A.
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.
B.
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.
1.
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.
2.
Acceptance Procedures. A Determination of Completeness of an
Application shall be conducted in accordance with the following procedures:
a.
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.
b.
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.
i.
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.
c.
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.
d.
If the Application is determined to be complete, the Application
shall be processed as prescribed by this UDC.
3.
Acceptance shall not Constitute Compliance. A determination
of completeness shall not constitute a determination of compliance
with the substantive requirements of this Section.
4.
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.
C.
Re-Submittal after Notification of Incompleteness.
1.
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.
2.
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.
D.
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:
1.
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
2.
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
3.
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.
E.
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.
F.
Denial of Zoning Applications.
1.
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.
2.
A typographical error shall not constitute an incomplete Application.
3.
The Applicant may be notified of such denial or revocation for
an incomplete zoning Application in writing.
G.
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.
H.
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)
A.
General.
1.
Procedural Steps.
a.
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.).
b.
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.
2.
Cases Where No Initial Zoning Action Occurs Concurrently with
Annexation.
a.
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.
B.
Necessary Studies for Initial Zoning.
1.
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.
2.
This zoning shall be deemed the initial zoning of the newly
annexed property.
C.
Initial Zoning of Newly Annexed Land.
1.
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.
2.
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.
D.
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.
E.
Within an Annexed Area Where No Initial Zoning Action has Occurred.
1.
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.
2.
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.
a.
Application of this subsection is contingent upon the following:
i.
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.
3.
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.
a.
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)
A.
Process Requirements.
1.
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.
2.
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.
3.
Petitions Submitted to the City Council.
a.
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
b.
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.
B.
Two Types of Zoning Amendments.
1.
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.
2.
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.
C.
Rezoning within the Historic Overlay (O-H) District.
1.
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.
2.
See 2.10.10. Designation of and Development in Historic Overlay
(O-H) District or of a Historic Landmark.
D.
Planning and Zoning Commission Recommendation Requires Public
Hearing.
1.
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.
2.
In the case of a Zoning Map Amendment (Rezoning):
a.
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.
i.
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.
b.
Consistency between a Zoning Map Amendment (Rezoning) and the
Comprehensive Plan shall be required.
c.
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).
E.
Sign Posting for a Zoning Map Amendment (Rezoning) Related to
a Particular Property.
1.
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.
2.
The sign shall state that the property is the subject of a rezoning
Application.
3.
The Director of Planning shall furnish and post the sign on
the property proposed to be rezoned.
4.
The sign shall remain continuously posted on the property until
the City Council has conducted its public hearing on the matter.
F.
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.
G.
City Council Decision and Public Hearing Required.
1.
A public hearing shall be held by the City Council before adopting
any proposed amendment.
2.
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.
H.
Three-Fourths City Council Vote Required for Protested Amendments.
1.
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.
2.
Two Types of Eligible Protesters:
a.
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.
b.
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.
3.
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
|
|
I.
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)
A.
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
|
|
B.
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)
|
C.
Types of Notice.
1.
Sign Notice Posted on Property.
a.
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).
b.
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.
2.
Published Notice and Written Notice of Public Hearing for Zoning
Changes Involving Real Property.
a.
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.
b.
Written Notice for Protest (also referred to as "Mailed Notice").
i.
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.
c.
Written Notice for Courtesy Interest.
i.
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.
3.
"Published Notice" of Public Hearing for Zoning Changes Involving
Regulation Text.
a.
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.
b.
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.
4.
Published Notice and Written Notice of an Appeal of a City Administrative
or Interpretative Decision to the Board of Adjustment.
a.
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.
b.
Both the mailed and published notice shall be given before the
fifteenth (15th) calendar day prior to the date for the hearing.
c.
At the hearing, any party may appear in person or by Attorney
or by agent.
5.
Additional Rules and Procedures Established.
a.
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).
b.
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.
c.
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)
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)
A.
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.
B.
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)
A.
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.
B.
Site Plan Processing. Two different types Site Plans exist,
related to SUPs (1 below) and Building Permits (2 below).
1.
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.
2.
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:
a.
Nonresidential Development.
i.
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.
b.
Residential Development. Residential buildings having more than
four (4) dwelling units require an approved Site Plan.
c.
Innovative Residential Development. All Innovative Residential
Developments require an approved Site Plan (see 2.09.07.
d.
Planned Development (PD). All Planned Development (PD) building
permit Applications require an approved Site Plan (see 2.10.08.).
3.
Effect. No Certificate of Occupancy shall be issued unless all
construction and development conform to the Site Plan as approved
by the City.
C.
Approval Process.
1.
Site Plan in association with a Specific Use Permit. The approval
of a Site Plan related to a rezoning Application requires the following:
a.
Review by the Director of Planning,
b.
A recommended action by Planning and Zoning Commission for the
City Council’s consideration, and
c.
Approval by the City Council.
2.
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.).
3.
Site Plan Process Overview. The purpose of the Site Plan process
is to:
a.
Ensure compliance with adopted City development regulations
and other applicable regulations that apply to the property for which
the City has enforcement responsibility;
b.
Promote safe, efficient and harmonious use of land through application
of City-adopted design standards and guidelines;
c.
Promote the vision established by the Comprehensive Plan;
d.
Ensure adequate public facilities to serve development;
e.
Coordinate and document the design of public and private improvements
to be constructed;
f.
Prevent or mitigate adverse development impacts, including overcrowding
and congestion;
g.
Aid evaluation and coordination of land subdivision, including
the granting of easements, Right-of-Way, development agreements and
provision of surety;
h.
Identify and address environmental concerns (floodplain, drainage,
trees, topography, etc.); and
i.
Promote the public health, safety and welfare.
D.
Exempted Development Types. The following types of development
are exempted from the requirements of this 2.10.07. Site Plans:
2.
Residential dwellings with four (4) or fewer units; and
3.
A Temporary Building as permitted by 2.06.05. Use Chart.
E.
Submission of Site Plan Applications.
1.
Coordinating Official. Applications for approval of plans required
by this 2.10.07. Site Plans must be submitted to the Director of Planning.
2.
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.
3.
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.
4.
Other Regulations for Applications. Applications are also governed
by 2.10.01. Applicability, Completeness, and Expiration.
F.
Fees, Forms, and Procedures.
1.
Schedule of Fees. The fees relating to the Site Plan approval
process shall be established by the Fee Schedule.
2.
Delinquent Taxes and Noncompliance. No Site Plan shall be approved
for properties with delinquent City taxes or other noncompliance issues.
3.
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.
G.
Site Plan Application Procedure and Requirements.
1.
Site Plan Pre-Application.
a.
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.
b.
No Application for a permit may be submitted to or accepted
for filing with the Director of Planning during the meeting.
2.
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.
3.
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:
c.
Traffic Impact Analysis, if applicable,
d.
Tree Removal Permit and Tree Preservation Plan, if applicable,
f.
Flood Study, if required, or
g.
Other approvals as required by City, State, or Federal codes
or laws.
4.
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.
a.
Compliance with the UDC Zoning Regulations and other applicable
regulations and previously approved, valid plans for the property.
b.
The design and location of off-street parking and loading facilities
to ensure that all such spaces are usable and are safely arranged.
c.
The width, grade and location of streets designed to accommodate
prospective traffic and to provide access for firefighting and emergency
equipment to buildings.
d.
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.
e.
The location, size and configuration of open space areas to
ensure that such areas are suitable for intended recreation and conservation
uses.
f.
Protection and conservation of soils from erosion by wind or
water or from excavation or grading.
g.
Protection and conservation of water courses and areas subject
to flooding.
h.
The adequacy of streets, water, drainage, wastewater, storm
water facilities, garbage disposal and other utilities necessary for
essential services to residents and occupants.
i.
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.
j.
The City shall not take action on a Site Plan for property where
City taxes are delinquent.
5.
Site Plan Effect.
a.
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.
b.
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.
c.
Site Plan approval is separate and distinct from other permits
and approvals that may be required by the City and other regulatory
agencies.
d.
Approval of a Site Plan shall not affect other applicable regulations
concerning development and land use.
e.
Except where authorized by ordinance or development agreement,
a Site Plan shall not be used to approve a Zoning Variance to development
regulations.
6.
Site Plan Lapse.
a.
Two (2) Year Effective Period.
i.
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.
b.
Expired Site Plans.
i.
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.
H.
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.
I.
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.
J.
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:
4.
Engineering Criteria Manual;
5.
Any design standards and specifications approved by the City
Council following the enactment of this provision; and
K.
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)
A.
General.
1.
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.
2.
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.
3.
Area Requirement for a Planned Development (PD).
a.
Minimum of two (2) contiguous acres.
b.
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.
B.
Planned Development (PD) Submission Requirements.
1.
The Developer or builder of a PD shall follow a five (5) step
procedure:
a.
Step 1. Pre-Application Meeting.
b.
Step 2. PD Application for Rezoning and Planned Development
Master Plan.
c.
Step 3. Preliminary Plat, (if applicable).
d.
Step 4. Final Plat (if applicable).
2.
Approvals Needed before Proceeding.
a.
Each step must be completed and approved before the following
step is reviewed.
b.
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).
c.
The Planning and Zoning Commission and City Council may, however,
review more than one step at the same public hearing.
3.
Public Hearings (Rezonings and Plats).
a.
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.
b.
Public hearings on required Plats shall be held in accordance
with regular procedures established in the Subdivision Regulations
and Development Standards.
C.
Planned Development (PD) Steps for Creation and Development.
1.
Step 1. Pre-Application Meeting.
a.
The intent of this step is to expedite and facilitate the approval
of a Planned Development Master Plan.
b.
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.
c.
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.
d.
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.
2.
Step 2. PD Application for Rezoning and Planned Development
Master Plan.
a.
Procedures and Requirements.
i.
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:
iii. The Applicant shall also provide other supporting
maps as necessary to meet the submission requirements of this UDC.
b.
PD Design Statement. The PD Design Statement shall be a written
report containing a minimum of the following elements:
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;
v.
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;
x.
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.
c.
PD Concept Design Map.
i.
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.
d.
Approval of the Planned Development Master Plan.
i.
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.
e.
Expiration of Planned Development Master Plan.
i.
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.
f.
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.
3.
Step 3. Preliminary Plat.
a.
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.
b.
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.
4.
Step 4. Final Plat.
a.
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:
i.
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.
b.
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).
5.
Step 5. Site Plan.
a.
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.
D.
Planned Development (PD) Modifications.
1.
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:
a.
The project boundaries are not altered.
b.
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.
c.
The allocation of land to particular uses or the relationship
of uses within the project are not substantially altered.
d.
The density of housing is not increased more than ten (10) percent
or decreased by more than thirty (30) percent.
e.
The land area allocated to nonresidential uses is not increased
or decreased by more than ten (10) percent.
f.
Floor Area, if prescribed, is not increased or decreased by
more than ten (10) percent.
g.
Floor Area ratios, if prescribed, are not increased.
h.
Open space ratios, if prescribed, are not decreased.
2.
Director of Planning Approval.
a.
The Director of Planning shall determine if proposed amendments
to an approved Planned Development Master Plan satisfy the above criteria.
b.
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.
E.
Reversion.
1.
Property Owner Request.
a.
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.
b.
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)
A.
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.
B.
Specific Use Permit (SUP) Application Process.
1.
Procedures for Processing an SUP.
a.
The Director of Planning shall initiate review of the SUP.
b.
Planning and Zoning Commission shall review and recommend approval,
approval with conditions, or denial of the SUP to the City Council.
c.
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.
d.
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.
2.
Compatibility Conditions.
a.
The Planning and Zoning Commission and City Council may require
conditions and safeguards as necessary to protect adjoining property.
b.
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.
3.
Required Information.
a.
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.
b.
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.
C.
Specific Use Permit Regulations.
1.
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:
a.
Safety of the motoring public and of pedestrians using the facility
and the area immediately surrounding the site;
b.
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;
d.
Adequate off-street parking and loading;
e.
Safety from fire hazard and measures for fire control;
f.
Protection against negative effects of noise, glare and lighting
on the character of the neighborhood, protective screening and open
space;
g.
Heights of structures; and
h.
Compatibility of buildings and such other measures as will secure
and protect the public health, safety, and general welfare.
2.
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.
D.
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.
E.
Specific Use Permit Expiration and Extension.
1.
SUP Expiration.
a.
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.
2.
Specific Use Permit Extension.
a.
The City Council may authorizes an extension beyond the six
(6) months upon recommendation by the Director of Planning.
F.
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.
G.
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)
A.
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.
B.
Authority. This section is authorized through:
1.
Chapter 211 of Texas Local Government Code, which authorizes
zoning functions and procedures for municipalities;
2.
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;
3.
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;
4.
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.
C.
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:
1.
Protect and enhance the landmarks and districts which represent
distinctive elements of Buda’s historic, architectural and cultural
heritage;
2.
Foster civic pride in the accomplishments of the past;
3.
Protect and enhance Buda’s attractiveness to visitors
and the support and stimulus to the economy thereby provided;
4.
Ensure the harmonious, orderly, and efficient growth and development
of the City that is sensitive to its historic resources;
5.
Promote economic prosperity and welfare of the community by
encouraging the most appropriate use of historic properties within
the City;
6.
Encourage stabilization, restoration and improvements of such
properties and their values by offering incentives for rehabilitation.
D.
Criteria for Designation of Historic Landmarks or Historic Overlay
(O-H) District.
1.
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:
a.
Listed as Recorded Texas Historic Landmarks (RTHL), State Archeological
Landmark (SAL) or listed on the National Register of Historic Places
(NR)
b.
Possesses significance in history, architecture, archeology
and culture;
c.
Is associated with events that have made a significant contribution
to the broad patterns of local, regional, state, or national history;
d.
Is associated with events that have made a significant impact
in our past;
e.
Represents the work of a master designer, builder or craftsman;
f.
Embodies the distinctive characteristics of a type, period or
method of construction;
g.
Represents an established and familiar visual feature of the
City;
2.
A District may be designated if it substantially complies with
both of the following:
a.
Contains properties and an environmental setting which meet
two or more of the criteria for designation of a landmark, and;
b.
Constitutes a distinct section of the City.
E.
Designation of Historic Landmarks and Districts.
1.
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:
a.
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;
b.
Site plan of the individual property or map indicated the geographic
boundaries of the proposed area showing all affected buildings and/or
structures;
c.
Detailed historic description and background on the property
or area;
d.
Current photographs of the overall property or area along with
any historical photographs, if available;
e.
Any other information which the City may deem necessary.
2.
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.
3.
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:
a.
Historic Preservation Commission Public Hearing and Recommendation.
i.
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.
b.
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.
c.
City Council Public Hearing and Decision.
i.
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.
d.
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.
4.
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:
a.
Any reconsideration of a previous listing or evaluation shall
employ or examine the designation criteria set forth in D above;
b.
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.
c.
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.
5.
Notification Requirements for Public Hearings Regarding Designation
of Historic Landmarks and Districts.
a.
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.
b.
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").
F.
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:
1.
Deterioration of exterior walls, foundations, or other vertical
support that causes leaning, sagging, splitting, listing or buckling;
2.
Deterioration of external chimneys that causes leaning, sagging,
splitting, listing or buckling;
3.
Deterioration or crumbling of exterior plaster finishes, surfaces
or mortars;
4.
Ineffective waterproofing of exterior walls, roofs, and foundations,
including broken windows or doors;
5.
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;
6.
Rotting, holes, and other forms of material decay;
7.
Deterioration of exterior stairs, porches, handrails, window
and door frames, cornices, entablatures, wall facings, and architectural
details that causes delamination;
8.
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;
9.
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.
G.
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.
1.
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).
2.
While the Historic Preservation Officer will act as the point
of contact, appropriate City staff shall, when needed, assist with
inspections.
3.
The procedure for citing a property for Demolition by Neglect
shall be as follows:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
H.
Ordinary Maintenance.
1.
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.
2.
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.
I.
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.
J.
Review Criteria for Certificates of Appropriateness for Alterations
or New Construction Affecting Landmarks or Historic Districts.
1.
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.
2.
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.
K.
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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
L.
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.
1.
Administrative review is allowed for City initiated infrastructure
improvements within City owned property or within the right-of-way.
M.
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.
1.
Removal or repair of hazardous or dangerous Landmarks.
a.
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.
b.
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
c.
The property owner(s) of the demolished Landmark removed under
this procedure is subject to the penalties found in this Code.
N.
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.
1.
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:
a.
The subject property of the application is not a recognized
Landmark;
b.
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;
c.
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.
d.
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).
O.
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.
1.
The application shall contain:
a.
Name, address, telephone number of applicant, and physical address
of the individual property;
b.
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;
c.
Photographs of existing conditions as well as any historical
photographs, if available;
d.
All future development plans for the property, if available;
e.
Any other information which the Historic Preservation Officer
or Historic Preservation Commission may deem necessary.
2.
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.
3.
The procedure for a Certificate of Appropriateness for Demolitions
shall be the same as provided for in K above.
4.
The procedure for a Certificate of Appropriateness for Demolition
application involving a claim of Economic Hardship shall be as follows:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
i.
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.
h.
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.
i.
The city may continue to provide the owner with information
regarding financial assistance for the necessary rehabilitation or
repair work as it becomes available.
j.
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.
P.
Economic Hardship involving Certificates of Appropriateness
for Demolition Affecting Landmarks.
1.
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:
a.
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;
b.
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;
c.
Earnest and reasonable efforts to find a purchaser interested
in acquiring the property and preserving it have failed;
d.
The property cannot be moved or relocated to another site similar
site or within the District.
2.
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:
a.
Purchase date price and financing arrangements;
e.
Cost estimates of demolition and post demolition plans for development;
f.
Maintenance and operating costs;
g.
Inspection report by licensed architect or structural engineer
having experience working with historic properties;
h.
Costs and engineering feasibility for rehabilitation;
i.
Property tax information;
j.
Rental rates and gross income from the property;
k.
Other additional information as deemed appropriate.
3.
Claims of economic hardship by the owner shall not be based
on conditions resulting from:
a.
Evidence of demolition by neglect or other willful and negligent
acts by the owner;
b.
Purchasing the property for substantially more than market value
at the time of purchase;
c.
Failure to perform normal maintenance and repairs;
d.
Failure to diligently solicit and retain tenants;
e.
Failure to provide normal tenant improvements.
4.
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.
Q.
Enforcement.
1.
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.
2.
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.
3.
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.
4.
This section shall not preclude any other lawful remedies available
to the City for violations of this Section of the Unified Development
Code.
R.
Parking and driveway access.
1.
Parking within the Historic Overlay (O-H) District
a.
Commercial uses within the Historic Overlay (O-H) District must
provide public parking directly in front of their property within
the right-of-way
i.
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.
b.
Commercial uses within the Historic Overlay (O-H) District are
not subject to off-street parking requirements
i.
Uses that require a Special Use Permit (SUP) may be subject
to off-street parking requirements through the SUP process.
c.
Residential uses within the Historic Overlay are required to
provide one (1) parking space per Dwelling Unit.
S.
Fences and walls.
1.
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)
A.
Intent. See 2.05.01. Rural Heritage Overlay (O-R) District.
B.
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.
C.
Buildings and Site Development.
1.
Buildings. All buildings or sites shall incorporate all of the
following requirements:
Figure 50. Board and Batten Style
|
a. Roofs must be metal
with a pitch of at least 4:12.
b. Buildings must be oriented to face toward the roadway.
c. 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.
2.
Parking.
a.
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.
3.
Streetscape.
Figure 51. Reverse Channel Lettering (Top) and Downward-Facing
Lamps (Bottom)
|
a.
All lighted signs must use reverse channel lettering (i.e.,
backlighting) or fully shielded downward-facing lamps (i.e., gooseneck
lighting).
b.
Meandering sidewalks at least six (6) feet in width must be
provided.
c.
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
|
d.
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.
i.
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.
4.
Alternatives. All buildings or sites must incorporate at least
four (4) of the following alternatives:
a.
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);
b.
Stained wood building accents (e.g., columns, shutters, trim)
c.
No parking located in front of the building face;
d.
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);
e.
Covered bicycle parking within fifty (50) feet of the main entrance,
with dedicated spaces accessible without moving another bicycle to
accommodate at least:
i.
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.
f.
All hardscape in front of the building face constructed entirely
of an enhanced design, such as stained concrete, pavers, or stone.
g.
All exterior lights operated by motion sensor only to turn off
when no activity is present.
h.
Achieve all required elements and at least four (4) alternative
options of Table 22. Low Impact Design Element Options (on page 155).
D.
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.
1.
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
|
E.
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:
1.
Consider granting credit for existing plant material.
(Ordinance 2017-13 adopted 10/2/2017)
A.
Intent. See 2.05.02. Gateway Corridor
Overlay (O-G) District.
B.
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.
C.
Buildings and Site Development.
1.
Buildings.
a.
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
|
b. 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.
c. The primary entrance for all buildings and ground-level
leasable space shall be accessed by the front sidewalk.
d. 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.
i.
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.
2.
Parking.
a.
All parking shall be located behind the front façade
of the primary building.
b.
If covered parking is provided for vehicles, at least fifty
(50) percent of the bicycle parking shall be covered.
3.
Streetscape.
a.
Sidewalks at least ten (10) feet in width shall be provided.
b.
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.
c.
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:
i.
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.
d.
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.
D.
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
|
E.
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:
1.
Consider granting credit for existing plant material.
(Ordinance 2017-13 adopted 10/2/2017; Ordinance
2022-34 adopted 12/6/2022)
A.
Intent of Provisions.
1.
Purpose.
a.
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.
i.
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.
b.
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.
B.
Establishment of Legal Nonconforming Status.
1.
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.
a.
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.
b.
Illegal Status.
i.
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.
2.
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.
C.
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.
|
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.
|
D.
Nonconforming Lots.
1.
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.
2.
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.
E.
Nonconforming Uses.
1.
Discontinuance of Nonconforming Use.
a.
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.
b.
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.
2.
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.
3.
Prohibited Expansion of Nonconforming Uses.
a.
A Nonconforming Use shall not be expanded or increased as of
the effective date of this UDC except as provided in 4 below.
b.
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.
c.
A Nonconforming Use shall not be changed to another Nonconforming
Use.
4.
Expansion of Nonconforming Uses. An expansion of a Nonconforming
Use is allowed only in accordance with the following:
a.
Nonconforming Use Expansion in an Existing Building.
i.
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.
b.
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:
i.
The use does not extend beyond one lot, and
ii. The use is screened in accordance with 2.09.02.
Fencing and Screening.
5.
Noncompliance with Off-Street Parking Requirements. If a use
is deemed nonconforming due to noncompliance with off-street parking
requirements, the following shall apply:
a.
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.
b.
This requirement does not apply if a Zoning Special Exception
or Alternative Compliance has been granted for a reduced parking requirement.
6.
Noncompliance with Landscaping Requirements. If a use is deemed
nonconforming due to noncompliance with landscaping requirements,
the following shall apply:
a.
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.
b.
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.
c.
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.
7.
Reinstatement of Nonconforming Use Rights.
a.
Application for Nonconforming Rights Reinstatement.
i.
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.
b.
Board Decision.
i.
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.
F.
Nonconforming Structures.
1.
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.
2.
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.
3.
Expansion of Nonconforming Structures. An expansion of a Nonconforming
Structure is allowed in accordance with the following.
a.
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.
i.
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.
b.
The expansion must be conforming.
4.
Restoration of Nonconforming Structures.
a.
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.
b.
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.
5.
Movement of Nonconforming Structures. Nonconforming Structures
shall not be relocated within the existing lot or to a different lot.
6.
Completion of Structures. Nothing herein contained shall require
any change in the plans, construction, or designated use of the following:
a.
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.
b.
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)
A.
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.
B.
Board of Adjustment Decision of Amortization Case.
1.
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.
2.
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.
C.
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.
1.
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:
a.
The character of the surrounding neighborhood.
b.
The degree of incompatibility of the use with the zoning district
in which it is located.
c.
The manner in which the use is being conducted.
d.
The hours of operation of the use.
e.
The extent to which continued operation of the use may threaten
public health or safety.
f.
The environmental impacts of the use’s operation, including
but not limited to the impacts of noise, glare, dust, and odor.
g.
The extent to which public disturbances and nuisances may be
created or perpetuated by continued operation of the use.
h.
The extent to which traffic or parking problems may be created
or perpetuated by continued operation of the use.
i.
Any other factors relevant to the issue of whether continued
operation of the use will adversely affect nearby properties.
j.
To the extent the Nonconforming Use impacts the value and marketability
of the abutting and surrounding properties or neighborhood.
k.
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.
2.
Second Public Hearing.
a.
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:
i.
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.
v.
A reasonable closeout and termination period for the nonconforming
use.
b.
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.
D.
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.
E.
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.
F.
Finality of Decisions.
1.
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.
2.
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.
3.
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)