(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)
Application.
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.
Development agreement.
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.
Project.
A specific development or property improvement endeavor undertaken by a property owner and documented in one or more permit applications filed by the owner.
(1) 
If land is being added to an existing or proposed development for expansion, a new project is beginning.
(2) 
If the permit involves or requires any zoning use or change, other than mere conversion to government use, it is a new project.
(3) 
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.
(4) 
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.
(5) 
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.
Subsequent permits.
All permits needed for a project except for the first permit needed for a project.
Use.
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) 
Sections 28.11.001, 28.11.002, and 28.11.003 do not apply to:
(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.
(d) 
This chapter is not subject to its own sections 28.11.003 or 28.11.004. Unless otherwise expressly provided for, any modification, amendment or repeal of this chapter takes effect immediately and governs all pending applications.
(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)