(a)
Initiation
of Application.
(1)
Initiation by Owner or Owner’s Agent.
(A)
Unless provided by this zoning ordinance, any petition or application
may be initiated only by the property owner, owner of an interest
in the land, or by the owner’s designated agent.
(B)
If the applicant is a designated agent, the application shall include
a written statement from the property owner authorizing the agent
to file the application on the owner’s behalf.
(C)
The responsible official may require submission of documents, such
as an affidavit from the owner, to provide evidence of ownership or
agency.
(2)
Initiation by City Manager.
The city manager can initiate
any application authorized under this zoning ordinance.
(b)
Waiver
of Application Information.
The responsible official
may initially waive the submission of any information in the application
and accompanying materials that are not necessary due to the scope
and nature of the proposed activity.
(c)
Universal
Application Contents.
(1)
Application Forms Generally.
The city is hereby authorized
to prepare application forms that include specific requirements, which
can include but is not limited to, technical requirements, checklists,
architectural or engineering drawings, applicant contact information,
and any other information or exhibits deemed necessary to show compliance
with city codes.
(2)
All application forms are available from the city manager.
(d)
Development
Application Handbook.
The city manager shall create,
manage, and update a Development Application Handbook, which shall
be a collection of application forms that the city manager has created
per section 14.801(c)(1).
(e)
Universal
Application Fees.
(1)
Every application shall be accompanied by the prescribed fees set
forth in the adopted fee schedule.
(2)
The prescribed fee shall not be refundable, except when the city
council or city manager waives the application fee.
(3)
The fee schedule may be amended from time to time per procedures
established by the city council.
(f)
Payment
of All Indebtedness Attributable to the Subject Property.
(1)
No application shall be accepted or reviewed for completeness from
a person who owes delinquent taxes, assessments, any fees, or is otherwise
indebted to the city until the taxes, assessments, debts, or obligations
shall have been first fully discharged by payment, or until an arrangement
has been made for the payment of such debts or obligations.
(2)
It shall be the applicant’s responsibility to provide evidence
or proof that all taxes, fees, etc. have been paid, or that other
arrangements have been made for payment of said taxes, fees, etc.
(g)
Action
by Responsible Official.
(1)
Circulate and Compile Comments.
After the determination
of completeness has been established, the responsible official shall
circulate the application to all other administrative officials and
departments whose review is required for a decision on the application
and shall compile the comments and recommendations of the officials.
(2)
Decision Rendered, If Applicable.
The responsible official
shall render a decision in the time prescribed for the applicable
application, if the official is the decision-maker for the application.
(3)
Forward Application and Provide Notification.
(A)
In cases where the responsible official is not the decision-maker,
the responsible official shall forward the application for review
to any advisory board/commission and the final decision-maker, and
shall prepare a report to such board or commission, or to the city
council, including the compilation of any comments and recommendations
by other administrative officials.
(B)
If applicable, the responsible official also shall prepare required
notices and schedule the application for decision within the time
(if any) and in the manner required by this zoning ordinance.
(h)
Recommendation
by Advisory Board/Commission.
Unless otherwise prescribed
within this zoning ordinance, an advisory board/commission that is
required to offer a recommendation to the decision-maker shall recommend
one of the following:
(i)
Action
by the Decision-Maker.
(1)
The decision-maker for the application shall approve, approve with
conditions or deny the application in accordance with this zoning
ordinance.
(2)
Unless otherwise prescribed by law or city charter, where the decision-maker
is a board, commission or the city council, the application shall
be decided by majority vote of a quorum of the members of the board,
commission or the city council.
(j)
Conditions.
The initial or final decision-maker may attach such conditions
to the approval of an application as are reasonably necessary to ensure
compliance with applicable requirements of this zoning ordinance.
(Ordinance 2021-08 adopted 2/11/21)
(a)
Official
Vesting Date.
(1)
Pursuant to Texas Local Government Code chapter 245, an application
or plan for development is considered filed on the date the applicant
delivers the application or plan to the city or deposits the application
or plan with the United States Postal Service by certified mail addressed
to the city.
(2)
A certified mail receipt obtained by the applicant at the time of
deposit is prima facie evidence of the date the application or plan
was deposited with the United States Postal Service.
(3)
Every application or plan is subject to a determination of completeness
by the responsible official for processing the application pursuant
to section 14.804(b), Determination of Completeness for Zoning Related
Applications.
(Ordinance 2021-08 adopted 2/11/21)
(a)
Purpose.
(1)
The pre-application conference is intended to allow for the exchange
of non-binding information between the applicant and city staff to
ensure that the applicant is informed of pertinent city development
regulations and processes.
(2)
The pre-application conference provides an opportunity for the applicant
and city staff to discuss major development considerations such as
utilities, roadways, drainage concerns, comprehensive plan elements,
specific neighborhood characteristics, and historic information.
(3)
This exchange of information is intended to promote an efficient
and orderly review process.
(b)
Pre-Application
Conference Before the Submission of Plans and Applications.
(1)
Prior to formal submittal of any required plan or application, the
applicant is encouraged to consult with the city manager, the building
official, and any other pertinent city staff in order for the applicant
to become familiar with the city’s development regulations and
the development process.
(2)
At the pre-application conference, the applicant may be represented
by his/her agent, land planner, engineer, surveyor, or other qualified
professional.
(c)
Vested
Rights Waiver.
(1)
The pre-application conference is optional and allows for the exchange
of information between the applicant and city staff. It is not the
intent of the pre-application conference to bind either the applicant
or city staff to items discussed at the meeting.
(2)
For consideration of a vested right to develop under previously adopted regulations, refer to section 14.1004, Zoning Vested Rights Petition.
(3)
A pre-application conference shall not commence or be held unless
the property owner, or applicant as an authorized agent of the property
owner, signs a vested rights waiver stating that no vested rights
shall accrue from any discussion that occurs at the pre-application
conference.
(4)
If the property owner does not sign a vested rights waiver, no such
conference shall be held, and the property owner or his/her representatives
may proceed with his/her application submittal as he/she so chooses.
(5)
A copy of the vested rights waiver form shall be available in the
office of the city manager.
(Ordinance 2021-08 adopted 2/11/21)
(a)
Applicability.
The following procedures shall apply to any zoning related plan
or application that is required by the city and is submitted in accordance
with this zoning ordinance.
(b)
Determination
of Completeness for Zoning Related Applications.
Every
required application shall be subject to a determination of completeness
by the responsible official for processing the application.
(1)
Acceptance Standards.
The application shall only be
accepted by the responsible official for processing when it is accompanied
by all documents required by, and prepared in accordance with, the
requirements of this zoning ordinance. A typographical error shall
not, by itself, constitute an incomplete application.
(2)
Acceptance Procedures.
A determination of completeness
of an application shall be conducted in accordance with the following
procedures:
(A)
A determination of completeness shall be made by the responsible
official not later than the tenth (10th) business day, unless otherwise
specified, after the official vesting date.
(B)
If the submitted application is incomplete, then the applicant shall
be notified in writing not later than the tenth (10th) business day
after the official vesting date.
(i)
Such notice shall be served by depositing it in the U.S. Postal Service,
or by electronic mail transmission, before the tenth (10th) business
day following submission of the application.
(ii)
The notification shall specify the documents or other information
needed to complete the application, and shall state the date the application
will expire if the documents or other information are not provided
to the city.
(C)
An application shall be deemed complete on the eleventh (11th) business
day after the application has been received if notice is not served
in accordance with subsection 14.804(b)(2)(B) (above).
(D)
If the application is determined to be complete, the application
shall be processed as prescribed by this zoning ordinance.
(3)
Acceptance Shall Not Constitute Compliance.
A determination
of completeness shall not constitute a determination of compliance
with the substantive requirements of this zoning ordinance.
(4)
Acceptance Shall Not Guarantee Approval.
There is no
implied intent or guarantee that an accepted and completed application
will be approved, if after the application is deemed complete, it
is determined that the application does not comply with this zoning
ordinance.
(c)
Resubmittal
After Notification of Incompleteness.
(1)
If the application is resubmitted after a notification of incompleteness
within the time allotted in subsection 14.804(b)(2)(B) (above), the
application shall be processed upon receipt of the resubmittal.
(2)
To the extent that the information or documents submitted are not
sufficient to enable the decision-maker to apply the criteria for
approval, the application may be denied on such grounds.
(d)
Expiration
of a Zoning Related Application–Before Approval Decision.
Pursuant to Texas Local Government Code chapter 245, an application
shall automatically expire (ending all vesting claims) at the close
of business on the forty-fifth (45th) calendar day after the application’s
official vesting date, if:
(1)
The applicant fails to provide documents or other information necessary
to comply with the city’s technical requirements relating to
the form and content of the permit application;
(2)
The city provides to the applicant, not later than the tenth (10th)
business day after the date the application is filed, written notice
that specifies the necessary documents or other information, and the
date the application will expire if the documents or other information
is not provided; and
(3)
The applicant fails to provide the specified documents or other information
necessary to comply with the city’s requirements relating to
the application within the time provided in the notification.
(e)
Zoning
Amendment Application.
(1)
Complete Applications Required.
No zoning amendment
application shall be accepted for filing or processing unless such
request is accompanied by a completed application and all documents
required by and prepared in accordance with the requirements of the
Development Application Handbook, zoning regulations and any other
applicable ordinance and it is filed with the city manager.
(2)
Texas Local Government Code chapter 245 does not apply to zoning
amendment applications. Chapter 245 of the Texas Local Government
Code, as amended, shall not apply to a zoning amendment application
or an ordinance establishing zoning since neither is a permit under
this zoning ordinance or LGC chapter 245.
(3)
Denial of Zoning Applications.
(A)
If any city official processes a zoning application prior to the
application being determined complete, the application shall then
be deemed invalid and shall be grounds for denial or revocation of
such application.
(B)
A typographical error shall not constitute an incomplete application.
(C)
The applicant may be notified of such denial or revocation for an
incomplete zoning application in writing.
(f)
Vesting
Begins on the Official Vesting Date.
An application shall
be vested into the standards of the zoning ordinance in effect at
the time of the application’s official vesting date.
(g)
Submission
of Previously Decided Zoning Related Application.
After
the final decision on a specific application by the decision-maker,
the same application shall not be submitted again until after six
(6) months from the decision-maker’s action.
(Ordinance 2021-08 adopted 2/11/21)
