This Unified Development Code of the City of Bee Cave, Texas is known as, and may be referred to as, the "UDC".
(Ordinance 475 adopted 6/28/22)
These regulations are adopted pursuant to the authority granted by the U.S. Constitution, the Texas Constitution, and the laws of the State of Texas, specifically Chapter 211 and Chapter 212 of the Texas Local Government Code (TLGC).
(Ordinance 475 adopted 6/28/22)
The effective date of this UDC, adopted as Ordinance Number 475, is July 5, 2022.
(Ordinance 475 adopted 6/28/22)
A.
Applications submitted before the effective date. Complete applications for approval required under these regulations that are pending before the effective date specified in Subsection 1.1.3 must be reviewed and approved in accordance with the subdivision regulations in effect immediately before the effective date specified in Subsection 1.1.3. Incomplete applications submitted before the effective date specified in Subsection 1.1.3 will not be reviewed until they are complete. Once complete, the application must be reviewed and approved in accordance with the regulations in effect at the time that the application is deemed complete.
B.
Permit issued before the effective date. Any building, structure or other activity for which a building permit was issued before the effective date specified in Subsection 1.1.3 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, structure or activity does not fully comply with provisions of these regulations. If the permitted construction or activity is not commenced or becomes dormant within the time allowed under the original permit or any extension granted, then the building, structure or other activity is subject to compliance with these regulations.
(Ordinance 475 adopted 6/28/22)
The provisions of the UDC apply to all public and private use and development of properties within the corporate limits and extraterritorial jurisdiction of the City of Bee Cave, to the maximum extent allowed by state or federal law, and except as expressly stated in the UDC.
(Ordinance 475 adopted 6/28/22)
A.
The UDC is adopted for the purposes of:
1.
Protecting and promoting the public health, safety, and general welfare.
2.
Implementing the policies and goals of the Comprehensive Plan and other relevant, officially adopted plans of the City.
3.
Providing for orderly growth and land development.
4.
Allowing for provision of adequate infrastructure capacity for roads, water, wastewater, and drainage and providing public services, such as parks, fire and public safety that contribute to a higher quality of life for Bee Cave residents and visitors.
5.
Recognizing Bee Cave's location within the Edwards Aquifer Contributing Zone and promoting economic and environmental resiliency with sustainable practices for transportation, utility and stormwater management and filtration.
6.
Promoting design standards to protect, preserve and enhance the unique character of Bee Cave, and promoting quality development in the City.
7.
Ensuring that Bee Cave's land development practices, procedures and processes are regionally and nationally competitive; and
8.
Establishing review and approval procedures that are as expeditious, efficient, and cost-effective as possible, while at the same time ensuring careful and competent review.
(Ordinance 475 adopted 6/28/22)
Compliance with the UDC is required in the following instances:
A.
Land may not be used for any purpose other than what is allowed by the provisions of the UDC.
B.
A building or structure may not be erected, located, moved, reconstructed, extended, or structurally altered except as allowed by the UDC.
C.
Buildings, structures, and land may be used and occupied only in compliance with the UDC.
D.
All lots created or modified must comply with the UDC.
(Ordinance 475 adopted 6/28/22)
A.
Conflict with state or federal regulations. If the provisions of this UDC are inconsistent with state or federal law, the more restrictive provision governs, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.
B.
Conflict with other City regulations. If the provisions of the UDC are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.
C.
Conflict with private agreements and covenants. The UDC does not interfere with, abrogate, or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this UDC impose a greater restriction than what is imposed by an agreement or covenant among private parties, the provisions of the UDC govern. The City is not responsible for monitoring or enforcing agreements or covenants among private parties.
D.
Conflict with development agreements in effect at the time of adoption. The UDC does not supersede, abrogate, or annul any approved and executed Development Agreement between a private party and the City Council.
(Ordinance 475 adopted 6/28/22)
The following terms contained in the UDC are defined as follows:
A.
The words "must," "will," "shall" and "may not" are mandatory.
B.
The word "may" is permissive, not mandatory or required.
C.
The word "person" includes a firm, association, organization, partnership, limited liability company, trust, or corporation, as well as an individual.
(Ordinance 475 adopted 6/28/22)
Whenever a provision appears requiring the head of a department or other officer or employee of the City to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of the UDC expressly prohibit such delegation.
(Ordinance 475 adopted 6/28/22)
Unless otherwise expressly stated, all employees, public officials, bodies and agencies named in the UDC are those of the City of Bee Cave or authorized to act on behalf of the City of Bee Cave.
A.
References in the UDC to "the City" are references to the City of Bee Cave.
B.
References to the "City Council" or "Council" are references to the City of Bee Cave City Council.
C.
References to the "Planning and Zoning Commission" or "Commission" are references to the City of Bee Cave Planning and Zoning Commission.
D.
References to the "Director of Planning and Development" or "Planning Director" are references to the City of Bee Cave Director of Planning and Development and his or her appointed designee.
E.
References to the "Building Official" are references to the City of Bee Cave Chief Building Official and his or her appointed designee.
F.
References to the "Zoning Board of Adjustments" or "Board" are references to the City of Bee Cave Zoning Board of Adjustments.
(Ordinance 475 adopted 6/28/22)
All departments, officials, and employees vested with the authority to review, recommend or issue development approvals, permits or licenses must act in accordance with the provisions of the UDC.
(Ordinance 475 adopted 6/28/22)
A.
Unless otherwise expressly allowed by the UDC or state law, any violation of a provision contained in the UDC is subject to the remedies and penalties provided for in the UDC. A violation includes, but is not limited to, the following actions:
1.
To use land, buildings or structures in any way that is not consistent with the requirements of the UDC;
2.
To erect or modify a building or structure in any way not consistent with the requirements of the UDC;
3.
To install or use a sign in any way not consistent with the requirements of the UDC;
4.
To engage in the use of a building, structure or land, the use or installation of a sign, or any other activity requiring one or more permits or approvals under the UDC without obtaining the permits or approvals;
5.
To engage in the use of land, a building(s), a structure(s), or to use or install a sign, or any other activity approved by a permit granted under this UDC or under previous standards of the City in any way inconsistent with or in violation of the requirements of the permit or approval;
6.
To knowingly and willfully obscure, obstruct, or destroy any notice required to be posted under the UDC;
7.
To violate any lawful order issued by an authorized public official or to continue any violation after receiving a notice of a violation;
8.
Provide fraudulent information to obtain an approval or permit under this UDC; or
9.
Failure to install or maintain required landscaping and screening material.
(Ordinance 475 adopted 6/28/22)
The City has the right to execute the following actions to remedy violations of the UDC:
A.
Fines.
1.
Violation of the UDC, or failing to comply with any of its requirements, may be deemed as an offense or misdemeanor punishable by a fine not to exceed two thousand dollars ($2000) for all violations concerning fire safety, zoning, public health and sanitation, including the dumping of refuse, and a fine not to exceed five hundred dollars ($500) for all other violations of this chapter. For the purpose of assessing fines, every day that the violation continues may constitute a new offense.
2.
When a violation committed under this Subsection A is designated as a nuisance under the provisions of the UDC, such nuisance may be summarily abated by the City. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
B.
Withhold permits.
1.
The Planning Director may deny or withhold a permit, Certificate of Occupancy or other forms of authorization on any land, building, structure or improvement upon which is a violation of a requirement of the UDC or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. This enforcement provision may be used regardless of whether the current owner or applicant is responsible for the violation in question.
2.
Instead of withholding or denying a permit or other authorization, the Planning Director may grant authorization subject to the condition that the violation be corrected.
C.
Revoke permits.
1.
A permit, certificate or other form of authorization required under the UDC may be revoked by the Planning Director if he or she determines that:
(i)
There are significant, material departures from an approved plan or permit;
(ii)
The applicant or person acting on behalf of the owner received the permit by false representation;
(iii)
The permit was issued by mistake of an administrative official of the City; or
(iv)
There is any other violation of the UDC or of an approval previously granted by the City.
2.
Written notice of permit revocation or suspension will be served by the Planning Director or Building Official to the property owner, the owner's agent, or contractor, or upon any person employed in the construction of the building or structure. If no persons can reasonably be served notice, the notice must be posted in a prominent location on the property.
3.
If a property owner or the owner's authorized agent relies on fraudulent information to obtain approval of a request or permit listed in Section 1.2.5, the City Official responsible for processing the application under that section will rescind the approval by notifying the property owner and agent in writing.
D.
Stop work order. With or without revoking permits, the Planning Director, City Engineer, or Building Official may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of the UDC or of a permit or other form of authorization issued under the UDC.
E.
Abatement, injunctive relief, and other corrective remedies.
1.
The City may serve notice of any observed or reported violation or nuisance committed in violation of the UDC and order the owner to cease and abate the violation or nuisance within a timeframe specified on the face of the notice.
2.
If the violation or nuisance is not abated and cured within the timeframe specified on the notice in Subsection 1.1.14.E.1, the City Attorney or his or her designee may request a court order for abatement, injunction, mandamus, or other action or proceeding to abate or remove a nuisance or violation and restore a property or building in violation to a conforming condition.
F.
Forfeiture and confiscation of signs on public property. Any sign installed or placed on public property without the authorization of the City, including roadway medians and shoulders in the right-of-way, or easements dedicated to the City or to which the City is a named beneficiary, is forfeited to the public and subject to confiscation. In addition to other remedies and penalties of this chapter, the City has the right to recover the full costs of sign removal and disposal from the sign owner or person who placed the sign.
G.
Other penalties. The City may seek any other penalties and remedies provided by law.
H.
Continuation of previous enforcement actions. Nothing in the UDC stops a previous enforcement action undertaken by the City if the action is according to previous ordinances and laws.
(Ordinance 475 adopted 6/28/22)
The owner or tenant of a building, structure, property, or any division of these, along with an architect of record, engineer of record, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains a violation of the UDC may each be found guilty of a separate offense and be subject to penalties, remedies and enforcement actions.
(Ordinance 475 adopted 6/28/22)
A.
Unless differentiated, "UDC" also refers to any Technical Manual adopted by the City but maintained separately from the UDC. Unless specifically exempted, a Technical Manual adopted by the City applies to all development in the City Limits and Extraterritorial Jurisdiction (ETJ). These are policy documents adopted by reference and may be amended at any time by the City.
B.
Other criteria manuals which are included by reference in the UDC under the term "Technical Manual" are: Engineering Criteria Manual, Transportation Criteria Manual, Drainage Criteria Manual, Technical Construction Standards, & Specifications (TCSS) [and] Technical Manual Amendments. Where the UDC refers to manuals adopted or propagated by a state or federal agency, it will use the full title of the manual.
C.
The Planning Director, City Engineer, Fire Marshal and Building Official are responsible for interpreting, developing, and processing updates to departmental technical manuals as necessary to carry out the intent of the UDC.
(Ordinance 475 adopted 6/28/22; Ordinance 522 adopted 11/14/2023)
If any portion of the UDC is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is severed from the UDC and in no way affects or diminishes the validity of the remainder of the UDC.
(Ordinance 475 adopted 6/28/22)
A.
The City Council may in its sole discretion consider proposed amendments to the text of the UDC (for amendments to zoning district boundaries or zoning regulations, see Section 3.1.8, Amendment to Zoning Map or Text).
B.
If authorized by resolution of Council, the City Manager or a designee may initiate the process to amend the UDC.
C.
Council may adopt an amendment to the UDC upon recommendation by the Planning and Zoning Commission and following a public hearing.
D.
Staff will prepare a report and draft ordinance of each section of the UDC affected by the proposed amendment, as well as other considerations such as:
1.
Specific reference to goals and objectives within the Comprehensive Plan, and the necessity of the proposed amendment in carrying out those goals and objectives;
2.
References to relevant state enabling legislation;
3.
A timetable for properties made non-conforming by the amendment to establish conformance; and
4.
Analysis of disproportionate adverse impact to properties or uses within the City.
(Ordinance 475 adopted 6/28/22)
A.
The City Council may in its sole discretion consider proposed amendments to the text of the Comprehensive Plan, Future Land Use Map, or the Thoroughfare Plan (for amendments to zoning district boundaries or zoning regulations, see Section 3.1.8, Amendment to Zoning Map or Text).
B.
If authorized by resolution of Council, the City Manager or a designee may initiate the process to amend the Comprehensive Plan, Future Land Use Map, or the Thoroughfare Plan.
C.
Council may adopt an amendment to the Comprehensive Plan, Future Land Use Map, or the Thoroughfare Plan upon recommendation by the Planning and Zoning Commission and following a public hearing.
D.
Staff will prepare a report addressing the impact of the proposed amendment, including the following considerations:
1.
Specific reference to affected goals and objectives of the Comprehensive Plan, and the necessity of the proposed amendment to further or enhance the remaining goals and objectives;
2.
The effect the amendment will have upon specific properties or, if none, the effect on the overall development or redevelopment of properties in the City including any potential adverse impacts;
3.
If the proposed amendment is a Future Land Use Map or Thoroughfare Plan change, the effect the change will have upon abutting properties and the potential changes in the development of the property or the area (for example, potential increased residential density or potential increased supply of commercial land).
(Ordinance 475 adopted 6/28/22)