(1)
Purpose.
The purpose of this Chapter is to establish the responsibilities and structure for administering and enforcing this Unified Development Code (Code), including the reviewing authority and minimum review procedures that will be followed by each reviewing authority. Chapter 3 provides supplemental information to the review procedures described in Chapter 2.
(2)
Conformity
with Development Regulations.
All City officials and
employees with the responsibility or authority to issue a permit,
certificate, or license are prohibited from issuing a permit or license
for any use, building, or purpose that conflicts with any provision
of this Code. Any permit[,] certificate or license issued in conflict
with the provisions of this Code shall be null and void.
(Ordinance adopted 11/10/20)
(1)
It
is the responsibility of an applicant to provide accurate and complete
information and plans to comply with the requirements of this Code
and all applicable laws and regulations. The City of Blanco is not
responsible for the accuracy of information or plans provided to the
City for its review or approval.
(2)
The
City or its representatives may inspect any development activity to
enforce the provisions of this Code. By submitting an application
to the City, the applicant consents to entry upon the site by the
City or its representatives during regular business hours for the
purpose of making reasonable inspection to verify information provided
by the applicant and to verify that work is being performed in accordance
with the approved plans and permits and the requirements of this Code.
(3)
The
use of the following term in this Code refers to the person, entity,
or agent thereof who may apply for an approval or a permit or another
decision of the City under the Code. All such terms shall be considered
interchangeable. The terms include the following: owner, owner’s
agent, landowner, property owner, applicant, developer, and subdivider.
(Ordinance adopted 11/10/20)
(1)
City
Council (Council).
(a)
General.
The regulations and restrictions of the City
Council for the City of Blanco will be pursuant to the provisions
of applicable statutory requirements of the State of Texas.
(b)
Powers and Duties.
The City Council (Council) has the
following powers and duties:
i.
Appointments and Removal.
The City Council is responsible
for appointing and removing any member of the Planning and Zoning
Commission, Board of Adjustment, and Historic Preservation Commission.
Appointments and Removals will be made on the recommendation of the
Mayor and a vote of approval by the City Council. Any Commission or
Board may recommend appointment or removal of any member to the City
Council.
ii.
The City Council has responsibility for hearing and taking final
action in the following procedures described in this Code.
1.
Comprehensive Plan Amendment
2.
Unified Development Code Text Amendment
3.
Annexation
4.
Zoning Map Amendment
5.
Historic District Designation
6.
Special Use Permit
7.
Final Plat
8.
Development Agreement
10.
Dedication of land and community
11.
Any other specific procedure or legislative action that requires
City Council action as specified in this Code or required by state
or federal law.
(c)
City Council Final Action.
The Council will review the
application, any underlying Advisory Board (such as the Planning &
Zoning Commission) recommendations, as well as the City Staff’s
report, conduct a hearing in accordance with the Council’s established
procedures and state law, and take final action on the application.
(d)
Criteria for Approval.
The Council will approve an application
only once determined that:
(e)
Appeals.
A person aggrieved by a final action on a Council
procedure may appeal to a competent court of record.
(2)
Planning
and Zoning Commission.
(a)
General.
i.
The regulations and restrictions of the Planning and Zoning Commission
for the City of Blanco will be pursuant to the provisions of applicable
statutory requirements of the State of Texas.
ii.
No requirement or procedure of the Planning and Zoning Commission
action may govern if it conflicts with specific provisions of this
Code.
(b)
Powers and Duties.
i.
The Planning and Zoning Commission has the powers and duties of a
Planning and Zoning Commission in accordance with Texas Local Government
Code Section 211.007 and Section 371.042, provided, however, that
it serves only in an advisory capacity to the City Council.
ii.
The Planning and Zoning Commission’s authority extends to and
includes review and recommendation of the following:
(c)
Membership and Voting.
i.
The Planning and Zoning Commission (also known as the “P&Z”
will be formed and conduct all activities in accordance with this
Code and other applicable City Code requirements, the ordinance creating
the Commission, and any adopted By-laws that have been approved by
City Council.
ii.
The Planning and Zoning Commission shall be composed of seven (7)
commissioners, which include the Chair, who are appointed by the City
Council.
1.
Three (3) voting commissioners shall be residents of the City of
Blanco or its extraterritorial jurisdiction (ETJ).
2.
Two (2) voting members may live outside the city limits so long as
they own businesses or are employed within the city limits of Blanco
or its ETJ.
3.
Two (2) voting members may live outside the city limits so long as
they live in Blanco County.
iii.
Commissioners shall serve at the pleasure of the Blanco City Council
for two-year terms expiring on the date of the May council meeting
in odd-numbered years. (the “Deemed Resignation”) However,
if the City Council fails to reappoint a Commissioner in accordance
with the immediately preceding sentence, then the Commissioner(s)
shall be authorized to act in the capacity as a Commissioner(s) until
such time as the Blanco City Council accepts or rejects the Deemed
Resignation
iv.
Recommendations for members to serve shall be made by the Planning
& Zoning Commission and appointed by the City Council. Any member
of the Commission who fails to attend at least seventy-five percent
(75%) of all meeting of the Commission within any twelve (12) month
period shall be removed from the Commission, unless such failure to
attend was the result of illness or other acceptable excuse as determined
by the City Council
v.
The Planning and Zoning commission shall choose its own Officers.
All members, including the Chair, shall be entitled to one (1) vote
upon each question.
(d)
Planning and Zoning Commission Review Process.
The Planning
and Zoning Commission review process will be required for any permit
application that requires review and recommendations from the Planning
and Zoning Commission, as described in this Code.
i.
Initiation of a Planning and Zoning Commission process may be made
upon application by the property owner of the affected property or
its authorized agent.
ii.
An application must be made in a format consistent with requirements
determined by the City in accordance with this Code. Applications
must include materials determined necessary by the Commission including
but not limited to a copy of the most recent plat and/or deed of the
property. Information regarding the format requirements and submittal
materials required for the application shall be delineated by the
City and available to Applicants either in this Code or by inquiring
with the City Secretary. Incomplete submissions will not be heard
by the Planning and Zoning Commission.
(e)
Planning and Zoning Commission Final Action.
The Planning
and Zoning Commission will serve as an Advisory Body to the City Council.
The Planning and Zoning Commission will have no authority for final
action.
(f)
Criteria for Recommendation.
An application will not
be recommended for approval until the Commission determines that:
i.
The application is complete, and the information contained within
the application is sufficient and correct so as to allow adequate
review and a decision on a recommendation by the appropriate review
authority.
ii.
The application conforms to the requirements of this Code and any
applicable state law.
iii.
The application conforms to the Unified Development Code and any
other standards set forth in this Code:
1.
The City’s current and future streets, sidewalks, alleys, parks,
playgrounds, and public utility facilities; and
2.
The extension of the City or the extension, improvement, or widening
of its roads, taking into account access to and extension of sewer
and water mains and the instrumentalities of public utilities.
3.
Any subdivision design and improvement standards adopted by the City
pursuant to Texas Local Government Code Section 212.044, governing
plats and subdivision of land within the City’s jurisdiction
to promote the health, safety, morals, or general welfare of the City
and the safe, orderly, and healthful development of the City.
iv.
The tract of land subject to the application is adequately served
by public improvements and infrastructure or will be adequately served
upon completion or [of] required improvements.
(3)
Board
of Adjustment (BOA or Board).
(a)
General.
The regulations and restrictions of the Board
of Adjustment (BOA) for the City of Blanco will be pursuant to the
provisions of applicable statutory requirements the State of Texas.
No BOA action may govern if in conflict with specific provisions of
this Code.
(b)
Powers and Duties.
(c)
Membership and Bylaws.
The BOA will be constituted and
conduct all activities in accordance with the Code and all other applicable
Codes, and any adopted Bylaws approved by City Council. The City Council
of the City of Blanco will act as the BOA until such time as a separate
BOA has been created.
(d)
BOA Review Process.
The BOA review process will be required
for any permit or application that requires final action from the
BOA, as described in this Code.
i.
Initiation of a BOA process may be made upon:
1.
Application by the property owner of the affected property or its
authorized agent.
2.
An administrative exception requested by the City Engineer.
3.
Appeal of an administrative decision may be initiated by any person
aggrieved by the administrative decision, in compliance with Section
211.010 of the Texas Local Government Code.
ii.
Applications must be made in a format consistent with requirements
determined by the City and contained within this Code. Applications
must include all materials determined necessary by the City and set
forth within this Code. Information regarding format requirements
and submittal materials required for the application will be made
available by the City Staff in advance of any application.
iii.
Appeal of an administrative decision must be made to the BOA in a
format acceptable to the BOA.
iv.
Completeness Determination. Upon submission of an application, the City Staff will determine whether the application is complete, as described in Chapter 3.
v.
Appeals of administrative decisions will be forwarded to the BOA
regardless of completeness. The BOA will determine whether the appeal
is complete.
vi.
Staff Review. Once a procedure has been initiated and the application
has been deemed as complete, the City Staff will review the application,
considering any applicable criteria for approval and prepare a report
for the BOA.
vii.
The City Staff may establish procedures for administrative review
necessary to ensure compliance with this Code and state law.
viii.
The City Staff’s report may include a recommendation for final
action.
(e)
BOA Final Action.
The BOA will review the application,
the City Staff’s report, conduct a hearing in accordance with
the BOA’s established procedures and state law, and take final
action on the application. In accordance with Texas Local Government
Code Section 211.009, the concurring vote of seventy-five percent
(75%) of the members of the board are necessary to:
(f)
Criteria for Approval.
The Board of Adjustment may authorize
a Zoning Variance from the requirements of the zoning provisions of
this Unified Development Code if the Variance from the terms of the
zoning provisions is not contrary to the public interest and, due
to special conditions, a literal enforcement of the requirements would
result in unnecessary hardship, so the spirit of this Code is preserved,
and substantial justice is done. No Zoning Variance shall be granted
unless the BOA finds all of the following:
i.
Extraordinary conditions:
That there are extraordinary
or special conditions affecting the land involved such that strict
application of the provisions of this Unified Development Code will
deprive the applicant of the reasonable use of their land. For example,
a Zoning Variance might be justified because of topographic or other
special conditions unique to the property and development involved,
while it would not be justified due to inconvenience or financial
disadvantage.
ii.
No Substantial Detriment:
That the granting of the Zoning
Variance will not be detrimental to the public health, safety, or
welfare or injurious to other property in the area or to the City
in administering this Code.
iii.
Other Property:
That the conditions that create the
need for the Zoning Variance do not generally apply to other property
in the vicinity.
iv.
Applicant’s Actions:
That the conditions that
create the need for the Zoning Variance are not the result of the
applicant’s own actions.
v.
Comprehensive Plan:
That the granting of the Zoning
Variance would not substantially conflict with the Comprehensive Plan
and the purposes of this Code.
vi.
Utilization:
That because of the conditions that create
the need for the Zoning Variance, the application of this Code to
the particular piece of property would effectively prohibit or unreasonably
restrict the utilization of the property.
vii.
Insufficient Findings:
The following types of possible
findings do not constitute sufficient grounds for granting a Zoning
Variance:
viii.
Profitability Not to Be Considered:
The fact that
the property may be utilized more profitably should a Zoning Variance
be granted may not be considered grounds for a Zoning Variance.
(g)
Appeals.
A person aggrieved by a final action on a BOA
procedure may appeal to a competent court of record within ten (10)
days of the final action (see Texas Local Government Code, Section
211.011).
i.
Failure to appeal within ten (10) days shall cause the action to
become [final]. The action will be abated upon request of either party
mediation [sic] if appealed within ten (10) days.
ii.
Prior to filing an appeal with a competent court of record, any party
to an appeal may request that alternative resolution of the dispute
is attempted.
(4)
Historic
Preservation Commission (HPC).
(a)
General regulations and restrictions of the Historic Preservation
Commission (HPC) for the City of Blanco shall be pursuant to the provisions
of applicable statutory requirements of the State of Texas.
(b)
Powers and Duties.
ii.
Additional Duties.
The HPC has the following additional
duties:
1.
To act and assist the City in formulating design guidelines and other
supplemental materials relevant to historic preservation or design
review.
2.
To render advice and guidance, upon request of the property owner,
its authorized agent, or occupant, on new construction or the restoration,
alteration or maintenance of any historic resource or other building
within the District; and
3.
To perform any other functions requested by the City Council
(c)
Membership and Bylaws.
The HPC will be constituted and
conduct all activities in accordance with this Code and any bylaws
approved by City Council. The Historic Preservation Commission will
consist of Six (6) members. Each member shall serve a term of two
(2) years. The Chair shall be appointed from the members by City Council.
All members, including the Chair, shall be entitled to one (1) vote
upon each question.
(d)
HPC Review Process.
i.
The HPC review process will be required for any permit or application
for a property located within a Historic District, as described in
this Code.
ii.
Initiation of an HPC review process may be made upon application
by the property owner of the affected property or its authorized agent,
or the occupant, to the City Secretary.
iii.
Upon submission of an application, the City Secretary will determine whether the application is complete, as described in Chapter 3.
1.
Application must be submitted in a format consistent with requirements
determined by the City.
2.
Applications must include all materials required by the City. Format
requirements and submittal materials required for the application
will be available on the City website or at City Hall, during its
normal hours of business.
iv.
Once a procedure has been initiated and the application deemed complete,
the appropriate City Staff will review the application, considering
any applicable criteria for approval and then prepare a report to
the HPC. The City Staff may establish procedures for administrative
review necessary to facilitate the most efficient determination of
their completeness and processing them to the HPC.
(e)
HPC Final Action.
The HPC will review the application
and the Staff’s report, conduct a hearing in accordance with
the HPC’s established procedures and state law, and make recommendations
to the Planning and Zoning Commission and City Council on the application.
An application before the HPC will be considered recommended for approval
by a simple majority.
(f)
Criteria for Recommendation.
The application must be complete and contain all information and forms listed as necessary by the City in this section to allow for adequate review. Specific criteria for granting a certificate of design compliance are provide [provided in] Chapter 3.
(g)
Appeal.
i.
Appeal to Planning and Zoning Commission.
An applicant
for a permit or application for property located within a Historic
District dissatisfied with the action of the HPC relating to the issuance
or denial of a permit or application shall have the right to appeal
to the Planning and Zoning Commission within thirty (30) days after
receipt of notification of such action. The Planning and Zoning Commission
shall conduct a hearing within thirty (30) days of receipt of a written
letter of appeal. The Planning and Zoning Commission shall give notice
to the applicant by mail. The Planning and Zoning Commission shall
make its decision within thirty (30) days of the hearing.
ii.
Appeal to City Council.
An applicant for a permit or
application for a property located within a Historic District dissatisfied
with the action of the Planning and Zoning Commission relating to
the issuance or denial of a permit or application shall have the right
to appeal to the City Council within thirty (30) days after receipt
of notification of such action. The City Council shall conduct a hearing
within thirty (30) days of receipt of a written letter of appeal.
The City Council shall give notice to the applicant by mail. The City
Council shall make its decision within thirty (30) days of the hearing.
(5)
City
Staff.
(a)
General.
i.
The administrative official for the purposes of this Code shall be the City Secretary, or any other City employee designated to be so. The City Council may designate any assistants, deputies, consultants, and department heads insofar as they may be charged by the City Staff and the provisions of this chapter with duties and responsibilities referenced in this Chapter and Chapter 3.
ii.
The City Staff, and those members of City Staff deemed most appropriate,
shall ordinarily administer the provisions of this Code.
iii.
The City Staff shall serve as staff to the Planning and Zoning Commission,
Board of Adjustment (BOA), Historic Preservation Commission, and the
City Council except where otherwise provided by this Chapter; provided,
however, the City Staff may not be charged with the responsibility
to record the official minutes of Planning and Zoning Commission,
Board of Adjustment (BOA), or the Historic Preservation Commission.
(b)
Powers and Duties.
The City Staff has the following
powers and duties:
i.
Action.
The City Staff is responsible for taking final
action on the following procedures described in this Code and according
to the specific criteria for each procedure as described in the Code.
ii.
Review and Report.
The City Staff may review and make
a report for recommendation to the Historic Preservation Commission,
BOA, Planning and Zoning Commission, or City Council, as required
pursuant to the Code, on the following procedures:
1.
Comprehensive Plan Amendment
2.
Unified Development Code Text Amendment
3.
Annexation
4.
Zoning Map Amendment
5.
Historic District Designation
6.
Special Use Permit
7.
Concept Plan
8.
Final Plat
9.
Development Agreement
10.
Variance Request (all variance requests including those that go to
City Council and Board of Adjustment)
iii.
Additional Duties.
The City Staff shall have the following
additional Duties and Rights:[1]
1.
To comply with any other duty or responsibility clearly assigned
to the City Staff elsewhere in the Code;
2.
To follow all provisions of this Code;
3.
To meet all potential applicants in pre-application conferences as
described in this Code;
4.
To act and serve as staff for each review body designated by this
Code;
5.
To render reasonable guidance, upon reasonable request of any property
owner, or its agent, or occupant on development, or new construction
or the restoration, alteration or maintenance of any historic resource
or other building within the City; and
6.
To provide notice of hearings as required by state law and this Code.
[1]
Editor’s note–Renumbered for sequence.
(c)
Administrator Review Process.
i.
The City Staff shall comply with any specific procedures described
in this Code.
ii.
The City Staff may develop administrative rules or additional procedures
to clarify implementation of this Code, provided that such rules or
procedures are set out and approved by the City Council prior to their
implementation or enforcement, and provided further those additional
procedures do not violate any other provisions of this Code.
iii.
The City Staff will develop administrative procedures for application
requirements for all procedures described within or developed pursuant
to this Code. Such requirements must be sufficient to permit the staff
to effectively review the application and for the final approving
authority to render an informed decision.
iv.
Whenever there appears to be an uncertainty, vagueness, or conflict
in the terms of the Code, the City, in consultation with City staff,
the City Engineer, or City Attorney, as may be appropriate, shall
make every effort to interpret the Code in such a way that it fulfills
the goals of Comprehensive Plan and the UDC. The interpretation given
by the City Staff shall be final unless Applicant has new information
to introduce in an Appeal that could materially affect the City’s
interpretation as it applies to their Application.
(d)
Administrator Final Action.
The Administrator will review
the application and take final action on the application.
(e)
Criteria for Approval.
The Administrator will approve
an application only once determined that:
(f)
Appeals.
A person aggrieved by a final action on an
Administrative procedure may appeal to the BOA within ten (10) days
of the final action[.]
(6)
City
Engineer.
(a)
General.
i.
The City Engineer must be a registered professional engineer, licensed
by the State of Texas and competent in the design and review of land
development and urban public works. The City Staff will appoint a
City Engineer to function as described in this Code.
ii.
The City Engineer is an advisor to the City Staff. As such, the City
Engineer’s powers are delegated by the City Staff, and in the
case of conflict, the City Staff’s decisions will prevail. This
does not allow the City Staff to make decisions that require the certification
of a registered professional engineer, only that the authority delegated
to the City Engineer stems from the City Staff and can be revoked
in the case of conflict.
(b)
Powers and Duties.
i.
Final Action.
The City Engineer is responsible for taking
final action on the following procedure described in this Code, subject
to the specific criteria for the procedure as described the Code:
ii.
Review and Report.
The City Engineer will review and
make either a report or recommendation to the City Staff and Planning
and Zoning Commission on the following procedures, subject to the
terms and conditions set forth for such procedures in this Code:
(c)
Compliance with Rules and Procedures.
i.
The City Engineer shall comply with any specific procedures or technical
criteria described in this Code.
ii.
The City Engineer may develop and implement additional procedures
or technical criteria to clarify implementation of this Code, provided
that such procedures or criteria are approved by the City Staff prior
to their implementation and enforcement, and provided further that
the additional procedures do not violate any other provision of this
Code.
(Ordinance adopted 11/10/20; Enacted by action of the city council on 3/8/22)
Table 3.1 summarizes the decision-making authority of each review body for the City of Blanco (outlined above in Chapter 2 and further described in Chapter 3). A review authority with decision-making authority for a procedure is considered the Final Action Authority for that procedure.
(Ordinance adopted 11/10/20)
