(a)
The provisions of this article do
not extend a deadline for, or expiration date of, an application or
approval under city ordinances.
(b)
Unless other city ordinances expressly
reference and expressly provide otherwise, the provisions of this
article supersede any conflicting provision of city ordinances, and
of any other rules or regulations adopted under city ordinances.
(c)
The provisions of this article do
not create any property rights or vested rights in any applicant or
other individual or entity.
(d)
The provisions of this article are
applicable only to permits or other authorizations granted by the
city in connection with development agreements between the city and
a landowner(s) and applications for special use permits, preliminary
plans, final plats, replats, amending plats, subdivision improvement
permits, site development permits, building permits, landscaping permits,
utility permits or construction plans.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
An application submitted pursuant to city ordinances for
approval of special use permits, preliminary plans, final plats, replats,
amending plats, subdivision improvement permits, site development
permits, building permits, landscaping permits, utility permits or
construction plans.
An agreement between the city and a landowner(s), which contains
comprehensive provisions for the development of property in the extraterritorial
jurisdiction of the city.
A specific development or property improvement endeavor undertaken
by a property owner and documented in one or more permit applications
filed by the owner.
If land is being added to an existing
or proposed development for expansion, a new project is beginning.
If the permit involves or requires
any zoning use or change, other than mere conversion to government
use, it is a new project.
Once construction has begun and been
completed, permits for new construction on the same property are not
considered part of the same project unless expressly contemplated,
documented or applied for in an original permit application.
If the initial application references
a building or buildings, once all the referenced buildings have been
built according to approved plans and regulations, the project has
ended with respect to buildings or building permits.
A new project is not initiated by
alterations specifically required by the city or that are occasioned
merely by attempts to decrease impervious cover or dedication of property
to public use.
All permits needed for a project except for the first permit
needed for a project.
The purpose for which the lot is developed or occupied as
reflected in the nature of the business or residence on the lot and
the condition and appearance of the site. A change in use, such as
a change from retail to office, may not necessitate a change in zoning.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11; Ordinance 2021-04-19-02 adopted 4/19/21)
(a)
Except as otherwise provided in this
chapter, an application must comply with the regulations in effect
on the date the permit or other authorization is granted by the city.
(b)
The existing condition of a property
at the time of adoption of this chapter or at the time of annexation
may continue in that state if the use of the property is in accordance
with the original design and the condition of the lot poses no hazard
to life, health or property.
(c)
A lot that undergoes a change in
use shall comply with the requirements of this chapter and other city
ordinances which are applicable to the new use.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
If a development agreement has been
entered into by the city with landowner(s) for a project, approval
of subsequent permits for the same project and for activities, consistent
with that development agreement shall be governed by the ordinances
in effect on the date provided in the development agreement for the
period provided in the development agreement up to a maximum period
of ten years.
(b)
For all other projects, approval of subsequent permits shall be governed by the ordinances in effect on the filing date of the application for the first permit required for completion of the project. In order for permits to be associated with a project, i.e. required for the completion of that project, the application for the permit must specifically note the project, as defined in section 28.11.002, for which the permit is being sought.
(c)
(1)
Ordinances adopting updated versions
of the uniform building, fire, electrical, plumbing, or mechanical
codes promulgated by a recognized national code organization;
(2)
New ordinances to the extent they
are expressly exempted from this chapter or specific sections of this
chapter; or
(3)
Ordinances that the city is required
to enact pursuant to federal or state law.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
Owners wishing to take advantage
of one or more of the provisions of this article must submit such
a request to the building and development services department. Within
30 days, the code official shall respond with a determination as to
whether this chapter applies and, if so, the specific date that will
determine which ordinances apply.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
In this section, “permit,”
“project,” and “regulatory agency” have the
meanings assigned to them by chapter 245 of the Texas Local Government
Code.
(b)
Any permit that has an approval date
that is prior to May 11, 2000 and that does not have an expiration
date, and for which no progress had been made toward completion of
the project as of May 11, 2000, is hereby deemed to have an expiration
date of May 11, 2004.
(c)
The owner of a tract of land located
within the city limits or its extraterritorial jurisdiction who seeks
to assert rights pursuant to a permit described by this section and
who contends that progress had been made toward completion of the
project as of May 11, 2000 shall make a written request to the code
official for a determination. The owner must submit sufficient documentation
to establish whether progress had been made toward completion of the
project. The code official shall make the determination and issue
a certificate of response within 20 days after receipt of the request.
(d)
If an owner described by subsection (c) disagrees with the decision of the code official, the owner may submit a written request for review of the code official’s determination to the city council within 30 calendar days from the date of the code official’s decision.
(e)
“Progress toward completion
of the project” includes any one of the following:
(1)
An application for a final plat or
plan is submitted to a regulatory agency;
(2)
A good-faith attempt is made to file
with a regulatory agency an application for a permit necessary to
begin or continue towards completion of the project;
(3)
Costs have been incurred for developing
the project including, without limitation, costs associated with roadway,
utility, and other infrastructure facilities designed to serve, in
whole or in part, the project (but exclusive of land acquisition)
in the aggregate amount of five percent of the most recent appraised
market value of the real property on which the project is located;
(4)
Fiscal security is posted with a
regulatory agency to ensure performance of an obligation required
by the regulatory agency; or
(5)
Utility connection fees or impact
fees for the project have been paid to the regulatory agency.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
