A.
Generally.
1.
A pre-application conference is recommended for all applications for development approval except applications for building permits for single-family detached dwellings, residential accessory buildings or structures, and signs. At the pre-application conference, the Building Official, or designee, and other members of the Development Review Committee, as appropriate, will meet with the applicant to review preliminary materials, identify issues, and advise the applicant regarding which applications and approvals will be required from the City and what information will have to be provided.
2.
Informal meetings may be scheduled prior to a pre-application conference, at the discretion of the applicant and the City staff. Such meetings are recommended prior to the development of site plans and preliminary plats.
B.
Required Materials.
1.
The applicant shall bring (or submit prior to) sufficient supporting materials to explain:
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;
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.
2.
The Building Official may request that the applicant bring completed application forms (in draft form) for the types of permits or approvals being sought.
(Ordinance 2015-30 adopted 10/30/15)
A.
Generally.
Every application for development approval required by this UDC shall be submitted on a form approved by the Building Official, along with the corresponding application fee.
B.
Forms.
1.
The Building Official shall promulgate and periodically revise forms for each type of application required by this UDC.
2.
Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the Building Official, or designee, and have the purpose of facilitating:
C.
Schedule.
The Building Official is authorized, but not required, to establish regular intake days for any or all classifications of applications for development approval, provided that:
(Ordinance 2015-30 adopted 10/30/15)
A.
Generally.
All development review applications shall be reviewed for completeness by the Building Official.
1.
Applications with Submittal Deadlines.
For application types that have an established submittal deadline, the application completeness review shall be complete no later than five business days after the specified submittal deadline.
2.
Applications without Submittal Deadlines.
For application types that do not have an established submittal deadline, the application completeness review shall be complete no later than five business days from the date the application is submitted.
B.
Incomplete Applications.
1.
Incomplete applications shall be returned to the applicant, along with any fee included with the application, with a written explanation that describes in general terms the materials that must be submitted in order to complete the application.
2.
An application that does not include the applicable processing fee shall not be considered complete.
3.
Incomplete applications are not considered filed.
C.
Complete Applications.
Complete applications shall be processed according to the applicable standardized development approval procedures of this Division.
(Ordinance 2015-30 adopted 10/30/15)
A.
Generally.
Upon determination that an application is complete, the Building Official shall cause the application to be reviewed for technical compliance with all applicable requirements of this UDC.
B.
C.
Administrative Recommendation or Decision.
Promptly after submittal of a complete application that addresses City staff and other development review comments:
1.
If the application is for an administrative approval, the Building Official shall approve, approve with conditions, or deny the application, as appropriate.
2.
If the application is for a public meeting or public hearing approval, the Building Official shall make a recommendation regarding the application and forward the recommendation to the next administering body, as described in Section 14.102, Public Meeting and Public Hearing Approvals, who will consider it for further recommendation or approval.
D.
Meeting Logistics.
1.
If the application is for a public meeting or hearing approval, the City Secretary, in coordination with the Building Official, shall set the application on the next available agenda of the administering body that will consider the application, consistent with the legal requirements for public notice, as set out in Section 14.206, Public Notice.
2.
The Building Official shall coordinate with the applicable administering body to fix reasonable times for public hearings.
3.
The Building Official shall notify the applicant regarding the time and place of a public hearing.
(Ordinance 2015-30 adopted 10/30/15)
A.
Generally.
Public notice of public hearings required by this UDC shall be provided as required by Table 14.206, Required Notice.
Table 14.206 | ||
|---|---|---|
Required Notice | ||
Type of Public Hearing | Types of Notice Required | |
Publication Notice | Mailed Notice | |
Appeals of Administrative Decisions | Published not less than 10 days before the public hearing | Not Required |
Conditional Use Permits | Published not less than 15 days before the public hearing | Written notice shall be sent not less than 15 days before such hearing |
Text Amendments to this UDC | Published not less than 15 days before the public hearing | Not Required |
Variances | Published not less than 10 days before the public hearing | Written notice shall be sent not less than 10 days before such hearing |
Zone Changes (i.e., rezoning) | Published not less than 15 days before the public hearing | Written notice shall be sent not less than 15 days before such hearing |
B.
Procedural Requirements for Notice.
All notices shall describe the action proposed to be taken and the date, time, and place of the public hearing. In addition, the following requirements apply based on the type of required notice:
1.
Publication Notice.
Notice shall be published in an official newspaper of general circulation in the City as provided by state law.
2.
Mailed Notice.
a.
Written notice shall be sent to all owners of real property which is located within 200 feet of the subject property or within 200 feet of any other abutting property under the same ownership as the subject property.
b.
Measurements shall be taken inclusive of public streets.
c.
Such notice may be served by using the last known address as listed on the City tax roll and depositing the notice, postage paid, with the United States Postal Service (USPS).
(Ordinance 2015-30 adopted 10/30/15)
A.
Generally.
All public meetings and hearings shall be open to the public except as otherwise provided in the Chapter 551, Open Meetings, of the Tex. Gov’t Code (also known as the “Texas Open Meetings Act”). However, not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this UDC are classified as requiring a “public meeting” or “public hearing.”
B.
Joint Meetings.
Any public hearing required by this UDC or the laws of the state may be held jointly with any public hearing required to be held by any other Board, Council, or Commission of the City, except the Zoning Board of Adjustment. Such joint meetings may be held after publication of notice as required by law.
C.
Public Meetings.
Any Board, Council, or Commission that is identified in Article 13, Administrative Bodies, except the Zoning Board of Adjustment, may establish a consent agenda. The consent agenda may consist of all matters brought before the Board, Council, or Commission for action that does not require a public hearing. All items on the consent agenda shall be approved simultaneously by motion without comment or debate. An item may be removed from the consent agenda prior to said approval at the request of any member of the Board, Council, or Commission present at the meeting, or by City staff. Items removed from the consent agenda shall be considered on the regular agenda.
D.
Public Hearings.
1.
Procedures.
Boards, Councils, and Commissions will adopt rules of procedure for the conduct of public hearings. The following general procedures shall be reflected in the adopted rules of procedure.
a.
Any person may appear at a public hearing, submit evidence, and be heard.
b.
If a speaker represents an organization, the body conducting the hearing may request written evidence of that person’s authority to speak on behalf of the group in regard to the matter under consideration.
c.
Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.
d.
Citizens, applicants, and the City have the right to present expert witnesses.
e.
The chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant.
2.
Representation.
Persons appearing before a Board, Council, or Commission may appear in person or through a representative or agent. The representative or agent shall provide satisfactory proof of his or her authority upon the request of the City, Board, Council, or Commission.
3.
Quorum.
The number of members of a Board, Council, or Commission that is required in order to constitute a quorum is set out in the Cuero Code of Ordinances and this UDC.
E.
Decisions.
1.
All Decisions.
Except when voice votes are authorized, a vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote.
2.
Planning and Zoning Commission and City Council Decisions.
Except where this UDC or Texas state statutes provides otherwise, official action requires the favorable vote of a majority of a quorum present.
3.
Zoning Board of Adjustment Decisions.
In accordance with Section 211.009, Authority of Board, of the Tex. Local Gov’t Code, the decisions of the Zoning Board of Adjustment are as follows.
a.
In exercising its powers, the Zoning Board of Adjustment may, in conformity with the provisions of the statutes of the state as existing or hereafter amended, reverse or affirm, 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.
b.
The Zoning Board of Adjustment Board shall have the power to impose reasonable conditions to be complied with by the applicant. The concurring vote of 75 percent of the number of regular members of the Zoning Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this Chapter or to effect any variance in said Chapter.
4.
Protest against change.
In case of a protest against a change in zoning district, signed by the owners of 20 percent or more either of the land included in such proposed change, or of the land within 200 feet thereof, including any intervening public street, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the City Council.
F.
Time Limitations for Decisions.
1.
For rezoning applications, the Planning and Zoning Commission may defer its report for not more than 60 days to City Council. If the Planning and Zoning Commission fails to finally report after 60 days to 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 hearing in accordance with Section 14.206, Public Notice.
2.
For preliminary and final plats, the Planning and Zoning Commission shall make a recommendation within 30 days of when the application has been determined complete. Once the Planning and Zoning Commission has made a recommendation, it is forwarded to the City Council for a final consideration of approval, which must occur within 30 days of the Planning and Zoning Commission recommendation.
G.
Conditions of Approval.
Some procedures set out in this UDC authorize the administering body to impose such conditions upon the premises benefited by the approval as may be necessary to reduce, minimize or eliminate potential adverse impact upon other property in the area, or to carry out the general purpose and intent of the Cuero Comprehensive Plan and this UDC. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development and shall be roughly proportional in both extent and amount to the anticipated impacts of the proposed use or development and/or shall carry out the general purpose and intent of the City’s comprehensive plan and this UDC. No conditions of approval, except for those attached to a variance approval, shall be less restrictive than the requirements of this UDC.
(Ordinance 2015-30 adopted 10/30/15)
A.
Continuances.
Requests for continuance of any proceeding called for herein may be granted at the discretion of the administering body holding the meeting. If granted, the applicant shall pay all additional costs associated with the rescheduling of the proceeding.
B.
Withdrawal.
Any application may be withdrawn, either in writing or on the record during the proceeding before the recommendation or decision is made.
(Ordinance 2015-30 adopted 10/30/15)
A.
Generally.
It is the policy of the City not to hear successive applications for the same approval after an application is denied. The limitations of this Section prevent the consideration of successive applications.
B.
Time Required Between Substantially Similar Applications.
The City shall not accept any application that is substantially similar to an application that was denied six months prior.
C.
Appeal and Waiver of Restrictions.
1.
The Building Official’s determination that an application is substantially similar to a denied application is subject to administrative appeal (see Section 14.401, Appeals of Administrative Decisions).
2.
In the alternative to an appeal, the applicant may seek a waiver of the successive application rules from the City Council, which may grant the waiver for good cause shown.
(Ordinance 2015-30 adopted 10/30/15)
A.
Generally.
Applications for development approval must be diligently pursued by the applicant. Accordingly, this Section extinguishes applications that become stale due to inaction by the applicant.
B.
Expiration of Stale Applications.
1.
When an action by the applicant is required for further processing of an application (e.g., submittal of supplementary documentation), the application shall become void six months after the date that the action is requested if:
2.
When an action by the applicant is required for further processing of an application for preliminary plat approval, the application shall become void 30 days from receipt of the application if the application has remained dormant during that period where no activity has occurred toward the completion of the application where changes or corrections are required or where instruments or documents requested or required is not forthcoming within that period from the property owner or authorized agent.
3.
No refunds of application fees will be issued to applicants whose applications expire pursuant to this Section.
C.
Extension of Time.
The time for expiration of an application may be extended by up to six additional months upon written request of the applicant before the end of the period set out in subsection B., above.
D.
Effect of Expiration.
Applications that expire pursuant to this Section shall automatically become null and void, closed and discarded without further notice or activity by the City. Any application proposal for a lot, parcel or tract, regardless of the commonality with an expired application, will be treated as a new application, subject to requirements in effect at the time of the most recent submittal, and with new fees.
(Ordinance 2015-30 adopted 10/30/15)