5.1.1
Planning
and Zoning Commission.
A.
Creation.
1.
There
is hereby created and established for the City of Smithville, Texas,
a planning and zoning commission which shall be composed of five (5)
members.
2.
The
members shall be resident citizens, taxpayers, and qualified voters
of the city, all of who shall be appointed by the city manager subject
to confirmation by the governing body.
3.
All
vacancies shall be filled in the same manner as provided for the original
appointments.
4.
Members
of the commission may be removed by the city manager, with the consent
of the governing body,[.]
B.
Appointment.
1.
The
members of the commission shall serve without compensation.
2.
The
members of the planning and zoning commission first appointed shall
continue their term of office as specified as being concurrent with
the term of office of the elected mayor, and thereafter for a term
of two (2) years.
3.
Members
shall attend all meetings. More than three (3) absences from Planning
and Zoning Commission meetings in one calendar year shall be cause
for removal from the Commission.
C.
Offices
and Powers.
1.
The
planning and zoning commission shall elect a chairman and vice-chairman
from its membership every two years at reappointment time and shall
have power to employ such qualified persons as may be necessary for
the proper conduct and undertakings of the commission and to pay for
their services and such other necessary expenses, provided that the
cost of such services and expenses shall not exceed the amount appropriated
by the governing body for the use of the commission.
2.
It
shall also have the power to make rules, regulations, and bylaws for
its own government, which shall conform as nearly as possible with
those governing the governing body and same shall be subject to approval
by such City Council. Such bylaws shall include, among other items,
provisions for:
3.
The
planning and zoning commission shall have the power and it shall be
its duty to make and recommend for adoption a comprehensive plan,
as a whole or in parts, for the future development and redevelopment
of the municipality and its extraterritorial jurisdiction, to make
recommendations to the City Council for approval or disapproval of
plats, and shall have power and it shall be its duty to prepare a
comprehensive plan and ordinance for zoning the city in accordance
with Chapter 213, Texas Local Government Code. The commission shall
perform such other duties as may be prescribed by ordinance or state
law.
5.1.2
Zoning
Board of Adjustment.
A.
Governing
Body Acting as Board of Adjustment.
Pursuant to Texas
Local Government Code § 211.008(g), the members of the City Council
of the City of Smithville have the authority to act as the Board of
Adjustment, or the Board, under Chapter 211, Texas Local Government
Code.
B.
Terms.
Each member of the Board shall serve a two-year term, to run
concurrently with his or her term of office as members of the governing
body of the city.
E.
Rules
and regulations.
1.
All
orders and other enactments adopted by the Board shall be in accordance
with this appendix and its rules and regulations.
2.
The
Board shall keep minutes of its proceedings, showing the vote of each
member upon each question, of if absent or failing to vote, indicating
such fact, and shall keep records of its examinations and other official
actions.
3.
Each
case shall be heard by at least five Board members. When five members
hear a case, the concurring vote of four members of the Board shall
be necessary to: (1) reverse any order, requirement, decision or determination
of an administrative official, or (2) to decide in favor of the applicant
on any matter upon which the Board is authorized to act. When six
members hear a case, the concurring vote of five members of the Board
shall be necessary to: (1) reverse any order, requirement, decision
or determination of an administrative official, or (2) to decide in
favor of the applicant on any matter upon which the Board is authorized
to act.
4.
A
motion may be made by any member other than the presiding officer.
F.
Powers
of the Board of Adjustment.
1.
The
Board of Adjustment has the authority to:
a.
hear and decide appeals when error is alleged in any order, requirement,
decision or determination made by an administrative official in enforcement
of the act or zoning ordinance;
b.
hear and decide special exceptions as allowed or required by the
zoning ordinances, in appropriate cases and subject to appropriate
conditions and safeguards, in harmony with the general purpose and
intent, and in accordance with general or specific rules contained
in the various city ordinances; and
2.
Authorize
in specific cases variances from the terms of this Ordinance in accordance
with Section 5.5. Each case before the board of adjustment must be
heard by at least 75 percent of the members.
3.
Before
the tenth day before the hearing date, written notice of each public
hearing before the Board of Adjustments on a request for variance
shall be sent to each owner, as indicated by the most recently approved
municipal tax roll, of real property within 200 feet of the property
on which the request for variance is made. The notice may be served
by its deposit in the municipality, properly addressed with postage
paid, in the United States mail. Responses to such notices shall be
duly noted and entered into the minutes of the Board of Adjustment
hearing.
4.
In
exercising its authority to decide an appeal, the Board may reverse
or affirm, in whole or in part, or modify the administrative official’s
order, requirement, decision, or determination from which an appeal
is taken, and make the correct order, requirement, decision, or determination,
and for that purpose the Board has the same authority as the administrative
official.
5.
The
concurring vote of at least 75 percent of the members of the Board
is necessary to:
G.
Procedure
for appeals to the Board.
1.
Appeal
to Board.
b.
The appellant must file with the City Secretary, specify the grounds
for the appeal, and pay a filing fee as may be prescribed by the City
Council. Such shall be filed with the City Secretary within 30 days
after the action complained of was committed. On receiving the notice,
the City Secretary and administrative or building official shall transmit
to the Board all the papers constituting the record of the action
that is appealed.
c.
An appeal stays all proceedings in furtherance of the action that
is appealed unless the official from whom the appeal is taken certifies
in writing to the Board facts supporting the official’s opinion
that a stay would cause imminent peril to life or property. In that
case, the proceedings may be stayed only by a restraining order granted
by a court of record.
d.
The Board shall set a reasonable time for the appeal hearing and
shall give public notice of the hearing and due notice to the parties
in interest. A party may appear at the appeal hearing in person or
by agent or attorney. The Board shall decide the appeal within a 60-day
period from the filing of the appeal.
e.
A member of the City Council may not appeal a decision by an administrative
official to the Board.
2.
Final
Decision.
The Board’s final decision shall be immediately
filed with the City Secretary. The time and date that the Board’s
final decision is filed with the Board’s office shall be stamped
on the face of the decision.
H.
Limitations.
1.
No
appeal under this article may be filed by the same applicant within
365 days of the date upon which the Board denied such appeal, request
or application, unless other property in the immediate vicinity has,
within the 365-day period, been changed or acted on by the Board so
as to alter the facts and conditions upon which the previous Board
action was based. Such change of circumstances shall permit the rehearing
of an appeal, request or application by the Board prior to the expiration
of the 365-day period, but such conditions shall in no way have any
force in law to compel the Board to reconsider the appeal, request
or application. Such subsequent rehearing shall be considered entirely
on its merits and the peculiar and specific conditions related to
the property with reference to which such proceeding is brought.
2.
Any
appeal, request or application approved by the Board, either under
the provision of this appendix or under the authority granted to the
Board under the statutes of the State of Texas, shall authorize the
issuance of a Building permit or a certificate of occupancy, as the
case may be, for a period of ninety days from the date of the favorable
action on the party of the Board unless the Board in its minutes shall,
at the same time, approve a longer period. If an application for such
building permit or certificate of occupancy is not filed within the
90-day period or such extended period as the Board may specifically
approve, then the approval of the appeal or variance shall be deemed
waived and all rights there under terminated. Such termination and
waiver shall be without prejudice to a subsequent appeal, request
or application to the Board in accordance with the rules and regulations
herein contained.
I.
Appeals
from the Board of Adjustment.
Any person or persons,
jointly or severally, aggrieved by any decision of the Board or any
taxpayer, or any officer, department, or board of the city may present
any such matter to a court of competent jurisdiction for review after
the final action of the Board thereon and in the manner and upon the
terms provided by the laws of the state.
5.1.3
Airport
Zoning Board.
A.
Subject
to like provisions being made by the Commissioners Court of Bastrop
County, Texas, by proper order, duly promulgated and entered on its
minutes, and as authorized by the provisions of Chapter 391 of the
Acts of the Regular Session of the 50th Legislature, 1947, there is
hereby created a joint airport zoning board, to be known as the Smithville-Bastrop
County Joint Airport Zoning Board, which shall have the powers and
exercise the duties set forth in Section 2 and 3 of Chapter 391 of
the Acts of the Regular Session of the 50th Legislature, 1947.
B.
The
Smithville-Bastrop County Joint Airport Board shall be composed of
five (5) members, two (2) to be appointed by the City Council of the
City of Smithville, Texas, and two (2) members appointed by the Commissioners
Court of Bastrop County, Texas. The fifth member shall be elected
by a majority of the members so appointed and said fifth member shall
serve as chairman of the said Smithville-Bastrop County Joint Airport
Zoning Board.
(Ordinance 2018-555 adopted 10/16/18)
The City Council may, from time to time, amend, supplement,
or change by ordinance, the text of the zoning ordinance, the zoning
district boundaries of the zoning district map or the zoning district
classification of property whenever the public necessity, convenience,
general welfare or good zoning practice requires.
5.2.1
INITIATION.
A.
Zoning
map or text amendments, excluding Planned Development Districts, may
be initiated by:
B.
Planned
Development Districts may be initiated by:
1.
The
owner(s) of at least 51 percent of the land, by land area, in the
proposed district by application
2.
At
least 51 percent of the owners of individual properties in the proposed
district by application
3.
City
Council by resolution
4.
Planning
and Zoning Commission by recommendation to the City Council
C.
Special
Use Permits may be petitioned by the property owner or the owner’s
agent by application.
D.
Variances
may be petitioned by the property owner or the owner’s agent
by application.
E.
All
petitions, applications, recommendations, or proposals for zoning
shall be filed with the City Secretary.
5.2.2
APPLICATION
SUBMITTAL AND COMPLETENESS REVIEW.
A.
The
following shall be universal requirements for all applications under
this Section 5.2:
2.
Certificate
of agency or power of attorney if someone other than the owner submits
the application.
3.
Names
of all property owners, as shown on current tax records, within 200
feet of the subject property.
4.
Any
and all covenants binding the property, including a map and legal
description of the area(s) affected.
5.
Legal
description and exhibit of the property showing the property boundary.
6.
Identification
of all pending zoning applications for the property, including legislative
and quasi-judicial applications, if any.
7.
All
accompanying applications, if filing concurrently.
B.
No application
shall be reported as complete, and no notification of filing shall
be given, unless all fees associated with the application have been
received by the city manager.
C.
The
fees associated with zoning applications are maintained by the city
manager.
D.
No application
shall be processed until the city manager determines that the application
is complete, and the required fees have been paid.
E.
The
application shall be considered officially filed only after it is
accepted by the city manager and found to be in compliance with the
Submittal Requirements.
5.2.3
NOTICE
FOR PUBLIC HEARINGS.
A.
Notice
required for a public hearing before the Planning and Zoning Commission
or the City Council for a zoning change, amendment, special use permit,
or variance shall be given by the City Secretary by:
5.2.4
REVIEW
PROCEDURE.
A.
Planning
and Zoning Commission Hearing and Recommendation.
1.
The
Planning and Zoning Commission shall hold a public hearing on an application
under this Section 5.2 not later than thirty (30) days after the date
the application is filed.
2.
The
Planning and Zoning Commission shall make a recommendation to City
Council on the application not later than the 14th day after the Commission
closes the public hearing on the application.
4.
If
the Planning and Zoning Commission does not adopt a recommendation
on the application, the city manager shall forward the application
to City Council without a recommendation from the Commission.
B.
City
Council Hearing and Recommendation.
1.
City
Council shall hold a public hearing on a zoning application not later
than the thirtieth (30th) day after the date of the recommendation
of the Planning and Zoning Commission.
3.
If
a protest against an application is signed by the owners of twenty
(20) per cent or more of either the area of lots included in such
proposed action or of those immediately adjacent to or within two
hundred (200) feet of such lots, such action shall not become effective
except by the favorable vote of three-fourths (3/4) of all members
of the City Council.
4.
If
the City Council has refused to grant a proposed amendment, supplement,
change or modification in the boundaries of any zoning district, such
amendment, supplement, change or modification in the boundaries of
such zoning district shall not be submitted again prior to the expiration
of twelve (12) months from the date of the order or decision of the
City Council against such zone change.
5.2.5
RECORDING
PROCEDURE.
A.
For
initial property zoning, rezoning, planned development district designations,
overlay districts and any other amendments:
1.
The
ordinance amending the zoning of real property shall be filed in accordance
with the City’s recording and filing procedures for Ordinances.
2.
When
the zoning classification involves changes to the existing zoning
district boundaries, the form of the amending ordinance shall contain
a narrative description of the land to be reclassified or reference
to an accompanying plat or map of such land showing the new zoning
classifications and indicating their boundaries.
3.
The
attested ordinance shall serve as a record of the current zoning status
until such time as the zoning map can be changed.
B.
For
Special Use Permits and Variances: A certified copy of all resolutions
authorizing a Special Use Permit or a Variance shall be recorded at
the expense of the applicant in the name of the property owner as
grantor in the office of the City Secretary.
(Ordinance 2018-555 adopted 10/16/18)
5.3.1
Creation:
The City Council, after public hearing and proper notice to
all affected property owners and after recommendation by the planning
and zoning commission, may authorize the creation of a Planned Development
District on sites of two and a half (2.5) acres or more to accommodate
various types of development and conditions of development for any
use or combination of uses permitted by this Ordinance. The uses to
be permitted in any specific Planned Development District shall be
enumerated in the Ordinance establishing such district and shown on
the approved plan for development which becomes part of said Ordinance.
5.3.2
Development
Schedule:
An application for a Planned Development District
shall, if the applicant desires, or the planning and zoning commission
or City Council requires, be accompanied by a development schedule
indicating the appropriate date on which construction is expected
to begin and the rate of anticipated development to completion. The
development schedule if adopted and approved by the City Council shall
become part of the development plan and shall be adhered to by the
owner, developer and his successors in interest.
5.3.3
Annual
Development Report:
Annually, where a development schedule
has been required, the building inspector shall report to the City
Council the actual development accomplished in the various Planned
Development Districts as compared with the development schedule.
5.3.4
Failure
to Meet Development Schedule:
The planning and zoning
commission may, if in its opinion the owner or owners of property
are failing or have failed to meet the approved schedule, initiate
proceedings to amend the Zoning District Map or the planned development
by removing all or part of the Planned Development District from the
Zoning District Map and placing the area involved in another appropriate
zoning district. Upon the recommendation of the planning and zoning
commission and for good cause shown by the owner and developer, the
City Council may also extend the development schedule or adopt such
new development schedule as may be indicated by the facts and conditions
of the case.
5.3.5
Development
Plan Required:
An application for a Planned Development
District shall include and be accompanied by a development plan which
shall become a part of the amending ordinance and shall be referenced
on the Zoning District Map. Changes in the development plan shall
be considered the same as changes in the Zoning District Map and shall
be processed as required, except that changes of detail which do not
alter the basic relationship of the proposed development to adjacent
property and which do not alter the uses permitted or increase the
density, floor area ratio, height, or coverage of the site, or which
do not decrease the off street parking ratio, or reduce the yards
provided at the boundary of the site as indicated on the approved
development plan may be authorized by the planning and zoning commission.
Any applicant may appeal the decision of the planning and zoning commission
to the City Council for review and decision as to whether an amendment
to the planned development district ordinance shall be required. All
uses shown on the development plan shall be mutually exclusive.
5.3.6
The
Development Plan shall include:
A.
A scale
drawing showing any proposed public or private streets and alleys;
building sites or building lots; any areas proposed for dedication
or reserved as parks, parkways, playgrounds, utility and garbage easements,
school sites, street widening, street changes; the points of ingress
and egress from existing public streets on an accurate survey of the
boundary of tract and topography with a contour interval of not less
than five (5) feet or spot grades where the relief is limited.
B.
Where
multiple types of land uses are proposed, a land use plan delineating
the specific areas to be devoted to various uses shall be required.
C.
Identification
of the base zoning districts assigned to each parcel or lot within
the Planned Development District (PDD). If more than one base zoning
district is being assigned, a map shall be included which shows which
base zoning district is applied to each parcel or lot within the PDD
boundary.
D.
Where
building complexes are proposed, a site plan showing the location
of each building and the minimum distance between buildings, and between
buildings and the property line, street line and/or alley line shall
be submitted. For buildings more than one (1) story in height, except
single-family and two-family residences, elevations and/or perspective
drawings may be required in order that the relationship of the buildings
to adjacent property, open spaces and to other features of the development
plan may be determined. Such drawings need only indicate the height,
number of floors and exposures for access, light and air.
E.
A plan
indicating the arrangement and provision of off street parking and
off-street loading where required. Such a plan may be presented as
a ratio of off-street parking and off-street loading area to building
area when accompanied by a typical example indicating the feasibility
of the arrangement proposed and when the area where the example would
be applied are dimensioned on the drawing of the entire site. Any
special traffic regulation facilities proposed or required to assure
the safe function of the circulation plan shall also be shown.
F.
A designation
of the maximum building coverage of the site shall be indicated upon
the site plan.
G.
Screening
and landscaping plan shall be required where such treatment is essential
to the proper arrangement of the development in relation to adjacent
property. Such plan shall, when required, include screening walls,
ornamental planting, playgrounds, wooded areas to be retained, lawns
and gardens if such are determined to be necessary by the City Council.
A masonry wall or other equivalent noise attenuating barrier shall
be placed to separate all uses and activities on non-residential properties,
including parking areas, from adjacent residential uses.
H.
Any
or all of the required features may be incorporated on a single drawing
if such drawing is clear and capable of evaluation by the city administrator
and interpretation of the building inspector.
5.3.7
Development
Conditions:
Every Planned Development District approved
under the provisions of this Ordinance shall be considered as an amendment
to the Zoning Ordinance as applicable to the property involved. In
carrying out the development of a Planned Development District, the
development conditions and the development schedule, if required,
shall be complied with and such conditions as are specified for the
development of a Planned Development District shall not be construed
as conditions precedent to the granting of a certificate of occupancy
and compliance as required in this Ordinance.
5.3.8
PDD
Modifications:
Changes in land use defined in a PDD are
considered major modifications and shall require City Council approval
of an amendment to the PDD. All other modifications which do not involve
a change in land use are considered minor and may be approved administratively
in writing by the City Manager.
(Ordinance 2018-555 adopted 10/16/18; Ordinance 2022-614 adopted 1/10/22)
5.4.1
Special
use permits are intended to allow for certain uses that are not permitted
in a particular zoning district by right, but which may be permitted
under certain circumstances and application of certain conditions.
Such special uses shall be permitted through the issuance of a Special
Use Permit (SUP).
5.4.2
The
special use is granted only to the applicant and is limited to that
which is specifically described in the special use permit application,
as amended and approved by the Planning and Zoning Commission and
the City Council.
5.4.3
Special
Use Permits require an annual renewal, for which there is an annual
renewal fee, for the permit to remain in effect. Rates are established
by resolution of the City Council and are on file in the office of
the City Secretary.
5.4.4
The
permit must be completed within six months of the date approved by
City Council or the permit becomes null and void and the applicant
must reapply for the special use, thereby starting the process over
in its entirety, including cost.
5.4.5
Whenever
a special use permit is required, the planning and zoning commission
may require a special use permit application to be accompanied by
a site plan showing existing improvements on the land and proposed
development of the property. The application shall provide the following
information:
A.
Date,
scale, north point, title, name or owner and name of person preparing
plan;
B.
Location
of existing boundary lines and dimensions of the tract;
C.
Centerline
of existing water courses, drainage features, and location and size
of existing and proposed streets and alleys;
D.
Location
and size to the nearest one-half (1/2) foot of all proposed buildings
and land improvements;
E.
Clear
designation of areas reserved for oil [off] street parking and for
off-street loading; the location an[d] size of points of ingress and
egress; and the ratio of parking space to floor space.
5.4.6
The
special permit application shall go before the Planning and Zoning
Commission and the City Council, following the same procedure as a
zoning amendment, as defined in [section] 5.2 Zoning Review Procedure.
(Ordinance 2018-555 adopted 10/16/18)
5.5.1
In
specific cases and after receiving a recommendation from the Planning
and Zoning Commission, the City Council, sitting as the Board of Adjustment
pursuant to Texas Local Government Code § 211.008(g), may authorize
a variance from the terms of this Ordinance, provided that the City
Council shall have no power to grant a variation of the use of buildings
and land.
5.5.2
An
application for a variance shall go before the Planning and Zoning
Commission and the City Council, following the same procedure as a
zoning amendment, as defined in [section] 5.2 Zoning Review Procedure.
5.5.3
Considerations
by the City Council:
A.
The
City Council may authorize a variance from these regulations if and
only if the City Council determines all of the following:
B.
For
land being used or developed for a reason other than a homeowner building
or improving the homeowner’s residence
(1)
In a case pertaining to a variance related to a structure, the City
Council may consider the following as grounds to determine whether
compliance with the ordinance would result in an unnecessary hardship:
(a)
the financial cost of compliance is greater than 50 percent of the
appraised value of the structure as shown on the most recent appraisal
roll certified to the assessor of the municipality under Section 26.01,
Texas Tax Code;
(b)
compliance would result in a loss to the lot on which the structure
is located of at least 25 percent of the area on which development
may physically occur;
(c)
compliance would result in the structure not being in compliance
with a requirement of a municipal ordinance, building code, or other
requirement;
(d)
compliance would result in the unreasonable encroachment on an adjacent
property or easement; or
(e)
the municipality considers the structure to be a non-conforming structure.
(2)
In all other cases under this Subsection B, there is no unnecessary
hardship unless:
C.
In granting
a variance, the City Council shall prescribe only conditions that
it deems necessary to or desirable in the public interest.
D.
In making
the findings hereinbelow required, the City Council shall take into
account the nature of the proposed use of the land involved, existing
uses of land in the vicinity, the number of persons who will reside
or work in the area, and the probable effect of such variance upon
traffic conditions and upon the public health, safety, and general
welfare in the vicinity.
E.
Variances
may be granted only when in harmony with the general purpose and intent
of this Ordinance so that the public health, safety, and welfare may
be secured, and substantial justice be done.
F.
The
findings of the City Council made in granting a variance, together
with the specific facts upon which such findings are based, shall
be incorporated into the official minutes of the City Council meeting
at which such variance is granted.
5.5.4
Lapse
of Variance.
A.
Any
rights authorized by a variance which are not exercised within one
year from the date of granting such variance shall lapse and may be
reestablished only after a new application, notice and hearing pursuant
to this Section 5.5.
B.
The
City Council may waive the requirement for the payment of fees for
such variance renewal application if there has been no material change
of conditions pertaining to the property since the granting of the
first variance.
(Ordinance 2018-555 adopted 10/16/18; Ordinance 2022-615 adopted 2/14/21)
5.6.1
Appeals
from action of the City Council: Any person or persons, jointly or
severally, aggrieved by any decision of the City Council or any taxpayer
or any officer, department, board or bureau of the municipality may
present to a court of record a petition duly verified, setting forth
that such decision is illegal, in whole or in part, specifying the
grounds of the illegality. Such petition shall be presented to the
court within ten (10) days after the filing of the decision at City
Hall.
5.6.2
Upon
presentation of such petition the court may allow a writ of certiorari
directed to the City Council and shall prescribe therein the time
within which a return thereto must be made and served upon the realtor’s
attorney, which shall not be less than ten (10) days and may be extended
by the court. The allowance of the writ shall not stay proceedings
upon the decision appealed from, but the court may, on application,
on notice to the City Council and on due cause shown, grant a restraining
order.
5.6.3
The
City Council shall not be required to return the original papers acted
upon by it, but it shall be sufficient to return certified or sworn
copies thereof or of such portions thereof as may be called for by
such writ. The return shall concisely set forth such other facts as
may be pertinent and material to show the grounds of the decision
appealed from and shall be verified.
5.6.4
If,
upon the hearing, it shall appear to the Court that testimony is necessary
for the proper disposition of the matter, it may take evidence or
appoint a referee to take such evidence as it may direct and report
the same to the Court with its findings of fact and conclusions of
law, which shall constitute a part of the proceedings upon which the
determination of the Court shall be made. The Court may reverse or
affirm wholly or partly, or may modify the decision brought up for
review.
5.6.5
Costs
shall not be allowed against the Council unless it shall appear to
the Court that it acted with gross negligence or in bad faith, or
with malice in making the decision appealed from.
(Ordinance 2018-555 adopted 10/16/18)
5.7.1
Purpose,
Applicability and Effect.
A.
This
Section 5.7 establishes criteria for determining whether a project
is entitled to vested rights under Chapter 245 or Section 43.002 of
the Texas Local Government Code.
B.
A vested
rights petition may be filed relating to a development application
required by the City which has been filed in accordance with Chapter
245 of the Texas Local Government Code, or successor statute. A vested
rights petition must not be filed with a petition for a text amendment,
a zoning map amendment, or any other request for a legislative decision
by the City Council.
C.
Upon
the granting of a vested rights petition in whole or in part, the
city manager shall process all development applications that are the
subject of the petition in accordance with the ordinances and development
standards stated in the order or decision granting of petition.
5.7.2
Petition
Requirements.
A.
Who
May Petition.
A vested rights petition may be filed with
any application for a permit which is required by the City, related
to buildings, land subdivision or land development, by a property
owner, or the owner’s duly authorized representative.
B.
Form
of Petition.
The vested rights petition must allege that
the petitioner has rights relating to some, or all, of the land which
is the subject of the application, under Texas Local Government Code,
Chapter 245 or successor statute, or pursuant to Texas Local Government
Code, Section 43.002 or successor statute, that requires the City
to review and decide the application under standards in effect prior
to the effective date of the currently applicable standards. The petition
must include the following information and documents:
1.
A
summary of the grounds for the petition, including a statement as
to whether the petition asserts a vested right related to a specific
standard or to an entire project;
2.
The
date on which the applicant claims that vested rights accrued and
a copy of each approved or pending application, permit, fair notice,
or other document which is the basis for the contention;
3.
The
official submission date of the development application;
4.
The
date the project for which the development application was submitted
was commenced;
5.
Identification
of all current standards from which relief is sought;
6.
A
narrative description of how the application of current standards
affects the proposed development plan or use of the land on the application
for which the petition is filed;
7.
A
copy of any prior vested rights determination involving the same land;
and
8.
Whenever
the petitioner alleges that a development application which is subject
to expiration should not be terminated, a description of the events
evidencing a progression toward completion of the project for which
the development application was approved.
C.
Time
for Filing Petition.
A vested rights petition must be
filed at the same time as an application for which a vested right
is claimed, except that the petition may also be filed before the
date of expiration of any development application. Where more than
one application is authorized to be filed simultaneously, the petition
may be filed simultaneously with each application.
5.7.3
Processing
of Petitions and Decision.
B.
Initial
Decision.
The city manager shall determine whether the
relief requested in the vested rights petition should be granted in
whole or in part, and shall formulate a written report summarizing
the Initial Decision-Maker’s reasoning and setting forth the
decision on the petition.
C.
Appeal
of Decision on Petition.
The applicant may appeal the
city manager’s decision on the vested rights petition to the
city council sitting as the Board of Adjustment in accordance with
Section 5.1.2.
D.
Effect
on Related Applications.
A copy of the final decision
on the vested rights petition (or appeal) under this Section 5.7 must
be submitted as part of the application requirements for any related
and subsequently filed plat or development application. No related
application will be accepted as complete without such a final decision
having been rendered, and without the submission of the final decision
documentation having been included with the application.
5.7.4
Action
on Petition and Order.
A.
Action
on the Petition.
Not later than fifteen business days
after acceptance of a complete vested rights petition, the city manager
shall review the petition, using the Criteria for Approval under Section
5.7.5 and render a determination. The city manager may take any one
of the following actions:
1.
Grant
the relief requested in the petition, and direct that the application
be reviewed and decided in accordance with the standards contained
in identified prior regulations;
2.
Grant
the relief requested in part, and direct that certain identified current
standards be applied to the application, while standards contained
in identified prior regulations also shall be applied;
3.
Deny
the relief requested in the petition, and direct that the application
be reviewed and decided under currently applicable standards; or
4.
Specify
the expiration date or the conditions of expiration for the development
application(s), if no expiration date was specified for the initial
development application.
B.
The
city manager may approve a petition in part if a project is legally
entitled to some, but not all, of the rights asserted in the petition,
or if a change in the scale or intensity of development is necessary
to maintain conformity with the original project. A vested rights
determination may not waive or modify applicable regulations or provide
relief which is not provided for through Chapter 245 or Section 43.002
of the Texas Local Government Code.
C.
Order
on Petition.
The city manager shall issue a written report
and decision on the vested rights petition which shall include statements,
findings, and determinations on the following:
1.
The
nature of the relief granted, if any;
2.
The
approved or filed application(s) upon which relief is premised under
the petition;
3.
Current
standards which shall apply to the application for which relief is
sought, if applicable;
4.
Prior
standards which shall apply to the application for which relief is
sought, including any procedural standards, if applicable;
5.
The
statutory basis or other grounds upon which relief is denied in whole
or in part on the petition;
6.
To
the extent feasible, subsequently filed related applications that
are subject to the same relief granted on the petition; and
7.
For
petitions where no expiration of application approval was indicated,
the date of expiration of the development application.
5.7.5
Criteria
for Approval.
A.
Deciding
a Vested Rights Petition.
The decision-maker, whether
the city manager or the city council, shall decide a vested rights
petition pursuant to the criteria described in this Section 5.7.5.
B.
General
Standard.
A permit application may be approved and the
project granted rights under Chapter 245 and Section 43.002 of the
Local Government Code if approval of the permit is required to initiate,
continue, or complete a project for which a prior permit or fair notice
application was submitted to the City. An application may not be approved
if the permit is unrelated to or inconsistent with the original project
or if the original project has been completed, changed, or expired.
C.
Review
Criteria.
In determining the relief to be granted, if
any, on a vested rights petition that alleges rights under Chapter
245 or 43.002 of the Texas Local Government Code, the decision-maker
shall consider the following factors, where applicable:
1.
The
nature and extent of proposed development shown on the prior permit
or other application that initiated the project for which vested rights
are claimed;
2.
Whether
the permit application submitted in connection with the vested rights
petition is related to, and consistent with, the original project;
3.
The
nature and extent of prior development of the property, including
any permitting or construction activity that occurred subsequent to
the vesting date requested by the applicant;
4.
Any
prior vested rights determinations made for development of the property;
5.
Whether
current standards adopted after commencement of the project affect
the proposed use of the land, landscaping, tree preservation, open
space, park dedication, lot size, lot dimensions, lot coverage, or
building size based upon the proposed application;
6.
Whether
any statutory exception applies to the standards in the current code
of ordinances from which the applicant seeks relief; and
7.
Whether
any prior approved applications relied upon by the petitioner have
expired.
5.7.6
Application
Following Final Decision on Petition.
A.
After
the City has reached a final decision on a vested rights petition,
the property owner must revise the application for which relief was
sought to conform said application to the final decision, unless the
relief granted on the vested rights petition is consistent with the
application on file.
B.
The
decision-maker on the application shall consider any application revised
under this Subsection in accordance with the procedures for deciding
the initial application and in conformity with the relief granted
on the petition.
C.
If the
relief granted on the vested rights petition is consistent with the
application on file, no revisions are necessary.
5.7.7
Expiration
and Extension.
A.
Expiration.
Any relief which may have been granted on a vested rights petition
expires on occurrence of any one of the following events:
1.
The
petitioner or property owner fails to submit a required revised application
consistent with the relief granted within sixty calendar days following
the final decision on the petition;
2.
The
application for which relief was granted on the vested rights petition
is denied; or
3.
The
application for which relief was granted on the vested rights petition
expires.
B.
Extension.
Any extension of the expiration date for the application for
which relief was granted on a vested rights petition also extends
the relief granted on the petition for a like period.
(Ordinance 2018-555 adopted 10/16/18)
5.8.1
Any
subsequent map changes that would consist of rezoning of a property
shall require a new application and shall be processed as such.
5.8.2
Subsequent
Minor Amendments.
A.
The
city manager may permit minor amendments to a Planned Development
District or a Special Use Permit without amendment to the ordinance.
B.
The
following are considered minor amendments:
1.
Corrections
in spelling, distances and labeling[.]
2.
Changes
in building position or layout that are less than ten feet or ten
percent of the total authorized building area, provided the modification
conforms to the Code.
3.
Changes
in the proposed property lines, provided the original total project
acreage is not exceeded, and the area of any zoning district is not
changed by more than five percent. See the Map Boundary Changes section.
4.
Changes
in parking layout, provided the modified layout conforms to the Code.
(Ordinance 2018-555 adopted 10/16/18)
