The purpose of this Chapter is to establish application procedures,
internal review procedures, public notice and hearing procedures,
and review criteria for the processing of applications and actions
that affect the development and use of property subject to the jurisdiction
of the City of Blanco.
(Ordinance adopted 11/10/20)
(1)
General.
(a)
Review authorities for applicable development applications and permits
are described in Table 3.1 below.
(b)
Applicable fees and timelines for review will be established and
may be adjusted periodically by City Ordinance.
(c)
Certain procedures apply inside city limits that do not apply in
the ETJ. Table 3.1 also provides guidelines for the procedures that
apply in the city limits or ETJ.
(2)
Policy-Related
Applications and Permits.
(a)
Approval of applications for development is based upon the proposed
development’s conformance with existing regulations.
i.
Such regulations include the Comprehensive Plan, Zoning Map, this
Code, and any other bases for consideration described in this Code.
ii.
In cases where a proposed development is not in accordance with these
policies, changes to policies made by the appropriate review entity
(either the City Council or Board of Adjustment) before any subdivision
development not in accordance with existing policies may proceed.
(b)
Procedures for each Policy-Related application are discussed in Section
3.5 and include:
(3)
Subdivision-Related
Applications and Permits.
(a)
Subdivision-related procedures are necessary to establish individual
lots appropriate for development. These procedures are used to establish
what is commonly referred to as a Legal Lot, on which development
may occur. Subdivision activities and project[s] must be in compliance
with this Code.
(4)
Development-Related
Applications and Permits.
(a)
Development in the City must occur in compliance with all regulations
of this Code, and development in the extraterritorial jurisdiction
must occur in compliance with certain elements of this Code (See Section
1.4 for applicability of requirements to the ETJ).
(b)
Procedures for each Development-Related application are discussed
in Section 3.7 and include:
i.
Letter of Regulatory Compliance,
ii.
Certificate of Historic Design Compliance,
iii.
Building Permit,
iv.
Variance,
v.
Temporary Use Permit,
vi.
Certificate of Occupancy,
vii.
On-Site Wastewater Permit,
viii.
Sign Permit,
ix.
Administrative Decision or Exception, and
x.
Appeal of an Administrative Decision.
|
Table 3.1 Summary of Review Authority
| |||||||
|---|---|---|---|---|---|---|---|
|
Permit or Application
|
Within ETJ
|
Administrative Review
|
Historic Preservation Commission
|
Board of Adjustment
|
Planning & Zoning Commission
|
City Council
|
Blanco County
|
|
POLICY-RELATED APPLICATIONS AND PERMITS
| |||||||
|
Comprehensive Plan Amendment
|
+
|
R
|
|
|
R
|
X
|
|
|
UDC Text Amendment
|
+
|
R
|
|
|
R
|
X
|
|
|
Annexation
|
+
|
R
|
|
|
|
X
|
|
|
Zoning Map Amendment
|
|
R
|
R
|
|
R
|
X
|
|
|
Special Use Permit
|
|
R
|
R
|
|
R
|
X
|
|
|
Historic District Designation
|
|
R
|
R
|
|
R
|
X
|
|
|
Written Interpretation
|
+
|
X
|
|
|
|
|
|
|
SUBDIVISION-RELATED APPLICATIONS AND PERMITS
| |||||||
|
Concept Plan (if applicable)
|
+
|
R
|
|
|
R
|
X
|
|
|
Final Plat
|
+
|
R
|
|
|
R
|
X
|
|
|
Administrative Plat
|
+
|
X
|
|
|
|
|
|
|
Development Agreement
|
+
|
R
|
|
|
R
|
X
|
|
|
DEVELOPMENT-RELATED APPLICATIONS AND PERMITS
| |||||||
|
Letter of Regulatory Compliance
|
+
|
X
|
|
|
|
|
|
|
Cert. of Hist. Design Compliance
|
|
R
|
R
|
|
R
|
X
|
|
|
Temporary Use Permit
|
+
|
R
|
|
|
R
|
X
|
|
|
Special Use Permit
|
+
|
X
|
|
|
R
|
X
|
|
|
Building Permit
|
+
|
X
|
|
|
|
|
|
|
Certificate of Occupancy
|
+
|
X
|
|
|
|
|
|
|
On-Site Wastewater Permit
|
+
|
X
|
|
|
|
|
|
|
Sign Permit
|
+
|
R
|
|
X
|
|
|
|
|
Appeal of Admin. Decision
|
|
|
|
X
|
|
|
|
|
Administrative Exception
|
|
|
|
X
|
R
|
|
|
|
Variance
|
|
R
|
|
X
|
R
|
|
|
|
+: Applicable
|
|
X: Final Action
|
|
R: Review and Recommend
|
(5)
Development
Applications Requiring Multiple Approvals.
(a)
Policy-related applications for permits required for a particular
project may occur in any order but shall be sequenced so that when
final actions occur, each approval provides any requisite requirement
for a subsequent related approval.
(b)
Subdivision applications may generally be considered concurrently.
i.
The Certificate of Compliance review should occur before any Subdivision
Application.
ii.
No application for final plat review will be considered complete
and accepted for submittal until final action on the Concept Plan
(if applicable) has occurred.
iii.
Approval of the final plat shall not be granted until written approval
of associated construction plans and plans for dedication of land
and community facilities has been given by the City Staff.
(c)
Development applications may generally be considered concurrently.
i.
No development or permit application may be considered if there is
pending subdivision activity for the same tract of land, except for
administrative determinations.
(d)
Simultaneous Subdivision [Submittal] of Related Applications.
Submittal of different applications related to the same development
may be made simultaneously, although the review and processing of
applications must remain in sequence as described in Table 3.1 above
and elsewhere in this Code.
i.
Applications [Applicants] may file multiple applications for non-concurrent
actions/approval, provided, however, that applications shall be reviewed
and processed in the sequence required pursuant to this Code.
ii.
After each application receives final action, the next consecutive
application in the Code process will be reviewed for completeness
pursuant to the appropriate process.
iii.
Any application submitted simultaneously with other applications
is subject to approval of all other related applications that are
prerequisite(s) to consideration of another application in the development
process.
iv.
Denial or disapproval of any concurrently submitted application shall
prevent consideration of any related applications unless and until
the denied or disapproved application is resolved or approved.
v.
An applicant may withdraw any individual application from a group
of simultaneously submitted applications.
(Ordinance adopted 11/10/20)
(1)
Pre-Application
Conference.
(a)
Prior to submission of an application, a pre-application conference
(a meeting between the potential applicant and City Staff) may be
required. The conference is an opportunity for an applicant to describe
the development that will be submitted and for the City Staff representative
to explain the development process (i.e. which application is appropriate,
which review body is responsible for final action, what the potential
timelines for review may be, and what criteria will be used to determine
whether the application may be approved). The pre-application conference
can be held in person or via telephone.
(b)
Completion of a pre-application conference does not imply or indicate
subsequent City approval of the permit.
(c)
The pre-applicant [pre-application] conference shall proceed as follows:
i.
The applicant may request, or the City may require, a pre-application
conference.
ii.
Upon completion of the conference, the applicant must attest to whether
or not the applicant is satisfied it has received adequate information
to proceed with its application.
iii.
Pre-application conferences may be combined when an applicant will
be making simultaneous applications for the same project. Completion
of a combined pre-application conference does not imply or indicate
City approval of any requisite application.
(d)
A pre-application conference is recommended for the following applications;
provided, however, that one pre-application conference may suffice
for a project involving multiple submittals of development applications.
(2)
Application
Forms and Fees.
The following regulations shall apply
to all applications.
(a)
Forms.
i.
Applications required under this Code shall be submitted on forms
with any requested information and attachments and in such numbers
as required by the City.
ii.
The City shall have the authority to request any pertinent information
required to ensure compliance with this Code.
iii.
The City must make any submission requirements and applicable fee
requirements available to the applicant.
iv.
The City may require that applications be prepared and submitted
initially in paper and electronic format and finally in Mylar and
digital formats acceptable to the City.
v.
The City council may, from time to time, adopt by resolution specific
forms and submission requirements. Such resolution shall be incorporated
as an Appendix to this Code.
(b)
Fees.
i.
Application fees shall be established from time to time by ordinance
of the City Council.
ii.
An applicant who has paid the appropriate fee pursuant to submission
of a subdivision or development application, but who chooses to withdraw
such application prior to the formal written notification of completeness
or incompleteness, shall be entitled to a refund of fifty percent
(50%) of the total amount paid upon written request to the City. The
applicant is responsible for payment of consultant fees incurred for
reviewing the subdivision or development submission, even in the case
of application withdrawal.
iii.
The application fee required for all policies related applications
are not refundable.
iv.
Fee for certificate or mailing costs.
(3)
Determination
of Application Completeness.
(a)
All applications shall be completed and submitted to the City in
accordance with established procedures. An application shall not be
considered as officially submitted or accepted for filing until it
is determined to be complete as specified below.
(b)
A determination of whether an application is complete will be made
by the City Staff within fifteen (15) business days of submittal of
the application. City Holidays will not be counted towards the fifteen
(15) business days.
(d)
If the application is determined to be incomplete, the City shall
notify the applicant in writing.
i.
The notification shall list missing or incomplete items and provide
a specific period of time (fifteen (15) business days) for the applicant
to resubmit the outstanding material. The applicant may request an
additional meeting for explanation of the missing or incomplete items.
ii.
If the application is not resubmitted within the period specified
by the City Staff, a new application and fee shall be required.
(e)
Determination that an application is complete only assures that the
documents and materials required to be submitted under this Code have
been received. A determination of completeness does not preclude any
negative final action by the City and does not include any implied
determination that the application successfully meets any of the review
criteria.
(4)
Standard
Review Period.
(a)
The City is required to establish a standard time period for review
and final action on all applications.
i.
This review period will be used to determine the number of days for
all time limits within this Code.
ii.
If the City Staff fails to establish review periods for each procedure,
the default review period will be ninety (90) days, unless state law
imposes a shorter period, in which event the shorter period will prevail.
(b)
All time requirements are guidelines, and do not require final action
within a specified period of time. The following rules describe administration
of time requirements.
i.
If a final action has not been taken on an application [by] the appropriate
City Staff, board, or commission at the end of the time requirement
for that application:
ii.
Ongoing consideration of an application beyond the standard review
period allows a review body or the final action authority to work
in good faith with the applicant to make changes, modifications, and
corrections in order to continue consideration of an application that
might otherwise be disapproved without the changes, modifications,
or corrections.
iii.
If the applicant elects to proceed without making any changes, modifications,
or corrections to the application, the applicant may request final
action.
1.
Once consideration of an application has continued past the standard
review period and is eligible for final action upon request of the
applicant, the applicant may request in writing a final action decision
from the final action authority.
2.
An administrative final action authority must respond with written
notification of setting the application for final action within ten
(10) days.
(c)
Exception to Standard Review Period.
i.
The standard review period for any application may be extended one
time for a period not to exceed thirty (30) days if a review body
or final action authority requests additional studies or information
concerning the application. Such an extension may not be granted after
an applicant has requested final action.
ii.
Standard review periods may be extended by the City when, in the
opinion of the City, conditions beyond the City’s control exist
that prevent the City or any final action authority from effectively
reviewing and considering all applications in a timely manner.
1.
Typical conditions may include an excessive number of applications
received by the City during a certain period of time, inadequate staff
time due to temporary limitations of personnel resources or lack of
availability of a required professional staff member or consultant
such as the City Engineer and City Attorney.
2.
The City may initially declare that such conditions exist without
approval of the City Council and must provide timely notice to all
affected applicants.
3.
The City will report the action requiring the extended review period
to the Mayor or the Mayor’s designee.
4.
In order to have the review period officially changed, the Mayor
or the Mayor’s designee must determine the need for an extended
review period in writing. The period must have a time limit not to
exceed ninety (90) days.
5.
If the Mayor or Mayor’s designee does not determine that an
extended review is needed, then the authority of the City Staff to
set aside standard review periods for this exception is no longer
valid.
iii.
During these periods, all applications being considered are subject
to the extended review period.
iv.
If the conditions causing the delay are not resolved, the process
may be repeated. An applicant may request final action, as specified
in Section 3.3(4)(b) above if the City has not taken final action
on the application one hundred and twenty (120) days after the date
the standard review period would have expired.
v.
The delay of standard review periods may not be implemented as a
moratorium.
(5)
Written
Decision after Final Action.
(a)
Within ten (10) days after a final decision is made by the authority
authorized to make the final determination under the requirements
of this Code, a copy of the written decision will be sent to the applicant
by certified mail, return receipt requested.
(b)
The written decision will also state the final action findings, conclusions,
and supporting reasons or facts whenever this Code requires such findings
as a prerequisite to the final action.
(c)
A copy of the notice will be filed at the office of the Blanco City
Clerk, where it will be available for public inspection during regular
office hours.
(6)
Expiration
of Permits and Approvals.
(a)
Approvals and permits issued pursuant to this Code shall expire according
to the following table unless the proposed development, project, or
use for which the approval was given is considered to be in process,
defined as follows:
(b)
A lapse of a period equal to or greater than the period set forth
in Table 3.2 shall cause the related approvals or permits to expire
and be of no further force and effect.
i.
Notification of the expiration of permits may be provided to the
applicant as part of the notification of approval of the development-related
permit.
ii.
The City Staff may extend the expiration date of any permit one time
for a period not to exceed one (1) year in length upon payment of
a new fee.
iii.
The extension period may not begin later than the original expiration
date.
(c)
Reinstatement of a lapsed approval shall require the applicant to
pursue the same submittal and to obtain approval as an original application.
(d)
Expiration of Certain Applications.
i.
In case of projects where more than one building or phase is to be
built, the applicant may submit a series of building permit applications.
ii.
A Written Interpretation remains in effect indefinitely where no
related development is proposed.
iii.
Upon submission of a proposed development application related to
Letters of Regulatory Compliance or Written Interpretation, the Letter
of Regulatory Compliance or Written Interpretation shall expire according
to Table 3.2 unless the proposed development is not pursued.
iv.
Any Concept Plan, final plat, or administrative plat approved prior
to the adoption of this Code that is dormant in accordance with the
provisions of Texas Local Government Code Section 245.005 will expire
upon adoption of this Unified Development Code by the City Council.
|
Table 3.2 Expiration of Inactive Permits or Approvals
| |
|---|---|
|
Procedure
|
Expiration
|
|
Comprehensive Plan Amendment
|
No Expiration
|
|
UDC Text Amendment
|
No Expiration
|
|
Annexation
|
No Expiration
|
|
Zoning Map Amendment (Zoning or Rezoning)
|
No Expiration
|
|
Special Use Permit
|
12 Months
|
|
Historic District Designation
|
No Expiration
|
|
Written Interpretation
|
12 Months
|
|
Concept Plan
|
24 Months
|
|
Final Plat
|
12 Months
|
|
Administrative Plat
|
12 Months
|
|
Development Agreement
|
(as specified in Agreement)
|
|
Letter of Regulatory Compliance
|
12 Months
|
|
Certificate of Design Compliance
|
12 Months
|
|
Variance
|
12 Months
|
|
Temporary Use Permit
|
2 Months (or as specified in Permit)
|
|
Building Permit
|
12 Months
|
|
Certificate of Occupancy
|
No Expiration
|
|
Sign Permit
|
12 Months
|
|
Administrative Exception
|
12 Months
|
|
Appeal of Administrative Decision
|
12 Months
|
(7)
Reapplication.
(a)
If any development permit application or other application for approval,
and petition for a plan amendment or any petition for an amendment
to this Code is disapproved by the final action authority another
application or petition for the same permit, approval, or amendment
for the same property or any portion thereof may not be filed within
a period of six (6) months from the date of final disapproval, except
with written approval of the City Council.
(b)
In the case of zoning change applications, another application may
not be filed within a period of twelve (12) months from the date of
final disapproval.
(c)
A reapplication must demonstrate:
i.
There is a substantial change in circumstances relevant to the issues
and/or facts considered during the original review of the application
that might reasonably affect the decision-making body’s review
of the relevant standards to the development described in application;
or
ii.
New or additional information is available that was not available
at the time of the original application that might reasonably affect
the decision-making body’s review of the relevant standards
to the proposed development; or
iii.
A new application is proposed to be submitted that is materially
different (e.g., proposes new uses or a substantial decrease in proposed
densities and intensities) from the prior application; or
iv.
The final decision on the application was based on a material mistake
of fact.
(Ordinance adopted 11/10/20; Enacted by action of the city council on 3/8/22)
(1)
Required
Public Hearing.
Public hearings shall be required for
applications in accordance with Table 3.3.
|
Table 3.3 Summary of Required Public Hearing
| ||||
|---|---|---|---|---|
|
Type of Application
|
Historic Preservation Committee
|
Board of Adjustment
|
Planning & Zoning Comm.
|
City Council
|
|
Comprehensive Plan Amendment
|
|
|
X
|
X
|
|
UDC Amendment
|
|
|
X
|
X
|
|
Annexation
|
|
|
|
X
|
|
Zoning Map Amendment
|
|
|
X
|
X
|
|
Special Use Permit
|
|
|
X
|
X
|
|
Variance
|
|
X
|
X
|
|
|
Historic District Designation
|
X
|
|
X
|
X
|
|
Development Agreement
|
|
|
X
|
X
|
|
Certificate of Design Compliance
|
X
|
|
X
|
X
|
|
Appeal of Administrative Decision
|
|
X
|
|
|
|
Appeal of Denial of Sign Permit
|
|
X
|
|
|
|
X - Public Hearing Required
|
(2)
Summary
of Notice Required.
Notice shall be required for a public
hearing on an application as shown in Table 3.4.
(a)
Published Notice.
The City Staff shall publish public
notice at least once in a local newspaper of general circulation within
the City at least fifteen (15) days in advance of the meeting or hearing.
The notice will contain the time and place of such public meeting
or hearing and description of the agenda items that may be considered
or reviewed.
(b)
Mailed Notice.
A Notice of Public Hearing shall be sent
by the City Staff through U.S. mail to owners of record of real property
within two hundred (200) feet of the parcel under consideration and
within the City Limits of Blanco determined by the most recent tax
rolls from the Blanco County Central Appraisal District. The notice
must be mailed at least eleven (11) days prior to the date set for
the public hearing.
(c)
Posted Notice.
The applicant shall be responsible for
posting notice along rights-of-way frontage of the subject property
in a format approved by the City Staff not less eleven (11) days prior
to the scheduled public hearing.
(d)
Internet Notice.
Any notice shall also be posted on
the City’s website at least fifteen (15) days prior to a public
hearing.
|
Table 3.4 Summary of Notice Requirements
| ||||
|---|---|---|---|---|
|
Procedure
|
Published
|
Mailed
|
Posted
|
Internet
|
|
Comprehensive Plan Amendment
|
X
|
|
|
X
|
|
UDC Text Amendment
|
X
|
|
|
X
|
|
Annexation (must follow procedural requirements under Texas
Local Government Code, Ch. 43)
|
X
|
X
|
X
|
X
|
|
Zoning Map Amendment (Zoning or Rezoning)
|
X
|
X
|
X
|
X
|
|
Special Use Permit
|
X
|
X
|
X
|
X
|
|
Historic District Designation
|
X
|
X
|
X
|
X
|
|
Development Agreement
|
X
|
X
|
X
|
X
|
|
Certificate of Design Compliance
|
|
|
X
|
X
|
|
Variance
|
X
|
X
|
X
|
X
|
|
Appeal of Administrative Decision
|
X
|
|
|
X
|
|
Appeal of Denial of Sign Permit
|
|
|
X
|
X
|
|
X-Notice Required
|
(3)
Conduct
of Public Hearing.
(a)
All public hearings shall follow the procedures set forth by the
City of Blanco. (See Section 3.4(2)(a) above and Texas Local Government
Code Sections 211.006 and 211.007)
(b)
Modifications of the application during a public hearing may be made
if assurances can be given by the applicant that the changes will
be made. The City Council or other review authority holding the public
hearing may approve or recommend action on the application subject
to the suggested changes being incorporated into the application.
(4)
Decision(s)
of the Planning and Zoning Commission shall be delivered by the chairperson
of the Planning and Zoning Commission or their delegate to the City
Secretary for consideration so that said decision may be included
in the next city council’s agenda.
(Ordinance adopted 11/10/20)
This section provides specific approval criteria for policy-related
applications:
(1)
Comprehensive
Plan Amendment.
(a)
Applicability.
The City of Blanco Comprehensive Plan
2005 (the “Comprehensive Plan”) reflects Blanco’s
long-term plan for growth and development. The City Council may, from
time to time, on its own motion or on petition, amend, supplement,
change, modify, or repeal the regulations, restrictions, and boundaries
contained in the Comprehensive Plan.
(b)
Review Process.
ii.
Staff Review.
1.
Once a procedure has been initiated, the City Staff will review the
application, considering any applicable criteria for approval and
prepare a report to the Planning and Zoning Commission and City Council.
2.
The City Staff may establish procedures for administrative review
necessary to ensure compliance with this Code and state statutes.
3.
The City Staff’s report may include a recommendation for final
action.
iii.
Planning and Zoning Commission Review.
The Planning
and Zoning Commission will hold a public hearing, in accordance with
its rules and state law, and make a recommendation to the City Council.
iv.
City Council Final Action.
The City Council will hold
a public hearing, in accordance with its rules and state law, and
may take final action on the proposed amendment.
(c)
Criteria for Approval.
In determining whether to approve,
with modifications, or disapprove a proposed amendment, the City Council
shall consider the following matters regarding the proposed amendment:
i.
The proposed amendment promotes the health, safety, or general welfare
of the City and the safe, orderly, and healthful development of the
City.
ii.
The proposed amendment is consistent with other goals and objectives
of the Comprehensive Plan. The proposed amendment is consistent with
the specific provisions of the Unified Development Code. Any potential
conflicts of proposed amendments with the UDC or Comprehensive Plan
shall be considered and resolved prior to the review and adoption
of any amendment.
iii.
The City Council may consider other criteria it deems relevant and
important in taking final action on the amendment.
(d)
Responsibility for Final Action.
The Planning and Zoning
Commission shall make recommendations regarding Comprehensive Plan
amendments and shall forward their recommendation to the City Council.
The City Council is responsible for final action on Comprehensive
Plan Amendments.
(2)
Unified
Development Code Text Amendment.
(a)
Applicability.
Amendments to this Code may be made from
time to time in order to establish and maintain sound, stable, and
desirable development within the jurisdiction of the City or to correct
errors in the text or to account for changing conditions in a particular
area or in the City.
(b)
Review Process.
ii.
Staff Review.
1.
Once a procedure has been initiated, the City Staff will review the
application, considering any applicable criteria for approval and
prepare a report to the Planning and Zoning Commission and City Council.
2.
The City Staff may establish procedures for administrative review
necessary to ensure compliance with the Code and State statutes.
3.
The City Staff’s report may include a recommendation for final
action.
iii.
Planning and Zoning Commission Review.
The Planning
and Zoning Commission will hold a public hearing, in accordance with
its rules and state law, and make a recommendation to the City Council.
iv.
City Council Final Action.
The City Council will hold
a public hearing, in accordance with its rules and state law, and
may take final action on the proposed amendment.
(c)
Criteria for Approval.
In determining whether to approve,
approve with modifications, or disapprove a proposed amendment, the
City Council shall consider the following matters regarding the proposed
amendment:
i.
The proposed amendment promotes the health, safety, or general welfare
of the City and the safe, orderly, and healthful development of the
City.
ii.
The proposed amendment is consistent with the Future Land Use element
and with other goals and objectives of the Comprehensive Plan.
iii.
The proposed amendment is consistent with specific provisions of
this Code. Any potential conflicts of proposed amendments with the
UDC shall be considered and dealt with prior to the review and adoption
of any amendment.
(d)
Responsibility for Final Action.
The Planning and Zoning
Commission shall make recommendations regarding UDC amendments and
shall forward their recommendation to the City Council. The City Council
is responsible for final action on UDC Amendments.
(3)
Zoning
Map Amendment (Rezoning).
(a)
Applicability.
i.
For the purpose of establishing and maintaining sound, stable and
desirable development within the corporate limits of the City, the
Official Zoning Map may be amended based upon changed or to rezone
an area, or to extend the boundary of an existing zoning district.
ii.
Zoning changes must be made by Zoning Map Amendment.
(b)
Review Process.
ii.
Application.
1.
Upon submission of an application, the City Staff will determine
whether the application is complete, as described in Section 3.3(3).
2.
Information regarding the format requirements and materials required
for the application will be made available by the City Staff in advance
of any application.
3.
Application on behalf of a property owner must be made in a format
consistent with requirements established by the City Staff Applications
[sic] and must include all materials determined necessary by the City
Staff.
4.
Applications prepared by the City Staff on behalf of the City Council
or Planning and Zoning Commission shall be considered complete. The
City Staff is responsible for ensuring that a complete application
is prepared for changes initiated by the City Council or Planning
and Zoning Commission such that all material necessary for the City
Council to render an informed decision is provided.
iii.
Staff Review.
1.
Once a procedure has been initiated and the application deemed complete,
the City Staff will review the application, considering any applicable
criteria for approval, and prepare a report to the Planning and Zoning
Commission and the City Council.
2.
The City Staff may establish procedures for administrative review
necessary to ensure compliance with this Code and state law.
3.
The City Staff’s report to the Planning and Zoning Commission
and City Council may include a recommendation for final action.
iv.
Historic Preservation Commission Review.
The Historic
Preservation Commission will review and make a recommendation to the
Planning and Zoning Commission and City Council regarding any zoning
changes within a Historic District.
v.
Planning and Zoning Commission Review.
The Planning
and Zoning Commission will hold a public hearing, in accordance with
its rules and state law, and make a recommendation to the City Council.
vi.
City Council Final Action.
The City Council will hold
a public hearing, in accordance with its rules and state law, and
take final action on the application, according to the following rules:
1.
The rezoning or initial zoning of annexed territory will become effective
by a simple majority vote of the City Council.
2.
If a proposed rezoning of a tract of land has been protested in writing
by the owners of at least twenty percent (20%) of the area within
two hundred feet (200') of the tract (who are also residents inside
the City Limits), the rezoning will become effective by a supermajority:
three-fourths (3/4) vote of the City Council.
3.
A three-fourths (3/4) vote of the City Council is required to overrule
a recommendation by the Planning and Zoning Commission that a regulation
or boundary be denied.
(c)
Criteria for Approval.
Zoning changes may be approved
when the following standards are met:
i.
The application is complete, and the information contained within
the application is sufficient and correct enough to allow adequate
review and final action;
ii.
The zoning change is consistent with the Future Land Use element
of the Comprehensive Plan, which may be amended according to the procedure
in the Section;
iii.
The zoning change promotes the health, safety, or general welfare
of the City and the safe, orderly, and healthful development of the
City;
iv.
The zoning change is compatible with and conforms with uses of nearby
property and the character of the neighborhood;
v.
The property affected by the zoning change is suitable for uses permitted
by the proposed amendment to the zoning map;
vi.
Infrastructure, including roadway adequacy, sewer, water and storm
water facilities, is or is committed to be available that is generally
suitable and adequate for the proposed use; and
vii.
Newly annexed areas shall have a base zoning of Agriculture. A property
owner may submit a zoning application for a different base zoning
district to run concurrently with the annexation process.
(d)
Responsibility for Final Action.
The Planning and Zoning
Commission shall make recommendations regarding Zoning Map amendments
and shall forward their recommendation to the City Council. The City
Council is responsible for final action on Zoning Map Amendments.
(4)
Special
Use Permit.
(a)
Applicability.
i.
Special use permits allow for discretionary City Council approval
of uses with unique or widely varying operating characteristics or
unusual site development features, subject to the terms and conditions
set forth in this Code.
ii.
Such uses may locate in districts as indicated in Table 4.2 and under
special conditions described in a special use permit recommended by
the Planning and Zoning Commission and approved by the City Council.
iii.
No such use shall commence without prior approval of a Special Use
Permit.
(b)
Review Process.
i.
Initiation.
Initiation of a Special Use Permit may be
made upon petition by the property owner.
ii.
Application.
A binding site plan for the Special Use
Permit must be submitted for review by the City Council in order to
approve issuance of a Special Use Permit. The Site Plan must be reviewed
by the City Staff for compliance with this Code.
iii.
Staff Review.
Once a procedure has been initiated and
the application deemed complete, the City Staff will review the application,
considering any applicable criteria for approval and prepare a report
to the Planning and Zoning Commission and the City Council.
iv.
City Council Final Action.
The City Council will hold
a public hearing, in accordance with its rules and state law, and
take final action on the application.
(c)
Criteria for Approval.
i.
In addition to the criteria for zoning changes found in this Section,
the City Council will review the Special Use Permit application based
on the potential use’s impact on:
1.
The health, safety and welfare of the surrounding neighborhood;
2.
Public infrastructure such as roads, parking facilities and water
and sewer systems;
3.
Public services such as police and fire protection and solid waste
collection; and
4.
The ability of existing infrastructure and services to adequately
provide services.
ii.
The City Council may approve an application for a Special Use Permit
where it reasonably determines that there will be no significant negative
impact upon residents of surrounding property or upon the general
public.
iii.
Additional Criteria for Short-term Rentals.
1.
The property affected by the request is within a R1, R2, R3, or R5
zoning district.
2.
The property affected by the application, if granted, will not substantially
impact, affect, or impair the underlying character or usage within
the zoned district in which the property is located.
3.
The application if granted will have no adverse effect on any property
within one thousand (1,000) feet of the affected property.
4.
The proposed property occupancy relative to the size of the property.
5.
The applicants' consent and agreement to operate in accordance with
the other requirements for short-term rentals set forth in the City's
Code of Ordinances.
6.
The application if granted will not result in permitting more than
10% of the dwelling units in a city block, neighborhood or similar
geographic area as STRs; provided, owner-occupied properties are not
subject to this limitation but shall be used in calculation of the
percentage; provided, this provision is a guideline and may be exceeded
if the applicant demonstrates that the proposed use substantially
protects the character and integrity of the surrounding block, neighborhood
or similar geographic area.
(d)
Responsibility for Final Action.
The City Council is
responsible for final action on applications for Special Use Permits.
(5)
Historic
District Designation.
(a)
Applicability.
Application of a Historic District Designation
shall have the effect of applying historic preservation restrictions
to the area, parcel, or landmark district.
(b)
Review Process.
ii.
Interim Control during Historic District Consideration.
1.
No building permit may be issued by the City for alteration, construction,
demolition, or removal of any property or structure within an area
proposed for designation to the historic district. The designation
is not deemed complete until a final decision is made by the City
Council.
2.
Alterations, removal, or demolition shall be authorized by formal
action of the City Staff as necessary for preservation of the public
health, welfare, or safety as provided for in this Code.
3.
In no event will the delay to issuance of the building permit exceed
one hundred and twenty (120) days, unless a moratorium is then in
effect.
iii.
Staff Review.
Once a procedure has been initiated and
the application deemed complete, the City Staff will review the application,
considering any applicable criteria for approval and prepare a report
to the City Council.
iv.
Historic Preservation Commission Review.
1.
The Historic Preservation Commission will hold a public hearing,
in accordance with its rules and state law, and make a recommendation
on the. application.
2.
In recommending the application of an historic overlay designation
to an area of the City, the Historic Preservation Commission (HPC)
shall recommend express findings to the Planning and Zoning Commission
and City Council regarding the specific structures, landscapes, or
other physical aspects of the district on which it bases the determination
required by the above criteria.
v.
City Council Final Action.
The City Council will hold
a public hearing, in accordance with its rules and state law, and
take final action on the application.
(c)
Criteria for Approval.
In addition to the approval criteria
for zoning changes in this Section, the City Council will consider
the following in determining whether the Historic District Designation
should be applied to a structure, site, or area of the City:
i.
Character, interest, and/or value of the structure, site and/or area
because of its unique role in the development, heritage, or cultural
characteristics of the City of Blanco, State of Texas, nation, or
other society.
ii.
Occurrence of a notable historical event at the structure or site
of area.
iii.
Identification or relationship of a structure, site, or area with
a person or persons who contributed notably to the culture and development
of the City, State, nation, or other society.
iv.
Multiple buildings in a structure or site under consideration of
distinctive elements of architectural design, detail, material, or
craftsmanship related to uniqueness to area or the related distinctiveness
of craftsmen, master builder or architect, or a style.
v.
Archaeological value in the sense that the structure, site, or area
has produced or can be expected to yield, based on physical evidence,
information affecting knowledge of history or prehistory of the area.
vi.
Other unique historical value.
(d)
Responsibility for Final Action.
i.
The Historical Preservation Commission shall make recommendations
regarding Historic District Designation and shall forward their recommendation
to the Planning and Zoning Commission.
ii.
The Planning and Zoning Commission shall make and forward a recommendation
to the City Council.
iii.
The City Council is responsible for final action on Historic District
Designation.
(6)
Written
Interpretation of the Unified Development Code.
(a)
Applicability.
i.
The City Staff shall have the authority to make all written interpretations
of this Code.
ii.
Whenever there appears to be an uncertainty, vagueness, or conflict
in the terms of the Code, the Mayor or designee, in consultation with
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 the Unified Development Code.
iii.
The interpretation given by the Administrator shall be final unless
an appeal is made by the applicant to the Board of Adjustment to overturn
the decision. In such a case, the burden shall be on the applicant
to prove that the Administrator’s interpretation is unreasonable
and in clear conflict with the governing law and the goals of the
Comprehensive Plan.
(b)
Review Process.
i.
The City Staff will determine, based on analysis of the requested
interpretation and considering this Code, the correct interpretation
for whatever question is raised.
ii.
Submission requirements for written interpretations will be developed
by the City Staff.
iii.
The City Staff will first determine that the application does not
request a written interpretation that is already clear in this Code
or that the application could more appropriately be decided through
another procedure in this Code. If this is the case, the City Staff
shall reject the applicant’s proposed written interpretation
and refer the applicant to the appropriate section of the Code. This
reference will serve as the written interpretation.
(c)
Criteria for Approval.
In making a written interpretation,
the City Staff may consider, but is not limited to the following:
(d)
Responsibility for Final Action.
The City Staff is responsible
for final action regarding Written Interpretation of this Code. The
applicant may appeal this decision to the Board of Adjustment within
ten (10) days of a final decision.
(Ordinance adopted 11/10/20; Ordinance 2022-O-005 adopted 7/12/2022)
This section applies to subdivision-related applications within
the City of Blanco and within the City’s ETJ:
(1)
General
Requirements for Approval of Plats.
(a)
No land may be subdivided or platted through the use of any legal
description other than with reference to a plan approved by the City
Council or the City Staff in accordance with these regulations.
i.
It is an offense to offer and cause to be filed any plan, plat, or
replat of land within the City limits or ETJ of Blanco of record with
the County Clerk unless the plan, plat, or replat bears the endorsement
and approval of the City Staff.
ii.
The platting or subdivision of any lot or any parcel of land, by
the use of GPS using the Texas State Plane Coordinate System as a
substitute for metes and bounds for the purpose of sale, transfer,
lease, or development is prohibited.
iii.
The Texas State Plan [Plane] Coordinate System may be used as supporting
documentation only and the datum source must be referenced.
iv.
All plats submitted for review and approval shall include a title
report, which shall include, at minimum, a description of current
ownership; existing liens, restrictions and easements; and the effective
date of such report.
(b)
No person shall transfer, lease, sell, or receive any part of a parcel
before an administrative plat or final plat of such parcel and the
remaining parcel has been approved by the City Council in accordance
with the provisions of these regulations in this Code and filed of
record with the County Clerk of Blanco County.
i.
No land described in this Section, except for property exempt from
platting under state law, shall be platted or sold, leased, transferred,
or developed until the property owner has obtained approval of the
applicable Concept Plan, final plat, or development agreement from
the City Council or the City Staff as required by these regulations.
ii.
No building permit or certificate of occupancy may be issued for
any parcel or tract of land until such property has received final
plat or development agreement approval and is in conformity with the
provisions of this Code, the plat has been recorded, and public improvements
have been accepted by the City (if applicable).
iii.
No private improvements will take place or be commenced except in
conformity with these regulations in this Code.
(c)
Prior to the subdivision, re-subdivision, or development of any land
within the City, or its extraterritorial jurisdiction, all plans,
plats, and construction plans for infrastructure improvements must
first be approved in accordance with regulations specified below except
for:
i.
Construction of additions or alterations to an existing building
where no drainage, street, utility extension or improvement, additional
parking, or street access change required to meet the standards of
this Code are necessary to support such building addition or alterations.
ii.
Divisions of land created by order of a court of competent jurisdiction.
iii.
A change in ownership of a property through inheritance or the probate
of an estate.
iv.
Cemeteries in compliance with all state and local laws and regulations.
(2)
Concept
Plan.
(a)
Applicability.
i.
A Concept Plan is intended to provide the City Council with a plan
of the proposed subdivision for review by the City Council and City
Staff for initial approval to form the basis for final plats.
iii.
All subsequent phases of development must be in accordance with the
approved Concept Plan and any modifications required by the City Council.
iv.
Approved Concept Plans may be revised and resubmitted for review
in the same manner with the same documentation as a new Concept Plan.
Revised Concept Plans will not be binding unless approved by City
Council. If disapproved by the City Council, the original Concept
Plan will control.
(b)
Review Process.
i.
Requirements for Concept Plan applications shall be established by
the City Staff and will include basic engineering information necessary
for the Planning and Zoning Commission to render an informed recommendation
and for the City Council to render an informed decision.
ii.
Once a procedure has been initiated and the application deemed complete,
the City Staff will review the application, considering any applicable
criteria for approval, and prepare a report to the Planning and Zoning
Commission and the City Council.
(c)
Criteria for Approval.
A Concept Plan may be approved
when the standards for subdivisions and plats of land found in Section
3.6(1) is met.
(d)
Responsibility for Final Action.
i.
The Planning and Zoning Commission shall make recommendations regarding
Concept Plan approvals and shall forward their recommendation to the
City Council. The City Council is responsible for final action on
Concept Plan approval and may, by simple majority vote:
(e)
Action Following Approval.
i.
If the City Council approves the Concept Plan, the Subdivider may
submit a Final plat for the first phase of development and supporting
documentation as provided for herein. The Final plat shall reflect
any modifications required by the City Council in approving the Concept
Plan.
ii.
If the City Council rejects the Concept Plan, the Subdivider may
resubmit the Concept Plan to City Staff with the appropriate fees
and other required documentation for consideration by the Planning
and Zoning Commission and the City Council.
(3)
Final
Plat (including replats and development plats).
(a)
Applicability.
i.
Final plat review is required to ensure that a final recorded plat
includes final engineering diagrams and descriptions that conform
to the Concept Plan as approved by the City Council. The final plat
must incorporate all changes from the Concept Plan that were considered
and approved by the City Council.
ii.
Replats and Development Plats shall follow the same process as a
Final Plat.
(b)
Final Plat Application Requirements.
i.
Submission requirements for the final plat will be developed by the
City Staff and will include detailed engineering information necessary
for the Planning and Zoning Commission to render an informed recommendation
and for the City Council to render an informed decision.
ii.
When filed, the final plat must also provide all support documentation
required by the County Clerk’s office for recordation.
iii.
Estimates for posting fiscal surety for landscaping requirements,
maintenance, erosion and sedimentation control, roads, and utilities
are also required for final plat review. Fiscal security format shall
be in form approved by City Staff and the City Attorney.
(c)
Approval Criteria.
Subdivisions and plats of land shall
be reviewed using the criteria in this Code and any technical criteria
referenced by this Code.
(d)
Responsibility for Final Action.
The Planning and Zoning
Commission shall make recommendations regarding Final Plat approval
and shall forward their recommendation to the City Council. The City
Council is responsible for final action on Final Plat approval.
(e)
Recordation.
If the City Council has approved the plat,
the City Staff or his designee has approved the construction plans,
and the subdivider has either posted fiscal surety and assurance of
construction or completed the required infrastructure and public improvements,
the final plat becomes the instrument to be recorded in the Office
of the County Clerk when all requirements have been met. The subdivider
shall pay the record filing fee and the City shall file the final
plat with the County Clerk. The City shall provide a copy of the filed
final plat to the subdivider within ten (10) days of recordation.
(4)
Administrative
Plat Review.
(a)
Applicability.
i.
Minor plats or amending plats may be approved by the City Staff following
an evaluation for plan compliance and technical compliance with this
Code.
ii.
Any plat that requires a waiver from Subdivision Design and Improvement
Standards, any utility dedication, or any dedication of land must
be reviewed as a Concept Plan by the Planning and Zoning Commission.
iii.
Minor Plat: A plat for five or fewer lots and that does not require
any dedication of land to the City of Blanco.
iv.
Amending Plat: A plat that complies with Texas Local Government Code
Section 212.016, as amended, which is generally submitted to correct
errors and omissions when agreed to by all adjacent property owner[s].
(b)
Review Process.
Submission requirements for the Administrative
Plat will be developed by City Staff and will include any engineering
information necessary for the City Staff to render an informed decision.
The City Staff will review the application, considering any applicable
criteria for approval.
(c)
Criteria for Approval.
An Administrative Plat may be
approved when the standard for subdivisions and plats of land found
in Section 3.6(1) is met.
(d)
Responsibility for Final Action.
i.
The City Staff is responsible for final action on Administrative
Plat Reviews.
ii.
If the City Staff determines the Administrative Plat does not meet
the approval criteria, the applicant may request that the application
be forwarded to the Planning and Zoning Commission for its review
and recommendation to City Council, which will take final action.
(e)
Action Following Plat Approval.
After approval of an
administrative plat, the subdivider shall notify the City Engineer
within ten (10) days which of the following construction procedure(s)
the subdivider proposes to follow:
i.
The subdivider may proceed with construction of streets, alleys,
sidewalks, and utilities that the subdivider is required to install.
ii.
The Subdivider may elect to post fiscal surety and assurance of construction as provided in Chapter 8.
1.
The surety of assurance shall be filed with the City, together with
a request that the plat be filed for record. The final plat will be
approved and filed with the County Clerk. The subdivider shall pay
the record filing fee.
2.
The City Engineer’s signature on the construction documents
provides the requisite authority for the subdivider to proceed with
the construction of streets and utilities.
3.
The City will inspect the construction work as it progresses and
will make the final inspection to assure compliance with City requirements.
(f)
Recordation.
After the City Staff has approved the plat, the City Engineer has approved the Construction Plan, and the subdivider has either posted fiscal surety and assurance of construction as provided in Chapter 8 or completed provision of infrastructure and public improvements, the final plat shall be recorded in the Office of the County Clerk. The subdivider will pay the record filing fee.
(Ordinance adopted 11/10/20; Ordinance 2022-O-013 adopted 12/13/2022)
This section applies to development-related applications within
the City of Blanco and with [within] the City’s ETJ:
(1)
Zoning
Verification Letter.
(a)
A Zoning Verification Letter may be issued by the City Staff to indicate
to a property owner that a specified use, clearly identified in the
application, is permitted within the zoning district.
(b)
A Zoning Verification Letter does not vest the property owner with
permission to proceed with a development, does not specify requirements
that must be met for future development, and does not include a determination
that a tract of land may be developed.
(c)
The City Staff may include additional information about the uses
and standards required for a development to proceed; however, any
such additional information does not constitute permission to proceed
with development.
i.
Legal Lot Verification Letter.
A Legal Lot Verification
Letter may be issued by the City to indicate that a lot has been properly
platted in accordance with Section 212.0115 of the Texas Local Government
Code.
ii.
Responsibility for Final Action.
The City Staff is responsible
for final action on Letters of Regulatory Compliance.
(2)
Certificate
of Historic Design Compliance.
(a)
Applicability.
i.
A Certificate of Historic Design Compliance from the City Staff is
required before the commencement of development within or work upon
any building or structure located within the historic Overlay District:
1.
Such work includes the erection, movement, demolition, reconstruction, restoration, or alteration of the exterior of any structure or site, except when such work satisfies all the requirements of ordinary maintenance and repair as defined in Appendix B Glossary [Section 1.13].
2.
No building permit shall be issued by the City for any structure
or site located within a Historic Overlay District or other applicable
Overlay District until the application for such permit has been reviewed
by the HPC and a Certificate of Historic Design Compliance has been
approved by the City Staff.
ii.
Certificate of Design Compliance for Demolition.
No
building or structure within any Historic or other applicable Overlay
District shall be demolished or removed unless such demolition is
reviewed by the HPC and approved by the City Staff and a Certificate
of Historic Design Compliance for such demolition has been granted.
(b)
Review Process.
Submission requirements for the Certificate
of Design Compliance will be developed by the City Staff and will
include any information necessary to render an informed decision.
The City Staff will review the application, considering any applicable
criteria for approval, and prepare a report to the Planning and Zoning
Commission and the City Council.
(c)
Criteria for Approval–General.
The Historic Preservation
Commission shall determine whether to recommend the issuance of a
Certificate of Design Compliance based on the criteria set forth for
Historic District Designation and the following criteria:
i.
The development complies with any design standards of this Code.
ii.
The development complies with any adopted Design Guidelines specific
to the applicable or Overlay District.
iii.
The integrity of an individual historic structure is preserved.
iv.
New buildings or additions are designed to be compatible with surrounding
historic properties.
v.
The overall character of the Historic or applicable Overlay District
is protected.
vi.
Signs that are out of keeping with the character of the site or landmarks
within the Historic or applicable Overlay District in question will
not be permitted.
vii.
The value of the Historic or applicable Overlay District as an area
of unique interest and character will not be impaired.
viii.
The following may also be considered by the Historic Preservation
Commission when determining whether to recommend issuance of a certificate
for design compliance:
1.
The effect of the proposed change upon the general historic, cultural,
and architectural nature of the site, landmark, or district.
2.
The appropriateness of exterior features, including parking and loading
spaces, that can be seen from a public street, alley or walkway.
3.
The exterior features of the building or structure and the relation
of such factors to similar features of buildings or structures in
the district, contrast or other relation of such factors to other
landmarks built at or during the same period, as well as the uniqueness
of such features, considering the remaining examples of architectural,
historical and cultural values.
(d)
Supplemental Demolition Criteria.
In determining whether
to recommend issuance of a certificate of design compliance for demolition,
the Historic Preservation Commission, and, on appeal, a court of competent
jurisdiction, shall consider the following criteria, in addition to
the criteria specified above:
i.
The uniqueness of the structure as a representative type of style
of architecture, historic association, or other element of the original
designation criteria applicable to such structure or tract.
ii.
The condition of the structure from the standpoint of structural
integrity and the extent of work necessary to stabilize the structure.
iii.
The economically viable alternatives available [to] the demolition
applicant, including:
1.
Donation of a part of the value of the subject structure or it to
a public or nonprofit agency, including the conveyance of development
rights and façade easement.
2.
Possibility of the sale or relocation of the structure or sale of
the site, or any part thereof, to prospective purchaser capable of
preserving such structure or site.
iv.
The potential of such structure or site for renovation and its potential
for continuing use.
v.
The potential of the subject structure of site for rezoning in an
effort to render such property more compatible with the physical potential
of the structure. The ability of the subject structure or site to
produce a reasonable economic return on investment for its owner may
also be considered, provided, however, that it is specifically intended
that this factor shall not have exclusive control and effect but shall
be considered along with all other criteria contained in this section.
(e)
Responsibility for Final Action.
The Historic Preservation
Commission is responsible for recommending to the City Staff an issuance
of a Certificate of Historic Design Compliance, and the City Staff
is then responsible for its issuance, based on the criteria specified
in this Section.
(3)
Building
Permit.
(a)
Applicability.
i.
The Building Permit application and review process ensures that the
plans for construction comply with the City of Blanco land use and
construction standards and includes a site plan showing lot boundaries,
set back lines, and improvements to include dimensions, locations
of improvements on lot, etc.
ii.
A Building Permit application and review process ensures the plans
for construction comply with the City of Blanco land use and construction
standards and includes a site plan showing lot boundaries, set back
lines, and improvements on lot, etc.
(b)
Review Process.
(c)
Criteria for Approval.
A Building Permit application
may be approved if the development proposal includes:
(d)
Responsibility for Final Approval.
The City Staff or
designated Consultant is responsible for final approval for a Certificate
of Occupancy.
(4)
Certificate
of Occupancy.
(b)
Review Process.
i.
A request for review of a Certificate of Occupancy application may
be submitted upon completion of construction of the building or structure,
including all required improvements.
ii.
The Building Official or Official’s designee will conduct an
inspection and the City Staff will review the application, considering
any applicable criteria for approval.
(c)
Criteria for Approval.
All required electrical, gas,
mechanical, plumbing, and fire protection systems must be inspected
for compliance with the technical Codes and other applicable laws
and ordinances and released by the Building Official.
(d)
Responsibility for Final Approval.
The City Staff is
responsible for final approval for a Certificate of Occupancy.
(5)
Temporary
Use Permit.
(a)
Applicability.
Temporary uses, as identified in Section
3.7, are required to obtain a temporary use permit from the City Staff.
The permit specifies the use, the period of time for which it is approved,
and any special condition attached to the approval.
(b)
Review Process.
Submission requirements for the Temporary
Use Permit will be developed by the City Staff and will include any
information necessary to render an informed decision. The City Staff
will review the application, considering any applicable criteria for
approval.
(c)
Criteria for Approval.
In addition to the general criteria
for consideration of administrative procedures, the City Staff shall
consider whether the application complies with the following standards:
i.
The temporary use must be compatible with the purpose and intent
of this Code and the zoning district in where it will be located.
ii.
The temporary use shall not impair the normal, safe, and effective
operation of a permanent use on the same site.
iii.
The temporary use shall not endanger or be materially detrimental
to the public health, safety or welfare, or injurious to property
or improvements in the immediate vicinity of the temporary use, given
the nature of the activity, its location on the site, and its relationship
to parking and access points.
iv.
The temporary use shall not cause undue traffic congestion or safety
concerns, as determined by the City Engineer, given anticipated attendance
and the design of adjacent streets, intersections and traffic controls.
v.
Adequate off-street parking shall be provided for the temporary use,
and it shall not create a parking shortage for any of the other existing
uses on or near the site.
vi.
Adequate on-site restroom facilities and solid waste containers may
be required.
vii.
The temporary use shall not cause any temporary or permanent nuisance.
The temporary use shall be compatible in intensity, appearance, and
operation with surrounding land uses in the area, and it shall not
impair the usefulness, enjoyment, or value of adjacent property due
to the generation of excessive noise, dust, smoke, glare, spillover
lighting, or other forms of environmental or visual pollution.
viii.
The City Staff shall consider any other conditions that may arise
as a result of the temporary use.
(d)
Compliance with Other Regulations.
i.
A Building Permit or temporary certificate of occupancy may be required
before any structure to be used in conjunction with the temporary
use is constructed or modified.
ii.
All structures and the site as a whole shall meet all applicable
building Code, zoning district, and fire Code standards.
iii.
Upon cessation of the event or use, the site shall be returned to
its previous condition (including the removal of all structures, trash,
debris, and signage, attention attracting devices, or other evidence
of the special event or use).
1.
The applicant shall provide a written guarantee that all litter generated
by the event or use shall be removed within reasonable and appropriate
time frame at no expense to the City.
2.
The guarantee shall be in a form and substance approved by the City
Staff, which may include the requirement of a fiscal posting.
iv.
The City Staff shall review all signage in conjunction with the issuance
of the permit.
v.
The City Staff may establish any additional conditions deemed necessary
to ensure land use compatibility and to minimize potential adverse
impacts on nearby uses, including, but not limited to, time and frequency
of operation, temporary arrangements for parking and traffic circulation,
requirements for screening/buffering, and guarantees for site restoration
and cleanup following the temporary use.
(e)
Duration.
The duration of the temporary use shall be
consistent with the intent of the use and compatible with the surrounding
land uses. The duration shall be established by the City Staff at
the time of approval of the temporary use permit. A temporary use
shall not be longer than ninety (90) days.
(f)
Responsibility for Final Action.
The City Staff is responsible
for final action on Temporary Use Permits.
(6)
Administrative
Exception.
(a)
Applicability.
i.
In order to provide a method by which human error (e.g., miscalculations)
may be corrected, administrative exceptions or adjustment may be permitted.
iii.
The City Staff shall have the authority to authorize an adjustment
of up to ten percent (10%) of any numerical standard.
iv.
Administrative exceptions require compliance with all other elements
of this Code not specifically excused or permitted by the administrative
exception.
(b)
Review Process.
(c)
Approval Criteria.
To approve an application for an
administrative exception, the City Staff must determine that the following
criteria are met:
i.
That granting the administrative exception serves an obvious and
necessary purpose.
ii.
That granting the administrative exception will ensure an equal or
better level of land use compatibility than the otherwise applicable
standards.
iii.
That granting the administrative exception will not materially or
adversely affect adjacent land uses or the physical character of uses
in the immediate vicinity of the proposed development because of inadequate
buffering, screening, setbacks, or other land use considerations.
iv.
That granting the administrative exception will be generally consistent
with the purposes and intent of this Code.
(d)
Responsibility for Final Action.
The City Secretary
is responsible for final action on Administrative Exceptions.
(7)
Appeal
of an Administrative Decision.
(a)
Applicability.
i.
An applicant may appeal an adverse decision by an administrative
official in accordance with this section to the Board of Adjustment
(BOA).
ii.
An applicant may only appeal the specific reasons given for the administrative
disapproval or denial.
iii.
An applicant may not appeal the disapproval or denial without effectively
establishing that the specific basis for the administrative disapproval
or denial was incorrect through material evidence not originally presented
to the City, or by establishing a material and distinct fact-finding
error.
(b)
Effect of Appeal.
All development activities permitted
by the action being appealed, or any subsequent approval, must stop
upon appeal, and remain inactive until the appeal is resolved.
(c)
Alternative Dispute Resolution.
i.
Prior to hearing or deciding an appeal of an administrative decision,
the Chairperson of the Board of Adjustment (BOA) may request the applicant
and administrative official(s) agree to mediation or other alternative
form of resolution of the dispute prior to a public hearing.
ii.
If the applicant refuses to accept alternative resolution of the
dispute, the appeal will be heard and acted upon by the BOA no later
than its next meeting.
iii.
If the applicant and administrative official(s) cannot agree on a
format or mediator for the appeal within thirty (30) days, the Chairperson
of the BOA may assign a mediator.
iv.
The mediator will coordinate the mediation or other alternative form
of resolution with the parties, including the date, time, and place
of meetings.
v.
The mediator may invite any person, organization, or governmental
unit with relevant information to participate in the mediation. The
parties may suggest person, organizations, or governmental units that
should be requested to participate.
vi.
Both parties will equally share any costs associated with the alternative
dispute resolution process, unless they agree otherwise in writing.
vii.
If no alternative resolution of the dispute can be agreed to by both
parties, or if a party is not participating in good faith, the mediator
may declare an impasse. The appeal will then be heard and decided
at the next BOA meeting.
viii.
The Board of Adjustment (and/or City Council) must approve in a public
hearing any alternative resolution of the appeal that involves a minimal
change in development standards of this Code and consistent with all
legal requirements.
(d)
Approval Criteria.
i.
The Board of Adjustment shall consider whether the City Staff’s
official action was appropriate considering the facts of the case
and the requirements contained in this Code.
ii.
The Board will make its decision based on this Code and the information
presented to the BOA by the applicant and the City Staff or other
administrative official.
iii.
Burden of Proof in Appeals.
1.
When an appeal is taken to the Board of Adjustment, the City Staff’s
or other administrative official’s action is presumed to be
valid.
2.
The applicant shall present sufficient evidence and have the burden
to justify a reversal of the action being appealed. The City Staff
may present evidence and argument to the contrary.
3.
All findings and conclusions necessary to the permit or appeal decision
(crucial findings) shall be based upon reliable evidence.
4.
Competent evidence will be preferred whenever reasonably available,
but in no case may crucial findings be based solely upon incompetent
evidence, unless competent evidence is not reasonably available, the
evidence in question appears to be particularly reliable, and the
matter at issue is not seriously disputed.
(e)
Responsibility for Final Action.
The Board of Adjustment
is responsible for final action.
(8)
Sign
Permit.
(a)
Applicability.
A Sign Permit shall be required prior to erection or alteration of any sign within the City of Blanco as required in Article 26.02 [Article 9.03] of the City of Blanco Code of Ordinances: Signs. (Ordinance 2001-392) (See also City of Blanco ordinance 365 [Article 9.03, Division 10 of the Code of Ordinances]).
(b)
Review Process.
A request of review of a Sign Permit
application may be submitted for an existing or proposed development.
The City Staff will review the application, considering any applicable
criteria for approval.
(c)
Criteria for Approval.
A Sign Permit may be approved if the application complies with all location, size, and construction requirements found in Article 26.02 [Article 9.03] of the City of Blanco Code of Ordinances: Signs. (Ordinance 2011-392) (See also City of Blanco ordinance 365 [Article 9.03, Division 10 of the Code of Ordinances]).
(d)
Responsibility for Final Approval.
The City Staff is
responsible for final approval for a Sign Permit.
(9)
On-Site
Wastewater Permit.
(a)
Applicability.
On-site Wastewater permits shall be required
from Blanco County for any development that applies for a development
permit to use a septic tank or similar type of on-site wastewater
system.
(b)
Approval Criteria.
Blanco County has established their
own criteria for review and approval for an on-site wastewater permit
application. Consult Blanco County Environmental Health Department
for further information.
(c)
Responsibility for Final Action.
Blanco County is responsible
for final action for on-site wastewater permits.
(Ordinance adopted 11/10/20)
(1)
Development
Agreement Ordinance:
This article shall be commonly cited
as the Development Agreement Ordinance.
(2)
Purpose:
This Section establishes the process and standards by which
the city may negotiate, formulate, consider, and adopt development
agreements.
(3)
Scope:
This Section applies to all property within the city limits
and the extraterritorial jurisdiction (ETJ).
(4)
Objectives:
Development agreements executed by the city pursuant to this
article may:
(a)
Guarantee the continuation of the extraterritorial status of the
land and its immunity from annexation by the city for a period not
to exceed fifteen (15) years;
(b)
Extend the city’s planning authority over the land by providing
for a development plan to be prepared by the landowner and approved
by the municipality under which certain general uses and development
of the land are authorized;
(c)
Authorize enforcement by the City of certain municipal land use and
development regulations (e.g., zoning and building codes) in the same
manner the regulations are enforced within the municipality’s
boundaries;
(d)
Authorize enforcement by the City of land use and development regulations
other than those that apply within the municipality’s boundaries,
as may be agreed to by the landowner and the municipality;
(f)
Authorize enforcement of environmental regulations;
(g)
Provide for the annexation of the land as a whole or in parts and
provide for the terms of annexation, if annexation is agreed to by
the parties;
(h)
Specify the uses and development of the land before and after annexation,
if annexation is agreed to by the parties; or
(i)
Include other lawful terms and considerations the parties consider
appropriate.
(5)
Requirements
for agreements:
An agreement must:
(6)
Extensions:
The parties to an agreement may renew or extend it for successive
periods not to exceed fifteen (15) years each. The total duration
of the original agreement and any successive renewals or extensions
may not exceed forty-five (45) years.
(7)
Binding
nature of agreement:
The agreement shall be binding on
the City and the landowner and on their respective successors and
assigns for the term of the agreement.
(8)
Payment
of City’s expenses:
The City may require the applicant
to reimburse the City, or place a sum in escrow, for payment of all
of the City’s expenses related to preparation of the agreement,
including administrative costs and professional services fees.
(9)
Notice
of hearing:
(a)
The applicant must provide written notification of the first public
hearing or public meeting of the P&Z at which the proposed agreement
will be considered.
(b)
General notice must be published in the form of an announcement in
the City’s official newspaper. Notice must be given not more
than thirty (30) nor less than fifteen (15) days prior to the hearing/meeting.
(c)
Personal notice must be provided to each property owner within three
hundred feet (300') of the periphery of the land subject to the agreement.
Notice must be given not more than thirty (30) nor less than fifteen
(15) days prior to the hearing/meeting. When delivering notice by
mail, three (3) days shall be added to the prescribed time period.
Property owners shall be those identified by the most recently approved
property tax records of the county. Personal notice may be served
by:
(10)
Approval by City:
(a)
Following a public hearing, the P&Z shall consider the agreement
and make a recommendation to the City Council prior to final action
by the City Council.
(b)
The City Council may take final action on the agreement only after
receiving a recommendation from the P&Z. For purposes of this
article, the minutes of a P&Z meeting may constitute a report.
(c)
Factors to be considered by the City in approving an agreement include,
but shall not be limited to:
i.
Public benefits;
ii.
Adequate environmental protection;
iii.
Burden on the City’s infrastructure;
iv.
Consistency with the City’s comprehensive plan;
v.
Conformance of the agreement with the intent and purposes of City
regulations; and
vi.
Fiscal impact of the agreement and resulting development on the City.
(11)
The
City’s approval of an agreement shall take the form of an ordinance
approved by the City Council directing the Mayor to execute the agreement
on behalf of the City.
(12)
The
City Secretary shall be instructed to publish the agreement in and
among the official records of the City.
(13)
The
applicant shall be instructed to file the agreement or a memorandum
of the agreement in and among the official records of the County.
(14)
Enforcement:
(a)
An agreement must provide specific enforcement mechanisms to ensure
compliance.
(b)
Among other remedies, the City may withhold development approvals
in accordance with an agreement in order to ensure compliance.
(c)
Among other remedies, the City is authorized to issue stop work orders
to halt construction in violation of an agreement.
(Ordinance adopted 11/10/20)
