffic generated by the development, will comply with the following minimum Level of Service (LOS) for streets and intersections (see Table 1-24.1 and Table 1-24.2):

If the traffic generated from a proposed development would result in a roadway system not meeting the minimum Level of Service (LOS), or the proposed access design will not provide safe and adequate access to the project site, a description of the mitigation measures proposed for meeting acceptable traffic service thresholds shall be provided to the City Engineer for concurrence. Acceptable measures for mitigating negative traffic impacts include any 1, or a combination of, those listed below:

1.

A reduction to the proposed vehicle trips per day from the development;

2.

Modifications of the design, location, or arrangement of existing or proposed public or private streets, intersections, driveways, access and egress points, or traffic signals or signs;

3.

The installation or modification of existing or proposed traffic signals, signs, turn lanes, or other traffic-related controls or improvements;

4.

The dedication of additional Right-of-Way for the street system;

5.

Participation with the City in the costs of funding any of the improvements; or

6.

Any other traffic-related remedial measures that comply with the purposes and intent of this Article.

Upon the consent of the City, the applicant may choose to pay funds in lieu of providing all or part of the modifications provided in Section 1-25. The amount of the funds to be paid shall be as agreed to by the applicant and the City. The City shall keep the funds in an account designated for traffic improvements. The funds may only be used by the City for purposes of making traffic-related improvements that alleviate adverse impacts of traffic generated by the development for which the payment was made.

This Article provides a process to determine the recognition of vested rights under Texas Local Government Code Chapter 245.

A.

In this Article:

Completion of a Project means that a certificate of occupancy has been issued for the site.

Permit means a license, certificate, approval, registration, consent, permit, contract or other agreement for construction related to, or provision of, service from a water or wastewater utility owned, operated, or controlled by a regulatory agency, or other form of authorization required by law, rule, regulation, order, or ordinance that a person must obtain to perform an action or initiate, continue, or complete a project for which the permit is sought.

Project means an endeavor over which a regulatory agency exerts its jurisdiction and for which 1 or more permits are required to initiate, continue, or complete the endeavor.

B.

General definitions may be found in Chapter 10.

A.

Statutory rights under Texas Local Government Code Chapter 245 may not be recognized unless the applicant filed an application before the adoption of the regulations against which rights are claimed; and the Project or Permit has not expired or become dormant.

B.

This Article does not apply to:

1.

A Permit that is at least 2 years old, is issued for the construction of a building or structure intended for human occupancy or habitation, and is issued under laws, ordinances, procedures, rules, or regulations adopting only:

a.

Building, fire, electrical, plumbing, or mechanical codes adopted by the City; or

b.

Local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons;

2.

Municipal zoning regulations that do not:

a.

Affect landscaping or tree preservation, open space or park dedication, property classification, lot size, lot dimensions, lot coverage, or building size; or

b.

Change development permitted by a restrictive covenant required by a municipality;

3.

Regulations for sexually oriented businesses;

4.

Fees imposed in conjunction with development permits;

5.

Regulations for annexation that do not affect landscaping or tree preservation or open space or park dedication;

6.

Regulations for utility connections;

7.

Regulations to prevent imminent destruction of property or injury to persons from flooding that are effective only within a flood plain established by a federal flood control program and enacted to prevent the flooding of buildings intended for public occupancy;

8.

Construction standards for public works located on public lands or easements; or

9.

Regulations to prevent the imminent destruction of property or injury to persons if the regulations do not:

a.

Affect landscaping or tree preservation, open space or park dedication, lot size, lot dimensions, lot coverage, building size, residential or commercial density, or the timing of a project; or

b.

Change development permitted by a restrictive covenant required by a municipality.

A person may file an application for Recognition of Vested Rights with the Director, along with the required fee. Submission of an application will stay further proceedings on related Projects and Permit applications until a final decision is reached on the Recognition of Vested Rights application. The application must include:

A.

Owner Information. The name, mailing address, phone number and email address of the property owner (or the property owner's duly authorized agent).

B.

Identification of Property and Project.

1.

Identification of the property for which the property owner claims a vested right.

2.

Identification of the Project for which the property owner claims a vested right.

3.

A chronology of the history of the Project, with special emphasis on facts establishing that the Project was in progress on or commenced after September 1, 1997.

C.

Narrative Description for Purpose of Application. A narrative description of the grounds for the application, including a statement as to whether the application asserts a vested right related to a specific regulation, a Permit, or to an entire Project.

D.

Identification of Regulations.

1.

Identification of all Code regulations in effect at the time the original application for the permit was filed that:

a.

The applicant contends are vested; and

b.

The applicant contends controls the approval, disapproval, or conditional approval of an approval for a Permit.

2.

Identification of all Code regulations that the applicant contends do not apply to the Project due to the vested rights provided the property owner by Texas Local Government Code Chapter 245.

3.

Identification of any current Code regulations which the applicant agrees can be applied to the application at issue.

E.

Copies of Applications. A copy of each approved or pending Permit application supporting the contention that the Project or Permit is vested.

F.

Submittal Date of First Application. The submittal date of the first Permit in a series of Permits that began the vesting process.

G.

Submittal Date of Subsequent Application. If applicable, the submittal dates of subsequent applications for Permits for the Project.

H.

Copies of Prior Vested Rights Determinations. A copy of any prior vested rights determination involving the same Project or property.

I.

Benchmarking Project Progress for Expiring Permits or Applications. If the applicant alleges that a Permit or application subject to expiration should not be terminated, a description of the events constituting progress toward Completion of the Project for which the Permit subject to expiration was approved.

An applicant may rely on the Permits listed below to establish vested rights for a Project that is the subject of the Permit for Projects initiated after July 21, 2015, provided, however, a minor plat that plats only easements shall not confer any rights. A property owner or developer may take advantage of changes to this Code that enhance or protect the Project, including changes that lengthen the effective life of the Permit after the date the application for the Permit was made, without forfeiting any rights under this Article.

A.

Building Permit. A Building Permit may be relied on as a basis for vested rights for Projects identified in the site plan submitted to the City as part of the Building Permit application. However, rights that are based on a Building Permit will expire unless construction authorized by the Building Permit is initiated within 180 days from the date the Building Permit is issued.

B.

Commercial Fire Alarm Permit. A Commercial Fire Alarm Permit may be relied on as a basis for vested rights for Projects identified in the Commercial Fire Alarm Permit. However, rights that are based on a Commercial Fire Alarm Permit will expire unless the work authorized by the Commercial Fire Alarm Permit is initiated within 180 days from the date the Commercial Fire Alarm Permit is issued.

C.

Conditional Use Permit. A Conditional Use Permit may be relied on as a basis for vested rights for Projects identified in the Conditional Use Permit. Rights that are based on a Conditional Use Permit will expire if a Building Permit for construction of the use authorized by the Conditional Use Permit is not obtained within 2 years of the date of the ordinance granting the Conditional Use Permit or a Building Permit to fully construct all phases of the uses authorized by the Conditional Use Permit has not been obtained within 5 years of the date of the ordinance granting the Conditional Use Permit.

D.

Electrical Permit. An Electrical Permit may be relied on as a basis for vested rights for Projects identified in the Electrical Permit application. However, rights that are based on an Electrical Permit will expire unless the work authorized by the Electrical Permit is initiated within 180 days from the date the electrical permit is issued.

E.

Final Development Plan. Vested rights will be recognized for development associated with the property which is the subject of a Final Development Plan that has been approved by the City Council. The rights recognized by a Final Development Plan will expire if development of the district has not been initiated within 2 years of the date of the approval of the Final Development Plan.

F.

Fire Extinguishing System Permit. A Fire Extinguishing System Permit may be relied on as a basis for vested rights for Projects identified in the Fire Extinguishing System Permit. However, rights that are based on a Fire Extinguishing System Permit will expire unless the work authorized by the Fire Extinguishing System Permit is initiated within 180 days from the date the Fire Extinguishing System Permit is issued.

G.

General Development Plan. A General Development Plan may be relied on as a basis for vested rights for development associated with the property which is the subject of the General Development Plan. However, rights that are based on a General Development Plan will expire if an application for a Final Development is not initiated within 2 years of the date of the approval of the General Development Plan, unless a longer timeframe is stated in the ordinance adopting the General Development Plan.

H.

Mechanical Permit. A Mechanical Permit may be relied on as a basis for vested rights for Projects identified in the Mechanical Permit application. However, rights that are based on a Mechanical Permit will expire unless the work authorized by the Mechanical Permit is initiated within 180 days from the date the Mechanical Permit is issued.

I.

Plat Application. Vested rights will be recognized for a Project that is the subject of an application for a plat that has been filed with the Planning and Zoning Commission provided all necessary fees have been paid. The rights recognized for a Project located within such a plat application will expire unless the plat application is heard by and approved by the Planning and Zoning Commission within 6 months from the date the initial application. Neither an expired nor a withdrawn plat application may be relied upon as a Permit application for the assertion of vested rights. A new plat application must be filed if the applicant requests future plat approval of the subject property after the expiration or the withdrawal of a plat application.

J.

Plats, Replats, and Amending Plats. Vested rights will be recognized for Projects associated with the property which is the subject of a plat that has been approved by the Planning and Zoning Commission. The rights recognized for a Project located within an approved plat will expire unless the plat is recorded in the Fort Bend County Deed Records within 1 year from the date of approval by the Planning and Zoning Commission.

K.

Plumbing and Gas Permit. A Plumbing and Gas Permit may be relied on as a basis for vested rights for Projects identified in the Plumbing and Gas Permit application. However, rights that are based on a Plumbing Permit will expire unless the work authorized by the Plumbing Permit is initiated within 180 days from the date the Plumbing and Gas Permit is issued.

L.

Site Plan Package Application. Vested rights will be recognized for a Project that is the subject of an application for Site Plan Package approval provided all the necessary fees have been paid. The rights recognized for a Project located within such a Site Plan Package application will expire unless the Site Plan Package application is approved within 2 years from the date of the initial application. Neither an expired nor a withdrawn Site Plan Package application may be relied upon as a Permit application for the assertion of vested rights.

M.

Site Plan Package. Vested rights will be recognized for Projects associated with the property which is the subject of a Site Plan Package that has been approved. The rights recognized for a Project located within an approved Site Plan Package will expire unless additional permits for the Project are obtained within 1 year from the date of approval of the Site Plan Package. The Director may, upon written application, grant a 1-year extension of time to make use of the Site Plan Package, for good cause shown.

After the Director receives an application for Recognition of Vested Rights, the Director will forward copies of the application to the City Manager and the city attorney within 2 business days. The City Manager will review the application and approve, deny, or request additional information to be provided for consideration of the application within 15 business days of submittal of the application.

A.

Approval. If the City Manager approves the application, a written determination will be issued to the applicant recognizing all claims for vested rights that have been granted. The determination will indicate the terms and conditions to maintain the vested status of the Project or Permit.

B.

Denial. If the application is denied, the City Manager will identify the reason(s) for such denial.

C.

Request for Additional Information. If the City Manager requests additional information for consideration of an application, the applicant must submit the requested information to the Director within 10 business days, in order to complete the review of the application. The City Manager will review the additional information and approve, deny, or request additional information to be provided for consideration of the application within 15 business days of submittal of the additional information.

If the City Manager determines that the Project or Permit for which the applicant seeks vested rights has undergone a substantial modification since its inception, recognition of vested rights may be denied. Examples of substantial modification include, but are not limited to, changes of the following:

1.

Gross surface area or acreage;

2.

Gross floor area;

3.

Gross number of buildings;

4.

Density;

5.

Living unit equivalents;

6.

Land use classification;

7.

Impervious cover;

8.

Drainage pattern volumes;

9.

Street layouts;

10.

Additional curb cuts or driveways;

11.

Orientation of buildings; or

12.

Contractors.

The applicant may appeal the City Manager's decision on the application for Recognition of Vested Rights to the Zoning Board of Adjustment. An appeal may be filed by submitting a completed Appeal Form, within 10 business days following the date of such decision, along with the required fee, to the Director. The Appeal Form must state the reasons for the appeal and provide the necessary documents to support the appeal. The Director will forward copies of the appeal to the city attorney and the Zoning Board of Adjustment.

The Zoning Board of Adjustment will hear and decide the appeal following receipt of the Appeal Form by the Director. The decision of the Zoning Board of Adjustment will be final.

In this Article, a Project is dormant if no progress towards completion has been made in at least 5 years. A dormant Project cannot be the basis for a vested rights determination. Progress towards completion of the Project shall include any one of the following actions after the initial application for the Permit or Project has been filed:

1.

An application for a final plat or plan is submitted to a regulatory agency;

2.

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

3.

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

4.

Fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or

5.

Utility connection fees or impact fees for the Project have been paid to a regulatory agency.

After a Project or Permit is complete, the development or redevelopment of additional property included within the boundary of the completed Project is a new Project for purposes of this Article.

A.

Project. A Project will expire by operation of law 5 years after an application was filed for the first Permit necessary for the Project if no progress has been made towards completion.

B.

Permit. A Permit issued by the City expires on the date expressly stated on the face of the Permit. If the Permit does not expressly contain an expiration date, and no progress has been made towards its completion, the Permit will expire by operation of law 2 years after issuance.