City of Liberty Hill, TX Applications and Permits

§ 3.01 Purpose and Intent.

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 Application and Permit Clarification.

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.

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.

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.

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.

Table 3-1: Applications and Permits
Development in City Limits	Development in ETJ	City Council	Planning and Zoning Commission	Board of Adjustment	Parks and Recreation Commission	Administrative Review	Williamson County
POLICY-RELATED APPLICATIONS AND PERMITS
Comprehensive Plan Amendment	Comprehensive Plan Amendment	X	O		O	O
UDC Text Amendment	UDC Text Amendment	X	O		O	O
Zoning Map Amendment		X	O		O	O
Planned Unit Development		X	O		O	O
Special Use Permit		X	O		O	O
SUBDIVISION-RELATED APPLICATIONS AND PERMITS
Plan Consistency Review	Plan Consistency Review					X
Minor Plat	Minor Plat					X
Amending Plat	Amending Plat					X
Replat	Replat					X
Development Plat	Development Plat	X	O
Preliminary Plat	Preliminary Plat	X	O
Construction Plan	Construction Plan					X
Final Plat	Final Plat
DEVELOPMENT-RELATED APPLICATIONS AND PERMITS
Zoning Verification Letter						X
Legal Lot Verification Letter	Legal Lot Verification Letter					X
Written Interpretation	Written Interpretation					X
Master Sign Plan	Master Sign Plan					X
On-site Wastewater Permit	On-site Wastewater Permit						X
Site Plan Review						X
Site Development Permit		X				O
Certificate of Design Compliance			O			X
Stormwater Permit	Stormwater Permit					X
Administrative Decision						X
Appeal of an Administrative Decision				X
Administrative Exception				X
Variance		X	O
Temporary Use Permit						X
Building Permit	Building Permit (Signs and Utility Permits Only)					X

Notes:
X	Final Review Authority
O	Initial Review or Recommending Authority
A	Advisory Review
Williamson County has review authority in the City’s ETJ until the City and County have entered into an interlocal agreement which defines the authority and procedures otherwise.

(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.

Development Requiring Multiple Approvals.

The following restrictions apply to development applications requiring multiple approvals:

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.

Subdivision applications may generally be considered concurrently.

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.

Development or permit applications may generally be considered concurrently.

No Development or permit application may be considered if there is pending subdivision activity for the same tract of land, except for administrative determinations.

Appeals of administrative decisions may only occur after a final decision by the City Manager.

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.

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 Common Review Elements.

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.

Forms.

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.

The City Manager must make any submission requirements and applicable fee requirements available to the applicant as a part of the Administrative Procedures Manual.

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.

Submission Requirements

Development applications shall be prepared and submitted in a format acceptable to the City Manager.

Fees.

Development and permit application fees shall be established from time to time by ordinance of the City Council.

All required fees shall be made payable to “The City of Liberty Hill”, by local check, money order, or cashier’s check.

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:

Notification of the expiration of regulations shall be provided to the applicant as part of the notification of approval of the development-related permit.

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.

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:

A complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued.

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.

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.

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.

Reinstatement of a lapsed approval shall require the applicant to pursue the same submittal and to obtain approval as an original application.

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:

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

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

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

The final decision on the application was based on a material mistake of fact.

(Ordinance 09-O-02 adopted 1/28/2009)

§ 3.05 Standard Review Period.

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.

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.

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.

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:

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.

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.

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.

Review and processing of applications will continue during this extended review period, pursuant to the implementation of the extended review period.

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.

The delay of standard review periods may not be implemented as a moratorium.

(Ordinance 09-O-02 adopted 1/28/2009)

§ 3.06 Public Hearing and Notice.

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)

§ 3.07 Policy-Related Applications.

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.

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.

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.

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.

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.

Approval Criteria.

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.

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.

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.

The Site Plan must be reviewed by the City Manager for compliance with this Code.

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.

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.

Such Conditional Use Permits must be resubmitted to the City Manager and the City Council for consideration using the modified site plan.

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.

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.

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.

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.

Approval Criteria (Rezoning).

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).

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.

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.

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:

Compatible with the goals and policies of the Comprehensive Plan.

Assurance of adequate utility infrastructure in conformance with utility and drainage plans available.

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.

Provision of a comprehensive transportation system for bicycle, pedestrian and vehicular traffic that is connected and integrated with existing development.

Provision of a gross site area as well-designed and appropriately improved open space.

Development is staged in a manner that can be accommodated by the timely provision of public utilities, facilities and services.

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.

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.

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.

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.

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)

§ 3.08 Development Related Compliance Issues.

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).

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.

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.

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.

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.

Submission requirements for written interpretations will be developed by the City Manager.

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.

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.

In making a written interpretation, the City Manager may consider, but is not limited to the following:

Any previous written interpretations.

Best practices in the planning and land development professions.

Current practices of the City of Liberty Hill.

Any other relevant source.

3.08.03

Stormwater Permit (City Engineer Approval).

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.

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.

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.

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.

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).

The City Engineer is responsible for final action.

3.08.04

Appeal of an Administrative Decision (BOA Approval).

Procedures including initiation of appeals of administrative decisions are explained in Chapter 2.

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.

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.

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.

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.

The mediator will coordinate the mediation or other alternative form of resolution with the parties, including the date, time, and place of meetings.

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.

Both parties will equally share any costs associated with the alternative dispute resolution process, unless they agree otherwise in writing.

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.

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.

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.

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.

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.

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.

The Board of Adjustment is responsible for final action.

3.08.05

Administrative Exception (BOA Approval).

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.

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:

Compatible with surrounding land uses.

Harmonious with the public interest.

Consistent with the purposes of this Code.

The BOA shall have the authority to authorize an adjustment of up to ten (10) percent of any numerical standard.

Administrative exceptions require compliance with all other elements of this Code not specifically excused or permitted by the administrative exception.

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.

Criteria for Administrative Exceptions.

To approve an application for an administrative exception, the Board of Adjustment must determine that the following criteria are met:

That granting the administrative exception serves an obvious and necessary purpose.

That granting the administrative exception will ensure an equal or better level of land use compatibility than the otherwise applicable standards.

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.

That granting the administrative exception will not adversely affect adjoining property values in any material way.

That granting the administrative exception will be generally consistent with the purposes and intent of this Code.

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.

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.

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:

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.

Preservation of a Substantial Property Right.

That the variance is necessary for the preservation of a substantial property right of the applicant.

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.

Other Property.

That the conditions that create the need for the variance do not generally apply to other property in the vicinity.

Applicant’s Actions.

That the conditions that create the need for the variance are not the result of the applicant’s own actions.

Comprehensive Plan.

That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code.

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.

Insufficient Findings.

The following types of possible findings do not constitute sufficient grounds for granting a variance:

That the property cannot be used for its highest and best use.

That there is a financial or economic hardship.

That there is a self-created hardship by the property owner or its agent.

That the development objectives of the property owner are or will be frustrated.

Limitations.

The City Council may not grant a variance when the effect of the variance would be any of the following:

To allow the establishment of a use not otherwise permitted in the applicable zoning district.

To increase the density of a use above that permitted by the applicable district.

To extend physically a nonconforming use of land.

To change the zoning district boundaries shown on the Official Zoning Map.

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.

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.

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)

§ 3.09 Subdivision-Related Applications.

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.

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:

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.

Divisions of land created by order of a court of competent jurisdiction.

A change in ownership of a property through inheritance or the probate of an estate.

Cemeteries complying with all state and local laws and regulations.

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.

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.

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.

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.

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.

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.

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.

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.

Replatting a portion of a recorded lot is not permitted.

A replat does not itself constitute approval for development of the property.

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.

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.

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.

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.

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:

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

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.

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.

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.

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).

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.

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.

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.

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).

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.

Approval Criteria.

Subdivisions and plats of land shall be reviewed using the criteria specified or referenced in State Law.

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.

Responsibility for Final Action.

The Planning and Zoning Commission shall be responsible for final action on the Preliminary Plat.

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.

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.

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.

Final Plat Application Requirements.

Submission requirements for the final plat will be developed by the City Administrator.

When filed, the final plat must also provide all support documentation required by the County Clerk's office for recordation.

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.

Estimates for posting fiscal surety for landscaping requirements, maintenance, erosion and sedimentation control, roads, and utilities are also required for final plat review.

Approval Criteria.

Subdivisions and plats of land shall be reviewed using the criteria in this Code and any technical criteria referenced by this Code.

A final plat must be determined to be consistent with a previously approved preliminary plat.

A construction plan for any required or agreed improvements must be approved by the City Administrator or his designee as required in this Code.

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).

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.

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.

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.

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.

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.

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.

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)

§ 3.10 Nonresidential Development Related Procedures.

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).

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.

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:

Compliance with the general development plan and development agreement or ordinance governing the parcel of land to which the site plan is related.

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.

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.

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).

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.

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:

The plan provides for signs that meet the size and height limitations, location requirements, and other applicable requirements of Chapter 6 of this Code.

The City Manager is responsible for final action.

3.10.03

Sign Permit (City Manager Approval).

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.

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.

The City Manager is responsible for final action.

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).

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.

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:

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.

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).

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.

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.

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.

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.

Other Conditions.

The City Manager shall consider any other conditions that may arise as a result of the temporary use.

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.

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.

The City Manager is responsible for final action.

3.10.05

On-Site Wastewater Permit (Williamson County Approval).

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.

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.

Williamson County is responsible for final action.