The text
Sec. 98-80. - General.#
For all development of land within the scope of this chapter, a plan of the development shall be prepared and submitted to the city for approval or disapproval, as provided for in this chapter. (1)
City responsibilities. The city shall administer the provisions of this chapter and in furtherance of such authority, the city shall:
a.
Maintain permanent and current records with respect to this chapter, including amendments thereto.
b.
Receive and file all concept plans, preliminary plats, construction plans, and final plats together with applications therefore.
c.
Forward copies of the preliminary plat, construction plans, and final plat to the county, when the development is located within the city's extraterritorial jurisdiction when requested.
d.
Review all concept plans, preliminary plats, construction plans, amended plats, short form plats and final plats to determine whether such plats comply with this chapter, the master plan, applicable laws, and the zoning ordinance, where applicable.
e.
Forward plans and plats to the commission as required by this chapter, together with its recommendations thereon.
f.
If required, forward plans and plats to the council, together with the recommendations of the commission and city staff.
g.
Make such other determinations and decisions as may be required of the city by this chapter, the commission or the council.
(2)
Interpretation of provisions. In the interpretation and application of the provisions of this chapter, the following regulations shall govern:
a.
In the city's interpretation and application, the provisions of this chapter shall be regarded as minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare. This chapter shall be regarded as remedial and shall be liberally construed to further its underlying purposes.
b.
Whenever both a provision of this chapter and any other provision of this chapter, or any provision in any other law, ordinance, resolution, rule or regulation of any kind contains any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern.
c.
Where there arises a question concerning the meaning or intent of a provision of this chapter, the city is hereby empowered to render a written decision setting forth the exact manner in which said provision shall be interpreted and administered. In the event exception is taken by any interested party to such a decision the matter shall be appealed to the commission, and, as appropriate, to the city council, whose decision shall be final.
d.
Any written decision shall be attached to and made a part of this chapter, until rescinded by amendment of this chapter as provided for herein.
e.
The terms, provisions and conditions of this chapter shall be interpreted and applied in a manner consistent with V.T.C.A., Local Government Code Ch. 212, and, particularly as to property within the extraterritorial jurisdiction of the city, Section 7(c).
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-81. - Voluntary annexation.#
A request for voluntary annexation shall be submitted for any subdivision or development located within the city's ETJ which will impact the city's water and/or wastewater utilities, unless otherwise approved by the city council.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-82. - Variances.#
A variance to the provisions of this chapter shall be considered an exception to the regulations, rather than a right. Whenever a tract to be developed is of such unusual size or shape or is surrounded by development of such unusual conditions that the strict application of the requirements contained in this chapter would result in substantial hardship or inequity, the city council may vary or modify, except as otherwise indicated, such requirement of design as provided for herein, but not of procedure or improvements, so that the developer may improve his/her property in a reasonable manner, but so that, at the same time, the public welfare and interests of the city are protected and the general intent and spirit of this chapter, the master plan and zoning ordinance are preserved in accordance with the following provisions: (1)
Jurisdiction. When a written request for a variance from the design requirements of this chapter is filed:
a.
The planning and zoning commission will review and make a recommendation to the city council if the requested variance does not modify any regulatory requirements of the adopted zoning ordinance. The city council shall then approve or deny the requested variance from the subdivision design requirements.
b.
If the requested variance is to a regulatory requirement of the adopted zoning ordinance (such as lot size, depth, width, etc), application shall be made to the city board of adjustment for consideration.
(2)
Notification. The notification procedures for variance requests shall be the same as the notification procedures described for a concept plan.
(3)
Approval. In granting approval of a request for variance, the commission and council shall conclude that the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this chapter would result in unnecessary hardship, and so that the variance observes the spirit of this chapter and concludes that substantial justice is done. The commission and council shall meet these requirements by making findings that
a.
The public convenience and welfare will be substantially served;
b.
The appropriate use of surrounding property will not be substantially or permanently impaired or diminished;
c.
The applicant has not created the hardship from which relief is sought;
d.
The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property;
e.
The hardship from which relief is sought is not solely of an economic nature;
f.
The variance is not contrary to the public interest;
g.
Due to special conditions, the literal enforcement of this chapter would result in an unnecessary hardship; and
h.
In granting the variance the spirit of the ordinance is observed and substantial justice is done.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-83. - Conditions for issuing a building permit.#
No building permit shall be issued for any new structure or change, improvement or alteration of any existing structure, on any lot or tract of land and no municipal utility service will be furnished to such lot or tract which does not comply with the provisions of this chapter and all applicable elements of the master plan, except as herein exempted or upon written application and approval of a variance.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-84. - Amendments.#
The council may, from time to time, adopt, amend and make public rules and regulations for the administration of this chapter. This chapter may be enlarged or amended by the city council.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-85. - Violations.#
Except as otherwise provided for in this chapter, it shall be unlawful for any person, firm or corporation to develop, improve or sell any lot, parcel, tract or block of land within the city's territorial jurisdiction for other than agricultural purposes, regardless of the size or shape of said lot, parcel, tract or block, unless such lot, parcel, tract or block of land conforms with this chapter.
(Ord. No. 2026-13, § 1, 4-20-26)