§ 35-424. Ministerial Permits or Approvals.

STATEMENT OF PURPOSE

The purpose of this section is to prescribe procedures for permits that do not require quasi-judicial or legislative notice or a public hearing. A public hearing is not required for permits set forth in this section for one (1) or more of the following reasons:

•  If required, public hearings have already been conducted relating to the permit application, and the permit application procedure is designed to ensure that the proposed use complies with a previously approved subdivision plat, master development plan, specific plan, comprehensive plan amendment, or conditional rezoning (e.g., building permit, certificate of occupancy).

•  The proposed use is permitted by right in the applicable zoning district (e.g., building permit, certificate of occupancy).

•  The proposed use is subject to expedited review in order to avoid an unconstitutional prior restraint on speech (e.g., sexually oriented businesses, signs) or because of federal law (e.g., telecommunications permits).

(a)

Generally (Development Permits and Building Permits).

(1)

Applicability. No development or development activity may be undertaken within any incorporated territory of the city unless all development permits applicable to the proposed development are issued in accordance with the provisions of this chapter. Permits are required for all development, unless otherwise excepted, to ensure compliance with the various adopted codes, standards and laws and to ensure consistency with the master plan and policies of the city.

(2)

Initiation. The applicant shall file a complete application for a building permit with the director on a form prescribed by the director. If master development plan review is required in accordance with section 35-412 or 35-413 of this chapter, the approved master development plan shall be submitted with the application for a building permit. An application for a master development plan is available from the department of planning and development services. If the proposed development or development activity is not subject to master development plan review, the building permit application shall include the information required by Appendix "B" to this chapter. The director shall assist the applicant in determining which materials are required for a submittal. Building permit applications are required and available from the department of development services.

(3)

Completeness Review. The director shall review an application for completeness within two (2) working days. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the board of adjustment.

(4)

Decision. When the required materials are submitted to each respective department, the department of development services shall review its application for conformance with applicable building codes and for conformance with this chapter. Within five (5) working days of receipt of a complete application, the director shall approve, approve with conditions, or deny the application for a building permit for purposes of this chapter. Applications which are denied shall have the reasons for denial, in writing, attached to the application. If the director fails to render a decision relating to the building permit application within this time period, the application shall be deemed approved. Such time periods shall not prevent the applicant and the city from agreeing to extend the city's response time contained in this subsection.

(5)

Approval Criteria. The building permit shall be issued by the director only if the application complies with all applicable provisions of this chapter and any approved specific use authorization, conditional rezoning or master development plan.

(6)

Subsequent Applications. Not applicable.

(7)

Amendments. Any revision to an application for a building permit shall be processed in the same manner as the original application.

(8)

Scope of Approval. The building permit shall be valid for a period of one hundred eighty (180) days in accordance with the International Building Code.

(9)

Recording Procedures. An application for a building permit shall be maintained in the files of the department of development services provided, however, that the applicant shall have the responsibility to maintain an original signed copy of the approved building permit.

(b)

Certificate of Occupancy. Certificate of occupancy for improvements to the premises shall be issued in accordance with chapter 6 of the City Code and the International Building Code. No certificate of occupancy shall be issued if said development activities do not conform to the applicable zoning district boundary or the approved master development plan, subdivision plat, or other previously issued permit or development order. The director may issue a temporary certificate of occupancy pursuant to the building code. A certificate of occupancy shall not be required for a single-family dwelling unit, a child care facility which does not require a state license, or a home occupation.

(c)

Zoning Determination for a Sexually Oriented Business use. (See Sexually Oriented Business Regulations).

(1)

Applicability. No sexually oriented business use shall be commenced or established unless and until a zoning determination for the use has been issued by the director and a license for the use has been issued by the chief of police.

(2)

Initiation. The applicant shall file a complete application for a zoning determination for the use with the director. The application shall be on a form prescribed by the director and include the information prescribed by Appendix "B," section 35-B18.

(3)

Completeness Review. See subsection 35-424(a)(3). An applicant may appeal a determination by the director that an application is incomplete. The director shall schedule the appeal for hearing and decision at the next available regularly scheduled zoning board of adjustment meeting that will allow compliance with the Texas Open Meetings Act. The board of adjustment shall render its decision affirming or denying the decision of the director within ten (10) days. If the board of adjustment fails to render its decision, the application shall be deemed complete and the director shall process the application as provided in subsection (4), below.

(4)

Decision. The director shall either issue or deny an application for a zoning determination for the use or a building permit for a sexually oriented business not more than thirty (30) business days subsequent to the date of the applicant's submission of an application therefor. If granted, the applicant shall be notified of such action by certified mail, return receipt requested. If denied, the applicant shall be notified of such action and the reason(s) therefor by certified mail, return receipt requested. The issuance of a zoning determination shall not be withheld if the sexually oriented business is determined to be in compliance with all applicable sections of this chapter. The decision may be appealed pursuant to section 35-488 of this article.

(5)

Approval Criteria. No zoning determination for a sexually oriented business use shall be issued or approved, and no sexually oriented business use shall be established, except in conformance with the sexually oriented business regulations of this chapter.

(6)

Subsequent Applications. No restriction on the submission of subsequent applications is imposed by this section.

(7)

Amendments. Amendments to an application for a zoning determination authorizing a sexually oriented business use shall be processed in the same manner as the original application.

(8)

Scope of Approval. The approval of a zoning determination for a sexually oriented business use shall expire and become null and void unless a certificate of occupancy for the premises or improvements to the premises is obtained from the building official within a period of six (6) months following the issuance of the zoning determination.

(9)

Recording Procedures. See subsection 35-424(a)(9) .

(d)

Building Permit for Wireless Communications Systems.

(1)

Applicability. Construction on a wireless communication system shall not commence unless and until a building permit has been issued by the director of development services. No building permit application for a wireless communication system shall be considered complete unless the property has the necessary zoning to allow the wireless communication systems use.

(2)

Initiation. See subsection (a)(2) of this section.

(3)

Completeness Review. See subsection (a)(3) of this section. The board of adjustment shall render its decision affirming or denying the application of the director of development services within thirty (30) days.

(4)

Decision. The director shall make every effort to render a decision approving or denying the application within thirty-five (35) days. However, pursuant to the Federal Communications Commission's Declaratory Ruling, In the Matter of Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting Review and to Preempt Under Section 253 State and Local Ordinances that Classify All Wireless Siting Proposals as Requiring a Variance, WT Docket No. 08-165 (November 18, 2009), the director shall take no longer than one hundred fifty (150) days to approve or deny a complete application for the installation of a wireless communication system or ninety (90) days for a complete application for collocation.

(5)

Approval Criteria. No application for the installation of a wireless communication system or for collocation shall be issued or approved, and no wireless communication system or collocation of an antenna array shall be constructed or installed, except in conformance with the wireless communication systems regulations found in section 35-385 of this chapter.

(6)

Subsequent Applications. No restriction on subsequent applications is imposed by this section.

(7)

Amendments. Amendments to a permit application for the installation of a wireless communication system or for collocation shall be processed in the same manner as the original application.

(8)

Scope of Approval. The approval of a building permit for a wireless communication system or for collocation shall expire and become null and void unless a certificate of occupancy is obtained within a period of six (6) months following the issuance thereof. The building permit shall expire upon the expiration of the certificate of occupancy.

(9)

Recording Procedures. See subsection (a)(9) of this section.

(e)

Temporary Use Permit.

(1)

Applicability. No temporary use subject to section 35-391 of this chapter shall be established unless and until a certificate of occupancy has been issued by the director.

(2)

Initiation. See subsection (a)(2) of this section.

(3)

Completeness Review. See subsection (a)(3) of this section.

(4)

Decision. See subsection (a)(4) of this section.

(5)

Approval Criteria. No certificate of occupancy shall be issued or approved, and no temporary use shall be established, except in conformance with the temporary use regulations (section 35-391) of this chapter.

(6)

Subsequent Applications. No restriction on subsequent applications is imposed by this section.

(7)

Amendments. See subsection (a)(7) of this section.

(8)

Scope of Approval. The approval of a certificate of occupancy for a temporary use shall expire within the time period prescribed in section 35-391 for the requested use, unless otherwise provided by the building code.

(9)

Recording Procedures. See subsection (a)(9) of this section.

(f)

Downtown Retail.

STATEMENT OF PURPOSE

The provisions of this subsection implement the following policy of the master plan: neighborhoods, Policy 5e: Encourage retail development downtown - establish an expedited permitting and inspections procedure for retail and other commercial finish-out projects.

(1)

Applicability. The provisions of this subsection shall apply to any retail use in the "D" downtown zoning district.

(2)

Initiation. See subsection (a)(2) of this section.

(3)

Completeness Review. See subsection (a)(3) of this section. If an appeal is filed, the board of adjustment shall render its decision affirming or denying the application of the director within thirty (30) days.

(4)

Decision. The director of planning and development services shall approve, approve with conditions, or deny the application for a building permit within thirty-five (35) days after it is certified to be complete.

(5)

Approval Criteria. See regulations for "D" zoning district and any supplemental use regulations for the use requested.

(6)

Subsequent Applications. No restriction on subsequent applications is imposed by this section.

(7)

Amendments. See subsection (a)(7) of this section.

(8)

Scope of Approval. See subsection (a)(8) of this section.

(9)

Recording Procedures. See subsection (a)(9) of this section.

(g)

Manufactured Home Park Plan.

(1)

Applicability. The director of development services shall not issue building or repair permits or certificates of occupancy for structures in manufactured home parks within the incorporated areas of the city until a plan has been approved in the manner prescribed by this division and duly filed in the office of the director of development services. The city will withhold all public improvements and services from manufactured home parks, including wastewater, water, gas and electric service until a manufactured home park has been approved in the manner prescribed by this subsection. Property to be developed as a manufactured home park shall be platted prior to obtaining any building permits or utility services. Such plats shall be annotated with a statement that it is a "manufactured home community" or a "recreational vehicle park," and shall annotate the plan with same name as the subdivision plat.

(2)

Initiation. Each applicant seeking approval of a manufactured home park shall submit a manufactured home park site plan to the director of development services.

(3)

Site Plan. A zoning site plan, prepared to scale, illustrating the proposed land uses by location, type (residential, office, commercial, light industry), density and size shall accompany an application for rezoning to "MHP" for review by the zoning commission and consideration by the city council. The approved zoning site plan shall accompany all subsequent development applications (including, but not limited to, master development plan, plats, and building plans). Subsequent development applications that do not conform to the approved "MHP" zoning site plan shall not be approved.

(4)

Completeness Review. See section 35-402 of this chapter.

(5)

Amendments to "MHP" site plan.

A.

Initiation. Revisions to a previously approved "MHP" zoning site plan shall be classified as minor or major changes. The applicant for site plan amendment shall submit a site plan that is consistent with the requirements of subsection 35-424(g) above. The submittal shall include the site plan approved with the original application and a revised copy with annotation of the requested changes. The revised site plan shall be prepared to scale and shall include a block for a signature by the property owner and the development services director to indicate acceptance of the revised site plan and, if applicable, shall include appropriate signature and seals of the design professional (i.e., architect, engineer, surveyor) who prepared the site plan. The site plan shall be processed only upon payment of the plan amendment fee indicated in section 35-C102.

B.

Completeness Review. See section 35-402 of this chapter.

C.

Major Amendments. A major amendment shall require a new application for rezoning pursuant to the procedures of section 35-421. A major amendment to an "MHP" site plan shall include:

1.

Any increase in the total number of residential units for the entire "MHP."

2.

Any increase in the total acreage within the "MHP."

3.

Any increase in the cumulative traffic impacts of the entire "MHP" upon outlying transportation infrastructure.

4.

Any increase in the total sewer capacity required for the "MHP" as measured in equivalent dwelling units.

5.

Any increase in the total water capacity required for the "MHP" as measured in equivalent dwelling units.

D.

Minor Amendments. Any other revision to an "MHP" site plan not described as a major amendment above shall be deemed a minor change. After the five-day completeness review process, a site plan revision deemed by the director as a minor amendment shall undergo a technical review by staff not to exceed thirty-five (35) days and shall not require review by the zoning commission nor approval by the city council. If approved, the director shall sign the amendment indicating official acceptance in the required signature block.

(Ord. No. 98697 § 1, 4 and 6) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)(Ord. No. 2012-12-06-0934, § 2, 12-6-12; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)