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:
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)