The purpose of this Chapter is to establish application procedures,
internal review procedures, public notice and hearing procedures,
and review criteria for the processing of applications and actions
that affect the development and use of property subject to the jurisdiction
of the City of Liberty Hill.
(Ordinance 09-O-02 adopted 1/28/2009)
3.02.01 Types of Applications and Permits.
Application and permit types can be categorized as (A) Policy-
and Legislative-Related Applications and Permits, (B) Subdivision-Related
Applications and Permits, or (C) Development-Related Applications
and Permits. Review authorities for applicable development applications
and permits are described in Table 3-1, below. The Administrative
Procedures Manual (developed by the City Manager) establishes timelines
for review and applicable fees. Certain procedures apply inside city
limits that do not apply in the ETJ. Table 3-1 also provides guidelines
for the procedures that apply in the city limits or ETJ.
A. Policy-
and Legislative-Related Applications and Permits.
Approval
of applications for development is based (among other bases for consideration
described in this Code) upon the proposed development’s conformance
with existing policies (including the Comprehensive Plan, Zoning Map,
and Code). In cases where a proposed development is not in accordance
with these policies changes to policies must be made by the appropriate
review entity (either the City Council or Board of Adjustment for
Policy- and Legislative-related applications and permits before any
subdivision or development not in accordance with existing policies
may proceed). Includes: Comprehensive Plan Amendment, Planned Unit
Development, Conditional Use Permit, Zoning Map Amendment, Code Text
Amendment procedures, and certain Variances.
B. Subdivision-Related
Applications and Permits.
Subdivision-related procedures
are necessary to establish how individual lots or projects may be
developed. These procedures are used to establish what is commonly
referred to as a “legal lot” on which development may
occur. Subdivision activities and projects must be in compliance with
this Code as well as the current (at the time of plat application)
version of the Williamson County Subdivision Regulations. Should there
be a conflict between the Code and the Williamson County Subdivision
Regulations, the more stringent criteria will apply: Includes: Comprehensive
Plan Consistency Review, Minor Plat, Amending Plat, Replat, Preliminary
Plat, Construction Plan, and Final Plat.
C. Development-Related
Applications and Permits.
Development in the City must
occur in compliance with all regulations of this Code. In addition,
land must be appropriately subdivided and platted before any development
project may occur. Includes: Zoning Verification Letter, Legal Lot
Verification Letter, Written Interpretation, Master Sign Plan, Administrative
Decision, Temporary Use Permit, Administrative Exception, Site Development
Permit, Stormwater Permit, Certificate of Design Compliance, Appeal
of an Administrative Decision, Variance, and Building Permit (sign
only) procedures.
(Ordinance 09-O-02 adopted 1/28/2009)
Related applications and permits shall be submitted, reviewed,
and approved/denied based on the procedures listed below. Some of
these procedures may be followed concurrently, while some procedures
require pre-approval of other procedures. Notify the City Manager
if the Administrative Procedures Manual does not clarify the timing
of these procedures.
A. Development
Requiring Multiple Approvals.
The following restrictions
apply to development applications requiring multiple approvals:
1. Policy-
or legislative-related applications for permits required for a particular
project may occur in any order, but shall be sequenced so that when
final actions occur, each approval provides any requisite requirement
for a subsequent related approval.
2. Subdivision
applications may generally be considered concurrently.
3. Approval
of the final plat shall not be granted until written approval plans
for dedication of land and community facilities has been given by
the City Manager.
4. Development
or permit applications may generally be considered concurrently.
5. No
Development or permit application may be considered if there is pending
subdivision activity for the same tract of land, except for administrative
determinations.
6. Appeals
of administrative decisions may only occur after a final decision
by the City Manager.
7. Consideration
of development or permit applications shall be sequenced so that when
an approval occurs, it will provide any requisite requirement for
a subsequent related approval.
B. Simultaneous
Submission of Related Applications.
Submittal of different applications related to the same development
may be made simultaneously, although the review and processing of
applications must remain in sequence as described in Table 3-1 above
and elsewhere in this Code.
Applicants may file multiple applications for non-concurrent
actions/approvals. However, applications shall be reviewed and processed
in the sequence required pursuant to this Code. After each application
receives final action, the next consecutive application in the Code
process will be reviewed for completeness pursuant to the appropriate
process.
Any application submitted simultaneously with other applications
is subject to approval of all other related applications that are
prerequisite(s) to consideration of another application in the development
process. Denial or disapproval of any concurrently submitted application
shall prevent consideration of any related applications unless and
until the denied or disapproved application is resolved or approved.
An applicant may withdraw any individual application from a
group of simultaneously submitted applications.
(Ordinance 09-O-02 adopted 1/28/2009)
3.04.01 Preapplication Conference.
Prior to submission of an application, a preapplication conference
between the applicant and the City Manager is recommended. A preapplication
conference is a meeting between a potential applicant under this Code
and the City Manager or his designee. The conference is an opportunity
for an applicant to describe the development that will be submitted
and for the City Manager to explain the development process (i.e.,
which application is appropriate, which review body is responsible
for final action, what the potential timelines for review may be,
and what criteria will be used to determine whether the application
may be approved). Completion of a preapplication conference does not
imply or indicate subsequent City approval of the permit or application.
3.04.02 Application Forms and Fees.
The following regulations shall apply to all applications.
A. Forms.
1. Applications
required under this Code shall be submitted on forms, with any requested
information and attachments, and in such numbers, as required by the
City and/or indicated in the Administrative Procedures Manual. The
City Manager shall have the authority to request any pertinent information
required to ensure compliance with this Code.
2. The
City Manager must make any submission requirements and applicable
fee requirements available to the applicant as a part of the Administrative
Procedures Manual.
3. The
City Council may, from time to time, adopt by resolution specific
forms and submission requirements. Such resolution shall be incorporated
as an Appendix to this Code.
5. Development
applications shall be prepared and submitted in a format acceptable
to the City Manager.
B. Fees.
1. Development
and permit application fees shall be established from time to time
by ordinance of the City Council.
2. All
required fees shall be made payable to “The City of Liberty
Hill”, by local check, money order, or cashier’s check.
3. An
applicant who has paid the appropriate fee pursuant to submission
of an application, but who chooses to withdraw such application prior
to the formal written notification of completeness or incompleteness,
shall be entitled to a refund of fifty (50) percent of the total amount
paid upon written request to the City. The application fee required
for all policy or legislative applications is not refundable.
3.04.03 Application Deadline.
All applications shall be completed and submitted to the City
Manager in accordance with the Administrative Procedures Manual. An
application shall not be considered as officially submitted or filed
until it is determined to be complete as specified below.
3.04.04 Determination of Application Completeness.
A determination whether an application is complete will be made
by the City Manager within fifteen (15) working days of submittal
of the application.
If the application is determined to be incomplete, the City
Manager shall notify the applicant in writing. If the application
is not resubmitted within a period specified by the City Manager,
a new application and fee shall be required.
3.04.05 Expiration of Inactive Permits and Approvals.
Approvals and permits issued pursuant to this Code shall expire
according to the following Table 3-2. The following general provisions
apply:
A. Notification
of the expiration of regulations shall be provided to the applicant
as part of the notification of approval of the development-related
permit.
B. A Letter
of Regulatory Compliance or Written Interpretation stays in effect
indefinitely where no related development is proposed. Upon submission
of a proposed development application related to the Letter of Regulatory
Compliance or Written Interpretation, the Letter of Regulatory Compliance
or Written Interpretation shall expire according to Table 3-2 unless
the proposed development is not pursued.
C. A development
for which an approval or permit has been issued pursuant to this Code
shall be considered to be in process as set forth below:
D. A complete
building permit application has been submitted or, if no building
permit is required, a certificate of occupancy has been issued.
E. In
case of projects where more than one building or phase is to be built,
the applicant may submit a series of building permit applications.
The first application must be submitted within twelve (18) [sic] months
from the date site plan approval is granted. Each subsequent application
must be submitted within twelve (18) [sic] months from the date of
issuance of a certificate of occupancy for the previous building or
phase.
F. A lapse
of a period equal to or greater than the period set forth in Table
3-2 shall cause the related approvals or permits to expire and be
of no further force and effect.
G. The
City Manager may extend the expiration date of any permit one time
for a period not to exceed one (1) year in length. Such extension
may be granted at any time prior to or within the twelve (12) months
preceding the expiration date, but the extension period may not begin
later than the original expiration date.
H. Reinstatement
of a lapsed approval shall require the applicant to pursue the same
submittal and to obtain approval as an original application.
I. Any
minor plat, replat, amending plat, preliminary plat, final plat, concept
plan (approved pursuant to previous Subdivision Regulations) or Detailed
Development Plan (approved pursuant to previous Subdivision Regulations)
that is dormant in accordance with the provisions of Texas Local Government
Code section 245.005 will expire within the provision for expiration
described in the most current version of Texas Local Government Code
section 245.005.
Table 3-2: Expiration of Inactive Permits or Approvals
|
---|
Procedure
|
Expiration
|
---|
Letter of Regulatory Compliance
|
12 months
|
Plan Consistency Review
|
12 months
|
Written Interpretation
|
12 months
|
Temporary Use Permit
|
2 months (or as specified in Permit)
|
Administrative Plat
|
No Expiration
|
Site Plan Review
|
12 months
|
Building Permit (Sign-related only)
|
12 months
|
Stormwater Permit
|
12 months
|
Certificate of Design Compliance
|
12 months
|
Appeal of Administrative Decision
|
12 months
|
Administrative Exception
|
12 months
|
Variance
|
12 months
|
Master Sign Plan
|
12 months
|
Construction Plan
|
|
Subdivision Plat
|
24 months
|
Special Use Permit
|
No Expiration
|
Conditional Use Permit
|
12 months
|
Historic District Designation
|
12 months
|
Planned Unit Development
|
No Expiration
|
Comprehensive Plan Amendment
|
24 months
|
Zoning Map Amendment (Rezoning)
|
No Expiration
|
Unified Development Code Text Amendment
|
No Expiration
|
3.04.06 Written Decision after Final Action.
Within ten (10) days after a final decision is made by the authority
authorized to make the final determination under the requirements
of this Code, a copy of the written decision will be sent to the applicant.
A copy of the notice will be filed at the Office of the City Manager,
where it will be available for public inspection during regular office
hours. The written decision will also state the final action authority’s
findings, conclusions, and supporting reasons or facts whenever this
Code requires such findings as a prerequisite to the final action.
3.04.07 Limitation on Reapplication.
If any development permit application or other application for
approval, any petition for a plan amendment or any petition for an
amendment to this Code is disapproved by the final action authority,
another application or petition for the same permit, approval, or
amendment for the same property or any portion thereof may not be
filed within a period of ninety (90) days or within a period of twelve
(12) months for zoning change applications from the date of final
disapproval, except with written approval of the City Council. Such
reapplication must demonstrate:
A. There
is a substantial change in circumstances relevant to the issues and/or
facts considered during the original review of the application that
might reasonably affect the decision-making body’s review of
the relevant standards to the development described in the application;
or
B. New
or additional information is available that was not available at the
time of the original application that might reasonably affect the
decision-making body’s review of the relevant standards to the
proposed development; or
C. A new
application is proposed to be submitted that is materially different
(e.g., proposes new uses, or a substantial decrease in proposed densities
and intensities) from the prior application; or
D. The
final decision on the application was based on a material mistake
of fact.
(Ordinance 09-O-02 adopted 1/28/2009)
3.05.01 Establishment of Review Period.
The City Manager is required to establish a standard time period
for review and final action on all applications. This information
will be published in the Administrative Procedures Manual. This review
period will be used to determine the number of days for all time limits
within this Code. If the City Manager fails to establish review periods
for each procedure, the default review period will be ninety (90)
days unless State law imposes a shorter period, in which event the
shorter period will prevail.
3.05.02 Restrictions on Review Period Serving as Time Limit.
All time requirements are guidelines, and do not require final
action within a specified period of time. The following rules describe
administration of time requirements.
A. If
a final action has not been taken on an application by the appropriate
City staff, board, or commission, at the end of the time requirement
for that application, there will be no penalty assessed to the applicant
or final review authority. In these cases, consideration of the application
continues, however the application becomes eligible for final action
upon written request of the applicant.
B. Ongoing
consideration of an application beyond the standard review period
allows a review body or the final action authority to work in good
faith with the applicant to make changes, modifications, and corrections
in order to continue consideration of an application that might otherwise
be disapproved without the changes, modifications, or corrections.
If the applicant elects to proceed without making any changes, modifications,
or corrections to the application, the applicant may request action
as provided in Section 3.05.02.C below.
C. Once
consideration of an application has continued past the standard review
period and is eligible for final action upon request of the applicant,
the applicant may request in writing a final action decision from
the final action authority. An administrative final action authority
must respond with written notification of final action within ten
(10) days.
3.05.03 Exception to Standard Review Period.
The standard review period for any application may be extended
one time for a period not to exceed thirty (30) days if a review body
or final action authority requests additional studies or information
concerning the application. Such an extension may not be granted after
an applicant has requested final action. For purposes of a subdivision
plat, when a 30-day extension has been issued, the application is
deemed to have been denied but still subject to review by the City
of the applicable review authority. Exceptions to this review period
are as follows:
A. Standard
review periods may be extended by the City Manager as described below
when, in the opinion of the City Manager, conditions beyond the City’s
control exist that prevent the City Manager, other administrative
officials, or any final action authority from effectively reviewing
and considering all applications in a timely manner. Typical conditions
may include an excessive number of applications received by the City
during a certain period of time, inadequate staff time due to temporary
limitations of personnel resources or lack of availability of a required
professional staff member such as the City Engineer.
B. The
City Manager may initially declare that such conditions exist without
approval of the City Council, and must provide timely notice to all
affected applicants. During these periods, all applications being
considered are subject to the extended review period. No submittal
of an application may be refused during the extended review period.
C. The
City Manager will report the action requiring the extended review
period to the City Council at the next regular City Council meeting.
In order to have the review period officially changed, the City Council
must adopt a resolution establishing the extended review period at
that meeting. The period must have a time limit, not to exceed ninety
(90) days. If such a resolution is not adopted by the City Council,
then the authority of the City Manager to set aside standard review
periods for this exception is no longer valid.
D. Review
and processing of applications will continue during this extended
review period, pursuant to the implementation of the extended review
period.
E. If
the conditions causing the delay are not resolved, the process may
be repeated. An applicant may request final action, as specified in
Section 3.05.02.C above if the City has not taken final action on
the application one hundred and twenty (120) days after the date the
standard review period would have expired.
F. The
delay of standard review periods may not be implemented as a moratorium.
(Ordinance 09-O-02 adopted 1/28/2009)
3.06.01 Summary of Notice Required.
Notice shall be required for review of an application as shown
in the following table.
Table 3-3: Summary of Required Notice
|
---|
Procedure
|
Published
|
Mailed
|
Posted
|
---|
Administrative Appeal
|
|
|
|
Variance
|
X
|
X
|
X
|
Special Use Permit
|
X
|
X
|
X
|
Conditional Use Permit
|
X
|
X
|
X
|
Comprehensive Plan Amendment
|
X
|
|
|
Historic District Designation
|
X
|
X
|
X
|
Planned Unit Development
|
X
|
X
|
X
|
Zoning Map Amendment (Rezoning)
|
X
|
X
|
X
|
Unified Development Code Text Amendment
|
|
|
X
|
3.06.02 Published Notice.
The City Manager shall publish public notice at least once in
a local newspaper of general circulation within the City at least
15 days in advance of the meeting or hearing. The notice will contain
the time and place of such public meeting or hearing and a description
of the agenda items that may be considered or reviewed.
3.06.03 Mailed Notice.
A Notice of Public Hearing shall be sent by the City through
U.S. mail to owners of record of real property within 200 feet of
the parcel under consideration and within the City Limits of Liberty
Hill, as determined by the most recent tax rolls from the Williamson
Central Appraisal District. The notice must be mailed at least ten
(10) days prior to the date set for the public hearing.
3.06.04 Required Public Hearing.
Table 3-4 identifies the types of procedures requiring a public
hearing. Modifications of the application at the public hearing by
the Applicant can be referred back to the recommending body by the
decision-making body.
Table 3-4: Summary of Required Public Hearings
|
---|
Type of Application
|
Board of Adjustment
|
Planning & Zoning Commission
|
City Council
|
---|
Appeal of Administrative Decision
|
X
|
|
|
Variance Legislative and Judicial
|
X
|
|
|
Conditional Use Permit
|
|
X
|
X
|
Planned Unit Development
|
|
X
|
X
|
Comprehensive Plan Amendment
|
|
X
|
X
|
Zoning Map Amendment (Rezoning)
|
|
X
|
X
|
Unified Development Code Text Amendment
|
|
X
|
X
|
Appeal of Denial of Building Permit (sign-related)
|
X
|
|
|
X - Public Hearing Required
|
3.06.05 Conduct of Public Hearings.
All public hearings shall follow the procedures set forth by
the City of Liberty Hill. Modifications of the application during
a public hearing may be made if assurances can be given by the applicant
that the changes will be made. The City Council or other review authority
holding the public hearing may approve or recommend action on the
application subject to the suggested changes being made and incorporated
into the new application.
All findings and conclusions necessary to the permit or decision
(crucial findings) shall be based upon reliable evidence. Competent
evidence (evidence that people of ordinary prudence would rely on
in conducting their own affairs) shall be preferred whenever reasonably
available, but in no case may crucial findings be based solely upon
incompetent evidence unless competent evidence is not reasonably available,
the evidence in question appears to be particularly reliable, and
the matter at issue is not seriously disputed.
(Ordinance 09-O-02 adopted 1/28/2009)
This section provides specific approval criteria for the following
policy-related applications:
* Comprehensive Plan Amendments
* Code Text Amendments
* Conditional Use Permits
* Zoning Changes/Rezoning
* Planned Unit Developments (PUDs)
* Variance
3.07.01 Comprehensive Plan Amendment.
A. Applicability.
The Comprehensive Plan reflects Liberty Hill’s long-term
plan for growth and development. The City Council may, from time to
time, on its own motion or on petition, amend, supplement, change,
modify, or repeal the regulations, restrictions, and boundaries herein
established, or contained in the Comprehensive Plan.
B. Approval
Criteria.
The City Council may consider criteria it deems
relevant and important in taking final action on the amendment, but
shall generally determine that the amendment promotes the health,
safety, or general welfare of the City and the safe, orderly, and
healthful development of the City.
C. Responsibility
for Final Action.
Recommendations regarding Comprehensive
Plan amendments may be by [sic] made by the Planning and Zoning Commission.
The Planning and Zoning Commission shall forward their recommendation
to the City Council who is responsible for final action on Comprehensive
Plan Amendments.
3.07.02 Unified Development Code Text Amendment.
A. Applicability.
Amendments to this Code may be made from time to time in order
to establish and maintain sound, stable, and desirable development
within the jurisdiction of the City, or to correct errors in the text
or caused by changing conditions in a particular area or in the City.
All text amendments shall be in accordance with the Comprehensive
Plan. If the Comprehensive Plan is amended, the Code should also be
amended if found to be necessary or advisable by the Planning and
Zoning Commission.
B. Approval
Criteria.
The City Council may consider criteria it deems
relevant and important in taking final action on the amendment, but
shall generally determine that the amendment promotes the health,
safety, or general welfare of the City and the safe, orderly, and
healthful development of the City.
C. Responsibility
for Final Action.
Recommendations regarding the Code
text amendments shall be made by the Planning and Zoning Commission.
The Planning and Zoning Commission shall forward its recommendation
to the City Council who is responsible for final action on a Code
Text Amendments.
3.07.03 Conditional Use Permit.
A. Applicability.
Conditional Use permits allow for discretionary City Council
approval of uses with unique or widely varying operating characteristics
or unusual site development features, subject to the terms and conditions
set forth in this Code. These uses and the districts where they may
locate are listed in Section 4.09. These uses may locate in districts
as indicated under special conditions. No such use shall commence
without prior approval of a Conditional Use permit.
B. Approval
Criteria.
A binding Site Plan for the Conditional Use
Permit must be approved by the City Council in order to approve issuance
of a Conditional Use Permit.
1. The
Site Plan must be reviewed by the City Manager for compliance with
this Code.
2. In
addition to the criteria for zoning changes found in Section 2.5 [sic],
the City Council may approve an application for a Conditional Use
Permit where it reasonably determines that there will be no significant
negative impact upon residents of surrounding property or upon the
general public. The City Council will review the Conditional Use Permit
application based on the potential use’s impact on the health,
safety and welfare of the surrounding neighborhood; its impact on
public infrastructure such as roads, parking facilities and water
and sewer systems; and its impact on public services such as police
and fire protection and solid waste collection, and the ability of
existing infrastructure and services to adequately provide services.
3. Any
modification to an approved site plan that was filed as part of a
Conditional Use Permit shall cause the Conditional Use Permit to become
void, regardless of its current status, including any approval previously
given by the City Council.
4. Such
Conditional Use Permits must be resubmitted to the City Manager and
the City Council for consideration using the modified site plan.
5. The
City Manager may determine that the modification to the site plan
does not change the basis for Conditional Use Permit approval and
issue a temporary approval to the modified Conditional Use Permit.
In this case, the City Manager shall report this action in writing
to the City Council and place the modified Conditional Use Permit
directly on the City Council agenda for action at the Council’s
next meeting.
6. If
the City Manager determines that the modifications to the site plan
change the basis for the initial Conditional Use Permit approval,
the modified permit shall follow the regular review process for a
regularly submitted Conditional Use Permit.
C. Responsibility
for Final Action.
The City Council is responsible for
final action on applications for Conditional Use Permits.
3.07.04 Zoning Map Amendment–Rezoning.
A. Applicability.
For the purpose of establishing and maintaining sound, stable,
and desirable development within the corporate limits of the City,
the Official Zoning Map may be amended based upon changed or changing
conditions in a particular area or in the City generally, or to rezone
an area, or to extend the boundary of an existing zoning district.
All amendments must be in accordance with the Comprehensive Plan.
Newly annexed areas shall be zoned AG during the annexation process.
B. Approval
Criteria (Rezoning).
The City Council may consider criteria
it deems relevant and important in taking final action on the amendment,
but shall generally determine that the amendment promotes the health,
safety, or general welfare of the City and the safe, orderly, and
healthful development of the City.
C. Responsibility
for Final Action.
Conditions and proposed decisions regarding
rezoning shall be reviewed by the Planning and Zoning Commission.
The Planning and Zoning Commission shall forward its recommendation
to the City Council, which is responsible for final action on Zoning
Map Amendments.
3.07.05 Zoning Map Amendment–Planned Unit Development (PUD).
A. Applicability.
A PUD may be used to permit new or innovative concepts in land
utilization, master-planned communities, mixed use development that
other zoning districts do not accommodate, and to provide site-specific
compatibility standards. While greater flexibility is given to allow
special conditions or restrictions that would not otherwise allow
the development to occur, procedures are established to insure against
misuse of increased flexibility. PUDs are appropriate in areas where
the Comprehensive Plan reflects the specific uses proposed in the
PUD or where the Comprehensive Plan reflects mixed use as a land use
category.
B. Submission
Requirements.
The applicant is responsible for submitting
an application for a PUD that must include submission of a proposed
development ordinance with an attached General Development Plan. The
proposed ordinance, as modified and if approved by the City Council,
shall be binding on the applicant and its successors. Final action
on the PUD includes final action on the proposed development agreement.
Any future development permits must comply with the final approved
development ordinance.
The PUD development ordinance and general development plan must
provide sufficient information for the Council’s evaluation.
These submission items must also include development standards which
shall address: uses, density, lot area, lot width, lot depth, yard
depths and widths, setback requirements, building height, building
elevations, building articulation, parking, access, streets and circulation,
screening, landscaping, accessory buildings, signs, lighting, project
phasing or scheduling, management associations, restrictive covenants
and other restrictions, fiscal surety for completion of construction
of improvements, cost participation agreements, and other requirements
the City Council may deem appropriate.
C. Approval
Criteria (PUD).
Upon receipt of the Planning and Zoning
Commission’s recommendation to the City Council, the Council
will consider the following specific objectives and criteria in making
a determination on the development ordinance and general development
plan associated with the PUD. Rezoning to and development under the
PUD district will be permitted only if the development ordinance and
general development plan meet the following criteria:
1. Compatible
with the goals and policies of the Comprehensive Plan.
2. Assurance
of adequate utility infrastructure in conformance with utility and
drainage plans available.
3. Assurance
of a variety of housing types, employment opportunities or commercial
services to achieve a balanced community for families of all ages,
sizes and levels of income.
4. Provision
of a comprehensive transportation system for bicycle, pedestrian and
vehicular traffic that is connected and integrated with existing development.
5. Provision
of a gross site area as well-designed and appropriately improved open
space.
6. Development
is staged in a manner that can be accommodated by the timely provision
of public utilities, facilities and services.
D. Effect
of Council Approval.
City Council approval of a PUD also
constitutes final approval of the binding PUD development ordinance
and PUD general development plan that were attached to the PUD application,
as modified by the City Council.
E. The
PUD development ordinance, as modified and approved by the City Council,
becomes, in effect, a modification to the regulations and standards
of this Code that apply only to the area of land described by the
PUD development ordinance. All future or ongoing development approvals
or permits within the area of the PUD shall comply with the PUD development
ordinance in addition to this Code.
F. The
PUD general development plan, as modified and approved by the City
Council, becomes, in effect, an amendment to the City’s Comprehensive
Plan and Zoning Map that applies only to the area of land described
by the PUD. All future or ongoing development approvals or permits,
including any plat-related approval, shall comply with the PUD general
development plan in addition to the City’s Comprehensive Plan.
G. Minimum
Requirements.
Unless otherwise indicated in the approved
PUD development ordinance or PUD general development plan, the minimum
requirements for each development shall be those stated in this Code
for subdivisions and the requirements of the most restrictive standard
zoning district in which designated uses are permitted.
H. Responsibility
for Final Action.
Decisions regarding a Planned Unit
Development (PUD) shall by [be] reviewed by the Planning and Zoning
Commission. The Planning and Zoning Commission shall forward its recommendation
to the City Council, which is responsible for final action on a PUD.
(Ordinance 09-O-02 adopted 1/28/2009)
This section applies to general compliance issues related to
development within the City of Liberty Hill.
3.08.01 Letter of Regulatory Compliance (City Manager Approval).
A. Applicability.
The subdivider may obtain a Letter of Regulatory Compliance
from the City Manager prior to commencing work on any development,
and may be required to do so by the City as part of an application
for another procedure. The Letter of Regulatory Compliance certifies
that specific uses of land and any new development is in compliance
with the requirements of these development regulations.
B. Zoning
Verification Letter.
A Zoning Verification Letter is
a letter that indicates to a property owner that a specified use,
clearly identified in the application, is permitted within the zoning
district. A Zoning Verification Letter does not vest the property
owner with permission to proceed with a development; does not specify
requirements that must be met for future development; and does not
include a determination that a tract of land may be developed. The
City Manager may include additional information about the uses and
standards required for a development to proceed, however, and such
additional information does not constitute permission to proceed with
development.
C. Legal
Lot Verification Letter.
A Legal Lot Verification Letter
is a letter in accordance with section 212.0115 of the Texas Local
Government Code that indicates whether or not a lot has been properly
platted.
D. Responsibility
for Final Action.
The City Manager is responsible for
final action.
3.08.02 Written Interpretation of the Unified Development Code (City Manager
Approval).
The City Manager shall have the authority to make all written
interpretations of this Code. Whenever there appears to be an uncertainty,
vagueness, or conflict in the terms of the Code, the Manager, in consultation
with the staff, city engineer, or city attorney, as may be appropriate,
shall make every effort to interpret the Code in such a way that it
fulfills the goals of the Comprehensive Plan and the Code. The interpretation
given by the Manager shall be final unless an appeal is made by the
applicant to the Board of Adjustment to overturn his decision. In
such a case the burden shall be on the applicant to prove that the
Manager’s interpretation is unreasonable and in clear conflict
with the governing law and the goals of the Comprehensive Plan.
A. Submission
requirements for written interpretations will be developed by the
City Manager.
B. In
addition to the general criteria for consideration of administrative
procedures in Section 2.03, the City Manager will determine, based
on analysis of the requested interpretation, and considering this
Code, the correct interpretation for whatever question is raised.
C. The
City Manager will first determine that the application does not request
a written interpretation that is already clear in this Code or that
the application could more appropriately be decided through another
procedure in this Code. If this is the case, the City Manager shall
reject the applicant’s proposed written interpretation and refer
the applicant to the appropriate section of the Code. This reference
will serve as the written interpretation.
D. In
making a written interpretation, the City Manager may consider, but
is not limited to the following:
1. Any
previous written interpretations.
2. Best
practices in the planning and land development professions.
3. Current
practices of the City of Liberty Hill.
4. Any
other relevant source.
3.08.03 Stormwater Permit (City Engineer Approval).
A. A stormwater
permit is required prior to any development construction within the
City limits to ensure conformance to the stormwater management provisions
and other applicable requirements of this Code. Issuance of a site
development permit or a final plat for a single-family residential
subdivision within the City Limits constitutes approval of a Stormwater
Permit for that specific development.
B. The
applicant must ensure that the application for a stormwater permit
was prepared or reviewed and approved in writing by a licensed professional
engineer prior to submission to the City.
C. A stormwater permit will be issued after the City Engineer has determined that the development meets the stormwater and pollution management requirements of Chapter
5 of this Code.
D. Prior
to issuance of a stormwater permit, the City Manager or City Council
must approve the site plan for projects in the City’s ETJ to
ensure any required compliance with this Code.
E. A stormwater
permit approved by the City is condition[ed] upon approval of all
applicable related permits required from the Texas Environmental Quality
Commission (TCEQ), the U.S. Environmental Protection Agency (EPA)
or any other state or federal agency being issued by that agency.
Permits issued by entities such as the EPA, which may issue permits
closer in time to construction, shall be made available to the City
within seven (7) days after having received such permit(s).
F. The
City Engineer is responsible for final action.
3.08.04 Appeal of an Administrative Decision (BOA Approval).
A. Procedures including initiation of appeals of administrative decisions are explained in Chapter
2.
B. Effect
of Appeal.
All development activities permitted by the
action being appealed, or any subsequent approval, must stop upon
appeal, and remain inactive until the appeal is resolved. If the City
Manager certifies in writing that such a cessation of activity would
cause imminent peril to life and property, the development may proceed,
unless a stop order is issued by the BOA, or a restraining order is
issued by a competent court of record. The stop order or restraining
order stopping development must indicate the reason for stopping the
activity.
C. Alternative
Dispute Resolution.
Prior to hearing or deciding an appeal
of an administrative decision, the Chairperson of the Board of Adjustment
(BOA) may request that the applicant and administrative official agree
to mediation or other alternative form of resolution of the dispute
prior to a public hearing.
1. If
the applicant refuses to accept alternative resolution of the dispute,
the appeal will be heard and acted upon by the BOA no later than its
next meeting.
2. If
the applicant and administrative official cannot agree on a format
or mediator for the appeal within thirty (30) days, the Chairperson
of the BOA may assign a mediator.
3. The
mediator will coordinate the mediation or other alternative form of
resolution with the parties, including the date, time, and place of
meetings.
4. The
mediator may invite any person, organization or governmental unit
with relevant information to participate in the mediation. The parties
may suggest persons, organizations or governmental units that should
be requested to participate.
5. Both
parties will equally share any costs associated with the alternative
dispute resolution process, unless they agree otherwise in writing.
6. If
no alternative resolution of the dispute can be agreed to by both
parties, or if a party is not participating in good faith, the mediator
may declare an impasse. The appeal will then be heard and decided
at the next BOA meeting.
7. The
Board of Adjustment (and/or City Council) must approve, in a public
hearing, any alternative resolution of the appeal that involves a
minimal change in development standards of this Code and consistent
with all legal requirements.
D. Approval
Criteria.
The Board of Adjustment considers whether the
City Manager’s or City Council’s official action was appropriate
considering the facts of the case and the requirements contained in
this Code. The Board will make its decision based on this Code and
the information presented to the BOA by the applicant and the City
Manager or other administrative official.
E. Basis
for Appeal.
An applicant may only appeal the specific
reasons given for the administrative disapproval or denial. An applicant
may not appeal the disapproval or denial without effectively establishing
that the specific basis for the administrative disapproval or denial
was incorrect.
F. Burden
of Proof in Appeals.
When an appeal is taken to the Board
of Adjustment, the City Manager’s or other administrative official’s
action is presumed to be valid. The applicant shall present sufficient
evidence and have the burden to justify a reversal of the action being
appealed. The City Manager may present evidence and argument to the
contrary.
G. All
findings and conclusions necessary to the permit or appeal decision
(crucial findings) shall be based upon reliable evidence. Competent
evidence will be preferred whenever reasonably available, but in no
case may crucial findings be based solely upon incompetent evidence
unless competent evidence is not reasonably available, the evidence
in question appears to be particularly reliable, and the matter at
issue is not seriously disputed.
H. The
Board of Adjustment is responsible for final action.
3.08.05 Administrative Exception (BOA Approval).
A. Applicability.
Upon written receipt of an application requesting an Administrative
exception or adjustment, the City Manager may request the BOA to consider
an administrative exception or adjustment.
B. In
order to provide a method by which human error (e.g., miscalculations)
may be corrected, administrative exceptions or adjustments may be
permitted. Special exceptions are specified deviations from otherwise
applicable development standards where development is proposed that
would be:
1. Compatible
with surrounding land uses.
2. Harmonious
with the public interest.
3. Consistent
with the purposes of this Code.
C. The
BOA shall have the authority to authorize an adjustment of up to ten
(10) percent of any numerical standard.
D. Administrative
exceptions require compliance with all other elements of this Code
not specifically excused or permitted by the administrative exception.
E. Application
Requirements for Administrative Exceptions.
Submission
requirements for administrative exceptions will be developed by the
City Manager but applications must include an affidavit from the owners
or authorized agents of any property abutting the area subject to
the administrative exception attesting to the applicant’s exception.
F. Criteria
for Administrative Exceptions.
To approve an application
for an administrative exception, the Board of Adjustment must determine
that the following criteria are met:
1. That
granting the administrative exception serves an obvious and necessary
purpose.
2. That
granting the administrative exception will ensure an equal or better
level of land use compatibility than the otherwise applicable standards.
3. That
granting the administrative exception will not materially or adversely
affect adjacent land uses or the physical character of uses in the
immediate vicinity of the proposed development because of inadequate
buffering, screening, setbacks or other land use considerations.
4. That
granting the administrative exception will not adversely affect adjoining
property values in any material way.
5. That
granting the administrative exception will be generally consistent
with the purposes and intent of this Code.
G. The
Board of Adjustment is responsible for final action.
3.08.06 Variance (City Council or BOA Approval).
Procedures, including initiation of variances are explained
in this Section.
A. Applicability.
The City Council shall have the authority to hear and grant
requests for a variance from the development standards of this Code.
Waivers of the standards required for plat approval are not considered
variances and must be requested from the Planning and Zoning Commission
and then the City Council during the plat review process. Any variance
request up to ten (10) percent of any minimum or maximum measurement
required by this Code may be treated as an Administrative Exception
if the City Manager agrees to recommend the Administrative Exception.
A variance to the development standards of this Code will be considered
an exception to the regulations contained herein. Granting of a variance
in one case does not set a precedent for a subsequent case. Each variance
request will be judged on its own merit based on subparagraph (b)
[B.] below.
B. Criteria
for Review and Required Findings.
The City Council may
authorize a variance from the requirements of this Code when an unnecessary
hardship would result from the strict enforcement of this Code. In
granting a variance, the City Council shall first review the recommendation
of the Planning and Zoning Commission and then shall prescribe only
conditions that it deems not prejudicial to the public interest. In
making the required findings, the City Council shall take into account
the nature of the proposed use of the land involved, the existing
use of land in the vicinity, the number of persons who will reside
or work in the proposed development, the possibility that a nuisance
may be created, and the probable effect of such variance upon traffic
conditions and upon public health, convenience, and welfare of the
vicinity. No variance shall be granted unless the City Council finds
all of the following:
1. Extraordinary Conditions.
That there are extraordinary
or special conditions affecting the land involved such that strict
application of the provisions of this Code will deprive the applicant
of a reasonable use of its land. For example, a variance might be
justified because of topographic, or other special conditions unique
to the property and development involved, while it would not be justified
due to inconvenience or financial disadvantage.
2. Preservation of a Substantial Property Right.
That the
variance is necessary for the preservation of a substantial property
right of the applicant.
3. Substantial Detriment.
That the granting of the variance
will not be detrimental to the public health, safety, or welfare,
or injurious to other property in the area, or to the City in administering
this Code.
4. Other Property.
That the conditions that create the
need for the variance do not generally apply to other property in
the vicinity.
5. Applicant’s Actions.
That the conditions that
create the need for the variance are not the result of the applicant’s
own actions.
6. Comprehensive Plan.
That the granting of the variance
would not substantially conflict with the Comprehensive Plan and the
purposes of this Code.
7. Utilization.
That because of the conditions that create
the need for the variance, the application of this Code to the particular
piece of property would effectively prohibit or unreasonably restrict
the utilization of the property.
C. Insufficient
Findings.
The following types of possible findings do
not constitute sufficient grounds for granting a variance:
1. That
the property cannot be used for its highest and best use.
2. That
there is a financial or economic hardship.
3. That
there is a self-created hardship by the property owner or its agent.
4. That
the development objectives of the property owner are or will be frustrated.
D. Limitations.
The City Council may not grant a variance when the effect of
the variance would be any of the following:
1. To
allow the establishment of a use not otherwise permitted in the applicable
zoning district.
2. To
increase the density of a use above that permitted by the applicable
district.
3. To
extend physically a nonconforming use of land.
4. To
change the zoning district boundaries shown on the Official Zoning
Map.
E. Profitability
Not to Be Considered.
The fact that property may be utilized
more profitably should a variance be granted may not be considered
grounds for a variance.
F. Variances
from Floodplain or Stormwater Management Regulations.
The City Council shall make a final decision on any variance request
from floodplain or stormwater management regulations.
G. Responsibility
for Final Action.
Variance requests shall by [be] reviewed
by the Planning and Zoning Commission. The Planning and Zoning Commission
shall forward its recommendation to the City Council, which is responsible
for final action on the Variance request.
(Ordinance 09-O-02 adopted 1/28/2009)
This section applies to the following subdivision-related applications:
* Administrative Plat
* Preliminary Plat
* Final Plat
* Construction Plan
3.09.01 General Requirements for Approval of Plats.
A. Prior to the subdivision, resubdivision, or development of any land
within the City, all plans, and plats plans for infrastructure improvements
must first be approved in accordance with regulations specified in
Section 3.08 except for:
1.
Construction of additions or alterations to an existing building
where no drainage, street, utility extension or improvement, additional
parking or street access change is required to meet the standards
of this Code are necessary to support such building addition or alterations.
2.
Divisions of land created by order of a court of competent jurisdiction.
3.
A change in ownership of a property through inheritance or the
probate of an estate.
4.
Cemeteries complying with all state and local laws and regulations.
B. No land may be subdivided or platted through the use of any legal
description other than with reference to a plat approved by the Planning
and Zoning Commission or the City Administrator in accordance with
these regulations.
C. No building permit or certificate of occupancy may be issued for
any parcel or tract of land until such property has received final
plat approval and is in conformity with the provisions of this Code,
the plat has been recorded, public improvements have been accepted
by the City (if applicable), and no private improvements will take
place or be commenced except in conformity with these regulations
in this Code.
D. No person shall transfer, lease, sell or receive any part of a parcel
before an administrative plat or final plat of such parcel and the
remaining parcel have been approved by the Planning and Zoning Commission
in accordance with the provisions of these regulations in this Code
and filed of record with the County Clerk of Williamson County.
E. The platting or subdivision of any lot or any parcel of land, by
the use of GPS as a substitute for metes and bounds for the purpose
of sale, transfer, lease or development is prohibited. GPS may be
used as supporting documentation only and the datum source must be
referenced.
3.09.02 Administrative Plat Review.
A. Applicability.
Minor plats, amending plats, or replat
may be approved by the City Administrator following an evaluation
for plan compliance and technical compliance with this Code.
B. Minor Plat.
A minor plat is any plat for five or fewer
lots and that does not require any dedication of land to the City
of Liberty Hill.
C. Amending Plat.
A plat that complies with Texas Local
Government Code § 212.016, as amended, which is generally
submitted to correct errors and omissions when agreed to by all adjacent
property owners.
D. Replat.
Any plat that complies with Texas Local Government
Code § 212.014, as amended, which is generally submitted
to replat a subdivision or part of a subdivision without vacation
of the original plat.
E. Replatting a portion of a recorded lot is not permitted.
F. A replat does not itself constitute approval for development of the
property.
G. Any plat that requires a variance from Subdivision Design and Improvement
Standards, any utility dedication, or any dedication of land must
be approved as a preliminary plat by the Planning and Zoning Commission.
H. It shall be unlawful to offer and cause to be filed any plan, plat,
or replat of land within the City limits or ETJ of Liberty Hill of
record with the County Clerk unless the plan, plat or replat bears
the endorsement and approval of the City Administrator.
I. Approval Criteria.
All subdivisions and plats of land
shall be reviewed using the criteria in this Code. They must be reviewed
and approved before any final action may be taken by the City Administrator
or the developer.
J. Responsibility for Final Action.
The City Administrator
is responsible for final approval action on Administrative Plat Reviews.
If the City Administrator determines the Administrative Plat does
not meet the approval criteria, the application will be forwarded
to the Planning and Zoning Commission, which will take final action.
K. Action Following Plat Approval.
After approval of an
administrative plat, the subdivider shall notify the City Engineer
within ten (10) days which of the following construction procedure(s)
the subdivider proposes to follow:
1.
The subdivider may file a Construction Plan, and upon approval
of the Construction Plan by the City Administrator or his designee,
proceed with construction of streets, alleys, sidewalks, and utilities
that the subdivider is required to install. The City will inspect
the work as it progresses, and upon completion and final acceptance
by the City, and upon written request of the subdivider, the final
plat may be approved and filed of record with the County Clerk; or
2.
The subdivider may elect to post fiscal surety and assurance of construction as provided in Chapter
6, in which case the surety of assurance shall be filed with the City, together with a request that the plat be filed for record. In this case, the final plat will be approved and filed with the County Clerk. The subdivider shall pay the record filing fee. The City will inspect the construction work as it progresses and will make the final inspection to assure compliance with City requirements; and upon completion of construction, the subdivider shall deliver to the City a one (1) year guarantee of workmanship and materials.
3.
The City Engineer's signature on the construction documents
provides the requisite authority for the subdivider to proceed with
the construction of streets and utilities.
L. Recordation.
After the City Administrator has approved the plat, the City Engineer has approved the Construction Plan and the subdivider has either posted fiscal surety and assurance of construction (see Chapter
6) or completed required provision of infrastructure and public improvements, the final plat shall be recorded in the Office of the County Clerk. The subdivider will pay the record filing fee.
3.09.03 Preliminary Plat Review.
A. Applicability.
Preliminary Plat approval shall be required
before any land is subdivided (or does not meet the requirements of
Section 3.09.02, Administrative Plat Review).
B. Preliminary Plats are required for land being divided into separate
parcels, plats with six or more lots, and any plats that require a
dedication of land to the City.
C. Preliminary plats shall include the entire tract of land under common
ownership or common plan of development. Where property is part of
a common plan of development, not under common ownership, a preliminary
plat shall be filed that incorporates existing, approved preliminary
or final plat(s) within the common plan area.
D. It shall be unlawful to offer and cause to be recorded any Preliminary
Plat of land within the City limits or extraterritorial jurisdiction
of Liberty Hill with the County Clerk by any party other than the
City Administrator or another duly authorized representative of the
City of Liberty Hill.
E. Preliminary Plat Application Requirements.
Submission
requirements for the preliminary plat will be established by the City
Administrator, and will include basic engineering information necessary
for the Planning and Zoning Commission to render an informed recommendation
and for the City Council to render an informed decision. (Detailed
engineering information will be required for the Final Plat).
F. A plat submitted for consideration as a Preliminary Plat shall have
an area or signature block for any endorsement and approval by the
Planning and Zoning Commission. Preliminary Plats are not recorded
with the County Clerk.
G. Approval Criteria.
Subdivisions and plats of land shall
be reviewed using the criteria specified or referenced in State Law.
H. Subdivision Variances.
The Planning and Zoning Commission
may approve, approve with conditions, or disapprove of variances of
the standards required for plat approval, by using the criteria for
consideration of Variances in Section 3.08.06.
I. Responsibility for Final Action.
The Planning and Zoning
Commission shall be responsible for final action on the Preliminary
Plat.
J. Action Following Preliminary Plat Approval.
After approval
of a preliminary plat, the subdivider shall prepare and submit a final
plat.
3.09.04 Final Plat Approval.
A. Applicability.
Final plats are technically complete
versions of an already approved preliminary plat. No final plat may
be considered or approved unless the preliminary plat for the same
land has been approved.
B. Final plat review is required to ensure that a final recorded plat
includes final engineering diagrams and descriptions that conform
to the preliminary plat as approved by the Planning and Zoning Commission.
The final plat must incorporate all changes from the preliminary plat
that were considered and approved by the Planning and Zoning Commission.
C. Final Plat Application Requirements.
Submission requirements
for the final plat will be developed by the City Administrator.
D. When filed, the final plat must also provide all support documentation
required by the County Clerk's office for recordation.
E. A plat submitted for consideration as a final plat must have an area
or signature block for any endorsement and approval by the Planning
and Zoning Commission, as required to file the final plat with the
county clerk.
F. Estimates for posting fiscal surety for landscaping requirements,
maintenance, erosion and sedimentation control, roads, and utilities
are also required for final plat review.
G. Approval Criteria.
Subdivisions and plats of land shall
be reviewed using the criteria in this Code and any technical criteria
referenced by this Code.
H. A final plat must be determined to be consistent with a previously
approved preliminary plat.
I. A construction plan for any required or agreed improvements must
be approved by the City Administrator or his designee as required
in this Code.
J. Recordation.
If the City Council has approved the plat,
the City Administrator or his designee has approved the construction
plans, and the subdivider has either posted fiscal surety and assurance
of construction, or completed the required infrastructure and public
improvements, the final plat becomes the instrument to be recorded
in the Office of the County Clerk when all requirements have been
met. The subdivider shall pay the record filing fee and the City shall
file the final plat with the County Clerk.
3.09.05 Construction Plan (City Engineer Approval).
A. Applicability.
Construction plans must be submitted to the City Engineer for
all existing or proposed streets, sidewalks, drainage and utility
improvements, water quality controls, park improvements, and any other
infrastructure or public improvements that are required or proposed
to be constructed, reconstructed, improved, or modified to serve the
development. Where the final plat is for property being developed
in phases, the required construction plans must include the improvements
specified in the general development plan or preliminary plat to serve
the phase being platted. The construction plans are intended to provide
for the detailed engineering drawings for all improvements required
to serve the development. The construction plans must be kept as a
permanent record of the City. The City Engineer as referenced in this
Code is acting as agent for the City Manager, and shall have the powers
specified in this Code only to the extent that the Engineer is expressly
delegated those powers by the City Manager.
B. Responsibility
of Subdivider’s Engineer.
The registered professional
engineer representing the subdivider is responsible for the accuracy,
completeness and conformance of all plans to City standards and must
certify (with seal) the construction plans as to accuracy and design
and conformance with all applicable City requirements. The City assumes
no project design or engineering responsibility. The subdivider’s
professional engineer certifying the plans is responsible for the
accuracy and completeness of the documents and the soundness of the
designs as submitted for review and actual construction.
C. Approval
Criteria.
The purpose of the City Engineer’s review
is to ensure conformance to City policies and standards. However,
the City Engineer’s review is limited to facts as presented
on submitted plans.
D. The
City Engineer will approve any Construction Plan that is submitted
and sufficiently shows compliance with any city-approved or adopted
design or construction criteria manuals, or in the absence of city
approved or adopted design requirements, standard engineering practices.
E. The
City reserves the right to require corrections to actual conditions
in the field that are found to be contrary to or omitted from submitted
plans.
F. The
City Engineer may not approve a Construction Plan that does not adequately
represent construction of the approved infrastructure and public improvements
included in the approved administrative or preliminary plat, or that
he knows does not comply with this Code or other applicable law.
G. The
City Engineer is responsible for final action on Construction Plans.
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance
2023-O-032 adopted 8/23/2023)
This Section describes the applicability and specific approval
criteria for all Administrative Procedures necessary under this Code
and applicable to the following:
A.
|
Site Plan Review Site Development Permit
|
B.
|
Master Sign Plan and Sign Permit
|
C.
|
Temporary Use Permit
|
D.
|
Stormwater Permit
|
E.
|
Building Permit
|
F.
|
On-Site Wastewater Permit
|
3.10.01 Site Plan Review and Site Development Permit (City Manager and City
Council Approval).
A. Applicability.
Prior to any excavation, clearing, or other land alteration
for the purpose of development within the City limits an applicant
must submit a site plan for approval and issuance of a site development
permit under this section. No such excavation or development shall
be lawful or permitted to proceed without issuance of a site development
permit. All improvements reflected on approved site plans must be
constructed at the time of development. All terms and conditions of
site development permit approval must be met at the time of development.
B. Criteria
for Approval.
A site plan will be approved and a site development permit issued if the development is in compliance with the general criteria for approval of administrative review procedures, the requirements of Chapter
5 [6] of this Code (Site Development Standards) and the following additional criteria:
1. Compliance
with the general development plan and development agreement or ordinance
governing the parcel of land to which the site plan is related.
2. Compliance with any additional site plan approval criteria required under Chapter
5 [6] of this Code, or any additional approval criteria for overlay districts, or any site plan approval criteria adopted as part of a neighborhood or special area plan.
3. Prior
to final approval of any plan within the City Limits, the City Engineer
must certify to the City Manager that all requirements for a TCEQ
Stormwater Permit are met by the site plan. Approval of the site plan
constitutes approval of the Site Development Permit and Stormwater
Permit.
C. Responsibility
for Final Action.
The City Manager is responsible for
final action on developments specified in Section Chapter [sic] 2
of this Code. The City Council is responsible for final action on
all developments, after determination of compliance and recommendation
by the City Manager.
3.10.02 Master or Common Sign Plan (City Manager Approval).
A. Applicability.
A master sign plan shall be required for all multiple-tenant
buildings, PUDs, and all multi-building or multi-occupant commercial
developments before any signs for such development may be erected
on the property. All owners, tenants, subtenants and purchasers of
individual units within the development shall comply with the approved
master sign plan.
B. Criteria
for Approval.
In addition to the general administrative
review criteria in Section 2.03, the City Manager must determine the
following in order to approve the Master Sign Plan:
1. The plan provides for signs that meet the size and height limitations, location requirements, and other applicable requirements of Chapter
6 of this Code.
C. The
City Manager is responsible for final action.
3.10.03 Sign Permit (City Manager Approval).
A. Applicability.
No sign may hereafter be erected, moved, added to, or structurally
altered within the City or the ETJ without a permit issued by the
City Manager in conformity with the provisions of this Section and
Section 6.12 of this Code. No building permit issued under the provisions
of this Code for signs shall be considered valid unless signed by
the City Manager.
B. Criteria
for Approval.
In addition to the general criteria for
approval of administrative procedures, the City Manager shall base
the final action on the following criteria:
Whether the intended sign conforms in all respects with all
applicable regulations and standards of this Code and any applicable
construction or safety standards of the City’s building Code.
If the subject property has a Master Sign Plan, development
agreement or ordinance governing it, whether the plans, specifications
and intended use of such building or structures or part thereof, including
the proposed sign, conform in all respects to the development agreement
or ordinance.
C. The
City Manager is responsible for final action.
D. Appeals
of City Manager actions regarding sign-related building permits shall
be considered and decided by the City Council.
3.10.04 Temporary Use Permit (City Manager Approval).
A. Applicability.
Temporary uses, as identified in Chapter
4, are required to obtain a temporary use permit from the City Manager. The permit specifies the use, the period of time for which it is approved, and any special conditions attached to the approval.
B. Approval
Criteria.
In addition to the general criteria for consideration
of administrative procedures, the City Manager shall consider whether
the application complies with the following standards:
1. Land Use Compatibility.
The temporary use must be compatible
with the purpose and intent of this Code and the zoning district in
where it will be located. The temporary use shall not impair the normal,
safe, and effective operation of a permanent use on the same site.
The temporary use shall not endanger or be materially detrimental
to the public health, safety or welfare, or injurious to property
or improvements in the immediate vicinity of the temporary use, given
the nature of the activity, its location on the site, and its relationship
to parking and access points.
2. Compliance with Other Regulations.
A building permit
or temporary certificate of occupancy may be required before any structure
to be used in conjunction with the temporary use is constructed or
modified. All structures and the site as a whole shall meet all applicable
building Code, zoning district, and fire Code standards and shall
be promptly removed upon the cessation of the use or event. Upon cessation
of the event or use, the site shall be returned to its previous condition
(including the removal of all trash, debris, signage, attention attracting
devices or other evidence of the special event or use).
3. Duration.
The duration of the temporary use shall be
consistent with the intent of the use and compatible with the surrounding
land uses. The duration shall be established by the City Manager at
the time of approval of the temporary use permit.
4. Traffic Circulation.
The temporary use shall not cause
undue traffic congestion or safety concerns, as determined by the
City Engineer, given anticipated attendance and the design of adjacent
streets, intersections and traffic controls.
5. Off-Street Parking.
Adequate off-street parking shall
be provided for the temporary use, and it shall not create a parking
shortage for any of the other existing uses on or near the site.
6. Appearance and Nuisances.
The temporary use shall not
cause any temporary or permanent nuisance. The temporary use shall
be compatible in intensity, appearance and operation with surrounding
land uses in the area, and it shall not impair the usefulness, enjoyment
or value of adjacent property due to the generation of excessive noise,
dust, smoke, glare, spillover lighting, or other forms of environmental
or visual pollution.
7. Other Conditions.
The City Manager shall consider any
other conditions that may arise as a result of the temporary use.
C. Public
Conveniences and Litter Control.
Adequate on-site restroom
facilities may be required. Adequate on-site solid waste containers
may also be required. The applicant shall provide a written guarantee
that all litter generated by the event or use shall be removed within
a reasonable and appropriate timeframe at no expense to the City.
The guarantee shall be in a form and substance approved by the City
Manager, which may include the requirement of a fiscal posting.
D. Signs
and Attention-Attracting Devices.
The City Manager shall
review all signage in conjunction with the issuance of the permit.
The City Manager may approve the temporary use of attention-attracting
devices that generally conform to the requirements of this Code. The
City Manager may establish any additional conditions deemed necessary
to ensure land use compatibility and to minimize potential adverse
impacts on nearby uses, including, but not limited to, time and frequency
of operation, temporary arrangements for parking and traffic circulation,
requirements for screening/buffering, and guarantees for site restoration
and cleanup following the temporary use.
E. The
City Manager is responsible for final action.
3.10.05 On-Site Wastewater Permit (Williamson County Approval).
A. Applicability.
On-site Wastewater permits shall be required from Williamson
County for any development that applies for a development permit and
wishes to use a septic tank or similar type of on-site wastewater
system.
B. Approval
Criteria.
Williamson County has established criteria
for review and approval for an on-site wastewater permit application.
Consult the Williamson County Health Department for further information.
C. Williamson
County is responsible for final action.