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HomeMy WebLinkAboutORD 2012-18 - UDC Applications & PermitsORDINANCE NO. 2012-j An Ordinance of the City Council of the City of Georgetown, Texas, amending Chapter 3, "Applications and Permits", of the Unified Development Code, Passed and Adopted on the 11th Day of March 2003; Repealing Conflicting Ordinances and Resolutions; Including a Severability Clause; and Establishing an Effective Date. Whereas, the City Council adopted the Unified Development Code (UDC) on March 11, 2003; and Whereas, the City Council adopted Resolution 102808 -DD on October 28, 2008, establishing a new annual amendment process to the Unified Development Code that included a UDC Task Force group comprised of members of the public; and Whereas, the amendment process established has been followed as described; and Whereas, the City Council reviewed the list of proposed amendments at their regular meeting on October 11, 2011, and directed to staff to begin preparation of the draft language; and Whereas, the adopted Resolution established that some items on the proposed list of amendments would not be on the initial schedule for public hearing and consideration; and Whereas, the amendments contained in this ordinance are the first in a series of items the Task Force will consider and complete for deliberation by the Planning and Zoning Commission and City Council; and Whereas, the Task Force conducted numerous open meetings to consider the amendment items; and Whereas, Public Workshops were conducted on February 29, 2012 and March 1, 2012; and Whereas, the Planning and Zoning Commission conducted a Public Hearing on the draft amendments at their regular meeting of March 6, 2012, and recommended approval of the amendments to the City Council, with the following changes recommended: Ordinance Number: pyo 149 —12 Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page I of 3 C.,�-1 0f7Gcra"Ejr aG•:.' 0,4. mc. a Po"'; + 1 • Add a 30 -day notification of pending file closure to Section 3.02.060, Expiration of Application Now therefore, be it ordained by the City Council of the City of Georgetown, Texas that: Section 1. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the vision and policies of the Georgetown 2030 Comprehensive Plan as follows: Vision Statement 4: Effective Governance 4.1: Efficient, Responsive Government 4.1.A: Our City government retains its reputation for providing a high level of responsiveness to citizens and in exercising visionary leadership in planning and investing for the future. 4.1.B: We have created and enforced innovative, effective, and fair regulatory codes and development standards to guide growth and improve development duality. We have streamlined the regulatory process, particularly for desired development types and locations. Land Use Goals, Policies, and Actions: Goal 1: Promote sound, sustainable, and compact development patterns with balanced land uses, a variety of housing choices and well -integrated transportation, public facilities, and open space amenities. 1C: Establish standards appropriate for new residential development pertaining to lot sizes, open space, buffers, road connectivity, etc. 2A: Remove present inadvertent impediments to infill and re -investment in older, developed areas. 2D1: Ensure that public and private initiatives preserve and enhance historic resources. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other 2030 Comprehensive Plan Vision Statement or Goal, Policy, and Action. Section 2. Portions of the following chapters of the Unified Development Code are hereby amended as described in Exhibit A: Chapter 3, Applications and Permits. 4 Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 2 of 3 Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. If any provision of this Ordinance or the UDC, or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect on the date of final adoption by City Council.. PASSED AND APPROVED on First Reading on the 1311, day of March 2012. PASSED AND APPROVED on Second Reading on the 27th day of March 2012. ATTEST: 'j� ca Brettle y Secretary APPROVED AS TO FORM: Bridget Cha ma Acting City Attorney THE CITY OF GEORGETOWN: -L;�t 4� By: Ge rge Garver Mayor Ordinance Number: q_ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 3 of 3 Chapter 3 Applications and Permits Section 3.01 General 3.01.010 Purpose 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. 3.01.020 Applicability of Procedures The following Table shows which review procedures, applications and permits apply in the City and its extraterritorial jurisdiction. Table 3.01.020 Applicability of Procedures Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 1 of 82 U 3 City Limlts , I Extraterritorial Jurisdiction Prior to Subdivision, Platting and any Development Comprehensive Plan Amendment X X UDC Text Amendment X X Rezoning (Zoning Map Amendment) X Historic District Designation X Special Use Permit X Development Agreement X X Access Point Connection Exemption X X dFnl~'stFag• - cor Plats X X Preliminary Plat X X Construction Plans X X Final I Va i X X Plat Waiver Site Plan Review X X X Construction Plans X Zoning Verification Letter X Legal Lot Verification Letter X X Temporary Use Permit X Master Sign Plan X X Certificate of Design Compliance X Appeal of an Administrative Decision X X License to Encroach X X Variance X Administrative Exception X Special Exception X Stormwater Permit X X Driveway Permit X X Sign Permit X X Courthouse View Height Determination X Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 1 of 82 U 3 I:*:4"II:I19.1 3.01.030 Simultaneous Submission of Related Applications A. Submission of different applications related to the same development may be made simnitanemisly, althcmigh consideration of applications must remain in the following sequence: 1. Comprehensive Plan; 2. Zoning; 3. Subdivision and Plat; 4. Certificate of Design Compliance; then 5. Site Plan. B. Any application submitted simultaneously is subject to approval of all other related applications. Denial or disapproval of any concurrently submitted application shall stop consideration of any related applications. C. An applicant may withdraw any individual application from a group of simultaneously submitted applications. Section 3.02 Common Review Elements 3.02.010 Pre -application Conference Prior to the submission of an application required by this Code, a Pre -application Conference with the Director shall be required as follows. A. A Pre -application Conference is a meeting between a potential applicant under this Code and the Director of Planning and Development Department or a designated representative. The conference is an opportunity for an applicant to describe what application is being considered, and the Director to indicate which application is appropriate, which review body is responsible for final action, and what criteria will be used to determine whether the permit should be approved. B. There is no required format for a Pre -application Conference; it may occur in any form so long as the potential applicant receives the information described above. The applicant is responsible for completing a Pre -application Conference, and must sign a Pre -application Statement indicating the date of the Pre -application Meeting. C. A Pre -application Conference is required for the following applications: • Access Point Connection Exemption ■ Administrative Excevtion ■ Annexation (Voluntary) ■ Certificate of Design Compliance • Comprehensive Plan Amendment • Conservation Subdivision Site Analysis Map • Construction Plans Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 2 of 82 EXHIBff A ■ Courthouse View Height Determination • Development Agreement • Driveway Permit •Final Plat • Historic District Designation • License to Encroach ■ Master Sign Plan r Planned Unit Development • Plat Waiver Plat Vacation • Rezoning (Zoning Map Amendment) • Site Plan • Special Exception • Special Use Permit • Stormwater Permit • Subdivision Plats - All • Temporary Use Permit ■ Unified Development Code Text Amendment • Variance D. Pre -application Conferences may be combined when an applicant will be making simultaneous applications for the same project. E. Completion of a Pre -application Conference does not imply or assume subsequent approval of the permit or application. 3.02.020 Application Forms and Fees The following regulations shall apply to all applications under this Chapter. A. Forms Application forms, submittal requirements, instructions, and fee schedule are set forth in Exhibit A of this Code entitled "UDC Development Manual." B. Fees 1. Application fees shall be established and revised from time to time by the City Council. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 3 of 82 ti EXHIBITA 2. All required fees shall be made payable to "The City of Georgetown." 3. An applicant who has paid the appropriate fee with an application, but who chooses to withdraw such application prior to any notification of completeness, shall be entitled to a refund of 50% of the total amount paid upon written request to the City and approval by the Director. The application fee required for UDC Text or Zoning Map Amendments shall not be refundable. 4. An application shall only be accepted for review if the applicant, agent or property owner has no outstanding, undisputed fees owed to the City for the same property or other property under their control. 3.02.030 Application Deadline All applications shall be completed and submitted to the Director in accordance with a schedule established annually by the Director. An application shall not be considered as officially submitted, accepted, or filed until it has been determined to be complete as specified below. 3.02.040 Determination of Application Completeness A. The Director, or his designee, shall review each submitted aMlication to determine it the nvnininni items needed For proper review of such aRplication are present. Ar&. A determination of whether an application is complete shall be made by the Director no more than five working days after submittal of the application. &Q,,,If the application is determined not to be complete, the Director shall notify the applicant in writing. The notification shall attempt to list all missing or incomplete items and provide a specific period of time (no greater than five working days) for the applicant to resubmit the material. The applicant may request an additional meeting for explanation of the missing or incomplete items. If the application is not resubmitted within the period specified by the Director, the application shall be deemed rejected and shall not be accepted for filing. After an application has been rejected, a new application and fee shall be required. G.2,Any application that requires a Pre -application Conference may not be submitted for a determination of completeness until the Pre -application Conference has been held. OTFu, The determination of completeness shall take into account the following: 1. Consistency with the Comprehensive Plan; 2. Any required previous approvals; 3. Completed Pre -application Conference; and 4. Required submission materials and compliance with the UDC Development Manual and the City's Construction Specifications and Standards Manual. F. For the purposes of '212.009 of the Texas Local Government Lode an aRplication for subdivision .is considered Filed once it is determined by the Director to be accepted for consideration per Section 3.08.050. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 4 of 82 D[HIBff A $.Determination that an application is complete does not preclude any negative final action and does not include any implied determination that the application successfully meets any review criteria. F.ffjf the Director determines that any Plat or request for a Zoning Map Amendment (rezoning) is not consistent with the Comprehensive Plan, the application shall be determined to be incomplete, and shall not be filed. No further processing may occur until the subdivision plat or rezoning is consistent with the Comprehensive Plan. The City Council may approve amendments to the Comprehensive Plan in accordance with the procedure in Section 3.04. 3.02.050 Limit on Reapplication If any development permit or approval, any petition for a plan amendment or any petition for an amendment to this Unified Development 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 90 days (or 12 months for zoning change applications) from the date of final disapproval, except with permission of the Planning & Zoning Commission or City Council. Such reapplication must demonstrate: A. There is a substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application; or B. New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed; 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. MMU -i .Ka-.�r An accepted application for which there has been no action taken by an applicant for a period of 180 days or more from the date of the Iast action shall be determined to be dormant and p rocessed as withdrawn by the applicant, causing Elie file to be closed. The Director slialI notify titin applicant in writing 30 dais in advance of the periding,closure. The Director may consider extending the application if the applicant can show just cause for the delays or there is evidence of continued communication with staff. Ordinance Number: .7 ©l3k Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 5 of 82 Is EXHIBIT A Section 3.03 Public Nearing and Notice 3.03.010 Provision of Public Notice A. Summary of Notice Required Notice shall be required for application review as shown in the following Table. Table 3.03.010: Summary of Notice Requirements Requireti. be determiagd. Q!QyejQDjpgpt &qreeoignt Q-Qmmittee 1 B. Published Notice 1. A Public Notice shall be published at least once in a local newspaper of general circulation, as designated by the City Council, within the City prior to the meeting. The Notice shall contain the time and place of such Public Meeting or Hearing and a brief description of the agenda items that may be considered or reviewed. 2. A published notice shall be published at least 15 days in advance of the Public Meeting or Hearing. C. Mailed Notice 1. ener ii A Notice of Public Hearing shall be sent by U.S. mail to owners of record of real property within 200 feet of the boundary of the property under consideration, as determined by the most recent municipal tax roll information as may be obtained f*er-n the Willifflnrien County The notice may be served by its deposit in the municipality, properly ad res --e v..A+1, rr-e+-nrro r.,:.a ..� T T,+;+ -A C+o+oma mail at !ea --t 1 5.. ays r r to the Bi ate set for the ..........,.,........... t..,.,...b.. t ....... ........................., ................,. �......y., Yom:^...........,..,......... �..� ..... Public Hearing or as otherwise required by the Texas Local Government Code, as Amended. 2. Special Mailed Notice Required for Certain Reglats Reolats containing an area or lot that, dUl'i[IV the orecedine Five vears. was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot or in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot require mailed notice to all owners of lots that are part of the original subdivision and located within 200 feet of the boundary of the property to be Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 6 of 82 Published Mailed PostedProcedure Access Point Connection Exemption X X X Certificate of Design Compliance X Development Agreement )E* X* Historic District Designation X X X Replat without Vacating (§212.0145) X X Rezoning (Zoning Map Amendment) X X X Special Exception X X X Special Use Permit X X X X UDC Text Amendment Variance X X X Requireti. be determiagd. Q!QyejQDjpgpt &qreeoignt Q-Qmmittee 1 B. Published Notice 1. A Public Notice shall be published at least once in a local newspaper of general circulation, as designated by the City Council, within the City prior to the meeting. The Notice shall contain the time and place of such Public Meeting or Hearing and a brief description of the agenda items that may be considered or reviewed. 2. A published notice shall be published at least 15 days in advance of the Public Meeting or Hearing. C. Mailed Notice 1. ener ii A Notice of Public Hearing shall be sent by U.S. mail to owners of record of real property within 200 feet of the boundary of the property under consideration, as determined by the most recent municipal tax roll information as may be obtained f*er-n the Willifflnrien County The notice may be served by its deposit in the municipality, properly ad res --e v..A+1, rr-e+-nrro r.,:.a ..� T T,+;+ -A C+o+oma mail at !ea --t 1 5.. ays r r to the Bi ate set for the ..........,.,........... t..,.,...b.. t ....... ........................., ................,. �......y., Yom:^...........,..,......... �..� ..... Public Hearing or as otherwise required by the Texas Local Government Code, as Amended. 2. Special Mailed Notice Required for Certain Reglats Reolats containing an area or lot that, dUl'i[IV the orecedine Five vears. was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot or in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot require mailed notice to all owners of lots that are part of the original subdivision and located within 200 feet of the boundary of the property to be Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 6 of 82 U replatted, in the same manner as„prescribed in Section 3.03.010.C.1 above and in accordance with 212.015 of the Texas Local Government Code as 1111011CIOLL 3. Special Mailed Notice RNUIred for Special Exception for Setback Modification In addition to the requirements of Section 3.03.010.0.1 above, mailed notice shall also be provided to all owners of property within the subject block in which the property under consideration for Special Exception for Setback Modification is located. 4. Special Mailed Notice Required far PUD Modification a. For purposes of mailed notice, the boundary of a IIUD Modification shall be the boundary of any tract of land for which PUD standards or requirements arep_ro_posed to change due to the modification. b. 1n addition to the requirements of Paragraph 1 above, mailed notice shall also be provided all owners of proverty within the entire 13UD boundarv. not otherwise notified. D. Posted Notice 1. Notice shall be posted in a format approved by the Director on the subject property, along rights-of-way contiguous to the proposed development according to the following standards: a. One sign for tracts of less than 300 feet of right-of-way frontage; b. One sign at each interval of 1,000 feet; and c. The total number of signs shall not be required to exceed a total of four signs per right-of- way. 2. Notice of application for a Certificate of Design Compliance shall be posted at the project site such that it is visible from the public right-of-way, including contact information and meeting date. For Certificates of Design Compliance processed administratively, the notice shall provide contact information and the expected date of decision. 3. The applicant shall be responsible for posting and maintaining the sign on a format approved by the Director, and for removing the sign within five days following the Public Hearing on the application. 4. Posted notice shall be posted not less than 15 days prior to the scheduled Public Hearing. E. Content of Notice Published or mailed notices shall contain at least the following specific information: 1. The general location of land that is the subject of the application, including a location map with the mailed notice only; 2. The legal description or street address; 3. The substance of the application, including the type of proposed development and the current Zoning District; 4. The time, date, and location of the Public Hearing; S. A phone number to contact the City; and 6. A statement that interested parties may appear at the Public Hearing. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 7 of 82 4 I:*:4�,II:IIF.. F. Constructive Notice Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. 3.03.020 Required Public Hearing The following Table identifies the types of applications requiring a Public Hearing and the review body responsible for conducting the Hearing. Table 3.03.020: Summary of Required Public Hearing of Application Access Point Connection Exemption HARC Board ZoningType of Adjustment Planning & Zoning City Council X Appeal of Admin. Decision X Certificate of Design Compliance X Comprehensive Plan Amendment X X Development Agreement X* X Historic District Designation X X X Replat (Resubdivision) X X Rezoning (Zoning Map Amendment) X X Special Exception X Special Use Permit X X UDC Text Amendment X X Variance X X = Public Hearing ig Required * = Public Hearing to be determined by Development Agreement Committee per Section 3.20 3.03.030 Conduct of Public Hearings A. Modification of Application at Public Hearing 1. The applicant may agree to modify the application, including the plans and specifications submitted, in response to questions or comments by persons appearing at the Public Hearing or to suggestions or recommendations by the recommending or decision -mak ng *eyiew-body holding the Public Hearing. 2. Unless such modifications are so substantial that the recommending or decision-making w body cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials before it, the recommending or decision-making body may approve or recommend approval of the application with the condition stip;i1atia,-that the 19^ •mit ^r fir^' approval or recomnit ndalion of aasrnyal will not be applicable isst4ed-until materials reflecting the agreed upon changes are submitted to the Director. No application may proceed until the revisions have been made. 3. Where deemed appropriate by the af€eeted decision-making body, modifications to an application may be referred back to the recommending body for reconsideration r, prior Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 8 of 82 EXHIBR A to further action by the decision-making body--eencider-ion. mein deem io" m„1-;,-.. bo d ;sh a1.1 d Me and time iii ac-cordanee wi belew,! er , abeam 4. Modification of an application that causes the consideration of that application to be substantially different than that which was provided in the public notice shall require a new Public Hearing by the recommending and decision-makin bodies with new notice in accordance with Section 3.03.010. Such modifications shall include, but not be limited to, a change to a zoning district that was not otherwise included in the public_noticc and incre'I ng the acreage of the area under consideration. Decreasing the acreage of the area under consideration shall not cause the application to require a new Public Hearing. r ........... i_+.�l�liliT'ZTSJ_ QL Evidence All findings and conclusions necessary to the permit or decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a Court of Law) shall be preferred whenever reasonably available, but in no case may 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. GwQ_Record 1. An audio tape recording and/or written minutes shall be made of all required Public Hearings and such audio recordings shall be kept for two years. 2. All documentary evidence presented at a Hearing as well as all other types of physical evidence shall be made a part of the record and shall be kept by the City for two years. 3.03.040 Postponement of Application A. Postponement of Public Hearing after Public Notice The applicant shall be required to pay For all re -notice fees for a scheduled and noticed Public Hearing that is postponed at the request of the applicant. B. Eg ponementof Application after Recommenda#i� For aDolications where a recommendation is required by the Plannine and Zonine Commission, an applicant may request the City Cott ncil Public Hearing to be postponed to the next regular meeting following the date of the scheduled City Council Public Hearing. The Director may approve, for good cause shown, a postponement of up to 30 clays from the date of the scheduled City Council Public Hearintr. Public Notice of the new Public Hearine shall be required in accordance with Section 3.03.010. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 9 of 82 3.03.040=Administrative Review Process Administrative reviews occur when the Director or another City employee is responsible for final action on any application. A. Applicability An Administrative Review shall be required for any permit or application that requires final action from an administrative official, as described in Table 2.01.020. B. Review Process Administrative Reviews shall occur within the standard review periods established by the Director. The Director or other authority responsible for final action may establish procedures necessary to ensure compliance with this Code and state statute. 1. Initiation Initiation of an Administrative Review may be made upon: a. Recommendation of the Director; b. Recommendation of other administrative official responsible for final action on the permit being initiated; or c. Submission of a complete application by the property owner or their authorized agent. 2. Application Application must be made in a format consistent with Section 3.02.020. 3. Completeness Determination Upon submission of an application for any administrative review, the Director shall determine whether the application is complete, as described in this Code. 4. Staff Review Once an application is determined complete, the Director or Final Action Authority shall review the application, considering any applicable criteria for approval. The Director or Final Action Authority may assign staff to review the application and make a report to the Director or Final Action Authority. C. Administrative Final Action Upon completion of the administrative review, the Director or other responsible Final Action Authority shall make a final determination and notify the applicant in writing. The Director or other Final Action Authority may take one of the following final actions: 1. Approve the application. I Annrn—a +ba nnnlinafinn �AIi+n Ti h mnA;f;0+;— +11.1- 4-l1n ;-4——;"Aol --- - ;1 1Pol A4 -k — Aaa- - a- - --rr--- • -� ---- rr___�__ __, .. _-__ __-�_____ __ _. --- I— .___-�_�_ _ _ ___.._ _ _ --�-_-_ necessary to meet any criteria for approval. An approval with modifications shall be considered agreed to by the applicant unless the applicant appeals the final action. 3. Disapprove the application. Such disapproval must include specific reasons for disapproval. If the Director determines that an Administrative Plat should be disapproved, the Director must forward the application to the Planning & Zoning Commission for final action. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 10 of 82 A EXHIEK A 4. Prior to making a final decision, the Director or other Final Action Authority may hold a meeting with the applicant to discuss and attempt to resolve any issues that become evident during administrative review. D. Criteria for Approval — Generally 1. An application shall be approved administratively when all of the following criteria are met: a. A complete application and fee have been submitted. b. The application and content of the application are consistent with the provisions of this Unified Development Code, the Comprehensive Plan, and any other applicable City regulations. c. The application and content of the application are consistent with any Administrative Rules established by the Director, and any prior written interpretations of this Code. 2. Additional criteria for approval that apply to specific administrative procedures may be provided in the specific descriptions of those procedures in Chapter 3. An administrative procedure that does not have specific criteria for approval shall be considered using the general criteria provided above. E. Appeals 1. If an aggrieved person is appealing a final action that was disapproved, only the basis for disapproval may be appealed. 2. Because the Director may not disapprove an Administrative Plat, any final action taken by the Director on an Administrative Plat Review may not be appealed. If the Director is unable to approve an Administrative Plat, the Planning & Zoning Commission will take final action. 3. A person may not appeal a denial for the purpose of continuance, an extension agreed to by the applicant and the Director or a determination that an application is not complete. Section 3.04 Comprehensive Plan Amendment 3.04.010 Applicability A. For the purpose of establishing and maintaining sound stable and desirable develo men# consistent with the goals and Rolicies of the Comi2rehensive Plan amendments to the Pian ma be considered. Pian amendments are eriodic substantive Chan es that are necessary to accommodate changed or unforeseen circumstances in a manner consistent with the public interest and in accordance with the procedures established in the Plan and in this Section. The provisions of the Section are adopted peu:sLiant to Texas Local Governmetlt Code Chapter 213 and the Cit,X Charter. B. Plan amendments will not be made more than once per calendar year, except for the rare circumstance where the City Council feels it necessary to snake a change with a super -majority vote. Applications may be made at any time of year. Ordinance Number: ►7Q Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 11 of 82 X WMIS 1' A C. Amendments initiated by a property owner or their authorized agent maybe considered only for amendments to the Future Land Use Plan Map or Overall Transportation Plan Map, 3.04.020 Review Process A. Initiation Initiation of an amendment may be made upon: 1 Application of a property owner or their authorized agent: 2_Recommendation of the City_ Council; 3. Recommendation of the Planning & Zoning Commission, or 4. Recommendation of the Director. B. Apnlication and Qmnleteness Determination The Director is res onsible for checking that a coinl2lete app] ica tion has been submitted with all material necessary for the City Council to render an informed decision. C. Staff Review The Director shall review the avolication, considerinst anv aor)licable criteria for aooroval and prepare a relLort to the Planning & 7oning, Commission and City Council. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the alplication and make a report h5 the Director. 4. The Director's report may include a recommendation for final action. D. Planninu & Zoning Commission Review Following notice in accordance with Section 3.01 the Commission shall Bold a Public Hearing in accordance with its rules and state law and make a recommendation to [ he City Council. E. City Council Final Action -rhe City Council shall hold a Public Hearing and may take final action on the proposed amendment. 2. The amendment shall become effective when a1212 roved by a super -majority vote of the City Council and in accordance with the CiIy Charter. 3.84.030 Approval Criteria (Comprehensive Plan Amendment) A. The Citv Council shall consider the followinsz anDroval criteria in an analvsis of immediate needs and consideration of the ion -terms effects. The application is complete and the information contained within thea lication is sufficient and correct enough to allow adequate review And final action: and 2. The amendment promotes the health, safety or general welfare of the City and the safe orderly, and_ healthful dev_eloyment of the City. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 12 of 82 EXHISK A B. In considering amendments to the Pian. the Citv should be guided by the following: L The need for the proposed change 2. The effect of the proposed change on the need for City services and Facilities; 3s The compatibility of the proposed change with the existing uses and development patterns of nearby proper!y and with the character of the neighborhood; and 4. The implications, if any, that the amendment may have for other parts of the flan. Section 3.05 Unified Development Code Text Amendment 3.05.010 Applicability Amendments to this Unified Development Code may be made c„A-m +;.r„ toFA�e in order to establish and maintain sound, stable, and desirable development within the jurisdiction of the City, to correct errors in the text or because of changed or changing conditions in in the City may. All text amendments shall be consistent with the Comprehensive Plan. .02Annual YDC Review and Amendment The requirements of this UDC shall be reviewed on a yearly basis in the manner set out in Resolution 102808 -DD, as amended, except as provided for below within this subsection. The Director, with inptit from an ad hoc public task force, hall annually develop a llistofof proposed UDC text amendments. 'Phis list shall receive a recommendation by the Planning and Zoning Commission and final approval by the. C i ty Council. Review of the 12 rolLosed amendments on the Iist shall follow the process outlined iii Section 3.05.040 below. 3.05.Q Initiation of Text Amendment A Wtaat+en Dation -of aA text amendment to this UDC, outside of that which is included as part of the annual review, may be made upeA�initiated in one of the following ways: A. Direction of the City Council,* The City Council may initiate a UDC Text amendment in one of two ways as follows: 1 City Council, by majority vote, may direct initiation of a UDC text amendment review. Such review shall follow the process outlined in Section 3.05.040 below. 2. City Council, by a super majority vote, may initiate an emergency UDC text amendment. Such amendment shall be forwarded to the task force within 30 days of City Council action and to the Public Workshops within 60 days of City Council action. Z.jL.-Recommendation of the Planning & Zoning Commission; of The Planning and Zoning Commission, by majority vote, may direct initiation of a UDC text amendment review. Stich review shall follow the process outlined in Section 3.05.040 below. 3.C. Recommendation of the Director The Director may make recommendation to the City Council for the initiation of a UDC text amendment review. Stich review shall follow the process outlined in Section 3.05.040 below. Ordinance Number: 0010-19 Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 13 of 82 9 F:�*:(; n -ft. I D. Application by a Citizen or ProRgfy Owner A citizen or property_awner may make a application for a UDC text amendment. The applicant.shall provide staff with draft text of their proposed UDC amendment along with all other information as required for submission per the UDC Development Manual. Review of such proposal shall follow the process outlined in Section 3.05.040 below and shall be presented to the task force for initial comment within 30 days of submission. 3.05.040 Review and AR_RrQval Process A. Task Force 1. An ad hoc public task force, as defined in Resolution 102808 -DDR shall work with the Director in the development and review of amended provisions of the UDC. 2. _nie task force shall review any applications made by a citizen or property owner and make recommendation to the 12roposed text amendments. .3. Recommended amendment language shall be forwarded from the task force to the Planning and Zoning Commission for consideration. 4. Where the task force is not unanimous, and conflicting laigine is supported by at least three participan18,_iIzcluding staff, each prol2osal shall move forward for Vlanniny- and Zoning Commission consideration. 6.IL-Staff Review L The Director, working with the task force, shall prepare final draft language to be forwarded to the Planning and Zoning Commission for consideration, inciciciiJig each proposed version of the text. 4.2,,.._The Director shall , prepare a report to the Planning & Zoning Commission and City Council outlining the proposed changes. 4d. The Director's report may include a recommendation for final action. C. Public Review Prior to PlanElin and Zonin Commission review two Public Workshops shall be held on the proposed language. B.D. Planning & Zoning Commission Review Following notice in accordance with Section 3.03, the Commission shall hold a Public Hearing, in accordance with its rules and state law, and make a recommendation to the City Council. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 14 of 82 6.1L._City Council Final Action 1. The City Council shall hold a Public Hearing in accordance with its rules and state law and may take final action on the proposed amendment. 2. The amendment shall become effective in the manner provided by the City Charter or State Law. 3.05.030050 Approval Criteria In determining whether to approve, approve with modifications or disapprove a proposed amendment, the City Council shall consider the following matters: A. The proposed amendment promotes the health, safety or general welfare of the City and the safe, orderly, and healthful development of the City. B. The proposed amendment is consistent with the Comprehensive Plan. Section 3.06 Zoning Map Amendment — Rezoning 3.06.010 Applicability For the purpose of establishing and maintaining sound, stable, and desirable development within the territorial 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 extend the boundary of an existing Zoning District. All amendments must be consistent with the Comprehensive Plan. The provisions of the Section related to rezoning are adopted pursuant to Texas Local Government Code Chapter 211 and the City Charter. 3.06.020 Review Process A. Initiation Initiation of a map amendment may be made upon: 1. Application of a property owner or their designated agent; 2. Recommendation of the City Council; 3. Recommendation of the Planning & Zoning Commission; or 4. Recommendation of the Director. B. Application and Completeness Determination The Director is responsible for checking that a complete application has been submitted with all material necessary for the City Council to render an informed decision. C. Staff Review 1. The Director shall review the application, considering any applicable criteria for approval and prepare a report to the Planning & Zoning Commission and City Council. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application and make a report to the Director. Ordinance Number: - I Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 15 of 82 U �O 4. The Director's report may include a recommendation for final action. D. Planning & Zoning Commission Review Following notice in accordance with Section 3.03, the Commission shall hold a Public Hearing in accordance with its rules and state law and make a recommendation to the City Council. E. City Council Final Action 1. The City Council shall hold a Public Hearing and may take final action on the proposed amendment. 2. The amendment shall become effective when approved by the City Council and in accordance with the City Charter. If a proposed amendment has been recommended for disapproval by the Planning & Zoning Commission, the amendment may not become effective except by a three-fourths vote of all members of the City Council. 3.06.030 Approval Criteria (Rezoning) The City Council shall consider the following approval criteria for zoning changes: A. The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; B. The zoning change is consistent with the Comprehensive Plan; C. The zoning change promotes the health, safety or general welfare of the City and the safe orderly, and healthful development of the City; D. The zoning change is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood; and E. The property to be rezoned is suitable for uses permitted by the District that would be applied by the proposed amendment. 3.06.040 Approval Criteria (Planned Unit Development) In addition to the zoning change criteria above, the City Council shall consider the following specific objectives and criteria for approving the PUD. A. Specific Objectives Rezoning to and development under the PUD District will be permitted only in accordance with the following specific objectives: 1. A variety of housing types, employment opportunities, or commercial services to achieve a balanced community; 2. An orderly and creative arrangement of all land uses with respect to each other and to the entire community; 3. A planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic, to include facilities such as roadways, bicycle ways, and pedestrian walkways; 4. The provisions of cultural or recreational facilities for all segments of the community; Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 16 of 82 F.1 EXHIER A S. The location of general building envelopes to take maximum advantage of the natural and manmade environment; and 6. The staging of development in a manner which can be accommodated by the timely provision of public utilities, facilities, and services. 3.06.050 Approval Criteria (Historic District Designation) A. In addition to the approval criteria for zoning changes above, the City Council shall consider the following: 1. Character, interest, or value of the structure, site or area because of its unique role in the development, heritage or cultural characteristics of the City of Georgetown, State of Texas or nation; 2. Occurrence of a notable historical event at the structure, site, or area; 3. Identification of the structure, site, or area with a person or persons who contributed notably to the culture and development of the city, state, nation, or society; 4. Embodiment in multiple buildings in a structure or site under consideration of distinctive elements of architectural design, detail material, or craftsmanship related to a uniqueness to the area or the related distinctiveness of a craftsman, master builder or architect or a style or innovation; S. Archaeological value in the sense that the structure, site, or area has produced or can be expected to yield, based on physical evidence, information affecting knowledge of history or prehistory; and 6. Other unique historical value. B. Required Findings In recommending the application of an historic overlay designation to an area of the City, the Historic and Architectural Review Commission shall recommend express findings to the City Council regarding the specific structures, landscapes, or other physical aspects of the District on which it bases the determination required by the criteria above. C. Where the designation is made based on the general character of the District or landmark, these findings may include, but shall not necessarily be limited to: 1. Scale of buildings and structures typical of the area; 2. Architectural style; 3. Architectural period; 4. Building materials typical of the area; S. Colors used in buildings typical of the area; 6. Signage and street furniture typical of the area; 7. Landscapes typical of the area; S. Typical relationships of buildings to the landscapes in the area; Ordinance Number: P 01 a — Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 17 of 82 F-1 9. Typical relationships of buildings in the area to the street; 10.Setbacks and other physical patterns of building in the area; 11.Typical patterns of rooflines of buildings in the area; and 12.Typical patterns of porch and entrance treatments of buildings in the area. D. Where the designation is made based on the character of a limited number of specific buildings in the area, the findings may include, but shall not necessarily be limited to: 1. Architectural style of the buildings; 2. Architectural period of the buildings; 3. Textures and colors of materials used in the buildings; 4. Shapes of the buildings; 5. Rooflines of the buildings; 6. Porch and entrance treatments of the buildings; 7. Height and mass of the buildings; and 8. Relative proportions of the buildings (width to height, width to depth). 3.06.060 Interim Control during Historic District Consideration No Building Permit may be issued by the City for alteration, construction, demolition or removal of any property or structure within an area proposed for designation to the Historic District from the date the application for Historic District designation is deemed complete until its final disposition by the City Council unless such alterations, removal or demolition is authorized by formal action of the Building Standards Board as necessary for preservation of the public health, welfare or safety as provided for Dangerous Buildings in Chapter 15 of the City Code of Ordinances. In no event will the delay be for more than 120 days. Section 3.07 Special Use Permit 3.07.010 Applicability Special Use Permits allow for 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. Special Use Permits may be issued only for uses that are generally compatible with other uses permitted in a Zoning District, but that require individual review of their location, design, intensity, etc. These uses and the Districts where they may be located are listed in Chapter 5. These uses may be located in Districts as indicated with conditions described in a Special Use Permit recommended by the Planning & Zoning Commission and approved by the City Council. No such use shall commence without prior approval of a Special Use Permit. A Special Use Permit includes a conceptual site layout athat, after approval, serves as the conceptual site layout necessary for the basis of the final Site Plan, which, if necessary, shall be required prior to obtaining any additional permits. An approved Special Use Permit is maintained with the ra ert and not the property owner renter or lessee and shell be valid per the terms of Section 3.07.050. The provisions of this Section related to Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 -; 1 , -} Page 18 of 82 A Special Use Permits are adopted pursuant to Texas Local Government Code Chapter 211 and the City Charter. 3.07.020 Review Process A. Initiation Initiation of a Special Use Permit may be made upon application of a property owner or their designated agent following the established application processes and requirements in Cha ter 3. B. Application and Completeness Determination The Director is responsible for checking that a complete application has been submitted, with all material necessary for the City Council to render an informed decision. C. Staff Review 1. The Director shall review the application, considering any applicable criteria for approval and prepare a report to the Planning & Zoning Commission and City Council. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application and make a report to the Director. 4. The Director's report may include a recommendation for final action. D. Planning & Zoning Commission Review Following notice in accordance with Section 3.03, the Commission shall hold a Public Hearing in accordance with its rules and state law and make a recommendation to the City Council. E. City Council Final Action 1. The City Council shall hold a Public Hearing, in accordance with its rules and state law, and may take final action on the proposed Special Use Permit. 2. The Special Use Permit and any subject conditions shall become effective upon approval by the City Council and in accordance with the City Charter. 3.07.030 Approval Criteria A. A conceptual site layout 8e-"�rfor the Special Use Permit must be approved by the City Council in order to approve issuance of a Special Use Permit. B. The conceptual site layout must be reviewed by the Director for compliance with this Code, in accordance with the review criteria in Sections 3.03.0401) and include, at a minimum, the following existing and proposed features: driveways, parking areas, entrance(s), trees, landscaping, buffering, screening, fences, buildings and other structures, outdoor refuse containers, easements, sidewalks, street(s) names and locations, lighting, signs, floodplain limit (general), preliminary plan for utilities, concept drainage, and site and building dimensions. C. In addition to the criteria for zoning changes in Section 3.06.030, the City Council may approve an application for a Special 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 ivay-shall consider the following criteria in its review: Ordinance Number: _ 001a-19 Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 19 of 82 U 1. The proposed special use is not detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants. 2. The proposed conceptual site layout, circulation plan, and design are harmonious with the character of the surrounding area. 3. The proposed use does not negatively impact existing uses in the area and in the City through impacts on public infrastructure such as roads, parking facilities, and water and sewer systems, and 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. 4. The proposed use does not negatively impact existing uses in the area and in the City through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard or other injurious or noxious impact. 3.07.040 Changes to Submitted -Conceptual Site LaYo1jJ&te-Waw An application submitted to inodify-an approved conceptual site laxou6ile-14an that was filed as part of a Special Use Permit shall cause the Special Use Permit to be reviewed under paragraphs A and B below. Modified conceptual site layouts must be resubmitted to the Director for consideration. A. The Director may determine that the modification to the conceptual site layout does not change the basis for Special Use Permit approval and issue an approval of the modified Special Use Permit. B. If the Director determines that the modifications to the conceptual site layout change the basis for the initial Special Use Permit approval, the modified permit shall follow the normal review process for a Special Use Permit. 3.07.050 Expiration A Special Use Permit shall expire 42-24 months from the date of Council approval, unless: A. A Site Plan app[icatiort, if necessary, has been submitted. A,] L-A coml4ee-Building Permit application has been submitted -App Loved or, if no Building Permit is required, a Certificate of Occupancy has been issued. Brfujn the 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 --approved within 42-24 months from the date conceptual site layout approval is granted. Each subsequent application must be submitted within 42-23 months from the date of issuance of a Certificate of Occupancy ore uivalent by the Building Official for the previous phase of the development. Gr2,.A lapse of a period greater than the periods set forth above causes the related approvals or permits to expire and be of no further force and effect. The Director has the authority to consider a 6 month extension of the above deadlines based on extenuating circumstances. Any further action shall require a new application and approval. E. The Council'sapproval of the Special Use Permitspecified an expiration date. Ordinance Number: ! Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 20 of 82 EXHIBIT A 3.07.060 Discontinuation A Special Use Permit shall expire 12 months following the discontinuation of the use for which the Special Use Permit was approved. Section 3.08 Subdivision of Land 3.08.010 Plat Required A. Pursuant to the authority granted in Texas Local Government Code Chapter 212 and the City Charter, prior to the subdivision, resubdivision or development of any land within the City or its extraterritorial jurisdiction, all plats and construction plans for public improvements must first be approved in accordance with these regulations. B. The owner of a tract of land located within the City limits or the extraterritorial jurisdiction who divides the tract in two or more parts to layout a subdivision of the tract, �•^�• '�„•y �„ ����^� �� the C4y, to lay akitsiubuFban, building ef other- lets or to layout streets, , parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, parks, or other parts must have a plat of the subdivision prepared. C. A division of a tract under this Section includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract for sale or other executory contract to convey or by using any other method. D. No Building Permit -est Certificate of Occupancy, or utility services may be issued for any parcel or tract of land ant+l unless such property is in conformity with the provisions of this , the at has been rveef ded and pobhe ii mpr-eyemen ts have been ode. E. The division of any lot or any parcel of land by the use of metes and bounds description for the purpose of development is prohibited. 3.08.020 Exemptions from Required Plat Some removed, others reworded/reorganized The following mfkapa situations shall not require review by the City under the following subdivision provisions. However, Williamson County may still require subdivision approval under its regulations for subdivisions located in the City's ETJ. A. Land constitu ti ng a single tractlot site or arcel f r which a legal deed of record describin llie boundary of said tract, lots site or parcel was filed of record in the deed records of Williamson County,Texasor before May 7.{],`1977;” 4i -r ,..nd .def otois Seel:.. doer, t .at S.. ..—fflnef land �FiW parts greater- than five aefer,, where eaeh part has publie stfeet ac-c-ess and B. A division of land into parts greater than Five acres, where each part has public street access and no public improvement is being ded icatediCenstru etion of ^.-,-:t.:ons ra r a!ierta lens k^ , ist;�g Ordinance Number: (901Q-13 Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 21 of 82 !3 {�:��ll=3rirr�l C. A division of land created by order of a court of competent jurisdiction. including the probate of an estateprovided however, that prior to construction of improvements, a 121at meeting the regtiirements of this Chapter shall be approved,and �recorded prior to the issuance of ern mits; &D. Construction of additions or alterations to an existing building where no public utility extension or 12LIbliC iml2rovement, drainage, street arkin increase or street access than e is required to meet the standards of this Code for such building addition or alterations FvE. Operation of existini,,-C-exieter-ies-cemeteries complying with all state and local laws and regulations -Land 66F. Acquisition of land by the City, County, or State for a governmental purpose, Sing ie tFaC%, 10t-, Sit@ OF PaWel f9F whieh a legal deed of feeeFd deseribing t4e boundary of said trael� ," 3,08.030 Certification Regarding Compliance with Plat Requirements Certification regarding a tract's comp fiance with the 121atting re uiremerits of this Chapter may be requested as outlined in Section 3.1o.02U, go on, IMoffunu - The following tabic summarizes types of plats required by this Codc as well as their corresponding process. Wheii a proposed division is subject to inure than one description within a plat tyke, the +pore restrictive process is applicable. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 22 of 82 1:*:4'J1.1rF.1 Table 3.08,030 Plat Summanr Preliminary Required when the, extension of public No P&Z 24 months_ from infrastructure, including public ut#lii s _aporovaldate unless Final Plat recorded within, and_roa.dM5._is Mui red or.- mops d that time. Phased Preliminary Plats expire 24 months from date last Final Plat recorded. Preliminary Plat that includes exlstinn See Replat P&Z Plat platted property Amendment t4 approved Preliminary No P&Z Maintains expiration dato original Preliminary Plat being amended Plat 4 a Final Plat Final Plat of approved Preliminary Plat No Director Must be recorded within 24 Plat i ) more than 4 lots, but with ng No P&Z required or 12mppmd_ public infrastructure Combined Prellm1nary and Final Plat is No - P&Z avail4le when plat that could kualify as Minor Plat_reguirestand_or utility, dedication months fro date Final Plat that Vropg5e5qualified Deviations from the approved No Director -m -approval Preliminary Plat Final Plat tha# proposesquallFied Mir No P&Z Deviations from the approved prglifflinaly Plat Final Plat processed concurrently with No No P&Z Plat O w Minor Plat Plat involving 4 or fewer lots that does No — Director Must be recorded within 24 months from approval daad te not reouire or Rrop!25e public infrastructure or land or utility de I a Minor Plat processed concurrently with No P&Z Plat Waiver Re la A resubdivision of all of mart of an Yes P&Z Must be recorded within 24 months from approval date existing plat. Involving more than 4 lots 6 resubdivision of all or part of an No Director existing plat. involving 4 lots or less— �1 Re,plat inDiving property that is or Yes P&Z has been subject to single or two-family restrictions or zoning within last 5 years A Replat that Is processed concurrently No P&Z with a Plat Waiver Amend Plat_meeting the standard Qualifications No Director Must be recorded within 24 of Amended Plat (i.e. corrections to PIS months from approval date previous plat, moving lot line. etc.] Ordinance Number: bbl d—I r Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 23 of 82 14 U 3-08-030M Submission Requirements The applicant shall submit all of the information required in the UDC Development Manual as specified on the corresponding vlataRplication checklist. The file eapy of Pr-elifniHary and Finai Plats shall be system. A plat is not considered filed for the purposes of §212.009 of the Texas Local Government Code until the Director determines that the application meets all ap plicable re tiirements of this UDC and is accepted for consideration and acknowledges such by notifying the Uplicant of such acceptance andeither placing the plat an the next available Planning and Zoning Commission a enda for their consideration or, in the case of administratively approved plats, proceeding to final action's 3.02-949. The final copy of Preliminary and Recording Plats shall be prepared and submitted in conformance w i tl i the UDC Development NlwtuA.4inal Plat is recorded foi- an approved 3.08.060 Staff Review Existing language, combined into one location A. The Director may establish procedures for administrative review of plata lications necessary to ensure compliance with this_Code and state statute. B. The Director may assign staff to review the Mat application and make a report to the Director. C. Once the Director determines the application is accepted for consideration the Director shall prepare a report to the Planning and Zoning Commission if applicable- The Director's report may include a recommendation for final action. 3798.946 Aa....inistpaN- we i Sc _u: --- .. and Amn.. ins Plats Moved r ....... ... ■ r Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 24 of 82 EXHIBITA 41 31�tf1 {he-i�t1�ion e4 rer�wit�►i�r tl�r }��afi� ic> l ►s t fi 1�c 6*0 f fie+c^rrtenvu.-cr,v"W u"'csc-c'q= ,d--r,r,ti ��Tcc+-zc--m-rr H5i5 _ • srsidewal4s, lr r and pUblie •r,r, .a IRI sir_ .-1.- 4-. L_;,.,,, .. Lr. 4 L and E�3'[•t'�i.:isc[�n-rr—:-E'il-�]�r,-•-rV-il�H '.i'�'�'-i'H� ---�--------n '----i"��--c^^-'�-'�'- "'ewa4opwd by le�-�c+��+• �� •1-+..;..., I r�r` 4 ^l h.r>l�zs-biz �i i _ �. _. rgo lit �. tile L�i3,ii•_ it FirA�. F 00 t �_-.-RA2 rri3•., il..- health, -.fete al "neral -,i ..+acs � —e-44 "lYfY4 'ii�l (if fir id %I v . -F 4.t.+t til- he �-�',�Ve Yfi't ii�t���car-�i�•1•-��'�e�'���-t•�•��tr3�1+~�t��'a j�-Fe-���1�'� 6"-'ki-r'-rYrirxrn-Flats " 'F - Pk— rr-rry-�i-vX.�-ilr7i iit"Yi�['E�--r1'FrEF-C�E}�38�#FE►F7"C � fGorcmde*' 4k)a", c'ewd i ng to to thei `,''. �iiiv. . ci..4 .:I...I :. C.,.+.1.�.... `t 22 o t 1.1.:.. Gode. -�-j"-ir ..i . - .. �...1 ..,4:...,oil A.- m sera Hite ...�. -U 'Pile P: Feetr..._may, 1:....... any .,c.r,._,: _ r, L-0.. Fr...p rese., t. 01 k. 1A R_ F.,. fcE�k?i�l; _ A4m4i+:r 1Fr+:,,e 7�]-liz_+r any fiElal a R-ta4eewby the 1`",�+- nrn--r- 'y1 li —is - 4i"•, 1:�1at E7.....,,.. � 'C "l Rc '►T--[!tt"�'ll'.CC [CI. . P 'LI]�"f7"L;,_ ••}� sl,. . I31 ..4 FI.,.. VI 34144i0g r e,1je r . ..F - 7 ` the s ti 194.%,J..l P ..1,.,11 deliver. F. th 0 G -W a one yea" mice g ... d I::....F Mat fOl' the. PWFPOSeS Of F .•r iAg. fF-hE mc-vtreeccrs t�dLr- trhGewH-�-{ i L'El] Ff F1i Ordinance Number: 001 a -r i Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 25 of 82 :3 3.08.060M Preliminary Plats=,ems A. Applicability 1, Approval of aof a Preliminary flat, showing the proposed laygyt of the subdivision, app FOVal-shall be required before approval ofof any division of land or platting activity that dA -as .,At w.,3,4 4u(a H^•I ^r -•-• A A'^ n_ }Fa • - P' arc uires o rc� oses the extensio»n of ublir infrastructrire including,but 1eot limited to ublic utilities and roadways. Moved to final plats eflier-w-se meet die. definition ef-api -Nd-fnimistr-afive Plat-, may be pr-eeessed as a eambined ■ r ice..,.« Z. Any Preliminary flat that includes the Further stibdivision of all or part of a recorded plat that has not otherwise been vacated._rnList also Follow tlie. precedures set forth for Rep] ats as outlined in Section 3.08.070.D. B. Unlawful to Record Preliminary Plat It shall be unlawful to cause to be r ea .Elea, any Preliminary Plat of land within the City limits or extraterritorial jurisdiction of Georgetown, to be recorded with the County Clerk gxcetat as otherwise established for a_Combined Preliminary and Final Flat. iif��•1 � .:7ir7iSiiiiY� Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 26 of 82 A U -Wff , iiaQ P4 ' 11'4-Q. Approval Criteria 1. The Preliminary Plat shall not be considered for final action until the Director has determined the ion Preliminary Plat is acceptable for consideration, meaning; the application is complete and the information contained within the application is correct and sufficient enough to allow adequate r-evierf-consideration and final action. 2. No Preliminary I?plat shall be approved without a determination that the plat conforms to the following: a. The plat meets or exceeds the requirements of this Unified Development Code and any applicable local or state laws. b. The plat is consistent with the City's Comprehensive Plan and any other adopted plans as they relate to: i. The City's current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; and ii. The extension of the City or the extension, improvement or widening of its roads, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities. c. Any subdivision design and improvement standards adopted by the City pursuant to Texas LGC § 212.002 or Texas LGC § 212.044, governing plats and subdivision of land within the City's jurisdiction to promote the health, safety, morals or general welfare of the City and the safe orderly, and healthful development of the City. d. The tract of land subject to the application is adequately served by public improvements and infrastructure or will be adequately served upon completion by the applicant of required improvements. 3. Phasing Plan In lieu of recording; the entirety of a proposers division of a property at one time, and therefore constructing all public improvements required by the division at once an applicant ma propose a.plan for phasing the subdivision as follows: a. Eaeh sobdivision plaffhe Phasin Pian shall intakide indicatea the boundaries and order of final Matting and construction of associated improvements. b. �je sweh ....k..d.k Phasing Plans shall not propose more than 10 phasesexeeed Odd .,,c 10 yes. The Director may approve phasing in excess of this number if the applicant can provide justification for such. The ntimber of phases herein is exclusive of any increase in phases dile to the splitting of phases as allowed per Section 3MO.8.1.c. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 27 of 82 F.1 c. Each proposed phase of a Phasing Plan for single-family residential developirent shall include at least 4 lots, except that lots shown on a Phasing Plan for nonresidential uses, such as lots for parkland, neighborhood amenity centers, or commercial out lots, or any similar uses as determined by the Director ,.may .-be shown as a single lot phase. e-A.The proposed carder of phasing shall follow a Iogical progression and, in the event s►ibsequent phases art, not_buiIL meet the miniInLIM requirements of this Code, including, but not limited to, public infrastructure, parkland dedication, cotlnectivity, and dedication of adjacent street rights-of-way_ 4:e.Changes to a. Phasing Plan shall_ meet the requirements of this Section and follow the procedures for such as perinitted in Sections 3.08.070.F and 3.08.080.B.1.c. D. ResRonsibility for Final Action The Planning and Zoning Comrnission shall consider the Preliminary Plat aeRlication, the Director's report, state law and compliance with this Unified Development Code and take final action. 2. A tiy of the following actioirs by the Commission shall be considered the Commission's final action a. Approval of the Preliminary Plat, h. App_royal of the Preliminary flat with conditions, subject to the following: i. The Preliminary Plat shall be considered approved only once such conditions are satisfied; and ii. Failure tosatisfy the stated conditions within 6 months shall cause the conditional approval of the Preliminary Plat to convert to denials iii. Denial of the Preliminary flat. 3. The Commission may postpone final action on a Preliminary Plat only when an applicant submits a written request to waive anY rights under Texas LGC 212.009 and postpone such action to a specific future Commission meeti X. IF.L_Expiration of Preliminary Plat 1. &<�A Preliminary Plats that is proposed to be developed in a single- phase arra-wA phased 9F are Fiat to be developed sequentially, the Pr-eliFniaaFy shall become null and void 24 months after its approval unless a Final Plat is fired and approve recorded for all of the Preliminary Plat within that time. 2, fle,+-A Preliminary Plat -9 eS PFOjeets that includes an approved Phasing Plan _ll hp ap-Oplepeds'equen`�^" , shall become null and void 24 months after its approval unless a Final Plat for the first phase is recorders within that time. *t -The a"Fo N, l -recording of a Final Plat for a --the first phase of the project shall extend the expiration date for the remaining portion of the original Preliminary Plat for a period of 4-824 months after the date of appal recordatiosi of the Final Plat. App F.eAal-Recordation of each subsequent Final Plat within -24 months of the date of AFI -recordation of the preceding Final Plat shall extend the expiration date for the portion of the original Preliminary Plat for which no Final Plats have been approved for an additional 419-24 months from the date of ap pro recordation of such Final Plat. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 28 of 82 EXHIBIT A a. Each =1.824 -month extension period for the expiration of the original Preliminary Plat runs from the date of the latest Final Plat appro recordation. Extension periods are not cumulative. b. If a Final Plat is not retarded during the 4 -924 -month extension period, the approval of the original portion of the Preliminary Plat that has not been recorded toe -Eek, together with any unapproved unrecorded Final Plat applications Final , lapses. F. Changes to Approved Preliminary,PI Changes to an approved Preliminary Plat that do not otherwise qualify as a deviation to the a 12p roved Prelimina r Plat as defined in Section 3.08.080.B.1.c shall be processed as either an amendment to the original Preliminary Plat or as a new Preliminary Plat application as follows: 1. Changes to a Preliminary Plat may be processed as an amendment to the original Preliminary_ Plat if: a. The proposed amendment does not alter the purpose and intent of the original Preliminary Plat (i.e., commercial Subdivision, single-family residential large lot subdivision] b. The general design and layout of the original Preliminary Plat is maintained c. The proposed development density does not stibstantially increase or decrease,• and d. The amendment does not propose the removal or addition of an arterial level roadway. 2. The Director shall review the proposed changes, including any changes to the Phasing Plan, in the same manner prescribed for the ori final Pre] imitlary flat app roval. 3. P1atlning and ZoningCom missicm shall consider and take final action on an amendment to a Preliminary flat in the same manner k)resc:ribed for the griginaI Preliminary Plat approval. 4. Approval of a Preliminary Plat amendment shall not cause the expiration date established with the original Preliminary Plat approval to be extended. S. The development regulations in effect for the original Preliminary Plat_approyal shall be applicable to the PreliminaEy Plat amendments. 6. All other chap es to an approved Preliminary Plat that do not meet the provisioris of this Section as determined by the Director shall require submittal and a 1212 rovaI of a new Preliminary Plat application (9nc1izdjDg new fees new review process, new approval dates, etc. 3.08.080 Recording Plat Grouping of existing sections Recording plats are those subdivision plats that are to be a document of legal record and incitide Final Plats., Minor Plats,_Replatss and Amending Plats. Except as otherwise required within this Chapter, recording_ plats are acted upon administratively by the Director. The Director, at their discretion, may choose to forward a 121a to the Planning and Zoning Commission for final action. If the Director cannot approve the plat, the Plat must be forwarded to the PIanning and Zoning Commission for final action. Ordinance Number: P�bfa-€ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 29 of 82 ,T EXHIBIT A B. Final Plats 1. Applicability •Final Plats are technically complete, recordable versions of an already approved Preliminary Plat. Except as otherwise noted within this Section, no Final Plat may be considered or approveLi unless the_ Preliminary Plat for the same land has been approved and has not expired and the Final Plat is consistent with such Prel iininary Plat or revision thereof. The Final Plat must incorporate all cllanas from the Preliminary Plat that were considered and aparoved by the Planning and Zonizig Commission or the Director. Final Plat review is used to ensure that a final recorded plat application includes final engineering, diagrams and descriptions that conform to the Preliminary Plat and the "as -built" infrastructure on the site. Exception to these requirements is allowed as follows: a. No Public infrastructure Proposed new A Final Plat may be a112roved without approval of a Preliminary Plat for the same vroiect if the division of Lind would otherwise q gali fy as a Minor Plat but proposes more than 4 lots. A Final flat under this provision may not incitide the dedication of land or require or propose the extension of any pgbiic infrastructure, including, but not limited to, public utilities or roadways. Final Plats under this provision shall be forwarded to the Planning and Znning Commission for final action. b. Combined Preliminaigy and Final Plat 012tion moved from prelim Any division of Iand or platting activity that _rgAt uires_an_ y of the following, but would otherwise meet the definition of a Minor Plat may be 12rocessed as a Combined Preliminar and Final Plat, subject to the criteria of this Section and Section 3.08.070. i. Any utility dedication; or ii. Any dedication of land. The Director shall have the authority to determine if a plat meets the criteria to be rocessed as a Combined Preliminary -and Final Plat. This combined 12lat shall be titled and rocessed as a Final Plat exce t t17at the PI an ni ng and Zon ing, Commission shall have final action. c. Deviations from the Approved Preliminary Plat new i. Minor Deviations During review of the Final Plat, the Director may consider and approve minor deviations from what was proposed on the approved Preliminary flat. Deviations that affect another proposed phase of the .Preliminary Plat or that affectproper t�r off-site of the Preliminary Plat or anv deviations that increase the densitv of development shall not be considered minor. The deviations shall meet any approval criteria applicable to the a1212roved Preliminary Plat. A draft of the proposed changes to the Preliminary Plat shall be provided to the Planning Department as part of the application submission for the Final Plat. Approval by the Director of such Final Plat shall be considered approval of the amendments to the Preliminary Plat and shall cause an u dated final copy of the Prelimina1y Plat to be provided to the Planning Department prior to recordation of the Final Plat. The Ordinance Number: ' Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 30 of 82 EKHIBFF A Director may, at their discretion, choose to send proposed deviations to the Planning and Zoning Commission for their consideration and final action. The following deviations from the Preliminary Plat may be considered minor: fa) Adjustments in alley, local, a collector street alignments or widths iliat do not affect another 12 ro posed phase of the Prel iminar Plat or adjacent proport (U) Changes to the lot lines, sires, or configrtration provided that the total number of lots does not increase and the changes do not affect approved infrastructure; fc) Decreases in the number of lots by up to 10% or one lot, whichever is greater, 12rovide_'d any ininimuin density requirements continue to be met, if applicable; (d) The splitting of a proposed phase of the Preliminary Plat into two phases if the separation does not affect access or utilities to a later phase; e The combining of adjacent proposed phases of the Preliminary Plat (()—A change- in the order of adiacent phases. of the Preliminary Plat, provided adequate public infrastructure is available and is maintained for subsequent phases; and (g) Other similar chang s as determines{ by Director. ii. Major Deviations from the Approved Preliminary Plat Any Final Plat that proposes major deviations from the approved Preliminary Plat shall be forwarded to the Planning and Zoning Commission for consideration and final action. The deviations shall meet any approval criteria applicable to the a pproyed Preli m i naEy Plat. A draft of the 12 ro osed changes to the Prelirni najy Plat shall be provided to the Planning Department as part of the application submission for the Final Plat. Approval by the Commission of such Final Plat shall be considered approval of the amendments to the Preliminary Plat and shall cause an updated final copy of the Prelimina Ey fiat to be 12rovided to the Ptannin Department prior to recordation of they Final Plat. The following deviations from the Preliminary flat are considered major: (a) Adjustments in Arterial roadway alignment<4 or widths that do not affect another proposed phase of the Preliminary flat or property off-site; (b) Adjustments to lot lines, sizes, or con figetrations that do not increase or decrease the total number of lots by more than 10% or one lot whichever isgreater; (c) Modification to proposed parkland; d Chan es in the location of the boy ndaKy line of a 12hase of the Prelimingy Plat to include part of another phase, provided no change in the layout of the streets and lets of adjacent phases is required; (e) Reordering of proposed phases of the Preliminary Pian, provided adequate ublic infrastructure is maintained and the reordering does not affect W antied infrastructure off-site; and imiIar changes as determined by Director. Ordinance Number: Dh71 e-)—) IR Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 31 of 82 EXHNBn" A iii. All Other Changes All other changes that affect property off-site of the Preliminary Plat or otherwise do not fall within the limitations herein, shall not be processed as deviations and shall follow the procedures of Section 3.08.070.F. iv. Determination The Director shall make a determination of whether proposed deviations are deemed to be minor or major, 2. Approval Criteria A Final Plat shall not be considered for final action until the Director has determined the following: a. The Final Plat is acceptable for consideration, meaning the application is complete and the information contained within thea pplication is correct and sufficient to allow ade uate consideration and final action. �b.The Final Plat is consistent with an approved Prelim inary_Plat, except as provided for in Section 3.08.080.B.1. c. The Final Plat is consistent with any City -approved construction l2kans for any required or agreed improvements. d. The Final. Plat meets -any subdivision design and improvement standards adovted by the Ci.ty_pit rstiant to Texas Local Government Code §212.002 or Texas Local Government Code 212.044, goverqiLig p Iats and subdivision of land within the Cil 's jurisdiction to promote the health safe inorals or general welfare of the Ci ty and the safe o rderly, and healthful development of the Citya e. The tract of land subject to tlw a 7 licatiun is adecw a tely served by 12ubiic im rovements and infrastructure,_ including water and wastewater or will be adequately served upon completion by the al2glicant of re uired im mvements. C. Minor Plats 1. Applicability a. A Minor flat is a plat for four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of munici al facilities and not otherwise considered a Replat or Amending Plat. b. Any plat that requires public improvements per this Unified Development Code, any utility_ dedication or any dedication of land small not be processed as a Minor Plat and shail be processed in accordance with Section 3.08.070 or 3.08.080.B.1..b as applicable. A Minor Plat shall not be considered for final action until the Director has determined the following: a. The Minor Plat is acceptable for consideration, meaning the application is complete and the information contained within the application is correct and sufficient to allow adequate consideration and final action. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 32 of 82 :*:�.�. f -I_i.iA b. The plat meets or exceeds the re uirements of this Unif ied Develo ment Code and an appiicabie stag or local laws. c. The plat is consistent with the City's Comprehensive Plan and any ether ado ted plans as they relate to: iL The City's ctirrent and future streets, sidewalks, alleys, parks, playgroifnds, and public utility facilities; and ii. The extension, improvement, or widening of City roads, taking into account access to and extension of sewer and water mains and the instrumentality gf_L)tjbIir_iitilities. d. The plat meets any subdivision design and improvement standards adopted by the City ursuant to Texas LCC q 212.002 or Texas LGC § 212.044 govern in lats and subdivision of land within the Ci 's iurisdiction to promote the health safety, morais or eneral welfare of the Ci and the safe orde rly and healthfuI development of the Cit . e. The tract of land sub ect to the application is adequateiy served by public improvements and infrastructure. f. A Plat Waiver maybe requested as a companion application to the consideration of a Minor Plat, according to the provisions detailed in Section 3.22 of this Code. Such Waivers and the Minor Plat shall be re aired to be approved by P&Z. D. Renlats 1. Aynlicability A property owner who proposes to further subdivide all or part of a recorded plat, without First vacating that plat. must obtain approval for a Replat as outlined in the procedLires prescribed for the resubdivision of land finder these regulations and Texas LGC Chapter 212. 2. Anproyal Criteria A Replat shall not be considered for final action until the Director has determined the following: a. The Revlat is acceptable for consideration, meanine the application is complete and the information contained within the application is correct and sufficient to allow adequate consideration and final action. b. The plat meets or exceeds the reauirernents of this Unified Develot)ment Code and anv applicable state or local laws. c. The l2lat is consistent with the Ci 's Comprehensive Plan and any other adopted plans as they relate to: L The City's current and future streets, sidewalks, alleysparks, playgrounds, and publicutili!y facilities: and H. The extension, improvement or widening of City roads, taking into account access to and extension of sewer and water maims and the instrumentality of public utilities. d. The plat meets any Subdivision design and improvement standards adopted by the City pursuant to Texas LGC § 21.2.002 or Texas LGC § 212.044, govern ing_plats and subdivision of Iand within the Ci 's'urisdiction to promote the health safety, morals or general welfare of the Qy and the safe order.1y, and healthful develo 12ment of the Cit . Ordinance Number:1POla-13 Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 33 of 82 EKHlBff A e. The tract of land subiect to the application is adequately served by public improvements and infrastructure. f. A Plat Waiver may be requested as a_companion application to the consideration of a Replat, according to the provisions detailed in Section 3.22 of this Code. Such Waivers and the Replat shall be required to be approved by P&2. g. A Re lit may not amend or remove Any covenants or restrictions and is con trolIin over the preceding -plat. � ' • � � �11L�i�l'iF��C_ K � i Pursuant to Texas LGC 212.0065the Director of Planning and Development shall have administrative aisthori for approval of a Re lat without Public Hearin& unless the proposed Re lat merits any of the fol lowin criteria. In such rase the Plan nin and Znn i ne C'ommissinn of ter a I'ubiic I-learinZ on the matter, is responsible for final action on the Replat, except as otherwise noted. a. The Replat involves more than 4 lots; or b. Any lot proposed by the Replat does not front on an existing streets; or e. The Rv lit does stol require ur i2fopose the creation of an new street (requires approval of a Plat Waiver pursuant to Section 3.22); or d. The Replat re uires or proposes the extension of municipal facilities irequires approval of Preliminary Plat pursuant to Section 3.08.070); or e. The area covered by the Replat is subject to the requirements of Paragraph 4 below; or f. The Replat is companion to a request for flat Waiver,per Section 3.22. 4!. Additional ftguirements for Certain Replats Replats containing any area or lot that, during the preceding five years, was Iimited by an interim or permanent zoning classification to residential use for not more than two residential units per lot or in the12receding plat was limited by deed restrictions to residential use far not more than two residential units per lot require compliance with Texas LGC 212.015 and shall meet the additional requirements outlined below. a. Written notice of the Public Head ng re aired in Pa rayral2h 3 above shall be mailed in accordance with Section 3.03.01Q.C,_no less than 15 days prior to the Public Hearing, to all owners of lots that are part of the original subdivision and located within 200 feet of the boundary of the property to be replatted. b. If the Replat application is accompanied by a Plat Waiver application. mer Section 3.22. ail is legally pro tested in accordance with this Section app royal of the Replat shall req uire the ..CAC-* .a:_... ._..a� `.L -a l_....•a A-_�_ L-_. _aI-.. _f aL_ __,C__, ___,___1___._ _[ Ll__ n_______, ___._____L [a111111LULIVC VVLC vl UL ICUOL LILLGC-1V UrtItO Vl LILL= VVU11 1XLCIHOUl.7 Vl LILC ti.—VIIIlIIIWPLV11 IC—.wUlli at the meeting. For purposes of this Section, a protest is legal if it is made in writing and signed by the owners of at least 20% of the area of the lots or land(including streets and alleys) that was subject to the written notification required above and filed with the Commission_ prior to the close of the Public Hearing on the Replat. E. Amendina Plats 1. Applicability An Amending Plat is any l2lat meeting the definition in Texas LGC 212.016. Ordinance Number: 1.4 Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 34 of 82 Z. Anoroval Criteria An Amending Plat Shall not be considered for final action until the Director has determined the following: .. . _._.._ ...,. a. The Amending Plat is acceptable for conside_ration,_ meaning the application is complete and the information contained within the application is correct and sufficient to allow adgquate_consideration and final action. b. The plat meets the rgquirements of _212.016 of the Texas LGC. c. The plat meets or exceeds the requirements of this Unified Development Code and an applicable state law. d. The plat is consistent with the recorded subdivision it is amending_ F. Recordation Requirements for Recordist Pa lats 1. The recordi ng plat is the instrument to be recorded in the Office of the Coti nty Clerk when all requirements have been met. The plat is ready for recordation only after the following has occurred: a. 'rhe director or the Planning and Zoning Commissionhas approyedthe plat; b. For Final Plats the Development Engineer has approved the Constniction Plans; c. For Final Plats, the subdivider has either filed a "financial guarantee of performance" or completed ivquired construction of infrastructure and public irnprnwments d. The Director or the Chair and Secretary of the Planning and Zoning Commission have signed the -plat; and e. Support documentation as required by the County Clerk's office for plat recordation has been provided to the Planning Department, including; the filing fees. 2. The scibdiv1der shall be responsible for paying all record filing fees. G. Expiration gf Recording Plats Ana pp roved recording plat that has not been filed in the apprc)priate records of Williamson Cognty_within _24 months of its approval shall expire and be considered null and void. H. Vacation of Recorded Plat In accordance with 'Texas LGC X212.013, after a plat has been recorded with the Cocfnty, the plat or an4portion of the plat may be vacated by application cif ail the owners of property within the original plat in the same manner as woc:ld be curre.ntlkprescribed under this Code for approval of the original plat (i.e. administrative, pLiblic hearing required, etch 3.08.090_ Extension and Reinstatement of Agproved_ Subdivision Plats A. Extension of Approved Subdivision Plat Prior to ex iration of an approved Subd.iyision Plat i ncl u d j ag Preliminary flats and Recordin Plats an applicant may request a one-time extension of the Subdivision Plat approyal fora period of 24 months if the Director determines such extension will have no negative impacts on the surrounding area and would not be contrary to the public interest. Approval of an extension for a Final Plat that is sub'ect to the req uirement .for a PreliminaU Plat may on ly beg ran ted if the Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 35 of 82 r -I go U approval of the Preliminary Plat for such is also extended, if applicable. A request for Subdivision Plat extension shall follow the procedures set forth for such in the UDC Development Manual. B.,. BAin§jtem§nj Qf AQoroved Subdivision Plat In the event an approved Subdivision Plat including Preliminary Plats and Recording Plats ex ires azi a12121 icant ma seek a cane -time reinstatement of the app roved Subdivision Plat without modification, subject to the provisions below. Such reinstatement may be granted by the Director fora period not to exceed 24 months. Approval of a reinstatement for a Final Plat that is subject to the req uirement for a Prel i rn inary flat may only be granted if the 52pp roval of the Prel i minary Plat for such is also reinstated, if applicable. A request for Subdivision Plat reinstatement shall follow the procedures set forth for such in the UDC Development Manual. 1. The reinstatement must be rec•uestec! Fvithin 24 months of the ex iration slate of the aRproved Subdivision Plat. 2 The regulations applicable to the plat per the Code currently in effect may not be determined to be si ii i f ica titly different from those applied to the ori g iiia! app rovaI of the Site Plan such that a new application for the same plan would be substantially the carne. 3. The circumstances of the subject 12rol2erty, roadways and adjacent properties shall have remained the same so as to not chin re the re uiremenis ap 121icable to the property. Such circumstances could include but not be limited to a chan a in the boundary of the subject property or a change in classification of the adjacent. C. The Director shall have the authority to determine if a Subdivision Plat Extension or Reinstatement meets the criteria for processing and approval. 3.08.0"M Construction Plans A. Applicability Construction plans conforming to the City's Construction Specifications and Standards Manual and this Code must be submitted to the Development Engineer for all existing or proposed streets, sidewalks, drainage, and utility 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 Preliminary Plat to serve the phase being platted. The construction plans are intended to provide detailed engineering drawings for all improvements required to serve the development. The construction plans shall be kept as a permanent record of the City. B. Construction or Financing of Public Improvements 1. After approval of a Preliminary Plat, the subdivider shall notify the Development Engineer as to the construction procedure the subdivider proposes to follow. One of the following procedures shall be used: a. The subdivider may file construction plans, and, upon approval of the construction plans by the Development Engineer, proceed with construction of streets, alleys, sidewalks, and utilities that the subdivider is required to install. Ordinance Number: Description: 2011 2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 36 of 82 EXHIBUA b. The subdivider may elect to file a "financial guarantee of performance' as provided in Section 13.08, in which case the guarantee of performance shall be filed with the City. 2. Upon completion of construction the subdivider shall deliver to the City a one-year maintenance bond for guarantee of workmanship and materials as provided in Section 13.08. 3. A conditional Construction Permit for a model home may be issued once the streets to the subdivision have been constructed to sub -grade and water service and a fire hydrant are located within 500 feet of the lot on which the model home is located. The Building Official shall note on the permit that the property owner accepts all responsibility for commencing construction prior to completion of the public improvements and City acceptance of the subdivision. The Certificate of Occupancy for the model home will not be issued until the subdivision and all public improvements have been accepted by the City, a Final Plat has been filed with the County and all utilities are connected to the home. 4. The construction documents, when duly signed by the Development Engineer, are authority to proceed with the construction of streets and utilities. C. Responsibility of Subdivider's Engineer The professional engineer representing the subdivider is responsible for the accuracy, completeness, and conformance to the City's Construction Specifications and Standards Manual, this Code and all applicable City standards. The City has no project design or engineering responsibility. D. Approval Criteria The purpose of the Development Engineer's review is to ensure conformance to City policies and standards. However, the Development Engineer's review is limited to facts as presented on submitted plans. The Drainage Engineer shall review any stormwater-related issues and comment to the Development Engineer. 1. The Development Engineer shall approve construction plans that are submitted and sufficiently show 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. 2. 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. 3. The Development Engineer shall not approve construction plans that do not adequately represent construction of the approved infrastructure and public improvements included in the approved Preliminary Plat. E. Responsibility for Final Action The Development Engineer is responsible for final action on construction plans. 3 08-070 Final Plat.Alppmvall moved 1. Final Plats aFe tedimi-cally complete version-, of an air-eady appi-oved Preldminar-y Plat. No Final Plat maybe eansid-ered- eita pip Foy ed an 11 -PISS 4 -Ne -12FP-16F*�R a FY 121 at for th e F.; -a Ime iaiid h a r, be Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 37 of 82 121 L �- f�ffltw�i Owl flie is-Eellsis tI k44•wIffeviet- �-x-EIVKI�t��tt3it�r�r-['�l.�l x;;::,-,�,�.;-'�;�:-ri}E ��-itt�t�x�r-�-rtc�€�K-}a.� �tlac�--�itak+z-�a�,�•ry-Rl-;��ti►t-�u�r;�•:i��+.-��:�tk-�a�c� RP 19 re w4 - w' -Ike �:; r ��•ifta� �'l---r-an•c�--'rr":Ti£�4'1Ff:�•-Flti(�[�-�Fa-t'I-faFI-F'�'��1si�i}-�•ff�i%-FPk:E!3=t�f'E��irf� ciii�:""+:'�•• ; �,••.'''�.. t� iil-€ afit! O(clt il�e res -tai •iltr ie4w'-•t:�r3-the-A-e- �� rlFe�rF�f l �a;+lam€k ref--the-inftE4tma4a>-r-equiFed iii flie T rnr• �r iwr;i�tf�-rc r r�� r � Ftpkt1-w�t�i--dvw�[c chi ,.T ri fr .,.,t... to , ... a.. �%i n '' Plat - F .. .41011 C E I.. I:t- - s- --.,ov �af�'4+C'f l�-T*R44 Code pleL e L..(- all suppok 7tFC a 't3". km- ecordalion. .JIE-flr•�lt-t-Nder'1-•+-•erif:•�is�•-a-Firt�l--i'lk--ft-1�:Ft-at�r:aFrca-�it�t-fir--r�+i_ est�r�r:����3ci��l��-�t:,Yips:fi-I--t�-f+i��lar-�+�a�-+a+•id�i ''•-��;�r-�=k� �.----I-�� � k-��tc�ltei3•a�-i-�3t�ff?tc�altii--Fl �•*-+Ftk�>��#iE•�x-:�3�•tt���lt?c�--tai#��t-•tFt��-p�+!•i��•titrtt-i:�:-tc��c�fTa �# CL ,I ,t, r: YEL ill ThE?iA,i-itw-Fii-wM-i�ii-afjmu,)•ved Pfe �lirii�F �ixii �-'•�la��-i�Fta€-��t-E��-i�c�I•t�i�te�t ��ilfi-art��-�::i�t�-a4��rc-r�:���t}l3�liefl�-�Flart��x��7�--r'���+pec# i•tit 11 k- ..F C', .1. -7121 0107 T...�-a-�.••t^�f's'>�i7'r�•^i�''[•�a, �It C- Y&§j 1;!, W44, tH$1 %ibdiv Oil tGl.,s11 0. 10 the iz.�0LEh, - 681fes. .a0 Fa k Of �tt��rai�FV�k•1�-a:r�•1•���-�+t�+--a+tai-tf+�•�•kr�..�r�t���l�-s�[�t�lt�r�aa�,���c�•�--Fk1'_ 4. -410 t OVt F. !an( i �rEa ?jeei-E4� { tY E of irF�a;�t��•E-e;--+a�•-1-T�tN•f�-�v��Fl��t�n�cl-�v�-f�lat��-�r-w-i-1�-k� t-�d��alei����f�►rr-e�+F>�IctiaE� �5.--•�I�--i�-I�a t4-,.� �-€frT�,far�f�t��att±c�•-twc-�-a�,ik�c��-f F'�M-•�e-I��•t��i+��€•-i�•te-�:�ar;�,•etctiv>� -FFi�FF-i-FT.'}�-^�-if�Flr�i'-i_•+i�iiai�-•FFIt=-�FIti4�-i��•rl-�-F1F}�;,.••�'�.,*;-;.:,.,--+-i�,y4i�a�.T-r,-.r;TE�w-�-�Fi-6-11F-�Ewi:f�a i v v v E?t i'Ia it3r'l+� D.- Respensibilky for Final Aetion EFi6on all Final Plat.-. .d�'rswe �hat they� wAt--t#•KCity oppr4w d1-4t4iai4ki y- i 6 IkIe PireElr� I V; Rat--p-l-a7, i11k t [r 3l iiif� ^+r+1';4+iE't>I c13 aI?p"•,�.c Ffi+lrti�f�ia�i'fE33�-�?�r"fii�ll.}Ea•f•;tFd-7t-�•1.1x'i{Ik°{�•-�}x�s�'i�iRxf fl-lf�l'-c�--^�i-Fl�fic-i.��--�';4deii��r3�--�3Ei'�c'a'r��-i9c'rnct"vr- Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 38 of 82 EXHIBITA 3 09 989 Replat moved 4 ..� r r c - A r Ordinance Number: Pb --19-19 Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 39 of 82 r IS "AM 3 09 989 Replat moved 4 ..� r r c - A r Ordinance Number: Pb --19-19 Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 39 of 82 A Section 3.09 Site Plan Review 3.09.010 Applicability A. An aDoroved, valid Site flan is reouired orior to the construction, exvansion, or removal of an improvements to a property, as defined in Section 16.2 of this Code, within the Ci , 's limits, except as f0lIQWS:PFi0F tO ElAy land distur-banee iram- the PWPOSe of deyelopment within the City limits, and app FOVal L„Petaeked-Single-family and Two-family devc4opmew-structurej accessgry st_nict esand fences on individuals platted lot apff**�1-; and 2E Agricultural buildings for the purposes of farming, ranching or sheltering of animals. B. All improvements reflected on approved Site Plans must be constructed at the time of development. All terms and conditions of Site Plan approval must be met at the time of development. C. The Site Plan may not be approved unless the lot on which the hnprovexnents are proposed is legally platted or the subject tract is detornifnecE to be exempt from the platting requirements of Section 3.08. Q. Where site plan approval is required, no Building Permit approval shall be issued for any development of land until such property has received final site plan approval and is in conformity with the provision of this Code. L._The provisions of this Section relating to Site Plans are adopted in accordance with the Texas Local Government Code Chapter 211 and the City Charter. 3.09.020 Review Process Review of a Site Plan shall follow the procedures set forth in Section 3.03.040 for administrative review and shall be processed as follows:: A. Application Completeness 1, The applicant shall submit all of the information required in the UDC Development Manual as specified on the Site Plan application checklist. 2. The Director shall determine that a complete application has been submitted with all material necessary to review the Site Plan's conformance with applicable criteria for aj2proval. Ordinance Number: Description: 2011-2012 UDC. Amendments, Rrnmd 1, Chapter 3 Date Approved: March 27, 2012 Page 40 of 82 1. The Director shall review the application, considering any applicable criteria for approval, and notifythe applicant of any necessary corrections. 2. The Director may esuablisli procedures For administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application. Responsibility for Final Action The Director is responsible for final action on Site Plans. 3.09.030 Criteria for Approval A Site Plan shall be approved if it is in compliance with the following criteria: A. A complete application and fee have been submitted. B. The application and content of the application are consistent with the provisions of this Unified Development Code, the Comprehensive Plan, and any other applicable City regulations. C. The application and content of the application are consistent with the UDC Development Manual, City's Construction Specifications and Standards Manual, this Code and any written interpretations of this Code. D. Compliance with any approved plat, Development Agreement or other agreement or ordinance governing the parcel of land to which the Site Plan is related. E. Compliance with any additional Site Plan approval criteria required for Overlay Districts or any Site Plan approval criteria adopted as part of a special area plan. F. Prior to final approval of any plan within the City Limits, the applicant must certify to the Drainage Engineer that all requirements for a Stormwater Permit are met by the Site Plan. Approval of the Site Plan constitutes approval of the Stormwater Permit. G. The Site Plan shall conform to standard engineering practices and must be sealed by a Professional Engineer licensed in the State of Texas, except as otherwise provided for in this Section. All Site Pians shall include the following components demonstrating compliance with the provisions of this Code and the UDC Development Manual, unless otherwise provided for within this Section: Pir-ecntoF of Planning md Deyelopn*Rt is Fespansible frar- final action on SiW Plans-, A. Cover Slieet; B. Dimensional Site Plan; C. -Utility Pian; D. Architectural Plan; E. Tree Preservation Plan F. Landscape Plan; Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 41 of 82 F.1 EXHIRff A G. Lighting Plan; and H. Grading and Drainage Plan. 3.09.Q50 Site -Plan Area of Develogment A Site Plan shall include the entire area within the legal boundaries of the tract for which it is proposed; however, the area included in a Site Plan may be reduced to reflect the actual area of development in the situations listed below. The new artificial boundary shall be the same used for all components of the Site Plan and shall be scaled SLICII that all req uirements app] icable to the Site Plan can be met within that boundary. A. The area of develoRment is part of a much larger tract whereby the area encompasses less than 50% of the total tract; B. The RroRosed improvements are part of a larger cam us where the areas are des; wed to function relatively independent of each othor; C. The excluded area is to remain undeveloped and in its nattiraI state; D. The im p rovements are p ro posed to bei added to an ex isti ng siteprovided: 1. No improvements are proposed to the excluded area; 2. Review of the excluded area is not necessary For review of the area of development; 3.. The improvements proposed within the area of development are not dependent on improvements located within the excluded areaLand 4.. No retrofitting of existing site improvements is Egquired 12ursuant to the provisions applicable to the expansion of a nonconforming structure or site in Chapter 14; and E. Other similar cirCUr stances as determined by the Director. 3.09.050 Site Plgn Phasing When development is proposed For a larger site with multiple buildings, an applicant may choose to partition the site and construct the improvements in a series of -phases as follows: A. The Site Plan submittal shall include a Phasing Plan indicating the boundaries of each phase and the order of construction of associated site improvements. B. No Phasing Plan shall propose more than 5 phases or exceed a period of TO years. The Director may a pprove j2hasin in excess of this number if thea pplicant can provide justification for such. C. Thepro osed order of phasin g shall follow a Io jca 112 ro ression and in the event subset went phases arc, not buj!f, mu -'t McQt the to, parking, landscaping, tree mitigation, fire access and stormwater management. ,ment. D. Changes to a Phasing Plan shall meet the reuuirernents of this Section and follow the procedures established for revisions of Site Plans. 3.09.070 Minor Site Plan Where the scope of required or proposed site improvements is limited as Herein defined, a Minor Site Plan review process may be utilized subject to the provisions below. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 42 of 82 EXHIBR A A. Determination of Minor Site Plan Review 1. A Minor Site Plan submittal may be considered when the extent, type or size of the site improvements is so minimal that review of all standard Site Plan components, as identified in Section 3.09.040, is not necessary, as determined by the Director. Typical situationsgualifyiR& for Minor Site Plan review may itidude, but not be limited jo, improvements required by Chapter 14 due to a change in use, a small addition to a building over existing impervious coverage, installing_ parking lot striping on an existing unmarked parking lot, or replacement of a_site's existing landscaping. 2. A Minor Site Plan review shall not be utilized when: a. Site improvements are proposed to a property where no development has otherwise occurred, except in unique situations as determined by the Director; b. The proposed project requires preparation of a Traffic impact Analysis {TIAI c. The proposed project requires preparation of a stormwater drainage study, although some drainage information mai be reviewed as part of a Minor Site Plant d. Impervious coverage in excess of 1,500 square feet is proposed; e. A building addition in excess of 500 square feet is proposed; f. 'rhe intended proiect req wires or ro ses more than 4 parkin g spaces; or 9 -.—Si rn i I a r situations are proposed as determined by the Director. I�� • � � _ _ - _ ii irRTiF�f;� � FTi� The components required with a Minor Site Plan application shall be those determined by the pirector to be applicable to the particular situation and necessary to verify the conformance of the proposed site improvements with the provisions of this Cade. The Director may determine an engineer- is trot_ required to prepare the }dans under the Minor Site flan provisions if the proposed improvements do not warrant such. 3.09.060M evisiorts to Approved Site Plans Any modifications to an approved Site Plan must be resubmitted to the Director for consideration as follows: Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 43 of 82 .)y r Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 43 of 82 .)y EXHIBIT A 1. ns and ' e.F i difications whieh Fequife Ehangesto an approved Site Plan may approved by the Direetaf. For- the pur-poses of this subseEtion "minet:" modific-ations are these which do not substantially change the design or nature of the original Sito_PIan and have no significant adverse impact upon neighboring properties, the public or persons who will occupy or use the proposed development may be processed as a Site Plan Amendment. An application For Site Plan Amendment followingthe he requirements of the UDC Development .ManualA r: ten • qu shall be made submitted to theQ4ec4e+-i'lanning Department which elear-ly 'deptifies-identifying_the requested revisions and / or modifications. Any changes approved by the Director shall be shown on the revised siteSite Plan. 2. The Director may determine a correction or a modification is so minuscule or insignificant that it does not warrant review of a Site Plan Amendment and cause the change to be directly undated and included in the original file. 2T3,___All other revisions and / or modifications not defined as "minor" shall be processed as a new application. Approval of a modified Site Plan, processed as a new application, shall void the previously approved Site Plan. 3.09.060 Expiration &,.A Site Plan shall expire 24 months after the date that the Site Plan was approved, unless: 1. A eemplete Building Permit application has been submitted approved 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 approved within 24 months from the date Site Plan approval is granted. Each subsequent application must be s.d-approyed within 24 months from the date of issuance of a Certificate of Occupancy, conditional or oilzerwise. by the Building Official for the previous phase of the development. 3. Except as provided for within this Section, a-4 lapse of a period.greater than the peric),4&1hose set forth above causes the related approvals or permits to expire and be of no further force and effect. Any further action shall require a new application and approval. B. Site Plan Extension Prior to exviration of an avaroved Site PIan, an avalicant may request a one-time extension of the Site .flan approval fora eriod of 24 months if the Director determines such extension will have no negative impacts on the surrounding area and would not be contrary to the public interest. A request for Site Plan extension shall follow the vrocedures set forth for such in the UDC Development Manual. C. Site Platt Reinstatement In the event a Site Plan approvaI exp ires an applicant may seek a one-time reinstatement of the approved Site Plan without modification -subject to the provisions below. Such reinstatement may be granted by the Director for a period not to exceed 24 months. A request for Site flan reinstatement shall Follow the procedures set forth for such in the UDC Development M_a_nuaI. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 44 of 82 1. The reinstatement must be requested within 24 months of the expiration date of the approved Site Plan. 2. The regulations applicable to the project per the Code currently in effect may not be determined to be significantly different from those applied to the original approval of the Site Plan, _such_that _a_new appiication for the same plan would be substantially the_same._ I The circumstances of the adjacent properties, roadways and subject property shall have remained the same so as to not change the re uirements a licable to the Property. Such circumstances could include, but not be limited to, a change of zoning in the subject or adjacent properties, a change in the boundary of the subject property, a change in classification of the adjacent roadway or neighboring constniction affecting landscape buffers. D. The Director shall have the authority to determine if a Site Plan Extension or Reinstatement meets the criteria fol• 12rocessing_anci11212rovai. 3.09.070 Site Related Construction Plans Where a Site Plan entails site construction, Construction Plans shall be required and must be approved by the Development Engineer prior to any site construction. The plans shall be submitted for all existing and proposed private and public parking, driveways, sidewalks, drainage, and utility improvements. Review of site related Construction Plans shall follow the procedure set forth in Section 3.03.040. The site related Construction Plans may be included as part of the Site Plan, subject to the requirements in the Development Manual. A. Site related Construction Plans must be consistent with the approved site plan. B. For all public improvements the plans shall conform to the City's Construction Specifications and Standards Manual and this Code. C. For all private improvements, the plans shall conform to standard engineering practices and must be sealed by a Professional Engineer licensed in the state of Texas. D. The materials, embedment, and testing of all private main utility lines 6 inches and above in diameter shall meet the requirements of the City's Construction Specifications and Standards Manual and/or the approved City Building Codes. E. The site construction plans shall meet the requirements of the City Drainage Manual. Section 3.10 Lettere of Regulatory Compliance 3.10.010 Applicability A Letter of Regulatory Compliance, as defined in 3.10.020 A and B, may be obtained upon written request as outlined in the Development Manual. 3.10.020 Types of Letters of Regulatory Compliance A. 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 I Letter does not authorize the property owner to proceed with a development; does not specify / Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 45 of 82 WWI0ff A requirements that must be met for future development; and does not include a determination that a tract of land may be developed. B. Legal Lot Verification Letter legal let. -An apoication may be made requesting the Director, or their designee, to provide a determination of the legal }Matting status of a tract of land. The determination shall be provided in written format in compliance with Local Government Code Subsection 212.0115. The Director shall determine the following: L Whether a plat is required under this Chapter for the tract of land; and 2. If a plat is required, whether it has been prepared and whether it has been reviewed and aRRroved by the: al2propriate approving body. Section 3.11 Temporary Use Permit 3.11.010 Applicability The following temporary uses may not be commenced until the applicant obtains a Temporary Use Permit from the Building Official. The permit specifies the specific use, the period of time for which it is approved, and any special conditions attached to the approval. The provisions of this Section relating to Temporary Use Permits are adopted in accordance with the Texas Local Government Code Chapter 211 and the City Charter. The following uses may be permitted, subject to the issuance of a temporary use permit: A. Pumpkins, Christmas trees, and other seasonal product sales. No permit shall be required for such uses operated as part of a school or place of worship. B. Sales Offices and Model Homes, pursuant to the standards set forth in Section 5.08.020. C. Temporary Parking Lots, pursuant to the standards set forth in Section 5.08.020. D. Business offices or sales facilities where construction of a permanent facility is being diligently completed, pursuant to the standards set forth in Section 5.08.020. E. Construction field offices, pursuant to the standards set forth in Section 5.08.020. F. Private farmer's markets, pursuant to the standards set forth in Section 5.08.020. G. Temporary manufacturing of concrete products, pursuant to the standards set forth in Section 5.08.020. H. Mobile or outdoor food vendor, pursuant to City Code Section 8.12. I. Offsite construction staging, pursuant to the standards set forth in Section 5.08.020 1. Portable classrooms, pursuant to the standards set forth in Section 5.08.020. K. Temporary storage facility located on a property affected by a natural disaster, pursuant to the standards set forth in Section 5.08.020. iGL_Noise Permits, pursuant to City Code Section 8.16.050. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 46 of 82 6M. Similar temporary uses which, in the opinion of the Director, are compatible with the district and surrounding land uses. 3.11.020 Review Process Review of a Temporary Use Application shall follow the procedure set forth in Section 3.03.040. 3.11.030 Approval Criteria In addition to the general criteria for consideration of administrative procedures in 3.03.040.D.1, the Director shall consider whether the application complies with the following standards: A. Land Use Compatibility The temporary use must be compatible with the purpose and intent of this Unified Development Code and the Zoning District in 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. B. Compliance with Other Regulations A Building Permit or temporary Certificate of Occupancy may be required, as determined by the Building Official, before any structure used in conjunction with the temporary use is constructed or modified. All structures and the site as a whole shall meet a44 -applicable l iR-g-Bu.ilding Cede, ZeRiffg Past~ ^�, and Fire Code standards as well as any provisions of this Code for such temporary Lase; . Upon cessation of the temporary event or use, any strucriges associated with the temlorary use shall be promptly removed and the site shall be returned to its previous condition (including the removal of all trash, debris, signage or other evidence of the temporary use). C. Duration The duration of the Temporary Use shall be established by the Building Official at the time of approval of the Temporary Use Permit, -pursuant to any provisions of Chapter 5 applicable to the temporary use. In the event no time limit is established, the _ 1iFf s of the T-eMpg"^Wy rg^ n„«",:k b ut as shaII Hhe duration shall be a period not to exceed 90 days. D. Traffic Circulation The temporary use shall not cause undue traffic congestion or accident potential, as determined by the Development Engineer, given anticipated attendance and the design of adjacent streets, intersections, and traffic controls. E. Off -Street Parking Off-street parking shall be provided in accordance with Table 9.02.030.A for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the site. F. Public Conveniences and Litter Control Adequate on-site rest room 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 at no expense to the City. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 47 of 82 F.1 G. Appearance and Nuisances The temporary use shall be compatible in intensity, appearance, and operation with surrounding land uses in the area, and it shall not unduly 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. H. Signs The Building Official shall review all signage in conjunction with the issuance of the permit.. Such signage shall be in accordance with the requirements of this Code. I. Other Conditions The Building Official 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, restrictions on hours of operation, temporary arrangements for parking and traffic circulation, requirements for screeningibuffering, and guarantees for site restoration and cleanup following the temporary use. J. Revocation The Building Official may revoke a Temporary Use Permit if it is determined that: 1. The applicant has misrepresented any material fact on his or her application or supporting materials. 2. The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit. 3. The operation of the temporary use violates any statute, law ordinance, or regulation. 4. The operation of the temporary use constitutes a nuisance or poses a real or potential threat to the health, safety, or welfare of the public. 3.11.040 Responsibility for Final Action The Building Official is responsible for final action on all Temporary Use Permits. Section 3,12 Master Sign Plan 3.12.010 Applicability A Master Sign Plan shall be required for all multiple -tenant buildings, Planned Unit Developments, 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 •n�i }1�in }j,o �nvnln»mn»} c11711 nnm»w �e.i+}. +1,a .""YncT—A NA' Q+n L';r P1- 3.12.020 Review Process Review of a Master Sign Plan shall follow the procedure set forth in Section 3.03.040. 3.12.030 Criteria for Approval In addition to the general administrative review criteria in Section 3.03.040.1), the Building Official must determine the following in order to approve the Master Sign Plan: Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 I • 4 . Page 48 of 82 D[HI BR A A. The plan provides that signs of a similar type and function within the development will have a consistent building material. B. The plan provides for signs that meet the size limitations, location requirements, and other applicable requirements of this Unified Development Code. 3.12.040 Responsibility for Final Action The Building Official is responsible for final action on Master Sign Plans. A sign permit shall also be required in accordance with Section 3.18. 3.12.050 Expiration A Master Sign Plan shall expire 4-2-24 months after the date that the Master Sign Plan was approved unless: A. A eeffqAete-Building Permit application has been Via_ pRLoyed or, if no Building Permit is required, a Certificate of Occupancy, or equivalent, has been issued. B. 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 mit pt��xox,ed within 12 months from the date Site Plan approval is granted. Each subsequent application must be submitted within 4-2-24 months from the date of issuance of a Certificate of Occupancy by the Building Official for the previous phase of the development. Section 3.13 Certificate of Design Compliance 3.13.010 Applicability A. Pursuant to the authority granted to the City by Texas Local Government Code Chapter 211 and the City Charter, a Certificate of Design Compliance is required in the following circumstances before the commencement of development within or work upon any building or structure located within designated areas of the City: 1. Non Single-family and Non Two-family Residential Structures a. Whenever such work or development to a non Single-family or non -Two-family residential structure requires Site Plan review or any other permit or approval issued under this Chapter; or b. Whenever such work to anon Single-family or non Two-family residential structure includes the erection, moving, demolition, reconstruction, restoration or alteration of the exterior of any structure or site, except when such work satisfies all the requirements of ordinary maintenance and repair as defined in Section 16.02, Definitions. 2. Single-family and Two-family Residential Structures a. Whenever an addition is proposed to the front facade of an existing Single-family or Two- family residential structure; or b. Whenever construction of a new Single-family or Two-family residential structure or an addition to an existing residential structure is proposed that will exceed the height limitation or setback standards in Section 4.08.020.B of this UDC; or Ordinance Number: • Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 49 of 82 c. Whenever construction of anew Single-family or Two-family residential structure or an addition to an existing Single-family or Two-family residential structure is proposed that, either alone or in combination with the existing structure, will exceed the maximum floor - to -area -ratio (FAR) ratio allowed per Section 4.08.0203 of this UDC. B. A Certificate of Design Compliance is required for El&veleptReat wit4in the following Q4�1: 1. Any development within the Historic Overlay Districtl 2. Any developmentwithin -T- the Downtown Overlay District 3. 'Phe nta 'Vown Oyer -lay PliY.Wc4 -Residential, commercial or vacant properties used as or changing to a commercial use within the Old Town Overlay District: 4. Demolition or relocation of aD�Lbuilding or structure on the List of Priority ; ori„ 5. Any addition or new construction in the Old Town Overlay District requiring Certificate of Design Compliance approval pursuant to Section 4.09.030.B. C. No Building Permit shall be issued by the Building Official for any structure or site located within a Historic Overlay District or other applicable Overlay District until the application for such permit has been reviewed by the Historic and Architectural Review Commission and a Certificate of Design Compliance has been approved by the HARC. D. Certificate of Design Compliance for Demolition 1. No building or structure within the Downtown Overlay District, Old Town Overlay District or any other Historic Overlay District or on the List of Priority Structures shall be demolished or relocated unless such demolition or relocation is approved by the Historic and Architectural Review Commission and a Certificate of Design Compliance for such demolition has been granted. However, this authority shall not supersede the Building Official's authority under Chapter 15.40, "Dangerous Building Ordinance," of the Georgetown Municipal Code. 2. Demolition or Relocation Delay Period for CDC Issuance If HARC does not approve the CDC for a demolition or relocation request at the initial Hearing then the delay process noted below will come into play: a. Demolition or relocation of a Low, Medium or High priority structure requires a delay period prior to the issuance of a Certificate of Design Compliance (CDC) as follows: i. Low priority structures shall require a delay period of up to 175 days; ii. Medium or High priority structures shall require a delay period of up to 365 days; and iii. Properties involved in a Demolition by Neglect case will automatically receive a 365 -day delay period, see Sections 4.08.010.F, 4.09.020.17 and 4.10.010.G for the Demolition by Neglect regulations. b. This delay period shall be initiated from the date of the public hearing to allow for an attempt to find an alternative to demolition or relocation of the structure. Ordinance Number: Description: 2011-201211DC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 50 of 82 U During this time period, the applicant shall be required to address the criteria listed in Section 3.13.050 below. d. The case shall be placed on the first HARC agenda, for another public hearing with required notice, which falls after either the delay period or earlier upon the completion of the criteria in Section 3.13.050, for Final Action on the application for CDC. If the applicant has failed to comply with Section 3.13.050, the CDC will be denied. e. If no alternative to demolition or relocation has been found and the applicant has complied with Section 3.13.050, a Certificate of Design Compliance for demolition or relocation shall be issued by the HARC. 3. If a structure is demolished or relocated without CDC approval by HARC, no additional HARC approval or building permit may be issued for the property for a period of 365 days. Any pmen whe feme N,es a stf ki etu Fe, oeei dental ly e r- other -wise, iR violation of this Chapte* AOL pac-i, 4..44,,444, „a 4. A property owner may make a request to HARC to reduce the 365 -day wait period for a building_ permit as specified in Section 3.13.010.D.3 above based on the foliowing_ a. The 365 -day delay, places an undue hardship on the property owner. b. Only a portion of the structure was demolished. c. The structure demolished was not historic. d. The remaining portions of the structure need to be secured or strengthened to _protect it from further deterioration. e. Construction work is required to make the structure habitable; To avProve a reduction in the 365-dav waitine pc:dod for tiyc isss,iaMe of a buifriin'Z ues-r11it HARC must determine that the demolition has limited impact on the remaining historic significance of the property, and that the reduced waiting period is appropriate based on either health, safety, and welfare or that to continue with the delay would place an undue hardshiv on either the property or property owner. E. Definitions Definitions are those in the Design Guidelines for the Downtown Overlay District and in the Historic Resources Survey of Georgetown, Texas. High Priority. Any structure designated a high priority in the Historic Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as amended from time to time by the Preservation Officer to reflect an updating of the List. Medium Priority. Any structure designated a medium priority in the Historic Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as amended from time to time by the Preservation Officer to reflect an updating of the List. Low Priority. Any structure designated a low priority in the Historic Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as amended from time to time by the Preservation Officer to reflect an updating of the List. Ordinance Number:G*Ia-fs Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 51 of 82 '' e MIBIT A. • List of Priority Structures. Any structure listed in the Historic Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as amended from time to time by the Preservation Officer to reflect an updating of the List. F. Database of Priority Structures A database of the addresses of the high, medium, and low priority structures shall be maintained by the Planning and Development Department. The Preservation Officer shall be notified by the Inspection Services personnel of a request for demolition or relocation permit based on the Historic Database and shall place the item on the first available HARC agenda. No permit shall be issued until an application for a Certificate of Design Compliance is approved by HARC. 3.13.020 Review Process A. Initiation Initiation of a Certificate of Design Compliance may be made upon application by the property owner of the affected property or their authorized agent. B. Pre -application Conceptual Review for Major Projects Projects that involve infill construction or the substantial rehabilitation of an existing structure shall be required to submit preliminary information to the Historic and Architectural Review Commission and to appear at the regularly scheduled meeting for conceptual review prior to making an official application. Materials for the conceptual review will be submitted to the Director at least seven days before the regularly scheduled meeting so that it can be included in the packets distributed to the Commission. C. Application Application must be made in a format consistent with requirements determined by the Director. Applications must include all materials determined necessary by the Director. Format requirements and materials required for the application shall be made available by the Director in advance of any application. D. Application for Demolition or Relocation 1. Justification Statement The applicant shall provide a written statement showing the demolition or relocation is sought for one or more of the following reasons: a. To replace the structure with a new structure that is more appropriate and compatible with the historic overlay district. b. No economically viable use of the property exists. L. lllC JLl UlLl11C FVJCJ 0.1L 111 LL1111lClll L111C0.1 LV FU VllI 11C0.1L11 Vl Scut -Ly. d. The structure is noncontributing to the historic overlay district and is not historically significant. e. Other special circumstances, as described and justified by the applicant. 2. Application Requirements: a. To replace the structure with a new structure that is more appropriate and compatible with the historic overlay district, the following information may be required: Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 52 of 82 EXHIM A i. Drawings, photographs or written descriptions depicting the original construction of the structure. ii. Drawings, photographs or written descriptions depicting the current condition of the structure. iii. Any conditions the applicant requesting demolition is voluntarily placing on the new structure to mitigate the loss of the current structure. iv. Drawings of the new structure by a licensed architect. V. A guarantee agreement between the owner and the City that demonstrates the owner's intent and financial ability to construct the new structure. The guarantee agreement must: (a) Contain a covenant to construct the proposed structure by a specific date in accordance with architectural drawings approved by the City through the Certificate of Design Compliance process; (b) Require the owner or construction contractor to post a performance and payment bond, letter of credit, escrow agreement, cash deposit, or other arrangement acceptable to the Director to ensure construction of the new structure; and (c) Be approved as to form by the City Attorney. (d) If the project subject to the performance and payment bond, letter of credit, etc. as noted in Section (2) above is not constructed within the time limit of the financial security, the funds from the security shall be taken by the City and placed in a Preservation Fund. These funds that shall be used for preservation purposes and activities such as acquiring historic properties proposed for demolition, paying for restoration and other studies for applicants with financial hardships, and other efforts to further preservation. vi. Approval of a Certificate of Design Compliance for the proposed new structure, if applicable. b. If no economically viable use of the property, the following information may be required: i -vii. The past and current uses of the structure and property. +:viii. Drawings, photographs, or written descriptions depicting the current condition of the structure. iiiix. Drawings, photographs, or written descriptions depicting the original construction of the structure. i�.2 Any conditions the applicant requesting demolition is voluntarily placing on the new structure to mitigate the loss of the current structure. �,-xi. The date and price of purchase or other acquisition of the structure and property. *i-.xii. The assessed value of the structure and property according to the two most recent tax assessments. v44-.xiii. The amount of real estate taxes on the structure and property for the previous two years. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 53 of 82 A *iii:xiv. The current fair market value of the structure and property as determined by an independent licensed appraiser. 4.xv. All appraisals obtained by the owner and prospective purchasers within the previous two years in connection with the potential or actual purchase, financing or ownership of the structure or property. *.xvi. All listings of the structure and property for sale or rent within the previous two years, prices asked, and offers received. *6xvii. A profit and loss statement for the property and structure containing the annual gross income for the previous two years and itemized expenses (including operating and maintenance costs) for the previous two years. *4:xviii. All capital expenditures during the current ownership. xix. A restoration study of the structure, including the following: (a) An inspection by a licensed home inspector, who shall provide a written report aassessin& the condition of the structure; and (b) A feasibility study performed by a licensed architect or engineer. This study should analyze the feasibility — structurally and financially — of restoration and/or adaptive reuse of the structure. .xx. The applicant explains how the following economically viable alternatives available to the demolition have been addressed, including: (a) Donation of a part of the value of the subject structure or site to a public or nonprofit agency, including the conveyance of development rights and facade easement. (b) The potential of the subject structure or site for rezoning in an effort to render such property more compatible with the physical potential of the structure. c. To demolish or remove a structure that poses an imminent threat to public health or safety, the following may be required: i. Drawings, photographs, or written descriptions of the current condition of the structure. ii. A study performed regarding the nature, imminence, and severity of the threat, performed by a licensed architect or engineer. iii. A restoration study of the structure, including the following: (a) An inspection by a licensed home inspector, who shall provide a written report asassessiniz the condition of the structure; and (b) A feasibilitv studv nerformed by a licensed architect or engineer. This studv should analyze the feasibility —structurally and financially — of restoration and/or adaptive reuse of the structure. iv. Any other information requested by the Building Official to determine the condition of the property. d. To demolish or remove a structure that is noncontributing to the historic overlay district; the following may be required: i. Documentation that the structure is noncontributing to the historic overlay district. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 54 of 82 013110 T A ii. Documentation of the age of the structure. iii. A statement of the purpose of the demolition. e. To demolish or remove a structure based on other special circumstances, the following may be required: Drawings, photographs, or written descriptions depicting the original construction of the structure. ii. Drawings, photographs, or written descriptions depicting the current condition of the structure. iii. Any conditions the applicant requesting demolition is voluntarily placing on the new structure or property to mitigate the loss of the current structure. iv. A restoration study of the structure, including the following: (a) An inspection by a licensed home inspector, who shall provide a written report a=rassessins the condition of the structure; and (b) A feasibility study performed by a licensed architect or engineer. This study should analyze the feasibility — structurally and financially — of restoration and/or adaptive reuse of the structure. V. Drawings of the new structure by a licensed architect, if applicable. vi. If a new structure is proposed, a guarantee agreement between the owner and the City that demonstrates the owner's intent and financial ability to construct the new structure. The guarantee agreement must: (a) Contain a covenant to construct the proposed structure by a specific date in accordance with architectural drawings approved by the City through the Certificate of Design Compliance process; (b) Require the owner or construction contractor to post a performance and payment bond, letter of credit, escrow agreement, cash deposit or other arrangement acceptable to the Director to ensure construction of the new structure; and (c) Be approved as to form by the City Attorney. vii. Approval of a Certificate of Design Compliance for the proposed new structure, if applicable. 3. Site Plan The applicant must provide a post demolition site plan addressing what will be developed on the site after the demolition or relocation and provide verification that they are financially able to complete the development. 4. Relocation in Historic District If the structure is moved to a site within the historic district: a. Assess the architectural compatibility of the relocated structure with adjacent buildings according to the guidelines for new construction. b. Review the proposed siting, setback, landscaping, and other site-specific treatments according to pertinent guidelines. Ordinance Number: t r Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 55 of 82 30 EXHIBIT A Ensure that the relocation will not damage existing historic buildings or the character of the district. d. Receive HARC approval of the CDC for the new location, if required. S. Other Evidence Requested Any other evidence the HARC, City Council, or Director requests. 6. Other Applicant Information Any other evidence the property owner wishes to submit. 7. Homeowners When a resident homeowner is unable to meet the requirements set forth in this Section due to a financial hardship, then HARC, at its own discretion, may waive some or all of the required information and/or request substitute information that a resident homeowner may obtain without incurring costs. If HARC cannot make a determination based on information submitted and an appraisal has not been provided, then HARC may request an appraisal be made by the City. 8. Standing Subcommittee for Submission Requirements HARC shall appoint a standing Subcommittee to meet with staff and applicants for proposed demolitions to determine the submission requirements. These meetings shall take place as part of the City's typical Pre -Application meeting process. Staff will advise the Subcommittee of any scheduled meetings related to demolition or relocation requests; however, if the Subcommittee is not present at the meeting, staff has the authority to determine the submission requirements. E. Completeness Determination Upon submission of an application, the Director shall determine whether the application is complete, as described in Section 3.02.040. F. Staff Review Once a Certificate of Design Compliance has been initiated and the application deemed complete, the Director shall review the application for consistency with any applicable criteria for approval. 1. Administrative Determination The following applications will be reviewed administratively: a. Landscaping; b. Residential fences; c. Exterior Paint Colors - Residential properties in the Downtown Overlay; and, d. Demolition of a non -historic accessory structure. 2. Exterior Signage A Certificate of Design Compliance for exterior signage shall be reviewed by a standing Subcommittee appointed by the Historic and Architectural Review Commission for this purpose. This Subcommittee may approve the Certificate if it determines that the application is consistent with the design guidelines. This does not preclude the submission of any Certificate of Design Compliance application to the full commission for review if the Subcommittee believes that such a review is warranted. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 56 of 82 3. General Criteria a. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. b. The Director may assign staff or consultant to review the application and make a preliminary report to the Director. c. The Director's report may include a recommendation for final action. G. Economic Review Panel HARC shall approve an ad hoc three-person economic review panel, whose task is to review the financial portions of applications of no economically viable use of the property. The review panel shall consist of three persons knowledgeable in the local real estate economy, renovation, and redevelopment. 1. Restrictions on Review Panel The review panel may not be: a. A person with financial or personal interest in the property. b. An employee of the applicant. c. A City employee. d. A member of HARC. 2. Selection of Review Panel The economic review panel must consist of: a. One person appointed by the City Council upon recommendation of the HARC, and b. One person selected by the property owner, and c. One person shall be selected by the first two appointees. If the first two appointees cannot agree on a third appointee within 10 days of receipt of the application by the Director or designee, then the Director will select the third appointee with preference given to a representative of the Texas Historical Commission. 3. Economic Review Panel Hearing Within 45 days of appointment, the economic review panel shall review the application, hold a hearing and forward its recommendation on to HARC. 3.13.030 Criteria for Approval - General The HARC shall determine whether to grant a Certificate of Design Compliance based on the following criteria: A. The application is complete and the information contained within the application is correct and sufficient enough to allow adequate review and final action. B. Compliance with any design standards of this Unified Development Code. C. Compliance with the adopted Downtown Design Guidelines, as may be amended from time to time, specific to the applicable Historic or Overlay District. D. The integrity of an individual historic structure is preserved. Ordinance Number: —I Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 57 of 82 EXHI BR A E. New buildings or additions are designed to be compatible with surrounding historic properties. F. The overall character of the Historic or applicable Overlay District is protected. G. Signs that are out of keeping with the adopted design standards, and are not in character with the site or landmarks within the Historic or applicable Overlay District in question will not be permitted. H. The following may also be considered by the HARC when determining whether to approve a Certificate for Design Compliance: 1. The effect of the proposed change upon the general historic, cultural, and architectural nature of the site, landmark, or District. 2. The appropriateness of exterior architectural features, including parking and loading spaces, which can be seen from a public street, alley, or walkway. 3. The general design, arrangement, texture, material, and color of the building or structure and the relation of such factors to similar features of buildings or structures in the District, contrast or other relation of such factors to other landmarks built at or during the same period, as well as the uniqueness of such features, considering the remaining examples of architectural, historical, and cultural values. 3.13.040 Supplemental Criteria - Demolition or Relocation Approval In determining whether to issue a Certificate of Design Compliance for demolition or relocation, HARC, and, on appeal to City Council, shall consider the following criteria, in addition to the criteria specified above. A. The uniqueness of the structure as a representative type of style of architecture, historic association, or other element of the original designation criteria applicable to such structure or tract. B. The condition of the structure from the standpoint of structural integrity and the extent of work necessary to stabilize the structure. C. Status of the structure under Chapter 15 of the Georgetown City Code containing Building Safety Standards and rules governing Dangerous Buildings. D. The HARC shall deny the application for demolition or removal unless it makes the following findings: 1. For a request to replace a structure with a new structure, it finds: a. The new structure is more appropriate and compatible with the historic overlay district than the structure to be demolished or relocated. b. The owner has the financial ability and intent to build the new structure. HARC must first approve the CDC, if required, for the new structure before it may consider the request for demolition or removal. 2. For a request to remove or demolish a structure that has no economically viable use, unless it finds: Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 58 of 82 a. The structure is incapable of earning a reasonable economic return unless the demolition or removal is allowed. A reasonable economic return does not have to be the most profitable return possible. b. The structure cannot be adapted for any other use, which would result in a reasonable economic return. The owner has failed during the last two years to find a developer, financier, tenant, or purchaser that would enable the owner to realize a reasonable economic return, despite reasonable efforts to do so. d. HARC shall also consider the economically viable alternatives available to the demolition applicant, including: i. Donation of a part of the value of the subject structure or site to a public or nonprofit agency, including the conveyance of development rights and fagade easement. ii. The possibility of sale of the structure or site or any part thereof, to a prospective purchaser capable of preserving such structure or site. iii. The potential of such structure or site for renovation and its potential for continuing use. iv. The potential of the subject structure or site for rezoning in an effort to render such property more compatible with the physical potential of the structure. The ability of the subject structure or site to produce a reasonable economic return on investment for its owner, provided however, that it is specifically intended that this factor shall not have exclusive control and effect, but shall be considered along with all other criteria contained in this Section. 3. For a request to demolish or remove a structure that poses an imminent threat to public health or safety, unless it finds: a. The structure is a documented major and imminent threat to public health and safety. b. The demolition or removal is required to alleviate the threat to public health and safety. c. There is no reasonable way, other than demolition or removal, to eliminate the threat in a timely manner. 4. For a request to demolish or remove a structure that is noncontributing to the historic overlay district, unless it finds that: a. The current structure is noncontributing to the historic overlay district. b. The structure is newer than the period of significance for the historic overlay district and is not historically significant. c. Demolition of the structure will not adversely affect the historic character of the property or the integrity of the historic overlay district. 5. For a request to demolish, replace, or relocate a structure for special circumstances, it finds: a. The new structure is more appropriate and compatible with the historic ovelay district than the structure to be demolished or relocated. Ordinance Number: o61'� - f ip Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 59 of 82 n 14 EXHIBIT A b. The owner has the financial ability and intent to build the new structure. HARC must first approve the CDC, if required, for the new structure before it may consider the request for demolition or removal. 3.13.050 Criteria for Delayed Demolitions or Removals If a CDC has been delayed pursuant to Section 3.13.010.D.2, the applicant shall address each of the following criteria for HARC consideration prior to returning to the HARC for CDC approval, if the information has not been previously submitted: A. If the applicant has not already provided the information, they shall provide professional documentation regarding the condition of the structure from the standpoint of structural integrity and the extent of work necessary to stabilize the structure, including a financial summary. B. If the applicant has not already provided the information, they must provide a site plan addressing what will be developed on the site after the demolition or removal and provide verification that they are financially able to complete the development. C. The applicant must attend a meeting and an additional site walkthrough with the Preservation Officer and at least one designated Historic Commissioner within three months after the start of the delay period. D. The applicant shall be required to provide proof that there was public notification (online and/or newspaper listing) offering the donation or the sale of the structure or materials no later than 30 days into the delay period. The notification format must be approved by the Director prior to such notice being placed. E. The applicant shall provide proof that any state or federal demolition requirements have been met, if applicable (state or nationally registered structures), prior to the end of the delay period. F. HARC may require additional conditions be met during the delay period 3.13.060 HARC Final Action A. The HARC shall review the application, the Director's report, conduct a Hearing in accordance with the HARC's established procedures and state law, and take final action on the application within 45 days of the application Hearing unless the applicant agrees to extend the time. B. For applications to request demolition or relocation of a structure because no economically viable use of the property exists, HARC shall hold a public hearing within 45 days of the date the Director receives the completed application. The purpose of this public hearing is to select the HARC's appointee to the economic review panel. The proposed appointee shall be forwarded to City Council at their next available meeting for confirmation. If the Council does not agree with the selected appointee, it shall designate the panel representative for HARC. C. HARC shall hold a public hearing within 45 days of the hearing held by the economic review panel, and approve or deny the request for demolition because of no econonucally viable use of the property exists. D. An application before the HARC shall be considered approved by a majority vote of all members of the HARC. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 60 of 82 U 3.13.070 After Approval of a Demolition or Relocation A. Once a CDC for demolition has been approved the following shall be required: 1. A permanent record of a significant structure before demolition. The record shall consist of black and white photographs and other documents, such as drawings, that describe the architectural character and the special features of the building. As part of the demolition approval process, HARC determines on a case-by-case basis the precise documentation of a specific building that is required and the person who is responsible for producing that documentation. The documentation must be submitted for review by the Historic Preservation Officer before the demolition. 2. The removal of all salvageable building materials before demolition is encouraged, and may be required depending on the significance of the building. The applicant shall work with the Historic Preservation Officer to identify salvageable materials and potential buyers or recipients of salvaged materials. After that meeting, the applicant shall prepare a salvage strategy for reuse of building materials deemed valuable by the Historic Preservation Officer for other preservation and restoration activities, which shall be submitted for the Historic Preservation Officer's review and approval. 3. Clear the structure quickly and thoroughly. 4. Plant the site or appropriately maintain it until it is reused. If the site is to remain vacant for over one year, it should be improved to reflect an appearance consistent with other open areas in the district. B. Once a CDC for removal has been approved the following shall be required. 1. Document original site conditions before moving the structure. Use photographs and other written or graphic items such as site plans to record the original setting, which as documentary evidence shall be submitted to the Historic Preservation Officer. 2. Applicant shall prepare for the Historic Preservation Officer a salvage strategy for reuse of building materials deemed valuable by the Historic Preservation Officer for other preservation and restoration activities. 3. Assess the structural condition of the building before moving it, to minimize damage during the move. 4. Work with contractors experienced in successfully moving historic structures. S. Protect the building from weather damage and vandalism during the relocation. 3.13.080 Certificate and Compliance Inspections A. It shall be the responsibility of the Director to issue the actual Certificate of Design Compliance following approval by the HARC, with any designated conditions, and to maintain a copy of the Certificate of Design Compliance, together with the proposed plans. The Certificate shall be forwarded to the Building Official. These shall be public documents for all purposes. B. Work performed pursuant to the issuance of a Certificate of Design Compliance shall conform to the requirements of the Certificate. In the event that work is not in compliance, the Building Official shall issue a stop work order and/or citation as prescribed by ordinance. Ordinance Number: (> Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 61 of 82 3�3 f:*AA;i1:11x.1 3.13.090 Limits on Resubmission No application for the same project shall be considered within 180 days of the rejection or disapproval by the Historical and Architectural Review Commission of an application. The applicant may submit a design for an entirely new project or a revised design that substantially responds to the reasons for denial as set forth by the Historical and Architectural Review Commission at any time. 3.13.0100 Expiration A. A CDC, except as noted below, expires if the work authorized by the CDC is not commenced within 365 day -,24 months from the date of the final action to approve the request. In the case of a phased project, after the initial phase is complete or a Certificate of Occupancy has been issued, each subsequent phase shall commence within 369 day6-Z4 months of the completion or Certificate of Occupanc_y_of the prior phase. The Historic Preservation Officer may extend the time commencement of work upon written request by the applicant. B. A CDC for demolition or removal expires if a Demolition Permit has not been issued within 180 days or, if a permit is not required, the work authorized by the CDC is not commenced within 180 days from the date of the final decision to approve the request. The Historic Preservation Officer may extend the time for commencement of work upon written request of the applicant. 3.13.0110 Appeals A person aggrieved by a final action on a Certificate of Design Compliance may appeal to the City Council, pursuant to the procedures set forth below. Such appeal shall be submitted to the Director within 30 days of the final action. Appeals from an administratively issued Certificate of Design Compliance will be processed through the Historic and Architectural Review Commission, subject to the procedures established for new applications. Such appeal shall be submitted to the Director within 15 days of the administrative action. A. Appeal Hearing The Hearing shall be set for the next available City Council meeting, subject to the provision of public notification. Notification shall be provided in the same manner as the initial Certificate of Design Compliance. B. Burden of Proof in Appeals When an appeal is taken to the City Council, the Historic and Architectural Review Commission's action is presumed to be valid. The person filing the appeal shall present sufficient evidence and have the burden to justify a reversal of the action being appealed. C. Findings and Conclusions All findings and conclusion necessary to the appeal decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a Court of Law) will be preferred whenever reasonably available, but in no case may 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. In exercising its authority, the City Council may reverse or affirm, in whole or in part or modify the Commission's order, requirement, decision, or determination from which an appeal is taken and make the correct order, Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 62 of 82 requirement, decision, or determination, and for that purpose the City Council has the same authority as the Historic and Architectural Review Commission. D. Decision on Appeal The City Council shall review the application, the Director's report, conduct a Hearing in accordance with the Council's established procedures and state law, and take final action on the appeal. It shall require a concurring vote of a majority of the City Council members present to overturn an Historic and Architectural Review Commission decision on a Certificate of Design Compliance. Section 3.14 Appeal of an Administrative Decision 3.14.010 Effect of Appeal Pursuant to the authority granted to the City by the Texas Local Government Code Chapter 211, the City Charter, the City Council and this Code, the Zoning Board of Adjustment may hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Code pursuant to Table 2.01.020 and Section 2.04. Pursuant to the authority granted to the Planning and Zoning Commission by the Texas Local Government Code Chapter 212, the City Council and this Code, the Commission may hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Code pursuant to Table 2.01.020 and Section 2.05. However, if an aggrieved person is appealing a final action that was disapproved, only the basis for disapproval may be appealed. In addition, a person may not appeal a denial for the purpose of continuance (an extension agreed to by the applicant and the Director) or a determination that an application is not complete. 3.14.020 Appeal Procedures A. Initiation Within 30 days after the date of the administrative decision, appeal of an administrative decision may be initiated by any person aggrieved by the administrative decision or any officer, department, board or bureau of the City affected by the decision. B. Content of Notice of Appeal The notice of appeal must specifically set forth all grounds for appeal. C. Effect of Appeal An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the Board the facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record, after notice to the official and if due cause is shown. 3.14.030 Review Criteria The Zoning Board of Adjustment or Planning and Zoning Commission considers whether the Director of Planning and Development or other administrative official's action was appropriate considering the Ordinance Number: w I;)--# Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 63 of 82 A 3y EK IBU A details of the case and the requirements contained in this Unified Development Code. The Board or Commission will make its decision based on this Unified Development Code and the information presented to the Board or Commission by the applicant and the Director or other Administrative Official. A. Appeal Hearing The Zoning Board of Adjustment or Planning and Zoning Commission shall set a reasonable time for hearing the appeal and shall give notice to the parties and to the public. Each appeal must be heard by at least 75% of the members of the Board or Commission. B. Burden of Proof in Appeals When an appeal is taken to the Zoning Board of Adjustment or Planning and Zoning Commission, the Director'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 Director may present evidence and argument to the contrary. C. Findings and Conclusions All findings and conclusions necessary to the permit or appeal decision shall be based upon reliable evidence, Competent evidence (evidence admissible in a Court of Law) will be preferred whenever reasonably available, but in no case may 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. In exercising its authority, the Board or Commission may reverse or affirm, in whole or in part or modify the Administrative Official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board or Commission has the same authority as the Administrative Official. 3.14.040 Decision on Appeal The Board or Commission shall review the application, the Director's report, conduct a Hearing in accordance with the Board's or Commissions established procedures and state law, and take final action on the application. It shall require a concurring vote of three-fourths vote of all members of the Zoning Board of Adjustment or Planning and Zoning Commission to overturn an administrative decision. Section 3.15 Variance and Special Exception 3.15.010 Applicability A. Variance In accordance with the provisions of the Texas Local Government Code Chapter 211 and 231, the Zoning board of Adjustment (board) shall have the authority to hear and grant requests for a Variance from the zoning provisions of this Unified Development Code. A Variance to the development standards of this Code shall be considered an exception to the regulations, rather than a right. Waivers of the standards required for plat approval are not considered Variances and must be requested from the Planning & Zoning Commission during the subdivision review process. Ordinance Number: Description: 2011-2012 UDC Amendments, Rotmd 1, Chapter 3 Date Approved: March 27, 2012 Page 64 of 82 EXHIM A Any Variance request up to 10 percent (10%) of any minimum or maximum measurement required by this Code may be treated as an Administrative Exception if the Director agrees to act on the Administrative Exception. B. Special Exceptions In accordance with the provisions of the Texas Local Government Code Chapter 211, the Zoning Board of Adjustment shall also have the authority to hear and decide Special Exceptions to the terms of this Code when the Code requires the Board to do so. 3.15.020 Variance and Special Exception Process A. Initiation Initiation of a request for a zoning Variance or Special Exception may be made upon application by the property owner of the affected property or their authorized agent. B. Application Application for a Variance or Special Exception must comply with the UDC Development Manual. Applications must include all materials determined necessary by the Director. C. Completeness Determination Upon submission on an application, the Director shall determine whether the application is complete, as described in Section 3.02.040. D. Staff Review 1. Once an application for a Variance or Special Exception request has been received and the application deemed complete, the Director shall review the application, considering any applicable criteria for approval, and prepare a report to the Zoning Board of Adjustment. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application and make a preliminary report to the Director. 4. The Director's report may include a recommendation for final action. E. Notice and Hearing 1. The Zoning Board of Adjustment shall hold a public hearing for consideration of the Variance or Special Exception request no later than 45 calendar days after the date of the application is filed. 2. Written notice of the public hearing for a Variance or Special Exception shall be provided as set forth in Sections 3.03 and 4.09.040 of this Code. 3. The applicant may appear at the hearing in person or by agent or attorney. 3.15.030 Criteria for Variance Review A. Required Findings The Zoning Board of Adjustment may authorize a Variance from the requirements of the zoning provisions of this Unified Development Code if the variance from the terms of the zoning Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 65 of 82 <f EXHIBIT A provisions is not contrary to the public interest and, due to special conditions, a literal enforcement of the requirements would result in unnecessary hardship, so the spirit of this Code is preserved, and substantial justice done. No Variance shall be granted unless the ZBA 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 Unified Development Code will deprive the applicant of the reasonable use of their 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. No 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. 3. Other Property That the conditions that create the need for the Variance do not generally apply to other property in the vicinity. 4. Applicant's Actions That the conditions that create the need for the Variance are not the result of the applicant's own actions. S. Comprehensive Plan That the granting of the Variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code. 6. 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. 7. Insufficient Findings The following types of possible findings do not constitute sufficient grounds for granting a Variance: a. That the property cannot be used for its highest and best use. b. That there is a financial or economic hardship. c. That there is a self-created hardship by the property owner or their agent. Lt. 11ML iiic ucvcivF11LC1ii UvJc�uvca vi Mc: YiuYciLy tJvviici aic vi wiii vc iiLLD uaMU. B. Limitations The Zoning Board of Adjustment may not grant a Variance when the effect of which would be any of the following: 1. To allow the establishment of a use not otherwise permitted in the applicable Zoning District. 2. To increase the density of a use above that permitted by the applicable District. 3. To extend physically a nonconforming use of land. Ordinance Number: ' Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 66 of 82 E XH181T A 4. To change the Zoning District boundaries shown on the Official Zoning Map. C. 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. D. Limitation on Variances for Signs No Variance for a sign may increase the overall permitted area of a sign. Sign -related Variances may only be granted, in accordance with this Section, for height or other location restrictions. No Variance application(s) shall be accepted for prohibited signs listed in Section 10.04 ("Signs Prohibited Under this Code"). E. Variances from Floodplain or Stormwater Management Regulations The ZBA may not approve a Variance from floodplain or stormwater management regulations. The Planning and Zoning Commission shall hear and decide a Variance request from floodplain or stormwater management regulations. The Commission shall use the process and criteria outlined in Section 3.15 for making its decision on a floodplain or stormwater management regulation Variance. 3.15.040 Criteria for Special Exception Review If authorized by this Code, the Zoning Board of Adjustment may grant a Special Exception from the requirements of the certain provisions of this Unified Development Code, if the Special Exception is not contrary to the public interest and the spirit of this Code is preserved and substantial justice done. No Special Exception shall be granted unless the ZBA finds the specific criteria identified in this Code are met. The only Special Exceptions that may be granted by the Board are for the following: • Residential Setback Modifications pursuant to Section 4.09.040 and 6.06.010.D • Time Extension for an Abandoned Nonconforming Use, pursuant to Section 14.01.060.B.7 • Expansion of Nonconforming Use, pursuant to Section 14.02.050 • Right to Continue Nonconforming Use after destruction or damage, pursuant to Section 14.02.060.A • Abandonment of a Nonconforming Structure Determination, pursuant to Section 14.04.050 ■ Expansion of a Nonconforming Structure, pursuant to Sections 14.04.080.B & C • Abandonement of a Nonconforming Site, pursuant to Section 14.05.050 • A setback exception, ursuant to Section 14.05.050.D • Expansion of a Nonconforming Site, pursuant to Sections 14.05.080.B & C 3.15.050 Expiration of Variance -and -Special Exception A. Variance Variance approval shall ex ire 24 months from the date of ZBA a royal unless a Building Permit has been issued and construction commenced or, if no Building Permit is required, a Certificate of Occupancy has been issued. Ordinance Number: =')O 101 -- Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 67 of 82 EXHIBfr A B. Special Exception A Special Exception shall expire twelve -24 months from the date of Board approval, unless: 1. A ete-Building Permit application has been issued and construction commenced or, if no Building Permit is required, a Certificate of Occupancy has been issued. 2. The Board approval extended the VweWt-24 month expiration date and provided for an alternative expiration; however, in no case shall the expiration date exceed 24,36 months. Section 3.16 Administrative Exception 3.16.010 Applicability A. Tn order to provide a method, to correct human error, allow for minor numerical adjustments, or consider alternative design schemes for particular development standards of this Code, Administrative Exceptions may be permitted. Administrative 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; and 3. Consistent with the purposes of this Code. B. Administrative Exceptions shall comply with all other provisions of this Code not specifically relieved by the Administrative Exception. Administrative Exceptions expressly permitted in this Section may be approved only if meeting the criteria provided in Section 3.16.030. C. The Director or the Building Official is responsible for final action on Administrative Exceptions. D. An appeal of an Administrative Exception may be made to the Zoning Board of Adjustment in accordance with the rules and authority granted thereto. 3.16.020 Applicability A. The Director or Building Official shall have the authority to determine that the language or a particular development standard in this Code is incorrect, unclear, or otherwise in error and authorize an adjustment or interpretation to correct such error as necessary. B. The Director or Building Official shall have the authority to consider and authorize an adjustment up to 10% of any numerical standard set forth in this Code, with the following exceptions: 1. A request for an increase in the number of units permitted on a lot or parcel does not qualify for an Administrative Exception. 2. Any numerical standard set forth in this Code that has been previously adjusted by way of a City board or commission, Special Exception, Special Use Permit, or other similar process may not be eligible for an Administrative Exception. Accordingly, any adjustment made in conformance with this Section may not be allowed further adjustment by any other process allowed in this Code. 3. Any consideration of a numerical adjustment greater than 10% shall require a request for a Variance, per the terms of Section 3.15 of this Code. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 68 of 82 A C. The Director or Building Official shall have authority to consider alternative design plan(s) or other uses or requirements for the following situations: 1. Courthouse View Overlay Height Exception (per Section 4.12.040) 2. Alternative Residential Boundary Wall (per Section 8.07.060) 3. Alternative Building Design Plan (per Section 7.04.070) 4. Alternative Landscape Standards (per Section 8.05.050) S. Alternative Parking Plan (per Section 9.02.050) 6. Alternative Sign Plan (per Section 10.01.090) 7. Alternative Fences (per Section 8.07.080) S. Change of Use per Section 14.02.030) 9. ExDanslon of Nonconforming Uses (per Section 14.02.050) 10. i'ostponement of Regtiired .Improvemepts (per Section 14.05.070] 3.16.030 Approval Criteria To approve an application for an Administrative Exception, the Director or Building Official must determine that the following criteria are met: A. That granting the Administrative Exception serves an obvious and needed purpose. B. That granting the Administrative Exception will ensure an equal or better level of design or land use compatibility as the otherwise applicable standards. C. That granting the Administrative Exception will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development. D. That granting the Administrative Exception will be consistent with the purposes and intent of this Unified Development Code 3.16,040 Expiration of Administrative Exception The Administrative ExLvI2 tion sha11 expire if the com anion app] ication ex ires acco rd i ng the specified expiration in this Chapter, or if the Administrative Exception is a stand alone application if the associated project is not utilised within 24 months of a roval in a manner consistent with the approval. Section 3.17 Stormwater Permit 3.17.010 Applicability A Stormwater Permit is required prior to any land disturbance, as defined in Section 16.02, within the City limits or the City's extraterritorial jurisdiction to ensure conformance to the stormwater management provisions and other applicable requirements of this Unified Development Code. Approval of a Site Plan within the City Limits constitutes approval of a Stormwater Permit for that specific development. The provisions of this Section related to Stormwater Permitting are adopted pursuant to the authority conferred by the U.S. Environmental Protection Agency, the Texas Ordinance Number: O IA • Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 69 of 82 3.7 EXHIOff A Commission on Environmental Quality, The Texas Local Government Code Chapters 211 and 212, and the City Charter. 3.17.020 Review Process Review of a Stormwater Permit shall follow the procedure set forth in Section 3.03.040. 3.17.030 Criteria for Approval A. The applicant must ensure that the application for a Stormwater Permit was prepared or reviewed, approved, and sealed by a Professional Engineer licensed in the State of Texas prior to submission to the City, and that the application meets the requirements of the UDC Development Manual. B. A Stormwater Permit will be issued after the Drainage Engineer has determined that the development meets the stormwater and pollution management requirements of Chapter 11. C. A Stormwater Permit is conditional upon all applicable related permits required from the Texas Commission on Environmental Quality, the U.S. Environmental Protection Agency or any other state or federal agency being issued by that agency. 3.17.040 Responsibility for Final Action The Drainage Engineer is responsible for final action on Stormwater Permits. 3.17.050 Expiration A Stormwater Permit shall expire 424 months after the date that the permit was issued if the stormwater facilities are not constructed in a manner consistent witli the pe rmit. Section 3.18 Sign Permit 3.18.010 Applicability No sign may hereafter be erected, moved, added to or structurally altered within the City or the extraterritorial jurisdiction without a permit issued by the Building Official in conformity with the provisions of this Section. No Building Permit issued under the provisions of this Code for signs shall be considered valid unless signed by the Building Official. The provisions of this Section relating to Sign Permits are adopted pursuant to the Texas Local Government Code Chapters 211, 214, 216, and the City Charter. 3.18.020 Review Process Review of a Sign Permit shall follow the procedures set forth in Section 3.03.040. 3.18.030 Criteria for Approval In addition to the general criteria for approval of administrative procedures in Section 3.03.040.D.1, the Building Official shall base the final action on the following criteria: A. Whether the intended sign conforms in all respects with all applicable regulations and standards of this Unified Development Code and any applicable construction or safety standards of the City's adopted building Code. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 70 of 82 U B. 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 conform in all respects to the Development Agreement or ordinance. 3.18.040 Responsibility for Final Action A. The Building Official is responsible for final action on sign permits. B. Appeals of Building Official actions regarding sign -related Building Permits are considered by the Zoning Board of Adjustment and must follow the standard appeal of an administrative decision procedure described in Section 3.14. 3.18.050 Expiration A Sign Permit shall expire six months after issuance if the sign is not constructed in a manner consistent with the permit. Section 3.19 Driveway Permit 3.19.010 Purpose The purpose of a driveway permit is to determine the safety, mobility, and operational impacts that a proposed access connection will have on the roadway system. 3.19.020 Applicability Driveway Permits are required for the following: A. New driveway locations on roadways within the jurisdictional limits of the City of Georgetown; B. Existing driveways on roadways within the jurisdictional limits of the City of Georgetown for those developments which represent a change in property usage or zoning. C. For the purposes of this Section the jurisdictional limits of the City of Georgetown shall include properties within the municipal limits of the City as well as the Extraterritorial Jurisdiction (ETJ). 3.19.030 Pre -Application Conference Pursuant to Section 3.02.010, a Pre -application Conference is required prior to the issuance of a permit application. 3.19.040 Review Process Review of a Driveway Permit shall follow the Administrative Review procedures set forth in Section 3.03.040, subject to the Criteria for Approval set forth below. 3.19.050 Criteria for Approval No Driveway Permit will be denied unless it is determined by the Development Engineer that the proposed location of the driveway will have an adverse effect upon the public safety. In making this determination the following will be evaluated: A. Existing driveways; Ordinance Number: O Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 71 of 82 32r U B. Land use (including but not limited to the intensity of development and trip attraction / generation potential, mix of vehicles, and turning movements); C. Function of public street (including but not limited to the number of lanes, medians, median openings, vertical and horizontal curvature, sight distance, operating speeds, traffic volumes, entrance / exit ramps, and frontage roads); D. The location of nearby streets and driveways; E. The site plan (including but not limited to on-site circulation, delineation of the intended paths, parking stalls, location of buildings, location of loading areas); F. Actual or anticipated excessive increase in vehicular traffic being routed onto streets occurring as a result of any such permit; G. Physical constraints on the site including topography and site distance(s); H. Unusual lot configurations; I. Potential traffic movements which are unsafe or have an adverse effect on traffic operations; 3. Joint access at the time of subdivision or site plan approval for abutting lots which have insufficient frontage to allow a driveway approach for each lot; and K. That strict enforcement of the criteria for approval would result in a denial of access for the site. 3.19.060 Submission Requirements The Development Engineer will determine during the Pre -application Conference if further studies will be required. Such studies may include, but shall not be limited to, the following: A. Engineering Study 1. An Engineering Study may be required based upon the determination of the Development Engineer. In all cases the City will require only those elements of an engineering study that are necessary to answer the specific questions that arise during the review process. The engineering study shall conform to standard engineering practices and must be sealed by a Professional Engineer licensed in the State of Texas. The Development Engineer will review the following information in the determination to require an Engineering Study: a. Compliance with the minimum spacing requirements of this Code; b. Deceleration or acceleration lane required; c. Traffic volumes and classification of the intersecting street at the proposed driveway location; d. Sight distance or physical obstructions and / or constraints that will result in a safety problem; y e. Environmental or hydraulic issues associated with the proposed driveway(s); and f. Lot configuration. 2. An Engineering Study shall contain the following information: a. Trip Generation based upon the latest edition of the ITE Trip Generation Manual unless there is acceptable data that supports the use of another trip generation source. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 72 of 82 MIBIT A b. Trip Distribution, to be performed with input from the City. c. Traffic assignment to determine the forecasted turning movements attributable to the proposed development. d. Traffic volumes if determined by the Development Engineer and subject to the following criteria: i. The existing traffic counts will be grown using an annual growth rate as agreed to by the City to the build -out year of the proposed development; ii. The resulting traffic volumes will be used as background traffic volumes, and the assigned forecasted turning movements will be added to the background traffic volumes resulting in the total traffic volumes; and iii. The total traffic volumes will be used to determine the need for left -turn and right - turn lanes. B. Traffic Impact Analysis (TIA) 1. A TIA may be required based upon the determination of the Development Engineer. In all cases the City will require only those elements of a TIA that are necessary to answer the specific questions that arise during the permitting process. 2. A TIA shall contain the following information: a. All of the information outlined in Section 3.19.060.A.2 above. b. Operational analysis (Level Of Service, Capacity, etc.) for the determined study intersections. c. Recommendations for mitigation measures should the impact of the proposed access point(s) result in unacceptable levels of service. 3.19.070 Responsibility for Final Action The Development Engineer is responsible for final action on driveway permits. 3.19.080 Expiration A driveway permit will expire 4-18 months after issuance if the driveway is not constructed in a manner consistent with the permit. Section 3.20 Development Agreement 3.20.010 Applicability A. An application for a Development Agreement seeking to modify or delay certain requirements of this Code (including any Manuals adopted by reference by this Code) and/or any other provisions of the City Code of Ordinances in order to present an alternative plan for development that could not otherwise be accomplished under this Code or the Code of Ordinances may be filed in accordance with the terms and conditions of this Section. B. This Section shall apply to any new Agreement and any amendments thereto, as well as to any Amendments to an existing Development Agreement, agreements regarding Municipal Utility Districts or any other Special Districts as defined in Section 13.10 of this UDC. Ordinance Number: r9O 1A -- Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 73 of 82 3.20.020 Review Process A. Initiation Initiation of a Development Agreement or an Amendment may be made upon: 1. Application of a property owner or their authorized agent; 2. Recommendation of the City Council; 3. Recommendation of the Planning and Zoning Commission or appropriate board or commission; or 4. Recommendation of the Director. B. Application and Completeness Determination Applications shall be reviewed by a Development Agreement Committee ("Committee:/which shall be designated by the Director at the time of application to determine the necessary staff for the particular application. The Committee will be established based on the functional areas needed in order to appropriately respond to the request being considered. The Pevelopmeot nn ,�•.,�eer,R•..,,,,,t Committee may consist of the City's Development Engineer, City Attorney, Finance Director, Community Development Director, Planning Director, Planner(s), Systems Engineering Director, Georgetown Utility Systems representative(s), their designees or any other staff assigned to the EommitteeCommittee. The Pere'-..,. ffient ".._...._.. eRt Committee shall determine completeness of the application no more than 15 working days following submittal of the application. At that time, the Committee shall also assign staff hourly rates, a payment schedule, and determine if the application is consistent with City policies and advances a legitimate City interest; otherwise, the Committee may reject the application based on such criteria. C. Staff Review 1. The Development Arfeement Committee shall review the application, consider the Approval Criteria, and assign a Project Manager to lead the review and prepare a report to the Planning and Zoning Commission and/or appropriate board or commission and City Council. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and State statute. 3. The Project Manager's report may include a recommendation for final action. D. Public Notice Public Notice, in the form of Mailed, Published, and Posted Notice, shall be required per the notice provisions of this Code, unless the agreement or amendment thereto is determined by the Committee to be minor. inconsecruential. or otherwise unnecessary for public notice and Dublic hearings. If notice is required, the Committee shall determine the location and the extent of the notice based on the type and effect of the proposed amendment. E. Board or Commission Review d- The Planning and Zoning Commission or other appropriate board or commission shall hold a Public Hearing, unless determined unnecessary by the Committee, and make a recommendation to the City Council. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 74 of 82 EXHIBIT A F. City Council Final Action 1. The City Council shall hold a Public Hearing, unless determined unnecessary by the Committee, and may take final action on the proposed Development Agreement or amendment. 2. The Development Agreement or amendment shall become effective in the manner provided by the City Charter or State Law. 3. All outstanding application, staff, and legal fees must be paid in full to the City prior to the adoption of the agreement or amendment. 3.20.030 Approval Criteria In determining whether to approve, approve with modifications or disapprove a proposed Development Agreement or amendment, the City Council shall consider the following matters: A. The proposed agreement promotes the health, safety or general welfare of the city and the safe orderly, and healthful development of the city. B. The proposed agreement is consistent with the Comprehensive Plan. Section 3.21 License to Encroach 3.21.010 Purpose The purpose of a License to Encroach is to determine the potential impacts of proposed improvements, structures, facilities, and encroachments into a public street, roadway, sidewalk, right-of-way, or easement in order to maintain their safety, mobility, and operational functionality. 3.21.020 Applicability A. A License to Encroach, in the procedures provided for in this section, is required for the following: 1. New improvements, structures, facilities, and encroachments into a public street, roadway, sidewalk, or right-of-way within the city limits and easements located within the city limits or the extra -territorial jurisdiction. 2. Existing improvements, structures, facilities and encroachments into a public street, roadway, sidewalk, or right-of-way within the city limits and easements located within the city limits or the extra -territorial jurisdiction. B. Those improvements, as defined in (A) above, that encroach into a public street, roadway, or sidewalk shall obtain approval from the City Council, in addition to this License. 3.21.030 Pre -Application Conference Pursuant to Section 3.02.010, a Pre -Application Conference is required prior to the application for a License to Encroach. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 75 of 82 EXH181T A 3.21.040 Review Process Review of a License to Encroach shall follow the Administrative Review procedures set forth in Section 3.03.040, subject to the Criteria for Approval set forth below. 3.21.050 Criteria for Approval No License to Encroach will be denied unless it is determined by the Director that the proposed location or type of improvement will negatively impact the function of the public street, roadway, sidewalk, right-of-way, or easement or have an adverse effect upon the health, safety, or welfare of the general public. In making this determination, the following will be evaluated: A. The proposed encroachment into a public street, roadway, sidewalk, right-of-way, or easement by any person shall not interfere with the lawful use thereof. B. Any proposed construction within a public street, roadway, sidewalk, right-of-way, or easement shall be in accordance with this Code, the City's adopted Construction Standards, and any other applicable ordinances and regulations. C. At any time during the construction of any structure within a public street, roadway, sidewalk right-of-way, or easement: 1. The applicable public street, roadway, or sidewalk shall be kept open for vehicular and pedestrian traffic in a reasonable manner and sidewalks shall not be obstructed as to prevent the use thereof by pedestrians; 2. Dirt and other material removed from the construction of any structure within a public street, roadway, sidewalk, right-of-way or easement shall not be allowed to remain on the street or sidewalk and shall be removed immediately at the sole cost, risk, liability, and expense of the Licensee; 3. All excavations and obstructions of any kind that take place during the period of the Licensee's construction shall be properly barricaded and well -illuminated during the night, subject to the approval of the Building Official. 3.21.060 Submission Requirements Staff will determine during the Pre -Application Conference whether further studies will be required. Such studies may include, but are not limited to, an Engineering Study, which may be required at the determination of the Development Engineer. Only the elements of an engineering study that are necessary to answer specific questions that arise during the review process will be required for submittal. 3.2i.070 Responsioiiiiy for Finai wcUon The Director is responsible for final action on Licenses to Encroach. For those requests that encroach into a public street, roadway, or sidewalk the Director may not approve the License to Encroach until approval is obtained from the City Council. 3.21.080 Expiration A. The License shall expire if the encroachment allowed per the license is not installed within 24 months of the date of License approval. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 76 of 82 EXHIBR A BL..The City shall provide written notice at least 180 days in advance to the Licensee, its representatives, successors, or assigns, to take possession of and use all or any part of the licensed area in the event that such use be reasonably desired or needed by the City for street, sewer, transportation, or any other public or municipal use or purpose. During such time, it is the responsibility of the Licensee, its representatives, successors or assigns to remove the encroachment(s). In such an event, the City shall have the right to cancel the revocable license as to that portion of the licensed area so designated and required by the City. Section 3.22 Plat Waiver 3.21.010 Applicability A waiver of the subdivision standards of this Code, as allowed by this Section, may be considered concurrently with a Preliminary, Minor, or Final Plat to address unforeseen circumstances or other difficulties in developing a property under the specific provisions of this Code. A Plat Waiver application may Filed withou t_a compan ion plat appiication in very limited circumstances, as determined by the: Director. Yustification for the Plat Waiver shall be submitted and demonstrated, following the provisions of Section 3.22.070. The Waiver(s) may be approved, conditionally approved or disapproved by the Planning and Zoning Commission. Any approved Waiver(s) shall be noted on the corresponding plat. A Waiver does not constitute nor equal a Variance, the provisions of which are detailed in Section 3.15 of this Code. 3.21.020 Eligible Provisions The provisions of this Code that are considered eligible for a plat waiver are listed below. A request may be made for each specific provision in only these sections: A. Section 6.02.010 B. Section 6.02.030 C. Section 6.02.040 D. Section 7.02.010 E. Section 7.02.030 F. Section 7.02.040 3.22.030 Initiation Initiation of the Plat Waiver may be made upon submittal of a complete application by a property owner or their designated agent. 3.22.040 Application and Completeness Determination The applicant shall submit all of the information required in the UDC Development Manual. The Director is responsible for determining the completeness of an application submitted, pursuant to Section 3.02.040. Ordinance Number: 1 Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 77 of 82 EXHHIBR A 3.22.050 Staff Review A. The Director shall review the application, considering applicable criteria for approval, and prepare a report to the Planning and Zoning Commission. B. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statute. C. The Director may assign staff to review the application and make a report to the Director. D. The Director's report may include a recommendation for final action. 3.22.060 Planning and Zoning Final Action The Planning and Zoning Commission shall consider the Plat Waiver, Director's report, state law, and compliance with this Code, and take final action. 3.22.070 Approval Criteria A Plat Waiver may be approved, conditionally approved, or disapproved. At least three of the following factors are required for approval: A. That the granting of the waiver 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. B. That the granting of the waiver would not substantially conflict with the Comprehensive Plan and the purposes of this Code. C. That the conditions that create the need for the waiver do not generally apply to other property in the vicinity. D. That application of a provision of this Code will render subdivision of the land impossible. 3.22.080 Expiration of Plat Waiver The Plat Waiver(s) shall expire if the Preliminary, Administrative, or Final Plat expires, according to the timing specified in Section 3.08 of this Code. The Plat Waiver(s) shall have no authority beyond the recorded plat note(s). Section 3.23 Heritage Tree Removal Permit 3.23.010 Purpose The purpose of a Heritage Tree Removal Permit is to determine whether such a tree should be removed based on its species, size, location, health, viability and its impact on the overall site design. Heritage Lees SL..11 not Lle r ...1 - _]iLLI I3LL._ %-I�_ iicc� �iiaii iiv� uc icuivvcu vviuivu� iii�l ac�uiiiig dYYiv"v cu oval utc t..i�y. 3.23.020 Applicability A. The provisions of this Section shall apply to all property located within the corporate limits and in the extra territorial jurisdiction (ETJ) of the City of Georgetown. B. The provisions of this Section apply to all development subject to this Code, except as noted below, whether or not there is an active permit for the project. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 78 of 82 EXHI BR' A C. Single-family or Two-family residential lots approved and platted prior to February 13, 2007, are exempt from the requirement of a Heritage Tree Removal Permit. However, Single-family and Two-family lots platted after February 13, 2007 are subject the Heritage Tree protection provisions in Section 8.02, which shall apply to Ctltttthe developer, home builder and homeowner. Notwithstanding the preceding exemption, if a future change of use from a Single-family or Two- family home to any other use triggers a permit under this Code then the provisions of the Heritage Removal Permit will be required. 3.23.030 Pre -Application Conference Pursuant to Section 3.02.010, a Pre -application Conference is required prior to the submission of a permit application, unless the application is part of another project where a Pre -application meeting has already been held or the Urban Forester waives the requirement. 3.23.040 Review Process Review of a Heritage Tree Removal Permit shall follow the Administrative Review procedures set forth in Section 3.03.040, subject to the Criteria for Approval set forth below. 3.23.050 Criteria for Approval No Heritage Tree Removal Permit shall be approved unless it is determined by the Urban Forester or their designee, that the proposed removal is justified, based on the tree species and site conditions of the tree. In making this determination the following will be evaluated: A. Tree speciesi B. Tree size/number of trunksi C. Tree health and viability] D. Tree locations E. Protected and Heritage Trees to remain on site; and F. Whether the project can be developed without tree removal. 3.23.060 Submission Requirements A. Statement of Justification for tree removal. B. Copy of companion plat, Site Plan or concept plan for the permit or authorization that required compliance with this Section. C. Copy of Tree Survey, if applicable. If no Tree Survey exists, location of tree identified, tree type, size, condition, etc. D. A photo of the tree's canopy and trunk, labeled with the corresponding tree number on the companion Tree Survey, shall be submitted with the application for a Heritage Tree Removal Permit. 3.23.070 Responsibility for Final Action A. The Urban Forester is responsible for final action on Heritage Tree Removal Permits. Ordinance Number:4?01�—lffl Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 79 of 82 4a p 1:*:�:_II I 19.1 B. Upon receipt of the application, the Urban Forester shall inspect the subject tree and approve or deny the application in accordance with the provisions of this Section within 10 working days of the date of the application. Upon written request from the owner or the owner(s)'s representative, said date for the Urban Forester's final decision may be extended for a period of up to 15 additional days. If a decision by the Urban Forester would delay construction that is already properly permitted, commenced and in -progress, the Urban Forester or their designee shall approve or deny the application within two working days. C. An applicant may appeal a denial of a Heritage Tree Removal Permit to the City Council. Such appeal must be made in writing and received by the Director within 30 days of the date of the decision on the application by the Urban Forester. The Director shall set the matter for public hearing before the City Council at the earliest possible regularly scheduled meeting of the City Council. The City Council shall review the request and render a decision ei4eraffirming, affirming in part, conditionally affirming or reversing the determination of the Urban Forester. If a Heritage Tree Removal Permit is issued after appeal, pursuant to the provisions of this Code, the applicant must comply with all applicable provisions of this Code, including mitigation. D. If the Urban Forester approves an application for a permit to remove a Heritage Tree, then the applicant shall, no later than 30 days from the date of approval of the application, submit a mitigation or payment of fees -in -lieu calculation and a Mitigation Plan, pursuant to Section 8.05 showing the proposed species, location and irrigation plan for the proposed mitigation trees. E. If the required Mitigation Plan is not submitted within 30 days of the application approval, and the Heritage Tree has not been totally removed, the Tree Removal Permit will be declared inactive and tree removal shall not commence. If the tree removal has taken place within that 30 -day period and the Mitigation Tree Planting Plan has not been submitted, then no additional permits shall be issued for the project associated with the tree removal until the Planting Plan is submitted. 3.23.080 Expiration A Heritage Tree Removal Permit shall remain valid for the longer of: A. The period of validity of the permit or authorization that required compliance with this Section] or B. 180 days from the issuance of the Tree Removal Permit. Section 3.24 Heritage Tree Pruning Permit 3.24.010 Purpose The purpose of a Heritage Tree Pruning Permit is to determine whether such a tree should be pruned and how the pruning shall be performed. Heritage Trees shall not be _pruned without first securing approval from the City. 3.24.020 Applicability A. The provisions of this Section shall apply to all property located within the corporate limits and in the extra territorial jurisdiction (ETJ) of the City of Georgetown. B. A Heritage Tree Pruning Permit shall be required for any pruning of a Heritage Tree located on all properties, including Single-family and Two-family lots platted after February 13, 2007; however, a Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 80 of 82 EMIEIT A Tree Pruning Permit shall only be required during the original home construction. Not withstanding the preceding exemption, if a future change of use from a Single-family or Two- family home to any other use triggers a permit under this Code then the provisions of the Heritage Pruning Permit will be required. 3.24.030 Review Process Review of a Heritage Tree Pruning Permit shall follow the Administrative Review procedures set forth in Section 3.03.040, subject to the Criteria for Approval set forth below. 3.24.040 Criteria for Approval No Heritage Tree Pruning Permit will be approved unless it is determined by the Urban Forester or their designee, that the proposed pruning is justified based on the health or viability of the tree and that the proposed pruning will not negatively impact the health and appearance of the tree. In making this determination the following will be evaluated: A. Reason for pruning request; B. Tree locations C. Percent of canopy to be removedi D. Tree health; and E. Whether an ISA Certified Arborist is going to perform the pruning_ 3.24.050 Submission Requirements A. Statement of Justification for tree pruning. B. Copy of companion plat, Site Plan or concept plan for the permit or authorization that required compliance with this Section. C. A photo (digital or hardcopy) of the tree, labeled with the tree number on the Tree Survey, DBH, species, and contractor's ISA certification number, shall be submitted with the application for a Heritage Tree Pruning Permit. 3.24.060 Responsibility for Final Action A. The Urban Forester is responsible for final action on Heritage Tree Pruning Permits. B. Upon receipt of the application, the Urban Forester shall inspect the subject tree and approve or deny the application in accordance with the provisions of this Section within ten working days of the date of the application. C. An applicant may appeal the denial of a Heritage Tree Pruning Permit to the Director. Such appeal must be made in writing and received by the Director within 30 days of the date of the decision on the application by the Urban Forester. The request for appeal shall set forth the specific reasons for the appeal and state the specific reasons for disagreement with the decision of the Urban Forester, including the basis for the applicant's position that the application should have been granted. The Director shall review the request and render a decision either- affirming, affirming in part, conditionally affirming or reversing the determination of the Urban Forester. Ordinance Number: 9 D Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 81 of 82 `tom EXHIBITA 3.24.070 Expiration The Heritage Tree Pruning Permit shall remain valid for 180 days from date of issuance. Ordinance Number: Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 82 of 82