Purpose. The purpose of this Section is to consolidate and standardize to the maximum extent possible, the review procedures that apply to all or most development applications.

1. A.
   Applicability. The Sections of this Division apply to all development activity that requires a recommendation or final decision from City staff, the City Council, the Planning and Zoning Commission, or the Board of Adjustment unless otherwise stated within this Article.

Purpose. The purpose of a pre-application conference is to familiarize the applicant with the submittal requirements and review procedures, including all applicable standards, the feasibility of the proposed work, and any known constraints, hazards, or special conditions associated with the subject property.

1. A.
   Applications Requiring a Pre-Application Conference. Table 30-77-1, Development Review Summary, denotes the development review applications that require a pre-application conference. Applicants may request a pre-application conference even if the application does not require one. 
2. B.
   Concept Plan. The applicant may submit a concept plan as a basis for discussion prior to the pre-application conference. The concept plan shall be of sufficient detail to accurately convey the concept, character, location, parcel size, and the size and scale of the proposed development. The applicant may submit additional materials at his or her discretion.
3. C.
   Requested Submittals. At or following the pre-application conference, City staff may request that the applicant provide additional materials at the time of application submittal in accordance with Sec. 30-70, Application Submission and Fees, as may be necessary to permit the informed exercise of judgment under the review criteria for the application.
4. D.
   Disclaimer. Outcomes of the pre-application conference shall not imply, in whole or in part, any final decision on the application. The concept plan is not part of a formal application for approval of a development review application that requires a pre-application conference and no comments made by the City in reaction to a conceptual plan shall be binding on the City’s consideration of any subsequent application.
5. E.
   Continuing Review Process. If an application requires a pre-application conference, it may subsequently undergo the processes established in Sec. 30-70, Application Submission and Fees, once the pre-application conference has occurred.

1. A.
   Application Form. Every development review application required by this ZLUO shall be submitted in a format and in numbers established by the Director. 
2. B.
   Fees and Charges. 

   1. 1.
      Schedule of Fees. At the time the application form is submitted, a fee shall be paid in the amount established in the City's Schedule of Fees.
   2. 2.
      Payment in Full Required. No permits, certificates, or approvals required by this ZLUO shall be issued unless or until such costs, charges, fees, or expenses have been paid in full.
   3. 3.
      Nonrefundable. The prescribed fee shall not be refundable.
3. C.
   Authorization to Initiate An Application. Table 30-70-1, Application Initiation Authorization, denotes those who are authorized to initiate application for each of the development review procedure types. The Director may establish the type of documents needed to determine ownership or agency.

4. D.
   Application Submission Schedule. The schedule for the submission of applications in relation to scheduled meetings and hearings of the review bodies shall be established by the Director and made available to the public.
5. E.
   Simultaneous Processing of Applications. Whenever two or more forms of review and approval are required under this ZLUO, the Director shall determine the order and timing of review. The Director may authorize a simultaneous review of applications, so long as all applicable requirements are satisfied for all applications.
6. F.
   Withdrawal of Application. An applicant may withdraw an application, either:

   4. 4.
      In Writing. In writing to the Director before a public meeting or hearing at which the application is to be considered or at any time before a decision has been made if the application does not require a public meeting or hearing; or
   5. 5.
      During a Public Meeting or Hearing. On the record, during a public meeting or hearing when the application is being considered, provided the withdrawal occurs before the development review body makes a recommendation or takes final action on the application.
7. G.
   Successive Applications. Applications shall not be accepted for a project that was denied at a public hearing within six months after the date of denial if the Director determines there have been no substantive changes in circumstances related to the application or no substantive changes to the application submittal itself.
8. H.
   Continuing Review Process. Application submittals shall subsequently undergo a completeness application review established in Sec. 30-71, Completeness Review, before being deemed as submitted to the City.

1. A.
   Timeline. The Director shall make a determination of application completeness within 10 business days of the application filing.
2. B.
   Review and Processing. The Director shall only initiate the review and processing of applications if such application is determined to be complete in accordance with paragraph C, Meaning of Completeness, below. 
3. C.
   Meaning of  Completeness.  The Director shall deem an application complete when it contains:

   1. 1.
      Completed Application. The completed application form;
   2. 2.
      Required Documents, Drawings, or Studies. All required documents and drawings, or studies when required,  that are prepared and certified by qualified professionals (where such certifications are required);
   3. 3.
      Fee. The application fee in accordance with Sec. 30-70, Application Submission and Fees; and
   4. 4.
      Additional Information. Any additional information that is necessary to demonstrate compliance with all of the applicable requirements of this ZLUO as determined by the Director.
4. D.
   Submittal Date. Complete applications are considered submitted or filed on the date that the Director deems them complete.
5. E.
   Incomplete and Rejected Applications.

   1. 1.
      Explanation. If an application is determined to be incomplete, the Director shall provide written or digital notice to the applicant along with an explanation of the application’s deficiencies.  No further processing or review of an incomplete application shall occur until the deficiencies are corrected in a future resubmittal application.
   2. 2.
      Period for Application Revisions. If the missing or incomplete items are not submitted within a 10-day period after notice of an incomplete application, then the application shall be rejected and returned to the applicant.  
   3. 3.
      Application Deadlines. If the application is determined to be incomplete and there remains time prior to an application deadline, the applicant may resubmit with a complete application to the Director before the applicable deadline to be placed on the agenda for the corresponding related public meeting or public hearing. Incomplete applications may not be supplemented after the application deadline.
   4. 4.
      False or Misleading Information. If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be rejected and any associated fees will be forfeited.
   5. 5.
      Not Considered Filed or Submitted. Incomplete or rejected applications are not considered "filed​​​​​​" or "submitted".
6. F.
   Disclaimer. A determination of completeness does not mean that:

   1. 1.
      The contents of the submittal are accurate or comply with the standards of this ZLUO;
   2. 2.
      The application will receive a positive recommendation or final decision from the applicable review official or body; or
   3. 3.
      During review, additional clarification or information will not be needed. 
7. G.
   Continuing Review Process. Complete applications shall subsequently undergo the processes established in Sec. 30-72, Staff Review, Distribution, and Report.

1. A.
   Review, Final Decision, and Distribution. After completeness determination, the Director and other applicable City Staff, according to the review responsibilities denoted in Table 30-77-1, Development Review Summary, shall:

   1. 1.
      Distribution. Distribute the application to the appropriate development review body or outside agency, including, but not limited to, utilities and school districts, for review, comment, and, if denoted in Table 30-77-1, Development Review Summary;
   2. 2.
      Review and Comment. Review the application and provide comments to the applicant, which may include required revisions based on the requirements of this ZLUO and other adopted requirements and standards; 
   3. 3.
      Review and Decide. Review and make a final decision on the application; or make a recommendation.
2. B.
   Required Revisions. When comments or required revisions to an application are provided in accordance with paragraph A.2., Review and Comment, above, the applicant shall revise and resubmit the application with the requested changes. Upon receipt of the resubmittal, the Director may refer the application to agencies again if the changes substantially affect the interests of the agency in ways not anticipated by the agency's original comments, or require the agency's technical expertise for appropriate review.
3. C.
   Staff Report. Promptly after submission of a complete application that addresses the comments provided pursuant to paragraph B., Required Revisions, above, or after finding that no revisions are required, the Director shall prepare a staff report, which may include a recommendation of approval, approval with conditions, or denial based upon the criteria in Sec. 30-74, Recommendation and Decision Making, and based on the Specific Review Criteria for a given review procedure in this Article.  
4. D.
   Continuing Review Process.

   1. 1.
      Applications Not Requiring a Public Meeting or Hearing. Administrative applications may subsequently undergo the processes established in Sec. 30-74, Recommendation and Decision Making.
   2. 2.
      Applications Requiring Public Meeting or Hearing. Applications requiring a public meeting or hearing, as denoted in Table 30-77-1, Development Review Summary, shall subsequently undergo the processes established in Sec. 30-73, Public Notice, Meetings, and Hearings.

1. A.
   Generally.  The provisions of this Section shall be in accordance with the Open Meetings Act in Chapter 551 of the Texas Government Code.
2. B.
   Public Notice.

   1. 1.
      Required Notice. 

      1. a.
         Published Notice. When required, as denoted in Table 30-77-1, Development Review Summary, published notice for an application shall be published in a newspaper of general circulation in the City by the 15th day before the date set for the required public meeting or hearing. 
      2. b.
         Mailed Notice. When required, as denoted in Table 30-77-1, Development Review Summary, written notice of a public meeting or hearing on an application shall be mailed:

         1. i.
            By the 10th day before the date set for the required public meeting or hearing; and
         2. ii.
            To each property owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the subject property. 
   2. 2.
      Contents of Notice. Regardless of whether the notice is published, mailed, or posted, the notice shall include: 

      1. a.
         The time and place of the public hearing;
      2. b.
         The address, legal description, or general street location of the property subject to the proposed change to the matter of the public hearing;
      3. c.
         A general description of the proposal;
      4. d.
         A statement explaining that the public may be heard at the public hearing; and
      5. e.
         Contact information for the City's Planning and Development Services Department.
   3. 3.
      Computation of Time.  In computing the time periods for notice, the day of mailing, publication, or posting shall not be counted, but the day of the public hearing shall be counted. 
3. C.
   Public Meetings and Hearings.

   1. 1.
      Open to Public. All public meetings and hearings shall be open to the public except as otherwise provided in the  Open Meetings Act in Chapter 551 of the Texas Government Code. Not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this ZLUO are classified as requiring a "public meeting" or "public hearing."
   2. 2.
      Applications Requiring a Public Meeting or Hearing. Table 30-77-1, Development Review Summary, denotes the development applications that require a public meeting or hearing. When an application requiring a public meeting or hearing is determined to be complete in accordance with Section 30-71, Completeness Review, the Administrator shall consult with the secretary of the review body required to conduct the meeting or hearing and shall select a place and a time certain for the hearing.
   3. 3.
      Joint Public Meeting or Hearing. The City Council may convene a joint public meeting or hearing with the Planning Commission in the manner prescribed in TLGC Chapter 211.007.
   4. 4.
      Attendance by Applicant. An applicant or representative is not required to attend the public meeting or hearing at which the subject application is to be considered, but failure on the part of the applicant or representative to appear at a properly noticed public meeting or hearing may constitute grounds for a continuance or denial. 
   5. 5.
      Public Hearing Procedures. Elected and appointed development review bodies may adopt rules of procedure for the conduct of public hearings. The adopted rules of procedure shall reflect the following general procedures:

      1. a.
         Any person may appear at a public hearing, submit evidence, and be heard;
      2. b.
         If a speaker represents an organization, the body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration;
      3. c.
         Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent;
      4. d.
         Citizens, applicants, and the City have the right to present expert witnesses;
      5. e.
         The proceedings of the public hearing shall generally follow Robert's Rules of Order; and
      6. f.
         The Chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant.
   6. 6.
      Conditional Approval or Modification of Application at Public Meeting or Hearing.

      1. a.
         Modification. An applicant may agree to modify an application, including the plans and specifications submitted, in response to questions or comments by persons appearing at a public meeting or hearing or to suggestions or recommendations by the development review body holding the meeting or hearing.
      2. b.
         Action on Modified Applications. The development review body may make a recommendation or conditionally approve the application with the requirement that the formalized approval is not effective until the applicant submits materials reflecting the agreed-upon changes to the Administrator. However, if such modifications are so substantial that the development review body determines that it cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials, it shall not accept any subsequent application and shall make no further approvals related to the subject property until the applicant submits the required modifications.
      3. c.
         Referral Back to Recommending Body. Where deemed appropriate by the final decision-making body, applications with significant modifications may be referred back to the recommending body for review, prior to further consideration.
   7. 7.
      Public Vote.  A vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote, except when voice votes are authorized. 
   8. 8.
      Continuances. An applicant or development review body may request a continuance of a public meeting or hearing from the development review body holding the proceeding. The continuance may be to a later date without providing additional notice as long as the development review body sets the continuance for a specified date and time and announces such date and time at the hearing. Additionally, the development review body may require a continuance without the request of the applicant, under the same rules of this paragraph.
4. D.
   Continuing Review Process. Once the public meeting or hearing is held, applications may subsequently undergo the processes established in Sec. 30-73, Recommendation and Decision Making.

1. A.
    Common Review Criteria.

   1. 1.
      Applicability. In determining whether to approve, approve with conditions or modifications, or deny an application, the review bodies making a recommendation or taking final action shall consider the basic review criteria denoted in Table 30-74-1, Common Review Criteria. Additional review criteria may apply and are enumerated in the specific review procedures.
   2. 2.
      Burden of Proof or Persuasion. In all cases, the burden is on the applicant to show that an application complies with applicable review criteria.

2. B.
   Development Review Applications Not Requiring A Public Meeting or Hearing. For development review applications that do not require a public meeting or hearing, the development review body denoted in Table 30-77-1, Development Review Summary, shall make the final decision to approve or deny the application, within 30 days of the application being deemed "filed" in accordance with Sec. 30-71, Completeness Review.
3. C.
   Development Review Applications Requiring A Public Hearing or Meeting. If a public meeting or hearing is required before a recommendation on an application, once such meeting or hearing has occurred, the development review body denoted in Table 30-77-1, Development Review Summary, shall forward the recommendation to the next development body in the review process. The applicable development review body shall make the final decision to approve, approve with conditions, or deny the application once the required meeting or hearing for that review body has been held. 
4. D.
   Decision Timeline for Platting Decisions. Applications for platting decisions shall occur within 30 days of the application being deemed "filed" in accordance with Sec. 30-71, Completeness Review.
5. E.
   Notification of Decision. The Director shall provide written notification of the rendered final decision. 
6. F.
   Continuing Review Process. Applications receiving approval may subsequently undergo the processes established in Sec. 30-75, Post-Decision Provisions.

1. A.
   Approvals Run With Land.  Zoning-related permits or approvals authorizing a particular land​​​​​​​ shall run with the land and transfer with the subsequent ownership of the land​​​​​​​ unless an elected or appointed development review body conditions an approval to the contrary.
2. B.
   Revocation of Approval. A development review body may revoke any permit or approval it issued where there has been a violation of the provisions of this ZLUO or misrepresentation of fact on the application or in the public meeting or hearing. 
3. C.
   Modification of an Approved Application. Modifications to approved applications shall be done in accordance with Sec. 30-83, Minor Modification of an Approved Plan. However, if the change does not meet the criteria for a minor modification, the application shall be resubmitted as a new application.
4. D.
   Re-Application Following Denial. Refer to the provisions for successive applications in Sec. 30-70, Application Submission and Fees.

1. A.
   Unapproved Applications. A submitted and complete, but unapproved application expires after 45 days from receiving review comments if the applicant fails to completely address the City's comments to allow further processing of the application unless the Director determines that the applicant is actively pursuing action to address such comments.
2. B.
   Approved Applications. Approved applications shall expire at the end of the expiration period as denoted in Table 30-77-1, Development Review Summary, unless:

   1. 1.
      Next Approval Pending. A complete application for the next required approval in a sequence of approvals is submitted and pending upon the expiration of the period;
   2. 2.
      Commenced Development. Development has commenced and is being diligently pursued toward completion; or
   3. 3.
      Extension. An extension is granted in accordance with paragraph C, Extension of Time, below.
3. C.
   Extension of Time.

   1. 1.
      Request for Extension. Before the expiration of an approved or unapproved inactive application, the applicant may request in writing and the Director may approve an extension of the expiration date of up to 12 months.
   2. 2.
      Amendments. If the City Council amends this ZLUO or adopts other applicable regulations during the extension period, the application shall:

      1. a.
         Not be subject to compliance to the new regulations until the original application is considered to be expired; and
      2. b.
         Become subject to the new regulations and ordinances if the period of time to request an extension lapses.
4. D.
   Expiration of Extension. Approved applications or unapproved inactive applications shall expire after the 12-month extension lapses if the Director determines that the applicant is not actively pursuing action to complete the development or address comments.

Table 30-77-1, Development Review Summary, compiles the procedures for applications in this ZLUO involved in the development review process. Detailed information about general procedures and applications are further discussed in the other Sections of this Article.

Purpose. The purpose of a Building Permit is to ensure that applicable structures are built in conformance with this ZLUO, any previously approved plans, and the building regulations in Chapter 7, Buildings and Construction, of the City Code of Ordinances. 

1. A.
   Specific Review Procedures. The procedures outlined in Division 6.1, Common Review Procedures, shall apply.
2. B.

   Specific Review Criteria. To approve the request, the applicable review bodies per Table 30-77-1, Development Review Summary shall make affirmative findings of the following: 

   1. 1.
      Common Review Criteria. ​​​​​The requests meet ​​all applicable common review criteria as denoted in Table 30-74-1, Common Review Criteria; 
   2. 2.
      Building Regulations. The building regulations in Chapter 7, Buildings and Construction, of the City Code of Ordinances and any other building regulation adopted by the City; and 
   3. 3.
      Completion of Improvements. Any improvements required by previous applications or approval have been completed. 
3. C.
   Effect. The approval of a building permit authorizes the applicant to proceed with the construction of the proposed structure(s) that were the subject of the approval. It does not directly authorize development if other approvals are required by this ZLUO.

Purpose. The purpose of a Certificate of Occupancy is to certify that a completed nonresidential project adheres to this ZLUO, all pertinent provisions in City Code of Ordinances, including Chapter 7, Buildings and Construction.  It is unlawful to occupy any building or structure unless a full or temporary certificate of occupancy has been issued.  A certificate of occupancy shall be required for any of the following:

• Occupancy and use of a structure hereafter erected or structurally altered;
• Change in use of an existing structure to a use of a different classification;
• Occupancy and use of vacant land, except agricultural use;
• Change in the use of land to a use of a different classification; or
• Any change in the use of a nonconforming use.

1. A
   Specific Review Procedures. The following procedures shall apply:

   1. 1.
      Common Review Criteria. The procedures outlined in Division 6.1, Common Review Procedures;
   2. 2.
      Concurrent Procedures. A Certificate of Occupancy may be submitted concurrently with submittals for a Building Permit, Sign Permit, or Certificate of Zoning Compliance;
   3. 3.
      Temporary Certificate of Occupancy.  Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued for a period not to exceed six months, during the completion of alterations or during partial occupancy of a structure pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties, or obligations, of the owners or the City relating to the use or occupancy of the premises or any other matter covered by this ZLUO; and
   4. 4.
      Recordkeeping.  A record of all Certificates of Occupancy shall be kept on file in the office of the Building Official and copies shall be furnished on request to any person having proprietary or tenancy interest in the structure or land affected.
2. B

   Specific Review Criteria. To approve the request, the applicable review bodies per Table 30-77-1, Development Review Summary, shall make affirmative findings of the following: 

   1. 1.
      Common Review Criteria. ​​​​​The requests meet ​​all applicable common review criteria as denoted in Table 30-74-1, Common Review Criteria; and
   2. 2.
      ​​Building Regulations. The building regulations in Chapter 7, Buildings and Construction, of the City Code of Ordinances and any other building regulation adopted by the City. 
3. C
   Effect. The approval of a Certificate of Occupancy authorizes the applicant to establish occupancy and begin or resume use of the proposed structure(s) that were the subject of the approval. It does not directly authorize development if other approvals are required by this ZLUO.

Purpose.  The purpose of a Certificate of Zoning Compliance is to verify a proposed land use or development, construction, addition to, or alteration of a structure complies with the requirements of this ZLUO and does not require another type of approval (Rezoning, Site Development Plan, Limited Use Permit, Conditional Use Permit, etc).  

1. A.
   Specific Review Procedures. The following procedures shall apply:

   1. 1.
      Common Review Criteria. The procedures outlined in Division 6.1, Common Review Procedures;
   2. 2.
      Concurrent Procedures. A Certificate of Zoning Compliance may be submitted concurrently with submittals for a Building Permit, Sign Permit, or Certificate of Occupancy.   
2. B.

   Specific Review Criteria. To approve the request, the applicable review bodies per Table 30-77-1, Development Review Summary, shall make affirmative findings that the request meets all applicable common review criteria as denoted in Table 30-74-1, Common Review Criteria. 

3. C.
   Effect. An approved Certificate of Zoning Compliance authorizes the subject use or structure to be established/developed to the extent and specific details included in the approved application. Approval of a Certificate of Zoning Compliance does not directly authorize other approvals that may also be required by this ZLUO or the City's Code of Ordinances.

Purpose. The purpose of a Sign Permit is to ensure that any sign is built in conformance with this ZLUO.

1. A.
   Specific Review Procedures.  The following procedures shall apply:

   1. 1.
      Common Review Procedures. The procedures outlined in Division 6.1, Common Review Procedures; and
   2. 2.
      Emergency Situations. In an emergency situation, a property owner may initiate work without first applying for a Sign Permit. However, the owner shall apply for a Sign Permit within 24 hours after the first working day.
2. B.
   Specific Review Criteria.  To approve the application, the applicable development review official per Table 30-77-1, Development Review Summary, shall make affirmative findings for the following:

   1. 1.
      Common Review Criteria. ​​​​​The requests meet ​​all applicable common review criteria as denoted in Table 30-74-1, Common Review Criteria;
   2. 2.
      Sign Standards. Signs shall comply with all applicable standards Division 4.7, Signage; and
   3. 3.
      Electrical Code. All illuminated signs shall be subject to the provisions of the City’s electrical code.
3. C.
   Effect.  Approval of a Sign Permit authorizes the applicant to proceed with the construction of the sign(s) as proposed in the application. It does not directly authorize development if other approvals are required by this ZLUO.

Purpose. The purpose of a Site Development Plan is to ensure that applicable developments comply with all development and design standards of this ZLUO and any applicable prior approvals (e.g. Conditional Use Permit, Zoning Map Amendment, etc.) for the subject property.

1. A.
   Specific Review Procedures. The procedures outlined in Division 6.1, Common Review Procedures, shall apply. 
2. B.

   Specific Review Criteria.  To approve the application, the applicable review bodies per Table 30-77-1, Development Review Summary, shall make affirmative findings for the following:

   1. 1.
      Common Review Criteria. The requests meet ​​all applicable universal review criteria as denoted in Table 30-74-1, Common Review Criteria.
   2. 2.
      Circulation, Accessibility, and Compatibility. The design of the project provides for vehicle and pedestrian accessibility and circulation within, out of, and into the development and appropriate compatibility and buffering between the development, surrounding land uses (existing or planned), and the natural environment; and
   3. 3.
      Other Applicable Standards or Conditions.  Any other applicable standards or conditions imposed as part of the review process for the project, including the standards provided in Article IV, Site Development and Design, for site and building design, parking and mobility, landscaping, bufferyards and tree preservation, outdoor lighting, and signage. 
3. C.
   Effect. Approval of a Site Development Plan authorizes the applicant to proceed with development of the site as proposed in the Site Development Plan. It does not directly authorize development if other approvals are required by this ZLUO.

Purpose.  The purpose of a Limited Use Permit is to ensure that a use designated as a limited use in Table 30-24-1, Use Table, complies with Sec. 30-31, Limited Use Standards, and all other applicable standards of this ZLUO. 

1. A.
   Specific Review Procedure. The procedures outlined in Division 6.1, Common Review Procedures, shall apply.
2. B.
   Specific Review Criteria.  To approve the application, the applicable review bodies per Table 30-77-1, Development Review Summary, shall make affirmative findings for the following: 

   1. 1.
      Common Review Criteria. ​​​​​The requests meet ​​all applicable common review criteria as denoted in Table 30-74-1, Common Review Criteria; and
   2. 2.
      Limited Use Standards. The applicable use-specific standards detailed in Sec. 30-31, Limited Use Standards.
3. C.
   Effect. A Limited Use Permit authorizes the limited use that was the subject of the application to be established according to specific standards set out in Sec. 30-31, Limited Use Standards. Approval of a Limited Use Permit does not directly authorize development if other approvals are also required by this ZLUO.

Purpose. The purpose of the Conditional Use Permit is to determine, after a public hearing, if a use designated as a conditional use in Table 30-24-1, Use Table, should be allowed on a property subject to standards in Sec. 30-32, Conditional Use Standards.

1. A.
   Specific Review Procedures. The following procedures shall apply:

   1. 1.
      Common Review Procedures. The procedures outlined in Division 6.1, Common Review Procedures; and
   2. 2.
      Conditions of Approval. Uses requiring a Conditional Use Permit shall be subject to the imposition of conditions by the applicable development review body per Table 30-77-1, Development Review Summary, that may include, but not be limited to, the following:

      1. a.
         Landscaping or Buffering. Additional landscaping or buffering;
      2. b.
         Building Improvements. Building or façade improvements;
      3. c.
         Noise. Noise abatement measures;
      4. d.
         Lighting. Limitations on lighting, such as lighting curfews or restrictions on levels of illumination;
      5. e.
         Traffic. Measures to control, mitigate, or direct traffic;
      6. f.
         Parking, Loading, Stacking, and Circulation. Parking, loading, stacking, and site circulation adjustments;
      7. g.
         Outdoor Display, Sales, or Storage. Restrictions on outdoor displays, sales, or storage; and
      8. h.
         Signage. Restrictions on signs that relate only to the sign structure, materials, lighting, placement, size, or type, but not to the content of messages displayed (unless such messages are not protected speech); 
   3. 3.
      Additional Review if Use Becomes a Nuisance. If, in the opinion of the Planning and Zoning Commission or City Council, the conditional use becomes a nuisance, the Conditional Use Permit may be recalled for further review, which could lead to the need for additional conditions, restrictions, or the revocation of the permit.
2. B.
   Specific Review Criteria. To approve the application, the applicable review bodies per Table 30-77-1, Development Review Summary, shall consider the following: 

   1. 1.
      Common Review Criteria. All applicable common review criteria as denoted in Table 30-74-1, Common Review Criteria;
   2. 2.
      Concentration. The use will not create an unwanted concentration of similar conditional uses that is likely to discourage permitted uses by making the vicinity less desirable for them;  
   3. 3.
      Location. In the interest of public safety, as a matter of policy, all points of ingress/egress shall be located as far as possible from the intersection of two or more streets;
   4. 4.
      External Effects. The proposed use will not involve uses, activities, processes, materials, equipment, and conditions of operations, including, but not limited to, hours of operation, that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor or other characteristic not comparable to the uses permitted in the base zoning district; and
   5. 5.
      Property Values. The proposed use will not be detrimental to property values in the immediate vicinity. 
3. C.
   Effect. 

   1. 1.
      Authorization. Issuance of a Conditional Use Permit authorizes the establishment of the use approved on the property and subject to any other required permits or approvals, such as a Site Development Plan, Building Permit, Certificate of Occupancy, etc. A Conditional Use Permit does not authorize the construction, reconstruction, alteration, relocation, or demolition of any building or structure.
   2. 2.
      Change in Conditional Use. Any change in a conditional use, including an expansion, shall require a new application and review pursuant to this Section.

1. A.
   Purpose. The purpose of a Minor Modification to an Approved Plan is to allow an applicant to make minor changes, as listed in paragraph C., Specific Review Criteria, below, to an approved application that has not yet received a Certificate of Occupancy, if applicable, without requiring the application to go through the entire review process again.
2. B.
   Specific Review Procedures. The procedures outlined in Division 6.1, Common Review Procedures, shall apply. 
3. C.
   Specific Review Criteria.  To approve the application, the applicable review bodies per Table 30-77-1, Development Review Summary, shall make affirmative findings for the following: 

   1. 1.
      Common Review Criteria. ​​​​​The requests meet ​​all applicable common review criteria as denoted in Table 30-74-1, Common Review Criteria;
   2. 2.
      Gross Floor Area (GFA). An addition to a structure does not exceed 10 percent of the previously approved total GFA of the structure;
   3. 3.
      Height. Additional height of a structure does not exceed 10 percent of the previously approved height and does not exceed the height requirements for the zoning district;
   4. 4.
      Position. A shift in a structure's position is less than 10 feet and does not encroach into a required setback or an easement; 
   5. 5.
      Density. The overall density of the project does not increase as a result of the change in GFA, height, or position; and
   6. 6.
      Condition of Approval. The proposal does not violate a condition of approval for the original application. 
4. D.
   Effect. 

   1. 1.
      Authorization. Approving a Minor Modification shall authorize only the particular deviations from the original approved application to the extent provided in the approval of the Minor Modification.
   2. 2.
      Other Resubmittal or Review Required. Approval of a Minor Modification does not exempt the development from any necessary revisions or resubmittals through other review agencies.

Purpose. The purpose of a ZLUO Text Amendment is to establish the process to change the text of this ZLUO, which may warrant amendment from time to time.

1. A.
   Specific Review Procedures.  The following procedures shall apply:

   1. 1.
      Common Review Procedures. The procedures outlined in Division 6.1, Common Review Procedures; and
   2. 2.
      Permitted Administrative Changes. If necessary, the Director may without action of the Planning and Zoning Commission and/or City Council:

      1. a.
         Correct spelling or punctuation errors;
      2. b.
         Cross-reference changes (because another section of this ZLUO or the City's Code of Ordinances has been moved or changed);
      3. c.
         Cross-reference errors; and
      4. d.
         Update graphics and images that do not change any substantive standards of this ZLUO.
2. B.
   Specific Review Criteria. To approve the request, the applicable review bodies per Table 30-77-1, Development Review Summary, shall consider the following:

   1. 1.
      Common Review Criteria. ​​​​​The requests meet ​​all applicable common review criteria as denoted in Table 30-74-1, Common Review Criteria;
   2. 2.
      Impact Mitigation. The proposal helps to mitigate adverse impacts of the use and development of land on the natural or built environments, including, but not limited to, mobility, air quality, water quality, noise levels, stormwater management, and vegetation, or will be neutral with respect to these issues;
   3. 3.
      Changing Condition. The amendment is necessary to address a changing condition that was not anticipated in the Comprehensive Plan or this ZLUO; and
   4. 4.
      Strategic Objectives. The proposal advances the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.
3. C.
   Effect.

   1. 1.
      No Retroactive Cure of Violations. The amendment of the text of this ZLUO may transform a legally nonconforming situation into a conforming one. However, no text amendment shall be considered for the sole purpose of curing a violation of any part of this ZLUO.
   2. 2.
      Effective Date. Approval of a Text Amendment shall take effect upon the effective date of the ordinance approving the amendment unless another effective date is specified in the ordinance.

Purpose.  The purpose of a Zoning Map Amendment is to change the zoning district of a property on the official Zoning Map from one zoning district to another.

1. A.
   Specific Review Procedures. The following procedures shall apply:

   1. 1.
      Common Review Procedures. The procedures outlined in Division 6.1, Common Review Procedures; and
   2. 2.
      Protest Against Rezoning. A zoning map amendment shall not become effective except by a favorable vote of three-fourths of all members of the City Council if either of the following sign a valid protest against the Amendment:

      1. a.

         Owners of Subject Property.  Owners of 20 percent or more of the land included in such proposed Amendment;  or 

      2. b.
         Owners Within 200 Feet.  Owners of 20 percent of the land within 200 feet of the subject property, including any intervening public street.  
2. B.
   Specific Review Criteria.  To approve the request, the applicable review bodies per Table 30-77-1, Development Review Summary, shall consider the following: 

   1. 1.
      Common Review Criteria. ​​​​​The requests meet ​​all applicable common review criteria as denoted in Table 30-74-1, Common Review Criteria;
   2. 2.
      Compatibility of Uses.  The range of uses and the character of development that is allowed by the proposed zoning district will be compatible with the properties in the immediate vicinity of the subject property;
   3. 3.
      Property Dimensions.  The subject property has sufficient dimensions to accommodate reasonable development that complies with the requirements of this ZLUO, including parking and buffering requirements; and
   4. 4.
      Community Need.  The pace of development and the amount of vacant land currently zoned for comparable development in the vicinity of the subject property suggests a need for the proposed zoning district in order to ensure an appropriate inventory of land to maintain a competitive land market that promotes economic development.
3. C.
   Effect. Approval of a Zoning Map Amendment shall take effect upon the effective date of the ordinance approving the amendment. 

Purpose. The purpose of a Variance is to provide limited relief from the requirements of this ZLUO, where strict application of a particular requirement will create an unnecessary hardship by preventing the use and development of land in a reasonable manner that is otherwise allowed under this ZLUO.

1. A.
   Specific Review Procedures. The procedures outlined in Division 6.1, Common Review Procedures, shall apply.
2. B.
   Specific Review Criteria. To approve the application, the applicable development review bodies per Table 30-77-1, Development Review Summary, shall consider and make affirmative findings for the following: 

   1. 1.
      Common Review Criteria. All applicable common review criteria as denoted in Table 30-74-1, Common Review Criteria;
   2. 2.
      Unnecessary and Undue Hardship. Literal interpretation and enforcement of the terms and provisions of this ZLUO would cause an unnecessary and undue hardship;
   3. 3.
      Special Circumstances or Conditions Exist. There are special circumstances or conditions existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions, and location that do not apply generally to other property in the same area and in the same zoning district;
   4. 4.
      Not Created by Applicant and Not Financial. The hardship and/or special circumstances or conditions existing on the property were not created by the applicant and are not merely financial;
   5. 5.
      Minimum Necessary. The relief requested is the minimum necessary that will make possible development of the subject property;
   6. 6.
      Use of Property.  Literal interpretation and enforcement of the terms and provisions of this ZLUO would deprive the applicant of the same rights in the use of his or her property that are presently enjoyed by other owners of properties located in the vicinity and same zoning district;
   7. 7.
      Will Not Adversely Affect Land Use Pattern. Granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the City's Comprehensive Plan; and
   8. 8.
      Not Detrimental to Public. Granting of a variance will not be detrimental to the public health, safety, or welfare or injurious to the use, enjoyment, or value of other property in the vicinity.
3. C.
   Effects.

   1. 1.
      Authorization. The approval of a Variance shall authorize only the particular variation as detailed in the subject application.
   2. 2.
      Not Precedent. The approval of a Variance shall not constitute a precedent for any subsequent Variance request. Each Variance request shall be considered on its merits and with regard to its specific location, the adjacent land uses, and such other factors as may be relevant to a particular application, as described in paragraph B, Specific Review Criteria, above.
   3. 3.
      Other Approvals. Approval of a Variance does not guarantee that the development shall receive subsequent approval for other development review applications unless the relevant and applicable portions of this ZLUO or any other applicable provisions are met.

Purpose. The purpose of an Appeal is to provide a mechanism for the appeal of any final decision of a development review body described in Article V, Development Review Bodies.

1. A.
   Specific Review Procedures. The following procedures shall apply: 

   1. 1.
      Appeal of Planning and Zoning Commission Decision. Any party aggrieved by or alleging an error in a final decision of the Planning and Zoning Commission may appeal to the City Council within 10 calendar days of the Planning and Zoning Commission's decision and provisions of this Section do not apply; 
   2. 2.
      Appeal of City Council or Board of Adjustment Decision.  Any party aggrieved by or alleging an error in a final decision of the City Council or Board of Adjustment may appeal to a court of competent jurisdiction within a timeframe established by the court and provisions of this Section do not apply; or 
   3. 3.
      Appeal of a Decision by An Administrative Review Body.  Any party aggrieved by or alleging error in a decision of an administrative review body (Director, Building Official, or other City staff) on a matter addressed in this ZLUO may appeal to the Board of Adjustment within 30 calendar days in accordance with following:  

      1. a.
         Common Review Procedures. The procedures outlined in Division 6.1, Common Review Procedures; 
      2. b.
         Transmission of Records.  The administrative review body whose decision is appealed shall transmit all of the documents constituting the record of the appealed action to the Board of Adjustment;  and
      3. c.
         Burden of Proof in Appeals. The appellant shall present sufficient evidence and have the burden of proof to justify a reversal of the decision being appealed.
2. B.
   Specific Review Criteria. To approve the application, the applicable development review bodies per Subsection A, above, shall make affirmative findings for the following: 

   1. 1.
      Common Review Criteria. All applicable common review criteria as denoted in Table 30-74-1, Common Review Criteria; 
   2. 2.
      Record and Evidence. The decision made by the administrative review body was appropriate considering the written record of the case and the evidence presented; and
   3. 3.
      ZLUO Requirements.  The decision reflects the requirements contained in this ZLUO.
3. C.
   Effects.

   1. 1.
      Stay of Proceedings.  An appeal of any order, requirement, decision, or determination shall stay all proceedings unless the Director certifies that a stay would cause imminent peril to life or property.
   2. 2.
      No Variance or Conditional Use Permit.  A decision on an appeal cannot grant or issue a Variance or Conditional Use Permit.