The purpose of this Chapter is to establish zoning districts within the City Limits of Liberty Hill, allowable uses within each district, and procedures for special and temporary uses within each district. Existing usage will be allowed to continue unless the usage changes.
(Ordinance 09-O-02 adopted 1/28/2009)
4.02.01 
Creation of Official Zoning Map.
The City is divided into zoning districts, shown on the Official Zoning Map, which is hereby adopted by reference and declared to be a part of this Code. The Official Zoning Map shall be identified by the signature of the Mayor, attested to by the City Secretary and bear the Seal of the City of Liberty Hill under the following words:
“This is to certify that this is the Official Zoning Map referred to in Section [4.02] of the Unified Development Code, Ordinance No. _______ of the City of Liberty Hill, Texas.”
4.02.02 
Changes to the Official Zoning Map.
A. 
If, in accordance with the provisions of this Code and section 211.006 of the Texas Local Government Code, as amended, changes are made in the district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map, within (15) business days after the amendment has been approved by the City Council and signed by the Mayor.
B. 
Approved zoning changes shall be entered on the Official Zoning Map by the City Manager and each change shall be identified on the Map with the date and number of the Ordinance making the change.
C. 
No change of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with procedures set forth in this Code.
4.02.03 
Digital Mapping.
Digital maps, created through the use of Geographical Information Systems (GIS) technology, may be used in the administration and enforcement of this Code, but will not replace the paper originals of official maps required by this Code.
4.02.04 
Interpreting Zoning District Boundaries.
The City Manager or the Council’s designee shall provide clarification when uncertainty exists as to the current boundaries of districts as shown on the Official Zoning Map.
(Ordinance 09-O-02 adopted 1/28/2009)
Any decision to amend the Official Zoning Map shall be made based on the criteria in Chapter 2 and 3. No rezoning action may specifically vary from the Permitted Uses Table found in Section 4.09 or from the Future Land Use Map included in the Comprehensive Plan.
4.03.01 
Newly Annexed Territory.
A. 
Initial Default Zoning.
All new territory hereinafter annexed to the City shall have the Agriculture (AG) zoning district classification. No special action or hearing will be required for zoning upon annexation into the Agriculture (AG) district.
B. 
Rezoning from Default Zoning.
Rezoning of newly annexed territory may begin upon completion of annexation of the area, while staying within guidelines set forth by the State.
C. 
Exception for lots already partially within City Limits.
Newly annexed territory that is part of a lot already annexed or within City Limits will be zoned directly to the zoning designation of the portion of the lot already within the City.
(Ordinance 09-O-02 adopted 1/28/2009)
The Future Land Use Map should be consulted for areas located outside of the current City Limits of Liberty Hill in order to determine the recommended use(s) of land for a specific area. For example, in areas where the Future Land Use Map indicates Medium Density Residential Development, but also reflects Duplex Residential, Mixed Use and Neighborhood Commercial Districts, a developer is encouraged to consider utilizing Duplex Residential and Commercial development within proposed development in that area. Note Future Land Use Map for those areas that are designated as Mixed Use, Clustered Residential, or Duplex Residential. It is the intent of the Comprehensive Plan and this Code to encourage a mix of uses.
(Ordinance 09-O-02 adopted 1/28/2009)
The following Zoning Districts reflect the recommended future land use areas, currently included in the City of Liberty Hill’s Comprehensive Plan. Special planning areas are identified in the following Zoning District Table as Overlay Districts. Each zoning district also contains lot standards that apply to those lots within the zoning district. Portions of the City of Liberty Hill, as specified on the Official Zoning Map of the City, are hereby divided into the following zoning districts. (refer to Section 4.09 for allowable uses within each Zoning District and Table 4-4 for Lot Standards per Zoning District):
Table 4-1
RESIDENTIAL DISTRICTS
 
Agricultural
AG
Low Density Residential
SF1
Medium Density Residential
SF2
High Density Residential
SF3
Duplex Residential
TF
Multifamily Residential
MF1
Multifamily Residential
MF2
Manufactured Housing
MH1
NONRESIDENTIAL DISTRICTS
 
Neighborhood Commercial/Retail
C1
Downtown Comm./Retail
C2
General Comm./Retail
C3
Light Industrial/Warehousing
I1
General Industrial
I2
Public/Community Facility
P
Park
PARK
SPECIAL DISTRICTS
 
Planned Unit Development
PUD
Downtown Overlay
OD
(Ordinance 09-O-02 adopted 1/28/2009)
A. 
Agricultural (AG).
This district is intended to maintain agricultural land until such time as it is appropriate for more intense development. Any property which is annexed into the city is initially classified as AG until a rezoning request is considered (which may be considered concurrently).
B. 
Low Density Residential (SF1).
This district is intended to provide for conventional detached single-family dwellings at a density not exceeding one dwelling unit per acre. The character of these developments is rural, protected from incompatible uses and with adequate facilities and services.
C. 
Medium Density Residential (SF2).
This district is intended to provide for conventional detached single-family dwellings at a density not to exceed 6.7 units per acre (minimum lot size of 6,500 sf). The character of these developments is residential neighborhoods, protected from incompatible uses, and is provided with necessary and adequate facilities and services.
D. 
High Density Residential (SF3).
This district is intended to provide for various types of residential development, including conventional single- and two-family residences and higher density residences, such as triplexes, townhomes, garden homes, condominiums, and apartments. The purpose of this district is to provide for development of quality multiple-family living in a moderately dense setting, at a density not to exceed 10 units per acre. This district is further intended to encourage efficient utilization of land, affordable housing opportunities, open space preservation, and traditional neighborhood development, through pedestrian-friendly, suitable residential neighborhoods, protected from incompatible uses and with necessary facilities and services. Context-sensitive design standards and landscaping are required to ensure a quality and enjoyable living environment.
E. 
Duplex Residential (TF).
The duplex or two-family district is intended to provide opportunities for two attached single-family residences at a maximum density of 8 units per acre. Duplexes are intended to provide affordable housing options, but should not occupy more than 20% of all units in single-family residential subdivisions.
F. 
Multifamily Residential (MF1).
The purpose of this district is [to] provide for development of quality multiple-family living including two-family residences and higher density residences, such as triplexes, town homes, garden homes, condominiums, and apartments in a moderately dense setting, at a density of 10 units per acre. This district is further intended to encourage efficient utilization of land, affordable housing opportunities, and open space preservation.
G. 
Multifamily Residential (MF2).
The multifamily district is intended to allow smaller and more financially-accessible dwelling units than the SF districts. The maximum density for this district is 20 units per acre.
H. 
Manufactured Housing (MH1).
The manufactured housing base district is a residential district intended to allow HUD-code manufactured housing on subdivided, individually owned lots, at a maximum density of 6.7 units per acre (minimum lot size 6,500 sf). Standards for the placement and anchoring of manufactured housing apply in this district.
I. 
Manufactured Housing Community (MH2).
This district is intended for areas containing HUD-code manufactured home units arranged either on a large tract, usually under single ownership and designed to accommodate multiple manufactured home units, or on subdivided lots that are individually owned.
(Ordinance 09-O-02 adopted 1/28/2009)
All nonresidential development shall adhere to development standards found in Chapter 6, Site Development Standards, as well as other applicable standards found in this Code. Existing Residential usage will be allowed to continue unless the usage changes. Infill will require adherence to be consistent with the stated zoning classification. All other uses will require a conditional use permit.
A. 
Neighborhood Commercial/Retail (C1).
This district is intended to provide for small-scale, limited impact retail and office business uses that are compatible with low and medium density residential neighborhoods. The uses permitted within this district are meant to serve the retail and personal service needs of residents in adjacent and nearby neighborhoods (1/4 to 1/2 mile). The nature of the permitted uses and scale of buildings are intended to blend with adjacent and nearby properties without causing adverse visual or environmental impacts.
B. 
Downtown Commercial/Retail (C2).
This district is intended to control and guide the development of commercial uses in downtown Liberty Hill. The standards in this district will allow continued, conforming use for existing uses as defined in the Zoning Use Table, and encourage new development in a compact, pedestrian-oriented environment.
C. 
General Commercial/Retail (C3).
This district is intended to provide for a wide range of commercial and retail goods and services. It is primarily intended for use in high-traffic areas adjacent to arterial streets and highways and is appropriate for relatively high-volume commercial centers. To protect the abutting and surrounding residential areas, certain restrictions are placed on the intensity of uses and emphasis is placed on standards for lighting, buffering, parking and location of driveway access.
D. 
Light Industrial/Warehousing (I1).
This district is intended to provide for low intensity, limited impact industrial uses, which may include office warehousing, wholesaling, product assembly and light manufacturing conducted primarily within the confines of a building.
E. 
General Industrial (I2).
This district is intended to provide land for manufacturing and industrial activities with generation of nuisance characteristics greater than activities permitted in the C3 and I1 districts. Uses within this district are not compatible with residential areas and neighborhood commercial uses. Industrial operations shall be primarily conducted within the confines of a building. Other activities, including outdoor processing of materials, storage of materials, and display of products are subject to conditional use standards for potential nuisance mitigation.
F. 
Public/Community Facility (P).
This district is intended for facilities providing governmental, religious, educational, health-care or social services, and public infrastructure facilities such as water plants, pump stations, wastewater treatment plants, lift stations and other such utility facilities.
G. 
Park (PARK).
The Park zoning district covers publicly and privately owned parks facilities. Proposed development near these districts should consider including parkland within the development to provide contiguity of parkland development.
(Ordinance 09-O-02 adopted 1/28/2009)
The overlay zoning districts address special siting, use and compatibility issues that require use and development regulations in addition to those found in the underlying zoning districts. If any regulation in an overlay zoning district requires a development standard different than the base zoning district standards, the more restrictive standard shall apply. These standards are also supplemented by standards found in other sections of this Code. When standards are in conflict, the more restrictive standard shall apply.
4.08.01 
Planned Unit Development (PUD).
The purpose of the Planned Unit Development District (PUD) is to provide land for uses and developments that promote development that is more sensitive to the natural environment, creates a significantly enhanced natural setting and/or sense of place, or otherwise enhances the standard pattern of development in Liberty Hill. Development is required to provide a higher level of amenities to its users or residents than what is usually required under the normal standards of this code. A PUD may be used to permit new or innovative concepts in land use not permitted by other zoning districts in this Code or to permit development projects that existing districts cannot easily accommodate. This district is appropriate in areas where the Comprehensive Plan reflects the specific uses proposed in the PUD or mixed use as a land category. Rezoning to the PUD district requires a specific PUD ordinance and a General Development Plan from the property owner. Applicants are responsible for developing the PUD Ordinance. See Section 3.07.05 for further information on PUD applications and applicability.
4.08.02 
Downtown Overlay District (O-D).
The Downtown Overlay District (O-D) is intended to create a pedestrian-friendly environment, enable a mixture of uses, promote higher residential density, and ultimately create a vibrant area as a gathering place for the community.
A. 
Location.
This overlay applies in the area identified as the Downtown Overlay District on the Official Zoning Map. The location generally corresponds to the Town Center Plan area in the Comprehensive Plan.
B. 
Development Standards.
Any base zoning district in the downtown overlay can be conditionally upzoned to C2, following the procedures and criteria for a conditional use permit.
C. 
Building Setbacks.
Building setbacks adjacent to Main Street right-of-way in the Downtown Overlay District shall generally be assumed to be zero (0) feet, or “built to” the right-of-way line and allow for sidewalk widths of ten feet (10'), if the sidewalk is not part of the existing right-of-way. Setbacks from the Main Street right-of-way may be allowed if outdoor cafe-style seating or other intentional public, pedestrian-oriented space is to be provided and is approved by the City. Front setbacks adjacent to streets in the Downtown Overlay district shall be similar to the nearest existing adjacent principal structure on the same street. Side setbacks shall reflect the context of the most adjacent similar use. For example, if the average side building separation between the most immediate principal structures is ten (10) feet, the proposed structure shall be positioned upon the lot to provide 10 feet of separation, or a minimum of 5 feet. The rear setback shall in no case be less than three feet.
D. 
Building Height Restriction.
In no case shall building height exceed 35 feet in the Downtown Overlay District. Revisions to this standard shall only be considered with respect to fire protection capability.
E. 
Site Orientation.
Buildings in the Downtown Overlay District shall be oriented such that the front facade of the building faces Main Street, or another collector street within the Downtown District, in such as [a] way as to be parallel to the street. Courtyards may exist between buildings, and buildings may open up to the courtyard; however, the front facade of the building must face the street as described above.
F. 
Landscaping.
All landscaping shall not obstruct pedestrian, bicycle or vehicular traffic. If the City Manager determines this to not be feasible, alternative landscaping can be implemented.
G. 
Parking.
For new developments or remodels of existing developments, off-street parking shall be provided according to the parking requirements found in Chapter 5 and 6 of this Code. When the City Manager determines not to be feasible, an in-lieu-of fee may be assessed to provide adequate parking at another location.
(Ordinance 09-O-02 adopted 1/28/2009)
4.09.01 
Types of Use.
All of the land use categories listed in the following use table (Table 4-2, Permitted Uses by Zoning District) are defined and described in Appendix A [Chapter 8.00]. The following paragraphs serve as a key to the summary table and indicate how each specific use is treated.
A. 
Uses Permitted By Right (“P”): indicates that a use is allowed by right. Such uses are subject to all other applicable regulations of this Code.
B. 
Conditional Uses (Permitted Subject to Conditional Use Standards) (“C”): indicates that a Conditional Use Permit must be applied for under the provisions of Section 3.07.03. The criteria for determining conditions under this permit are described in Section 4.10. Such uses are subject to all other applicable regulations of this Code.
C. 
Uses Not Allowed (“–”): indicates that a use is not allowed.
D. 
Uses Not Listed: The City Manager or the Council’s designee shall use the descriptions found in Chapter 10 [8.00] to determine how an unlisted use should be treated. The City Manager shall produce an administrative policy for addressing unlisted uses, consistent with all other provisions of this Code, either allowing for administrative decisions by the City Manager or requiring legislative action by the City Council, or a combination of both the above, depending on the circumstance.
Table 4-2: Zoning Use Table
P = permitted use
C = conditional use
RESIDENTIAL DISTRICTS
NONRESIDENTIAL DISTRICTS
Use Categories
Specific Use
AG
SF1
SF2
SF3
TF
MF
MH1
MH2
C1
C2
C3
I1
I2
P
PARK
Residential
Household Living
Single-Family Detached
P
P
P
P
P
P
P
P
P
P
–
–
–
–
–
 
Single-Family Attached
C
C
C
C
P
P
P
–
P
P
–
–
–
–
–
 
Duplex
–
–
C
C
P
P
P
–
–
C
–
–
–
–
–
 
Townhouse
–
–
C
C
P
P
P
–
P
P
–
–
–
–
–
 
Multifamily Dwelling
–
–
–
C
C
P
C
C
C
C
–
–
–
–
–
 
Manufactured Home
–
–
–
–
–
–
P
P
C
C
–
–
–
–
–
 
Home Occupation
C
C
C
C
C
C
C
C
P
P
–
–
–
–
–
 
Accessory Dwelling Units
C
P
P
P
–
–
C
C
–
C
–
–
–
–
–
Group Living
Group Home (5 or fewer)
C
C
C
C
C
C
C
–
P
P
–
–
–
–
–
 
Group Home (6 or more)
C
–
–
–
C
C
C
P
P
P
–
–
–
–
–
 
Nursing or convalescent home
C
–
–
–
C
C
C
–
P
P
–
–
–
–
–
 
Retirement center apartment
C
–
–
–
C
C
C
–
P
P
–
–
–
–
–
 
All other group living
C
–
–
–
C
C
C
C
P
P
–
–
–
–
–
Public and Civic Uses
Community Service
All community services
P
C
C
C
–
C
–
–
C
P
–
–
–
–
–
Day Care
Family home day care
P
P
P
P
C
C
P
P
P
P
–
–
–
–
–
 
Licensed child-care home
P
C
C
C
–
C
–
–
P
P
–
–
–
–
–
 
Day care center
C
C
C
C
–
 
–
–
P
P
P
P
–
–
–
Educational Facilities
All educational facilities
P
C
C
C
C
C
C
C
–
P
P
–
–
P
–
Government Facilities
Detention center
 
–
–
–
–
–
–
–
–
–
–
C
P
P
–
 
All other uses
 
–
–
–
–
–
–
–
C
P
C
C
P
P
–
Institutions
All institutions
 
–
–
–
C
C
–
–
C
P
–
–
–
P
–
Medical Facilities
Hospital services (General)
–
–
–
–
–
–
–
–
C
C
P
C
–
–
–
 
Hospital services (Limited)
–
–
–
–
–
–
–
–
C
P
P
C
–
–
–
 
All other medical facilities
–
–
–
C
C
C
–
–
C
C
P
C
–
–
–
Parks and Open Areas
Golf course/ country club
 
C
C
C
–
C
–
–
–
–
P
–
–
C
P
 
Cemetery, Crematoria, Mausoleums, Memorial Parks
 
–
–
–
–
–
–
–
–
–
C
C
P
P
–
 
All other parks and open [areas]
 
C
C
C
C
C
C
C
P
P
P
P
P
P
P
Passenger Terminals
Airports and heliports
C
–
–
–
–
–
–
–
–
–
C
C
P
C
–
 
Rail transit
C
–
–
–
–
–
–
–
–
P
C
C
P
P
–
Places of Workshop [Worship]
All uses
P
P
P
C
P
P
P
C
C
P
P
P
P
P
–
Utilities
All major uses
C
C
C
C
C
C
C
C
C
P
P
P
P
P
C
 
All minor uses
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
 
Wireless transmission facilities
C
C
C
C
–
C
–
–
C
C
C
C
P
C
C
Commercial Uses
Eating Establishments
All uses
–
C
C
C
C
C
C
C
C
P
P
C
–
–
C
Entertainment
Bar or tavern
–
C
C
C
C
C
C
C
C
P
P
P
C
–
–
 
Brewpub
–
–
–
–
–
–
–
–
C
P
P
P
C
–
–
 
Brewery
–
–
–
–
–
–
–
–
C
C
C
C
P
–
–
 
Distillery
–
–
–
–
–
–
–
–
C
C
C
C
P
–
–
 
Game Rooms
–
–
–
–
–
–
–
–
C
C
C
C
P
–
–
 
Winery
–
–
–
–
–
–
–
–
C
C
C
C
P
–
–
 
All other indoor
–
C
C
C
C
C
C
C
C
P
P
–
–
–
–
 
All outdoor entertainment
–
C
C
C
C
C
C
C
–
C
P
P
–
–
C
 
Sexually oriented business
–
–
–
–
–
–
–
–
–
–
–
C
C
–
–
Office
All uses
–
C
C
C
C
C
C
C
P
P
P
P
C
–
–
 
Bed and breakfast
C
C
C
C
–
C
–
–
–
P
P
–
–
–
–
Overnight Accommodations
All other uses
–
–
–
–
–
–
–
–
–
P
P
–
–
–
–
Parking, Commercial
All uses
–
–
–
–
–
–
–
–
–
P
C
P
P
P
–
Retail Sales and Service
All other sale-oriented uses
–
–
–
–
–
–
–
–
–
P
C
P
P
P
–
 
All personal service oriented
–
–
–
–
–
–
–
–
P
P
P
P
P
–
–
 
All repair-oriented uses
–
–
–
–
–
–
–
–
P
P
P
P
P
–
–
Self-Storage
All uses
–
–
–
–
–
–
–
–
–
C
P
C
C
–
–
Vehicle Sales and Service
Fuel Service
–
–
–
–
–
–
–
–
–
–
P
P
–
–
–
 
Hazardous material sales/service
–
–
–
–
–
–
–
–
–
–
C
C
P
–
–
 
Limited vehicle service
–
–
–
–
–
–
–
–
–
C
P
P
P
–
–
 
Vehicle sales, rental or [sic]
–
–
–
–
–
–
–
–
–
–
P
P
P
–
–
 
All other uses
–
–
–
–
–
–
–
–
–
C
P
P
P
–
–
Industrial Uses
Heavy Industrial
All uses
–
–
–
–
–
–
–
–
–
–
–
–
P
–
–
Light Industrial
Research, testing, and development lab
 
–
–
–
–
–
–
–
–
–
–
P
P
–
–
Warehouse and Freight Movement
All uses
–
–
–
–
–
–
–
–
–
–
–
P
P
–
–
Waste Related Services
All uses
–
–
–
–
–
–
–
–
–
–
–
C
P
–
–
Wholesale Trade
All uses
–
–
–
–
–
–
–
–
–
–
–
P
P
–
–
Other Uses
Agriculture
Farm stand
P
–
–
–
–
–
–
–
P
P
–
–
–
–
–
 
Kennel
C
–
–
–
–
–
–
–
–
–
–
P
P
–
–
 
All other uses
P
–
–
–
–
–
–
–
–
–
–
–
–
–
–
Resource Extraction
All uses
C
–
–
–
–
–
–
–
–
–
–
–
C
–
–
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance 14-O-11 adopted 4/14/2014; Ordinance 15-O-04 adopted 1/26/2015; Ordinance 22-O-03.02-01 adopted 3/2/2022; Ordinance 2022-O-05.25-01 adopted 5/25/2022; Ordinance 23-O-022 adopted 7/12/2023; Ordinance 2023-O-010 adopted 3/20/2023)
4.10.01 
Procedure and Criteria.
A conditional use application follows the same procedures as a rezoning application, The Planning and Zoning Commission will review an application for conditional use with consideration of the following criteria, which may exceed the standards prescribed in Chapter 6, Site Development Standards:
A. 
Consistency with the Comprehensive Plan.
B. 
Conformance with applicable regulations in this Code and standards established by the regulations.
C. 
Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk, scale, setbacks and open spaces, landscaping and site development, and access and circulation features.
D. 
Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent that such impacts exceed those which reasonably may result from use of the site by a permitted use.
E. 
Modifications to the site plan which would result in increased compatibility or would mitigate potentially unfavorable impacts or would be necessary to conform to applicable regulations and standards and to protect the public health, safety, morals and general welfare.
F. 
Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use.
G. 
Protection of persons and property from erosion, flood or water damage, fire, noise, glare and similar hazards of impacts.
H. 
Location, lighting and type of signs; and relation of sills to traffic control and adverse effect on adjacent properties.
I. 
Adequacy and convenience of off-street parking and loading facilities.
4.10.02 
Required Findings.
The Planning and Zoning Commission makes a recommendation to the City Council, based upon its findings that:
A. 
The proposed use is in accord with the objectives of these regulations and the purposes of the district in which the site is located.
B. 
That the proposed use will comply [with] each of the applicable provisions of these regulations.
C. 
That the proposed use and site development, together with any modifications applicable thereto, will be completely compatible with existing or permitted uses in the vicinity.
D. 
That the conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses and ensure compatibility with existing or permitted uses in the same district and the surrounding area, and that the prescribed Site Development Regulations do not provide enough mitigation of the impacts identified, thus warranting stricter standards, if so recommended.
E. 
The Commission has given due consideration to all technical information supplied by the applicant.
F. 
That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
4.10.03 
Establishment of Conditions.
The Planning and Zoning Commission may establish conditions for approval, including, but not limited to:
A. 
requirements for special yards,
B. 
open spaces,
C. 
buffers,
D. 
fences, walls and screening,
E. 
landscaping,
F. 
erosion control,
G. 
street improvements and dedications,
H. 
regulation of vehicle ingress and egress and traffic circulation,
I. 
regulation of signs, hours and other characteristics of operation,
J. 
requirements for maintenance of landscaping and other improvements,
K. 
establishment of development schedules or time limits for performance of completion, and
L. 
any other conditions the Commission deems necessary to insure compatibility with surrounding uses, preserving public health, safety, and welfare, and to enable the Commission to make its findings.
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance 14-O-11 adopted 4/14/14)
4.11.01 
Purpose.
The purpose of this Section is to describe lot development standards for both residential and nonresidential lots. This section contains standards on lot size, minimum setback requirements, and maximum building heights in order to provide for a variety of housing and land development patterns and to meet the diverse needs of the current and future residents of Liberty Hill, all in a manner consistent with the goals and objectives set forth in the Comprehensive Plan. This Chapter also contains standards on maximum impervious cover, both for entire subdivisions as they are developed and for individual lots as they are built upon. The impervious cover standards are essential in order to manage or avoid the adverse problems of excessive quantity and degraded quality of urban stormwater runoff, increased erosion of downstream channels and waterways, reduced interception and absorption of rainfall and runoff by the soil and vegetative cover, increased reradiating of excessive heat from large pavement surfaces, and other related problems that can arise as a result of intensive urban development. Chapter 6, Site Development, has additional standards that pertain to both residential and nonresidential lots. Collectively, these standards exist in order to achieve a variety of housing and building types, as well as achieve the goals and policies identified in the City of Liberty Hill’s Comprehensive Plan.
4.11.02 
Applicability.
This Chapter identifies minimum standards for areas both within the City limits and the ETJ. Lot design standards within the Liberty Hill City limits are categorized by Zoning District. Because zoning only applies to areas within the City limits, these standards are nonbinding guidelines for development in the ETJ. However, these lot standards shall apply to areas previously outside the City limits after they are incorporated and then zoned through annexation procedures.
Lot sizes outside the City limits are also restricted by on-site wastewater treatment standards. Williamson County is the responsible entity for review and approval of applications for on-site wastewater treatment. For developments planning to utilize on-site treatment systems, please consult the Williamson County rules for On-site treatment standards.
4.11.03 
Minimum Requirements.
Every building erected (or moved) and every lot platted for development must conform to the following minimum requirements:
A. 
Meet the minimum lot requirements of at least one type of lot described in this Chapter;
B. 
Have direct access to an approved public or private street or street right-of-way, as specified in this Code;
C. 
Provide safe parking and fire and police access; and
D. 
Meet the minimum dimensional, environmental, parking, landscaping, and water conservation requirements of this Code.
4.11.04 
Density, Impervious Cover and Maximum Lot Coverage Standards.
Table 4-4 identifies the standards for lots within each zoning district that have been identified in Section 4.05.
A. 
Maximum Development Density.
Each Zoning District has a maximum number of dwelling units per acre that can be placed on a tract. In many cases, the total number of units that can be placed on a site, after considering the land area needed to accommodate infrastructure and environmental factors (right-of-way, drainage, floodplains, steep slopes, impervious cover limitations, minimum lot size standards, yard setbacks, and maximum lot coverage) will be less than the amount based simply on the maximum development density.
B. 
Maximum Lot Coverage.
Each buildable residential lot has a Maximum Lot Cover, expressed as a percentage, which represents the maximum percent of impervious surface area allowed on a lot within each particular Zoning District. It is computed as the total amount of impervious surface on the lot divided by the total lot area. Impervious surfaces on a lot include buildings, driveways, garages, porches, patios, private walks, accessory buildings, and any other impervious surfaces constructed on the lot. Building coverage is measured from the faces of the walls, not the eaves of the roof.
4.11.05 
Lot Dimension Standards.
A. 
Minimum Lot Area.
Minimum Lot Area is the minimum amount of square footage allowed within a lot, based on its zoning district classification.
B. 
Minimum Lot Width.
The Minimum Lot Width is the minimum width of a lot (in feet), measured parallel to and along the front property line.
C. 
Reduction of Minimum Residential Lot Width.
Residential lots on cul-de-sacs and eyebrows may have a reduced minimum lot width at the front property line, as follows:
Table 4-3: Reduction of Minimum Residential Lot Width
Zoning District
Cul-de-Sac and Eyebrow Minimum Lot Frontage (ft.)
AG
NA
SF1
50
SF2
35
SF3
35
TF
40
MF1
NA
MF2
NA
MH1
35
D. 
Setback Measurements.
Side yard setbacks are measured from the side lot line with no vertical obstructions within the setback. Front and rear yard setbacks are measured from the front and rear lot lines, respectively.
E. 
Width to Depth Ratio.
The average depth of any lot shall not exceed four times the average width of the lot.
Table 4-4: Lot Design Standards
 
Max. Develop, Density (units/ac)
Min. Lot Area (ft2)
Min. Lot Width
Min. Front Yard Setback
Min. Rear Yard Setback
Min. Side Yard Setback*
Max. Building Height
Max. Lot Cover (%)
Max. Impervious Cover (%)
RESIDENTIAL
AG - Agricultural
0.1
120,000
200
35
30
20
35
25
30
SF1 - Low Density Residential
1
30,000
100
30
25
15
35
25
45
SF2 - Medium Density Residential
6.7
6,500
55
20
10
5
35
45
50
SF3 - High Density Residential
10
4,400
45
15
5
5
35
50
65
TF - Duplex Residential
8
below
35
15
5
5
35
55
55
MF1 - Multifamily
10
below
75
25
20
15
35
65
65
MF2 - Multifamily
20
below
75
25
20
15
45
65
65
MH1 - Manufactured Housing*
6.7
6,500
55
20
10
5
35
40
45
MH2 - Manufactured Housing
4
see below
300
20
10
see below
35
40
50
NONRESIDENTIAL
C1 - Neighborhood Comm./Retail
–
–
50
20
15
7
25
 
75
C2 - Downtown Comm./Retail
–
–
50
25
15
7
45
 
100
C3 - General Comm./Retail
–
–
50
25
15
7
45
 
85
I1 - Light Industrial
–
–
50
40
25
15
45
 
85
I2 - General Industrial
–
–
50
50
30
15
45
 
75
P - Public/ Institutional/Civic
–
–
70
15
15
15
35
 
75
Notes:
A.
Impervious Cover Limitations also subject to Edwards Aquifer Rules where applicable inside the City’s jurisdiction.
B.
Minimum side setbacks may be waived for one side for “zero lot line” residential subdivisions (one side of each lot shall adhere to the minimum setback requirements in such case)
C.
Minimum side yard and back yard and lot area requirements may be modified using PUD in a mixed-use development
D.
Minimum lot sizes (and minimum lot areas):
E.
3,000 sq. ft. - min. lot area per living unit in multifamily and duplex development
F.
7,500 sq. ft. - min. lot area per living unit in MH2 districts and minimum 15' side separation between homes.
G.
7,500 sq. ft. - duplex multifamily lots within a high-density urban residential neighborhood (and modify the widths and setbacks)
H.
Max. Lot Coverage = Total amount of impervious cover per lot (including building and impervious areas)
I.
Maximum Impervious Cover = (% Coverage Allowed) x (Net Site Area). Lots have an Impervious Cover limitation that is part of the Max. Lot Coverage. In other words, maximum impervious cover applies to an entire development, whereas maximum lot coverage applies to individual lots. Nonresidential Development uses Maximum Impervious Cover only.
J.
Lot size and Maximum Lot Coverage may be reduced for Clustered Residential Development.
K.
Maximum of 8 living units in a row, per building
L.
For corner lots, the side yard setback on side facing public right-of-way shall meet the same as front yard setback.
4.11.06 
Accessory Building Standards.
Accessory buildings on residential lots shall meet all front and side yard requirements for primary structures. However when the accessory building is located behind the rear facade of the primary structure, then it may meet the following setback:
A. 
If the accessory building is two hundred (200) square feet or less in area and eight (8) feet or less in height, then it shall be set back a minimum of three (3) feet from the property line.
B. 
If the accessory structure is greater than two hundred (200) square feet in area or eight (8) feet in height, then it shall be set back one (1) additional foot from the property line for each one (1) foot in height up to the minimum setback for a primary structure.
C. 
Notwithstanding the above, any garage or carport shall be set back a minimum of ten (10) feet from a right-of-way.
4.11.07 
Portable Building Standards.
No portable storage building shall be erected in any required setback area; provided, however, that a portable storage building on a single-family residential lot may be excluded from this requirement if the City Manager or his designee determines that the portable building does not require a building permit and that a minimum unobstructed setback distance of five (5) feet is maintained between the primary residential building and the portable building. In such cases, the portable building must be located at a minimum distance of three (3) feet from the property line.
4.11.08 
Residential Frontage.
Residential lots with frontage on an arterial street shall also have frontage on a local street so that such lot(s) have vehicular access to a local street and not only to an arterial.
4.11.09 
Lot Numbering.
All lots must be numbered consecutively within each block.
4.11.10 
Blocks.
Blocks shall be laid out to provide effective connectivity within and among subdivisions and neighborhoods. The total block length in any case shall not exceed one thousand three hundred and twenty (1,320) feet except in Nonresidential, Multifamily, and Agricultural Residential Zoning Districts, where the block length may not exceed ten (10) times the minimum lot width permitted in the district.
4.11.11 
Zero Lot Line Buildings.
Zero lot line development allows single-family residential buildings (including town homes and garden apartments) as part of a subdivision to be built to the side property line. For this type of development, only one of the side yard setbacks may be waived for areas between housing units. However, the minimum setbacks shall remain for at least one side of the lot. If there are two separate residential developments, side yard setbacks between the two developments shall still apply.
-Image-1.tif
Drawing ©1998 Armando Montero/Geoffrey Ferrell and Suzanne Askew/Treasure Coast Regional Planning Council. Dimensions are for illustrative purposes only.
4.11.12 
Cluster Development.
For residential subdivisions using a cluster development, minimum lot standards may be decreased based on a Planned Unit Development Concept.
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance 20-O-12 adopted 2/24/2020)
4.12.01 
Accessory Uses and Accessory Dwelling Units.
A. 
Accessory Uses.
Any accessory use may be permitted provided there is association with a primary use that may be permitted in accordance with Section 4 [Chapter 4] of this Code. The establishment of such accessory uses shall be consistent with any or all of the following standards:
1. 
The accessory use shall be subordinate to and support a primary use or principal;
2. 
The accessory use shall be subordinate in area, extent or purpose to the primary use;
3. 
The accessory use shall contribute to the comfort, convenience or necessity of the primary use;
4. 
The accessory use shall be located within the same zoning district and on the same parcel as the primary use; and/or
5. 
Accessory uses located in residential districts shall not be used for commercial purposes other than authorized and legitimate Home Occupations.
B. 
Accessory Dwelling Units.
1. 
Minimum Standards.
An accessory dwelling must meet the following standards:
a. 
For residential districts, the accessory dwelling must be constructed as architecturally and physically integrated with the primary structure or to the rear of the main dwelling, separate from the main dwelling.
b. 
The accessory dwelling shall be constructed only with the issuance of a Building Permit and shall be constructed out of the same or better material(s) as the main structure.
c. 
The accessory dwelling shall not be sold separately.
d. 
Setback requirements shall be the same as for the primary structure for the zoning district.
e. 
Accessory dwellings are not permitted without a primary use or structure on the parcel.
f. 
Accessory dwellings shall contain a minimum of 400 square feet of living area and a maximum of 900 square feet of living area or 50% of the gross living area of the primary dwelling, whichever is greater.
2. 
Maximum height of an accessory dwelling unit shall have the same height limitations as the parcel’s zoning classification.
3. 
No more than one accessory dwelling unit per lot is allowed per residential lot.
4. 
Parking for an accessory dwelling unit shall not be less than one (1) parking space per accessory dwelling unit and shall not be required to exceed four off-street parking spaces per single-family lot.
5. 
In addition to compliance with all applicable city codes and regulations including, but not limited to, those dealing with building, plumbing, electrical, fire. safety, health and sanitation, [and] property maintenance, the construction, occupancy and use of an accessory dwelling unit shall be controlled by the following restrictions:
a. 
An accessory dwelling unit can be constructed concurrently with, but not before, a principal residence or primary building.
b. 
A separate water and sewer tap shall be obtained for each accessory dwelling unit. The cost of each such separate tap for accessory units shall be the same cost as a water or sewer tap for the primary single-family dwelling units. Impact fees for both water and wastewater shall be paid and LUE’s issued for each such accessory unit as required by ordinance. Not less than 1/2 of a water LUE and 1/2 of a wastewater LUE shall be required for each accessory unit.
Editor’s note–Ordinance 2023-O-010, which added requirements for accessory dwelling units, purported to amend section 4.12. The ordinance has been included as amending only subsection 4.12.01.
4.12.02 
Home Occupations.
A home occupation is that accessory use of a dwelling that shall constitute all or some portion of the livelihood of a person or persons living in the dwelling. The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling or adversely affect the uses permitted in the district of which it is a part.
A. 
Home Occupation Types.
Home occupations are permitted provided the occupation meets the following provisions:
1. 
Is conducted entirely within a dwelling or integral part thereof and has no outside storage of any kind related to the home occupation;
2. 
Is clearly incidental and secondary to the principal use of the dwelling;
3. 
Does not affect the residential character of the dwelling nor cause the dwelling to be extended;
4. 
No identification sign or advertising of the home occupation is placed or situated on the site or structures;
5. 
Deliveries by commercial vehicle occur generally between the hours of 8 a.m. and 6 p.m. with the exception of package couriers;
6. 
Do not create disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, unhealthy or unsightly condition, traffic, or parking problem;
7. 
Does not create a nuisance.
B. 
Prohibited Home Occupations.
The following are prohibited as Home Occupations:
1. 
Animal hospitals, stables, or kennels;
2. 
Mortuaries;
3. 
Private clubs;
4. 
Repair shops;
5. 
Restaurants (excluding Bed and Breakfasts);
6. 
Automobile or mechanical paint or repair shops;
7. 
Doctor, dentist, veterinarian or other medically related office; or
8. 
Rooming/Boarding House.
9. 
Barber shops and Beauticians.
4.12.03 
Day Care.
All day care facilities shall meet the minimum state requirements for such facilities and shall be registered with the State of Texas.
4.12.04 
Outdoor Display and Storage.
Outdoor display and storage shall be allowed in nonresidential districts provided that the storage does not result in a safety hazard to subject property, adjacent property, pedestrians, or vehicles.
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance 2023-O-010 adopted 3/22/2023)
A Wireless Transmission Facility (WTF) is permitted in accordance with Table 4-4. Wireless Transmission Facilities are allowed, without a Conditional Use Permit, on existing towers or tanks, utility, lighting standard, sign support or other appropriate structures provided that the antenna or related equipment or structures do not exceed, by 10 feet, the lesser of the height of the structure or the height limits of the highest permitted structure in the district in which it is located.
(Ordinance 09-O-02 adopted 1/28/2009)
4.14.01 
Purpose.
Nonconforming uses are lawful uses within a zoning district that do not conform to the requirements of this Code when it is adopted, or when any amendments thereto, take effect.
4.14.02 
Description.
A. 
Any use of property existing at the time of the passage of this section of the Code that does not conform with the regulations prescribed in the preceding sections of this Code shall be deemed a nonconforming use, except that any single-family, duplex, or apartment use existing at the time of passage of this Code shall be thereafter deemed a conforming use.
B. 
The lawful use of land existing at the time of the passage of this Section of the Code, although such use does not conform to the provisions hereof, may be continued, but if said nonconforming use is discontinued for a period of time in excess of six (6) consecutive months, any future use of said premises shall be in conformance with the provisions of this Code.
C. 
The lawful use of the building at the time of the passage of this ordinance may be continued although such does not conform to the provisions hereof, and such use may be extended throughout the building provided no structural alterations except those required by law or ordinance are made therein. If no structural alterations are made, a nonconforming use of the building may be changed to another nonconforming use of the same or more restricted classification; provided, however, that in the event that a nonconforming use of a building is once changed to a nonconforming use of a more restricted classification, it shall not later be reverted to the former lower or less restricted classification (e.g., from C1 to SF2).
D. 
The right to maintain the nonconforming use shall be subject to such regulations as to maintenance of the premises and conditions of operation as may, in the judgment of the City Council, be reasonably required for the protection of adjacent property.
E. 
A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In cases of partial destruction by fire or other causes, not exceeding fifty (50) percent of its value, the building inspector shall issue a permit for reconstruction. If greater than fifty (50) percent and less than the total, the City Council, may grant a permit for repair after public hearing and having due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and of the conservation and preservation of property.
F. 
A violation of this code provision and a request for a nonconforming designation or request for relief under this designation shall not create an estoppel of the trial of any lawsuit which may be filed in any court.
G. 
Notwithstanding any other provisions of Chapter 4, any legal nonconforming use of property existing as of the date of adoption of this Code that does not conform with the regulations prescribed in the UDC of the City of Liberty Hill, shall be deemed a nonconforming use, subject to the provisions contained in this section.
H. 
The lawful conforming use of land existing at the time of the passage of this ordinance, although such use does not conform to the provisions hereof, may be continued as a conforming use, but if said use is discontinued for a period of time in excess of six (6) months, any future use of said premises shall be in conformity with the provisions of the current regulations relating to the zoning district in which the property is located.
I. 
If such conforming use is changed to a use otherwise authorized in said zoning district, then such premises may be used thereafter only for a use authorized in the zoning district where the premises are located.
J. 
The use authorized herein as a conforming use may not be changed to another use not authorized by the use regulations in the zoning district where the premises are located.
(Ordinance 09-O-02 adopted 1/28/2009)
A. 
Applicability.
The provisions of this Section apply to any Application for Development Approval in which the Applicant claims an exemption from any provision of this Chapter based on common law or statutory vested rights.
B. 
Criteria.
Common law vested rights shall be acknowledged by the City Council or its designee after consultation with the City Attorney if the applicant for common law vested rights does not demonstrate entitlement to statutory vested rights as provided in subsection C, below. A request for such an acknowledgement must include documents establishing the criteria listed below together with an application review fee to offset the City’s costs. The City Manager may request additional relevant material prior to issuing the acknowledgement. The applicant for common law vested rights must show compliance with the following criteria for the specific project to obtain such rights:
1. 
In reliance upon properly issued permits or approvals the applicant made substantial financial commitments or assumed substantial financial obligations within the purview of the activities authorized by said permit or approvals; and
2. 
The applicant proceeded in good faith, and no approvals or permits have lapsed or been revoked; and
3. 
The applicant has sufficiently and legally established any other factor that may demonstrate vested rights under State or Federal law.
C. 
Statutory Vested Rights.
No Vested Rights Determination that is requested as a basis for approval of an Application for Development Approval shall be issued unless the applicant demonstrates entitlement to common law vested rights as provided in subsection B above and demonstrates compliance with the following criteria for statutory vested rights:
1. 
The applicant used its property or filed an application as provided in Texas Local Government Code section 43.002 prior to annexation by the City of Liberty Hill, and the regulations against which vested rights are claimed are not subject to an exemption as provided in Texas Local Government Code section 43.002(c).
2. 
The applicant filed an application as provided in Texas Local Government Code chapter 245 prior to adoption of the regulations pursuant to which vested rights are claimed, that the regulations which are the basis for the claim of vested rights are not subject to an exemption as provided in Texas Local Government Code section 245.004 and that the project has not become dormant as defined in Texas Local Government Code section 245.005 and this Chapter.
D. 
Consent Agreements.
Any Applicant for a Vested Rights Determination may apply for Consent Agreement Approval provided that the requirements of section 4.15.D.1 are satisfied or the required approval is for one (1) or more, but less than all phases of the proposed development. An application for Consent Agreement Approval may be approved subject to compliance with requirements of a Consent Agreement. An application for a Consent Agreement Approval may be filed concurrent with an Application for a Vested Rights Determination, or at any time prior to approval of a final decision relating to an Application for a Vested Rights Determination by the City Attorney or the City Council.
1. 
Terms and conditions.
Consent Agreement shall be signed by the City Attorney, the City Manager, and the Applicant and shall include the following terms and conditions:
i. 
A legal description of the subject property and the names of the legal and equitable owners;
ii. 
The duration of the consent agreement and the conditions that will result in revocation;
iii. 
The uses permitted on the property, including population densities and/or building intensities and height;
iv. 
A description of the public facilities that will service the proposed development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure that public facilities are available concurrent with the impacts of the development;
v. 
A description of any preservation or dedication of land for public purposes;
vi. 
A description of all development approvals, permits, or other local or State approvals needed for the proposed development;
vii. 
A finding that the proposed development is consistent with the Master Plan and the relevant provisions of this Chapter;
viii. 
A description of any conditions, terms, restrictions, or other requirements determined to be necessary for the preservation and protection of the public health, safety, or welfare;
ix. 
A statement indicating that the omission of a limitation or restriction shall not relieve the Applicant of the necessity of complying with all applicable local, state and federal laws;
x. 
A phasing plan indicating the anticipated commencement and completion date of all phases of the proposed development; and
xi. 
A statement that the City Attorney and City Council or its designee shall review progress pursuant to the consent agreement at least once every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the consent agreement.
2. 
Failure to comply with Consent Agreement. If the City Council finds, on the basis of substantial competent evidence, that the applicant has failed to comply with the terms of the Consent Agreement, the Consent Agreement may be revoked or modified by the City Council after a public hearing which has been noticed by publication, and for which written notice has been expressly provided to the Applicant.
(Ordinance 09-O-02 adopted 1/28/2009)
4.16.01 
Purpose.
This section provides a methodology for the registration of permits, and permit applications, with the City Manager so that a determination can be made as to whether the permit, or permit application is one that would afford a project with the “vested rights” as provided in Chapter 245 and section 43.002 of the Texas Local Government Code. The purpose for such registration and determination is to assist City Staff in their review of the applicability of Chapter 245 or section 43.002 to a particular project. This section shall not apply to a claim of right under common law, a federal or state statute, other than Chapter 245 or section 43.002, or the state or federal constitutions. Any claim of right made under any law or authority, other than Chapter 245 or section 43.002, shall be made to the City Manager in writing. The City Manager shall advise the City Attorney of the claim, and the City Attorney shall make a determination of the validity of the claim within twenty (20) days of its receipt by the City; provided, however, that the twenty (20) day period shall not begin to run until all requisite information to support the claim has been submitted. Additionally, as provided in subsection (g) of this section [4.16.02(H)], this section shall not apply to the types of ordinances, or other governmental action, enumerated in V.T.C.A. Local Government Code section 245.004 or exempt from the requirements of Local Government Code section 43.002.
4.16.02 
Vested Rights Recognition Process.
A. 
Initiation.
An application may be made to the City Manager for recognition of vested rights for a particular project by completion of a form provided by the City Manager that indicates which permit or permits are being relied upon by the applicant for establishment of vested rights. The applicant shall provide the City Manager with a completed application together with a permit application review fee required by the City and two (2) copies of any documents applicant is relying upon to establish vested rights.
B. 
Review and Approval.
After receiving an application for recognition of vested rights, the City Manager shall review the application and approve, deny or request additional information to be provided by the applicant for consideration within twenty (20) working days. Should the permit, which is the basis for vested rights recognition, have been issued by a governmental agency other than the City, the City Manager shall request the City Attorney to determine whether the permit establishes rights under Chapter 245 of the Texas Local Government Code. In the event the City Manager does not respond to an application for vested rights within twenty (20) working days, the application will be considered denied. Provided, however, the time period may be extended upon the written request of the applicant. Upon review of the application, if the City Manager finds that the applicant has provided sufficient information to establish that one (1) or more legally sufficient and applicable permit(s) exists on a project, the City Manager shall issue a certificate to the applicant recognizing vested rights for the project which shall be dated and signed by the City Manager. The City Manager shall review all certificates prior to issuance to ensure it clearly indicates the term and conditions (indicated above) required for the continuation of the recognition of the vested rights. In the event the City Manager requests additional information for consideration of an application, the applicant shall be notified in writing within the required time period of specifically what information must be submitted in order to complete the review of the application.
C. 
Should the application be denied, the City Manager may enumerate in writing any and all reasons for such denial, which shall be delivered to the applicant within the time period allowed for review.
D. 
Recordation.
The City Manager shall create a file of all certificates issued pursuant to this Section of the Code that will be available for the public’s review during regular business hours. At a minimum the file should contain all certificates issued for a three-calendar-year period and should be reviewed annually to remove certificates more than three (3) years old. Certificates more than three (3) years old may be made available in conformance with the Public Information Act.
E. 
Vested rights recognition process appeal.
In the event an applicant for recognition of vested rights is denied recognition of a vested right by the City Manager and is aggrieved by such action or by the application of the above requirements, the applicant may appeal the decision of the City Manager to the City Council by filing a request for appeal with the City Manager within fifteen (15) calendar days from the date the applicant is notified of the adverse decision or action taken. The application for appeal shall be made in writing and shall contain the applicant’s factual and/or legal rationale for the appeal. The City Manager shall place the appeal on the next agenda of the City Council and the City Council shall hold a hearing on the appeal and make its ruling within thirty (30) days from the date the hearing is held by the City Council. The city clerk shall schedule the hearing of the final appeal at the earliest regularly scheduled meeting of the City Council and comply with the requirements of the Texas Open Meetings Act. The decision of the City Council shall be final.
F. 
Variance.
An individual, or business entity, that has applied for a vested rights determination may request a variance from the time limit, required action, or term that would otherwise cause the vested rights to expire. An individual requesting a variance shall make written application to the City Manager and pay the required fee[.] A request for variance shall identify the specific provisions for which a variance is being requested and the reasons that justify granting the variance. The City Manager shall review the application for variance and provide a written recommendation with regard to whether the variance should be granted, conditionally granted or denied to the City Council within thirty (30) days from the date the application for variance is filed. In the event the City Council fails to make a ruling on the variance within sixty (60) days from the date the application for variance is filed, the application for variance shall be deemed denied. Provided, however, the time period may be extended upon the written request of the applicant. In order to grant a variance from the provisions of this section, the City Council must find that:
1. 
The applicant would suffer a hardship in the absence of a variance that is not the result of the applicant’s own negligence; and
2. 
The applicant has been actively and diligently attempting to pursue and complete development of the project that is the subject of the vested rights; and
3. 
Compliance with rules and regulations that were enacted after the application for recognition of vested rights would cause a substantial economic hardship to the developer/property owner that would preclude the capability of completing the project in a reasonable and prudent manner.
G. 
The City Manager shall schedule the hearing of the appeal at the earliest regularly scheduled meeting of the City Council that will allow compliance with the requirements of the Texas Open Meetings Act. The decision of the city council shall be final.
H. 
Exemption from vested rights.
The types of ordinances enumerated in Local Government Code section 245.004 are exempt from this section and will apply to a project or development regardless of the effective date of the ordinance or the existence of vested rights for the project.
I. 
Future ordinances.
Any ordinance that concerns the development of real property and is adopted after the adoption of this Code, which incorporates this section into the Code, may specifically state whether it is the type of ordinance that is exempted by section 245.004. However, the absence of such a statement shall not be determinative as to whether the ordinance is or is not exempted.
J. 
Existing ordinances.
This section shall not be applicable to any ordinance that concerns the development of real property; as adopted prior to the adoption of this chapter and is exempted by section 245.004 from the protection provided by Chapter 245.
K. 
Determination by City Attorney.
Should a question arise as to whether an Ordinance is exempted from Local Government Code Chapter 245 the City Manager shall request an opinion from the City Attorney and the City Attorney shall render a decision.
L. 
Duration.
This section shall not extend the time of validity for any permit. Any rights recognized by the application of this section shall not extend beyond the time periods prescribed for the validity of the permit or permits that were submitted for recognition except by the granting of a variance from the time limit as provided herein.
M. 
Voluntary Compliance.
Nothing herein would prohibit any applicant from the voluntary compliance with any future ordinance, regulation or incentive.
N. 
Chapter 245 of Texas Local Government Code adopted.
Chapter 245 of the Texas Local Government Code, as adopted in 2001 by the 77th Legislature, Regular session is hereby adopted and incorporated by reference herein. Should Chapter 245 be repealed by the Legislature it shall remain effective as part of this Code for one year from the date of such repeal. During said period City Council shall take action it deems necessary to provide municipal protection for ongoing projects from the adverse impact of unanticipated subsequent regulations.
(Ordinance 09-O-02 adopted 1/28/2009)
4.17.01 
Purpose.
The purpose of this Section is to provide an expiration date for Permits, approved prior to this adoption of this Section, which lack an expiration date, as provided in Texas Local Government Code section 245.005.
4.17.02 
Applicability.
The provisions of this section apply to any Permit if as of the first anniversary of the effective date of Chapter 245 of the Texas Local Government Code:
A. 
the permit does not have an expiration date; and
B. 
no progress has been made towards completion of the project, as defined in Texas Local Government Code section 245.005.
4.17.03 
Expiration of Dormant Projects.
A dormant project, as defined in subsection 4.17.02, above, shall expire on one of the following dates, whichever comes later:
A. 
The fifth anniversary of the effective date of Chapter 245 of the Local Government Code; or
B. 
The expiration date established by applying the subsection discussing regulations pertaining to the Permit as established in Chapter 3 “Applications and Permits”; or
C. 
The expiration date for a Permit subject to section 4.16 of this Chapter for any eligible Permit as set forth in section 4.16.
(Ordinance 09-O-02 adopted 1/28/2009)