City of Haslet, TX Article II Procedures and Administration

§ 2.1 PURPOSE & ORGANIZATION.

2.1.1 

Purpose

This chapter describes the procedures for review of applications for all zoning ordinance related development activity in the City of Haslet. This chapter is intended to ensure consistency and efficiency in the administration of this Ordinance.

2.1.2 

Summary of Article’s Organization

A. Section 2.2, Review Authorities, describes the duties and membership of the boards, commissions, and any other bodies that may have review and decision-making authority under this Ordinance.

B. Section 2.3, Summary of Review Procedures, includes a summary table listing the zoning approval procedures in this Ordinance.

C. Section 2.4, Common Review Procedures, describes standard procedures that are applicable to most types of applications.

D. Section 2.5, Specific Review Procedures, describes additional procedures unique to specific Policy Related Application types including annexations, amendments to the zoning map or this Ordinance, approval of Planned Developments (PDs), and zoning of annexed territory.

E. Section 2.6, Enforcement and Penalties, describes procedures through which the City will ensure compliance with the provisions of this Ordinance and sets forth the remedies and penalties that apply to violations.

(Ordinance 030-2017 adopted 11/20/17)

§ 2.2 REVIEW AUTHORITIES.

2.2.1 

City Council of the City of Haslet

A. 

POWERS AND DUTIES:

In addition to any authority granted to the City Council by State law, City Charter, or other City ordinances, the City Council of the City of Haslet may:

1. Adopt, make modifications to, and implement the comprehensive plan and supporting studies;

2. Amend, supplement, or change the regulations established in this Ordinance;

3. Amend, supplement, or change the zoning district boundaries;

4. Establish fees for processing development applications, zoning verification letters, zoning maps, or other applications required by this Ordinance;

5. Grant, deny, or impose conditions for, a Specific Use Permit consistent with the purposes stated in Article II, and

6. Appoint and remove members of the Planning and Zoning Commission (P&Z), Zoning Board of Adjustment (ZBA), Parks and Recreation Board, and any other Board or Commission of the City.

2.2.2 

Planning and Zoning Commission

A. 

POWERS AND DUTIES:

The Planning and Zoning Commission shall have all powers, discretion, and duties established by the Texas Local Government Code (TXLGC) Chapters 211 and 212. The Planning and Zoning Commission shall have the powers and duties set forth in Section 2.3, Summary of Review Procedures, to be carried out in accordance with the terms of this Ordinance. In addition, the Planning and Zoning Commission shall have the following responsibilities, also to be carried out in accordance with the terms of this Ordinance:

1. Provide analysis and recommendations to the City Council regarding the Comprehensive Plan and other plans related to land use, thoroughfares, infrastructure, open space and recreation and related long-range growth policy per City Council’s direction; and amendments to this Ordinance and to the zoning map.

2. Provide guidance to the City Council in accomplishing coordinated, adjusted, and harmonious development of the City of Haslet and its environs that will, in accordance with the present and future needs, best promote health, safety, order, convenience, and general welfare, as well as efficiency and economy in the process of development

3. At the request of City Council, the ability to conduct studies, analysis, and public hearings regarding amendments to relevant sections of this Ordinance; the zoning map; the zoning districts; the City of Haslet’s Comprehensive Plan; any other applicable plans; or portion thereof for the purpose of recommending revision or adoption by the City Council as required or permitted by TXLGC.

4. In carrying out their duties the Planning and Zoning Commission considerations may include, but are not limited to surveys of present conditions; projections of future growth of the City of Haslet; Site Plans of individual projects; the relationship of developments to the surrounding environment and the community; adequate provision for vehicular and pedestrian circulation; the promotion of safety from fire, floodwaters and other dangers; adequate provision for light, air and solar access; the promotion of healthful distribution of population; the promotion of good civic design and arrangement; wise and efficient expenditure of public funds; the promotion of energy conservation; the protection of environmentally sensitive areas; the adequate provision of public utilities, open space and other public requirements; provisions of this Ordinance; and input from the staff, the applicant, and the general public.

B. 

ORGANIZATION AND MEMBERSHIP.

1. The Planning and Zoning Commission shall consist of five (5) members and two alternate members appointed by the City Council (as Place 1 through 7). The alternate members shall act in the absence of any regular member.

2. The term of office of the members of the P&Z shall be unlimited terms of two (2) consecutive years. All terms of the members and alternates shall commence from the time of appointment by the City Council at the second City Council meeting in September. The standard expiration date for terms shall be September 30th of each calendar year. All odd-numbered Places shall expire in odd years and even-numbered Places shall expire in even years.

3. Vacancies due to other reasons than from the expiration of a Commissioner’s term shall be filled for the remainder of the unexpired term by the appointment of the City Council. The appointment procedure for vacancies is the same as for an original appointment.

4. The City Council shall appoint from the P&Z membership a chair at the same City Council meeting as the appointment of the P&Z members. P&Z may elect a vice-chair and other officers as is deemed necessary.

5. Members shall serve at the will and pleasure of the City Council. Any member of the P&Z may be removed by majority vote of the City Council, after public hearing for any cause, including but not limited to, absence, inefficiency, neglect of duty, or malfeasance in office.

6. The appointments of existing members and alternates to the P&Z are hereby ratified, and such terms shall continue until a successor lawfully takes office, until the expiration of the terms ratified by this subsection, or until the member resigns or is removed.

C. 

MEETINGS, HEARINGS, AND PROCEDURES.

1. All meetings and hearings of the P&Z are subject to State laws governing open meetings.

2. Any action calling for a formal vote shall take place only at a public meeting with a quorum.

3. A quorum of the P&Z Commission shall be three (3) members.

4. Executive sessions shall not be open to the public and shall be conducted in accordance with the procedures consistent with the statutes of the State of Texas.

5. The P&Z may adopt its own rules of procedure consistent with Texas law and City ordinances. All meetings and hearings of the P&Z shall be conducted in accordance with the procedures set forth in these regulations and rules of procedure.

6. The P&Z shall keep a written record of all its proceedings. The City Secretary or a representative designated by the Commission shall serve ex officio as secretary of the commission, but shall have no vote.

7. The P&Z shall hold regular meetings and shall designate the time and place of the meetings. The P&Z may hold special meetings as provided in its rules of procedure.

2.2.3 

Zoning Board of Adjustment

A. 

POWERS AND DUTIES:

The Zoning Board of Adjustment (ZBA) has the powers assigned in Texas Local Government Code sec. 211.009 and in Section 2.5.6 [Section 2.5.5], Zoning Variances and Appeals and Section 6.2.4, Loss of Legal Nonconformity Status and Section 6.5 Amortization of Nonconforming Uses, Structures, or Sites of this Ordinance.

B. 

ORGANIZATION AND MEMBERSHIP:

1. Pursuant to Section 211.008(g), Local Government Code, the five (5) members of the City Council of the City of Haslet, Texas shall serve as the Zoning Board of Adjustment.

2. All cases heard by the Zoning Board of Adjustment must be heard by a minimum of four (4) members, not including the Mayor.

3. The Mayor of the City of Haslet shall serve as the chairman/presiding officer of the ZBA, and shall not vote except to break a tie; however, in the absence of one or more regular members, the Mayor shall serve as an alternate member of the ZBA, and in that instance shall vote on matters pending before the ZBA.

4. The Mayor, or in the Mayor’s absence, the acting chairman, may administer oaths or compel the attendance of witnesses.

C. 

MEETINGS, HEARINGS, AND PROCEDURES:

1. All meetings, hearings and procedures of the ZBA are subject to Texas Local Government Code Chapter 211, the Board’s rules of procedure, and this section.

2. Any case before the ZBA must be heard by at least 75 percent of its regular members (four out of five regular members).

3. The ZBA shall adopt rules governing its proceedings, consistent with this section and the TXLGC.

4. All meetings and hearings of the ZBA shall be open to the public.

5. The ZBA shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The ZBA shall keep records of its examinations and other official actions. The City Secretary or a representative designated by the ZBA shall serve ex officio as secretary of the ZBA, but shall have no vote. The minutes shall be filed immediately in the ZBA secretary’s office and are public records.

2.2.4 

Administrator

A. 

POWERS AND DUTIES.

1. The Administrator is the City Administrator, or the City Administrator’s designee, authorized to enforce and administer the terms of this Ordinance.

2. The Administrator shall maintain and have the duty of care, custody, and control of the records of the P&Z and the ZBA.

3. The Administrator shall attend meetings and make recommendations on all matters pertaining to planning, zoning, and land development.

4. The Administrator may approve minor modifications to development standards and to minor changes to approved plans or PD Development Plans where indicated in Section 2.5, Specific Review Procedures.

5. The Administrator shall determine whether an application substantially complies with this Ordinance or conditions of approval, where authorized by Section 2.4, Common Review Procedures and Section 2.5, Specific Review Procedures.

6. The Administrator shall interpret this Ordinance and the Official Zoning Map, unless the authority to interpret a provision of this Ordinance is assigned to another agency. All interpretations by the Administrator are subject to appeal to the ZBA.

(Ordinance 030-2017 adopted 11/20/17; Ordinance 039-2019 adopted 12/9/19; Ordinance 040-2019, secs. 1-2, adopted 12/9/19)

§ 2.3 SUMMARY OF REVIEW PROCEDURES.

The following table (2.3-1) summarizes the major procedures for review of applications for land use and development activity. Not all procedures addressed in this chapter are summarized in this table; see the subsequent sections of this chapter for additional details on each procedure.

Table 2.3-1: Summary of Common Review Procedures
(Shaded row = Public Hearing required)
Major Application Types	Pre-Application Meeting X = Mandatory O = Optional	Administrator	Planning and Zoning Commission	Zoning Board of Adjustment	City Council	Section Reference
		R = Review/Recommendation; F = Final Action; A = Appeal
POLICY & DEVELOPMENT RELATED APPLICATIONS
Amendment to the Zoning Ordinance Text	O	R	R		F	Sec. 2.5.1
Zoning Map Amendment (rezoning)	O	R	R		F	Sec. 2.5.1
Concept Plan	X	R	R		F	Sec. 2.5.2
Development Plan	X	R	R		F	Sec. 2.5.4
Specific Use Permit	O	R	R		F	Sec. 2.5.3
Site Plan*	X	R	R		F	Sec. 2.5.4
FLEXIBILITY AND RELIEF PROCEDURES
Zoning Variance and Appeals	O	R		F		Sec. 2.5.5
Administrative Modifications	O	R/F	A		A	Sec. 2.5.6

NOTES:

*Pre-applications required for Site Plans in the PD and Mixed Use zoning districts.

(Ordinance 030-2017 adopted 11/20/17)

§ 2.4 COMMON REVIEW PROCEDURES.

2.4.1 

Applicability

This section describes the procedural elements common to all applications (see Figure 2.1). Additional procedures that apply to specific applications are provided in Section 2.5, Specific Review Procedures. Generally, the procedures for all applications have six common elements:

A. Pre-application meeting (as required or optional in Table 2.3-1);

B. Submitting all information required for a complete application, including required fee payments;

C. Determination of completeness;

D. Review of the application by appropriate staff, agencies, and boards;

E. Notice;

F. Action to approve, approve with conditions, or deny the application;

G. Appeals, if any; and

H. Actions authorized by the permit and the time period for exercising rights under the order or permit.

Figure 2.1 Common Review Procedures

2.4.2 

Compliance with State and Federal Law

All procedures and requirements for approvals under this Ordinance shall comply with the Texas Local Government Code and other applicable state or federal laws, rules, or regulations. If these requirements conflict with the Texas Local Government Code, the Texas Local Government Code requirements control.

2.4.3 

Pre-Application Meeting

A. 

PURPOSE:

The purpose of the pre-application meeting is to provide an opportunity for an informal evaluation of an applicant’s proposal and for the applicant to become familiar with the City of Haslet’s submittal requirements, development standards, and approval criteria. The Administrator or designee may provide recommendations and/or inform the applicant of any potential issues that might be presented to the applicable decision-making body. This provides an opportunity to address any major issues before the applicant and the city spend substantial time and expense on the application.

B. 

APPLICABILITY:

A pre-application meeting is required prior to certain types of applications, as listed in Table 2.3-1 and Section 2.5, Specific Review Procedures. Applications for these types of approvals may not be accepted until a pre-application meeting is completed.

C. 

MEETING PROCESS:

City staff shall coordinate with the applicant and facilitate the meeting, including scheduling the time and location of the meeting. At the meeting, city staff may:

1. Determine the required application(s) and the timing of multiple application submittals (i.e., whether they may be processed concurrently or must be processed sequentially);

2. Provide the applicant with application materials and inform the applicant of submittal requirements and procedures;

3. Provide the applicant with an estimated time frame for the review process;

4. Based on a conceptual plan of the proposal (if required), generally discuss compliance with the Ordinance’s zoning, use, density, and design and development standards, and attempt to identify any potentially significant issues regarding compliance;

5. Refer the applicant to other departments or agencies to discuss any potential significant issues prior to application submittal; and

6. Consider or answer questions by the applicant relating to the application process, the standards established in this Ordinance, required documents, fees, and any other inquiries relating to the application.

7. Applicants are advised that the meeting should take place prior to any substantial investment in time or resources, such as a land acquisition for a proposed development, site and engineering design, or the preparation of other data.

8. The informal evaluation and recommendations provided by the staff during a pre-application meeting shall not be considered binding upon the applicant or the City.

2.4.4 

Application Submittal and Completeness Determination

A. 

APPLICABILITY:

This section applies to any application that is subject to this Ordinance.

B. 

APPLICATION MATERIALS:

The applicant shall submit to the Administrator all the information required in the application packet, along with any information identified in any pre-application meeting and all required information stated elsewhere in this Ordinance for the type of application.

1. No application is complete unless all the information required by Section 2.5, Specific Review Procedures, and any application materials required by the Administrator are included, and all required application fees are paid. An application is not considered filed until it is complete. The Administrator may allow the applicant to submit any required information later in the review process to complete final action on the application.

2. The applicant shall file an application in advance of any required public hearing or public meeting where the application is considered. The Administrator may establish a schedule for filing and reviewing any application that requires action by the City Council, P&Z, ZBA, or Administrator. The schedule shall provide adequate time for review, notice and/or publication consistent with the applicable Statutes and this Ordinance. Completed applications shall be filed according to any published schedule.

C. 

COMPLETENESS DETERMINATION:

1. The Administrator shall make a determination of application completeness within ten (10) business days of application filing. If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this Ordinance.

2. An application will be considered complete if it is submitted in the required form, includes all mandatory information and supporting materials specified in the application packet, this Ordinance, by the Administrator and is accompanied by the applicable fee.

3. If the application is determined to be incomplete, the Administrator shall provide notice to the applicant that includes an explanation of the application deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected. An incomplete application shall be deemed to expire on the 45th day after the application is submitted to City Staff for processing if the applicant fails to provide documents or other information necessary to meet the requirements of this Ordinance as specified in the determination provided to the applicant. Upon expiration, the application will be returned to the applicant together with any accompanying documents. Fees paid for an expired application will not be refunded. Thereafter, a new application must be submitted. All subsequent re-filings will be subject to fees per the City’s fee schedule.

4. If any false or misleading information is submitted or supplied by an applicant on an application, that application will be deemed void and a new application must be submitted together with payment of applicable development review fees.

5. Whenever this Ordinance establishes a time period for processing an application, the time period does not begin until the Administrator has reviewed the application for completeness and, if necessary, the applicant has corrected all deficiencies in the application.

2.4.5 

Application Review

A. Following a determination that an application is complete, the Administrator shall circulate the application to staff and appropriate City departments and other entities for review.

B. In addition to the reviews summarized in Table 2.3-1, the Administrator may also refer applications to other boards, commissions, government agencies, and nongovernmental agencies not referenced in this Article.

C. The Administrator may request a meeting with the applicant to discuss the application and any written comments. Based on the written comments, the applicant shall have an opportunity to revise the application prior to further processing. Additional submittals and reviews may be subject to additional fees as determined by the Administrator.

D. If a public hearing is required for an application, the Administrator shall prepare a staff report once written comments have been adequately addressed according to the Administrator. The staff report shall be made available to the applicant and to the public prior to the scheduled public hearing on the application. The staff report shall indicate whether, in the opinion of the Administrator, the application complies with all applicable standards of this Ordinance.

2.4.6 

Public Notice

A. 

TYPES OF NOTICES REQUIRED:

All public hearings before the City Council, P&Z, or ZBA shall be preceded by the following notices and as required by Table 2.4-1:

1. 

Written Notice:

The Administrator shall send written notice by prepaid first-class mail postage, not less than ten (10) days prior to the hearing, to the applicant and to all property owners within 200 feet (measured from property boundaries) of the subject property in the most recently approved tax roll of the city.

2. 

Published Notice:

When published notice is required, the Administrator shall prepare the content of the notice and publish the notice in an official newspaper or a newspaper of general circulation in the City, not less than ten (10) days prior to the hearing. The content and form of the published notice shall be consistent with Chapter 211, Texas Local Government Code.

3. 

Posted Notice:

Posted Notice: When a posted notice is required per Table 2.4-1, the notice shall be posted at the Administrator’s direction not less than ten (10) days prior to the hearing. The required notification signage shall remain on the property until final action on the application and shall be promptly removed thereafter. It shall be unlawful to intentionally or knowingly tamper with, alter, deface or remove a notification sign that has been posted pursuant to this section.

Table 2.4-1: Summary of Notice Requirements
Application	Published	Written	Posted
Amendment to the Zoning Ordinance Text	✓
Zoning Map Amendment (rezoning)	✓	✓	✓
Concept Plan, Development Plan, or Site Plan	✓	✓	✓
Specific Use Permit	✓	✓	✓
Variance	✓	✓
Appeal of Administrative Decision	✓	✓

B. 

CONTENT OF THE NOTICE:

Notices, whether by publication or mail (written notice), shall, at minimum:

1. The time, date, and place of the hearing;

2. The address or description of the property involved (if any);

3. The purpose of the hearing, including the nature and scope of the proposed action;

4. The name of the board or commission to hold the hearing; and

5. Where additional information on the matter may be obtained.

2.4.7 

Public Hearing and Approval Procedures.

This section identifies public hearing and approval procedures for applications that are subject to this Ordinance. Additional procedures and criteria for specific types of applications are located in Section 2.5, Specific Review Procedures. All approval procedures shall comply with the Texas Local Government Code and this Ordinance. If these requirements conflict with the Local Government Code, the Local Government Code controls.

A. 

PUBLIC HEARINGS:

1. 

Testimony:

Any person may appear at a public hearing and give comment (P&Z), testimony (ZBA) or submit written materials, either individually or as a representative of an organization.

2. 

Staff Report:

The Administrator shall submit a written report to the recommending or decision-making authority. The Administrator’s report shall include the reports and recommendations of other City departments, as applicable.

3. 

Postponement:

An applicant may request, but is not entitled to receive, a postponement of the scheduled public hearing. If any publication or notice is provided by the City, the applicant is responsible for any costs or fees associated with the postponement.

4. 

Continuance:

The decision-making body may continue a hearing to a specified date, time, and place. Such a date shall be made part of the motion and publicly announced at the public hearing. Publication or property owner notification of the continued date is not required, unless required by state law or recommended by the decision-making body or the Administrator.

5. 

Tabling a Decision:

A decision-making body may close a public hearing and table the decision. The decision to table shall appear on each subsequent agenda unless the decision is deferred to a specific date.

6. 

Decision:

After consideration of the application, the staff report, and the comment or evidence from the public hearing (as applicable), the decision-making body shall approve, approve with conditions, or deny the application based on the applicable approval criteria. Written notification of the decision shall be provided by the Administrator to the applicant within fifteen (15) business days following the decision.

B. 

APROVAL CRITERIA:

1. All applications shall comply with all applicable standards in this Ordinance and other adopted City ordinances and conform to design requirements and construction standards as set forth in the most current version of the City’s Subdivision Regulations and adopted infrastructure standards.

2. The proposed provision and configuration of public improvements shall be adequate to serve the development and conform to the City’s adopted master plans.

3. All applications shall comply with any applicable federal or State relevant jurisdictions’ regulations. This includes, but is not limited to, Department of Transportation (DOT), wetlands, water quality, erosion control, and wastewater regulations.

4. All applications shall comply with any adopted or approved interlocal agreements with Tarrant and/or Denton Counties or other affected public entities and Municipal Utility District (MUD) agreements.

5. The decision-making body may impose conditions reasonably calculated to achieve or maintain compliance with all applicable criteria.

6. The decision-making body may incorporate or require, as part of a condition of approval, a written agreement between the applicant and the City that enforces the conditions.

7. The application shall also be generally consistent with the Comprehensive Plan and any adopted policy document.

2.4.8 

Withdrawal and Reapplication

A. 

GENERALLY.

1. 

Prior to a Public Hearing:

a. An applicant may withdraw an application, without prejudice, at any time, before it is placed on the agenda of a public hearing or meeting or before the Public Hearing or meeting.

b. The applicant shall submit a written withdrawal request to the Administrator.

c. After it is withdrawn, the City shall not take further action on the application.

d. To re-initiate review, the applicant shall submit a new application and fee.

2. 

During or after a Public Hearing:

a. An applicant may withdraw an application, with prejudice, during and after a Public Hearing.

b. The applicant may either do so in writing or in person at the Public Hearing.

c. After it is withdrawn, the City shall not take further action on the application.

d. The applicant may not submit an application for materially the same project for a time period of at least six months from the date of withdrawal.

e. If the applicant does materially change the application, it may be submitted any time after the original application withdrawal.

f. A reapplication shall be considered as a new application.

B. 

REAPPLICATION.

1. When an application submitted pursuant to this Ordinance is denied, no new application for the same or substantially the same request, as determined by the Administrator, shall be submitted or accepted within one year of the date of the denial unless:

a. The Administrator determines that the resubmitted application corrects any deficiencies identified in the original application, and

b. Resubmittal of the application complies with applicable Texas law.

2. Resubmittals are subject to all processing fees, submittal requirements, and review standards in effect at the time the resubmittal is accepted by the Administrator.

2.4.9 

Modifications

Unless otherwise provided in this Ordinance for a particular type of application, any modifications of approved plans, permits, or conditions of approval shall require a new application that is submitted and reviewed in accordance with the full procedure and fee requirements applicable to the particular type of the original application.

2.4.10 

Expirations

A. Where applicable, the lapse of approval time frames established by this Ordinance, due to inactivity on the project, may be extended no more than twice in one-year increments by the Administrator only when all the following conditions exist:

1. An extension request shall be filed prior to the applicable lapse-of-approval deadline;

2. The extension request must be in writing and include reasonable justification evidencing extraordinary circumstances; and

3. No requirements or standards of this Ordinance have been significantly altered as to affect the original approval.

B. Any extension beyond the two increments of one-year each may only be granted by the decision-making body that granted the original approval.

(Ordinance 030-2017 adopted 11/20/17)

§ 2.5 SPECIFIC REVIEW PROCEDURES.

2.5.1 

Zoning Change and Zoning Text Amendment Procedures

All zoning changes and text amendments require a public review process that includes public hearings at the P&Z and City Council. The City Council shall be the final authority for approval of these applications after a recommendation from the P&Z.

The procedures for all zoning change amendment applications shall be as follows (see Figure 2.2):

A. Pre-application meeting per Section 2.4.3 (optional). Any of the following parties may initiate a zoning change or text amendment request:

1. The City Council on its own motion, or on petition of an interested property owner,

2. The P&Z, or

3. The Administrator.

B. Application submittal per Section 2.4.4

C. Completeness Determination per Section 2.4.4

D. Application Review per Section 2.4.5

E. Notice procedures for the type of policy application per Section 2.4.6 (see Table 2.4-1)

F. 

Approval Procedure:

1. 

Planning and Zoning Commission Action:

The P&Z shall hold a public hearing on any zoning change or zoning text amendment application. The P&Z shall forward a report that may include recommendation for approval, approval with conditions, or denial of the application to the City Council.

2. 

Action by City Council:

The City Council has final authority to approve, approve with conditions, or deny any proposed zoning change or policy related application request.

G. 

Additional Review and Approval Criteria:

Table 2.5-1 shall establish additional review and approval criteria for the Administrator, the P&Z and City Council for different policy related applications.

Figure 2.2: Zoning Change and Text Amendment Process

Table 2.5-1: Additional Standards and Criteria for Policy Related Applications
Application	Additional Review Standards & Approval Criteria
Zoning Text Amendment	1. Planning and Zoning Commission and City Council Criteria: i. Any of the general criteria in Section 2.4.7.B. ii. Whether the proposed amendment is supported by sound planning principles. iii. Whether the amendment promotes the public health, safety, & welfare. iv. Whether the amendment is appropriate for any of the following reasons: a. A material change in circumstances. b. The amendment would avoid an unnecessary hardship to the applicant or affected property owners. c. The amendment corrects an error or omission made when this Ordinance was adopted or last amended. v. Whether the amendment is otherwise in the best interest of the City. vi. Any other factors required or allowed by Texas law.
Zoning Change	1. Planning and Zoning Commission and City Council Criteria: i. As a legislative decision, the decision of a zoning change is subject to the City Council’s discretion. The P&Z and City Council may consider any or all of the following factors, along with any other relevant facts or circumstances: a. The Comprehensive Plan and other adopted plans, b. The character of the surrounding neighborhood, and c. Any other factors required or allowed by Texas law and case law. ii. Protest Petition: In the case of a valid protest petition, the rules covering protest petitions in the Texas Local Government Code Chapter 211 shall apply. A 3/4 vote (super majority) by City Council shall be required in case of a protest petition. The Administrator may prescribe the forms to be used for protest petitions. iii. A Concept Plan shall be required with any zoning change request to either the Mixed Use District or PD Planned Development Districts.

2.5.2 

Concept Plan Procedures

A. 

PURPOSE AND INTENT:

The purpose of a Concept Plan is to allow opportunity for the P&Z and City Council to preview various development-related aspects of a project, including proposed major street patterns; land use and development patterns and trends; environmental issues and constraints; development character and design standards; conformance to the Comprehensive Plan and other adopted plans, this Ordinance, Subdivision Ordinance, and other applicable plans and guidelines; and the property’s relationship to adjoining areas. Review of a Concept Plan also assists the City in evaluating the possible impacts of the proposed development in terms of provision of essential public facilities and services, respecting and preserving important natural features and the environment, provision of open space and recreational opportunities, and protecting the general health, safety and welfare of the community.

B. 

APPLICABILITY:

Submission and approval of a Concept Plan is the first step in the approval process for all development within the Mixed Use and PD Planned Development Districts.

C. 

APPLICATION REQUIREMENTS:

1. For Concept Plans, there is no minimum acreage requirement but it shall be prepared at sufficient scale to show how the proposed project will fit into the surrounding context in terms of connectivity, adjacent uses, infrastructure, etc.

2. Any amendments to Concept Plans beyond minor modifications as established in Table 2.5-2 shall be brought back through the public process for the entire acreage included in the originally approved Concept Plan.

3. Any additions to previously approved Concept Plans shall be contiguous with the originally approved Concept Plan.

D. 

REVIEW PROCEDURES:

All Concept Plans shall follow a public review process that includes public hearings at the P&Z and City Council. The City Council shall be the final authority for approval of these applications after a recommendation by the P&Z. The procedures for all Concept Plan applications shall be as follows (see Figure 2.3):

1. 

Pre-application Meeting:

In addition to the procedures established in Section 2.4.3, at a pre-application meeting with staff, the potential applicant shall provide a preliminary conceptual plan, which shall include, at minimum:

a. Proposed uses within the district (based on the zoning district standards) and their location;

b. Number and type of dwelling units, as applicable;

c. Square footage and heights of proposed nonresidential uses, as applicable;

d. Proposed parking capacity and configuration;

e. Conceptual drawings of proposed structures, internal circulation systems, street and block layout of the development, and such other site information as may be required by the City; and

f. An assessment of the compatibility of the uses, building configuration and design of the proposed project with the surrounding neighborhood and future uses in the Comprehensive Plan. Include specific discussion on how land use transitions between existing and proposed development will be addressed (transition uses, buffers, screening, etc.)

2. 

Application Submittal:

A Concept Plan application shall include the following:

a. A statement indicating the ownership of all interest in the property included in the Concept Plan, with the written consent of all owners and evidence of title;

b. A master plan indicating the broad concept of the proposed development, its conformance to the zoning district standards, any sub-districts, the location of different land uses and the location of major streets, blocks, or other area devoted to each use. The Concept Plan may show the area proposed to be subdivided and platted as allowed for in this Ordinance. The plan shall indicate:

i. Generally, where each type of use will be located in the development and the total acreage devoted to each use. Label proposed uses on the plan appropriately.

ii. Major internal circulation systems, locations of roadways, locations of trails, trail amenities, bicycle paths, etc.

iii. Areas designated for residential uses shall indicate the maximum number of dwelling units per gross acre to be permitted for each residential area proposed including sizes of building lots and types of dwelling units anticipated.

iv. Acreage and location of any open space, civic spaces and school sites including whether each open/civic space will be privately owned (common area for residents only) or dedicated to public use[.]

v. A parking demand analysis for the mix of uses proposed to support the on-street and off-street parking proposed in the development[.]

vi. Illustrations depicting the general development character of the project including architectural renderings and elevations.

vii. Provision for public (water, sewer, stormwater) and private utilities (telecommunications, natural gas, electric) as required by other articles in this Ordinance, Subdivision Ordinance, adopted master plans and the most current version of the City’s Infrastructure Design Standards.

c. In the case of Concept Plan for a PD, if the applicant is proposing to create different development standards than the ones specified in this Ordinance, in addition to the above standards, the application shall include:

i. Development standards and other restrictions proposed by the applicant to be applied to each sub-district or proposed use or specific area similar to standards in the zoning districts contained in this Ordinance including: building setbacks, height limits, access requirements and grade or slope restrictions, special provisions addressing sensitive areas, parking requirements, landscape requirements, architectural design standards, street graphic regulations, impervious surface and floor area ratios.

ii. Demonstrate through written explanation and graphic material, how the character of the development as a result of the modified standards will be superior in terms of mixed use, walkability, and landscape quality to that produced by the existing standards. Graphic material shall include building elevations, renderings, and sketches to illustrate development character and quality.

iii. Graphic illustrations and written explanations of how the revised PD addresses the specific constraints and opportunities of the site and surrounding area in a superior manner to what might be accomplished without the PD standards.

d. A regional location map showing the relationship of the site to connecting roadways, public utilities and adjoining land uses.

e. A site map illustrating site boundaries, acreage, any existing structures and existing zoning.

f. A site topographic map showing any steep slopes (slopes over 10% grade at an appropriate scale), major vegetation elements, streams, rivers, ditches, and areas subject to one-hundred-year flooding.

g. A nonbinding development schedule indicating the improvements included in each phase and the approximate dates when construction of the various stages of the development is anticipated to begin and be completed.

h. Copies of any special private covenants, conditions and restrictions which will govern any use or occupancy within the development. The applicant may also impose additional covenants, conditions, and restrictions on any particular area during the subdivision process.

i. Evidence that the development has been designed with consideration of the site’s natural environment and the surrounding area and does not unreasonably impact wildlife, natural vegetation, or unique natural or historic features.

j. A daily and peak hour trip generation and directional distribution report (traffic impact analysis) by use unless the City Engineer, finds that the traffic to be generated by the proposed district does not warrant the preparation and submission of a study or agrees to an alternative methodology.

k. The applicant may submit any other information or exhibits pertinent to the evaluation of the proposed Concept Plan.

3. 

Completeness Determination:

A Concept Plan application requires the submission of a complete Concept Plan described in Section 2.5.2(4)(b) [Section 2.5.2.D.2] above, information outlined in Section 2.4.4, and a completed application form provided by the Administrator. The Administrator shall make a completeness determination within ten (10) business days of the date of the Submittal.

4. 

Application Review:

Per Section 2.4.5, Section 2.5.2(4)(b) [Section 2.5.2.D.2] and based on the extent to which the application meets the recommendations in the Comprehensive Plan and the specific zoning district purpose.

5. 

Notice:

Notice procedures for Concept Plan applications must be completed as described in Section 2.4.6 (see table 2.4-1).

6. 

Approval Procedures:

a. Action by the P&Z: The P&Z shall hold a public hearing on any Concept Plan. The P&Z shall approve, approve with conditions, or deny the application and forward its report and recommendation to the City Council. If the Concept Plan is submitted with a zoning change application, the public hearing for the Concept Plan may be combined with the public hearing for the zoning change.

b. Action by the City Council: The City Council has final authority to approve, approve with conditions, or deny any Concept Plan applications.

7. 

Review and Approval Criteria:

General criteria in Section 2.4.5 and this Section shall establish the review and approval criteria for the Administrator, the P&Z and City Council for Concept Plan applications:

a. The Concept Plan addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design such that it achieves the purposes of this Ordinance and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space and trail provisions and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; and/or mix of uses or innovative housing types.

b. The development shall have appropriate transitions to the surrounding area, with adequate standards to mitigate any potentially negative impacts.

c. Streets within the development shall provide adequate internal circulation for a variety of modes of transportation as well as connect to the city’s overall system to provide a seamless, multi-modal network.

d. Streets shall be designed to create a pleasant walking and biking environment with on-street parking where appropriate and streetscape enhancements.

e. Cul-de-sacs shall be discouraged unless natural features such as topography or stream corridors prevent a connection as determined by the Administrator.

f. Stub streets may be required where a street is likely to be extended into adjoining undeveloped property.

g. The Concept Plan shall provide common open space per the requirements of the zoning district standards and adequate in terms of location, accessibility and usability, area and type of the common open space, and in terms of the uses permitted in the development. The development shall ensure optimum preservation of the natural features of the terrain.

8. 

Concept Plan Approval:

The approved Concept Plan with all the associated exhibits shall be tied to the zoning application to the PD or Mixed Use Districts. The approved PD, or Mixed Use zoning district, the approved Concept Plan, all exhibits, and any associated development agreements together establish the uses permitted, character of the development, and any modifications to the zoning regulations which are applicable.

9. 

Amendments to Approved Concept Plans:

Amendments to previously approved concepts plans may be classified as Major or Minor amendments. Table 2.5-2 classifies major and minor amendments.

a. 

Major Amendments:

Major amendments to approved Concept Plans shall be reviewed, processed, and approved in the same manner as required for the originally approved Concept Plan, including all notice and citizen participation requirements and recommendation by the P&Z and consideration by City Council.

b. 

Minor Amendments:

Minor amendments to an approved Concept Plan are administrative requests and may be approved, approved with conditions, or denied by the Administrator. A minor amendment may be approved administratively so long as the amendment does not constitute, as determined by the Administrator, a substantial alteration of the fundamental nature and character of the approved Concept Plan. Minor amendments may not alter the terms of applicable development agreements or be contrary to any applicable ordinance. If the Administrator denies the amendment, the applicant may appeal the denial and the amendment shall be treated as a Major Amendment.

Figure 2.3: Concept Plan Procedures

Table 2.5-2: Major and Minor Amendments for Concept Plans
Type of PD Amendment	Scale of Amendment	Major	Minor	Comments
LAND USES
Addition of new principal land use currently not allowed in the development	Any request	*
Change to permitted land uses in any location	Any change that affects overall PD density or intensity	*
	Any change that does not affect overall PD density or intensity		*
Change to use-specific standards for permitted uses	Any change	*
Shift or relocation of residential dwelling units from one phase, parcel, or development unit of the project to another phase, parcel, or development unit, with no net increase in the total number of residential dwelling units permitted under the approved Concept Plan	>20% shift in dwelling units	*
	0%–20% shift in dwelling units			Considered a major amendment unless the Administrator finds, in writing, that the proposed transfer will have no material impact on the services and infrastructure proposed, provided for, and necessary to accommodate and serve the transferred units.
DEVELOPMENT STANDARDS
Any change to the alignment of any streets shown on the Concept Plan	= 200' in any direction	*
	< 200' in any direction		*	Any change in street alignment shall still maintain the connectivity to the existing street network and adjoining properties as intended in the originally approved Concept Plan.
Any change that results in a decrease of planned or identified parks, trails and/or major open space (including any natural areas or undisturbed open space)	= 5%	*
	< 5%		*
Any change to parking, landscape buffer, setbacks, or building design standards	No more than 5% reduction of any numerical standard for these elements.		*
	More than 5% reduction of any numerical standard for these elements	*
GENERAL
Any other amendment that does not meet a minor amendment threshold as listed above or any amendment that is deemed by the Administrator to make such a significant or fundamental change to the originally approved Concept Plan, which in the Administrator’s judgment, should be deemed to be a major amendment.	All	*

2.5.3 

Specific Use Permit (SUP) Procedures

A. 

PURPOSE AND INTENT:

The Specific Use Permit (SUP) provides a means to develop certain uses in a manner that is compatible with adjacent property and consistent with the character of the neighborhood or district.

B. 

APPLICABILITY:

The City Council may grant, repeal, or amend Specific Use Permits (SUP’s) for certain uses, but only where specified in Article IV of this Ordinance. Approval of an SUP occurs by ordinance.

C. 

REVIEW PROCEDURES:

All SUP applications shall follow a public review process that includes public hearings at the P&Z and City Council. The City Council shall be the final authority for approval of these applications after a recommendation by the P&Z. The procedures for all SUP applications shall be as follows (see figure 2.4):

Figure 2.4: Specific Use Permit Review Procedures

D. 

INITIATION:

May be initiated by a property owner

1. 

Pre-application Meeting:

In addition to the procedures established in Section 2.4.3, at a pre-application meeting with staff, the applicant shall provide a preliminary Site Plan, which shall include, at a minimum:

a. Details of the SUP request

b. Location of buildings and other site improvements that include parking, landscaping, lighting, fencing and any other elements on the site

c. Elevations and architectural drawings of the buildings and site improvements

d. Justification or narrative on how the SUP application meets the review and approval criteria for SUPs

e. Any other information that is relevant to the application or that may be requested by the Administrator.

E. 

APPLICATION SUBMITTAL:

per Section 2.4.4

F. 

COMPLETENESS DETERMINATION:

per Section 2.4.4

G. 

APPLICATION REVIEW:

per Section 2.4.5 and criteria in this Section.

H. 

NOTICE:

Published and written notice required. See Section 2.4.6 and Table 2.4-1.

I. 

APPROVAL PROCEDURES:

1. 

Planning and Zoning Commission Action:

The P&Z shall hold a public hearing and make a recommendation to the City Council. The P&Z shall forward its recommendation to approve, approve with conditions, or deny the application to the City Council. If a recommendation cannot be made, the P&Z shall submit a Report documenting their explanation.

2. 

City Council Action:

a. The City Council shall hold a public hearing and approve, approve with conditions, deny, or remand the application.

b. The granting of an SUP has no effect on the uses permitted as of right and does not waive the regulations of the underlying zoning district.

c. The City Council shall approve an SUP by ordinance. The ordinance may approve more than one specific use. The City Council may approve or deny all or part of the uses requested in the SUP application.

J. 

Review and Approval Criteria:

In addition to the general criteria in Section 2.4.7(2) [Section 2.4.7.B], the P&Z and City Council shall base their decision on their findings of the extent to which the proposed use:

1. Meets the purpose of the zone district in which it will be located and all the criteria and regulations specified for such use in that zone district, including but not limited to height, setbacks and lot coverage;

2. Complements or is compatible with the surrounding uses, character and community facilities;

3. Adequately mitigates traffic impacts;

4. Contributes to, enhances, and promotes the welfare of the area and adjacent properties;

5. Is in scale with the existing neighborhood or will be in scale with the neighborhood as it develops in the immediate future; and

6. Mitigates any adverse impacts due to access, parking, service areas, and traffic on adjoining properties and the street network in an adequate manner.

7. An ordinance approving an SUP may impose development standards and safeguards over and above those contained in the corresponding zoning district regulations. The City Council may, in the interest of the public welfare and to ensure compliance with this Ordinance, establish reasonable conditions on the operation, location, arrangement, type, character, and manner of construction of any use for which an SUP is authorized. Consideration is given based on the existing and planned conditions and location with regard to the welfare and protection of adjacent property from noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view, traffic, or other undesirable or hazardous conditions.

2.5.4 

Development Plan and Site Plan Procedures

A. 

PURPOSE AND APPLICABILITY:

The purpose of the Development Plan and Site Plan is to ensure compliance with the development and design standards of this Ordinance, approved PDs, Concept Plans, and SUPs prior to the issuance of required permits, and to encourage quality development that reflects the goals and objectives of the comprehensive plan. Development Plans and Site Plans illustrate intended development at different scales and level of detail and they shall be approved by the City Council after a recommendation by the P&Z.

1. 

Development Plans:

A Development Plan shall provide more detail in terms of blocks, lots, building and street layout, open and civic spaces and trails, treatment of transition areas to adjacent uses and similar information for more than one lot or building. A Development Plan shall illustrate the design direction of the site with dimensional standards that provide substantial certainty about the development outcomes, intensity, and phasing of the proposed development. Typically, Development Plans shall include less detail than Site Plans and include a larger area than one lot.

a. For all development in the PD or Mixed Use Districts, an approved Development Plan shall be required prior to a Site Plan application.

b. Development Plans may include a portion of a property included in an approved Concept Plan by City Council. The minimum acreage required for a Development Plan shall be either the entire area circumscribed by existing or future streets or within one sub-district or sub-zone of the approved Concept Plan per the standards for the district in Article III.

2. 

Site Plans:

Site Plans shall be the lot and buildings level plans and shall be required for individual lots and/or buildings prior to Building Permit approval for all uses except single-family detached residential.

Figure 2.5: Development Plan and Site Plan Approval Procedures

B. 

PRE-APPLICATION MEETING:

A pre-application meeting shall be required for a Development Plan application. It shall be optional for Site Plans. Standards in Section 2.4.3 shall apply to pre-application meetings.

C. 

APPLICATION SUBMITTAL:

In addition to the submittal requirements in Section 2.4.4, the following shall apply:

1. 

Development Plans:

The applicant shall submit to the Administrator all the information required in the application packet, along with any information identified in the pre-application meeting (if applicable) and all required information stated elsewhere in this Ordinance for Development Plan review. At minimum, the application shall include plans and supporting documents that include the following:

a. A location map showing the property’s relative regional location

b. Details of the site location and dimensions

c. Existing adjoining land uses, building footprints (if any) and ownership

d. General layout of the development including proposed street network, connectivity to the City’s thoroughfare system, and general location of buildings, parking, sidewalks, trails, open/civic space, drainage facilities and other elements of the built environment

e. Compliance with any approved Concept Plan for the property

f. Conceptual elevations showing intended architectural and urban character of different uses and building types

g. Concepts for public and private landscaping, buffering, and screening (if any), and

h. Any other information that may be required by the Administrator to help with the decision-making process.

2. 

Site Plans:

The applicant shall submit to the Administrator all the information required in the application packet, along with any information identified in the pre-application meeting (if applicable) and all required information stated elsewhere in this Ordinance. At minimum, the application shall include plans and supporting documents that include the following:

a. Location and dimensions of the site relative to adjoining properties and any approved concept or Development Plans

b. Location of adjoining streets, alleys, and other public improvements

c. Location of all existing and proposed buildings and structures, parking areas, driveways, trails, sidewalks, and exterior signs

d. Location of all proposed landscaping, fencing, buffering, and walls

e. Location of all existing and proposed drainage and other public and private utilities (water, sewer, telecommunications, etc.) including new and proposed easements

f. Location of service functions such as garbage collection, loading/unloading facilities, and other utility meters and equipment

g. Building elevations showing compliance with any building design standards (exterior materials, fenestration, entrances, architectural details, articulation, etc.) in this Ordinance or any approved concept and Development Plans

h. Illustrate how the proposed Site Plan meets the requirements of the approved Concept Plan or Development Plan including any administrative modifications with corresponding justifications requested

i. Site data summary including:

i. Total square footage of development by proposed use or number, type, and sizes of dwelling units

ii. Lot size and dimensions

iii. Setbacks or build to zone/lines and building frontage requirements (if any)

iv. Required parking, loading/unloading, and landscaping calculations

v. Calculations of any required open space/sidewalks/trails, lot coverage, or impervious coverage ratios

D. 

COMPLETENESS DETERMINATION:

Shall meet the requirements of Section 2.4.4., and any other applicable submittal requirements of this ordinance or any approved Concept Plan.

E. 

APPLICATION REVIEW:

All complete applications for Development Plans and Site Plans shall be reviewed by the Administrator based on the requirements in this ordinance and/or any approved concept or Development Plans as applicable.

F. 

NOTICE:

Published and written, notice required. See Section 2.4.6 and Table 2.4-1.

G. 

APPROVAL PROCEDURES:

1. 

Action by the Planning and Zoning Commission:

The P&Z shall hold a public hearing on any Development Plan or Site Plan. The P&Z shall approve, approve with conditions, or deny the application and forward its report and recommendation to the City Council.

2. 

Action by the City Council:

The City Council has final authority to approve, approve with conditions, or deny, any Development Plan or Site Plan applications.

H. 

REVIEW AND APPROVAL CRITERIA:

General criteria in Section 2.4.5 and approval criteria for Concept Plans shall establish the review and approval criteria for the Administrator, the P&Z and City Council for Development Plans and Site Plans.

2.5.5 

Variances and Appeals

A. 

PURPOSE:

This section provides a process to gain relief from the strict application of the zoning provisions of this Ordinance where it is alleged the property cannot reasonably be developed or to appeal a decision of the Administrator.

B. 

APPLICABILITY:

1. The ZBA may approve a variance to any provision of this Ordinance.

2. The ZBA may consider an appeal of any decision of the Administrator under this Ordinance.

C. 

APPLICATION:

1. 

Time limit on appeals:

a. An appeal must be filed with the ZBA (via the City Secretary) and the official from whom the appeal is sought ten (10) business days after the decision is rendered.

b. It shall be filed by submitting a notice of appeal that specifies the grounds for the appeal.

2. 

Initiation:

Applications for a variance or appeal shall be submitted to the Administrator by the following parties, unless otherwise indicated by this article:

a. Any owner of the property subject to the application, or

b. An agent, representative, lessee, or contract purchaser specifically authorized by the owner to file the application.

D. 

COMPLETENESS DETERMINATION:

Requirements in Section 2.4.4 shall apply.

E. 

NOTICE:

As required by Section 2.4.6.

F. 

HEARING PROCEDURES.

1. The ZBA shall review the application and the recommendation of the Administrator and shall conduct a public hearing.

2. The testimony of witnesses shall be sworn and cross-examination of witnesses is permitted.

3. The public hearing shall comply with Texas Local Government Code sec. 211.008 and any rules of procedure adopted by the ZBA.

4. After the hearing is closed, the ZBA shall approve, approve with conditions, or deny the application.

5. A verbatim record of all proceedings shall be conducted.

G. 

REVIEW AND APPROVAL CRITERIA:

The ZBA shall not approve a variance unless it finds that the criteria in Texas Local Government Code sec. 211.009(a)(3) are met. In addition to the authority granted by sec. 211.009, the ZBA may:

1. Authorize upon appeal in specific cases, and subject to appropriate conditions and safeguards, such variances from any numerical zoning standard beyond what is allowed through Administrative Modifications, where the literal enforcement of the provisions of this ordinance would result in an unnecessary hardship, and so that the spirit of the code shall be observed and substantial justice done. The variance must be necessary to permit development of a specific parcel of land which differs from other parcels of land by being of such a restrictive area, shape, or slope that it cannot be developed in a manner commensurate with the development of other parcels of land in districts with the same zoning. A variance may not be granted to relieve a self-created or personal hardship, nor for financial reasons only, nor may a variance be granted to permit a person a privilege in developing a parcel of land not permitted by this Ordinance to other parcels of land in districts with the same zoning district or to be developed in a manner inconsistent with the rights of properties similarly zoned.

2. Initiate, on its own motion or otherwise, action to bring about the discontinuance of a nonconforming use in accordance with Article VI: Nonconformities.

3. Require the discontinuance of a nonconforming use under any plan whereby the full value of the structure or use 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 confirm to the regulations of this ordinance.

4. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Administrator in the enforcement of this Ordinance.

H. 

APPEALS FROM ZONING BOARD OF ADJUSTMENT:

Any appeal to a ZBA decision must be made to a court of record in Tarrant County and/or Denton County, Texas within ten (10) days of the decision or as specified in the TXLGC.

2.5.6 

Administrative Modifications

A. 

PURPOSE:

This section provides a process to allow for minor adjustment to the numerical zoning standards of this Ordinance based on a set of criteria by the Administrator.

B. 

APPLICABILITY:

Only the standards specified in Table 2.5-1 may be adjusted based on the extent to which they meet the criteria and extent of allowed modification. All other amendments shall either be through the ZBA or in the case of special districts, through the Concept Plan process.

C. 

APPLICATION SUBMITTAL:

All applications for an administrative modification shall be submitted to the Administrator by the following parties, unless otherwise indicated by this article:

1. Any owner of the property subject to the application, or

2. An agent, lessee, or contract purchaser specifically authorized by the owner to file the application.

D. 

COMPLETENESS DETERMINATION:

Requirements in Section 2.4.4 shall apply.

E. 

APPLICATION REVIEW:

All complete applications for an Administrative Modification shall be reviewed by the Administrator based on the requirements in this ordinance or any approved concept, development, or Site Plans as applicable.

F. 

ADMINISTRATOR DECISION:

All Administrative Modifications may either be approved or approved with conditions by the Administrator based on the criteria established in this section. Any applications that do not meet these established criteria may be referred to the ZBA as a variance application and shall meet the standards in Section 2.5.6.

G. 

REVIEW AND APPROVAL CRITERIA:

Table 2.5-3 shall establish the criteria for permitted Administrative Modifications. All Administrative Modifications shall meet one or more of the criteria for approval by the Administrator. In no circumstance shall the Administrator approve an administrative modification that results in:

1. An increase in overall project intensity or density;

2. A change in permitted uses or mix of uses;

3. A change in the relationship between the buildings and the street; or

4. A change in any required element of any ordinance or PD standards.

Table 2.5-3: Administrative Modification Standards and Criteria
Regulation	Modification Permitted	Criteria
1. Setbacks and build-to-zones/lines (except in PD’s where the specific PD ordinance may establish alternative modification standards)	25% maximum or 5'; whichever is less	a) Changes to the build-to-zones and setbacks may only occur when there are caused by one or more of the following: i. A change to the street cross sections established in any ordinance, Concept Plan or Development Plan; or ii. Need to accommodate existing buildings and structures on the lot that meet the overall intent and vision for the particular zoning district; or iii. Need to accommodate other required modes of transportation (transit, bike, pedestrian), storm water drainage, water quality, or low impact development (LID) elements on the site; or iv. Need to accommodate overhead or underground utilities and/or easements; or v. Need to preserve existing trees on the property in accordance with the requirements in Article V: Design and Development Standards.
2. Lot Width and Lot Depth	Lot may be 10% narrower than the minimum width required.	a) Adjustment in lot width or depth does not increase the overall project density as allowed by the specific district regulations and shall only be allowed on no more than 10% of lots within a platted subdivision of 10 lots or greater. b) The adjustment is needed for one or more of the following reasons: i. To accommodate any required easements while preserving trees or other physical constraints such as steep grades, etc. ii. Meet the block perimeter and street layout standards while accommodating an efficient lot layout.
3. Lot Area	Lot may be a maximum of 10% smaller than required	Decrease in area is due to a change in lot width or depth per allowance number 2 above.
4. Building Height	May be 10% more than the allowed height	Shall be only to accommodate HVAC, parapets, towers, and other building appurtenances. Modifications shall improve the appearance of the building’s character
5. Building frontage requirements within the MU and Old Town Districts	Reduced by no more than 15%	Any reduction in the required building frontage shall be to address one or more of the following: i. To accommodate porte-cocheres for drop-off and pick-up, or ii. To accommodate existing buildings and site elements such as parking, landscaping, etc., or iii. To accommodate other sidewalks, trails, or required storm water drainage, or low impact development (LID) elements on the site.
6. Any other numerical standard in the ordinance	A modification up to 5% (increase or decrease)	a. A modification of a numerical standard is needed to accommodate any remaining existing conditions. b. The proposed development still meets the intent of the zoning district or PD ordinance.
7. Phased Developments	Deferment of development standards based on a phasing plan	a. Phased developments may defer some of the development standards if based on a phasing agreement which shall be part of an approved concept or Development Plan.

(Ordinance 030-2017 adopted 11/20/17; Ordinance 020-2021 adopted 8/16/21)

§ 2.6 ENFORCEMENT AND PENALTIES.

2.6.1 

Purpose

This article establishes procedures through which the City seeks to ensure compliance with the provisions of this Ordinance and obtains corrections for violations. It also sets forth the remedies and penalties that apply to violations of this Ordinance.

2.6.2 

Violations

Any of the following shall be a violation of this Ordinance and shall be subject to the remedies and penalties provided for in this Ordinance.

A. 

ESTABLISH ANY USE OR STRUCTURE WITHOUT PERMIT OR APPROVAL:

To establish or place any use or structure upon land that is subject to this Ordinance without all the approvals required by this Ordinance.

B. 

DEVELOPMENT WITHOUT PERMIT OR APPROVAL:

To engage in any development, construction, remodeling, or other activity of any nature upon land that is subject to this Ordinance without all the approvals required by this Ordinance.

C. 

DEVELOPMENT OR USE INCONSISTENT WITH A PERMIT:

To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate, or other form of authorization provided for such activity.

D. 

DEVELOPMENT OR USE INCONSISTENT WITH CONDITIONS OF APPROVAL:

To violate, by act or omission, any term, condition, or qualification placed by a decision-making authority upon any permit or other form of authorization.

E. 

DEVELOPMENT INCONSISTENT WITH THIS ORDINANCE:

To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure, or sign, or to engage in development or subdivision of any land in violation of any zoning, subdivision, sign, or other regulation within this Ordinance.

F. 

MAKING LOTS OR SETBACKS NONCONFORMING:

To reduce or diminish any lot area so that the lot size, setbacks, or open spaces shall be smaller than required, unless in accordance with any exceptions provided under this Ordinance.

G. 

INCREASING INTENSITY OR DENSITY OF USE:

To increase the intensity or density of use of any land or structure, except in accordance with the requirements and standards of this Ordinance.

H. 

REMOVING OR DEFACING REQUIRED NOTICE:

To remove, deface, obscure, or otherwise interfere with any notice required by this Ordinance.

I. 

FAILURE TO REMOVE SIGNS:

To fail to remove any sign installed, created, erected, or maintained in violation of this Ordinance or for which the sign permit has lapsed.

2.6.3 

Responsible Persons

Any person who violates this Ordinance shall be subject to the remedies and penalties set forth in this article.

2.6.4 

Responsibility for Enforcement

The Administrator shall have primary responsibility for enforcing all provisions of this Ordinance. Other officers of the City, as designated by the Administrator, may share responsibility for enforcing provisions of this Ordinance.

2.6.5 

Enforcement Procedures

A. 

REMEDIES AND ENFORCEMENT POWERS:

The City shall have the remedies and enforcement powers in this section.

B. 

WITHHOLD PERMIT:

1. The City may deny or withhold all permits, certificates, or other forms of authorization on any land or structure or use or improvements upon a determination that there is an uncorrected violation of a provision of this Ordinance or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the City. This enforcement provision shall apply regardless of whether the current or previous owner or lessee or applicant is responsible for the violation in question.

2. The City may deny or withhold all permits, certificates, or other forms of authorization on any land, structure, use, or improvements owned or being developed by a person who owns, developed, or otherwise caused an uncorrected violation of a provision of this Ordinance or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the City. This provision shall apply regardless of whether the property for which the permit or other approval is sought is the property with the violation.

C. 

PERMITS APPROVED WITH CONDITIONS:

Instead of withholding or denying a permit or other authorization, the City may grant such authorization subject to the condition that the violation be corrected.

D. 

REVOCATION OF PERMITS OR AUTHORIZATION:

1. Any permit or other form of authorization required under this Ordinance maybe revoked, after notice to the applicant, when the Administrator determines that:

a. There is a departure from the approved plans, specifications, limitations, or conditions as required under the approved permit or authorization;

b. The permit or authorization was procured by false representation;

c. The permit or authorization was issued in error; or

d. There is a violation of any provision of this Ordinance or condition of approval.

2. Written notice of revocation shall be sent to the property owner, agent, applicant, or other person to whom the permit or authorization was issued. No work or construction shall proceed after revocation notice has been sent.

E. 

STOP-WORK ORDER:

1. With or without revoking permits, the City may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this Ordinance or Adopted Code or of a permit or other form of authorization issued, in accordance with the City’s power to stop work under its building codes.

2. The stop-work order shall be in writing and directed to the person doing the work, and shall specify the provisions of this Ordinance or permit or authorization that is in violation. After any such order has been sent, no work shall proceed on any building, structure, or land covered by such order, except to correct such violation or comply with the order.

3. Once the violations of the Ordinance, permit, authorization or conditions have been remedied or met, the Administrator shall rescind the stop-work order.

F. 

INJUNCTIVE RELIEF:

The City may seek an injunction or other equitable relief in an appropriate court in Tarrant or Denton County, Texas to stop any violation of this Ordinance or of a permit, approval, or other form of authorization granted under this Ordinance.

G. 

WITHHOLD PUBLIC SERVICES:

The City may withhold any public services until all violations have been remedied and all the requirements of this Ordinance have been met.

H. 

OTHER REMEDIES:

The City shall have such other remedies as are and as may be from time-to-time provided by law for the violation of zoning, subdivision, sign, or related Ordinance provisions.

I. 

OTHER POWERS:

In addition to the enforcement powers specified in this article, the City may exercise all enforcement powers granted by law.

J. 

CONTINUATION:

Nothing in this Ordinance shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous and valid ordinances and laws.

2.6.6 

Cumulative Remedies

The remedies and enforcement powers established in this article shall be cumulative and the City may exercise them in any order or combination at any time.

2.6.7 

Penalties for Violations

Any person or corporation who violates any of the provisions of this Ordinance or fails to comply with any of the requirements thereof, or who builds or alters any building, structure, sign, or use or who develops, constructs, remodels, or any other activity of any nature upon land in violation of any permit or authorization shall be guilty of a misdemeanor punishable under this section.

The owner or owners or tenant of any building or premises or part thereof, where anything in violation of this Ordinance is placed or exists, and any architect, builder, contractor, agent, person, or corporation employed by the owner or tenant who may have assisted in the commission of any such violation shall be guilty of a separate offense punishable under this section.

Any person or corporation violating any of the provisions of this Ordinance shall, upon conviction, be fined any sum not exceeding two thousand dollars ($2,000.00) and every day that the provisions of this Ordinance are violated shall constitute a separate and distinct offense.

(Ordinance 030-2017 adopted 11/20/17)