3.2.1 
The City offers Pre-Application Meetings to all residents, developers, and builders who are contemplating submitting an application for development approval. During a Pre-Application Meeting, the Development Officer shall explain the steps in the application process and gives initial feedback about the applicant’s proposal. The two-way communication of information is vital to an efficient process and the City encourages applicants to attend these meetings well before any application is filed. Early City input has the potential to help applicants avoid costly design changes.
3.2.2 
Pre-Application Meetings require submittal of a Pre-Application Site Plan for review (See Appendix for Pre-Application Site Plan Submittal) which shall include the following:
a. 
The location of the project;
b. 
The proposed uses (in general terms);
c. 
The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities;
d. 
The relationship to existing development and street right-of-way;
e. 
The presence of natural resources, floodplains, and floodways on the parcel proposed for development; and
f. 
Any other conditions or items that the applicant believes are relevant to the processing of the application.
(Ordinance 1148-01-18 adopted 1/8/18)
3.3.1 
The City Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established.
Recommendations by Planning and Zoning Commission: Before taking action on any proposed amendment, supplement, or change, the City Council may submit the same to the City Planning and Zoning Commission for its recommendation and report.
3.3.2 
Zoning on Newly Annexed Territory
a. 
All territory hereafter annexed to the City of Hondo shall be temporarily classified as RE, Residential Estate Zoning District, until permanent zoning is established.
b. 
Residential Districts Permanent or Temporary:
RE Residential Estate Zoning District can be either a permanent zoning or temporary zoning category. If used when annexing new territory, it shall be considered temporary zoning. If, after public hearings, the Planning and Zoning Commission and City Council determine that RE is the proper zoning then that district is considered permanent zoning.
c. 
Permits on Temporarily Zoned Property:
An application for a permit on property which is temporarily zoned as described in the paragraph above for any use which is not allowed in RE Residential Estate Zoning per the requirements of the UDC shall be made to the Development Officer and by him referred to the Planning and Zoning Commission for consideration and recommendation to the City Council. The Planning and Zoning Commission, in making its recommendation to the City Council concerning any such permit, shall take into consideration the appropriate land use for the area, as shown in the Comprehensive Master Plan. The City Council, after receiving and reviewing the recommendation of the Planning and Zoning Commission, may by majority vote, authorize the issuance of a building permit or certificate of occupancy or may disapprove the application.
3.3.3 
Questions Arising on Zoned Areas:
Where physical features of the ground are at variance with information shown on the official Zoning Map, or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved, the property shall be considered as classified RE Residential Estate Zoning District, temporarily, in the same manner as newly annexed territory. The issuance of a building permit and the determination of permanent zoning shall be in accordance with the provisions prescribed in the UDC for temporarily zoned areas.
3.3.4 
Zoning Change Application:
a. 
Any person, corporation, or group of persons having a proprietary interest in any property, upon proof of such interest, may petition for a change or amendment to the provisions of this ordinance, or the Planning and Zoning Commission may, on its own motion, institute proposals for change and amendment in the public interest. A Zoning Change Application and Zoning Change Submittal must be presented for consideration of a zoning change (See Appendix for Zoning Change Submittal).
b. 
Applications for a rezoning may also be initiated by a majority vote of the City Council.
3.3.5 
Public Hearing Requirement:
a. 
In accordance with Chapter 211 of the Texas Local Government Code, the Planning and Zoning Commission shall hold a public hearing on any application for amendment, supplement, or change prior to making its recommendation and report to the City Council. Written notice of all public hearings before the Planning and Zoning Commission, on a proposed amendment, supplement or change shall be sent to all owners of real property lying within two hundred (200) feet of the property on which the change is requested. Such notice shall be given not less than ten (10) days before the date set for hearing, and may be served by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears on the last approved City Tax Roll.
b. 
Notice of Public Hearing: In accordance with Chapter 211 of the Texas Local Government Code, a public hearing shall be held by the City Council before adopting any proposed amendment, supplement, or change. At least fifteen (15) days’ notice of the time and place of such hearing shall be published in the official newspaper of the City of Hondo.
3.3.6 
Review and Recommendation:
a. 
Staff Review. Development Officer shall review each proposed rezoning and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Development Officer shall provide a report and recommendation to the Planning and Zoning Commission.
b. 
After the public hearing, the Planning and Zoning Commission shall make a final report to the City Council.
c. 
If the Planning and Zoning Commission fails to issue a final report after 60 days to the City Council, then the report is deemed to have a recommendation of denial. If the Planning and Zoning Commission makes a recommendation after the public hearing, then the proposal will move forward to the next regularly scheduled City Council meeting.
3.3.7 
Effect of Decision
a. 
The City Council shall hold a public hearing on the proposed rezoning and, at the close of the hearing shall, based upon the recommendations of the Development Officer and Planning and Zoning Commission:
b. 
Approve the rezoning by ordinance;
c. 
Approve the rezoning by ordinance with conditions or modifications (e.g., change the zoning on a designated portion of the property or change the zoning to another designation);
d. 
Deny the rezoning; or
e. 
Refer the proposed rezoning back to the Planning and Zoning Commission for further consideration.
3.3.8 
No application for rezoning shall be considered within one year of denial of a request by the City Council for the same classification on the same property. This one-year limitation may be waived by City Council at their sole discretion.
(Ordinance 1148-01-18 adopted 1/8/18; Ordinance 1215-01-20 adopted 1/27/20)
3.4.1 
Before any plan, plat, or replat of a subdivision of land inside the city, or within the extraterritorial jurisdiction thereof shall be recorded with the County Clerk of Medina County, it shall first be approved by the Planning and Zoning Commission of the city, or by the Development Officer as applicable, in conformity with the provisions of this article [this chapter]. No transfer of land in the nature of a subdivision as defined herein shall be exempt from the provisions of this article even though the instrument or document of transfer may describe the land so subdivided by metes and bounds. The filing of any plan, plat, or replat without complying with the requirements of this article, or the transfer of land by filing of any instrument in the nature of a conveyance without having first complied with the requirements of this article, shall be deemed a violation of the provisions of the UDC.
3.4.2 
Preliminary Plat.
a. 
All persons desiring to subdivide a tract of land within the jurisdiction of the UDC shall first prepare and submit to the Development Officer a preliminary plat together with supplementary material as specified hereinafter (See Development Guide). No final plat shall be approved until a preliminary plat is approved pursuant to this Section.
b. 
Two (2) full sized hard copies and one (1) electronic copy (in a format approved by the Development Officer) of the preliminary plat and supplementary materials shall be submitted to the Development Officer with the written subdivision plat application by the application deadlines as specified by the Development Officer. Development Officer may require additional copies as may be required for adequate review and processing of the preliminary plat.
c. 
Upon receipt of a preliminary plat application along with other required information and supplementary materials, the Development Officer shall perform a technical review of the plat to determine that the plat is administratively complete and provides all information required by this ordinance, or as may be required by the Development Officer.
i. 
Upon a determination that the plat is administratively complete, plat will be considered filed for purposes of Texas Local Government Code, Section 212.009. The Development Officer shall provide the subdivider written notice of such determination and shall forward the application and supplementary material to the Planning and Zoning Commission for their consideration. The Planning and Zoning Commission shall render a decision thereon within thirty (30) days from the date notice of administrative completeness is provided to the applicant. The statutory review time limitations as required by the Texas Local Government Code shall not begin until the application and supplemental information is accepted as administratively complete in writing in accordance with this section.
ii. 
Upon a determination that the plat is administratively incomplete or if the Development Officer requires additional information to determine compliance with the regulations of City Code and completeness of said application, the Development Officer shall provide the subdivider written notice of same such incompleteness and specify in the notice the precise information needed for the plat to be considered administratively complete. The Planning and Zoning Commission shall not render a decision on any plat until it is deemed administratively complete.
d. 
The following data shall be shown on the preliminary plat. The content of the preliminary plat must also conform to the requirements of the Development Guide.
i. 
Name of the proposed subdivision, north arrow, scale, and date;
ii. 
The name and contact information for the owner, subdivider, engineer, surveyor, land planner, or any other designer responsible for the survey and design;
iii. 
Location of boundary or property lines width and location of platted streets, alleys, and easements within or adjacent to the property being subdivided. Existing easements and right-of-way shall reference the applicable dedication information (i.e. Existing Xft utility easement, dedicated by separate instrument recorded in Medina County Records, Volume X, Page Y). Proposed easements and right-of-way shall state that they are dedicated by the plat (i.e. X easement, dedicated by this plat);
iv. 
Location of boundary or property lines[,] width and location of pipelines, present physical features on the land including natural and artificial watercourses, ditches, ravines, culverts, bridges, present structures and any other features directly pertinent to the land being subdivided, location of existing utilities, showing pipe sizes and capacities of sewer and water mains and drainage facilities;
v. 
Outline of any existing wooded areas and the location, species, and size of any important individual trees. If none exist on subject property, indicate with plat note;
vi. 
Topographic map of the property with contour intervals of one foot, with all grades shown tied to City datum of any public authority that may be established in the area;
vii. 
A description of the property with approximate acreage and total number of lots;
viii. 
The street system design, location and width of proposed streets, easements, and alleys, building lots and other features and their relationship to streets, alleys, and easements in adjacent subdivision. Existing easements and right-of-way shall reference the applicable dedication information (i.e. Existing Xft utility easement, dedicated by separate instrument recorded in Medina County Records, Volume X, Page Y). Proposed easements and right-of-way shall state that they are dedicated by the plat (i.e. X easement, dedicated by this plat);
ix. 
A vicinity map;
x. 
Zoning district classification and land use designation of the land within the subdivision;
xi. 
Proposed water distribution system;
xii. 
Proposed sewage collection system;
xiii. 
On-site and off-site drainage; and
xiv. 
Boundary of the subdivision, with bearings and distance
e. 
When a preliminary plat has been approved, the developer may thereafter file a final plat or final plats of sections of the subdivision upon which approval of the preliminary plat has been obtained. Upon the filing of a final plat or plats covering only a portion of such subdivision, the remainder of the preliminary plat shall be considered conditionally approved until such time that the final plat for the remaining area has been approved and filed; provided, however, that such conditional approval of the remainder of the preliminary plat shall be limited to a two-year period[.] However, the Planning and Zoning Commission may, at its discretion, extend such period of validity. When a preliminary plat has been approved and thereafter the developer fails to file a final plat of the subdivision or a section thereof within a period of two years, the approval of the preliminary plat shall be void. The Planning and Zoning Commission may, in its discretion, extend such period of validity.
f. 
The action of the Planning and Zoning Commission shall be noted in writing and attached to a copy of the preliminary plat. The report shall reference any conditions determined by the Commission action.
3.4.3 
Final Plat
a. 
The final plat shall conform substantially to the preliminary plat as approved and, if desired by the developer, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations. (See Development Guide)
b. 
Two (2) full sized hard copies and one (1) electronic copy (in a format approved by the Development Officer) of the final plat and supplementary material shall be submitted to the Development Officer by the application deadlines as specified by the Development Officer. Development Officer may require additional copies as may be required for adequate review and processing of the final plat.
c. 
Upon receipt of a final plat application along with other required information and supplementary materials, the Development Officer shall perform a technical review of the plat to determine that the plat is administratively complete and provides all information required by this ordinance, or as may be required by the Development Officer.
i. 
Upon a determination that the plat is administratively complete, the plat will be considered filed for purposes of Texas Local Government Code, Section 212.009. The Development Officer shall provide the subdivider written notice of such determination and shall forward the application and supplementary material to the Planning and Zoning Commission for their consideration. The Planning and Zoning Commission shall render a decision thereon within thirty (30) days from the date notice of administrative completeness is provided to the applicant. The statutory review time limitations as required by the Texas Local Government Code shall not begin until the application and supplemental information is accepted as administratively complete in writing in accordance with this section.
ii. 
Upon a determination that the plat is administratively incomplete or if the Development Officer requires additional information to determine compliance with the regulations of City Code and completeness of said application, the Development Officer shall provide the subdivider written notice of such incompleteness and specify in the notice the precise information needed for the plat to be considered administratively complete. The Planning and Zoning Commission shall not render a decision on any plat until it is deemed administratively complete.
d. 
The following data shall be shown on the final plat in addition to any items which were required to be shown on the preliminary plat. The content of the final plat must also conform to the requirements of the Development Guide:
i. 
The title or name by which the subdivision is to be identified;
ii. 
The north arrow and scale of the plat;
iii. 
The name of the state registered professional engineer, or state licensed Dr registered land surveyor responsible;
iv. 
The name and address of the owner and engineer or surveyor;
v. 
A definite legal description and identification of the tract being subdivided which description shall be sufficient for the requirements of title examination;
vi. 
A descriptive diagram drawn to scale, showing by reference that the subdivision is a particular portion or part of a previously filed plat or recognized grant or partition, which diagram and description shall show as being included in the subdivision, at least all of the smallest unit of the last filed subdivisions, plat, or grant out of which the instant subdivision is divided, or so much thereof as is owned by the subdivider;
vii. 
The boundaries of the subdivided property indicated by a heavy line and tied by dimension to adjoining tracts showing the location or designation of streets, alleys, parks, and other areas intended to be dedicated or deeded for public use, with proper dimensions;
viii. 
Topographic map of the property with contour intervals of one foot, with all grades shown tied to City datum of any public authority that may be established in the area;
ix. 
The location of all adjacent streets and alleys, with their names, and the names of adjoining subdivisions with exact location and designation by number or lots and blocks;
x. 
All lot, block, and street boundary lines, with lots and blocks numbered or lettered consecutively;
xi. 
Building lines and easements defined by dimension;
xii. 
Width of all streets (measured at right angles or radically, where curved);
xiii. 
All principal lines have the bearing given and deviation from the norm indicated;
xiv. 
The length and bearing of all straight lines, radii, arc lengths, tangent length, and central angles of all curves shall be indicated along the boundary line of the subdivision and each block. All dimensions along the lines of each lot shall be shown. The curve data pertaining to block or lot boundary may be placed in a curve table at the base of the plat;
xv. 
The description and location of all lot and block corners and permanent survey reference monuments shall be shown. Lot markers shall be one-half inch reinforcing bar, 24 inches long, or approved equal, and shall be placed at all lot corners flush with the ground;
xvi. 
Any covenants, conditions and restrictions (CCRs) proposed for the property;
xvii. 
A waiver of any claim(s) against the City for damages occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to conform to grades established in the subdivision;
xviii. 
The final plat shall be accompanied by a written agreement of the developer to install improvements required by this UDC together with a performance bond (corporate or personal surety), letter of credit, or certified check in a sufficient amount to assure the completion of all the required improvements;
xix. 
A certificate of ownership in fee of all land embraced in the subdivision, and of the authenticity of the plat and dedication, signed and acknowledged by all owners of any interest in said land. The acknowledgement shall be in the form required in the conveyance of real estate. A certificate from each tax collector of a political subdivision in which the property is located must accompany the plat to be recorded in the Office of the County Clerk shall that all taxes owning [owing] to the state, county, and/or City and any other political subdivision have been paid in full to date. Approval and acceptance of all lien holders shall also be included; and
xx. 
A certificate by a registered professional engineer, state licensed, or registered land surveyor in charge, duly authenticated, that the plat is true and correct and in accordance with the determination of surveys actually made on the ground. If the engineer or surveyor who prepared the plat did not make the original boundary survey, this fact should be noted in the certificate. Also, the certificate should show whether or not the tract is within one mile of the City limits, measured in a straight line from the nearest points in the City limits, unless the information is shown in suitable manner elsewhere on the face of the plat.
3.4.4 
If the Planning & Zoning Commission fails to act on a plat within the prescribed period, the City upon written request by the applicant shall issue a certificate stating the date the plat was filed and that the Planning & Zoning Commission failed to act on the plat within the prescribed period. The certificate is effective in place of the endorsement required.
3.4.5 
In accordance with Section 212.004, Plat Required, of the Tex. Local Gov’t Code, the Development Officer will ensure all applicable requirements have been met prior to recording the plat with the Medina County Clerk.
3.4.6 
Platting Exceptions
a. 
A division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated;
b. 
A division of land for agricultural purposes, and where no building construction is involved, in parcels of five (5) acres or more, unless any such subdivision of five (5) acres or more includes the planning or development of a new street or access easement.
3.4.7 
Minor Plats
a. 
In accordance with the authority granted under Texas Local Government Code, Section 212.0065, the City Council has delegated approval authority to the Development Officer for the following which shall hereafter be collectively referred to as minor plat(s) for the purposes of this ordinance:
i. 
Amending plat as described by Texas Local Government Code, Section 212.016; and
ii. 
Minor plats or replats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities.
iii. 
An applicant seeking approval under subsections i and ii above must adequately demonstrate that the division of land does not require the creation of any right-of-way, streets, drainage improvements, or utility extensions.
iv. 
The Development Officer may, for any reason, elect to present the minor plat for approval to the Planning and Zoning Commission. Any plat which is referred to the Planning and Zoning Commission by the Development Officer shall meet all the requirements of a Preliminary and Final Plat as described in other sections of this Chapter.
v. 
The Development Officer shall not disapprove the plat and shall be required to refer any plat which the Development Officer denies approval, to the Planning and Zoning Commission.
vi. 
At the time a minor plat application is presented to the Development Officer, a filing fee shall be included with the application in accordance with the City’s adopted Comprehensive Fee Schedule.
vii. 
All persons desiring to subdivide a tract of land in accordance with this section shall first prepare and submit to the Development Officer a minor plat together with supplementary material as specified hereinafter (See Development Guide).
1. 
Two (2) full sized hard copies and one (1) electronic copy (in a format approved by the Development Officer) of the minor plat and supplementary material shall be submitted to the Development Officer with written subdivision plat application. The Development Officer may require additional copies as may be required for adequate review and processing of the minor plat.
viii. 
Upon receipt of a minor plat application along with other required information and supplementary materials, the Development Officer shall perform a technical review of the plat to determine that the plat is administratively complete and provides all information required by this ordinance, or as may be required by the Development Officer.
1. 
Upon a determination that the plat is administratively complete, the plat will be considered filed for purposes of Texas Local Government Code, Section 212.009. The Development Officer shall provide the subdivider written notice of such determination and shall render a decision thereon within thirty (30) days from the date notice of administrative completeness is provided to the applicant. The statutory review time limitations as required by the Texas Local Government Code, Section 212.009 shall not begin until the application and supplemental information is accepted as administratively complete in writing in accordance with this section.
2. 
Upon a determination that the plat is administratively incomplete or if the Development Officer requires additional information to determine compliance with the regulations of City Code and completeness of said application, the Development Officer shall provide the subdivider written notice of such incompleteness and specify in the notice the precise information needed for the plat to be considered administratively complete. The application would then be rejected as incomplete.
3.4.8 
Replat
a. 
Any person wishing to revise a subdivision plat which has been previously filed for record must make application in accordance with the preliminary plat and final plat requirements of the UDC. The proposed replat shall meet all the requirements of the UDC.
b. 
In addition to compliance with the other requirements of this ordinance, a replat without vacation of the preceding plat (in accordance with TLCG, Section 212.014), must conform to the requirements of Texas Local Government Code, Section 212.015, if:
i. 
During the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot; or
ii. 
Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot.
(Ordinance 1148-01-18 adopted 1/8/18; Ordinance 1173-05-18 adopted 5/14/18; Ordinance 1188-10-18, sec. 2(B)(a), (b), adopted 10/22/18; Ordinance 1215-01-20 adopted 1/27/20)
3.5.1 
Ownership:
An application for approval of a Site Plan under the Planned Development District (PD)/Mixed-Use Development (MUD) regulations may be filed by a person having a legal interest in the property to be included in the Site Plan. In order to ensure unified planning and development of the property, the applicant shall provide evidence, prior to final approval of the Site Plan, that the property is held in single ownership or is under single control. Land shall be deemed to be held in single ownership or under single control if it is in joint tenancy, tenancy in common, a partnership, a trust, or a joint venture. The Site Plan shall be filed in the name(s) of the record owner(s) of the property, which shall be included in the application.
3.5.2 
Application:
An application for a Planned Development District (PD) may be made to the Planning and Zoning Commission in the same manner that an application for zoning change is made. Applications for approval of a Planned Unit Development District shall be processed according to the procedure specified herein and a site plan and related data shall be submitted for approval in accordance with the requirements set out in this section. (See Appendix for PD Submittal)
3.5.3 
Procedure:
An application for a Planned Development shall be accompanied by a development site plan meeting the requirements set forth in the UDC.
a. 
Upon receipt of an application, the Development Officer shall make notification of a public hearing as set forth in the UDC.
b. 
The Development Officer shall prepare a written report analyzing the development site plan and such report shall be given to the Planning and Zoning Commission and applicant in accordance with the UDC Submittal and Review Schedule.
(Ordinance 1148-01-18 adopted 1/8/18)
3.6.1 
Application for approval of site plans is required to be submitted to the Development Officer prior to any site development.
3.6.2 
A Site Plan is the final plan required in the Site Plan approval process. The Site Plan is a detailed plan of the public and private improvements to be constructed. The purpose of the plan is to ensure compliance with applicable development regulations; coordinate and document the design of public and private improvements; coordinate the subdivision of land, granting of easements, right-of-way development agreements and provision of surety; promote the health, safety and welfare of the public; and to identify and address environmental concerns. An approved Site Plan shall be effective for a period of two (2) years from the date of approval, at which time the Site Plan will expire unless evidence of substantial progress towards completion is provided. Evidence of substantial progress towards completion is the submission, receipt and approval of engineering plans and building permits prior to the expiration date.
3.6.3 
An approved and valid site plan shall be required prior to the approval of any construction plan and permit for and development of nonresidential development, residential development having more than two (2) dwelling units, manufactured home parks, and parking lot development of more than twenty (20) spaces.
3.6.4 
The property owner shall file an application for the approval of a Site Plan with the Development Officer. (See Appendix for Site Plan submittal)
(Ordinance 1148-01-18 adopted 1/8/18)
No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the Building Official or their designee authorized to issue the same. No building permit shall be issued except in conformity with the provisions of this ordinance and all applicable building codes of the City.
(Ordinance 1148-01-18 adopted 1/8/18; Ordinance 1215-01-20 adopted 1/27/20)
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy shall have been issued stating that the proposed use of the building or land conforms to the requirements of this ordinance.
(Ordinance 1148-01-18 adopted 1/8/18)
3.11.1 
It shall be unlawful to construct or install any sign or billboard except as is expressly permitted in the UDC.
3.11.2 
Permit and fee required
a. 
No person, firm or corporation shall construct, erect, install, place, alter, repair or relocate any sign or billboard within the city limits of the City of Hondo, Texas without obtaining a sign permit from the Development Officer. Each application for a sign permit must be accompanied by an initial permit fee and a submission of drawings, descriptions and specifications as are reasonably determined by the Development Officer to be necessary for proper review of the application. Upon receipt of a completed application accompanied by the requisite fee, the Development Officer shall approve or deny said permit.
b. 
If the sign or property owner wishes to relocate an existing off-premise sign, a new application must be submitted along with the permit fee to the Development Officer for approval.
c. 
Any person, firm, or corporation proposing to install a sign along a roadway regulated by the Texas Department of Transportation (TxDOT) shall provide the Development Officer with a copy of written authorization or approval of such sign from the Texas Department of Transportation (TxDOT) at the time that an application is made to install the sign.
d. 
Exemptions from Permit Requirement.
The following types of signs are exempt from the requirement to obtain a sign permit, provided the signs are not lighted, either internally or externally, and provided the signs comply with all other provisions of this Section and other applicable codes: Community pride signs, construction signs with an area of three (3) square feet or less, off-site event signs, on-site event signs with an area of three (3) square feet or less, flags, name plates, political signs, residential realty signs, commercial real estate and banners, single-family address signs, community services signs and hand-held signs.
e. 
The following actions are also exempt from the requirement of a sign permit: repainting or replacing letters or characters on an existing sign, provided that the area of the sign is not enlarged and that the height of the sign is not increased, and that the sign does not advertise or announce a new business; changing the copy on a bulletin board or changeable copy sign; and replacing the fabric or other material of an awning sign when no other change is made in the sign.
(Ordinance 1148-01-18 adopted 1/8/18)
3.12.1 
Authorization:
The City Council of the City of Hondo, Texas, after public hearing and proper notice to all parties affected and after recommendation by the Planning and Zoning Commission, may authorize the issuance of Specific Use Permits for the uses indicated by an S in the Use Table located in the UDC.
3.12.2 
Special Requirements:
The Planning and Zoning Commission in considering and determining its recommendations to the City Council on any request for a Specific Use Permit, may require from the applicant plans, information, function and characteristics of any building or use proposed. The City Council may, in the interest of the public welfare and to assure compliance of the Ordinance, establish conditions of operation, location, arrangement and construction of any specific use for which zoning is authorized. In authorizing the location of any of the uses listed as Specific Use Permits, the City Council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view, or other undesirable or hazardous conditions.
3.12.3 
Application for Specific Use Permit:
Any person, firm or corporation, either as landowner or tenant, may request the use of property which requires a Specific Use Permit. A Specific Use Permit may be granted after application has been properly made and a public hearing before the Planning and Zoning Commission and the City Council has been conducted. The proposed use must comply with all regulations and restrictions as contained in the UDC. In addition all requests for a Specific Use Permit must comply with all State and Federal laws and regulations applicable to such use. The Planning and Zoning Commission may recommend additional restrictions or stipulations as the facts and circumstances of each case may warrant. Specific Use Permits are valid conditioned upon that the permitted use continues and the applicant complies with all ordinances, codes, regulations, conditions, and stipulations of the City of Hondo and as set forth in this section.
3.12.4 
Removal for Cause:
A Specific Use Permit may be removed from a parcel or tract of land when it is found that it has continued to operate in violation of the conditions as originally granted. No action will be initiated by the City without prior written notification of such violation to the user and/or owner of the property. If after written notification the use continues without being addressed by the user and/or owner, or without the user and/or owner providing the City with a plan to bring the specific use into compliance with the original conditions of the Specific Use Permit, the City may schedule a public hearing, in accordance with state law regarding public notice for zoning changes. After a public hearing regarding the removal of the Specific Use Permit, the City may remove the permit in accordance with the procedures as provided in this ordinance.
(Ordinance 1148-01-18 adopted 1/8/18)
3.13.1 
Zoning
a. 
The Board of Adjustment shall have the power to authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the Board of Adjustment unless and until it is determined.
b. 
That the granting of the variance will not be contrary to the public interest; and
i. 
That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. Unnecessary hardship shall mean physical hardship relating to the property itself and not a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner’s own actions; and
ii. 
That by granting the variance, the spirit of the Ordinance will be observed and substantial justice will be served.
iii. 
The applicant shall have the burden of proving to the Board that the foregoing conditions have been met.
c. 
Any appeal or variance granted by Board of Adjustment shall not be valid if construction authorized is not begun within one hundred eighty (180) days.
Exercising of Powers: In exercising its powers, the Board may revise or reform wholly or partly, or may modify the order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.
d. 
Appeal from Decision of Board:
Any person aggrieved by any decision of the Board of Adjustment, or any officer, department or other board or Commission of the City, may appeal the decision or action of the Board of Adjustments by filing a petition for same in a court of competent jurisdiction, setting forth that such decision is illegal in whole or in part, and specifying the grounds for the alleged illegality. Such petition shall be filed with the court within ten (10) days from the day the Board renders its decision, and not thereafter.
e. 
Reapplication:
No application for a variance or appeal which has been denied shall be again filed earlier than one (1) year from the date of original denial unless other property in the immediate vicinity has, within the said one-year period, been changed or acted on by the Board of Adjustment or City Council so as to alter the facts and conditions on which the previous Board action was based. Notwithstanding the foregoing, an applicant for a variance who did not attend the hearing on his/her application, either in person or through a representative, and whose application was subsequently denied without further hearing being held may reapply within thirty (30) days upon a showing of good cause for the applicant’s failure to appear. Such change of circumstances shall permit the rehearing of an appeal by the Board of Adjustment prior to the expiration of the one-year period, but such conditions shall in no way have any force in law to compel the Board of Adjustment, after a hearing, to grant a subsequent appeal. Such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought.
3.13.2 
Subdivision
a. 
Hardship.
Where the Planning and Zoning Commission finds that extraordinary hardship may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of nullifying the intent and purpose of the general community plan of these regulations.
b. 
Conditions.
In granting variances and modifications, the Planning and Zoning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
(Ordinance 1148-01-18 adopted 1/8/18; Ordinance 1215-01-20 adopted 1/27/20)
Any developer contesting any disapproval and/or the interpretation and/or application of any rule, standard, regulation, determination, requirement, or necessity set forth in this article [this chapter], directly or by delegation of authority, shall have the right, after filing a written request with the Development Officer, to have a hearing thereon before the City Council of Hondo within thirty (30) days after the date of the filing of such request. The City Council of Hondo shall be the final judge in all such cases and the substantial evidence rule shall apply.
(Ordinance 1148-01-18 adopted 1/8/18)
3.15.1 
The City Council may amend the text of this UDC to implement the Comprehensive Master Plan, as may be amended from time to time, conform to State or Federal legal requirements, address changing or changed conditions, or otherwise advance the public health, safety, and welfare of the City.
3.15.2 
Petitions for amendments to this UDC shall be made to the Development Officer for presentation to the Planning and Zoning Commission for review and recommendations to the City Council.
3.15.3 
Recommendations and decisions regarding petitions for amendments to text of this UDC are legislative in nature, but shall be based on consideration of all the following criteria:
a. 
Will help to implement the adopted Comprehensive Master Plan, or, if it addresses a topic that is not addressed or not fully developed in the Comprehensive Master Plan, the proposed amendment does not impair the implementation of the adopted Comprehensive Master Plan when compared to the existing UDC.
b. 
Is consistent with the stated purposes of this UDC.
c. 
Will maintain or advance the public health, safety, or general welfare.
d. 
Will help to mitigate adverse impacts of the use and development of land on the natural or built environment, including, but not limited to mobility, air quality, water quality, noise levels, stormwater management, wildlife protection, and vegetation; or will be neutral with respect to these issues.
e. 
Will advance the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.
3.15.4 
Procedure
a. 
Staff Review.
The Development Officer shall review each proposed amendment in light of the approval criteria above, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Development Officer shall provide a report and recommendation to the Planning and Zoning Commission.
b. 
Planning and Zoning Commission Recommendation
i. 
The Planning and Zoning Commission shall hold a hearing on the proposed text amendment. Following the hearing, the Planning and Zoning Commission shall make a recommendation to the City Council.
ii. 
If no final report is made within 45 days of the Planning and Zoning Commission’s hearing, then the Planning and Zoning Commission may request an extension of time from the City Council. Such request shall be within the 45-day period. If no final report is made and no extension is granted, the City Council may act on the proposed amendment without a recommendation from the Commission.
iii. 
Upon the Planning and Zoning Commission receiving the report for a proposed amendment and recommending a change, the Development Officer shall draft an ordinance, submit it to the City Attorney for approval as to form, and shall forward the ordinance to the City Council for consideration.
c. 
City Council Action.
Upon receipt of the final report from the Planning and Zoning Commission, the City Council shall vote to approve, approve with amendments, or reject the proposed amendment based on the approval criteria above. The City Council also may refer the proposed amendment back to the Commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days (or shorter period if the application is being processed concurrently with a plat and the plat application is still pending at the time the amendment is postponed).
d. 
No Retroactive Cure of Violations.
The amendment of the text of this UDC may transform a legally nonconforming situation into a conforming one. However, no petition for a text amendment shall be used to cure a violation of any part of this UDC.
(Ordinance 1148-01-18 adopted 1/8/18; Ordinance 1215-01-20 adopted 1/27/20)