city of liberty hill design standards
The city clerk shall schedule the hearing of the final appeal at the earliest regularly scheduled meeting of the City Council and comply with the requirements of the Texas Open Meetings Act. If the City Administrator determines that the modifications to the site plan changes the basis for the initial Conditional Use Permit approval, the modified permit shall follow the regular review process for a regularly submitted Conditional Use Permit. The date of issue of the building permit for any development, including new construction and substantial improvements, provided that the actual start of the construction or improvement was within three hundred and sixty-five (365) days of permit issuance. The City Council (Council) has the following powers and duties: A. If a permit is administratively denied the property owner may appeal to a committee composed of the Mayor, Mayor Pro tem, and City Administrator. That person designated by the City Council to administer and enforce the provisions of this Unified Development Code. 2. Deliveries by commercial vehicle occur generally between the hours of 8 a.m. and 6 p.m. with the exception of package couriers; 6. Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Two or more persons occupying a dwelling unit and using common cooking facilities, provided that unless all members are related by blood or marriage, or legal adoption, no such shall contain more than four (4) nonrelated persons. Floodplain. A plat or replat or site development permit will not be approved unless adequate parks and recreational requirements are provided, based on the standards specified in this Code. Words and phrases used in this Section shall have the meanings set forth in the Reference section of this Code. Buffer. An applicant who has paid the appropriate fee pursuant to submission of an application, but who chooses to withdraw such application prior to the formal written notification of completeness or incompleteness, shall be entitled to a refund of fifty (50) percent of the total amount paid upon written request to the City. A use of property or course of conduct that interferes with the legal rights of others by causing damage, annoyance, or inconvenience. B. Each buildable residential lot has a Maximum Lot Cover, expressed as a percentage, which represents the maximum percent of impervious surface area allowed on a lot within each particular Zoning District. Equipment Sales. Whenever the requirements of this Code are in conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes higher standards as determined by the City Council will apply. 2. Development is required to provide a higher level of amenities to its users or residents than what is usually required under the normal standards of this code. Annual Update Requests shall serve a legitimate purpose. The temporary use shall not cause undue traffic congestion or safety concerns, as determined by the City Engineer, given anticipated attendance and the design of adjacent streets, intersections and traffic controls. Minor Plat. Lot Line, Front. Stable, Commercial. In the context of subdivision platting, a parcel is either a tract of land platted for a designated purpose other than as a legal building site (e.g. D. It is expressly understood that, as a condition to the approval of said subdivision or site development, no sale of any lot may be completed until all utilities are installed and all other improvements required by this Code are made within the block in which said lot is contained. Proposed development near these districts should consider including parkland within the development to provide contiguity of parkland development. The one- (1) year assurance period shall commence on the date of approval of final completion of the improvements by the City Administrator or his designee. Repair of automobiles[,] noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Parcel of Land. Waste. B. For example, if the average side building separation between the most immediate principal structures is ten (10) feet, the proposed structure shall be positioned upon the lot to provide 10 feet of separation, or a minimum of 5 feet. Zero lot line development allows single-family residential buildings (including town homes and garden apartments) as part of a subdivision to be built to the side property line. 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. 3. in the City of Morgan Hill. The purpose of this section is to regulate outdoor lighting in order to reduce or prevent light pollution in the City. Anything that is built, installed, or established to facilitate or provide a means of transport from one place to another. D. Replat. A basement is a story if its ceiling is five (5) feet or more above the finished grade, or if it is used for business purposes, or if it contains any dwelling units other than one (1) dwelling unit for the caretaker of the premises. Final plat review is required to ensure that a final recorded plat includes final engineering diagrams and descriptions that conform to the preliminary plat as approved by the City Council. Typical uses include storage of private parking tow-a-ways or impound yards, (but specifically excluding dismantling or salvaging of vehicles). Digital maps, created through the use of Geographical Information Systems (GIS) technology, may be used in the administration and enforcement of this Code, but will not replace the paper originals of official maps required by this Code. Transfer Station (or see also Waste Disposal Services). The use authorized herein as a conforming use may not be changed to another use not authorized by the use regulations in the zoning district where the premises are located. Future ordinances. The following general provisions apply: A. G. Multifamily Residential (MF2). Condominium. Notification of the expiration of regulations shall be provided to the applicant as part of the notification of approval of the development-related permit. In order to grant a variance from the provisions of this section, the City Council must find that: 1. Dwelling, Single-family. June. All future or ongoing development approvals or permits, including any plat-related approval, shall comply with the PUD general development plan in addition to the Citys Comprehensive Plan. The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling or adversely affect the uses permitted in the district of which it is a part. Any structure erected or used, or any development that is planned or implemented, contrary to any of the provisions of this Code or to any of the requirements contained in a final plat or site plan approved by the City Council, is hereby declared to be unlawful and shall constitute a violation of this Code. Establishments primarily engaged in the provision of laundering, dry cleaning or dyeing services other than those classified as Personal Services. The City Administrator or his designee shall ordinarily administer and enforce the provisions of this Code. B. Private restrictions. The existing configuration of the earths surface including the relative relief, elevation, and position of land features. The amount of such cash payments shall be in accordance with the provisions set out in this section. Prohibited Home Occupations. Although permitted under the previous paragraph, a sign designation by an A or P in Table 6-2 shall be allowed only if: 1. A private residence where eight (8) or fewer children receive care and supervision for periods of less than 24 hours per day. C. General Commercial/Retail (C3). M. The City Administrators report may include a recommendation for final action. See Section 3.07.05 for further information on PUD applications and applicability. E. The City should encourage desirable development and construct infrastructure in the following Priority Growth Areas: A. Upon request of the applicant or property owner, the obligation to dedicate or improve thoroughfare rights-of-way or to make intersection improvements imposed on an application may be deferred to a later stage of the development process. The City Council is responsible for final action on applications for Conditional Use Permits. Buffering provides visual screening and spatial separation of two adjoining buildings and areas of intense activity. E. Procedures for City Council review and action will be developed and adopted by the Council when appropriate. Words not listed in this section shall be defined using the Websters Third New International Dictionary, unabridged. Establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, pesticides and similar goods or in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Establishments primarily engaged in the provision of maintenance and custodial services to firms rather than individuals. Any application submitted simultaneously with other applications is subject to approval of all other related applications that are prerequisite(s) to consideration of another application in the development process. The purposes of regulating the placement and specifications of signs within the Citys jurisdictional area are as follows: A. A. The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained. A. Planned Development or Planned Unit Development (PUD). The approval criteria are the Central City Fundamental Design Guidelines and applicable Subdistrict or Historic District Design Guidelines, depending on the geography. Typical uses include providing the following products or furniture stores, and establishments providing the following products or services: household cleaning and maintenance products, drugs, cards, stationery, notions, books, tobacco products, cosmetics, and specialty items, flowers, plants, hobby materials, toys, and handcrafted items; apparel, jewelry, fabrics, and like items; cameras, photography services, household electronic equipment, records, sporting equipment, kitchen utensils, home furnishing appliances, art supplies and framing, arts, and antiques, paint and wallpaper, carpeting and floor covering, interior decorating services, office supplies, bicycles, and auto parts (inside a building with no repair services). Accessory Structure, Building or Use. 4. Limited Access Highway. The boundaries of the recharge zone shall encompass all land over the Edwards Aquifer, recharging the same, as determined by the Texas Commission on Environmental Quality (TCEQ formerly TNRCC) and the Barton Springs Edwards Aquifer Conservation District (BSEACD). C. Medium Density Residential (SF2). a. that primarily offers books, magazines, films or videotapes, periodicals, or other printed or pictorial materials that emphasize specified sexual activities or specified anatomical areas; and. Uses within this district are not compatible with residential areas and neighborhood commercial uses. Such signs shall be placed only by: units of local, state or federal governments; nonprofit organizations; schools, the chamber of commerce; or normally recognized religious organizations. Applicants may file multiple applications for nonconcurrent actions/approvals. E. Basis for Appeal. GENERAL DESCRIPTION OF CIVIC USE TYPES. The standards in this district will allow continued, conforming use for existing uses as defined in the Zoning Use Table, and encourage new development in a compact, pedestrian-oriented environment. P. Specific criteria for considering Administrative Exceptions are provided in Chapter 3. Material which that [sic] is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals. Typical uses include janitorial, landscape maintenance, or window cleaning services. The reasonable rehabilitation of disturbed land for useful purposes, and the protection of the natural resources of adjacent areas, including water bodies. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. An accessory building, not related to the ordinary operation of a farm, for the housing of horses or mules owned by a person or persons living on the premises and which horses or mules are not for hire or sale. Appeals of administrative decisions will be forwarded to the BOA regardless of completeness. Residential Energy Code Forms; . See Section 6.11 [6.13] of this Code for lighting standards. The purpose of the City Engineers review is to ensure conformance to City policies and standards. Offices or private firms or organizations which are primarily used for the provision of executive, management, or administrative services. 3. That the variance is necessary for the preservation of a substantial property right of the applicant. Steep Slope. Yards shall be measured from the property line of the site or street line to the nearest exterior wall of a structure. The location generally corresponds to the Town Center Plan area in the Comprehensive Plan. E. Corner markers shall be a one-half inch iron rod, or three-fourths inch pipe, two feet in length, and shall be installed flush with the ground. However, these lot standards shall apply to areas previously outside the City limits after they are incorporated and then zoned through annexation procedures. The following are commercial recreational use types: Indoor Sports and Recreation. E. The City Engineer may develop and implement additional procedures or technical criteria to clarify implementation of this Code, provided that such procedures or criteria are approved by the City Administrator prior to their implementation and enforcement, and provided further that the additional procedures do not violate any other provisions of this Code. Approval Criteria. F. Variances from Floodplain or Stormwater Management Regulations. C. The Planning and Zoning Commission will be formed and conduct all activities in accordance with this Code and other applicable City code requirements, the ordinance creating the Commission and any adopted Bylaws. Family. Publicly maintained traffic-control devices. A. Computation of Area of Individual Signs. Natural Ground Surface. Special exceptions are specified deviations from otherwise applicable development standards where development is proposed that would be: 1. All future or ongoing development approvals or permits within the area of the PUD shall comply with the PUD development ordinance in addition to this Code. A finding that the proposed development is consistent with the Master Plan and the relevant provisions of this Chapter; viii. Preliminary Plats are required for land being divided into separate parcels, plats with six or more lots, and any plats that require a dedication of land to the City. Whenever this Chapter imposes a higher standard than that required by easements, deed restrictions, covenants or agreements, the provisions of this subchapter shall govern to the extent permitted by law. Incidental Sign. An open area outside of a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Lot, Through. Trees that must be moved because of right-of-way expansion; or. to meet the open space requirements of the Ordinance Code [sic]; to provide a well site, to provide a sewerage disposal parcel,) or a tract of land that may meet zoning requirements for area, width, depth, etc., but is not intended for development due to environmental constraints, density restrictions or other legal encumbrances. The purpose of this district is [to] provide for development of quality multiple-family living including two-family residences and higher density residences, such as triplexes, town homes, garden homes, condominiums, and apartments in a moderately dense setting, at a density of 10 units per acre. If the landowners determine to either fund in advance or fund more than their pro-rata share, the City shall credit the developers future fiscal posting. D. High Density Residential (SF3). B. ii. Plat. G. 7,500 sq. In addition to the criteria for zoning changes found in Section 2.5 [sic], the City Council may approve an application for a Conditional Use Permit where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public. Equipment Repair Services. Such legal lot shall have safe and reliable street access for daily use and emergency purposes. Uncovered and unenclosed decks, porches, landings, balconies, and stairways (the portion of which is less than thirty [30] inches above grade). Prior to taking civil action, the City shall notify the defendant of the provisions of the Code that are being violated. Certificate of Occupancy. A. Applicability. Fiscal Surety. Typical uses include groceries, delicatessens, meat markets, retail bakeries, and candy shops. Site Development and Stormwater Permit Building PermitFee Schedule. The unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located within one-half mile of those boundaries (in the case of a municipality with fewer than 5,000 inhabitants). Each day any violation of this Code or of any ordinance of the City continues shall constitute a separate offense. The total area of all floors of a building measured to the outside surfaces of the exterior walls. A description of all development approvals, permits, or other local or State approvals needed for the proposed development; vii. If such conforming use is changed to a use otherwise authorized in said zoning district, then such premises may be used thereafter only for a use authorized in the zoning district where the premises are located. Mutual access easements may be required during the platting process to limit the number of curb cuts along Major and Minor Arterials. The Board of Adjustment (BOA) shall review Variance requests. FINANCIAL SERVICES. Subdivision Preliminary Plan is a map or drawing of a proposed subdivision plan which upon approval establishes an agreement to the layout. The applicant has sufficiently and legally established any other factor that may demonstrate vested rights under State or Federal law. Real Estate Sign. D. The Parks and Recreation Board review process will be required for any permit or application that requires final action from the Parks and Recreation Board, as described in this Code. Duplexes are intended to provide affordable housing options, but should not occupy more than 20% of all units in single-family residential subdivisions. R. A person aggrieved by a final action on a BOA procedure may appeal to a competent court of record within ten (10) days of the final action (see Texas Local Government Code, SS 211.011). (f) All land proposed for dedication as parkland that is located in a floodplain area shall: (1) Be easily accessible and have adequate street frontage; (2) Have any alteration of its natural character and that of its waterway approved by the parks board and city; (3) Be at least 100 feet in width, or of a width acceptable to the parks board and the city; (4) Have a configuration and topography suitable for placement of facilities such as playgrounds, picnic facilities, and open playfields. Any ordinance that concerns the development of real property and is adopted after the adoption of this Code, which incorporates this section into the Code, may specifically state whether it is the type of ordinance that is exempted by 245.004. The City Administrator is responsible for taking final action on the following procedures described in this Code and according to the specific criteria for each procedure as described in the Code. Responsibility of Subdividers Engineer. Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental or [of] aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security. A plat or replat or site development permit will not be approved unless the proposed lot(s) or development is connected to a water supply system which is capable of providing adequate water for health and emergency purposes. B. Preliminary Plat approval shall be required before any land is subdivided (or does not meet the requirements of Section 3.09.02, Administrative Plat Review). This district is intended to control and guide the development of commercial uses in downtown Liberty Hill. Creating no new or residual parcels not conforming to the requirements of these regulations and related ordinances. 2. The City of Liberty Hill has the statutory authority to exercise a broad range of powers within its city limits. In the case of the granting of an administrative exception, an allowance for adjustment of a numerical standard by the City Administrator or Board of Adjustment may be made, up to 10% from the minimum or maximum numerical standard.