For all development of land within the scope of this article, a plan of the development shall be prepared and submitted to the city for approval or disapproval, as provided for in this article.
(1) 
City responsibilities.
The city shall administer the provisions of this article and in furtherance of such authority, the city shall:
(A) 
Maintain permanent and current records with respect to this article, including amendments thereto.
(B) 
Receive and file all preliminary plats, construction plans, and final plats together with applications therefor.
(C) 
Forward copies of the preliminary plat, construction plans, and final plat to the county, when the development is located within the city’s extraterritorial jurisdiction.
(D) 
Review all preliminary plats, construction plans, amended plats, short form plats and final plats to determine whether such plats comply with this article, the master plan, applicable laws, and the zoning ordinance, where applicable.
(E) 
Forward plans and plats to the commission as required by this article, together with its recommendations thereon.
(F) 
If required, forward plans and plats to the council, together with the recommendations of the commission and city staff.
(G) 
Make such other determinations and decisions as may be required of the city by this article, the commission or the council.
(2) 
Interpretation of provisions.
In the interpretation and application of the provisions of this article, the following regulations shall govern:
(A) 
In the city’s interpretation and application, the provisions of this article shall be regarded as minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare. This article shall be regarded as remedial and shall be liberally construed to further its underlying purposes.
(B) 
Whenever both a provision of this article and any other provision of this article, or any provision in any other law, ordinance, resolution, rule or regulation of any kind contains any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern.
(C) 
Where there arises a question concerning the meaning or intent of a provision of this article, the city is hereby implored to render a written decision setting forth the exact manner in which said provision shall be interpreted and administered. In the event exception is taken by any interested party to such a decision the matter shall be appealed to the commission, and, as appropriate, to the city council, whose decision shall be final.
(D) 
Any written decision shall be attached to and made a part of this article, until rescinded by amendment of this article as provided for herein.
(E) 
The terms, provisions and conditions of this article shall be interpreted and applied in a manner consistent with chapter 212, Tex. Loc. Gov’t. Code, and, particularly as to property within the extraterritorial jurisdiction of the city.
(Ordinance 2019-11-12 (8A) adopted 11/12/19)
A variance to the provisions of this article shall be considered an exception to the regulations, rather than a right. Whenever a tract to be developed is of such unusual size or shape or is surrounded by development of such unusual conditions that the strict application of the requirements contained in this article would result in substantial hardship or inequity, the commission may vary or modify, except as otherwise indicated, such requirement of design as provided for herein, but not of procedure or improvements, so that the developer may improve his/her property in a reasonable manner, but so that, at the same time, the public welfare and interests of the city are protected and the general intent and spirit of this article, the master plan and zoning ordinance are preserved in accordance with the following provisions:
(1) 
Jurisdiction.
When a written request for a variance from the design requirements of this article is filed:
(A) 
The commission may approve such written request for variances to the design standards and such variance(s), if granted, shall also be considered to be a modification of the zoning regulations, but not the zoning districts, applicable to the specified property within such development within the city limits; or
(B) 
Would constitute a major departure from the applicable provisions of this article for such features as: lot size, setback lines, etc., such variance request shall be considered by the council in accordance with its powers and procedures as set forth in the zoning ordinance, and their decision shall be final; and
(C) 
After giving notice of such requested variances, the commission may consider each such variance request during the course and process of considering the application for subdivision plat approval given or granted.
(2) 
Notification.
The notification procedures for variance requests shall be the same as the notification procedures described for a preliminary plan.
(3) 
Approval.
In granting approval of a request for variance, the commission and council shall conclude that the variance is not contrary to the public interest and, due to special conditions, and so that the variance observes the spirit of this article and concludes that substantial justice is done. Variance must be noted on the final plat. Variances shall not modify zoning requirements unless also granted a zoning variance or as an approved development agreement. The commission and council shall meet these requirements by making findings that:
(A) 
The public convenience and welfare will be substantially served;
(B) 
The appropriate use of surrounding property will not be substantially or permanently impaired or diminished;
(C) 
The hardship from which relief is sought is not solely of an economic nature; and
(D) 
In granting the variance the spirit of this article is observed and substantial justice is done.
(Ordinance 2019-11-12 (8A) adopted 11/12/19)
No building permit shall be issued for any new structure or change, improvement or alteration of any existing structure, on any lot or tract of land and no municipal utility service will be furnished to such lot or tract which does not comply with the provisions of this article and all applicable elements of the master plan, except as herein exempted or upon the written application and approval of a variance. Building plans shall not include portions of building within the 100-year floodplain.
(Ordinance 2019-11-12 (8A) adopted 11/12/19)
To defray the costs of administering this article, the applicant seeking plat approvals shall pay to the city, at the time of submittal, the prescribed fees as set forth in the current administrative fee schedule approved by the council, and on file in the office of the city, together with all engineering and other professional fees and expenses incurred by the city for and with respect to such application and plat.
(Ordinance 2019-11-12 (8A) adopted 11/12/19)
The council may, from time to time, adopt, amend and make public rules and regulations for the administration of this article. This article may be enlarged or amended by the council after public hearing, due notice of which shall be given as required by law.
(Ordinance 2019-11-12 (8A) adopted 11/12/19)
Except as otherwise provided for in this article, it shall be unlawful for any person, firm or corporation to develop, improve or sell any lot, parcel, tract or block of land within the city’s territorial jurisdiction for other than agricultural purposes, regardless of the size or shape of said lot, parcel, tract or block, unless such lot, parcel, tract or block of land conforms with this article.
(Ordinance 2019-11-12 (8A) adopted 11/12/19)
(a) 
Penalty.
Any person who shall violate any of the provisions of this article, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of two thousand dollars ($2000.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(b) 
Administrative action.
The city engineer and/or the city manager shall enforce this article by appropriate administrative action, including but not limited to the rejection of plans, maps, plats and specifications not found to be in compliance with this article and good engineering practices, and the issuance of stop work orders.
(c) 
Court proceedings.
Upon the request of the city council, the city attorney or other authorized attorney shall file an action in the district courts to enjoin the violation or threatened violation of this article, or to obtain declaratory judgment, and to seek and recover court costs and attorney fees, and/or to recover damages in an amount sufficient for the city to undertake any construction or other activity necessary to bring about compliance with a requirement regarding the property and established pursuant to this article.
(Ordinance 2019-11-12 (8A) adopted 11/12/19)