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 Jarrell.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
3.02.01
Types of Applications and Permits.
Application
and permit types can be categorized as (A) Policy- and Legislative-Related
Applications and Permits, (B) Subdivision-Related Applications and
Permits, or (C) Development-Related Applications and Permits. Review
authorities for applicable development applications and permits are
described in Table 3-1, below. The Administrative Procedures Manual
(developed by the City Manager) establishes timelines for review and
applicable fees. Certain procedures apply inside city limits that
do not apply in the ETJ. Table 3-1 also provides guidelines for the
procedures that apply in the city limits or ETJ.
A.
Policy- and Legislative-Related Applications and Permits.
Approval of applications for development is based (among other
basis for consideration described in this Code) upon the proposed
development's conformance with existing policies (including the Comprehensive
Plan, Zoning Map, and Code). In cases where a proposed development
is not in accordance with these policies[,] changes to policies must
be made by the appropriate review entity (either the City Council
or Board of Adjustment for Policy- and Legislative-related applications
and permits before any subdivision or development not in accordance
with existing policies may proceed). Includes: Comprehensive Plan
Amendment, Planned Unit Development, Conditional Use Permit, Zoning
Map Amendment, Code Text Amendment procedures, and certain Variances.
B.
Subdivision-Related Applications and Permits.
Subdivision-related procedures are necessary to establish how individual
lots or projects may be developed. These procedures are used to establish
what is commonly referred to as a "legal lot" on which development
may occur. Subdivision activities and projects must be in compliance
with this Code as well as the current (at the time of plat application)
version of the Williamson County Subdivision Regulations. Should there
be a conflict between the Code and the Williamson County Subdivision
Regulations, the more stringent criteria will apply: Includes: Comprehensive
Plan Consistency Review, Minor Plat, Amending Plat, Replat, Preliminary
Plat, Construction Plan, and Final Plat.
C.
Development-Related Applications and Permits.
Development in the City must occur in compliance with all regulations
of this Code. In addition, land must be appropriately subdivided and
platted before any development project may occur. Includes: Zoning
Verification Letter, Legal Lot Verification Letter, Written Interpretation,
Master Sign Plan, Administrative Decision, Temporary Use Permit, Administrative
Exception, Site Development Permit, Stormwater Permit, Certificate
of Design Compliance, Appeal of an Administrative Decision, Variance,
and Building Permit (sign only) procedures.
Table 3-1: Applications and Permits
|
---|
Development in City Limits
|
Development in ETJ
|
City Council
|
P&Z
|
BOA
|
Admin Review
|
Williamson County
|
---|
POLICY-RELATED APPLICATIONS AND PERMITS
|
Comprehensive Plan
|
Comprehensive Plan
|
X
|
O
|
|
O
|
|
Amendment UDC Text
|
Amendment UDC Text
|
X
|
O
|
|
O
|
|
Zoning Map Amendment
|
|
X
|
O
|
|
O
|
|
Planned Unit Development
|
|
X
|
O
|
|
O
|
|
Special Use Permit
|
|
X
|
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
|
X
|
O
|
|
|
|
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
|
|
Certification 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 Permit Only)
|
|
|
|
X
|
|
Notes
|
---|
X
|
Final Review Authority
|
O
|
Initial Review Authority or Recommending Authority
|
A
|
Advisory Review
|
Note: Within the ETJ, the City of Jarrell will have the ability
to review and approve plats in accordance with regulations set forth
by Williamson County.
|
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2020-0728-07 adopted 7/28/20; Ordinance
2024-0206-02 adopted 2/6/2024)
Related applications and permits shall be submitted, reviewed,
and approved/denied based on the procedures listed below. Some of
these procedures may be followed concurrently, while some procedures
require pre-approval of other procedures. Notify the City Manager
if the Administrative Procedures Manual does not clarify the timing
of these procedures.
A. Development Requiring Multiple Approvals.
The following
restrictions apply to development applications requiring multiple
approvals:
1. Policy- or legislative-related applications for permits required
for a particular project may occur in any order but shall be sequenced
so that when final actions occur, each approval provides any requisite
requirement for a subsequent related approval.
2. Subdivision applications may generally be considered concurrently.
3. Approval of the final plat shall not be granted until written approval
plans for dedication of land and community facilities has been given
by the City Manager.
4. Development or permit applications may generally be considered concurrently.
5. No Development or permit application may be considered if there is
pending subdivision activity for the same tract of land, except for
administrative determinations.
6. Appeals of administrative decisions may only occur after a final
decision by the City Manager.
7. Consideration of development or permit applications shall be sequenced
so that when an approval occurs, it will provide any requisite requirement
for a subsequent related approval.
B. Simultaneous Submission of Related Applications.
1. 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.
2. Applicants may file multiple applications for nonconcurrent actions/approvals.
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.
3. 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.
4. An applicant may withdraw any individual application from a group
of simultaneously submitted applications.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
3.04.01
Pre-Development Conference.
Prior to submission
of an application, a preapplication conference between the applicant
and the appropriate City Staff is required. A preapplication conference
is a meeting between a potential applicant under this Code and the
City Manager or his/her designee. The conference is an opportunity
for an applicant to describe the development that will be submitted
and for the City Manager to explain the development process (i.e.,
which application is appropriate, which review body is responsible
for final action, what the potential timelines for review may be,
and what criteria will be used to determine whether the application
may be approved). Completion of a preapplication conference does not
imply or indicate subsequent City approval of the permit or application.
3.04.02
Application Forms and Fees.
The following regulations
shall apply to all applications.
A. Forms.
1.
Applications required under this Code shall be submitted on
forms, with any requested information and attachments, and in such
numbers, as required by the City and/or indicated in the Administrative
Procedures Manual. The City Manager shall have the authority to request
any pertinent information required to ensure compliance with this
Code.
2.
The City Manager must make any submission requirements and applicable
fee requirements available to the applicant as a part of the Administrative
Procedures Manual.
3.
The City Council may, from time to time, adopt by resolution
specific forms and submission requirements. Such resolution shall
be incorporated as an Appendix to this Code.
5.
Development applications (which includes, among other types, the ones listed in Section
3.04.01 above) shall be prepared and submitted in a format acceptable to the City Manager.
B.
Fees.
1.
Development and permit application fees shall be established
from time to time by ordinance of the City Council.
2.
All required fees shall be made payable to "The City of Jarrell,"
by local check, money order, or cashier's check.
3.
An applicant who has paid the appropriate fee pursuant to submission
of an application, but who chooses to withdraw such application prior
to the formal written notification of completeness or incompleteness,
shall be entitled to a refund of fifty (50) percent of the total amount
paid upon written request to the City. The application fee required
for all policy or legislative applications is not refundable.
3.04.03
Application Deadline.
All applications shall be
completed and submitted to the City Manager in accordance with the
Administrative Procedures Manual. An application shall not be considered
as officially submitted or filed until it is determined to be complete
as specified below.
3.04.04
Determination of Application Completeness.
A. A determination whether an application is complete will be made by
the City Manager within fifteen (15) working days of submittal of
the application.
B. If the application is determined to be incomplete, the City Manager
shall notify the applicant in writing. If the application is not resubmitted
within a period specified by the City Manager, a new application and
fee shall be required.
3.04.05
Expiration of Inactive Permits and Approvals.
Approvals and permits issued pursuant to this Code shall expire according
to the following Table 3-2. The following general provisions apply:
A. Notification of the expiration of regulations shall be provided to
the applicant as part of the notification of approval of the development-related
permit.
B. A Letter of Regulatory Compliance or Written Interpretation stays
in effect indefinitely where no related development is proposed. Upon
submission of a proposed development application related to the Letter
of Regulatory Compliance or Written Interpretation, the Letter of
Regulatory Compliance or Written Interpretation shall expire according
to Table 3-2 unless the proposed development is not pursued.
C. A development for which an approval or permit has been issued pursuant
to this Code shall be considered to be in process as set forth below:
1.
A complete building permit application has been submitted or,
if no building permit is required, a certificate of occupancy has
been issued.
2.
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
(12) months from the date site plan approval is granted. Each subsequent
application must be submitted within twelve (12) months from the date
of issuance of a certificate of occupancy for the previous building
or phase.
3.
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.
D. 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.
E. Reinstatement of a lapsed approval shall require the applicant to
pursue the same submittal and to obtain approval as an original application.
F. Any minor plat, replat, amending plat, preliminary plat, final plat,
(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
|
24 months
|
Special Use Permit
|
No Expiration
|
Conditional Use Permit
|
As Approved
|
Historic District Designation
|
12 months
|
Planned Unit Development
|
No Expiration
|
Comprehensive Plan Amendment
|
No Expiration
|
Zoning Map Amendment (Rezoning)
|
No Expiration
|
Unified Development Code Text Amendment
|
No Expiration
|
3.04.06
Written Decision after Final Action.
Within ten
(10) days after a final decision is made by the authority authorized
to make the final determination under the requirements of this Code,
a copy of the written decision will be sent to the applicant. A copy
of the notice will be filed at the Office of the City Manager, where
it will be available for public inspection during regular office hours.
The written decision will also state the final action authority's
findings, conclusions, and supporting reasons or facts whenever this
Code requires such findings as a prerequisite to the final action.
3.04.07
Limitation on Reapplication.
If any development
permit application or other application for approval, any petition
for a plan amendment or any petition for an amendment to this Code
is disapproved by the final action authority, another application
or petition for the same permit, approval, or amendment for the same
property or any portion thereof may not be filed within a period of
ninety (90) days or within a period of twelve (12) months for zoning
change applications from the date of final disapproval, except with
written approval of the City Council. Such reapplication must demonstrate:
A. There is a substantial change in circumstances relevant to the issues
and/or facts considered during the original review of the application
that might reasonably affect the decision-making body's review of
the relevant standards to the development described in the application;
or
B. New or additional information is available that was not available
at the time of the original application that might reasonably affect
the decision-making body's review of the relevant standards to the
proposed development; or
C. A new application is proposed to be submitted that is materially
different (e.g., proposes new uses, or a substantial decrease in proposed
densities and intensities) from the prior application; or
D. The final decision on the application was based on a material mistake
of fact.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2020-0728-07 adopted 7/28/20; Ordinance
2024-0206-02 adopted 2/6/2024)
3.05.01
Establishment of Review Period.
The City Manager
is required to establish a standard time period for review and final
action on all applications. This information will be published in
the Administrative Procedures Manual. This review period will be used
to determine the number of days for all time limits within this Code.
If the City Manager fails to establish review periods for each procedure,
the default review period will be ninety (90) days unless State law
imposes a shorter period, in which event the shorter period will prevail.
3.05.02
Restrictions on Review Period Serving as Time Limit.
All time requirements are guidelines, and do not require final
action within a specified period of time. The following rules describe
administration of time requirements.
A. 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.
B. 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.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
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
|
Mailed
|
---|
Administrative Appeal
|
|
Variance
|
X
|
Special Use Permit
|
X
|
Conditional Use Permit
|
X
|
Comprehensive Plan Amendment
|
|
Historic District Designation
|
X
|
Planned Unit Development
|
X
|
Zoning Map Amendment (Rezoning)
|
X
|
Unified Development Code Text
Amendment (*Refer to Texas LGC Chapter 211)
|
X*
|
3.06.02
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 Jarrell, 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.
3.06.03
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
|
|
|
|
3.06.04
Conduct of Public Hearings.
A. All public hearings shall follow the procedures set forth by the
City of Jarrell. 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.
B. 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 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
This section provides specific approval criteria for the following
policy-related applications:
• Comprehensive Plan Amendments
|
• Code Text Amendments
|
• Conditional Use Permits
|
• Zoning Changes/Rezoning
|
• Planned Unit Developments (PUDs)
|
• Variance
|
3.07.01
Comprehensive Plan Amendment.
A.
Applicability.
The Comprehensive Plan reflects
Jarrell's long-term plan for growth and development. The City Council
may, from time to time, on its own motion or on petition, amend, supplement,
change, modify, or repeal the regulations, restrictions, and boundaries
herein established, or contained in the Comprehensive Plan.
B.
Approval Criteria.
The City Council may consider
criteria it deems relevant and important in taking final action on
the amendment but shall generally determine that the amendment promotes
the health, safety, or general welfare of the City and the safe, orderly,
and healthful development of the City.
C.
Responsibility for Final Action.
Recommendations
regarding Comprehensive Plan amendments may be made by the Planning
and Zoning Commission. The Planning and Zoning Commission shall forward
their recommendation to the City Council who is responsible for final
action on Comprehensive Plan Amendments.
3.07.02
Unified Development Code Text Amendment.
A.
Applicability.
Amendments to this Code may be
made from time to time in order to establish and maintain sound, stable,
and desirable development within the jurisdiction of the City, or
to correct errors in the text or caused by changing conditions in
a particular area or in the City. All text amendments shall be in
accordance with the Comprehensive Plan. If the Comprehensive Plan
is amended, the Code should also be amended if found to be necessary
or advisable by the Planning and Zoning Commission.
B.
Approval Criteria.
The City Council may consider
criteria it deems relevant and important in taking final action on
the amendment but shall generally determine that the amendment promotes
the health, safety, or general welfare of the City and the safe, orderly,
and healthful development of the City.
C.
Responsibility for Final Action.
Recommendations
regarding the Code text amendments shall be made by the Planning and
Zoning Commission. The Planning and Zoning Commission shall forward
its recommendation to the City Council who is responsible for final
action on a Code Text Amendment.
3.07.03
Conditional Use Permit.
A.
Applicability.
Conditional Use permits allow for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this Code. These uses and the districts where they may locate are listed in Section
4.09. These uses may locate in districts as indicated under special conditions. No such use shall commence without prior approval of a Conditional Use permit.
B.
Approval Criteria.
A binding Site Plan for the
Conditional Use Permit must be approved by the City Council in order
to approve issuance of a Conditional Use Permit.
1.
The Site Plan must be reviewed by the City Manager for compliance
with this Code.
2.
In addition to the criteria for zoning changes found in Section 2.5 [Section
4.03], the City Council may approve an application for a Conditional Use Permit where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public. The City Council will review the Conditional Use Permit application based on the potential use's impact on the health, safety and welfare of the surrounding neighborhood; its impact on public infrastructure such as roads, parking facilities and water and sewer systems; and its impact on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to adequately provide services.
3.
Any modification to an approved site plan that was filed as
part of a Conditional Use Permit shall cause the Conditional Use Permit
to become void, regardless of its current status, including any approval
previously given by the City Council.
4.
Such Conditional Use Permits must be resubmitted to the City
Manager and the City Council for consideration using the modified
site plan.
5.
The City Manager may determine that the modification to the
site plan does not change the basis for Conditional Use Permit approval
and issue a temporary approval to the modified Conditional Use Permit.
In this case, the City Manager shall report this action in writing
to the City Council and place the modified Conditional Use Permit
directly on the City Council agenda for action at the Council's next
meeting.
6.
If the City Manager determines that the modifications to the
site plan changes the basis for the initial Conditional Use Permit
approval, the modified permit shall follow the regular review process
for a regularly submitted Conditional Use Permit.
C.
Responsibility for Final Action.
The City Council
is responsible for final action on applications for Conditional Use
Permits.
3.07.04
Zoning Map Amendment — Rezoning.
A.
Applicability.
For the purpose of establishing and maintaining sound, stable, and desirable development within the corporate limits of the City, the Official Zoning Map may be amended based upon changed or changing conditions in a particular area or in the City generally, or to rezone an area, or to extend the boundary of an existing zoning district. All amendments must be in accordance with the Comprehensive Plan, which may be amended according to the procedure in Chapter
2 (Section 2.4 [sic]). Newly annexed areas shall be zoned AG during the annexation process.
B.
Approval Criteria (Rezoning).
The City Council
may consider criteria it deems relevant and important in taking final
action on the amendment but shall generally determine that the amendment
promotes the health, safety, or general welfare of the City and the
safe, orderly, and healthful development of the City.
C.
Responsibility for Final Action.
Conditions and
proposed decisions regarding rezoning shall be reviewed by the Planning
and Zoning Commission. The Planning and Zoning Commission shall forward
its recommendation to the City Council, which is responsible for final
action on Zoning Map Amendments.
3.07.05
Zoning Map Amendment - Planned Unit Development (PUD).
A.
Applicability.
A PUD may be used to permit new
or innovative concepts in land utilization, master-planned communities,
mixed use development that other zoning districts do not accommodate,
and to provide site-specific compatibility standards. While greater
flexibility is given to allow special conditions or restrictions that
would not otherwise allow the development to occur, procedures are
established to insure against misuse of increased flexibility. PUDs
are appropriate in areas where the Comprehensive Plan reflects the
specific uses proposed in the PUD or where the Comprehensive Plan
reflects mixed use as a land use category.
B.
Submission Requirements.
The applicant is responsible
for submitting an application for a PUD that must include submission
of a proposed development ordinance with an attached General Development
Plan. The proposed ordinance, as modified and if approved by the City
Council, shall be binding on the applicant and its successors. Final
action on the PUD includes final action on the proposed development
agreement. Any future development permits must comply with the final
approved development ordinance.
C. 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.
D.
Approval Criteria (PUD).
Upon receipt of the Planning
and Zoning Commission's recommendation to the City Council, the Council
will consider the following specific objectives and criteria in making
a determination on the development ordinance and general development
plan associated with the PUD. Rezoning to and development under the
PUD district will be permitted only if the development ordinance and
general development plan meet the following criteria:
1.
Compatible with the goals and policies of the Comprehensive
Plan.
2.
Assurance of adequate utility infrastructure in conformance
with utility and drainage plans available.
3.
Assurance of a variety of housing types, employment opportunities
or commercial services to achieve a balanced community for families
of all ages, sizes and levels of income.
4.
Provision of a comprehensive transportation system for bicycle,
pedestrian and vehicular traffic that is connected and integrated
with existing development.
5.
Provision of a gross site area as well-designed and appropriately
improved open space.
6.
Development is staged in a manner that can be accommodated by
the timely provision of public utilities, facilities and services.
E.
Effect of Council Approval.
1.
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.
2.
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.
3.
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.
F.
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.
G.
Responsibility for Final Action.
Decisions regarding
a Planned Unit Development (PUD) 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 a PUD.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
This section applies to general compliance issues related to
development within the City of Jarrell.
3.08.01
Letter of Regulatory Compliance (City Manager Approval).
A.
Applicability.
The subdivider may obtain a Letter
of Regulatory Compliance from the City Manager prior to commencing
work on any development and may be required to do so by the City as
part of an application for another procedure. The Letter of Regulatory
Compliance certifies that specific uses of land and any new development
is in compliance with the requirements of these development regulations.
B.
Zoning Verification Letter.
A Zoning Verification
Letter is a letter that indicates to a property owner that a specified
use, clearly identified in the application, is permitted within the
zoning district. A Zoning Verification Letter does not vest the property
owner with permission to proceed with a development; does not specify
requirements that must be met for future development; and does not
include a determination that a tract of land may be developed. The
City Manager may include additional information about the uses and
standards required for a development to proceed, however, and such
additional information does not constitute permission to proceed with
development.
C.
Legal Lot Verification Letter.
A Legal Lot Verification
Letter is a letter in accordance with section 212.0115 of the Texas
Local Government Code that indicates whether or not a lot has been
properly platted.
D.
Responsibility for Final Action.
The City Manager
is responsible for final action.
3.08.02
Written Interpretation of the Unified Development Code (City
Manager Approval). The City Manager shall have the authority to make
all written interpretations of this Code. Whenever there appears to
be an uncertainty, vagueness, or conflict in the terms of the Code,
the Manager, in consultation with the staff, city engineer, or city
attorney, as may be appropriate, shall make every effort to interpret
the Code in such a way that it fulfills the goals of the Comprehensive
Plan and the Code. The interpretation given by the Manager shall be
final unless an appeal is made by the applicant to the Board of Adjustment
to overturn his decision. In such a case the burden shall be on the
applicant to prove that the Manager's interpretation is unreasonable
and in clear conflict with the governing law and the goals of the
Comprehensive Plan.
A. Submission requirements for written interpretations will be developed
by the City Manager.
B. In addition to the general criteria for consideration of administrative procedures in Section
2.03, the City Manager will determine, based on analysis of the requested interpretation, and considering this Code, the correct interpretation for whatever question is raised.
C. The City Manager will first determine that the application does not
request a written interpretation that is already clear in this Code
or that the application could more appropriately be decided through
another procedure in this Code. If this is the case, the City Manager
shall reject the applicant's proposed written interpretation and refer
the applicant to the appropriate section of the Code. This reference
will serve as the written interpretation.
D. In making a written interpretation, the City Manager may consider,
but is not limited to the following:
1.
Any previous written interpretations.
2.
Best practices in the planning and land development professions.
3.
Current practices of the City of Jarrell.
4.
Any other relevant source.
3.08.03
Stormwater Permit (City Engineer Approval).
A. A stormwater permit is required prior to any development construction
within the City limits to ensure conformance to the stormwater management
provisions and other applicable requirements of this Code. Issuance
of a site development permit or a final plat for a single-family residential
subdivision within the City Limits constitutes approval of a Stormwater
Permit for that specific development.
B. The applicant must ensure that the application for a stormwater permit
was prepared or reviewed and approved in writing by a licensed professional
engineer prior to submission to the City.
C. A stormwater permit will be issued after the City Engineer has determined
that the development meets the stormwater and pollution management
requirements of Chapter 5.00 of this Code.
D. Prior to issuance of a stormwater permit, the City Manager or City Council must approve the site plan for projects in the City's ETJ to ensure any required compliance with this Code, as required in Section 2.2 [Section
2.03]).
E. A stormwater permit approved by the City is condition[ed] upon approval
of all applicable related permits required from the Texas Environmental
Quality Commission (TCEQ), the U.S. Environmental Protection Agency
(EPA) or any other state or federal agency being issued by that agency.
Permits issued by entities such as the EPA, which may issue permits
closer in time to construction, shall be made available to the City
within seven (7) days after having received such permit(s).
F. The City Engineer is responsible for final action.
3.08.04
Appeal of an Administrative Decision (BOA Approval).
A. Procedures including initiation of appeals of administrative decisions
are explained in Chapter 2.00.
B.
Effect of Appeal.
All development activities permitted
by the action being appealed, or any subsequent approval, must stop
upon appeal, and remain inactive until the appeal is resolved. If
the City Manager certifies in writing that such a cessation of activity
would cause imminent peril to life and property, the development may
proceed, unless a stop order is issued by the BOA, or a restraining
order is issued by a competent court of record. The stop order or
restraining order stopping development must indicate the reason for
stopping the activity.
C.
Alternative Dispute Resolution.
Prior to hearing
or deciding an appeal of an administrative decision, the Chairperson
of the Board of Adjustment (BOA) may request that the applicant and
administrative official agree to mediation or other alternative form
of resolution of the dispute prior to a public hearing.
1.
If the applicant refuses to accept alternative resolution of
the dispute, the appeal will be heard and acted upon by the BOA no
later than its next meeting.
2.
If the applicant and administrative official cannot agree on
a format or mediator for the appeal within thirty (30) days, the Chairperson
of the BOA may assign a mediator.
3.
The mediator will coordinate the mediation or other alternative
form of resolution with the parties, including the date, time, and
place of meetings.
4.
The mediator may invite any person, organization or governmental
unit with relevant information to participate in the mediation. The
parties may suggest persons, organizations or governmental units that
should be requested to participate.
5.
Both parties will equally share any costs associated with the
alternative dispute resolution process, unless they agree otherwise
in writing.
6.
If no alternative resolution of the dispute can be agreed to
by both parties, and if a party is not participating in good faith,
the mediator may declare an impasse. The appeal will then be heard
and decided at the next BOA meeting.
7.
The Board of Adjustment (and/or City Council) must approve,
in a public hearing, any alternative resolution of the appeal that
involves a minimal change in development standards of this Code and
consistent with all legal requirements.
D.
Approval Criteria.
The Board of Adjustment considers
whether the City Manager's or City Council's official action was appropriate
considering the facts of the case and the requirements contained in
this Code. The Board will make its decision based on this Code and
the information presented to the BOA by the applicant and the City
Manager or other administrative official.
E.
Basis for Appeal.
An applicant may only appeal
the specific reasons given for the administrative disapproval or denial.
An applicant may not appeal the disapproval or denial without effectively
establishing that the specific basis for the administrative disapproval
or denial was incorrect.
F.
Burden of Proof in Appeals.
1.
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.
2.
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.
G. The Board of Adjustment is responsible for final action.
3.08.05
Administrative Exception (BOA Approval).
A.
Applicability.
Upon written receipt of an application
requesting an Administrative exception or adjustment, the City Manager
may request the BOA to consider an administrative exception or adjustment.
B. In order to provide a method by which human error (e.g., miscalculations)
may be corrected, administrative exceptions or adjustments may be
permitted. Special exceptions are specified deviations from otherwise
applicable development standards where development is proposed that
would be:
1.
Compatible with surrounding land uses.
2.
Harmonious with the public interest.
3.
Consistent with the purposes of this Code.
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.
C.
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.
D.
Criteria for Administrative Exceptions.
To approve
an application for an administrative exception, the Board of Adjustment
must determine that the following criteria are met:
1.
That granting the administrative exception serves an obvious
and necessary purpose.
2.
That granting the administrative exception will ensure an equal
or better level of land use compatibility than the otherwise applicable
standards.
3.
That granting the administrative exception will not materially
or adversely affect adjacent land uses or the physical character of
uses in the immediate vicinity of the proposed development because
of inadequate buffering, screening, setbacks or other land use considerations.
4.
That granting the administrative exception will not adversely
affect adjoining property values in any material way.
5.
That granting the administrative exception will be generally
consistent with the purposes and intent of this Code.
E. 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 Section
2.03.05 in addition to this Section.
A.
Applicability.
The City Council shall have the authority to hear and grant requests for a variance from the development standards of this Code. Waivers of the standards required for plat approval are not considered variances and must be requested from the Planning and Zoning Commission and then the City Council during the plat review process. Any variance requests 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 subsection
B. below.
B.
Criteria for Review and Required Findings.
The
City Council may authorize a variance from the requirements of this
Code when an unnecessary hardship would result from the strict enforcement
of this Code. In granting a variance, the City Council shall first
review the recommendation of the Planning and Zoning Commission and
then shall prescribe only conditions that it deems not prejudicial
to the public interest. In making the required findings, the City
Council shall take into account the nature of the proposed use of
the land involved, the existing use of land in the vicinity, the number
of persons who will reside or work in the proposed development, the
possibility that a nuisance may be created, and the probable effect
of such variance upon traffic conditions and upon public health, convenience,
and welfare of the vicinity. No variance shall be granted unless the
City Council finds all of the following:
1.
Extraordinary Conditions.
That there are extraordinary
or special conditions affecting the land involved such that strict
application of the provisions of this Code will deprive the applicant
of a reasonable use of its land. For example, a variance might be
justified because of topographic, or other special conditions unique
to the property and development involved, while it would not be justified
due to inconvenience or financial disadvantage.
2.
Preservation of a Substantial Property Right.
That the variance is necessary for the preservation of a substantial
property right of the applicant.
3.
Substantial Detriment.
That the granting of the
variance will not be detrimental to the public health, safety, or
welfare, or injurious to other property in the area, or to the City
in administering this Code.
4.
Other Property.
That the conditions that create
the need for the variance do not generally apply to other property
in the vicinity.
5.
Applicant's Actions.
That the conditions that
create the need for the variance are not the result of the applicant's
own actions.
6.
Comprehensive Plan.
That the granting of the variance
would not substantially conflict with the Comprehensive Plan and the
purposes of this Code.
7.
Utilization. That because of the conditions
that create the need for the variance, the application of this Code
to the particular piece of property would effectively prohibit or
unreasonably restrict the utilization of the property.
C.
Insufficient Findings.
The following types of
possible findings do not constitute sufficient grounds for granting
a variance:
1.
That the property cannot be used for its highest and best use.
2.
That there is a financial or economic hardship.
3.
That there is a self-created hardship by the property owner
or its agent.
4.
That the development objectives of the property owner are or
will be frustrated.
D.
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.
E.
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.
F.
Responsibility for Final Action.
Variance requests
shall by 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 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
This section applies to the following subdivision-related applications:
• Administrative Plat
|
• Preliminary Plat
|
• Final Plat
|
• Construction Plan
|
3.09.01
General Requirements for Approval of Plats.
A. Prior to the subdivision, resubdivision, or development of any land within the City, all plans, and plats [and] plans for infrastructure improvements must first be approved in accordance with regulations specified in Section
3.08 except for:
1.
Construction of additions or alterations to an existing building
where no drainage, street, utility extension or improvement, additional
parking or street access change is required to meet the standards
of this Code are necessary to support such building addition or alterations.
2.
Divisions of land created by order of a court of competent jurisdiction.
3.
A change in ownership of a property through inheritance or the
probate of an estate.
4.
Cemeteries complying with all state and local laws and regulations.
B. No land may be subdivided or platted through the use of any legal
description other than with reference to a plat approved by the City
Council or the City Manager in accordance with these regulations.
C. No building permit or certificate of occupancy may be issued for
any parcel or tract of land until such property has received final
plat approval and is in conformity with the provisions of this Code,
the plat has been recorded, public improvements have been accepted
by the City (if applicable), and no private improvements will take
place or be commenced except in conformity with these regulations
in this Code.
D. No person shall transfer, lease, sell or receive any part of a parcel
before an administrative plat or final plat of such parcel and the
remaining parcel have been approved by the City Council in accordance
with the provisions of these regulations in this Code and filed of
record with the County Clerk of Williamson County.
E. The platting or subdivision of any lot or any parcel of land, by
the use of GPS as a substitute for metes and bounds for the purpose
of sale, transfer, lease or development is prohibited. GPS may be
used as supporting documentation only and the datum source must be
referenced.
3.09.02
Administrative Plat Review.
A.
Applicability.
Minor plats, amending plats, or
replat may be approved by the City Manager following an evaluation
for plan compliance and technical compliance with this Code.
1.
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 Jarrell.
2.
Amending Plat.
A plat that complies with Texas
Local Government Code section 212.016, as amended, which is generally
submitted to correct errors and omissions when agreed to by all adjacent
property owners.
3.
Plat Vacation.
A previous plat is no longer applicable,
and all demarcations are eliminated.
4.
Replat.
Any plat that complies with Texas Local
Government Code section 212.014, as amended, which is generally submitted
to replat a subdivision or part of a subdivision without vacation
of the original plat.
i.
Replatting a portion of a recorded lot is not permitted.
ii.
A replat does not itself constitute approval for development
of the property.
5.
Any plat that requires a waiver from Subdivision Design and
Improvement Standards, any utility dedication, or any dedication of
land must be reviewed as a preliminary plat by the Planning and Zoning
Commission.
6.
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 Jarrell of
record with the County Clerk unless the plan, plat or replat bears
the endorsement and approval of the City Manager.
B.
Approval Criteria (Administrative Plat).
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 Manager or the developer.
C.
Responsibility for Final Action.
The City Manager
is responsible for final action on Administrative Plat Reviews. If
the City Manager determines the Administrative Plat does not meet
the approval criteria, the applicant may request that the application
be forwarded to the Planning and Zoning Commission for its review
and for its recommendation to City Council, which will take final
action.
D.
Action Following Plat Approval.
After approval
of an administrative plat, the subdivider shall notify the City Engineer
within ten (10) days which of the following construction procedure(s)
the subdivider proposes to follow:
1.
The subdivider may file a Construction Plan, and upon approval
of the Construction Plan by the City Manager or his/her designee,
proceed with construction of streets, alleys, sidewalks, and utilities
that the subdivider is required to install. The City will inspect
the work as it progresses, and upon completion and final acceptance
by the City, and upon written request of the subdivider, the final
plat may be approved and filed of record with the County Clerk; or
2.
The subdivider may elect to post fiscal surety and assurance
of construction as provided in Chapter 6.00 [Chapter 5.00], in which
case the surety of assurance shall be filed with the City, together
with a request that the plat be filed for record. In this case, the
final plat will be approved and filed with the County Clerk. The subdivider
shall pay the record filing fee. The City will inspect the construction
work as it progresses and will make the final inspection to assure
compliance with City requirements; and upon completion of construction,
the subdivider shall deliver to the City a one (1) year guarantee
of workmanship and materials.
3.
The City Engineer's signature on the construction documents
provides the requisite authority for the subdivider to proceed with
the construction of streets and utilities.
E.
Recordation.
After the City Manager 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 6.00 [Chapter 5.00]) or completed required provision
of infrastructure and public improvements, the final plat shall be
recorded in the Office of the County Clerk. The subdivider will pay
the record filing fee.
3.09.03
Preliminary Plat Review.
A.
Applicability.
1.
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).
2.
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.
3.
It shall be unlawful to offer and cause to be recorded any Preliminary
Plat of land within the City limits or extraterritorial jurisdiction
of Jarrell with the County Clerk by any party other than the City
Manager or another duly authorized representative of the City of Jarrell.
B.
Preliminary Plat Application Requirements.
1.
Submission requirements for the preliminary plat will be established
by the City Manager 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).
2.
A plat submitted for consideration as a Preliminary Plat may
not have an area or signature block for any endorsement and approval
by the City Council, as is required to file the final plat with the
County Clerk.
C.
Approval Criteria.
Subdivisions and plats of land
shall be reviewed using the criteria specified or referenced in State
Law.
D.
Waivers.
The Planning and Zoning Commission may recommend to City Council the approval, approval with conditions, or disapproval of waivers of the standards required for plat approval, by using the criteria for consideration of Variances in Section
3.08.06.
E.
Responsibility for Final Action.
Recommendations
regarding Preliminary Plat approval shall be made 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 Preliminary Plat.
F.
Action Following Preliminary Plat Approval.
After
approval of a preliminary plat, the subdivider shall prepare and submit
a final plat.
3.09.04
Final Plat Approval.
A.
Applicability.
1.
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.
2.
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 City Council. The final
plat must incorporate all changes from the preliminary plat that were
considered and approved by the City Council.
B.
Final Plat Application Requirements.
1.
Submission requirements for the final plat will be developed
by the City Manager.
2.
When filed, the final plat must also provide all support documentation
required by the County Clerk's office for recordation.
3.
A plat submitted for consideration as a final plat must have
an area or signature block for any endorsement and approval by the
City Manager, as required to file the final plat with the county clerk.
4.
Estimates for posting fiscal surety for landscaping requirements,
maintenance, erosion and sedimentation control, roads, and utilities
are also required for final plat review.
C.
Approval Criteria.
1.
Subdivisions and plats of land shall be reviewed using the criteria
in this Code and any technical criteria referenced by this Code.
2.
A final plat must be determined to be consistent with a previously
approved preliminary plat.
3.
A construction plan for any required or agreed improvements
must be approved by the City Manager or his/her designee as required
in this Code.
D.
Recordation.
If the City Council has approved
the plat, the City Manager or his/her 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 file the final
plat with the County Clerk.
3.09.05
Construction Plan (City Engineer Approval).
A.
Applicability.
Construction plans must be submitted
to the City Engineer for all existing or proposed streets, sidewalks,
drainage and utility improvements, water quality controls, park improvements,
and any other infrastructure or public improvements that are required
or proposed to be constructed, reconstructed, improved, or modified
to serve the development. Where the final plat is for property being
developed in phases, the required construction plans must include
the improvements specified in the general development plan or preliminary
plat to serve the phase being platted. The construction plans are
intended to provide for the detailed engineering drawings for all
improvements required to serve the development. The construction plans
must be kept as a permanent record of the City. The City Engineer
as referenced in this Code is acting as agent for the City Manager
and shall have the powers specified in this Code only to the extent
that the Engineer is expressly delegated those powers by the City
Manager.
B.
Responsibility of Subdivider's Engineer.
The registered
professional engineer representing the subdivider is responsible for
the accuracy, completeness and conformance of all plans to City standards
and must certify (with seal) the construction plans as to accuracy
and design and conformance with all applicable City requirements.
The City assumes no project design or engineering responsibility.
The subdivider's professional engineer certifying the plans is responsible
for the accuracy and completeness of the documents and the soundness
of the designs as submitted for review and actual construction.
C.
Approval Criteria.
1.
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.
2.
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.
3.
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.
4.
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.
5.
The City Engineer is responsible for final action on Construction
Plans.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
This Section describes the applicability and specific approval
criteria for all Administrative Procedures necessary under this Code
and applicable to the following:
3.10.00 Nonresidential Development Related Procedures.
A. Site Plan Review [and] Site Development Permit
B. Master Sign Plan and Sign Permit
F. On-Site Wastewater Permit
3.10.01
Site Plan Review and Site Development Permit (City Manager
Approval).
A.
Applicability.
Prior to any excavation, clearing,
or other land alteration for the purpose of development within the
City limits an applicant must submit a site plan for approval and
issuance of a site development permit under this section. No such
excavation or development shall be lawful or permitted to proceed
without issuance of a site development permit. All improvements reflected
on approved site plans must be constructed at the time of development.
All terms and conditions of site development permit approval must
be met at the time of development.
B.
Criteria for Approval.
A site plan will be approved,
and a site development permit issued if the development is in compliance
with the general criteria for approval of administrative review procedures,
the requirements of Chapter 6.00 of this Code (Site Development and
Design Standards) and the following additional criteria:
1.
Compliance with the general development plan and development
agreement or ordinance governing the parcel of land to which the site
plan is related.
2.
Compliance with any additional site plan approval criteria required
under Chapter 6.00 of this Code, or any additional approval criteria
for overlay districts, or any site plan approval criteria adopted
as part of a neighborhood or special area plan.
3.
Prior to final approval of any plan within the City Limits,
the City Engineer must certify to the City Manager that all requirements
for a TCEQ Stormwater Permit are met by the site plan. Approval of
the site plan constitutes approval of the Site Development Permit
and Stormwater Permit.
C.
Responsibility for Final Action.
The City Manager
is responsible for final action on developments specified in Section
[2.03] Chapter 2.00 of this Code.
3.10.02
Master or Common Sign Plan (City Manager Approval).
A.
Applicability.
A master sign plan shall be required
for all multiple-tenant buildings, PUDs, and all multi-building or
multi-occupant commercial developments before any signs for such development
may be erected on the property. All owners, tenants, subtenants and
purchasers of individual units within the development shall comply
with the approved master sign plan.
B.
Criteria for Approval.
In addition to the general administrative review criteria in Section
2.03, the City Manager must determine the following in order to approve the Master Sign Plan:
1.
The plan provides for signs that meet the size and height limitations,
location requirements, and other applicable requirements of Chapter
6.00 of this Code.
C. The City Manager is responsible for final action.
3.10.03
Sign Permit (City Manager Approval).
A.
Applicability.
No sign may hereafter be erected, moved, added to, or structurally altered within the City or the ETJ without a permit issued by the City Manager in conformity with the provisions of this Section and Section
6.12 of this Code. No building permit issued under the provisions of this Code for signs shall be considered valid unless signed by the City Manager.
B.
Criteria for Approval.
In addition to the general
criteria for approval of administrative procedures, the City Manager
shall base the final action on the following criteria:
1.
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.
2.
If the subject property has a Master Sign Plan, development
agreement or ordinance governing it, whether the plans, specifications
and intended use of such building or structures or part thereof, including
the proposed sign, conform in all respects to the development agreement
or ordinance.
C. The City Manager is responsible for final action.
D. Appeals of City Manager actions regarding sign-related building permits
shall be considered and decided by the City Council.
3.10.04
Temporary Use Permit (City Manager Approval).
A.
Applicability.
Temporary uses, as identified in
Chapter 4.00, are required to obtain a temporary use permit from the
City Manager. The permit specifies the use, the period of time for
which it is approved, and any special conditions attached to the approval.
B.
Approval Criteria.
In addition to the general
criteria for consideration of administrative procedures, the City
Manager shall consider whether the application complies with the following
standards:
1.
Land Use Compatibility.
The temporary use must
be compatible with the purpose and intent of this Code and the zoning
district in where [which] it will be located. The temporary use shall
not impair the normal, safe, and effective operation of a permanent
use on the same site. The temporary use shall not endanger or be materially
detrimental to the public health, safety or welfare, or injurious
to property or improvements in the immediate vicinity of the temporary
use, given the nature of the activity, its location on the site, and
its relationship to parking and access points.
2.
Compliance with Other Regulations.
A building
permit or temporary certificate of occupancy may be required before
any structure to be used in conjunction with the temporary use is
constructed or modified. All structures and the site as a whole shall
meet all applicable building Code, zoning district, and fire Code
standards and shall be promptly removed upon the cessation of the
use or event. Upon cessation of the event or use, the site shall be
returned to its previous condition (including the removal of all trash,
debris, signage, attention-attracting devices or other evidence of
the special event or use).
3.
Duration.
The duration of the temporary use shall
be consistent with the intent of the use and compatible with the surrounding
land uses. The duration shall be established by the City Manager at
the time of approval of the temporary use permit.
4.
Traffic Circulation.
The temporary use shall not
cause undue traffic congestion or safety concerns, as determined by
the City Engineer, given anticipated attendance and the design of
adjacent streets, intersections and traffic controls.
5.
Off-Street Parking.
Adequate off-street parking
shall be provided for the temporary use, and it shall not create a
parking shortage for any of the other existing uses on or near the
site.
6.
Appearance and Nuisances.
The temporary use shall
not cause any temporary or permanent nuisance. The temporary use shall
be compatible in intensity, appearance and operation with surrounding
land uses in the area, and it shall not impair the usefulness, enjoyment
or value of adjacent property due to the generation of excessive noise,
dust, smoke, glare, spillover lighting, or other forms of environmental
or visual pollution.
7.
Other Conditions.
The City Manager shall consider
any other conditions that may arise as a result of the temporary use.
C.
Public Conveniences and Litter Control.
Adequate
on-site restroom facilities may be required. Adequate on-site solid
waste containers may also be required. The applicant shall provide
a written guarantee that all litter generated by the event or use
shall be removed within a reasonable and appropriate timeframe at
no expense to the City. The guarantee shall be in a form and substance
approved by the City Manager, which may include the requirement of
a fiscal posting.
D.
Signs and Attention-Attracting Devices.
The City
Manager shall review all signage in conjunction with the issuance
of the permit. The City Manager may approve the temporary use of attention-attracting
devices that generally conform to the requirements of this Code. The
City Manager may establish any additional conditions deemed necessary
to ensure land use compatibility and to minimize potential adverse
impacts on nearby uses, including, but not limited to, time and frequency
of operation, temporary arrangements for parking and traffic circulation,
requirements for screening/buffering, and guarantees for site restoration
and cleanup following the temporary use.
E. The City Manager is responsible for final action.
3.10.05
On-Site Wastewater Permit (Williamson County Approval).
A.
Applicability.
On-site Wastewater permits shall
be required from Williamson County for any development that applies
for a development permit and wishes to use a septic tank or similar
type of on-site wastewater system.
B.
Approval Criteria.
1.
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.
2.
Williamson County is responsible for final action.
(Ordinance 2018-03-27-01 adopted 3/27/18; Ordinance 2024-0206-02 adopted 2/6/2024)
3.11.01
Permit Required.
A permit shall be required for
all proposed construction or other development in floodprone areas,
including the placement of manufactured homes.
3.11.02
Application for Permit.
Applications for a permit
shall be made to the Floodplain Administrator, or Designee on forms
furnished by the city and may include plans in duplicate drawn to
scale showing the nature, location, dimensions, and elevations of
the area in question; existing or proposed structures; fill, storage
of materials, drainage facilities, and the location of the foregoing.
(Ordinance 2024-0702-04 adopted 7/2/2024)