The provisions of this article shall apply only to the application of a law, regulation, rule or ordinance to a project which law, regulation, rule or ordinance becomes effective after the initial or first submittal of an application for a permit. Permits relating to the development or improvement of land or any part of land shall be subject to requirements of V.T.C.A., Local Government Code, section 245.001 et seq., as amended. A permit means a license, certificate, approval, registration, consent, permit, or other form of authorization required by law, rule, regulation, order, or ordinance that a person must obtain to perform an action or initiate, continue, or complete a project for which the permit is sought. In determining the applicability of regulatory changes that are effective after a permit application is filed, an application shall be construed to be filed when an original application or plan for development or plat application is filed that gives the city fair notice of the project and the nature of the permit sought.
(Ordinance 2005-07, sec. 1, adopted 7/11/05; 2007 Code, sec. 50-1)
Permits shall be subject to the following requirements:
(1) 
Date filed.
A permit application is deemed to be filed on the day that the application is received by the city. If a permit application is made by certified mail, the application shall be deemed to be filed on the day the application is deposited with the United States Postal Service. A certified mail receipt obtained by the applicant at the time of deposit shall be prima facie evidence of the date of deposit.
(2) 
Expiration.
A permit application that:
(A) 
Does not meet all criteria for approval;
(B) 
Is not accompanied by all required documentation, plans, drawings, studies, reports or other information; or
(C) 
Does not meet the city’s technical requirements as to the form and content of the permit application;
shall expire on the 45th day after the date that the application is filed.
(3) 
Application review; deficiency.
The city shall review and provide written comments within ten business days following the initial or first time submittal of any permit application that applies to any project or any land upon which any development or improvement of any form is proposed. The city shall, within ten business days following the initial or first time submittal of any permit application, review the application and, if the application is deficient, shall send the applicant written notice that identifies:
(A) 
The necessary documents or other information; and
(B) 
The date the application will expire if the documents or other information is not provided.
(4) 
Failure to correct deficiency.
If the applicant fails to provide the specified documents or other information within the time provided in the notice, the permit application shall expire and be void on the 45th day after its initial or first time submittal.
(5) 
Expiration date for filing a second, similar application.
If an application for a permit that involves the same project or a related project is filed following the filing of the first application, the 45-day period shall commence on the date of the first application.
(Ordinance 2005-07, sec. 2, adopted 7/11/05; 2007 Code, sec. 50-2)
If, after approval of an individual permit, no progress has been made towards completion of the project within two years of the approval of the permit, the permit shall expire and become null and void. A project shall expire if, on the fifth anniversary of the date the first permit application was filed, no progress has been made towards completion of the project. Following the expiration of a permit or a project, any new permit application shall be a new submittal, subject to any and all intervening changes in law, regulations, rules, and ordinances, and subject to the assessment of new fees.
(Ordinance 2005-07, sec. 3, adopted 7/11/05; 2007 Code, sec. 50-3)
This article shall not apply to:
(1) 
A permit that is at least two years old, is issued for the construction of a building or structure intended for human occupancy or habitation, and is issued in accordance with the building, fire, electrical, plumbing, and mechanical codes as adopted and amended by the city solely to address imminent threats of destruction of property or injury to persons;
(2) 
Zoning regulations that do not affect landscaping or tree preservation, open space or park dedication, property classification, lot size, lot dimensions, lot coverage, or building size or that do not change development permitted by a restrictive covenant required by the city;
(3) 
Regulations for sexually oriented businesses;
(4) 
Fees imposed in conjunction with development permits;
(5) 
Regulations for annexation, that do not affect landscaping or tree preservation or open space or park dedication;
(6) 
Regulations for utility connections;
(7) 
Regulations to prevent imminent destruction of property or injury to persons from flooding that are effective only within FEMA-designated floodplains and enacted to prevent the flooding of buildings intended for public occupancy;
(8) 
Construction standards for public works located on public lands or easements; or
(9) 
Regulations to prevent the imminent destruction of property or injury to persons if the regulations do not affect landscaping or tree preservation, open space or park dedication, lot size, lot dimensions, lot coverage, building size, residential or commercial density, or the timing of a project.
(Ordinance 2005-07, sec. 4, adopted 7/11/05; 2007 Code, sec. 50-4)
All provisions of the ordinances of the city in conflict with the provisions of this article be and the same are hereby repealed.
(Ordinance 2005-07, sec. 5, adopted 7/11/05; 2007 Code, sec. 50-5)