City of Buda, TX Zoning Procedures

2.10.01 Applicability, Completeness, and Expiration.

Applicability. The following procedures shall apply to any zoning related plan or Application that is required by the City and is submitted in accordance with this UDC.

Determination of Completeness for Zoning-Related Applications. Every required Application shall be subject to a Determination of Completeness by the Responsible Official for processing the Application.

Acceptance Standard. The Application shall only be accepted by the Responsible Official for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this UDC.

Acceptance Procedures. A Determination of Completeness of an Application shall be conducted in accordance with the following procedures:

A Determination of Completeness shall be made by the Responsible Official not later than the tenth (10th) business day, unless otherwise specified, after the Official Vesting Date.

If the submitted Application is incomplete, the Applicant shall be notified in writing not later than the tenth (10th) business days after the Official Vesting Date.

Such notice shall be served by depositing it in the U.S. Postal Service, or by electronic mail transmission, before the tenth (10th) business day following submission of the Application.

ii.

The notification shall specify the documents or other information needed to complete the Application, and shall state the date the Application will expire (see D below) if the documents or other information are not provided to the City.

An Application shall be deemed complete on the eleventh (11th) business day after the Application has been received if notice is not served in accordance with D below.

If the Application is determined to be complete, the Application shall be processed as prescribed by this UDC.

Acceptance shall not Constitute Compliance. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Section.

Acceptance shall not Guarantee Approval. It is not guaranteed that an accepted, complete Application will be approved, if after the Application is deemed complete it is determined that the Application does not comply with this UDC.

Re-Submittal after Notification of Incompleteness.

If the Application is re-submitted after a notification of incompleteness within the time allotted in subsection D below, the Application shall be processed upon receipt of the re-submittal.

To the extent that the information or documents submitted are not sufficient to enable the Decision-Maker to apply the criteria for approval, the Application may be denied on such grounds.

Expiration of a Zoning-Related Application due to Incompleteness. Pursuant to Texas Local Government Code Chapter 245, a zoning-related Application shall automatically expire at the close of business on the forty-fifth (45th) calendar day after the Application’s Official Vesting Date, if:

The Applicant fails to provide documents or other information necessary to comply with the City’s technical requirements relating to the form and content of the permit Application; and

The City provides to the Applicant, not later than the tenth (10th) business day after the date the Application is filed, written notice that specifies the necessary documents or other information, and the date the Application will expire if the documents or other information is not provided; and

The Applicant fails to provide the specified documents or other information necessary to comply with the City’s requirements relating to the Application within the time provided in the notification.

Texas Local Government Code Chapter 245 does not apply to Zoning Amendment Applications. Chapter 245 of the Texas Local Government Code, as amended, shall not apply to a Zoning Amendment Application or an ordinance establishing zoning since neither is a permit under this UDC or Chapter 245.

Denial of Zoning Applications.

If any City official processes a zoning Application prior to the Application being determined complete, the Application shall then be deemed invalid and shall be grounds for denial or revocation of such Application.

A typographical error shall not constitute an incomplete Application.

The Applicant may be notified of such denial or revocation for an incomplete zoning Application in writing.

Vesting Begins on the Official Vesting Date. An Application shall be vested into the standards of the UDC in effect at the time of the Application’s Official Vesting Date.

Submission of Previously Decided Zoning Related Application. After the final decision on a specific Application by the Decision-Maker, the same Application shall not be submitted again until after six (6) months from the Decision-Maker’s action.

(Ordinance 2017-13 adopted 10/2/2017)

2.10.02 Zoning upon Annexation.

General.

Procedural Steps.

Proceedings to establish zoning may be undertaken concurrently with annexation procedures (i.e., notified at the same time, public hearings scheduled at the same time as annexation, etc.).

However, zoning approval and formal adoption of the ordinance establishing zoning must occur after annexation approval of the annexation ordinance have occurred, and as a separate and distinct action by the City Council.

Cases Where No Initial Zoning Action Occurs Concurrently with Annexation.

For any period of time following official annexation by the City until an initial zoning action has been officially adopted to zone the land, all zoning and development regulations of the Agricultural (AG) District shall be adhered to with respect to the development and use of the land.

Necessary Studies for Initial Zoning.

The City shall perform necessary studies to officially adopt a zoning district for the newly annexed land within one year from the effective date of the annexation ordinance.

This zoning shall be deemed the initial zoning of the newly annexed property.

Initial Zoning of Newly Annexed Land.

Within this one-year period, the City Council shall instruct the Planning and Zoning Commission and Director of Planning to study and make recommendations concerning the use of land within said annexation to promote the general welfare and to be in accordance with the Comprehensive Plan.

Upon receipt of such recommendations, the City Council shall, after public hearings as required by law, establish the initial district classification of said annexed property; provided, however, that this shall not be construed as preventing the City Council from holding public hearings prior to annexation and establishing the district classification at the time of said annexation.

Zoning Notice. The initial zoning of a land parcel, whether by initiation of the landowner or by initiation of the City, must meet the requirements for notification and public hearings as set forth in 2.10.04. Public Hearings and Notification Requirements and all other applicable State laws.

Within an Annexed Area Where No Initial Zoning Action has Occurred.

No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow the construction of a building or use permitted in the Agricultural (AG) District until the Initial Zoning of Newly Annexed Land has been approved by the City Council, except as provided in 2 below.

If plans and preparations for developing a property for a use other than those specified in the Agricultural (AG) District were already in progress prior to annexation of the property into the City, in accordance with 2.11.05. Zoning Vested Rights Petition, then the City Council may authorize construction of the project by a majority vote.

Application of this subsection is contingent upon the following:

The Applicant must be able to demonstrate that plans and other preparations for developing the property commenced prior to (i.e., were already in progress at the time of) annexation into the City.

ii.

Existing land uses shall be allowed to continue in conformance with the vesting provisions of Chapter 245 of the Texas Local Government Code and 2.11.05. Zoning Vested Rights Petition.

In its deliberations concerning authorization to proceed with construction of a project which meets the above criteria, the City Council shall take into consideration the appropriate land use for the area as shown on the City’s Future Land Use Plan.

Upon approval by the City Council, the Director of Planning shall notify the Building Official of such approval.

(Ordinance 2017-13 adopted 10/2/2017)

2.10.03 Zoning Text and Map Amendments.

Process Requirements.

Zoning Amendments Require City Council Approval. The City Council may, from time to time, amend, supplement or change by ordinance, the boundaries of the districts (i.e., Zoning Map Amendment (Rezoning)) or the regulations herein established (i.e., Zoning Text Amendment) as provided by the Statutes of the State of Texas.

Planning and Zoning Commission Recommendation Required for all Amendments. Before taking action on any proposed amendment the City Council shall submit the same to the Planning and Zoning Commission for its recommendation and report.

Petitions Submitted to the City Council.

Any person or corporation having a proprietary interest in any property may petition the City Council for a change or amendment to the zoning provisions of this UDC; or

The Planning and Zoning Commission may, on its own motion or on request from the City Council, study and propose zoning changes and amendments for the City Council’s consideration.

Two Types of Zoning Amendments.

Zoning Map Amendment (Rezoning). A Zoning Map Amendment (Rezoning) is a change or modification to the boundaries of any zoning district within the City’s Zoning Map.

Zoning Text Amendment. A Zoning Text Amendment is the change of the text within Section 2. Zoning Regulations and does not include change or modification to the boundaries of any zoning districts.

Rezoning within the Historic Overlay (O-H) District.

The Historic Preservation Commission shall review and provide a recommendation to the Planning and Zoning Commission and City Council for all Zoning Map Amendment (Rezoning) requests within the Historic Overlay (O-H) District. This recommendation by the Historic Preservation Commission does not require a public hearing.

See 2.10.10. Designation of and Development in Historic Overlay (O-H) District or of a Historic Landmark.

Planning and Zoning Commission Recommendation Requires Public Hearing.

The Planning and Zoning Commission shall hold a public hearing on any Application for any amendment or change prior to making its recommendation and report to the City Council.

In the case of a Zoning Map Amendment (Rezoning):

Written notice of all public hearings before the Planning and Zoning Commission on a proposed amendment or change shall be sent to all owners of real property within two hundred (200) feet of the property on which the change is requested.

Such notice shall be given not less than fifteen (15) calendar days before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved City tax roll or County tax roll for the area affected.

Consistency between a Zoning Map Amendment (Rezoning) and the Comprehensive Plan shall be required.

For selected zoning districts, each rezoning Application shall be accompanied by a Site Plan (see 2.10.07. B.1. Site Plan in association with a Specific Use Permit).

Sign Posting for a Zoning Map Amendment (Rezoning) Related to a Particular Property.

At least fifteen (15) calendar days prior to the public hearing by the Planning and Zoning Commission on a proposed amendment to the zoning map, the Applicant shall cause a sign, clearly visible to passersby, to be placed and maintained on such property.

The sign shall state that the property is the subject of a rezoning Application.

The Director of Planning shall furnish and post the sign on the property proposed to be rezoned.

The sign shall remain continuously posted on the property until the City Council has conducted its public hearing on the matter.

Effect of Posted Sign Maintenance. The continued maintenance of the sign due to theft, weather, or other cause shall not be a condition precedent to the holding of a public hearing, the adoption of any proposed zoning change, or any other official action concerning such zoning map amendment.

City Council Decision and Public Hearing Required.

A public hearing shall be held by the City Council before adopting any proposed amendment.

Notice of the time and place of the hearing must be published in a newspaper of general circulation in the City before the fifteenth (15th) calendar day before the date of the hearing.

Three-Fourths City Council Vote Required for Protested Amendments.

If a protest against a proposed amendment consistent with 2 below has been filed with the City Secretary at least twenty-four (24) hours including a regular City business day before the date of the public hearings, then amendments shall not become effective except by a three-fourths (3/4) vote of the governing body.

Two Types of Eligible Protesters:

Interior Protesters. The property owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area included within a proposed amendment boundary.

Exterior Protesters. The property owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area within a two hundred (200) foot radius of the exterior boundary of the area included in a proposed amendment.

Calculation Example. Assume that the 200’ buffer surrounding the area subject to rezoning includes 10 acres. If an individual owns 2 acres within the buffer, his/her protest would constitute twenty (20) percent.

Figure 49. Calculation for Exterior Protestors

Three-Fourths City Council Vote Required for Planning and Zoning Commission Denial. If the Planning and Zoning Commission has recommended denial of an Application for amendment, a three-fourths (3/4) vote of City Council is required to approve the Application.

(Ordinance 2017-13 adopted 10/2/2017)

2.10.04 Public Hearings and Notification Requirements.

Public Hearings. Public hearings shall be conducted for each review body per plan or Application type according to the following table.

Table 25. Review Bodies and Associated Public Hearings
Application Type	City Council	Planning and Zoning Commission	Board of Adjustment
Zoning Map Amendment (Rezoning)	Hearing	Hearing
Zoning Text Amendment	Hearing	Hearing
Planned Development (PD)	Hearing	Hearing
Specific Use Permit	Hearing	Hearing
Amortization of Nonconforming Uses			Hearing
Zoning Regulation Appeal			Hearing
Zoning Variance			Hearing
Zoning Special Exception			Hearing
Sign Regulation Administrative Appeal		Hearing
Sign Regulation Variance		Hearing
Sign Regulation Special Exception		Hearing

Public Notices. Public notices shall be required according to the following table.

Table 26. Required Public Notice
Application Type	Sign Notice	Published Notice	Written Notice	Posted Notice
Zoning Map Amendment (Rezoning)	Required (P&Z/City Council)	Required (City Council)	Required (P&Z)	Required (P&Z/City Council)
Zoning Text Amendment		Required (City Council)		Required (City Council)
Planned Development (PD)	Required (P&Z/City Council)	Required (City Council)	Required (P&Z)	Required (P&Z/City Council)
Specific Use Permit	Required (P&Z/City Council)	Required (City Council)	Required (P&Z)	Required (P&Z/City Council)
Amortization of Nonconforming Uses		Required (ZBA)	Required (ZBA)	Required (ZBA)
Zoning Regulation Appeal				Required (ZBA)
Zoning Variance			Required (ZBA)	Required (ZBA)
Zoning Special Exception			Required (ZBA)	Required (ZBA)
Sign Regulation Administrative Appeal				Required (P&Z)
Sign Regulation Variance			Required (P&Z)	Required (P&Z)
Sign Regulation Special Exception			Required (P&Z)	Required (P&Z)

Types of Notice.

Sign Notice Posted on Property.

The Director of Planning shall maintain an inventory of signs to fulfill the notification requirements listed in Table 26. Required Public Notice (on page 166).

The continued maintenance of the sign shall not be a condition precedent to the holding of a public hearing, the adoption of any proposed zoning change, or any other official action concerning such amendment.

Published Notice and Written Notice of Public Hearing for Zoning Changes Involving Real Property.

Published Notice. Notice of the public hearing to occur before the City Council shall be accomplished by publishing the purpose, date, time, and place of the public hearing in the official newspaper of the City before the fifteenth (15th) calendar day prior to the date of the public hearing.

Written Notice for Protest (also referred to as "Mailed Notice").

Before the fifteenth (15th) calendar day, written notice of the public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within two hundred (200) feet of the property on which the change in classification is proposed.

ii.

Said written notice shall be served by depositing the notice, postage paid, in the regular United States mail.

iii.

If written notice as required is not sent before the fifteenth (15th) calendar day prior to the date of the hearing, then the hearing must be delayed until this notice requirement is met.

iv.

Such notice shall include:

(a)

Legal description of the property and the street address or approximate location within the City.

(b)

Present zoning classification of the property and the zoning sought by the Applicant. If not a rezoning, then the nature or intent of the Application shall be described.

(c)

The date, time, and place of hearing.

(d)

The web site that contains the zoning map and information regarding the rezoning;

(e)

The phone number where questions may be answered; and

(f)

Other information as may be necessary to provide adequate and timely public notice.

Written Notice for Courtesy Interest.

It shall be the City’s policy to provide written notification to properties located beyond the required two hundred (200) foot notification area, but within four hundred (400) feet of the property on which the change in classification is proposed.

ii.

Property owners within the required two hundred (200) foot notification area will not receive a courtesy notice.

iii.

Property owners within the courtesy area may be heard during the public hearing; however, protests will not count as an toward the twenty (20) percent requirement noted in 2.10.03. H Three-Fourths City Council Vote Required for Protested Amendments.

iv.

Failure to notify property owners within this courtesy area will not preclude action on the zoning amendment.

"Published Notice" of Public Hearing for Zoning Changes Involving Regulation Text.

For requests involving proposed changes to the text of the zoning regulations, notice of the City Council public hearing shall be accomplished by publishing the purpose, date, time, and place of the public hearing in the official newspaper of the City before the fifteenth (15th) calendar day prior to the date of the public hearing.

Changes in the zoning text that do not change zoning district boundaries (i.e., that do not involve specific real property) do not require written notification to individual property owners.

Published Notice and Written Notice of an Appeal of a City Administrative or Interpretative Decision to the Board of Adjustment.

For an Appeal of a City Administrative or Interpretative Decision, the Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice by written notice in the mail addressed to all owners of real property located within two hundred (200) feet of the property on which the appeal is made, and by publication of notice of such hearing in the City’s official newspaper.

Both the mailed and published notice shall be given before the fifteenth (15th) calendar day prior to the date for the hearing.

At the hearing, any party may appear in person or by Attorney or by agent.

Additional Rules and Procedures Established.

The City Council may, at its option, establish additional rules and procedures for public notification of proposed zoning changes and development proposals (e.g., required plans, plats, etc.), which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the Applicant or its agent(s).

The City Council may, by policy enacted through a resolution, direct notice of a Zoning Map Amendment (Rezoning) beyond two hundred (200) feet. Failing to adhere to such notice does not constitute a procedural violation and does not alter the protest area.

Knowledge of and adherence to such rules and procedures, if so established by the City, shall be the responsibility of the Applicant and shall be required as part of a zoning change or development Application.

(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2022-16 adopted 6/21/2022)

2.10.05 Creation of a Building Site, Tract, or Lot.

No permit for the construction of a building or buildings or fence, wall, or sign upon any tract or plot shall be issued until the lot or tract is part of a plat of record, approved by the City and filed in the Plat Records of Hays County, Texas, and compliant with all development regulations.

(Ordinance 2017-13 adopted 10/2/2017)

2.10.06 Certificate of Occupancy.

Use. No building hereafter erected or structurally altered, shall be used, occupied or changed in use until a Certificate of Occupancy has been issued by the Building Official, stating that the building or proposed use of the building or premises complies with the building code, electrical code, plumbing code, and the provisions of these and all other development regulations.

Change in Use. A change in use shall be construed to mean any change in the primary occupancy or type of business.

(Ordinance 2017-13 adopted 10/2/2017)

2.10.07 Site Plans.

Purpose. The purpose of the Site Plan process is to establish a procedure for coordinating and verifying improvements to properties. Through Site Plan review, zoning standards and other applicable municipal standards or ordinances that may apply to specific site development can be uniformly implemented by the City for multiple-family and nonresidential development. This process is intended to promote, among other items, the efficient and harmonious use of land, safe and efficient vehicular and pedestrian circulation, parking and loading, lighting, screening, open space, and landscaping.

Site Plan Processing. Two different types Site Plans exist, related to SUPs (1 below) and Building Permits (2 below).

Site Plan in association with a Specific Use Permit An approved Site Plan is required as part of the Application for a Specific Use Permit.

Site Plan in association with a Building Permit Application. An approved Site Plan is required as part of or prior to the Application for a Building Permit for the following development types:

Nonresidential Development.

All nonresidential development within the City limits, except as provided in D below, require an approved Site Plan.

ii.

Parking lot development, reconstruction, or reconfiguration of more than twenty (20) spaces requires an approved Site Plan.

Residential Development. Residential buildings having more than four (4) dwelling units require an approved Site Plan.

Innovative Residential Development. All Innovative Residential Developments require an approved Site Plan (see 2.09.07.

Planned Development (PD). All Planned Development (PD) building permit Applications require an approved Site Plan (see 2.10.08.).

Effect. No Certificate of Occupancy shall be issued unless all construction and development conform to the Site Plan as approved by the City.

Approval Process.

Site Plan in association with a Specific Use Permit. The approval of a Site Plan related to a rezoning Application requires the following:

Review by the Director of Planning,

A recommended action by Planning and Zoning Commission for the City Council’s consideration, and

Approval by the City Council.

Site Plan in association with a Building Permit Application. The approval of a Site Plan related to a Building Permit or construction/development Application requires approval by the Director of Planning. The Director of Planning shall be responsible for ensuring that appropriate internal administrative review has occurred (i.e., Fire Marshal, Building Official, etc.).

Site Plan Process Overview. The purpose of the Site Plan process is to:

Ensure compliance with adopted City development regulations and other applicable regulations that apply to the property for which the City has enforcement responsibility;

Promote safe, efficient and harmonious use of land through application of City-adopted design standards and guidelines;

Promote the vision established by the Comprehensive Plan;

Ensure adequate public facilities to serve development;

Coordinate and document the design of public and private improvements to be constructed;

Prevent or mitigate adverse development impacts, including overcrowding and congestion;

Aid evaluation and coordination of land subdivision, including the granting of easements, Right-of-Way, development agreements and provision of surety;

Identify and address environmental concerns (floodplain, drainage, trees, topography, etc.); and

Promote the public health, safety and welfare.

Exempted Development Types. The following types of development are exempted from the requirements of this 2.10.07. Site Plans:

Agricultural buildings;

Residential dwellings with four (4) or fewer units; and

A Temporary Building as permitted by 2.06.05. Use Chart.

Submission of Site Plan Applications.

Coordinating Official. Applications for approval of plans required by this 2.10.07. Site Plans must be submitted to the Director of Planning.

Calendar of Official Processing Dates. A calendar of official processing dates for items requiring Director of Planning review, Planning and Zoning Commission recommendation, and City Council approval pursuant to this 2.10.07. Site Plans shall be published by the City thirty (30) calendar days prior to the beginning of each calendar year.

Late Application Processing Date. All Applications required by this 2.10.07. Site Plans filed on a date other than an official processing date shall be processed according to the schedule established by the subsequent official processing date appearing on the calendar after the filing date and after the date of receipt of the Application.

Other Regulations for Applications. Applications are also governed by 2.10.01. Applicability, Completeness, and Expiration.

Fees, Forms, and Procedures.

Schedule of Fees. The fees relating to the Site Plan approval process shall be established by the Fee Schedule.

Delinquent Taxes and Noncompliance. No Site Plan shall be approved for properties with delinquent City taxes or other noncompliance issues.

Procedures, Forms, and Standards. The Director of Planning shall establish procedures, forms, and standards with regard to the content, format and number of copies of information constituting an Application for a Site Plan.

Site Plan Application Procedure and Requirements.

Site Plan Pre-Application.

Before preparing a Site Plan, the Applicant may meet with the Director of Planning to allow the Applicant to learn the general procedures for approval and to review the concept of the proposed development, if desired by Applicant. See Subsection 1.04. Pre-Application Meeting.

No Application for a permit may be submitted to or accepted for filing with the Director of Planning during the meeting.

Site Plan General Application. The property owner or authorized agent shall file an Application for the approval of a Site Plan. This Application shall include the information listed on the Site Plan Application Form and Checklist, which shall be created and maintained by the Director of Planning.

Site Plan Additional Requirements. The following plans shall be submitted with a Site Plan Application and approval is necessary prior to final authorization for development:

Final Plat or Replat,

Construction Plans,

Traffic Impact Analysis, if applicable,

Tree Removal Permit and Tree Preservation Plan, if applicable,

Landscape plans,

Flood Study, if required, or

Other approvals as required by City, State, or Federal codes or laws.

Site Plan Standards of Approval. The City Council or Director of Planning, using the review and approval process outlined in B.1 and B.2 above, may approve, conditionally approve, table, or deny a Site Plan based upon the criteria listed below.

Compliance with the UDC Zoning Regulations and other applicable regulations and previously approved, valid plans for the property.

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely arranged.

The width, grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary, and to complement the design and location of buildings and be integrated into the overall site design.

The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

Protection and conservation of soils from erosion by wind or water or from excavation or grading.

Protection and conservation of water courses and areas subject to flooding.

The adequacy of streets, water, drainage, wastewater, storm water facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.

The design of adjacent public street improvements and Right-of-Way including existing or proposed deceleration lanes, median openings and left turn bays, location of driveways, drive aisles, cross access between internal developments, and access to properties adjacent to the subject site.

The City shall not take action on a Site Plan for property where City taxes are delinquent.

Site Plan Effect.

Approval of a Site Plan is the City’s authorization to apply for approval of a Building Permit and to receive approval of Construction Plans.

During the time the Site Plan remains valid, the City shall not apply any additional requirements concerning building placement, streets, drives, parking, landscaping or screening.

Site Plan approval is separate and distinct from other permits and approvals that may be required by the City and other regulatory agencies.

Approval of a Site Plan shall not affect other applicable regulations concerning development and land use.

Except where authorized by ordinance or development agreement, a Site Plan shall not be used to approve a Zoning Variance to development regulations.

Site Plan Lapse.

Two (2) Year Effective Period.

The approval of a Site Plan shall be effective for a period of two (2) years from the date of filing of the Application with the Director of Planning. At the end of this time, the Site Plan shall expire unless the Applicant demonstrates to the Director of Planning that progress has been made towards completion of the project for which the Site Plan was approved.

ii.

Submission and receipt of approval of Construction Plans and Building Permits prior to expiration of the Site Plan shall be evidence of progress towards completion.

iii.

However, if Construction Plans and Building Permits have been approved only for a portion of the property or if the progress towards completion is only for a portion of the property or improvements, the Site Plan for the remaining property or improvements shall expire unless otherwise agreed to in a development agreement.

Expired Site Plans.

For all expired Site Plans, the Applicant shall be required to submit a new Site Plan subject to the then existing regulations (see G above).

ii.

Site Plan approval shall expire upon completion of the improvements shown on the plan. Permits must remain valid during the construction process.

iii.

Subsequent additional development, site modifications and redevelopment shall be permitted in accordance with I below and shall be considered a new project subject to the then existing ordinances, laws and regulations of the City.

Revocation of Site Plan Approval. The City may revoke approval of a Site Plan if it determines that the conditions of the approval have not been met or if the plan contains, or is based upon, incorrect information or if it is determined that it was obtained using fraud or deceit.

Additional Development, Site Modifications, or Redevelopment. Following the completion of improvements shown on an approved Site Plan, additional development, site modifications, or redevelopment of the site shall be permitted subject to the approval of a revised Site Plan, which shall be considered a new project and shall require submittal of a revised Site Plan and the approval of the City Council under the regulations, requirements and procedures then in effect.

Design Standards and Specifications. The following design standards and specifications, as they exist or may be amended, are required in addition to the design standards and specification set forth in this UDC:

Zoning Regulations;

Subdivision Regulations;

Fire Code;

Engineering Criteria Manual;

Any design standards and specifications approved by the City Council following the enactment of this provision; and

Building Code.

Three-Fourths City Council Vote Required for Planning and Zoning Commission Denial. If the Planning and Zoning Commission has recommended denial of a Site Plan for a Specific Use Permit, a three-fourths (3/4) vote of City Council is required to approve the Application.

(Ordinance 2017-13 adopted 10/2/2017)

2.10.08 Planned Development (PD) Regulations and Procedures.

General.

Planned Development (PD) Establishment. An Application for a Planned Development (PD) zoning district shall be made to the Planning and Zoning Commission and City Council in the same manner that an Application for any Zoning Map Amendment (Rezoning) is made.

Submission of PD Related Plats and Site Plans. The subsequent Applications for Plats and Site Plans within an established Planned Development (PD) shall be reviewed and approved separately and independently in accordance with established procedures.

Area Requirement for a Planned Development (PD).

Minimum of two (2) contiguous acres.

May be less than two (2) acres when carrying out the recommendations of the Comprehensive Plan, as determined by City Council and affirmed in the Planned Development (PD) documents.

Planned Development (PD) Submission Requirements.

The Developer or builder of a PD shall follow a five (5) step procedure:

Step 1. Pre-Application Meeting.

Step 2. PD Application for Rezoning and Planned Development Master Plan.

Step 3. Preliminary Plat, (if applicable).

Step 4. Final Plat (if applicable).

Step 5. Site Plan.

Approvals Needed before Proceeding.

Each step must be completed and approved before the following step is reviewed.

Where appropriate, other methods authorized in the Subdivision Regulations and Development Standards may be substituted in Step 3. Preliminary Plat and Step 4. Final Plat (e.g., an Amending Plat or Minor Plat).

The Planning and Zoning Commission and City Council may, however, review more than one step at the same public hearing.

Public Hearings (Rezonings and Plats).

Public hearings shall be held on the Zoning Map Amendment (Rezoning) Application and the Planned Development Master Plan in accordance with regular procedures for zoning Applications.

Public hearings on required Plats shall be held in accordance with regular procedures established in the Subdivision Regulations and Development Standards.

Planned Development (PD) Steps for Creation and Development.

Step 1. Pre-Application Meeting.

The intent of this step is to expedite and facilitate the approval of a Planned Development Master Plan.

At least ten (10) business days prior to submission of an Application for Zoning Map Amendment (Rezoning) to a Planned Development (PD), the Applicant shall submit to the Director of Planning a Sketch Plan drawn to approximate scale showing streets, lots, public areas, and other significant features. The Applicant shall execute an acknowledgement that the Pre-Application Meeting does not initiate a vested right.

The Applicant should discuss with the Director of Planning the procedure for adopting a Planned Development (PD) and the requirements for the general layout of streets and utilities, access to Arterials, or general design and narrative, the availability of existing services, and similar matters.

The Director of Planning shall also advise the Applicant, where appropriate, to discuss the proposed Planned Development (PD) with those officials charged with responsibility to review the various aspects of the proposal coming within their jurisdiction.

Step 2. PD Application for Rezoning and Planned Development Master Plan.

Procedures and Requirements.

The PD Zoning Map Amendment (Rezoning) Application shall be filed in accordance with regular procedures and on Application forms of the City.

ii.

The Planned Development Master Plan, which is submitted with the Application for rezoning, shall consist of two components:

(a)

PD Design Statement and

(b)

PD Concept Design Map.

iii.

The Applicant shall also provide other supporting maps as necessary to meet the submission requirements of this UDC.

PD Design Statement. The PD Design Statement shall be a written report containing a minimum of the following elements:

Title of PD;

ii.

List of the owners or Developers;

iii.

Statement of the general location and relationship to adjoining land uses, both existing and proposed;

iv.

Description of the PD concept, including an acreage or square foot breakdown of land use areas and densities proposed, a general description proposed, a general description of building use types, proposed restrictions, and typical site layouts;

The existing PD zoning districts in the development area and surrounding it;

vi.

Selection of one conventional zoning district as a base zoning district to regulate all uses and development regulations not identified as being modified (multiple base zoning districts may be selected to accommodate a mixture of land uses in different geographic areas);

vii.

A list of all applicable special development regulations or modified regulations to the base zoning district; plus a list of requested Subdivision Waivers to the Subdivision Regulations and Development Standards or other applicable development regulations;

viii.

A statement identifying the existing and proposed streets, including Right-of-Way standards and street design concepts;

ix.

The following physical characteristics: elevation, slope analysis, soil characteristics, tree cover, and drainage information;

A topographic map with minimum five (5) foot contour intervals;

xi.

Drainage information, including number of acres in the drainage area and delineation of applicable flood levels;

xii.

A statement of utility lines and services to be installed, including lines to be dedicated to the City and which will remain private;

xiii.

The proposed densities, and the use types and sizes of structures;

xiv.

A description of the proposed sequence of development; and

xv.

Any additional materials or information deemed necessary by the City to further the purpose of the PD.

PD Concept Design Map.

The PD Concept Design Map shall be a graphic representation of the development plan for the area of a Planned Development (PD).

ii.

The Director of Planning shall establish an Application form outlining all requirements of the PD Concept Design Map and shall be responsible for maintaining and revising the Application form.

Approval of the Planned Development Master Plan.

Upon final approval by the City Council of the Planned Development Master Plan and the appropriate ordinance of rezoning, these elements shall become a part of the Zoning District Map.

ii.

The ordinance of rezoning shall adopt the Planned Development Master Plan by reference, and it shall be attached to said ordinance and become a part of the official records of the City.

Expiration of Planned Development Master Plan.

If, after two (2) years from the date of approval of a Planned Development Master Plan, no substantial development progress has been made within the Planned Development (PD), then the Planned Development Master Plan shall expire unless otherwise agreed to by development agreement.

ii.

If a Planned Development Master Plan expires, a new Planned Development Master Plan must be submitted and approved according to the procedures within this section.

(a)

An extension to the two (2) year expiration shall be granted if a development Application for the Planned Development (PD) has been submitted and is undergoing the development review process or if the Director of Planning determines development progress is occurring.

Use and Development of the Property. After adopted by City Council, the Planned Development Master Plan shall control the use and development of the property, and all building permits and development requests shall be in accordance with the plan until it is amended by the City Council.

Step 3. Preliminary Plat.

If subdivision of land is to occur, then after City Council approval of the Zoning Map Amendment (Rezoning) with the associated Planned Development Master Plan, the Developer shall prepare a Preliminary Plat for the entire development area.

Where a recorded Plat exists and where there will be no extensive easements, no Homeowners’ or Property Owners’ Associations, no plat restrictions, and no sale of lots that do not conform to the platted lot lines, the City Council may waive the platting requirement.

Step 4. Final Plat.

Where a subdivision Plat is required, the Developer shall prepare a Final Plat for review, approval, and filing of record according to procedures established by the City Council. In addition to these procedures, the Final Plat shall include:

Provisions for the ownership and maintenance of common open space and detention/retention ponds. Said open space shall be dedicated to a private association or dedicated to the public provided that a dedication to the public shall not be accepted without the approval of the City Council.

ii.

A Homeowners’ or Property Owners’ Association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including private street drives, fire lanes, service and parking areas, and recreation areas.

If no Plat is required, then proof of the items identified in subparagraphs a.i and a.ii above shall be submitted and approved as a part of the Planned Development Master Plan at the time the Zoning Map Amendment (Rezoning).

Step 5. Site Plan.

A Site Plan shall be submitted upon the Application for a Building Permit and reviewed in accordance with procedures established in 2.10.07. Site Plans.

Planned Development (PD) Modifications.

Minor PD Amendment and Adjustment. The Director of Planning may approve or defer to City Council consideration of a Minor PD Amendment and Adjustment to the Planned Development Master Plan provided all of the following conditions are satisfied:

The project boundaries are not altered.

Uses other than those specifically approved in the Planned Development Master Plan are not added. Uses may be deleted but not to the extent that the character of the project is substantially altered from the character described within the PD Design Statement.

The allocation of land to particular uses or the relationship of uses within the project are not substantially altered.

The density of housing is not increased more than ten (10) percent or decreased by more than thirty (30) percent.

The land area allocated to nonresidential uses is not increased or decreased by more than ten (10) percent.

Floor Area, if prescribed, is not increased or decreased by more than ten (10) percent.

Floor Area ratios, if prescribed, are not increased.

Open space ratios, if prescribed, are not decreased.

Director of Planning Approval.

The Director of Planning shall determine if proposed amendments to an approved Planned Development Master Plan satisfy the above criteria.

If the Director of Planning finds that these criteria are not satisfied, an amended Planned Development Master Plan shall be submitted for full review and approval according to the procedures set forth in these regulations.

Reversion.

Property Owner Request.

If the property owner decides to abandon the PD concept and nullify the Planned Development Master Plan, he/she shall make application for rezoning either to the original status or to a new classification.

Said Application shall be heard according to regular rezoning procedures by the Planning and Zoning Commission and City Council.

(Ordinance 2017-13 adopted 10/2/2017)

2.10.09 Specific Use Permit (SUP) Regulations and Procedures.

General. The uses listed under the various districts within the Use Chart as "S" or Specific Use Permit (SUP) are so classified because they may have adverse effects or more intensely dominate the area in which they are located than do other uses permitted in the district.

Specific Use Permit (SUP) Application Process.

Procedures for Processing an SUP.

The Director of Planning shall initiate review of the SUP.

Planning and Zoning Commission shall review and recommend approval, approval with conditions, or denial of the SUP to the City Council.

After receiving recommendation from Planning and Zoning Commission, City Council shall approve, approve with conditions, or deny the SUP. Although the approval of the SUP does not change the zoning classification.

Both Planning and Zoning Commission and City Council shall provide the required public hearing and notice in accordance with 2.10.04. Public Hearings and Notification Requirements.

Compatibility Conditions.

The Planning and Zoning Commission and City Council may require conditions and safeguards as necessary to protect adjoining property.

A use allowed by an SUP shall be in general conformance with the Comprehensive Plan and contain such requirements and safeguards as are necessary to protect adjoining property.

Required Information.

Each Application shall be accompanied by a Site Plan (see 2.10.07. Site Plans) and such other information as is required by this UDC.

The Planning and Zoning Commission or City Council may require additional information, operating data and expert evaluation concerning the location and function and characteristics of any building or use proposed.

Specific Use Permit Regulations.

In recommending that an SUP for the premises under consideration to be granted, the City Council shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall consider the following factors:

Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site;

Adequate means of ingress and egress to public streets or approved access easements and appropriate paving widths of streets, alleys and sidewalks to accommodate traffic generated by the proposed use;

Provisions for drainage;

Adequate off-street parking and loading;

Safety from fire hazard and measures for fire control;

Protection against negative effects of noise, glare and lighting on the character of the neighborhood, protective screening and open space;

Heights of structures; and

Compatibility of buildings and such other measures as will secure and protect the public health, safety, and general welfare.

In granting an SUP, the City Council may impose conditions and time limits which shall be complied with by the owner or grantee before a Certificate of Occupancy may be issued by the Building Official for use of the building on such property pursuant to such SUP, and such conditions are precedent to granting of the Certificate of Occupancy.

Acceptance and Agreed Compliance by the Applicant, Owner, and Grantee. No SUP shall be granted unless the Applicant of the SUP shall be willing to accept and agree to be bound by and comply with the ordinance adopting the SUP, as well as the attached Site Plan drawings approved by the City Council and shall comply with the minimum requirements provided in the zoning district in which the property is located.

Specific Use Permit Expiration and Extension.

SUP Expiration.

A SUP shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the SUP.

Specific Use Permit Extension.

The City Council may authorizes an extension beyond the six (6) months upon recommendation by the Director of Planning.

Amendments Required for Changes. No building, premise, or land used under an SUP may be enlarged, modified, structurally altered, or otherwise significantly changed, unless an amendment to the approved SUP is granted for such enlargement, modifications, structural alteration, or change.

Prohibition of Board of Adjustment Action. The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such SUP.

(Ordinance 2017-13 adopted 10/2/2017)

2.10.10 Designation of and Development in Historic Overlay (O-H) District or of a Historic Landmark for Parking Requirements.

Applicability. This section applies to all properties and development designated or that may be designated in the future as a historic landmark or located within a Historic Overlay (O-H) District.

Authority. This section is authorized through:

Chapter 211 of Texas Local Government Code, which authorizes zoning functions and procedures for municipalities;

Section 211.003(b) of Texas Local Government Code, which provides that in the case of designated places and areas of historical, cultural, or architectural importance and significance, the governing body of a municipality may regulate the construction, reconstruction, alteration, or razing of buildings and other structures;

Section 211.005(a) of Texas Local Government Code, which authorizes the governing body of a municipality to divide the municipality into districts, within which the governing body may regulate the erection, construction, reconstruction, alteration, repair, or use of buildings, other structures, or land and within which zoning regulation must be uniform for each class or kind of building in a district; however, zoning regulations may vary from district to district;

Section 214.00111 of Texas Local Government Code provides additional authority to preserve substandard buildings as historic property which applies only to a municipality that is designated as a Certified Local Government by the State Historic Preservation Officer as provided by 16 U.S.C.A. Section 470 et seq.

Purpose and Intent. As a matter of public policy, the protection, enhancement and perpetuation of landmarks and districts of historical and cultural importance and significance is necessary to promote the economic, cultural, educational, and general welfare of the public. This section is intended to:

Protect and enhance the landmarks and districts which represent distinctive elements of Buda’s historic, architectural and cultural heritage;

Foster civic pride in the accomplishments of the past;

Protect and enhance Buda’s attractiveness to visitors and the support and stimulus to the economy thereby provided;

Ensure the harmonious, orderly, and efficient growth and development of the City that is sensitive to its historic resources;

Promote economic prosperity and welfare of the community by encouraging the most appropriate use of historic properties within the City;

Encourage stabilization, restoration and improvements of such properties and their values by offering incentives for rehabilitation.

Criteria for Designation of Historic Landmarks or Historic Overlay (O-H) District.

An individual Landmark may designated if it is at least fifty (50) years old and it substantially complies with two or more of the following:

Listed as Recorded Texas Historic Landmarks (RTHL), State Archeological Landmark (SAL) or listed on the National Register of Historic Places (NR)

Possesses significance in history, architecture, archeology and culture;

Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history;

Is associated with events that have made a significant impact in our past;

Represents the work of a master designer, builder or craftsman;

Embodies the distinctive characteristics of a type, period or method of construction;

Represents an established and familiar visual feature of the City;

A District may be designated if it substantially complies with both of the following:

Contains properties and an environmental setting which meet two or more of the criteria for designation of a landmark, and;

Constitutes a distinct section of the City.

Designation of Historic Landmarks and Districts.

The procedure for designating a Historic Landmark or to establish or amend a Historic Overlay (O-H) District may be initiated by the City (City Council, City Staff or the Historic Preservation Commission), or by the individual property owner(s). If the property is owned by an organization that qualifies as a religious organization under Section 11.20, Tax Code, the City may only designate the property as a local historic landmark or include the property in a local historic district if the organization consents to the designation or inclusion. An application for Determination of Significance shall be made on forms as prescribed by the City and shall be filed with the Historic Preservation Officer. Buildings, structures, sites or areas located within the City which substantially complies with the criteria found in subsection D above may be recommended to the City Council as Landmarks or Districts by the Historic Preservation Commission. The application shall contain:

Name, address, telephone number of applicant, and physical address of the individual property; or the name, address, telephone number of applicant, and a signed petition of at least twenty (20) percent of the proposed area;

Site plan of the individual property or map indicated the geographic boundaries of the proposed area showing all affected buildings and/or structures;

Detailed historic description and background on the property or area;

Current photographs of the overall property or area along with any historical photographs, if available;

Any other information which the City may deem necessary.

Interim Control during Historic District or Historic Landmark Consideration. An individual property or area that is under review for designation as a Historic Landmark or within an area proposed for designation to the Historic Overlay (O-H) District shall be protected by and subject to all of the provisions of this Section governing demolition, minimum maintenance standards and penalties until a final decision becomes effective. However, alterations, removal, or demolition is authorized by formal action of the Director of Planning as necessary for preservation of the public health, welfare, or safety as provided for in this Code.

Procedure for Designation or Amendment of Historic Overlay (O-H) Districts. The procedure for the designation of a historic district in the City is as follows:

Historic Preservation Commission Public Hearing and Recommendation.

The Historic Preservation Commission shall hold a public hearing to consider the Historic Overlay (O-H) District or Historic Landmark designation. At the hearing, owners, interested parties and experts may testify and present documents for or against such designation, which will become part of the record of the proposed historic district. The burden of proof shall be upon the applicant.

ii.

The Historic Preservation Commission may recommend the designation of a Historic Overlay (O-H) District or Historic Landmark designation if the Criteria for Designation of Historic Landmarks or Historic Overlay (O-H) District as described in D above are satisfied.

iii.

The recommendation of the Historic Preservation Commission regarding the proposed Historic Overlay (O-H) District or Historic Landmark designation shall be forwarded to the Planning and Zoning Commission within forty-five (45) days of the date of the public hearing. Denials may be appealed directly to City Council in accordance with Section d below.

Planning and Zoning Commission Public Hearing and Recommendation. The Planning and Zoning Commission shall conduct a public hearing on the proposed Historic Overlay (O-H) District or Historic Landmark designation within forty-five (45) days of receipt of the recommendation of the Historic Preservation Commission. The Planning and Zoning Commission shall review the application to ensure that the recommended designation will not pose a conflict with the underlying land use zoning and shall forward its recommendation to City Council within forty-five (45) days of its hearing.

City Council Public Hearing and Decision.

The City Council shall schedule a public hearing on the joint recommendation from the Historic Preservation Commission and the Planning and Zoning Commission within forty-five (45) days of its receipt of the recommendation. Significance shall be considered only on the record made before the Historic Preservation Commission and the Planning and Zoning Commission.

ii.

Upon the designation of a Historic Overlay (O-H) District or Historic Landmark, the City Council shall cause the designation to be recorded in the official public records of real property in Hays County, the tax records of the City, and the Hays County Appraisal District as well as the official zoning map of the City.

iii.

Upon the designation of a building, site or structure as a Historic Landmark or Historic Overlay (O-H) District, the Historic Preservation Commission shall provide for a suitable sign or marker on or near the property, at the applicant’s expense, indicating that the property is so designated.

The applicant or any persons adversely affected by any determination of the Historic Preservation Commission may appeal the decision to City Council. Appeal requests shall be on forms as prescribed by the City and shall be filed with the Historic Preservation Officer within seven (7) days of the Historic Preservation Commission’s decision and scheduled for the next available regularly scheduled City Council meeting. The City Council shall conduct a public hearing. Appeals to the City Council shall be considered only on the record made before the Historic Preservation Commission, and may only allege that the Historic Preservation Commission’s decision was arbitrary, capricious or illegal. The burden of proof shall be upon the applicant or any persons that requested the appeal.

Amending or Rescinding of Historic Designation. A landmark or district designated as historic may be amended or rescinded in the same manner and process as the original designation was made, with the following modifications to process and criteria for recension of a designation:

Any reconsideration of a previous listing or evaluation shall employ or examine the designation criteria set forth in D above;

The Historic Preservation Commission shall not take final action on such recension without first hearing the recommendation of the Historic Preservation Officer on the proposed reevaluation and also giving fifteen (15) days prior notice to the owner of the subject property under consideration of the possible change and the date of the Historic Preservation Commission meeting when the members will consider the proposed recension.

The Historic Preservation Commission may take into account the state of repair of the site in such reevaluation. Further, the Historic Preservation Commission may consider the extent of the owner’s utilization of external financial resources or exemptions towards financing the rehabilitation or maintenance of the subject property.

Notification Requirements for Public Hearings Regarding Designation of Historic Landmarks and Districts.

Published Notice. Notice of all public hearings required herein must be published before the fifteenth (15th) day before the public hearing in accordance with 2.10.04. C.2.a Published Notice.

Written Notice. Written notice of all public hearings required herein must be mailed to property owners within two hundred (200) feet of the proposed historic district area or historic landmark before the fifteenth (15th) day before the public hearing in accordance with 2.10.04. C.2.b Written Notice for Protest (also referred to as "Mailed Notice").

Minimum Maintenance Standards. No owner or person with an interest in real property designated as a Historic Landmark or a property located within a Historic Overlay (O-H) District shall permit the property to fall into a serious state of disrepair so as to result in the significant deterioration of any exterior architectural feature which would, in the judgment of the Historic Preservation Commission, create a detrimental effect upon the historic character of the Historic Landmark or Historic Overlay (O-H) District. Examples of serious disrepair or significant deterioration include:

Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing or buckling;

Deterioration of external chimneys that causes leaning, sagging, splitting, listing or buckling;

Deterioration or crumbling of exterior plaster finishes, surfaces or mortars;

Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors;

Defective protection of lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering;

Rotting, holes, and other forms of material decay;

Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination;

Deterioration that has a detrimental effect upon the special character of the Historic Overlay (O-H) District as a whole or the unique attributes and character of the contributing structure;

Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.

Procedure to Mitigate Demolition by Neglect. Demolition by Neglect refers to the gradual deterioration of a property when routine or minimum maintenance is not performed. The Historic Preservation Officer and various City departments work together in an effort to reduce Demolition by Neglect involving Landmarks or properties located within Districts within the City. A Demolition by Neglect citation as determined by the Historic Preservation Commission may be issued against the owner of the property for failure to comply with the minimum maintenance standards (F above) by permitting the subject property to exhibit serious disrepair or significant deterioration as outlined in this Section.

Due to the time consuming nature of pursuing enforcement under this section, no more than one property will be under consideration during each of the following quarters (January-March, April-June, July-September, and October-December).

While the Historic Preservation Officer will act as the point of contact, appropriate City staff shall, when needed, assist with inspections.

The procedure for citing a property for Demolition by Neglect shall be as follows:

Initial identification is made by visual inspection of the area by the Historic Preservation Officer or a Historic Preservation Commission member or by referral from someone in the area. All referrals shall be made in writing and shall be submitted to the Historic Preservation Officer.

Once the initial identification is made, followed by a preliminary determination by the Historic Preservation Officer, the property owner shall be notified by US mail of the defects of the building and informed of various incentive programs that may be available for repair. The owner is given thirty (30) days in which to respond to the preliminary determination by submitting a stabilization proposal to Historic Preservation Officer. The stabilization proposal will be presented to the Historic Preservation Commission at the next available meeting. If the Historic Preservation Commission approves the proposal, a Certificate of Appropriateness (if necessary) may be issued administratively by the Historic Preservation Officer. The approval will detail the specific work which is necessary to correct the Demolition by Neglect conditions, as well as a time period to begin and complete the work. The Historic Preservation Officer shall update the Historic Preservation Commission on the status of the property every thirty (30) days once work begins on the property.

If the property owner receives the letter regarding the preliminary determination, but fails to respond, a second notice shall be sent in the same manner as described above.

If the property owner fails to receive and/or respond to the letter regarding the preliminary determination after two (2) attempts, the matter returns to the Historic Preservation Commission for a citation hearing. The Historic Preservation Officer shall send a third notice via certified mail informing the owner of the hearing, the property is posted with a notice of the violation in accordance with the provisions of this Section, and a public hearing on the citation is scheduled.

At the public hearing the owner is invited to address the Historic Preservation Commission concerns and to show cause why a citation should not be issued. The Historic Preservation Commission may take action to approve any proposed work, defer the matter to give the owner more time either to correct the deficiencies or make a proposal for stabilization, or issue a citation to the owner of the property for failure to correct the Demolition by Neglect conditions.

If the owner is cited for the condition of Demolition by Neglect of the property, he is given fourteen (14) days to submit a stabilization proposal to the Historic Preservation Officer, and at the discretion of the Historic Preservation Commission, up to one (1) year to correct the defects. The Historic Preservation Officer shall update the Historic Preservation Commission on the status of the property every thirty (30) days once work begins on the property.

If the owner does respond with a stabilization proposal, the matter is turned over to the City Attorney’s office for action in Municipal Court.

Ordinary Maintenance.

Nothing in this Section shall be construed to prevent the Ordinary Maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, or outward appearance that require the issuance of a building permit. In-kind repair/replacement and repainting is included in this definition of Ordinary Maintenance unless painting involves an exterior masonry surface that was not previously painted.

Emergency maintenance and temporary repair may be authorized by the City, provided said maintenance does not permanently alter the unique features of the historic landmark or district in which it is located, and that, within thirty (30) days, the owner of record applies for the appropriate permits, including the Certificate of Appropriateness, to make permanent repairs.

Certificates of Appropriateness for Alterations or New Construction Affecting Landmarks or Historic Districts. No person shall carry out any construction, reconstruction, alteration, restoration, rehabilitation, or relocation of any Landmark or any property within a District. No person shall make any material change in the light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements visible from a public right-of-way which affect the appearance and cohesiveness of any Landmark or any property within a District without a Certificate of Appropriateness application. Exterior temporary items obscuring the facade from the right-of-way shall not exempt a person from this provision. The application must be reviewed and approved by the Historic Preservation Officer or the Historic Preservation Commission prior to the issuance of any building permit involving any Landmark or property located within a District. The application shall be required in addition to, and not in lieu of, any required building permit.

Review Criteria for Certificates of Appropriateness for Alterations or New Construction Affecting Landmarks or Historic Districts.

In considering an application for a Certificate of Appropriateness, the Historic Preservation Officer and the Historic Preservation Commission shall review it for compliance with The Secretary of the Interior’s Standards for Rehabilitation and any applicable adopted Design Guidelines previously ratified by the City Council.

All review criteria shall be made available to the applicant, property owners of Landmarks and properties located within Districts. The Historic Preservation Commission shall promulgate and make recommendations to update the adopted Design Guidelines as necessary, provided that the changes do not pose a conflict with underlying land-use zoning and the changes do not take effect until ratified by the City Council.

Procedure for Certificates of Appropriateness for Alterations or New Construction Affecting Landmarks or Historic Districts. The procedure for obtaining a Certificate of Appropriateness may be initiated by the City for all City-owned Landmarks or proposed work within a District, or by the individual property owner(s) of the subject Landmark or for a property located within a District. The application must be submitted, reviewed and approved by the Historic Preservation Officer or the Historic Preservation Commission prior to the commencement of any work. An application for Certificate of Appropriateness shall be made on forms as prescribed by the City. Historic Preservation Commission design review affecting Landmarks and properties located in Districts shall occur as follows:

Upon receipt of a completed Certificate of Appropriateness application as determined by the Historic Preservation Officer, the Historic Preservation Officer shall review the application to determine completeness and for a preliminary determination of compliance with the Secretary of the Interior Standards for Rehabilitation and any applicable adopted Design Guidelines. The applicant is encouraged to schedule a meeting with the Historic Preservation Officer prior to the submittal of an application to discuss the proposed work and get initial design direction.

Following determination of completeness and a preliminary determination of compliance, the Historic Preservation Officer shall determine if the case can be reviewed administratively (in accordance with L below) or shall schedule a public hearing and consideration at the next available regularly scheduled Historic Preservation Commission meeting. All review criteria and the formal written report to the Historic Preservation Officer shall be made available to the applicant prior to consideration.

The Historic Preservation Commission shall review the application at a public meeting. At that time, the applicant shall have an opportunity to be heard, present testimony and evidence to demonstrate that the proposed work is in compliance with the Secretary of the Interior Standards for Rehabilitation and any adopted Design Guidelines. Other interested parties and technical experts may also present testimony or documentary evidence which will become part of a record. The burden of proof shall be upon the applicant.

The Historic Preservation Commission may take action to approve, postpone requesting additional information, or deny the application. If the Historic Preservation Commission has not taken action to approve or deny the application within ninety (90) days of the original application being determined complete by the Historic Preservation Officer, a Certificate of Appropriateness shall be deemed issued and the Historic Preservation Officer shall so advise the applicant in writing.

If approved, the Historic Preservation Officer shall issue a Certificate of Appropriateness to the applicant with the written findings of fact, conclusions of law and any specific conditions of approval (if any) supporting the decision. The Historic Preservation Officer shall also forward the Historic Preservation Commission decision to the appropriate City personnel. Any specific conditions of approval made by the Historic Preservation Commission shall be attached to the construction documents prior to the issuance of any building permits. No subsequent changes shall be made to the approved design without the prior review and approval of the Historic Preservation Officer or Historic Preservation Commission. An applicant shall have one (1) year from the date of issuance of a Certificate of Appropriateness to secure a building permit for the specified improvements or it shall become null and void.

If the Historic Preservation Commission finds the proposed work will have an Adverse Effect on the Landmark, or property located within a District, or if the proposed work is inconsistent with the Secretary of the Interior Standards for Rehabilitation or any applicable adopted Design Guidelines, the Historic Preservation Commission shall advise the applicant at the meeting of the disapproval of the application and of any changes to the application which are necessary to approval of the same. Within five (5) days following the meeting, the Historic Preservation Officer shall provide the applicant noticing in writing of the disapproval of the application and of any changes to the application which are necessary for approval of the same. A Certificate of Appropriateness application that has been denied may not be resubmitted without incorporating changes to the application which are necessary for approval of the same.

The applicant or any persons adversely affected by the action of the Historic Preservation Commission may appeal the decision to the City Council. Appeal requests shall be filed in writing to the Historic Preservation Officer within ten (10) days of the Historic Preservation Commission decision. The Historic Preservation Officer must schedule the appeal at the next available regularly scheduled City Council meeting. Appeals of decisions made under Administrative Review will be heard by the Historic Preservation Commission at their next regularly scheduled meeting.

Appeals to the City Council shall be considered only on the record made before the Historic Preservation Commission, and may only allege that the Historic Preservation Commission decision was arbitrary, capricious, or illegal.

Certificate of Appropriateness - Administrative Review. Applications for certain minor alterations, additions, and repairs may be reviewed and approved administratively by the Historic Preservation Officer without review by the Historic Preservation Commission. Those activities will be determined on a case by case basis by the Historic Preservation Officer.

Administrative review is allowed for City initiated infrastructure improvements within City owned property or within the right-of-way.

Demolition of Landmarks. It is the intent of this and succeeding sections to preserve the historic and architectural resources of the city through limitations on demolition and removal of Landmarks to the extent it is economically feasible practical and necessary. The demolition or removal of historic buildings structures and sites in the city diminishes the character of the city’s historic Districts and it is strongly discouraged. Instead the city recommends and supports preservation rehabilitation and relocation within the historic district. It is recognized however that structural deterioration, economic hardship and other factors not entirely within the control of the property owner may result in the necessary demolition or removal of a historic building structure or site. All demolition permits require a sixty (60) day stay of demolition to allow for exploration of options to preserve the structure.

Removal or repair of hazardous or dangerous Landmarks.

If the building official determines a Landmark to be structurally unsound and a hazardous or dangerous building pursuant to the provisions found in the city’s adopted building code, the building official shall be required to provide written notice to the Historic Preservation Commission of the ordered removal or repair of the Landmark prior to taking such action.

The provisions contained in Section 214.00111 of the Texas Local Government Code provides additional authority to the city to preserve substandard historic buildings and are effective immediately upon designation as a Certified Local Government by the US Department of the Interior, National Park Service and Texas State Historic Preservation Officer as provided by 16 U.S.C., Section 470 et seq.; and

The property owner(s) of the demolished Landmark removed under this procedure is subject to the penalties found in this Code.

Certificates of Appropriateness for Demolition Affecting Landmarks or Historic Districts. No person shall carry out the demolition of a Landmark or property within a District, including secondary buildings and landscape features that are not previously deemed a hazardous or dangerous building by the building official, or without the review and approval of a Certificate of Appropriateness for Demolition application by the Historic Preservation Commission. The application shall be required in addition to, and not in lieu of, any required building permit.

In the absence of a determination by the building official of the subject property as a hazardous or dangerous building, the Historic Preservation Commission may consider an application for a Certificate of Appropriateness for Demolition of a Landmark or property located within a District, only if it meets compliance with one of the following:

The subject property of the application is not a recognized Landmark;

The subject building, structure or object is not an accessory building and/or landscape feature that is integral to the historic interpretation or integrity of the Landmark;

The applicant is requesting a Certificate of Appropriateness for Demolition of a Landmark on the basis of Economic Hardship and the Historic Preservation Commission finds that the applicant meets the criteria of Economic Hardship pursuant to P below.

The subject building, structure or object has lost its architectural significance and integrity over time for reasons not entirely within the control of the current or previous property owner(s).

Procedure for Certificates of Appropriateness for Demolition Affecting Landmarks or Historic Districts. The procedure for obtaining a Certificate of Appropriateness for Demolition may be initiated by the city for all city-owned Landmarks or proposed work within a District, or by the individual property owner(s) of the subject Landmark or property within a District. The application must be submitted to the Historic Preservation Officer for review and approval by the Historic Preservation Commission prior to the commencement of any work. An application for Certificate of Appropriateness for Demolition shall be made on forms as prescribed by the city.

The application shall contain:

Name, address, telephone number of applicant, and physical address of the individual property;

Site plan of the individual property or map indicating the area of the proposed demolition showing all affected buildings and/or structures on the site;

Photographs of existing conditions as well as any historical photographs, if available;

All future development plans for the property, if available;

Any other information which the Historic Preservation Officer or Historic Preservation Commission may deem necessary.

An individual property that is under review by the City for a Certificate of Appropriateness for Demolition shall be protected by and subject to all of the provisions of this Section governing demolition, minimum maintenance standards and penalties until a final decision by the Historic Preservation Commission.

The procedure for a Certificate of Appropriateness for Demolitions shall be the same as provided for in K above.

The procedure for a Certificate of Appropriateness for Demolition application involving a claim of Economic Hardship shall be as follows:

Upon receipt of a completed Certificate of Appropriateness for Demolition application, the Historic Preservation Officer shall review the application for a preliminary determination of compliance with the standards for economic hardship and the criteria for review found in P below. The applicant is encouraged to schedule a meeting with the Historic Preservation Officer prior to the submittal of an application to discuss the application and get initial direction.

Following determination of completeness of a Certificate of Appropriateness for Demolition application involving a claim of Economic Hardship and a preliminary determination of compliance, the Historic Preservation Officer shall schedule a public hearing and consideration at the next available regularly scheduled Historic Preservation Commission meeting. All review criteria and the formal written report to the Historic Preservation Officer shall be made available to the applicant prior to consideration. The owner shall be required to stabilize and secure the property subject to the penalties of this Section until a final decision by the Historic Preservation Commission becomes effective.

The Historic Preservation Commission shall conduct its initial review of the application at a public meeting. At that time, the applicant shall have an opportunity to be heard, present testimony and evidence to demonstrate that standards for economic hardship and the criteria for review have been met. Other interested parties and technical experts may also present testimony or documentary evidence which will become part of a record. The burden of proof shall be upon the applicant. In the event the Historic Preservation Commission does not act within ninety (90) days of the initial application being determined complete, a Certificate of Appropriateness for Demolition may be granted.

In considering the application, the Historic Preservation Commission may take action to postpone the application in order to establish a Stay of Demolition period. The owner shall conduct in good faith with the city local preservation organizations and interested parties a diligent effort to seek an alternative that will result in the rehabilitation of the Landmark. Negotiations may include but are not limited to such actions to utilize various preservation incentive programs sell or lease the Landmark, or facilitate proceedings for the city to acquire the Landmark under its power of eminent domain, if appropriate, and financially possible. If negotiations are successful, the Certificate of Appropriateness for Demolition application shall be considered withdrawn and all associated applications closed.

At the end of the one hundred and eighty (180) days, if prior negotiations are unsuccessful and the request for demolition stands, the Historic Preservation Officer shall schedule a second public hearing on the application at the next available Historic Preservation Commission meeting pursuant to the same manner described above in b above.

At the end of the second hearing, the Historic Preservation Commission may take action to approve, postpone requesting additional information or deny the application. If no hearing has been scheduled within sixty (60) days of the end of the stay period, a Certificate of Appropriateness for Demolition shall be deemed issued and the Historic Preservation Officer shall so advise the applicant in writing.

If approved, the Historic Preservation Officer shall issue a Certificate of Appropriateness for Demolition to the applicant with the written findings of fact, conclusions of law and any specific conditions of approval (if any) supporting the decision. The Historic Preservation Officer shall also forward the Historic Preservation Commission decision to the appropriate City personnel. The approval shall be valid for one (1) year from the hearing date of the Historic Preservation Commission final decision. The historic property shall immediately be removed from the city’s inventory of historic properties in the official public records of real property of Hays County and the official zoning maps of the city, as applicable.

Prior to demolition, the city may as a condition of approval require the owner to provide documentation of the historic property at the owner’s expense in accordance with the standards of the Historic American Building Survey (HABS). Such documentation may include photographs, floor plans, measured drawings, an archeological survey, or other information as specified.

ii.

Approval for the demolition of a structure may be conditioned upon the construction of an acceptable replacement structure, or landscape or park plan. A bond or other financial guaranty in the amount of the cost of the replacement structure may be required in order to assure the construction of the replacement structure, or park, or landscape plan.

iii.

The city may also require the owner to incorporate an appropriate memorialization of the building, structure or site such as a photographic display or plaque into any proposed future development project on the property.

Denial of a Certificate of Appropriateness for Demolition application involving Economic Hardship shall prevent the owner from demolishing the property or reapplying for another Certificate of Appropriateness for Demolition application for a period of three (3) years from the hearing date of the Historic Preservation Commission final decision, unless substantial changes in circumstances have occurred other than resale of the property or those caused by acts beyond the control of the owner. It shall be the responsibility of the owner to stabilize and maintain the minimum maintenance standards for the property so as not to create a hazardous or dangerous building.

The city may continue to provide the owner with information regarding financial assistance for the necessary rehabilitation or repair work as it becomes available.

The owner may appeal the decision of the Historic Preservation Commission to the City Council. Appeal requests shall be filed in writing to the Historic Preservation Officer within ten (10) days of the Historic Preservation Commission decision. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general zoning ordinance of the city. Appeals to the City Council shall be considered only on the record made before the Historic Preservation Commission, and may only allege that the Historic Preservation Commission decision was arbitrary, capricious, or illegal.

Economic Hardship involving Certificates of Appropriateness for Demolition Affecting Landmarks.

No Certificate of Appropriateness for Demolition involving a claim of economic hardship may be approved, nor shall a demolition permit be issued by the City, unless the owner proves compliance with the following standards for economic hardship:

The property is incapable of earning a reasonable return in its current or rehabilitated state, regardless of whether that return represents the most profitable return possible;

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return;

Earnest and reasonable efforts to find a purchaser interested in acquiring the property and preserving it have failed;

The property cannot be moved or relocated to another site similar site or within the District.

The City may adopt by resolution separate criteria for review in considering claims of economic hardship for investment for income producing and non-income producing properties, as recommended by the Historic Preservation Commission. Non-income properties shall consist of owner occupied single family swellings and non-income producing institutional properties. All standards for review shall be made available to the owner prior to the hearing. The information to be considered by the City may include but not be limited to the following:

Purchase date price and financing arrangements;

Current market value;

Form of ownership;

Type of occupancy;

Cost estimates of demolition and post demolition plans for development;

Maintenance and operating costs;

Inspection report by licensed architect or structural engineer having experience working with historic properties;

Costs and engineering feasibility for rehabilitation;

Property tax information;

Rental rates and gross income from the property;

Other additional information as deemed appropriate.

Claims of economic hardship by the owner shall not be based on conditions resulting from:

Evidence of demolition by neglect or other willful and negligent acts by the owner;

Purchasing the property for substantially more than market value at the time of purchase;

Failure to perform normal maintenance and repairs;

Failure to diligently solicit and retain tenants;

Failure to provide normal tenant improvements.

Throughout the process, the applicant shall consult in good faith with the Historic Preservation Officer, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be demonstrated to the Historic Preservation Commission at the hearing.

Enforcement.

It shall be unlawful to construct, reconstruct, significantly alter, restore or demolish any building or structure designated as a Landmark or in a designated District in violation of the provisions of this Section. The City, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful construction, reconstruction, significant alteration or demolition to restrain, correct or abate such violation or to prevent any illegal act, business or maintenance in and about such premises, including acquisition of the property.

The City shall periodically inspect Districts and Landmarks to assure all activity is in compliance with this Section. If the work is not performed in accordance with the certificate, or this Section, the City shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project while the stop work order is in effect.

Where a violation of this section of the UDC occurs or appears reasonably imminent, the Building Official, Fire Marshal, Historic Preservation Officer, or Historic Preservation Commission may recommend that the City apply to an appropriate court of law for an injunction to stop the violation or imminent violation, or restore the affected property to its previous condition.

This section shall not preclude any other lawful remedies available to the City for violations of this Section of the Unified Development Code.

Parking and driveway access.

Parking within the Historic Overlay (O-H) District

Commercial uses within the Historic Overlay (O-H) District must provide public parking directly in front of their property within the right-of-way

Parking shall extend across full property frontage, subject to the Engineering Director discretion

ii.

Where Right-of-Way in inadequate portions of the depth of parking may be located within the private and public property with a public access parking easement.

Commercial uses within the Historic Overlay (O-H) District are not subject to off-street parking requirements

Uses that require a Special Use Permit (SUP) may be subject to off-street parking requirements through the SUP process.

Residential uses within the Historic Overlay are required to provide one (1) parking space per Dwelling Unit.

Fences and walls.

For regulations regarding fences and walls in the Historic District, see Section 2.09.02. B and the City of Buda Historic District Design Standards and Guidelines.

(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2020-04 adopted 3/24/2020; Ordinance 2022-24 adopted 9/20/2022; Ordinance 2023-03 adopted 5/2/2023)

2.10.11 Development in the Rural Heritage Overlay (O-R) District.

Intent. See 2.05.01. Rural Heritage Overlay (O-R) District.

Applicability. Unless otherwise stated in this section, the following regulations apply to all non-single family properties within the Rural Heritage Overlay (O-R) District. The following regulations are in addition to the underlying base district regulations. In the event of a conflict, the more restrictive regulations shall apply.

Buildings and Site Development.

Buildings. All buildings or sites shall incorporate all of the following requirements:

Figure 50. Board and Batten Style

Roofs must be metal with a pitch of at least 4:12.

Buildings must be oriented to face toward the roadway.

Structures must be constructed of one hundred (100) percent Class A masonry; however fiber cement in a vertical Board and Batten style may comprise up to twenty-five (25) percent.

Parking.

If parking is located between the front building face and the roadway, Internal Landscaping requirements of 2.09.01. A.2.d.i and ii shall be doubled.

Streetscape.

Figure 51. Reverse Channel Lettering (Top) and Downward-Facing Lamps (Bottom)

All lighted signs must use reverse channel lettering (i.e., backlighting) or fully shielded downward-facing lamps (i.e., gooseneck lighting).

Meandering sidewalks at least six (6) feet in width must be provided.

To lessen light pollution along the corridors, the mounting height regulations of Table 27 shall apply in the district in place of those included in Table 21 on page 148.

Table 27. Modified Mounting Heights for Lighting in Parking Areas
Longest Dimension of Parking Area	Maximum Lighting Unit Mounting Height
Zero - 60 Feet	12 Feet
61 - 100 Feet	16 Feet
101 Feet or Greater	24 Feet

In addition to the requirements of 2.09.01. Landscaping, a street frontage buffer forty (40) feet in width shall be provided along the Right-of-Way of each designated corridor.

Parking areas are prohibited within this buffer.

ii.

No Protected Tree, Signature Tree, or Heritage Tree shall be removed in the street frontage buffer except as necessary to allow access driveways perpendicular to the roadway.

iii.

In addition to the landscaping requirements, each one hundred fifty (150) linear feet (or fraction thereof) of the required street frontage buffer shall consist of the following planting materials:

(a)

A minimum of six (6) Shade Trees, of which at least four (4) shall be evergreen trees and no single tree species shall constitute more than one-third (1/3) of all required trees;

(b)

A minimum of four (4) Ornamental Trees; and

(c)

A minimum of thirty (30) Shrubs.

iv.

Undeveloped properties or properties that do not contain structures or parking areas within two hundred (200) feet of the Right-of-Way shall be exempt from these street frontage buffer provisions.

Alternatives. All buildings or sites must incorporate at least four (4) of the following alternatives:

Decorative split rail fencing not exceeding three (3) feet in height adjacent to the right-of-way along the entire width of the property (excluding ingress/egress);

Stained wood building accents (e.g., columns, shutters, trim)

No parking located in front of the building face;

Covered porch at least ten (10) feet deep and fifty (50) percent of the building face width (porch may extend into required buffer, must have consistent roof material);

Covered bicycle parking within fifty (50) feet of the main entrance, with dedicated spaces accessible without moving another bicycle to accommodate at least:

Five (5) bicycles for buildings less than seven thousand (7,000) square feet,

ii.

Ten (10) bicycles for buildings between seven thousand (7,000) and thirty thousand (30,000) square feet, or

iii.

Twenty (20) bicycles for buildings larger than thirty thousand (30,000) square feet.

All hardscape in front of the building face constructed entirely of an enhanced design, such as stained concrete, pavers, or stone.

All exterior lights operated by motion sensor only to turn off when no activity is present.

Achieve all required elements and at least four (4) alternative options of Table 22. Low Impact Design Element Options (on page 155).

Land Use. Uses shall be permitted in the Rural Heritage Overlay (O-R) District as shown in 2.06.05. Use Chart, with the exception of those the as shown in Table 28.

Location of Fuel Pumps (Accessory Use). Fuel pumps must be located to the side or rear of the primary structure, except with Edwards Aquifer Recharge Zone or Contributing Zone is present on the property.

Table 28. Uses Permitted in the Rural Heritage Overlay (O-R) District
Use Classification	B-1	B-2	B-3	LI	HI
Automobile or Other Motorized Vehicle Sales				S	P
Automobile Service Garage (Major)				S	P
Automobile Service Garage (Minor)		S	S	S	P
Car Wash, Full Service		S	S	P	P
Car Wash, Self Service		S	S	P	P
Equipment Sales				S	P
Equipment Storage Building or Structure (Pertaining to Wireless Facilities)			S	S	P
Feed Store			S	S	S
Restaurant or Cafeteria, with Curb or Drive-Thru Service		S	S	P	P
Storage Units, Mini				S	P
Warehouse				S	P
Woodworking and Planing Mill					S
Adult Entertainment
Heavy Industrial or Manufacturing Operations
Heliport or Helistop
Laundry, Commercial
Manufactured Home Sales
Pawn Shop
Portable Building Sales
Taxi Garage or Dispatch
Wrecking or Auto Salvage Yard
Nondepository Financial Institution/Payday Lending Establishment

*All conditions listed in 2.06.06. Conditional Standards remain applicable

Alternative Compliance Option. A request for the following Alternative Compliance options may be submitted and acted upon in accordance with 2.11.01. Alternative Compliance:

Consider granting credit for existing plant material.

(Ordinance 2017-13 adopted 10/2/2017)

2.10.12 Development in the Gateway Corridor Overlay (O-G) District.

Intent. See 2.05.02. Gateway Corridor Overlay (O-G) District.

Applicability. Unless otherwise stated in this section, the following regulations apply to all non-single family properties within the Gateway Corridor Overlay (O-G) District in addition to the regulations of each underlying base district. In the event of a conflict, the more restrictive regulations shall apply.

Buildings and Site Development.

Buildings.

Primary buildings shall be set back no more than five (5) feet beyond the minimum front yard setback of the underlying base district, unless site restrictions prohibit such placement as determined by the City Engineer. This setback is measured by the portion of the building face closest to the street.

Figure 52. Larger Building Designed to Appear as Separate Buildings

Buildings with a ground floor area of larger than thirty thousand (30,000) square feet shall be designed to appear as separate but attached buildings through the use of building material changes, wall plane/horizontal articulation, and roofline/vertical articulation.

The primary entrance for all buildings and ground-level leasable space shall be accessed by the front sidewalk.

Windows shall comprise between fifty (50) and eighty (80) percent of each ground-level building elevation fronting the public right-of-way or accessible by sidewalk.

Section 1.01.01(C)(1)(d) glazing standards are amended for buildings fronting Robert S. Light between IH-35 and Hwy 1626, for which windows shall compromise a minimum of thirty (30) percent of the ground-level building elevation fronting the public right-of-way or accessible by sidewalk.

Parking.

All parking shall be located behind the front façade of the primary building.

If covered parking is provided for vehicles, at least fifty (50) percent of the bicycle parking shall be covered.

Streetscape.

Sidewalks at least ten (10) feet in width shall be provided.

Retail buildings located in Form Based zoning districts shall have canopies spanning seventy-five (75) percent of the frontage and extending over the sidewalk at least six (6) feet.

In addition to the landscaping requirements of section 2.09.01, development shall provide the following along the Right-of-Way of each designated corridor:

Properties that do not have a Form Based zoning designation shall provide an expanded landscape buffer to accommodate:

(a)

an additional offset row of shade trees planted every forty (40) feet on center, for a total of two (2) alternating rows planted within the landscape buffer, or one row on either side of the sidewalk. No single tree species shall constitute more than one-third (1/3) of all required trees.

(b)

A minimum of thirty shrubs per every one hundred and fifty (150) linear feet[.]

(c)

Trees and shrubs can be clustered at the discretion of the Development Services Director.

ii.

Properties within a Form Based zoning district shall provide one shade tree planted every thirty (30) feet on center between the street and the pedestrian path.

Retail buildings located in Form Based zoning districts shall have canopies spanning seventy-five (75) percent of the frontage and extending over the sidewalk at least six (6) feet.

Land Use. Uses shall be permitted in the Gateway Corridor Overlay (O-G) District as shown in 2.06.05. Use Chart, with the exception of those the as shown in Table 29.

Table 29. Uses Permitted in the Gateway Corridor Overlay (O-G) District
Use Classification	B-1	B-2	B-3	LI	HI
Automobile or Other Motorized Vehicle Sales				S	P
Automobile Service Garage (Major)				S	P
Automobile Service Garage (Minor)				S	P
Car Wash, Full Service		S	S	P	P
Car Wash, Self Service				P	P
Equipment Sales				S	P
Equipment Storage Building or Structure (Pertaining to Wireless Facilities)			S	S	P
Feed Store			S	S	S
Restaurant or Cafeteria, with Curb or Drive-Thru Service		S	S	P	P
Office/Showroom			P	P
Office/Warehouse				S	P
Storage Units, Mini
Warehouse				S	P
Woodworking and Planning Mill					S
Adult Entertainment
Heavy Industrial or Manufacturing Operations
Heliport or Helistop
Laundry, Commercial
Manufactured Home Sales
Pawn Shop
Portable Building Sales
Taxi Garage or Dispatch
Wrecking or Auto Salvage Yard
Nondepository Financial Institution/Payday Lending Establishment
* All conditions listed in 2.06.06. Conditional Standards remain applicable

Alternative Compliance Option. A request for the following Alternative Compliance options may be submitted and acted upon in accordance with 2.11.01. Alternative Compliance:

Consider granting credit for existing plant material.

(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2022-34 adopted 12/6/2022)

2.10.13 Nonconforming Lots, Structures, and Uses.

Intent of Provisions.

Purpose.

The purpose of this section is to establish provisions for the allowance and potential alteration of uses, lots, or structures that do not conform to currently applicable standards or regulations, but that were in conformance with standards in place at the time of their inception, and have been rendered nonconforming due to a change in the applicable standards and regulations.

Nonconformities occur in three (3) categories, or combinations thereof:

(a)

Nonconforming Lot. An existing lot that does not meet the dimensional requirements.

(b)

Nonconforming Structure. An existing structure that does not meet the dimension requirements, masonry requirements, or landscaping requirements.

(c)

Nonconforming Use. An existing use that does not comply with the permitted uses, landscaping, or parking requirements.

It is the declared intent of this section that Nonconforming Uses and Nonconforming Structures eventually be eliminated and be required to comply with the regulations of the UDC, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area.

Establishment of Legal Nonconforming Status.

Existence. For purposes of interpretation of this subsection, any Nonconforming Uses, Nonconforming Structures, or Nonconforming Lots that in whole or part are not in conformance with current zoning standards shall be considered as follows.

Legal Nonconforming. Those Nonconforming Uses, Nonconforming Structures, or Nonconforming Lots that in whole or part are not in conformance with current zoning standards, but were legally established at a prior date, at which time they were in conformance with applicable standards. Such Nonconforming Uses, Nonconforming Structures, or Nonconforming Lots may be maintained or potentially altered subject to the provisions of this subsection.

Illegal Status.

Nonconforming Uses, Nonconforming Structures, or Nonconforming Lots that were not conforming at the time of creation are considered illegal uses, structures, or lots.

ii.

Nonconforming Uses, Nonconforming Structures, or Nonconforming Lots shall not be approved for any alterations or expansion.

iii.

Nonconforming Uses, Nonconforming Structures, or Nonconforming Lots shall undertake necessary remedial measures to reach conformance with the current standards, or be discontinued.

Time of Adoption. Any use, platted lot, or structure that is a lawful use at the time of the adoption of any amendment to this UDC but by such amendment is placed in a district wherein such use, platted lot, or structure is not otherwise permitted shall be deemed legal nonconforming.

Burden of Demonstration. The burden of establishing that any nonconformity is a legal nonconformity as defined in this subsection shall be borne by the owner or proponent of such nonconformity.

Table 30. Summary of Nonconformity Regulations
Issue	Action	Regulation
Nonconforming Lot	Existing platted lots	Any legally confirming existing lot platted prior to the adoption of this UDC is a conforming lot.
Nonconforming Lot	Residential lot exemption	Minimum lot area is determined by the respective district, except that a lot having less area than required that was an official "lot of record" prior to the adoption of this UDC may be used for a single family dwelling.
Nonconforming Structure	Prohibited expansion	A nonconforming structure shall not be expanded or increased as of the effective date of this UDC except as provided in F.3 below.
	Conforming use in a nonconforming structure	Where a conforming use is located in a Nonconforming Structure, the use may be changed to another conforming use.
	Nonconforming structure expansion with conforming uses	Gross floor area shall not increase more than 10% from when the building became nonconforming. The expansion must be conforming.
	Structure is removed from the premises	The nonconforming structure shall be considered to have been discontinued, regardless of intent.
	Reuse of abandoned or vacant buildings by a conforming use	If abandoned for 6+ months, shall only be preoccupied by a conforming use
	Total destruction by fire, elements, or other cause	Shall not be rebuilt except to conform to the provisions of this UDC.
	Partial destruction by fire, elements, or other cause	If 51%+ of its total appraised value is destroyed, reconstruction will be permitted but the existing square footage of function of the Nonconforming Structure cannot be expanded.
	Building or use is altered at least 20% of the original floor area	The standards and criteria contained within 2.09.01. Landscaping shall apply.
	Building or use is changed or enlarged in floor area, number of dwelling units, seating capacity or otherwise, to create a need for additional parking spaces	Such additional parking spaces shall be provided based on the new use or area unless a Zoning Special Exception is granted for a reduced parking requirement.
	Relocation	May be relocated within the same platted lot and must comply with all screening and setback requirements.
Nonconforming Use	Nonconforming Use expansions and changes	A Nonconforming Use shall not be expanded or increased except as provided in E.4 below. Any Nonconforming Use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a Nonconforming Use. A Nonconforming Use shall not be changed to another Nonconforming Use.
	Reuse of abandoned or vacant buildings by conforming uses	Buildings or structures that have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be reoccupied only by a conforming use.
	Ceases operation for 6+ months	The Nonconforming Use shall be deemed to be permanently discontinued.
	Expanding in existing building	No structural alterations except maintenance/safety. The number of dwelling units shall not be increased. Nonconforming Use shall not occupy any land outside the building.
	Building or use is altered at least 20% of the original floor area	The standards and criteria contained within 2.09.01. Landscaping shall apply.
	Building or use is changed or enlarged in floor area, number of dwelling units, seating capacity or otherwise, to create a need for additional parking spaces	Such additional parking spaces shall be provided based on the new use or area unless a Zoning Special Exception is granted for a reduced parking requirement.
	Expansion located outdoors	A Nonconforming Use located outdoors or that is otherwise not located in an existing building may be extended throughout the existing lot, provided: 1) the use does not extend beyond one lot, and 2) the use is screening in accordance with 2.09.02.

Nonconforming Lots.

Existing Platted Lots are Conforming Lots. Any existing lot platted prior to the adoption of this UDC, which was legally conforming, shall be deemed a conforming lot.

Residential Lot Exemption. The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts, except that a lot having less area than herein required that was an official "lot of record" prior to the adoption of this UDC may be used for a single family dwelling.

Nonconforming Uses.

Discontinuance of Nonconforming Use.

If a Nonconforming Use ceases operations for a period of more than six (6) months, then such Nonconforming Use shall be deemed to be permanently discontinued. Unless the Board of Adjustment reinstates the nonconforming rights pursuant to 7 below, such a use shall not be instituted on that parcel or other parcel in a district that does not permit the discontinued use.

For the purpose of this paragraph, to "cease operations" shall mean to intentionally terminate operations of the Nonconforming Use. Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been discontinued, regardless of intent.

Reuse of Abandoned or Vacant Buildings by Conforming Uses Allowed. Buildings or structures that have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be reoccupied only by a conforming use.

Prohibited Expansion of Nonconforming Uses.

A Nonconforming Use shall not be expanded or increased as of the effective date of this UDC except as provided in 4 below.

Any Nonconforming Use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a Nonconforming Use.

A Nonconforming Use shall not be changed to another Nonconforming Use.

Expansion of Nonconforming Uses. An expansion of a Nonconforming Use is allowed only in accordance with the following:

Nonconforming Use Expansion in an Existing Building.

A Nonconforming Use located within a building may be extended throughout the existing building, provided:

(a)

No structural alteration may be made on or in the building except those required by law to preserve such building in a structurally sound condition; and

(b)

The number of dwelling units or rooms in a residential Nonconforming Use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a Nonconforming Use.

ii.

A Nonconforming Use within a building shall not be extended to occupy any land outside the building.

Nonconforming Use Expansion Located Outdoors. A Nonconforming Use located outdoors or that is otherwise not located in an existing building may be extended throughout the existing lot, provided:

The use does not extend beyond one lot, and

ii.

The use is screened in accordance with 2.09.02. Fencing and Screening.

Noncompliance with Off-Street Parking Requirements. If a use is deemed nonconforming due to noncompliance with off-street parking requirements, the following shall apply:

Whenever a building or use is changed or enlarged in floor area, number of dwelling units, seating capacity or otherwise, to create a need for additional parking spaces, such additional spaces shall be provided in accordance with 2.09.03. Off-Street Parking based on the new use or area.

This requirement does not apply if a Zoning Special Exception or Alternative Compliance has been granted for a reduced parking requirement.

Noncompliance with Landscaping Requirements. If a use is deemed nonconforming due to noncompliance with landscaping requirements, the following shall apply:

If an existing building or use is altered (i.e., at least twenty (20) percent of the original floor area), then the standards and criteria contained within 2.09.01. Landscaping shall apply.

If an existing building is altered less than twenty (20) percent, then the standards and criteria contained in 2.09.01. Landscaping shall not apply.

Additionally, any use requiring a Specific Use Permit or a Planned Development zoning designation must comply with 2.09.01. Landscaping unless special landscaping standards are otherwise provided for in the ordinance establishing the SUP or PD district.

Reinstatement of Nonconforming Use Rights.

Application for Nonconforming Rights Reinstatement.

The owner or operator of the abandoned nonconforming use may submit a written Application to the Board of Adjustment to have the nonconforming rights reinstated.

ii.

Written Application for reinstatement of nonconforming rights must be made within ten (10) business days after the Director of Planning issues the written notice of determination that a use has been permanently abandoned.

Board Decision.

The Board of Adjustment may reinstate Nonconforming Use rights only if the Board finds that the use was not discontinued for six (6) months or more.

ii.

The failure of the owner or operator to remove on-premise signs shall not be considered (on its own) evidence of a continuing use.

Nonconforming Structures.

Prohibited Expansion. A Nonconforming Structure shall not be expanded or increased as of the effective date of this UDC except as provided in subsection 3 below.

Conforming Use in a Nonconforming Structure. Where a conforming use is located in a Nonconforming Structure, the use may be changed to another conforming use.

Expansion of Nonconforming Structures. An expansion of a Nonconforming Structure is allowed in accordance with the following.

Buildings or structures that do not conform to the area regulations or development standards in this UDC but where the uses are deemed conforming shall not increase the gross floor area greater than ten (10) percent from the date when the building became nonconforming.

In Form Based Districts and the Historic Overlay District, buildings may be expanded, however any addition must meet the build-to zone requirements. The addition does not have to meet the build-to percentage for the lot.

ii.

In Form Based Districts and the Historic Overlay District, new buildings may be placed on a lot or site with an existing building on it that does not meet the build-to requirement, all new buildings and additions must be placed in the build-to one until the build-to percentage for the lot has been met.

(a)

In cases where a phasing plan showing intent to conform has been submitted to and accepted by the Planning Director this requirement may be modified.

The expansion must be conforming.

Restoration of Nonconforming Structures.

Total Destruction. If a Nonconforming Structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this UDC.

Partial Destruction. In the case of partial destruction of a Nonconforming Structure less than fifty-one (51) percent of its total appraised value as determined by the Appraisal District, reconstruction will be permitted, but the existing square footage or function of the Nonconforming Structure cannot be expanded.

Movement of Nonconforming Structures. Nonconforming Structures shall not be relocated within the existing lot or to a different lot.

Completion of Structures. Nothing herein contained shall require any change in the plans, construction, or designated use of the following:

Approved Building. A building or structure for which a building permit has been issued or a site plan approved prior to adoption of this UDC.

Building in the Approval Process. A building or structure for which a complete Application for a building permit was accepted by the Building Official on or before the effective date of these regulations, provided however, that such building permit shall comply with all applicable ordinances in effect on the date such Application was filed.

(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2022-24 adopted 9/20/2022)

2.10.14 Amortization of Nonconforming Uses.

City Council Initiation of Amortization Case. Only the City Council, by majority vote, may request that the Board of Adjustment consider establishing a compliance date for a Nonconforming Use.

Board of Adjustment Decision of Amortization Case.

Per the authorization of City Council (A above), the Board of Adjustment may require the discontinuance of a Nonconforming Use under any plan whereby the full value of the use’s structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the UDC regulations.

All actions to discontinue a Nonconforming Use shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the nonconforming use and the conservation and preservation of property.

Public Hearing Process. Upon receiving a request under A above from the City Council, staff shall schedule the First Public Hearing before the Board. The Board may establish a compliance date only after holding two separate public hearings.

First Public Hearing. The Board shall hold a public hearing to determine whether continued operation of the Nonconforming Use will have a significant adverse effect on nearby properties. Only if, based on the evidence presented at the public hearing, the Board determines that continued operation of the Nonconforming Use will have a significant adverse effect on nearby properties, it shall schedule a second public hearing to establish a compliance date for the Nonconforming Use. In determining whether the continued operation will have a significant adverse effect on nearby properties, the Board shall consider the following factors:

The character of the surrounding neighborhood.

The degree of incompatibility of the use with the zoning district in which it is located.

The manner in which the use is being conducted.

The hours of operation of the use.

The extent to which continued operation of the use may threaten public health or safety.

The environmental impacts of the use’s operation, including but not limited to the impacts of noise, glare, dust, and odor.

The extent to which public disturbances and nuisances may be created or perpetuated by continued operation of the use.

The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use.

Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties.

To the extent the Nonconforming Use impacts the value and marketability of the abutting and surrounding properties or neighborhood.

Notwithstanding anything to the contrary, the Board cannot amortize a use described in Subsection 2.10.02. E.2 unless it finds that the use is a nuisance or that the use presents a risk of imminent destruction of property or injury to persons.

Second Public Hearing.

If the Board has determined in the first public hearing that the Nonconforming Use has an adverse effect on nearby properties, it shall hold a second public hearing to set a date for compliance. The Board shall, in accordance with the law, provide a compliance date for the Nonconforming Use under a plan whereby the owner’s actual investment in the use before the time that the use became nonconforming can be amortized within a definite time period. The following factors must be considered by the Board in determining a reasonable amortization period:

The owner’s capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use became nonconforming.

ii.

Any costs that are directly attributable to the establishment of compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages.

iii.

Any return on investment since inception of the use, including net income and depreciation.

iv.

The anticipated annual recovery of investment, including net income and depreciation.

A reasonable closeout and termination period for the nonconforming use.

If the Board, at the first public hearing, requests financial documentation or records from the owner relating to the factors listed directly above, the owner shall provide said documents or records at least thirty (30) days before the second public hearing. If the owner does not provide said documentation, the Board is authorized to make its determination of a compliance date based upon any reasonably available public records as well as public testimony at the hearing. Failure by owner to provide the requested financial documents and records shall not prevent the Board from setting a compliance date.

Ceasing Operations. If the Board establishes a compliance date for a Nonconforming Use, the use must cease operations on that date and it may not operate thereafter unless it becomes a conforming use.

Definitions. For purposes of this subsection, "owner" means the owner of the Nonconforming Use at the time of the Board’s determination of a compliance date for the Nonconforming Use.

Finality of Decisions.

Decisions that cannot be Immediately Appealed. A decision by the Board that the continued operation of a Nonconforming Use will have a significant adverse effect on neighboring property and the Board’s decision to schedule a second public hearing to establish a compliance date are not final decisions and cannot be immediately appealed.

Decision to Deny a Request to Establish a Compliance Date. A decision by the Board to deny a request to establish a compliance date is final unless appealed to state court within ten (10) calendar days in accordance with Chapter 211 of the Local Government Code.

Decision Setting a Compliance Date. A decision by the Board setting a compliance date is final unless appealed to state court within ten (10) calendar days in accordance with Chapter 211 of the Local Government Code.

(Ordinance 2017-13 adopted 10/2/2017)