The town comprehensive plan update, as amended, shall serve as a guide for decision-makers in planning for the town. A copy of the plan, along with revisions, shall be kept in the office of the town secretary with the original ordinance adopting it, and it shall be available for public inspection during regular business hours.
(Ordinance 444, sec. B, adopted 8/14/06; 2006 Code, art. 14.500)
(a) 
Findings.
(1) 
The 2019 Legislature enacted HB 2439, prohibiting municipal regulation of materials used for construction and renovation of residential and commercial buildings in certain instances and subject to certain exceptions.
(2) 
HB 2439 affects both the enactment of new regulations and the enforcement of existing regulations pertaining to materials for construction or alteration of residential and commercial buildings.
(3) 
HB 2439 was signed by the governor on June 14, 2019 and has an effective date of September 1, 2019.
(4) 
The town council finds that town regulations prescribing the types of materials, products or aesthetic methods used for the construction or alteration of residential and commercial buildings are essential for preserving the public health and safety of 212, 371 its citizens and substantially further the economic development and general welfare of the town.
(5) 
The exemptions to the provisions of HB 2439 hereinafter provided by this section are in accordance with the purpose and content of such law.
(6) 
There is insufficient time before HB 2439 takes effect to amend specific provisions of the town’s zoning and building regulations that may conflict with the provisions of HB 2439.
(7) 
It is the intent of this section to supersede enforcement of regulations prescribing the types of materials, products or aesthetic methods used for construction or renovation of residential and commercial buildings, insofar as they conflict with HB 2439.
(8) 
It is the further intent of this section to provide procedures for appealing decisions of officials in the enforcement of regulations prescribing the types of materials, products and aesthetic methods used for construction or renovation of residential and commercial buildings.
(9) 
It is the further intent of this section to provide information to citizens of the town that are affected by HB 2439 concerning the prohibitions and limitations on enactment and enforcement of zoning and building regulations prescribing the types of materials, products and aesthetic methods used for construction or renovation of residential and commercial buildings.
(10) 
The 2019 Legislature enacted HB 2497, which requires amendments to procedures applicable to the rules of and appellate procedures before the zoning board of adjustment.
(11) 
HB 2497 was signed by the governor on June 10, 2019 and has an effective date of September 1, 2019.
(12) 
It is the intent of the town council to fully comply with the provisions of HB 2439 and HB 2497, while maximizing the public health, safety and general welfare of its citizens.
(b) 
Definitions.
The following definitions apply to the provisions of this section:
Building code.
means any of the following adopted by the town, as amended: the International Residential Code, the National Electrical Code; the International Building Code; and the Unified Development Ordinance.
Commercial building.
means a building for the use or occupation of people for a public purpose or economic gain, or a residence if the building is a multifamily residence that is not defined as a residential building.
National model code.
means a publication that is developed, promulgated, and periodically updated at a national level by organizations consisting of industry and government fire and building safety officials through a legislative or consensus process and that is intended for consideration by units of government as local law.
Residential building.
means a building having the character of a one-family or two-family dwelling or a multiple single-family dwelling that is not more than three stories high with separate means of egress, including the accessory structures of the dwelling, and that does not have the character of a facility used for the accommodation of transient guests or a structure in which medical, rehabilitative, or assisted living services are provided in connection with the occupancy of the structure.
(c) 
Prohibitions on enforcement.
(1) 
Notwithstanding any other provision contained in the town’s ordinances, regulations or rules to the contrary, an official responsible for enforcement of the town’s zoning ordinance or building codes, as designated by town charter, ordinance or other authorization of the town, shall not:
(A) 
Prohibit or limit, directly or indirectly, the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential or commercial building if the building product or material is approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building; or
(B) 
Enforce a standard for a building product, material, or aesthetic method in construction, renovation, maintenance, or other alteration of a residential or commercial building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building.
(2) 
An applicant who proposes to use a building material, product or aesthetic method in the construction or alteration of a residential or commercial building that is prohibited or limited by the town’s adopted zoning ordinance or building codes, as amended, or that is less stringent than the standard established by such ordinance or building codes, as amended, shall identify each provision in a national model code published within the last three code cycles that approves the use of such building material, product or aesthetic method, as a necessary requirement of the application.
(3) 
An applicant may agree in writing to employ a building material, product or aesthetic method for use in the construction or alteration of a residential or commercial building that otherwise cannot be enforced under subsection (c)(1).
(d) 
Exemptions for ordinances, requirements and programs.
The prohibitions in subsection (c) do not apply to the following ordinances, requirements or programs of the town or state, and the officials responsible for enforcement of the town’s zoning ordinance and building codes, as designated by town charter, ordinance or other authorization of the town, shall apply all regulations and standards prescribed by such enactments, requirements or programs, whether such ordinances, requirements or programs [are] existing or hereafter adopted or established, to the fullest extent therein provided:
(1) 
A local amendment of a building code to conform to local concerns if the amendment does not conflict with subsection (c)(1) or (2);
(2) 
A program established by a state agency that requires particular standards, incentives, or financing arrangements in order to comply with requirements of a state or federal funding source or housing program;
(3) 
A requirement for a building necessary to consider the building eligible for windstorm and hail insurance coverage under chapter 2210, Texas Insurance Code;
(4) 
An ordinance or other regulation that regulates outdoor lighting that is adopted for the purpose of reducing light pollution and that:
(A) 
Is adopted by a governmental entity that is certified as a Dark Sky Community by the International Dark-Sky Association as part of the International Dark Sky Places Program; or
(B) 
Applies to outdoor lighting within five miles of the boundary of a military base in which an active training program is conducted;
(5) 
An ordinance that regulates outdoor lighting and is adopted under subchapter B, chapter 229, Texas Local Government Code, or under subchapter B, chapter 240, Texas Local Government Code; or
(6) 
Installation of a fire sprinkler protection system under Texas Occupations Code, section 1301.551(i), or under Texas Health and Safety Code, section 775.045(a)(1).
(e) 
Exemptions for buildings.
The prohibitions in subsection (c) do not apply to the following buildings, and the officials responsible for enforcement of the town’s zoning ordinance and building codes, as designated by town charter, ordinance or other authorization of the town, shall apply all regulations and standards prescribed by those ordinances or codes to such buildings, whether such provisions are existing or hereafter adopted or established, to the fullest extent.
(1) 
A building located in a place or area designated for its historical, cultural, or architectural importance and significance by the town which were adopted by the town council prior to April 1, 2019:
(2) 
A building located in a zoning district designated by the town council after April 1, 2019 for its historical, cultural, or architectural importance and significance by the town, and for which the owner has voluntarily consented in writing to the application of the regulations or standards prohibited by subsection (c), including the following zoning districts [sic] and any district that may hereafter be created by the town council for its historical, cultural, or architectural importance and significance;
(3) 
A building located in a place or area designated for its historical, cultural, or architectural importance and significance that a municipality may regulate under section 211.003(b), Texas Local Government Code, if the municipality:
(A) 
Is a certified local government under the National Historic Preservation Act (54 U.S.C. section 300101 et seq.); or
(B) 
Has an applicable landmark ordinance that meets the requirements under the certified local government program as determined by the state historical commission;
(4) 
A building located in an area designated as a historic district on the National Register of Historic Places;
(5) 
A building designated as a Recorded Texas Historic Landmark;
(6) 
A building designated as a state Archeological Landmark or state Antiquities Landmark;
(7) 
A building listed on the National Register of Historic Places or designated as a landmark by a governmental entity;
(8) 
A building located in a World Heritage Buffer Zone; and
(9) 
A building located in an area designated for development, restoration, or preservation in a main street town under the main street program established under section 442.014, Texas Government Code.
(f) 
Appeals.
An applicant, landowner or other aggrieved person may appeal the decision of an official responsible for enforcement of the town’s zoning ordinance or building codes, as designated by town charter, ordinance or other authorization of the town, applying a regulation or standard to the construction, renovation, maintenance, or other alteration of a residential or commercial building, which application is asserted to be prohibited by subsection (c), in the following manner:
(1) 
If the decision applies a requirement of a building code, to the building board of appeals, or if there is no building board, to the zoning board of adjustment; or
(2) 
If the decision applies a requirement of the zoning ordinance, to the zoning board of adjustment.
The appeal shall identify the provision or provisions which the appellant alleges to have been applied in violation of subsection (c). The appeal shall be filed, processed and decided in the manner provided for appeals by the appellate entity herein designated.
(g) 
Amendments to zoning board of adjustment procedures.
Notwithstanding any other provision contained in the town’s ordinances, regulations or rules to the contrary, the following provisions apply to the adoption of or amendment to rules of the zoning board of adjustment and to appellate procedures before the board.
(1) 
Rules of the zoning board of adjustment adopted or amended on or after September 1, 2019, must be approved by the town council.
(2) 
Appeals to the board from the decision of an administrative official made on or after September 1, 2019, shall be governed by the following rules:
(A) 
An appeal of a decision by an administrative official that is not related to a specific application, address or project may be made by an aggrieved person or any officer, department, board, or bureau of the town affected by the decision.
(B) 
An appeal of a decision by an administrative official that is related to a specific application, address or project may be made by: the applicant; the owner or owner’s representative of the property that is the subject of the decision; an aggrieved person who is the owner of property within 200 feet of the property that is the subject of the decision; or any officer, department, board, or bureau of the town affected by the decision.
(Ordinance 19-24 adopted 8/27/19)
(a) 
Findings.
(1) 
The 86th Legislature of the state passed HB 3167 which was signed by the governor on June 14, 2019, with an effective date of September 1, 2019 (the “act”).
(2) 
The act requires extensive revisions to the subdivision ordinance and to the way in which the plats and plans, as defined in the act, are processed by the staff and the planning and zoning commission.
(3) 
The town council urges the state legislature to reconsider the provisions of the act at its earliest opportunity.
(b) 
The town council hereby acknowledges the provisions of the act and suspends the application of any ordinance or process contained in the subdivision ordinance, as it now exists or as it may be amended, that conflicts with the provisions and requirements of the act.
(c) 
The town council further directs the town’s planning and zoning commission, staff and outside consultants to process, approve, approve with conditions or deny all plats and plans, as defined in the act, in accordance with the provisions and requirements of the act.
(Ordinance 19-25 adopted 8/27/19)