City of Buda, TX Zoning Relief Procedures

Purpose and Applicability.

Purpose. The purpose of the Alternative Compliance process is to allow for different standards that are in agreement with the City’s Comprehensive Plan and will produce a substantially equivalent effect or enhanced level of results as intended by the original development standards.

Applicability.

A request for Alternative Compliance from certain provisions, as specifically cited within this UDC, may be submitted for review and approval along with the Site Plan for a project, or along with the project’s initial development Application (as applicable for the project).

All Alternative Compliance requests shall be clearly delineated graphically or in narrative format, as appropriate, on the Site Plan (or on the project’s initial development Application), including a reference to the specific section within this UDC that allows consideration of such alternative standard(s).

The applicable zoning district standards for a project shall not be reduced or varied using the Alternative Compliance process unless such standard(s) is specifically cited as qualifying for Alternative Compliance consideration in its respective section of this UDC.

Alternative Compliance Evaluation Criteria. The proposed standard(s) shall meet all of the following criteria:

Be in agreement with and promote the recommendations and policies within the Comprehensive Plan;

Does not reduce a standard unless it is, to the greatest extent practical, equally mitigated or improved by increasing standards of other requirements; and

Does not modify the land uses allowed in the zoning district in which the subject property is located.

Alternative Compliance Allowed.

The City is not obligated to grant Alternative Compliance for any Application.

Alternative Compliance shall be granted only as indicated for each regulation.

Alternative Compliance shall be considered for approval as indicated in Table 31. Alternative Compliance Decision-Makers:

Table 31. Alternative Compliance Decision-Makers
Section	Regulation	Director of Planning	Planning and Zoning Commission	City Council
2.07.03.	Modified Area Regulations and Standards	Recommend	Decide	Appeal
2.08.07	Building to Lot Width in the Build-to	Recommend	Decide	Appeal
2.09.01.	Landscaping	Recommend	Decide	Appeal
2.09.02.	Fencing and Screening	Recommend	Decide	Appeal
2.09.03.	Off-Street Parking	Recommend	Decide	Appeal
2.09.05.	Building Materials	Recommend	Decide	Appeal
2.09.11.	Nonresidential Design	Recommend	Decide	Appeal
2.10.11.	Development in the Rural Heritage Overlay (O-R) District	Recommend	Decide	Appeal

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

2.11.02 Zoning Regulation Appeal.

Types of Appeals. The following are the types of Zoning Regulation Appeals contained within this UDC.

Appeal of a City Administrative or Interpretative Decision.

Any person, department, board, or bureau of the City affected by any administrative officer acting pursuant to the UDC’s Zoning Regulations shall appeal to the Board of Adjustment.

In exercising the Board of Adjustment’s authority herein, the Board of Adjustment may reverse or affirm, in whole or in part, or modify the City administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board of Adjustment has the same authority as the City’s administrative official.

Public hearings shall be held in accordance with 2.10.04. Public Hearings and Notification Requirements.

Appeal to the City Council of a Zoning Vested Rights Petition Decision (see 2.11.05. F.4).

Appeal to District Court of a decision of the City Council or Board of Adjustment. Any person, department, board, or bureau of the City affected by a decision of the City Council or Board of Adjustment may appeal to District Court.

Appeals Procedure to the City Council or Board of Adjustment.

Timing and Fee. Appeal to the City Council or Board of Adjustment shall be taken within ten (10) calendar days from the date of the decision by filing with the Responsible Official from whom the appeal is taken and with the City Secretary a notice of appeal specifying the grounds thereof, and by paying a filing fee at the office of the City Secretary at the time the notice is filed.

Transmission of Record. The Responsible Official from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.

Stays of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Responsible Official certifies to the City Council or Board of Adjustment, that by reason of facts stated in the certificate a stay would, in the Responsible Official’s opinion, cause imminent peril to life or property.

Appeals Procedure to District Court.

Timing. An appeal from any action, decision, ruling, judgment, or order of the City Council or Board of Adjustment may be taken by any person or persons, jointly or severally, or any taxpayer; or any officer, department, board, or bureau of the City to the district or county court by filing notice of appeal with the City Secretary and with the Board of Adjustment within ten (10) calendar days from the filing of the decision of the board, which notice shall specify the grounds of such appeal.

Transmission of Record. Upon filing of the notice of appeal as herein provided, the court may grant a writ of certiorari directed to the board in this event, the City Council or Board of Adjustment shall transmit to the court clerk and the petitioner the original or certified copy of the papers constituting the record in the case, together with the order, decision, or ruling.

Stays of Proceedings. An appeal to the district court from the City Council or Board of Adjustment stays all proceedings in furtherance of the action appealed from, unless the mayor or chairman of the Board of Adjustment, from which the appeal is taken certifies to the court clerk, after the notice of appeal shall have been filed, that by reasons of fact stated in the certificate, a stay would, in her/his opinion, cause imminent peril to life or property.

Fees. All fees for all types of Applications, forms, plans, notifications, appeals, and petitions required under this UDC shall be established by the City Council within the Fee Schedule.

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

2.11.03 Zoning Variance.

Purpose.

The Board of Adjustment is authorized in specific cases to grant a Zoning Variance from the Zoning Regulation terms, standards, and criteria that pertains to an allowed use within a zoning district.

A Zoning Variance is authorized by this UDC when such cases are shown not to be contrary to the public interest if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in an undue hardship and so that the spirit of the ordinance shall be observed and substantial justice done; provided, however, the Board of Adjustment shall have no power to authorize a Zoning Variance provided in E below.

Zoning Variance Applicability. The Board of Adjustment is authorized in specific cases to grant a Zoning Variance from the following regulations to prevent undue hardships.

Open space (yard) dimensions.

Lot dimensions.

Floor area.

Structure height.

Building coverage.

Granting Authority.

Undue Hardship Shall Exist. The Board of Adjustment may authorize a Zoning Variance from these Zoning Regulations when, due to special conditions, an undue hardship will result from requiring compliance.

Harmony with the UDC’s General Purpose and Intent Shall Exist. A Zoning Variance may be granted only when the Zoning Variance is not contrary to the public interest and is in harmony with the general purpose and intent of this UDC so that the public health, safety, and welfare may be secured and that substantial justice may be done.

Zoning Variance Processing and Review. The Director of Planning shall process and review a Zoning Variance.

Board of Adjustment Conditions of Approval. In granting a Zoning Variance, the Board of Adjustment shall prescribe only conditions that it deems necessary for, or desirable to, the public interest.

Board of Adjustment Considerations. In making the findings within D below, the Board of Adjustment shall take into account:

The nature of the proposed use of the land involved,

Existing uses of land in the vicinity,

The number of persons who will reside or work within the proposed use, and

The probable effect such Zoning Variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.

Such findings of the Board of Adjustment, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Board of Adjustment meeting at which such Zoning Variance is granted.

Criteria for Zoning Variance Approval. No Zoning Variance shall be granted without first having given public notice and having held a public hearing on the Zoning Variance request in accordance with 2.10.04. Public Hearings and Notification Requirements and unless the Board of Adjustment finds all the following criteria are met.

Unique Circumstances. That there are special circumstances or conditions affecting the land involved such that the application of the UDC’s provisions would deprive the Applicant of the reasonable use of his/her land.

Minimum Necessary Relief Required to Alleviate the Undue Hardship. The Zoning Variance, if granted, would be the minimum necessary relief required to alleviate the undue hardship.

Preservation of Property Rights. That the Zoning Variance is necessary for the preservation and enjoyment of a substantial property right of the Applicant.

No Substantial Detriment to the Public Good. That the granting of the Zoning Variance will not be detrimental to the public health, safety or welfare, impair the purposes and intent of this UDC and the Comprehensive Plan or be injurious to other property within the area.

Orderly Use of Land. That the granting of the Zoning Variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this UDC.

Finding of Undue Hardship. In order to grant a Zoning Variance, the Board of Adjustment must make findings that an undue hardship exists, using the following criteria:

That literal enforcement of the controls will create an undue hardship or practical difficulty in the development of the affected property; and

That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district; and

That the relief sought will not injure the permitted use of adjacent conforming property; and

That the granting of a Zoning Variance will be in harmony with the spirit and purpose of these regulations.

Financial hardship alone is not an "undue hardship" if the property can be used, meeting the requirements of the zoning district in which the property is located.

Limitations on the Authority of Board of Adjustment to Grant Zoning Variances.

Land Use Zoning Variance. The Board of Adjustment may not grant a Zoning Variance authorizing a land use other than those permitted in the district for which the Zoning Variance is sought, except as specifically provided for in this UDC.

Specific Use Permit Provision. The Board of Adjustment shall have no power to grant or modify provisions of a SUP authorized under 2.10.09. Specific Use Permit (SUP) Regulations and Procedures.

Zoning Amendments.

The Board of Adjustment shall have no power to grant Zoning Text and Map Amendments.

In the event that a request for a Zoning Text Amendment or Zoning Map Amendment (Rezoning) is pending before the Planning and Zoning Commission or the City Council, the Board shall neither here nor grant any Zoning Variance with respect to the subject property until final disposition of the Zoning Text Amendment or Zoning Map Amendment (Rezoning) by the Planning and Zoning Commission and the City Council.

Pending Action.

The Board of Adjustment shall not grant a Zoning Variance for any parcel of property or portion thereof upon which a required Site Plan or any Plat is pending on the agenda of the Planning and Zoning Commission or the City Council.

All administrative and procedural remedies available to the Applicant shall have been exhausted prior to hearing by the Board of Adjustment.

Concurring Vote of 75 Percent Required. Pursuant to Texas Local Government Code 211.009.(c), the concurring vote of seventy-five (75) percent of the members of the Board of Adjustment is necessary to grant a Zoning Variance.

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

2.11.04 Zoning Special Exception.

Purpose. The Board of Adjustment is authorized to hear and decide a Zoning Special Exception to the Zoning Regulations which are not permitted by right in a particular district because of potential adverse effect, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the Board of Adjustment, where specifically authorized by D below, and in accordance with the substantive and procedural standards of the UDC.

Zoning Special Exception Defined. A Zoning Special Exception is an allowed variation from the Zoning Regulations, but is differentiated from a Zoning Variance as the term is used in this UDC by the following:

No Hardship Required. A Zoning Special Exception does not require a finding of an undue hardship.

Specifically Allowed and Pre-Determined by the UDC. Approval of a Zoning Special Exception by the Board of Adjustment is specifically provided for and defined in this UDC.

Requests for a Zoning Special Exception.

The Board of Adjustment may grant a Zoning Special Exception in accordance to the provisions of D below upon written request of the property owner.

The Director of Planning shall process and review a Zoning Special Exception.

Zoning Special Exception Authorized. When, in the Board of Adjustment’s judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the Board of Adjustment may, in specific cases, after public notice and public hearing (see 2.10.04. Public Hearings and Notification Requirements) and subject to appropriate conditions and safeguards, authorize the following Zoning Special Exceptions to the regulations herein established:

Reduction in the required number of parking spaces if the Board of Adjustment determines sufficient parking exists or is not necessary for the specified location.

Adjust any numerical standard by ten (10) percent.

Antenna Location Waiver as outlined in 4.03.07.

The Board may Impose Conditions. In granting Zoning Special Exceptions, the Board may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the provisions of this UDC.

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

2.11.05 Zoning Vested Rights Petition.

Purpose. In accordance with the Texas Local Government Code, Chapter 245 or successor statute, the purpose of a Zoning Vested Rights Petition is to determine whether one or more standards of this UDC should not be applied to a plan or Application, or whether certain permits are subject to expiration.

Applicability of a Zoning Vested Rights Petition.

Any Application. A Zoning Vested Rights Petition may be filed for an Application, permit, or plan required under Section 2. Zoning Regulations.

Prohibited Joint Submission. A Zoning Vested Rights Petition cannot be submitted by an Applicant along with submission of a request for a Zoning Vested Rights Petition to this UDC, a Zoning Map Amendment (Rezoning), or any other request for a legislative decision by the City Council.

Land and Use upon Annexation. Vested rights in land use upon annexation shall be governed by Texas Local Government Code, Section 43.002, as amended.

Petition Submission.

Filing.

A Zoning Vested Rights Petition shall be submitted to the City’s Responsible Official in accordance with the Texas Local Government Code, Chapter 245 or successor statute.

Upon receipt of a Zoning Vested Rights Petition, the Responsible Official shall consult with the City Attorney.

Stay of Further Proceedings. Submission of such petition shall stay further proceedings on the related Application until a final decision is reached on the Zoning Vested Rights Petition.

Petition Requirements. The Zoning Vested Rights Petition shall allege that the petitioner has a vested right that requires the City to review and decide the Application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include, at a minimum, the following information and documents:

Basic Owner Information. The name, mailing address, phone number and fax number of the property owner (or the property owner’s duly authorized agent).

Identification of Property and "Project".

Identification of the property for which the property owner claims a vested right.

Identification of the "project," as that term is defined in Chapter 245 at 245.001.(3).

A chronology of the history of the "project," with special emphasis on facts establishing that the project was in progress on or commenced after September 1, 1997, as required by Chapter 245 at 245.003;

Narrative Description for Purpose of Petition. A narrative description of the grounds for the petition, including a statement as to whether the petition asserts a vested right related to a specific regulation or to an entire project.

Identification of Regulations.

Identification of all City regulations in effect at the time the original Application for the permit was filed that (a) the owner contends are vested and (b) the owner contends controls the approval, disapproval, or conditional approval of an Approval for a permit, pursuant to Chapter 245 at 245.002(a) and (b).

Identification of all City regulations, with particularity and in detail, that the property owner contends do not apply to the project due to the vested rights provided the property owner by Chapter 245.

Global references to a particular ordinance, or set of criteria, may be deemed insufficient and the City may consider the request for a vested rights determination to be incomplete and, hence, not subject to a staff determination at that time.

Identification of any current City regulations which petitioner agrees can be applied to the Application at issue.

Copies of Applications. A copy of each approved or pending Application which is the basis for the contention that the City may not apply current standards to the Application which is the subject of the petition.

Submittal Date of First Application. The submittal date of the first Application that began the vesting process (i.e., first permit in the series of permits required for the project), as identified in 2.10.01. Applicability, Completeness, and Expiration.

Submittal Date of Subsequent Application. If applicable, the submittal dates of subsequent Applications for the permits for the project.

Narrative Description of How Current Regulations Affect Proposed Use. A narrative description of how the Application of current regulations affect proposed use of the land, landscaping or tree preservation, or park dedication, lot size, lot dimensions, coverage or building size shown on the Application for which the petition is filed.

Copies of Prior Vested Rights Determinations. A copy of any prior vested rights determination involving the same land.

10.

Benchmarking Project Progress for Expiring Permits or Applications. Whenever the petitioner alleges that a permit or Application subject to expiration should not be terminated, a description of the events constituting progress toward completion of the project for which the permit subject to expiration was approved.

Validity and Expiration of Different "Permits" for Vesting Purposes.

Required Plan Validity and Expiration.

Required Plan. A Site Plan, Specific Use Permit’s Site Plan, or Planned Development (PD)’s Site Plan, shall be considered a "permit" as described by State law in Chapter 245.005, as amended, of the Texas Local Government Code (TLGC) and herein be referred to as "Required Plan."

Appropriate Approval Required for a "Permit". A Required Plan shall not be considered a "permit" unless it has been approved by the appropriate entity before the effective date of these regulations, or an Application for a Required Plan is complete as of the effective date of these regulations.

Required Plan Expiration. Any approved Required Plan shall be deemed expired two (2) years from the date on which the Required Plan was originally approved by the appropriate entity if no progress (see d below) has been made toward completion of the project.

Progress Benchmarks. The term "progress" shall be as defined based on TLGC Chapter 245.005 as follows:

Plans for construction and an Application for a building permit for at least one of the buildings on the approved Required Plan are submitted within two (2) years following approval of the Required Plan;

ii.

A good-faith attempt is made to file with the City an Application for a permit necessary to begin or continue towards completion of the project;

iii.

Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent (5%) of the most recent appraised market value of the real property on which the project is located;

iv.

Fiscal security is posted with the City to ensure performance of an obligation required by the City; or

Utility connection fees for the project have been paid to the City.

Required Plan Expiration. If one of the items listed in d.i through d.v above is not accomplished within the two (2) year period, the approved Required Plan shall expire upon the second (2nd) anniversary of its approval by the appropriate entity, and shall become null and void.

Required Plan Extension and Reinstatement Petition.

Prior to the expiration of a Required Plan, the Applicant may petition the City (in writing) to extend the Required Plan approval.

ii.

The Director of Planning shall be the Responsible Official for processing and review of the Application.

iii.

Such petition shall be recommended for approval or denial by the Planning and Zoning Commission, and shall be granted approval or denied by the City Council.

iv.

If no petition is submitted, then the Required Plan shall be deemed to have expired and shall become null and void.

(a)

Any new request for Required Plan approval thereafter shall be deemed a "new permit", and shall be submitted with a new Application Form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this Section.

(b)

The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new Application is made.

In determining whether to grant a request for extension, the Planning and Zoning Commission and City Council shall take into account the following:

(a)

The ability of the property owner to comply with any conditions attached to the original approval, and

(b)

The extent to which development regulations would apply to the Required Plan at that point in time.

Building Permit Site Plan Validity and Expiration. A Site Plan required as part of a building permit Application shall be considered a "permit" as described by State law in Chapter 245.005, as amended, of the Texas Local Government Code (TLGC).

Building Permit Site Plan Expiration. Any approved Building Permit Site Plan shall be deemed expired two (2) years from the date on which the Building Permit Site Plan was approved if no progress has been made toward completion of the project.

Progress Benchmarks. The term "progress" shall be as defined based on TLGC Chapter 245.005 as follows:

Plans for construction and an Application for a building permit for at least one of the buildings on the approved Building Permit Site Plan are submitted within two (2) years following approval of the Building Permit Site Plan.

ii.

A good-faith attempt is made to file with the City an Application for a permit necessary to begin or continue towards completion of the project;

iii.

iv.

Fiscal security is posted with the City to ensure performance of an obligation required by the City; or

Utility connection fees or impact fees for the project have been paid to the City.

Expiration. If one of the items listed in b.i through b.v above is not accomplished within the two (2) year period, then the approved Building Permit Site Plan shall expire and shall become null and void.

Building Permit Site Plan Extension and Reinstatement Petition.

Prior to the expiration of a Building Permit Site Plan, the Applicant may petition the City (in writing) to extend the Building Permit Site Plan approval.

ii.

The Director of Planning shall be the Responsible Official for processing and review of the Application.

iii.

Such petition shall be recommended for approval or denial by the Planning and Zoning Commission, and shall be granted approval or denial by the City Council.

iv.

If no petition is submitted, then the Building Permit Site Plan shall be deemed to have expired and shall become null and void.

(a)

Any new request for Building Permit Site Plan approval shall be deemed a "new permit", and shall be submitted with a new Application Form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this Section.

(b)

The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new Application is made.

In determining whether to grant a request for extension, the Planning and Zoning Commission and City Council shall take into account the following reasons for the lapse.

(a)

The ability of the property owner to comply with any conditions attached to the original approval, and

(b)

The extent to which development regulations would apply to the Building Permit Site Plan at that point in time.

Planned Development Master Plan - Validity and Expiration. In conformance with TLGC Chapter 245, as amended, the Applicant shall retain the following additional rights related to an approved Planned Development Master Plan.

Preliminary Plat Submittal within Two (2) Years Required.

An Application for a Preliminary Plat shall be submitted for approval within two (2) years of the date of approval of a Planned Development Master Plan, unless otherwise provided in the PD adopting ordinance.

ii.

If a Preliminary Plat consistent with the Planned Development Master Plan is not submitted within such period, the Planned Development Master Plan shall expire.

Expiration of an Approved Planned Development Master Plan.

Expiration of an approved Planned Development Master Plan (based on a above) shall result in suspension of the ability to submit a Preliminary Plat related to the original Planned Development Master Plan.

ii.

A new Planned Development Master Plan must be submitted before the development process can continue.

Expiration of an Approved Preliminary Plat.

The expiration of an approved Preliminary Plat shall be governed by the provisions of Section 3. Subdivision Regulations and Development Standards and this UDC.

ii.

If a required Development Application (e.g., Preliminary Plat, Final Plat, building permit) is submitted within the two (2) year period, but such Development Application subsequently expires, the associated Planned Development Master Plan shall also expire.

Ability to Retain the Rights to the Planned Development (PD) Project. In conformance with TLGC Chapter 245, as amended, the Applicant shall retain the following rights related to a proposed Planned Development (PD) following submittal and approved of a Planned Development Master Plan.

Ability to Submit Applications for Five (5) Years.

The Applicant shall retain the ability to submit a new Planned Development Master Plan for a period of five (5) years following the original Planned Development Master Plan approval.

ii.

Such new Planned Development Master Plan may only be for a substantially similar PD project.

iii.

However, any such new Planned Development Master Plan shall adhere to any and all new standards and regulations that the City has adopted in relation to a Planned Development Master Plan or any other PD Application requirements.

Expiration of Project in Five (5) Years. Any PD project for which no Preliminary Plat has been submitted for a period of five (5) years following the approval of the related Planned Development Master Plan shall expire on the last day of that five (5) year period.

Planning and Zoning Commission Consideration.

After such five (5) year period has ended and the project expires, the Planning and Zoning Commission shall consider whether the undeveloped land within the PD District should be changed to another zoning classification in accordance with the procedures for a zoning amendment pursuant to 2.10.03. Zoning Text and Map Amendments.

ii.

The Commission thereafter shall recommend to the City Council whether the right to submit a Preliminary Plat or other Development Application for the same PD project should be reinstated, or whether the property should be rezoned to another classification.

City Council Consideration.

The Commission’s recommendation (as outlined in c above) shall be considered by the City Council in accordance with procedures for a zoning amendment pursuant to 2.10.03. Zoning Text and Map Amendments.

ii.

The Council shall determine whether the right to submit the Preliminary Plat or other Development Application for the same PD project should be reinstated, or whether the property should be rezoned to another classification.

iii.

In making such determination, the Council shall consider the following factors:

(a)

Whether the Planned Development (PD) remains consistent with the Comprehensive Plan;

(b)

Whether the uses authorized in the Planned Development (PD) are compatible with existing and planned land uses adjacent to the site;

(c)

Whether there are extenuating circumstances justifying the failure to submit a Preliminary Plat or other Development Application during the applicable time period; and

(d)

Whether rezoning the property to another classification constitutes confiscation of a vested property right or deprives the owner of the economically viable use of the land.

Council Action. Upon the above subsections occurring, the City Council may take the following actions:

Reinstate the right to submit the Preliminary Plat or other Development Application for the original PD project within a certain time period, subject to any conditions that may be appropriate to ensure that significant progress will be made toward development of land within the PD district;

ii.

Modify the PD district regulations applicable to the property; or

iii.

Repeal the PD district for portions of the property and zone such property to another zoning district classification.

Decision of a Zoning Vested Rights Petition.

Review of a Zoning Vested Rights Petition. The Responsible Official shall promptly forward the owner’s vested rights request, along with any supporting information or documentation provided along with the request, to the Director of Planning and City Attorney for their respective reviews.

Decision on a Zoning Vested Rights Petition.

The Director of Planning, after consultation with the City Attorney, shall issue a final administrative determination of whether a vested right exists in relation to the project, and shall identify, with particularity, all claims for vested rights that have been granted and all claims for vested rights that have been denied.

The Director of Planning shall issue a final administrative determination with thirty (30) business days from the receipt of the Responsible Official.

Vesting Pre-Determination Conference. Prior to rendering the final determination, the Director of Planning may request a pre-determination conference with the owner to discuss the owner’s vested rights claim and to ensure that the nature of the claim is fully and completely understood by the Director of Planning prior to a final determination being rendered.

Appeal to the Council of a Decision on a Zoning Vested Rights Petition.

If the property owner or the City Council believes that the Director of Planning’s vested rights determination is in error, the property owner or City Council shall have the right to appeal within thirty (30) business days of such determination to the City Council, which will have jurisdiction to hear and decide the appeal pursuant to this UDC and Chapter 211 of the Texas Local Government Code.

The property owner may also request the Board of Adjustment to grant a Zoning Variance from the regulations at issue under the same standards governing Zoning Variances for other matters, as set forth in this UDC or Chapter 211 of the Texas Local Government Code.

Judicial Review.

Should the property owner or any aggrieved person be dissatisfied with the actions of the City Council, they may avail themselves of all legal remedies to review the decision as set forth in Section 211.011 of the Texas Local Government Code.

Binding Determination.

The Director of Planning’s final determination, if not appealed to the City Council within thirty (30) business days, shall be immediately filed in the City’s files related to the project and the determination shall be considered binding upon the City and the property owner for the duration of the project.

Similarly, any decision by the City Council regarding a vested right claim shall be filed in the City’s files related to the project and the determination shall be considered binding upon the City and the property owner for the duration of the project.

Notwithstanding the binding nature of the Director of Planning’s final determination and any ruling by the City Council, the City and the property owner may, at any time, enter into a development agreement that, to the extent authorized by law, modifies the final determination and the applicable development regulations to be applied to the project.

Action on Petition and Order.

Action on the Petition. On a petition or appeal, the Director of Planning or City Council may take any of the following actions:

Deny the relief requested in the petition, and direct that the Application shall be reviewed and decided under currently applicable standards;

Grant the relief requested in the petition, and direct that the Application be reviewed and decided in accordance with the standards contained in identified prior regulations; or

Grant the relief requested in part, and direct that certain identified current standards be applied to the Application, while standards contained in identified prior regulations also shall be applied.

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