Editor’s note–The Unified Development Code, adopted by the city on January 28, 2009, is included herein as exhibit A. Due to the nature of the development ordinance and the technicalities involved in adopting or amending it, such ordinance is printed herein as enacted, with only nonsubstantive formatting and style changes. Capitalization, punctuation and numbering of articles, sections and subsections have been retained as enacted. Obviously misspelled words have been corrected without notation. Any other material added for purposes of clarification is enclosed in brackets. At the request of the city, references to “city administrator” have been changed to “city manager,” without notation.
The purpose of the Unified Development Code (UDC or Code) is to promote the public health, safety, general welfare and quality of life of the present and future citizens of the City of Liberty Hill.
(Ordinance 09-O-02 adopted 1/28/2009)
The City of Liberty Hill’s Comprehensive Plan, as adopted and as amended and periodically updated, is the policy guide for the development of the Unified Development Code. The following General Land Use Policies from the Comprehensive Plan have been used in the development of this Code in order to ensure that land development within the City of Liberty Hill jurisdictional area is in accordance with the City of Liberty Hill Comprehensive Plan:
1.02.01 
Manage Growth that is compatible with the Vision of Liberty Hill.
A. 
New developments must be compatible with existing development and community character.
B. 
New development must maintain small town character, look and feel of community.
C. 
Priority Growth Areas should be recognized and planned for by developing an infrastructure plan to encourage development in specific areas of the community.
D. 
New development must occur in a fiscally responsible manner for the City.
E. 
The City should encourage desirable development and construct infrastructure in the following Priority Growth Areas:
F. 
Downtown
G. 
Highway 29
H. 
Highway 183
1.02.02 
Protect the Environment.
A. 
Preserve and protect waterways and floodplains.
B. 
Preserve and protect surface and groundwater resources and hydrologically-active areas.
C. 
Cooperate with area governmental entities to ensure water quantity.
D. 
Preserve and protect air quality.
E. 
Promote and incentivize water conservation practices.
F. 
Promote awareness and implementation of Best Management Practices (BMPs) for purposes of water quality and land conservation.
1.02.03 
Design of Buildings Should Be Compatible With Existing Buildings and Vision for Liberty Hill
.
A. 
Architectural control is important, within reason, and should encourage growth by giving protection to investors who are considering investing in commercial development in Liberty Hill.
B. 
Regulations on commercial development should be intelligently crafted, so as to encourage economic development by providing predictability, continuity, and protection for investments that would be enhanced by orderly and attractive growth.
1.02.04 
Signage Should Not Deter From the Beauty of the City
.
A. 
Do not allow new off-premises signs.
B. 
On-premises signs should have size and height restrictions, and signs in the “downtown” should be regulated differently from the signs on Hwy 29 and Hwy 183 in order to preserve the “small town”/”quaint village” concept of the “old town” area.
1.02.05 
Promote Clean Industrial Development in Appropriate Locations
.
1.02.06 
Promote and Appropriate Levels and Location of Multifamily Housing Development
.
1.02.07 
Effectively Manage Manufactured Housing Development
.
1.02.08 
Preserve and Protect Liberty Hill’s Rich Heritage
.
A. 
Preserve and enhance historic areas throughout the City
B. 
Preserve the community character (e.g., residential street setbacks and layouts)
C. 
Preserve significant archaeological sites throughout Liberty Hill.
D. 
Downtown development should be clean, under any scenario.
E. 
Develop incentives for improving and maintaining historic structures.
F. 
Designate a Downtown District.
G. 
Develop Compatibility Standards.
H. 
Develop a Downtown District Sign Ordinance.
(Ordinance 09-O-02 adopted 1/28/2009)
Chapter 2 sets forth the specific responsibilities and authority for each administrative official and review entity as it relates to the implementation of this Code. Chapters 211 and 212 of the Texas Local Government Code together with the general police powers of municipalities empower the City to adopt this Unified Development Code.
(Ordinance 09-O-02 adopted 1/28/2009)
1.04.01 
Within City Limits and Extraterritorial Jurisdiction (ETJ).
Williamson County shall be the primary platting authority in the City’s ETJ, until such time as the City of Liberty Hill and Williamson County enter into an interlocal agreement which stipulates the division of review authority. Further information about how procedures and regulations of this Code apply to the extraterritorial jurisdiction is found in Chapter 3.
1.04.02 
Within City Limits.
The City of Liberty Hill has the statutory authority to exercise a broad range of powers within its city limits. Pursuant to such authority, all chapters and sections of the UDC shall apply to all areas within the city limits of Liberty Hill. All structures, land uses constructed or commenced after the effective date of the UDC and all enlargements of, additions to, changes in and relocations of existing structures and uses occurring after the effective date of the UDC are therefore subject thereto.
(Ordinance 09-O-02 adopted 1/28/2009)
1.05.01 
Future Development.
This Code shall apply to all matters pertaining to the use and development of land within the jurisdiction described in Section 1.04 above. The Code applies to all public buildings and private land(s), and use(s) thereon, over which the City has jurisdiction under the constitution(s) and law(s) of the State of Texas and of the United States.
1.05.02 
Existing Development.
Hereafter, no building or structure shall be erected, demolished, remodeled, reconstructed, altered, enlarged, or relocated in the City of Liberty Hill except in compliance with the provisions of this Code; and then only after securing all required permits and licenses. Any building, structure, or use lawfully existing at the time of passage of this Code, although not in compliance therewith, may be maintained as provided in Chapter 4, Zoning, Section 4.14, Nonconforming Uses.
(Ordinance 09-O-02 adopted 1/28/2009)
The provisions of this Code shall be interpreted and applied as the minimum requirements for the promotion of public health, safety, and general welfare.
Whenever the requirements of this Code are in conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes higher standards as determined by the City Council will apply.
The issuance of any permit, certificate or approval in accordance with the standards and requirements of this Code shall not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all other applicable requirements of any other municipality, special district, state or federal agency having jurisdiction over the structures or land uses for which the permit, certificate or approval was issued.
(Ordinance 09-O-02 adopted 1/28/2009)
This Code shall become effective and be in full force and effect immediately following its passage and approval by the City Council, as duly attested by the Mayor and City Secretary.
(Ordinance 09-O-02 adopted 1/28/2009)
If any section or part of this Code is held by a court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Code but shall be confined in its operation to the specific sections of this Code that are held unconstitutional or invalid. The invalidity of any section of this Code in any one or more instances shall not affect or prejudice in any way the validity of this Code in any other instance.
(Ordinance 09-O-02 adopted 1/28/2009)
The purpose of this section is to provide guidance to those development projects that have received some form of municipal approval prior to the date of enactment of this Code. More detailed information regarding Vested Rights and Nonconforming uses can be found in Chapter 4.
1.09.01 
Projects in Construction.
A. 
Building Permits.
Nothing in this Code shall require any change in plans, construction, size or designated use of any building, structure or part thereof that has been granted a building permit prior to the effective date of this Code, or any amendment to this Code, provided construction shall begin consistent with the terms and conditions of the building permit and proceed to completion in a timely manner.
B. 
Approved Site Plans.
Nothing in this Code shall require a change in site plan approved prior to the effective date of this Code, provided a building permit is issued prior to expiration of the site plan, and construction begins consistent with the terms and conditions of the building permit and proceeds to completion in a timely manner.
C. 
Violations Continue.
Any violation of the previous zoning and sign ordinances or subdivision and site development regulations of the City shall continue to be a violation under this Code and shall be subject to penalties and enforcement under Chapter 6 [7], Enforcement, unless the use, development, construction or other activity is consistent with the express terms of this Code, in which case enforcement action shall cease, except to the extent of collecting penalties for violations that occurred prior to the effective date of this Code.
1.09.02 
Expiration of Plats.
Any minor plat, replat, amending plat, preliminary plat, or final plat approved pursuant to Subdivision Regulations in effect prior to the date of enactment of this Code that is dormant according to the provisions of Texas LGC section 245.005 will expire within three years of the adoption of this Code.
(Ordinance 09-O-02 adopted 1/28/2009)
The purpose of this section is to provide guidance for annual updates to the Code in order to modify procedures and standards for workability and administrative efficiency, eliminate unnecessary development costs, and to update the procedures and standards to reflect changes in the law or the state of the art in land use planning and urban design.
In the sixty (60) day period prior to September 1st of each year, any person may provide a request for amendment to the Code to the City Secretary. The request for amendment shall be labeled an “Annual Update Request” and shall include a summary of the proposed changes, the reason for the proposed changes, and suggested text amendments. Annual Update Requests shall serve a legitimate purpose.
The City Secretary shall receive the proposed amendments within the sixty (60) days preceding September 1st and shall refer the proposed amendments to the Planning and Zoning Commission by October 1st of each year.
The Planning and Zoning Commission may conduct workshops to informally discuss the Annual Update Requests with interested neighborhoods, developers, homebuilders, design professionals, and other stakeholders in the development process.
The Planning and Zoning Commission shall refer the Annual Update Requests to the City Council with recommendations for amendments to the Code by December 1st of each year.
(Ordinance 09-O-02 adopted 1/28/2009)
See Chapter 7, Enforcement.
(Ordinance 09-O-02 adopted 1/28/2009)
The issuance or granting of a permit or approval of plans or plats, site or facility designs, or specifications shall not be construed to be a permit for, or an approval of, any violation of any provision of this Code or any other City ordinance. No permit purporting to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use that it authorizes is lawful and conforms to the requirements of this Code or a variance or modification granted pursuant to this Code.
(Ordinance 09-O-02 adopted 1/28/2009)