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a. Generally. In addition to the applicable required procedures in Division 7.1 , Purpose, Applicability, and Common Review Procedures, the following shall apply to Variances . b. Purpose. The purpose of a Variance is to provide limited relief from the requirements of this UDC in cases where the strict application of a particular requirement will create an unnecessary hardship by preventing the use and development of land in a reasonable manner that is otherwise allowed under this UDC . c. Prohibitions and exceptions. Some requests for relief are not within the jurisdiction of the Zoning Board of Adjustment ( ZBA ), and are, therefore, either prohibited or not subject to this Section. These requests are: 1. Use and sign type variances . Variances are proh...

Reference. Refer to Section 39.05.010 , Variance , Floodplain . ( Ordinance 2023-O0054 adopted 5/9/2023 )

a. Generally. In addition to the applicable required procedures in Division 7.1 , Purpose, Applicability, and Common Review Procedures, the following shall apply to Appeals of Administrative Decisions. b. Purpose. The purpose of an Appeal of Administrative Decision is to provide a vehicle for appeal of any final decision of the Director of Planning, Building Official , City Engineer , or Floodplain Administrator on any applications set out in Division 7.2 , Administrative Review Procedures. c. Notice of appeal. Within 20 days after the date of a final written administrative decision, an appeal may be submitted to the Director of Planning, in writing, by any person aggrieved by the decision or by any official or department of the City affected by the decis...

a. Generally. In addition to the applicable required procedures in Division 7.1 , Purpose, Applicability, and Common Review Procedures, the following shall apply to Preliminary Plats . b. Purpose. The purpose of a Preliminary Plat is to provide sufficient information to evaluate and review the general design of a proposed subdivision to ensure compliance with the Master Development Plan, if applicable, and the requirements of this UDC prior to submittal of a Final Plat . If a Final Plat contains four or fewer lots and tracts, or includes all of an applicant's contiguous ownership, a Preliminary Plat for the property shall not be required. c. Applicant responsibilities. Preliminary Plats shall not be considered filed until the plat and other required docum...

a. Generally. In addition to the applicable required procedures in Division 7.1 , Purpose, Applicability, and Common Review Procedures, the following shall apply to Final Plats . b. Purpose. The purpose of a Final Plat is to serve as the official recorded map of the property to be developed, showing the boundaries, lots , public streets , easements , and other significant facilities and features that are necessary to serve the development . The Final Plat shall conform to the approved Preliminary Plat , if any, and may constitute only a portion of the Preliminary Plat provided that such portions conform to all applicable requirements of this UDC . c. Improvements. The Final Plat shall contain dedication for all internal and perimeter streets and alleys an...

a. Generally. In addition to the applicable required procedures in Division 7.1 , Purpose, Applicability, and Common Review Procedures, the following shall apply to Replats . b. Purpose. The purpose of a Replat is to allow a property owner to add additional lots or public rights-of-way to a recorded plat without prior vacation, or to reconfigure lots within a recorded subdivision . The purpose of the replat shall be stated in the general notes on the face of the plat. c. Applicant responsibilities. Except as provided in this Subsection, applicant responsibilities shall be the same as those for a Final Plat . Refer to Section 39.07.041e , Applicant Responsibilities. d. Replatting without vacating preceding plat. In accordance with Texas Local Government Co...

a. Generally. In addition to the applicable required procedures in Division 7.1 , Purpose, Applicability, and Common Review Procedures, the following shall apply to Vacating Plats. b. Purpose. The purpose of a Vacating Plat is to eliminate the subdivision of property reflected by a prior recorded plat, whereby the subdivided land would return to a single unit of property. c. Vacation of plat. A recorded plat may be vacated in accordance with Texas Local Government Code Section 212.013 . d. Review and decision. In determining whether to approve or deny a Vacating Plat, the review body shall consider the applicable common decision criteria in Section 39.07.006 , Common Decision Criteria. e. Utilities. The relocation, modification, or abandonment of any util...

a. Generally. In addition to the applicable required procedures in Division 7.1 , Purpose, Applicability, and Common Review Procedures, the following shall apply to Waivers. b. Purpose. Waiver of water, wastewater, or paving may be requested, subject to the requirements of this Section. The purpose of a Waiver of Improvements is to allow for an exemption to complying with the requirements of Section 39.04.005 , Street Network and Design, Section 39.04.012 , Public Water Systems, and Section 39.04.013 , Public Wastewater Systems, specifically as such Sections relate to extending new or improving existing water or wastewater lines or streets . A Waiver of Improvements request may only be considered concurrently with a Preliminary Plat . In the event a Preli...

a. Generally. In addition to the applicable required procedures in Division 7.1 , Purpose, Applicability, and Common Review Procedures, the following shall apply to Delays. b. Purpose. Delay of water, wastewater, or paving may be requested, subject to the requirements of this Section. The purpose of a Delay of Improvements is to allow the subdivider to postpone the installation of infrastructure required in Section 39.04.005 , Street Network and Design , Section 39.04.012 , Public Water Systems, and Section 39.04.013 , Public Wastewater Systems, specifically as such Sections relate to extending new or improving existing water or wastewater lines or streets . A Delay of Improvements request may only be considered concurrently with a Preliminary Plat . In t...

a. Generally. In addition to the applicable required procedures in Division 7.1 , Purpose, Applicability, and Common Review Procedures, the following shall apply to the Parallel Construction Alternative. b. Purpose. Parallel construction of water, wastewater, or paving may be requested, subject to the requirements of this Section. The purpose of a Parallel Construction Altenative is to allow more efficient construction of infrastructure installation required in Section 39.04.005 , Street Network and Design , Section 39.04.012 , Public Water Systems , and Section 39.04.013 , Public Wastewater Systems , specifically as such Sections relate to extending new or improving existing water or wastewater lines or streets . A Parallel Construction Alternative reque...

a. Purpose. The purpose of this Article is to provide nonconformity regulations. Nonconformities include nonconforming uses, buildings , structures , lots , site features , signs , and billboards . b. Applicability. This Article's regulations apply to all nonconformities . Uses, buildings or structures , lots , site features , signs , or billboards that were illegally established or constructed are not nonconformities and the provisions of this Article do not apply to them. c. Territorial changes. Whenever zoning district boundaries change to a different zoning district from annexation, these regulations apply to any existing nonconformity . ( Ordinance 2023-O0054 adopted 5/9/2023 )

a. Nonconforming use defined. 1. A "nonconforming use" is one that existed legally when the zoning restriction became effective and has continued to exist even though no longer in compliance with currently applicable restrictions. 2. Nonconforming due to amendment. On or after the effective date of this UDC , was lawfully operating according to this UDC 's provisions but which use, by UDC amendment, or other governmental action, then became an unpermitted use in the district in which the use is located. Also, territory annexed into the City may continue as provided pursuant to Chapter 43 of the Texas Local Government Code. b. Limitations on nonconforming uses. 1. Nonconforming uses. The lawful use of land existing as of the effective date of this UDC , or...

a. Nonconforming building or structure defined. A nonconforming structure means any existing building or structure erected or modified on or before the effective date of this UDC that complied with the regulations in effect at the time it was erected or modified but that does not comply with all the regulations applicable in this UDC . b. Limitations on nonconforming buildings or structures. 1. Continuance. Subject to this Section, any nonconforming building or structure may be occupied, operated, and maintained in a state of good repair. 2. Expansion. A nonconforming building or structure may be expanded, enlarged, or extended if the expansion, enlargement, or extension complies with all of the provisions of this UDC established for buildings and structu...

a. Nonconforming lot defined. A nonconforming lot means any existing lot created on or before the effective date of this UDC that complied with the regulations in effect at the time of creation but that does not comply with all the regulations applicable in this UDC . b. Continuance. The nonconforming lot may be used for any use allowed by the zoning district in which it is located, if: 1. Access to street . The lot has direct access to an existing improved public or private street or alley ; 2. Contiguous properties. The lot is in separate ownership from all adjacent and contiguous parcels, therefore preventing acquisition of the additional land area needed to comply with the standards that would normally apply to the creation of the lot (for example, mi...

a. Nonconforming site features defined. A nonconforming site feature means any existing site feature established on or after the effective date of this UDC that complied with the regulations in effect at the time of development but that does not comply with all the regulations applicable in this UDC . A site feature includes parking, loading, and stacking; landscaping and buffers; signs , including billboards ; outdoor lighting; or other site conditions or standards required by Article 39.03 , Building and Site Design, or Article 39.04 , Subdivision Standards. b. Generally. Except for provisions specifically related to signs and billboards below, the following shall apply to all nonconforming site features . 1. Continuance. Nonconforming site features may...

a. Applicability. The Zoning Board of Adjustment may, after public notice and hearing as required in Texas Local Government Code Chapter 211 , and subject to the conditions and safeguards in this Section, authorize the following: 1. The reconstruction, extension , or enlargement of a building occupied as a nonconforming use; or 2. The extension of a nonconforming use in a building upon a lot occupied as a nonconforming use. b. Decision criteria. In granting the expansion, the Board may provide conditions of approval that, in its opinion, will secure substantially the purpose and intent of this UDC as articulated in Section 39.01.002 , Purposes. ( Ordinance 2023-O0054 adopted 5/9/2023 )