City of Jarrell, TX Chapter 2.00 Review Authority and Procedures

§ 2.01 General.

2.01.01 

Purpose.

The purpose of this Chapter is to establish the responsibilities and structure for administering and enforcing this Code, including the reviewing authority and minimum review procedures that will be followed by each reviewing authority. Chapter 3.00 provides supplemental information to the review procedures described in [this] Chapter 2.00.

2.01.02 

Conformity with Development Regulations.

All City officials and employees with the responsibility or authority to issue a permit, certificate or license are prohibited from issuing a permit or license for any use, building, or purpose that conflicts with any provisions of this Code. Any permit, certificate or license issued in conflict with the provisions of this Code is null and void.

(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)

§ 2.02 Responsibility of Property Owner and/or Applicant.

A. It is the responsibility of an applicant to provide accurate and complete information and plans to comply with the requirements of this Code and all applicable laws and regulations. The City of Jarrell is not responsible for the accuracy of information or plans provided to the City for its review or approval.

B. The City or its representatives may inspect any development activity to enforce the provisions of this Code. By submitting an application to the City, the applicant consents to entry upon the site by the City or its representatives during regular business hours for the purpose of making reasonable inspection to verify information provided by the applicant and to verify that work is being performed in accordance with the approved plans and permits and the requirements of this Unified Development Code.

C. The use of the following terms in this Code refers to the person, entity, or agent thereof who may apply for an approval or a permit or another decision of the City under this Code. All such terms shall be considered interchangeable. The terms include the following: owner, owner's agent, landowner, property owner, applicant, developer, and subdivider.

(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)

§ 2.03 Administrative Officials and Review Entities.

2.03.01 

City Manager.

A. The administrative official for the purposes of this Chapter shall be the City Manager and his/her assistants, deputies, and department heads insofar as they may be charged by the City Manager and the provisions of this chapter with duties and responsibilities referenced in this Chapter and Chapter 3.00. The City Manager or his/her designee shall ordinarily administer and enforce the provisions of this Code. The City Manager shall serve as staff to the Planning and Zoning Commission, Board of Adjustments (BOA), and the City Council except where otherwise provided by this Chapter.

B. Until such time that the City has the resources to support a City Manager, the City Council may choose to contract these services to an individual or entity with similar expertise and experience.

2.03.02 

City Manager Powers and Duties.

The City Manager and his/her designees have the following powers to make final action and review and reporting duties regarding this Code:

A. The City Manager and his/her designees are responsible for taking final action on the following procedures described in this Code and according to the specific criteria for each procedure as described in the Code.

1. Letter of Zoning Compliance.

2. Subdivision Plat Compliance.

3. Master Sign Plan.

4. Temporary Use Permit.

5. Administrative Plat Review.

6. Minor Plat, Final Plat or Amending Plat. (If the City Manager does not approve such a plat, the plat must automatically be forwarded to the Planning and Zoning Commission under the Subdivision Plat Review procedure.)

B. The City Manager and his/her designees will review and make either a report or recommendation to the BOA, Planning and Zoning Commission, or City Council, as required pursuant to the Code, on the following procedures:

1. Preliminary Plat Review.

2. Site Development Permit.

3. Conditional Use Permit.

4. Planned Unit Development.

5. Comprehensive Plan Amendment.

6. Zoning Map Amendment (Rezoning).

7. Unified Development Code Text Amendment.

C. The City Manager and his/her designees shall have the following additional duties:

1. To comply with any other duty or responsibility clearly assigned to the City Manager elsewhere in this Code.

2. To enforce all provisions of this Code.

3. To meet with potential applicants in preapplication conferences as described in this Code.

4. To act and serve as staff for each review body designated by this Code; and

5. To render advice and guidance, upon reasonable request of any property owner, or its agent, or occupant, on development or new construction or the restoration, alteration or maintenance of any building within the City.

D. The City Manager and his/her designees shall comply with any specific procedures described in this Code.

E. The City Manager and his/her designees may develop administrative rules or additional procedures to clarify implementation of this Code, provided that such rules or procedures are approved by the City Council prior to their implementation or enforcement and provided further that additional procedures do not violate any other provisions of this Code.

F. The City Manager and his/her designees will develop an Administrative Procedures Manual for application requirements for all procedures described within or developed pursuant to this Code. Such requirements must be sufficient to permit the Manager to effectively review the application and for the final approving authority to render an informed decision.

G. Application requirements must be consistent with state law.

H. The City Manager may waive application requirements when appropriate but may not require additional submission requirements after an application has been determined to be complete.

I. 

Interpretation of the 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 UDC. The interpretation given by the Manager shall be final unless an appeal is made by the applicant to the City Council or Board of Adjustment to review and 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.

2.03.03 

City Engineer.

A. The City Manager will appoint a City Engineer to function as described in this Code. The City Engineer must be a registered professional engineer, licensed by the State of Texas and competent in the design and review of land development and urban public works.

B. The City Engineer and his/her designees are responsible for review and final action on the following plans described in this Code, subject to the specific criteria for the procedure as described in the Code:

1. Approval of Master Drainage Plans

2. Approval of Street and Drainage Plans

3. Approval of Water Distribution Plans

4. Approval of Wastewater Plans

5. Approval of Electric, Telephone and Telecommunications Plans

6. Approval of Water Quality Controls

C. The City Engineer and his/her designees will review and make either a report or recommendation to the City Manager, Planning and Zoning Commission or City Council on the following procedures, subject to the terms and conditions set forth for such procedures in this Code:

1. Preliminary and Final Plat Review

2. Site Plan Review

D. The City Engineer and his/her designees shall comply with any specific procedures or technical criteria described in this Code.

E. The City Engineer and his/her designees may develop and implement additional procedures or technical criteria to clarify implementation of this Code, provided that such procedures or criteria are approved by the City Manager prior to their implementation and enforcement and provided further that the additional procedures do not violate any other provisions of this Code.

2.03.04 

Board of Adjustment (BOA or Board).

A. The regulations and restrictions of the Board of Adjustment (BOA) for the City of Jarrell will be pursuant to the provisions of applicable statutory requirements of the State of Texas. No BOA action may govern if in conflict with specific provisions of this Code.

B. The BOA has the powers and duties of a BOA in accordance with the Texas Local Government Code section 211.008. The BOA's jurisdiction extends to and includes the following final actions:

1. Appeal of an Administrative Decision

2. Administrative Exception

C. The BOA will be constituted and conduct all activities in accordance with the Code and all other applicable Codes, and any adopted Bylaws. The City Council of the City of Jarrell will act as the BOA until such time as a separate BOA has been created.

D. The BOA review process will be required for any permit or application that requires final action from the BOA, as described in this Code.

E. Initiation of a BOA process may be made upon:

1. Application by the property owner of the affected property or its authorized agent.

2. An administrative exception may only be requested by the City Manager.

3. Appeal of an administrative decision may be initiated by any person aggrieved by the administrative decision, in compliance with section 211.010 of the Texas Local Government Code.

F. Applications must be made in a format consistent with requirements determined by the City Manager. Applications must include all materials determined necessary by the City Manager. Information regarding format requirements and submittal materials required for the application will be made available by the City Manager in advance of any application.

G. Appeal of an administrative decision must be made to the BOA in a format acceptable to the BOA.

H. Upon submission of an application, the City Manager will determine whether the application is complete, as described in Chapter 3.00.

I. Appeals of administrative decisions will be forwarded to the BOA regardless of completeness. The BOA will determine whether the appeal is complete.

J. Once a procedure has been initiated and the application deemed complete, the City Manager will review the application, considering any applicable criteria for approval and prepare a report to the BOA.

K. The City Manager may establish procedures for administrative review necessary to ensure compliance with this Code and state law.

L. The City Manager may assign staff to review the application and provide a preliminary report to the Manager.

M. The City Manager's report may include a recommendation for final action.

N. The BOA will review the application, the City Manager's report, conduct a hearing in accordance with the BOA's established procedures and state law, and take final action on the application. In accordance with Texas Local Government Code 211.009, the concurring vote of 75 percent of the members of the board is necessary to:

1. Reverse an order, requirement, decision or determination of an administrative official[,]

2. Decide in favor of an applicant on a matter on which the board is required to pass under a zoning requirement (Chapter 4.00 of this Code), or

3. Authorize a variation from the terms of the zoning ordinance (Chapter 4.00) of this Code.

O. The application must be complete, and the information contained within the application must be sufficient and correct enough to allow adequate review and final action.

P. Specific criteria for considering Administrative Exceptions are provided in Chapter 3.00.

Q. Specific procedures and criteria for considering appeals of administrative decisions are provided in Chapter 3.00.

R. A person aggrieved by a final action on a BOA procedure may appeal to a competent court of record within ten (10) days of the final action (see Texas Local Government Code, section 211.011). Failure to appeal within ten (10) days shall cause the final action to be contractually agreed to and the action will become final and unappealable. The action will be abated upon request of either party for mediation if appealed within 10 days.

S. Prior to filing an appeal with a competent court of record, any party to an appeal may request that alternative resolution of the dispute be attempted.

2.03.05 

Planning and Zoning Commission.

A. The regulations and restrictions of the Planning and Zoning Commission for the City of Jarrell will be pursuant to the provisions of applicable statutory requirements of the State of Texas. No requirement or the procedure of the Planning and Zoning Commission action may govern if it is in conflict with specific provisions of this Code.

B. The Planning and Zoning Commission has the powers and duties of a Planning and Zoning Commission in accordance with Texas Local Government Code section 211.007 and section 371.042, provided, however, that it serves only in an advisory capacity to City Council. The Planning and Zoning Commission's authority extends to and includes review and recommendation of the following:

1. Preliminary Plat.

2. Conditional Use Permit.

3. Overlay District Designation.

4. Planned Unit Development.

5. Comprehensive Plan Amendment.

6. Zoning Map Amendment (Rezoning).

7. Variance to a zoning decision.

8. Unified Development Code Text Amendment.

C. The Planning and Zoning Commission will be formed and conduct all activities in accordance with this Code and other applicable City code requirements, the ordinance creating the Commission and any adopted Bylaws.

D. The Planning and Zoning Commission review process will be required for any permit or application that requires review and recommendations from the Planning and Zoning Commission, as described in this Code.

E. Initiation of a Planning and Zoning Commission process may be made upon application by the property owner of the affected property or its authorized agent.

F. Application must be made in a format consistent with requirements determined by the City Manager. Applications must include all materials determined necessary by the City Manager. Information regarding the format requirements and submittal materials required for the application will be made available by the Manager in advance of any application.

G. The Planning and Zoning Commission will serve as an Advisory Body to the City Council. The Planning and Zoning Commission will have no authority for final action.

H. A preliminary or final plat, Conditional Use permit, zoning map amendment, or variance request will not be recommended for approval until the application is complete and the information contained within the application is sufficient and correct so as to allow adequate review and a decision on a recommendation by the appropriate review authority.

I. No plat shall be recommended without a determination that the plat conforms to the following:

1. The requirements of this Code and any applicable state law.

2. The City's Comprehensive Plan and any other adopted plans as they relate to:

i. The City's current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; and

ii. The extension of the City or the extension, improvement, or widening of its roads, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities.

iii. Any subdivision design and improvement standards adopted by the City pursuant to Texas Local Government Code section 212.002 or Texas Local Government Code section 212.044, governing plats and subdivision of land within the City's jurisdiction to promote the health, safety, morals, or general welfare of the City and the safe, orderly, and healthful development of the City.

iv. The tract of land subject to the application is adequately served by public improvements and infrastructure or will be adequately served upon completion of required improvements.

J. Until the Commission has been given final action authority by the City Council, appeals shall be made to City Council.

2.03.06 City Council (Council). The regulations and restrictions of the City Council for the City of Jarrell will be pursuant to the provisions of applicable statutory requirements of the State of Texas. The City Council (Council) has the following powers and duties:

A. The City Council is responsible for appointing and removing any members of the Planning and Zoning Commission and BOA. Appointments will be made on the recommendation of the Mayor and a vote of approval by the City Council.

B. The City Council has responsibility for hearing and taking final action on the following procedures described in this Code.

1. Preliminary Plat.

2. Variance Request.

3. Plat Amendments.

4. Site Development Permit.

5. Conditional Use Permit.

6. Dedication of land and community facilities.

7. Overlay District Designation.

8. Planned Unit Development.

9. Comprehensive Plan Amendment.

10. Zoning Map Amendment (Rezoning).

11. Unified Development Code Text Amendment.

C. Any other specific procedure or legislative action that requires City Council action as specified in this Code or required by state or federal law.

D. The City Council membership and bylaws have been established by City Charter and Texas Local Government Code.

E. Procedures for City Council review and action will be developed and adopted by the Council when appropriate.

F. The City Council shall serve as the final action authority for all development-related applications listed in Section 2.3.9(b) [2.03.06B] above, and as indicated throughout this Code.

(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)