(a) 
Plat required.
A building permit for residential or commercial construction will not be issued for any primary building on any parcel of property unless a final plat has been approved and filed for record in the deed records of the county, except as follows:
(1) 
Where a primary residential structure exists, a building permit to repair or renovate the existing residential structure without adding new square footage may be issued on an unplatted lot, provided that the value of such proposed construction, including the cumulative value of any proposed and all previously permitted construction permits on the primary structure, does not exceed 50 percent of the current value of the existing structure, excluding the value of the land. Construction permits as used herein do not include electrical, plumbing, or similar non-construction activities.
(2) 
A building permit for electrical, plumbing, fence or similar non-construction activities may be issued on an unplatted lot in any zoning district except for building permits which include structural enclosures.
(3) 
A building permit for an accessory structure may be issued on an unplatted lot on agriculturally zoned property provided regulations of section 118-293 of the zoning ordinance have been met.
(4) 
Where a primary nonresidential structure exists, a building permit to construct an addition to, or renovation of, the existing nonresidential structure may be issued on an unplatted lot, provided that the value of such proposed construction, including the cumulative value of any proposed and all previously permitted construction permits on the primary structure, does not exceed 50 percent of the current value of the existing structure, excluding the value of the land.
(b) 
Adequate public facilities.
A building permit for a primary building will not be issued until adequate public facilities have been installed and received approval from the public works department.
(c) 
Model homes.
A building permit may be issued for a single-family dwelling to be used as a model home when, in the opinion of the building official and the public works director, adequate public facilities have been made available.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)
(a) 
The planning and zoning commission may approve modifications, waivers, or exceptions from these regulations upon written request from the applicant stating the grounds for such modification, waiver, or exception. Where the planning and zoning commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations, or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve modifications, waivers, or exceptions to these subdivision regulations. Such a finding will not have the effect of nullifying the intent and purpose of these regulations.
(b) 
The planning and zoning commission may not approve modifications, waivers, or exceptions unless it makes findings based upon the evidence presented to it in each specific case that:
(1) 
The conditions upon which the request for a modification, waiver, or exception is based are unique to the property and are not applicable generally to other properties;
(2) 
A tract has peculiar physical surroundings, severe topographical conditions, or unique environmental qualities worthy of protection;
(3) 
Where a hardship to the owner would result rather than a mere inconvenience; or
(4) 
The modification, waiver, or exception will not have an adverse effect on the intent of these provisions or the comprehensive land use plan.
(c) 
The applicant has the right to appeal the disapproval of a waiver or modification to the city council.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)
(a) 
The planning division is responsible for enforcement of the administrative and development provisions of these regulations. Where a determination of the applicability of these regulations conflicts with a request by a developer, the planning and zoning commission may rule and decide on these questions.
(b) 
It is unlawful for any property owner, or agent of any property owner, to lay out, subdivide or plat any land into lots, blocks, and streets within the city, or to sell property therein and thereby, except in accordance with the ordinances of the city.
(c) 
The subdivision of any lot or any parcel of land using a metes and bounds description for the purpose of sale, transfer, or lease with the intent of creating a building lot by evading these regulations, is considered a violation of this article. All such described subdivisions are subject to all the requirements contained in these regulations.
(d) 
The city may refuse to authorize or make utility connections to any property as authorized in Texas Local Government Code Section 212.012, as amended.
(e) 
A building permit will not be issued for the construction of a building upon any lot unless such lot has been officially recorded by an approved plat in accordance with this chapter. A building permit will not be issued for the construction of a building upon any lot unless all required public improvements have been constructed and accepted by the city. Notwithstanding the foregoing, the city may, pursuant to administrative policy, issue building permits for residential structures prior to the city's final acceptance of the required public improvements.
(f) 
Approval of a final plat is not deemed an acceptance of the proposed dedications and does not impose any duty upon the city concerning the maintenance or improvement any such dedicated parts until the proper authorities of the city have both given their written acceptance of the improvements and have actually appropriated the same by entry, use, or improvements.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)
(a) 
Generally.
This chapter may be amended, supplemented, changed, modified, or repealed upon approval of an ordinance by the city council. The city council may not enact any proposed amendment until the planning and zoning commission makes its final report to the city council. The city council may refer proposed amendments to the planning and zoning commission for recommendation.
(b) 
Initiation.
An amendment may be initiated upon a majority vote of the city council, or upon a majority vote of the planning and zoning commission.
(c) 
Public hearing required.
The planning and zoning commission and the city council must conduct a public hearing on all proposed amendments to these regulations. The public hearing must be advertised in a newspaper having general circulation in the city at least ten days prior to the public hearing.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)
(a) 
Every application for approval of any type of plat or plan for development is subject to a determination of completeness by the director of planning.
(b) 
An application shall not be considered complete and accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this section. For a determination of completeness to be issued, an application must include the following:
(1) 
A completed application form signed by the owner or the owner's authorized agent;
(2) 
Every item, study and document required by this chapter for the type of plat application being submitted; and
(3) 
A nonrefundable application submittal fee, as specified in the fee schedule.
(c) 
The planning division must adopt a written list of all documentation and other information that the city requires to be submitted with a plat application.
(d) 
A determination of completeness does not constitute a determination of compliance with the substantive requirements of this chapter.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)
(a) 
Not later than the tenth business day after the date an application for plat approval or a plan for development is submitted, the director of planning must make a written determination whether the application constitutes a complete application. This must include a determination that all information, documents, or other requirements required by this chapter have been submitted for the type of plat or plan for development being submitted. A determination that the application is incomplete must be provided to the applicant within such time period at the address listed on the application. The determination must specify the information, documents or other requirements needed to complete the application and must state that the application will expire if the information, documents, or other requirements are not submitted within 45 days after the date the application was submitted.
(b) 
An application for approval of a plat or plan filed on or after the effective date of this section is deemed complete for the purpose of determining rights under the Texas Local Government Code, Chapter 245, on the eleventh business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete. For purposes of this section, the applicant is deemed to have been notified if the city has mailed a copy of the determination as provided in subsection (d). A determination of completeness does not constitute a determination of compliance with the substantive requirements of this chapter or that the time for completing plat, development plan or zoning change review has begun.
(c) 
The processing of an application by any city employee prior to the time the application is determined to be complete is not binding on the city as the official acceptance of the application for filing. The incompleteness of an application is grounds for denial of the application regardless of whether a determination of incompleteness was mailed to the applicant.
(d) 
An application for plat or development plan approval is deemed to expire on the 45th day after the application is submitted to the director of planning for processing if the applicant fails to provide information, documents, or other requirements necessary to comply with the form and content requirements as specified in the determination provided to the applicant. Upon expiration, the application will be returned to the applicant together with any accompanying documents. Thereafter, a new application for plat or development plan approval must be submitted.
(e) 
No vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied.
(Ordinance 3847, § 1(Exh. A), adopted 4/22/2024)