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Editor's note–The Lancaster Development Code, Ordinance 2006-04-13, adopted by the city on April 24, 2006, as amended, is included herein. Except as otherwise noted, the development code is printed herein as enacted, with only nonsubstantive formatting and style changes. With the approval of the city, the numbering of articles and sections has been changed as follows: article 14.100 has been renumbered as article 1.00, section 14.101 has been renumbered as section 1.01, etc. Subsequent amendments will be inserted in their proper place and denoted by a history note following the amended section. Capitalization, punctuation and numbering of subsections have been retained as enacted. Obviously misspelled words have been corrected without notation. Any other material added for purposes of clarification is enclosed in brackets.
This Ordinance shall be known and may be cited as the Lancaster Development Code of the City of Lancaster, or simply as the Lancaster Development Code, LDC, or as referenced in this document as the "Code."
(Ordinance 2006-04-13, sec. 14.101, adopted 4/24/06)
The Lancaster Development Code is adopted pursuant to the powers granted to the City and subject to any limitations imposed by the Constitution and laws of the State of Texas.
(Ordinance 2006-04-13, sec. 14.102, adopted 4/24/06)
The provisions of this Lancaster Development Code apply generally to all property within the corporate limits of the City of Lancaster and to the lands subject to its zoning jurisdiction as conferred by State law. Those provisions pertaining to the subdivision of land, and those regulations adopted for the primary purpose of protecting water quality or to afford flood protection, apply to all property within the City's corporate boundaries and to all property within its extraterritorial jurisdiction (ETJ), as established by Texas Local Government Code Chapter 42 and Chapter 212. References to jurisdictions or the applicability of specific development regulations appearing elsewhere in this Lancaster Development Code take precedence over this jurisdictional statement in the event of a conflicting interpretation.
(Ordinance 2006-04-13, sec. 14.103, adopted 4/24/06)
The Lancaster Development Code is adopted for the following purposes:
(1) 
To protect, promote, improve and provide for the public health, safety, and general welfare of the citizens of the City of Lancaster;
(2) 
To ensure the safe, orderly and efficient development and expansion of the City of Lancaster in accordance with and pursuant to its Comprehensive Plan, which includes the Thoroughfare, Parks, Trails and Streetscape Plans;
(3) 
To conserve, develop, protect and utilize natural resources, including but not limited to topography, vegetation, floodplain and other resources, in keeping with the public interest;
(4) 
To prevent the overcrowding of land and avoid undue concentration or diffusion of population or land uses;
(5) 
To protect and preserve places and areas of historical, cultural or architectural importance and significance to the community;
(6) 
To 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;
(7) 
To provide for open spaces through the most efficient design and layout of the land;
(8) 
To prevent the pollution of air and water, to assure the adequacy of drainage facilities, to safeguard water resources and to preserve the integrity and aesthetic quality of the community;
(9) 
To lessen congestion in the streets and provide convenient, safe and efficient circulation for vehicular and pedestrian traffic;
(10) 
To facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, public safety and recreational facilities, and other public facilities and services; and
(11) 
To treat in one unified text those areas of regulation more typically dealt with in separate ordinances such as, but not exclusively, the zoning ordinance, [and] the subdivision rules and regulations.
(Ordinance 2006-04-13, sec. 14.104, adopted 4/24/06)
The Lancaster Development Code takes effect upon adoption of this Ordinance by the City Council. The provisions of this Code supersede all other development regulations governing the development of land within the City. All development applications and proposals filed on or after the effective date of this ordinance, whether for new developments or for add-ons or expansions of existing developments, shall be processed in accordance with the standards and requirements and pursuant to the procedures herein established.
(Ordinance 2006-04-13, sec. 14.105, adopted 4/24/06)
All existing unexpired, valid building permits and preliminary plats which are complete and duly filed prior to enactment of the Lancaster Development Code in accordance with development regulations in effect prior to adoption of these regulations, shall be processed under procedures therein established, and shall be evaluated and approved or disapproved under the standards and requirements contained in such regulations, notwithstanding the adoption of the Lancaster Development Code. Those site plans which were technically reviewed and approved by the City Council prior to the adoption of this Code shall be exempt from meeting any new requirements after the adoption of this Code.
Where any provisions in the Lancaster Development Code are in apparent conflict, the more restrictive standard or procedure shall be followed.
(Ordinance 2006-04-13, sec. 14.106, adopted 4/24/06)
The Lancaster Development Code is intended to implement the policies and objectives contained in the Comprehensive Plan, Thoroughfare Plan, and Open Space Plan for the City and to affect [effect] the City's plan for provision of public facilities and services within City limits and within the City's extraterritorial jurisdiction. If a zoning or rezoning request differs from what the Comprehensive Plan, Thoroughfare Plan, or Open Space Plan recommends for that area, the City Planner will advise applicant of this and will request applicant to submit a written letter. This letter will request the City Planner to prepare and process the necessary exception or amendment to the Plan. The City will process this request concurrently with the (re)zoning case at no additional cost to the applicant.
(Ordinance 2006-04-13, sec. 14.107, adopted 4/24/06)
All development of land within the incorporated boundaries of the City of Lancaster or its extraterritorial jurisdiction as applicable, shall conform to the requirements of the Lancaster Development Code, and no person may use, occupy, sell or develop land, buildings or other structures, or authorize or permit the use, occupancy, sale or development of land, buildings or other structures under his/her control, except in accordance with all applicable provisions of this Code. Within the City of Lancaster's extraterritorial jurisdiction, no person may sell or develop land, or authorize or permit the sale or development of land, except in accordance with all applicable provisions of this Code.
(Ordinance 2006-04-13, sec. 14.108, adopted 4/24/06)
This Code contains diagrams and drawings. When diagrams and drawings appear in this Code, they are presented for explanation purposes only unless specifically referred to in the text of this Code. The text governs over any diagram or drawing when any discrepancy exists. The provisions of this section do not extend to concept plans or site plans which are required and approved under this Code.
(Ordinance 2006-04-13, sec. 14.109, adopted 4/24/06)
All sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any such section, paragraph, sentence, clause or phrase is declare unconstitutional or otherwise invalid in any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not cause any remaining section, paragraph, sentence, clause, or phrase of this ordinance to fail or become inoperative.
(Ordinance 2006-04-13, sec. 14.1000, adopted 4/24/06)
(a) 
Zoning Ordinance.
For the purposes of development, reference to the City's Zoning Ordinance shall refer to the following Articles:
(1)
Article 1.00
General Provisions
(2)
Article 2.00
Administrative Procedures
(3)
Article 4.00
Permissible Uses*
(4)
Article 5.00
Zoning District Development Standards
(5)
Article 10.00
Planned Development Districts
(6)
Article 11.00
Zoning-Related Applications
(7)
Article 3.00
Zoning District and Maps
(8)
Article 6.00 [13.00]
Definitions
(9)
Article 15.00
Administration and Enforcement
(b) 
Local Government Code.
All references to the Local Government Code in this Lancaster Development Code shall mean "as amended."
(Ordinance 2006-04-13, sec. 14.1100, adopted 4/24/06)
(a) 
Reserved.
(b) 
Reserved.
(c) 
Dormant Projects
(i) 
An application that was approved or filed under the predecessor subdivision regulations before February 12, 2005 for a plat or a plan that was not subject to an expiration date or for a final plat that was not recorded shall expire at 5:00 p.m. on February 12, 2007.
(ii) 
The owner of the land subject to a plat or plan that expires under paragraph (i) above may petition the City Council to reinstate such plat or plan in accordance with subsection (d) below within 60 working days of February 12, 2007. The petition shall clearly state the grounds for reinstatement, and shall be accompanied by documentation of one of the following:
A. 
As of February 12, 2005, one of the following events had occurred:
1. 
In the case of an approved preliminary plat application:
a. 
A final plat for all or part of the land subject to the approved preliminary plat was approved, or was filed and was subsequently approved;
b. 
An application for a final plat was submitted for all or part of the land subject to the approved preliminary plat, but such application was rejected on grounds of incompleteness;
c. 
Costs for development of the land subject to a plat or plan, including but not limited to costs associated with public improvements designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of five percent or more of the most recent appraised market value of the land; or
d. 
Fiscal security was posted to ensure performance of an obligation required for development of all or a part of the land subject to the approved preliminary plat.
2. 
In the case of an approved, unrecorded final plat application:
a. 
Costs for development of the land subject to the preliminary plat, including but not limited to costs associated with public improvements designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of five percent or more of the most recent appraised market value of the land;
b. 
Fiscal security was posted after approval of the final plat to ensure performance of an obligation required for all or a part of the land subject to the approved final plat; or c.
c. 
Utility connection fees or impact fees for all or part of the land subject to the approved final plat were paid.
3. 
In the case of an approved plan:
a. 
Costs for development of the land subject to an approved plan, including but not limited to costs associated with public improvements designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of 15 percent or more of the most recent appraised market value of the land;
b. 
Fiscal security was posted after approval of a plan to ensure performance of an obligation required for all or a part of the land subject to the approved plan.
(iii) 
A dormant project shall not be reinstated if it is found that standards and/or regulations have been adopted since the plat or plan went dormant that are intended to accomplish goals of the City.
B. 
[sic] After February 12, 2005 but before the expiration date specified in paragraph (i), one of the following events had occurred:
1. 
A final plat was approved for all or part of the land subject to the approved preliminary plat, and remained in effect for such land on such expiration date; or
2. 
A complete application for approval of a final plat for all or part of the land subject to the approved preliminary plat was pending for decision on such expiration date.
(iv) 
[1][sic] After reviewing the petition described in paragraph (ii), the City Council may take one of the following actions:
A. 
Reinstate the expired preliminary or final plat without an expiration date, if it finds that the petitioner has met any one of the criteria listed in paragraph (ii)A;
B. 
Reinstate the preliminary plat for all or part of the subject land, if it finds that the petitioner has met any one of the criteria listed in paragraph (ii)B, subject to such expiration dates or other conditions that assure that the remaining land that is not subject to an approved or pending final plat application will be developed in a timely fashion. In granting relief under this provision, the Council may require that development of such remaining land is subject to standards enacted after approval of the preliminary plat;
C. 
Deny the petition, if it finds that the petitioner has failed to meet any of the criteria in paragraph (ii); or
D. 
Reinstate the initial permit for only that part of the land subject to a pending final permit application, if it finds that the petitioner has met the criteria in paragraph (ii)B.2 and the pending application subsequently was approved, and deny the petition for the remaining land subject to the expired initial permit.
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Original has this as (iii).
(d) 
Determination of Vested Rights
(i) 
Vested Rights Petition
A. 
Purpose.
The purpose of a vested rights petition is to determine if:
1. 
The standards of this Article [Article 16.00] should not be applied to a preliminary or final plat application;
2. 
The standards of a previous set of subdivision regulations should apply to a preliminary or final plat; and
3. 
An approved plat has expired per this subsection.
B. 
Applicability
1. 
The provisions of this subsection shall apply to any plat for which an applicant desires to establish rights under Chapter 245 of the Texas Local Government Code.
2. 
A vested rights petition may be filed with an application for a preliminary or final plat application.
3. 
The provisions of Chapter 245 shall only apply to the specified subdivision standards set forth in the vested rights petition. Any modification of the subdivision standards shall be considered a new project subject to the provisions of this LDC.
4. 
The provisions of Chapter 245 shall not apply to any of the following:
a. 
Regulations that do not affect open space dedication or that do not change development permitted by a restrictive covenant required by the City;
b. 
Fees imposed in conjunction with a development review procedure;
c. 
Regulations for annexation that do not affect landscaping or tree preservation or open space dedication;
d. 
Regulations for utility connections;
e. 
Regulations to prevent imminent destruction of property or injury to persons from flooding that are effective only within a floodplain established by a federal flood control program and enacted to prevent the flooding of buildings intended for public occupancy;
f. 
Construction standards for public works located on public lands or easements; or
g. 
Regulations to prevent the imminent destruction of property or injury to persons if the regulations do not:
i. 
Open space dedication or the timing of a project; or
ii. 
Change development permitted by a restrictive covenant required by the City.
h. 
Regulations governing landscaping, tree preservation and lot standards
C. 
Effect.
Upon approval of a vested rights petition, the plat application shall be decided in accordance with the standards specified in the relief order based on prior subdivision regulations, or the approved plat otherwise subject to expiration shall be extended.
(ii) 
Petition Requirements
A. 
A vested rights petition may be filed with a preliminary or final plat application for which a vested right is claimed, or by the holder of a plat subject to expiration pursuant to subsection (c) above or (e) [sic].
B. 
A vested rights petition shall contain the following information:
1. 
A narrative description of the grounds for the petition;
2. 
A copy of each approved or pending development application which is the basis for the contention that the City may not apply current standards to the plat application which is the subject of the petition;
3. 
The date of submittal of the plat application, or of a development plan pursuant to which the plat was subsequently filed, if different from the official filing date established under Section 2.03.
4. 
The date the project for which the application for the plat was submitted was commenced.
5. 
Identification of all standards otherwise applicable to the plat application from which relief is sought;
6. 
Identification of the standards which the petitioner contends apply to the plat application;
7. 
Identification of any current standards which petitioner agrees can be applied to the plat application at issue;
8. 
A copy of any prior vested rights determination by the City involving the same land; and
9. 
Where the petitioner alleges that a plat subject to expiration under subsection (c) above or (e) [sic] should not be terminated, a description of the events, including any plat or other development applications on file, which should prevent such termination.
(iii) 
Review Process
A. 
Director of Community Development Review
1. 
The Director shall review the vested rights petition and, considering the review criteria in paragraph (iv) below, make a recommendation to the Planning and Zoning Commission.
2. 
The director's report and each decision on the vested rights petition shall be memorialized in an order identifying the following:
a. 
The nature of the relief granted, if any;
b. 
The approved or filed plat applications upon which relief is premised under the petition;
c. 
Current standards which shall apply to the plat application for which relief is sought;
d. 
Prior standards which shall apply to the plat application for which relief is sought, including any procedural standards;
e. 
The statutory exception or other grounds upon which relief is denied in whole or in part on the petition;
f. 
For petitions filed pursuant to subsection (c) above or (e) [sic], whether the approved plat should be terminated, and the expiration date or the conditions of expiration for the plat.
B. 
Planning and Zoning Commission Final Action.
The Planning and Zoning Commission shall take any of the following final actions in conjunction with its decision on the plat application.
1. 
Deny the relief requested in the petition, and direct that the plat application shall be reviewed and decided under currently applicable standards;
2. 
Grant the relief requested in the petition, and direct that the plat application shall be reviewed and decided in accordance with the standards contained in identified prior subdivision regulations;
3. 
Grant the relief requested in part, and direct that certain identified current standards shall be applied to the plat application, while standards contained in identified prior subdivision regulations also shall be applied; or
C. 
For petitions filed pursuant to subsection (c) above or (e) [sic], determine whether the approved plat Appeal of Decision on Petition [sic]
1. 
The petitioner or any interested person may appeal the Planning and Zoning Commission's decision on the vested rights petition within 10 working days of the date of such decision to the City Council. Such appeal stays acceptance of further filing of any related development applications.
2. 
The City Council on appeal shall decide the vested rights petition. The request shall be accompanied by an Exception of the time for decision on the plat application imposed under this Article [Article 16.00] pending decision by the Council, which shall stay further proceedings on the application. The Council shall decide the petition, after considering the recommendation of the Director of Community Development and the decision of the Planning and Zoning Commission within 30 calendar days of receipt of the notice of appeal.
(iv) 
Review Criteria.
In making a recommendation or taking final action on a vested rights petition, the applicable development review bodies shall consider the following criteria.
A. 
The nature and extent of prior plat or other development applications filed or approved for the land subject to the petition;
B. 
Whether any prior vested rights determinations have been made with respect to the property subject to the petition;
C. 
Whether any prior approved applications for the property have expired or have been terminated in accordance with law;
D. 
Whether any statutory exception applies to the standards in this Article [Article 16.00] from which the applicant seeks relief;
E. 
Whether any prior approved plat or other development applications relied upon by the petitioner have expired; and
F. 
For petitions filed pursuant to subsection (c) above or (e) [sic], whether any of the events preventing expiration have occurred.
(v) 
Application Following Relief Order
A. 
Following the final decision on the vested rights petition, the petitioner shall revise the plat application to conform with such decision. If the plat application on file is consistent with the relief granted on the vested rights petition, no revisions shall be necessary.
B. 
Where proceedings have been stayed on the plat application pending referral of the vested rights petition to the City Council, proceedings on the application shall resume after the Council's decision on the vested rights petition.
(vi) 
Expiration.
Relief granted on a vested rights petition shall expire on occurrence of one of the following events:
A. 
The petitioner fails to submit a required revised plat application consistent with the relief granted within 30 days of the final decision on the petition;
B. 
The plat application for which relief was granted on the vested rights petition is denied under the criteria made applicable through the relief granted on the petition; or
C. 
The plat application for which relief was granted on the vested rights petition expires.
Editor's note–Ordinance 2007-02-03, section 1, app. II, amended article I, General Provisions, by adding "Sec. XX Dormant Projects and Vested Rights." The section has been designated as section 1.12 by the editor. The section did not contain a subsection (a) or (b).
(Ordinance 2007-02-03, sec. 1, app. II, adopted 2/12/07)