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M. The City Administrators report may include a recommendation for final action. In addition, the developer shall provide a statement signed by a registered professional engineer that all improvements have been installed and constructed in accordance with the submitted as-built plans. D. Compliance with these requirements shall be administered by the City Administrator or his designee. Those plant communities that develop in the absence of human activities. No signs shall be erected in the public right-of-way except in accordance with Section 6.12.05.J [sic] below. 1. All outdoor lighting fixtures existing and legally installed and operating before the effective date of this Code shall be exempt from this Code unless they are determined to create a safety hazard. H. Responsibility for Final Action. Buffer Width is based on the following Buffer Intensity Classifications: Class 1: Cemeteries, golf courses, passive recreational areas, wholesale nurseries, day care homes. Action on Plan. Appeals of administrative decisions may only occur after a final decision by the City Administrator. Any decision to amend the Official Zoning Map shall be made based on the criteria in Chapter 2 and 3. Residential use types include the occupancy of living accommodations on a wholly or primarily nontransient basis. The City Engineer must be a registered professional engineer, licensed by the State of Texas and competent in the design and review of land development and urban public works. Impervious Material. The stop order or restraining order stopping development must indicate the reason for stopping the activity. A portion of a roadway designed to allow vehicles to safely decelerate for turns onto intersecting streets or safely accelerate to merge with the prevailing traffic flow. MULTIPLE-FAMILY RESIDENTIAL. Grading. Off-Street Parking Space. GENERAL RETAIL SALES. The space located off of a public road, designed, intended, used or required to park one passenger vehicle. A plat or replat or site development permit will not be approved unless the proposed lot(s) have safe and reliable street access for daily use and emergency purposes. If the City is unable to deliver written notice to the responsible party, a telephone call shall be made by the City Administrator or his designee, date and time recorded, informing the owner of the premises on which the sign is located that on a set day, a fine shall commence to be assessed to the owner of the sign for each day of the violation until the sign(s) are removed. To render advice and guidance, upon reasonable request of any property owner, or its agent, or occupant, on development or new construction or the restoration, alteration or maintenance of any building within the City. Newly annexed areas shall be zoned AG during the annexation process. For the purposes of these regulations, a minor plat subdivision is defined as a subdivision: Involving not more than five (5) lots fronting on an existing approved street; and, Not involving any new street or prospectively requiring any new street for access to interior property; and, Not requiring extension of public sewage or water lines to serve properties at the rear; and. [Gross Density = Gross Site Area * Maximum Development Density]. Transferor. A type of Fiscal Surety that can be used to guarantee site improvements. Utilities for electric and telephone service and associated utility easements shall be installed in conformance with the terms and regulations of the provider of said utility[.]. A bona fide intrafamily transfer means a transfer to a member of the owners immediate family of a portion of the owners property for the purpose of establishing a residence for that family member. E. If the conditions causing the delay are not resolved, the process may be repeated. The following are wholesaling, storage and distribution use types: Limited Warehousing and Distribution. The sum of the gross horizontal areas of all floors of the building measured from the exterior faces of the exterior walls, or from the centerline of walls separating two buildings but excluding areas where the floor to ceiling height is less than six (6) feet. Upon completion of installation and construction of all required improvements, the developer may seek acceptance of all public improvements by the City by submitting the required number of copies of as-built plans and a one year maintenance bond in an amount as specified at the time of final plat submittal. A sign that is either expanded to its full dimensions or supported by gasses contained within the sign, or sign parts, at a pressure greater than atmospheric pressure. That granting the administrative exception will not adversely affect adjoining property values in any material way. Allowable Density is based on the Gross Density and then factoring in the lot standards from Table 5.1 [4-4]). shall be preferred whenever reasonably available, but in no case may crucial 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. The City Council shall make a final decision on any variance request from floodplain or stormwater management regulations. B. Topography. Information regarding format requirements and submittal materials required for the application will be made available by the City Administrator in advance of any application. See Rules of Measurement. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with any approved plan, plat, permit, certificate, or other form of authorization granted by the City for such activity. Health Officer. F. Burden of Proof in Appeals. A summons or notice to appear in answer to a charge of parking, standing or stopping in violation of this section must specify the location of the fire lane or accessible space in which the violation occurred. Detached Dwelling. The purpose of this section is to provide guidance for annual updates to the Code in order to modify procedures and standards for workability and administrative efficiency, eliminate unnecessary development costs, and to update the procedures and standards to reflect changes in the law or the state of the art in land use planning and urban design. LIGHT INDUSTRIAL. 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 City Administrator may also act upon violations that otherwise become known during the normal performance of his/her duties. (a) The provision of adequate parkland for use as parks is necessary for the protection of public health, safety and general welfare of the community. G. 7,500 sq. However, all final decisions concerning participation in costs and completion of improvements that may be specified in a traffic impact analysis, capital improvements plan, or mitigation plan as required in this section shall be made by the City Council and reviewed in advance by the Planning and Zoning Commission. Back-to-Back Sign.. A sign constructed on a single set of supports with messages visible on any side. This policy may be further defined and supplemented by other codes adopted by the City. 4. Generating plants, electrical switching facilities and primary substations, refuse collection or disposal facilities, water and wastewater treatment plants, and similar facilities. 3. That portion of the floodplain outside the floodway. K. The City Administrator may establish procedures for administrative review necessary to ensure compliance with this Code and state law. 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. E. A stormwater permit approved by the City is condition[ed] upon approval of all applicable related permits required from the Texas Environmental Quality Commission (TECQ), the U.S. Environmental Protection Agency (EPA) or any other state or federal agency being issued by that agency. A permitted sign erected on property in conjunction with a particular use that has been discontinued for a period of 30 days or more. A building, or portion thereof, containing three (3) or more dwelling units. Comprehensive Plan. The average depth of any lot shall not exceed four times the average width of the lot. 3. D. Lighting fixtures and illumination requirements imposed by TxDOT within TxDOT right-of-way. 2. 7. The issuance or granting of a permit or approval of plans or plats, site or facility designs, or specifications shall not be construed to be a permit for, or an approval of, any violation of any provision of this Code or any other City ordinance. This reference will serve as the written interpretation. A plat that complies with Texas Local Government Code 212.016, as amended, which is generally submitted to correct errors and omissions when agreed to by all adjacent property owners. J. LIQUOR SALES. Planning provides support to the Planning and Zoning Commission, City Council and other advisory committees by providing public information, reviews, recommendations, and preparation of reports. The growing of horticulture and floricultural specialties, such as flowers, shrubs, or trees intended for ornamental or landscaping purposes, but excluding retail sales. Community Service. Establishment or places of business primarily engaged in providing informational, instructional, personal improvement and similar services of a nonprofessional nature. Trellises and similar structures which that [sic] do not have solid roofs. If any development permit application or other application for approval, any petition for a plan amendment or any petition for an amendment to this 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 ninety (90) days or within a period of twelve (12) months for zoning change applications from the date of final disapproval, except with written approval of the City Council. Completeness. A street which, in addition to providing access to properties abutting thereon, carries traffic to an activity center or higher classification street. Applicants Actions. The applicant shall present sufficient evidence and have the burden to justify a reversal of the action being appealed. The City Council is responsible for final action on applications for Conditional Use Permits. A dwelling that is entirely surrounded by open space on the same lot. Minor subdivisions in which all lots are fifteen (15) acres or larger. This Section shall apply to all Nonconforming Signs. Predominantly spectator uses conducted within an enclosed building. The purpose of this Chapter is to establish zoning districts within the City Limits of Liberty Hill, allowable uses within each district, and procedures for special and temporary uses within each district. A condominium is not a type of structure per se, but rather a form of ownership. (c) The subdivider shall dedicate parkland to the city as a part of the final plat approval. L. For corner lots, the side yard setback on side facing public right-of-way shall meet the same as front yard setback. A site plan will be approved and a site development permit issued if the development is in compliance with the general criteria for approval of administrative review procedures, the requirements of Chapter 5 [6] of this Code (Site Development Standards) and the following additional criteria: 1. Lodging services involving the provision of room and/or board. The city was chartered in 1876 and is central to the region's natural . A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as no parking, entrance, loading only, telephone, an address, and other similar directives limited to four square feet. The overlay zoning districts address special siting, use and compatibility issues that require use and development regulations in addition to those found in the underlying zoning districts. A self-illuminated or externally illuminated sign or sign structure in which electric wiring, connections and/or fixtures are used, as part of the sign, to provide illumination. Denial or disapproval of any concurrently submitted application shall prevent consideration of any related applications unless and until the denied or disapproved application is resolved or approved. Special conditions may apply in some cases. Permanent subdivision identification signs approved by the City Council as part of the platting process; 9. F. The City Administrator will develop an Administrative Procedures Manual for application requirements for all procedures described within or developed pursuant to this Code. (3) Where there has been entered into a special agreement with the city including specific provisions for the dedication of parkland or cash payments or in lieu of the requirements of this section. Typical uses include banks, savings and loan institutions, loan and lending activities, and similar services. Barton Springs Edwards Aquifer Conservation District. Typical uses include boarding stables or public stables. The Mayor and City Council for the City of Liberty Hill. Block face. Each and every day that the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Each Zoning District has a maximum number of dwelling units per acre that can be placed on a tract. The City Engineer as referenced in this Code is acting as agent for the City Administrator, and shall have the powers specified in this Code only to the extent that the Engineer is expressly delegated those powers by the City Administrator. Fish and Wildlife Service (FWS/OBS-79/3 1). Party Responsible. There must be a rough proportionality between the traffic impacts created by a new development and requirements placed on the property owner or applicant for new development to dedicate and improve off-site, abutting and internal street rights-of-way to City standards. A facility providing medical, psychiatric, or surgical services for sick or injured persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, training, administration, and services to out-patients, employees, or visitors. A plat or replat will not be approved unless the proposed lot(s) have direct access to an improved public street, private street, or an approved public way, and connected by improved public street to an improved public thoroughfare. This agreement includes the location and width of proposed streets, lots, blocks, floodplains, and easements. Development applications. Canopy trees are trees that occupy the uppermost layer in a forest. A structure that was lawfully erected but which does not conform to the currently applicable requirements and standards prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this Code. B. 2. Any animated, rotating, fluttering or nonstationary device made of flexible materials designed to attract attention. F. The delay of standard review periods may not be implemented as a moratorium. A. The removal of trees and brush from the land not including the ordinary mowing of grass. Landscaping, Perimeter. Repairs or modifications required under the City Construction Code shall not entitle the owner of the Nonconforming Sign to compensation under this Subchapter. This overlay applies in the area identified as the Downtown Overlay District on the Official Zoning Map. Floodplain and areas designated for stormwater detention and retention shall not be included in density calculations. The use of the following terms in this Code refers to the person, entity, or agent thereof who may apply for an approval or a permit or another decision of the City under this Code. GUIDANCE SERVICES. Veterinary services and hospitals for animals. If an owner, occupant, or other person repeats the same violation, within a five-year period from the date of the initial violation, it shall be considered to be a repeat of the initial violation and shall be subject to additional penalties and remedies. New developments or improvements of existing developments should consult the City of Liberty Hill or appropriate utility provider for compliance. Buffer. Industrial operations shall be primarily conducted within the confines of a building. Such complaint shall state fully the causes and basis thereof and the date on which the violation began or was first observed. F. Lighting. Section 3282.8 (g). An area along or adjacent to a stream or body of water that is capable of storing or conveying floodwaters during a 100-year frequency storm event, or a 100-year flood. Any monuments disturbed or destroyed during roadway construction shall be reestablished in conformance with the provisions of this Code by a licensed land surveyor. More Information Any questions regarding the Design Criteria and Technical Specifications, public works projects, or this process should be directed to the Engineering Division at 816.439.4500. Farm Plan. Furthermore, the financial institution shall be reviewed and approved in advance and the letters of credit or bonds shall conform to forms or criteria approved in advance by the City Council. C. Construction or expansion of a building other than a single-family or duplex residential building, with a floor area expansion of more than one thousand (1,000) square feet or more requires a site development permit. Floor Area, Gross. A public corporation, company or special district organized to provide a service to the subdivision. The following General Land Use Policies from the Comprehensive Plan have been used in the development of this Code in order to ensure that land development within the City of Liberty Hill jurisdictional area is in accordance with the City of Liberty Hill Comprehensive Plan: A. The effect of this Section as more specifically set forth herein, is: 1. 2. Any claim of right made under any law or authority, other than Chapter 245 or 43.002, shall be made to the City Administrator in writing. I. regulation of signs, hours and other characteristics of operation. (Impervious Cover calculations are based on the Net Site Area.). Failure to appeal within ten (10) days shall cause the final action to be contractually agreed to and the action will become final and unappealable. The threshold requirement for a TIA shall be a development or combination of developments that would result in trip generation of more than an average of one thousand (1,000) trips per day based upon the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. Notice shall be required for review of an application as shown in the following table. A strip or area of land, identified on a site plan or in a zoning ordinance, established to separate one type of land use from another land use. A change in ownership of a property through inheritance or the probate of an estate. Typical uses include janitorial, landscape maintenance, or window cleaning services. The square foot area enclosed by the perimeter of the sign. Any person who violates any provision of this Code or any order issued under the authority of this Code, or who causes or permits any such violation, or who fails to perform any act required under this Code, or who performs any prohibited act or takes any action contrary to the final plats or site plans approved by the City Council, or who fails to take any action required by such approved plat or site plan, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than two thousand dollars ($2,000.00). The purposes of regulating the placement and specifications of signs within the Citys jurisdictional area are as follows: A. B. D. The City Council membership and bylaws have been established by Texas Local Government Code. Lot sizes outside the City limits are also restricted by on-site wastewater treatment standards. A residential structure occupied as a dwelling place of one or more persons in which the use and management of sleeping quarters and all appliances for cooking, ventilation, heating, or lighting are under one persons control. The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space as produced by sound energy. Nursery, Commercial and/or Gardening Supplies Sales. The manufactured housing base district is a residential district intended to allow HUD-code manufactured housing on subdivided, individually-owned lots, at a maximum density of 6.7 units per acre (minimum lot size 6,500 sf). That there is a financial or economic hardship. Geographic Information System (GIS). Terms and conditions. B. C. The landowner or developer of a site development shall post fiscal surety, as provided below, to assure completion of all construction required under this Code following issuance of the site development permit. Subdivision, Farmstead. Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxicants, and sediment. 6. No plat shall be recommended without a determination that the plat conforms to the following: 1. It does not include any space with a dimension of less than ten (10) feet in any direction or an area of less than one hundred (100) square feet. 1. SHOPPING CENTER OR MALL. In the event the City Council fails to make a ruling on the variance within sixty (60) days from the date the application for variance is filed, the application for variance shall be deemed denied. 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. 1. The penalties in this section shall be cumulative and are not exclusive of any other rights or remedies the City may have or pursue. The GIS interface for the City is ArcView (an ESRI Product). (PRIVATE). A facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities, including corporation yards, equipment service centers, and similar uses having characteristics of commercial services or contracting or industrial activities. The prevention of soil movement by any of various vegetative and/or structural means of soil movement. Any facilities owned and maintained in common by the inhabitants of the development, including, but not limited to, drives, water systems, sewer systems, parking areas, open space, club houses, amenities, and developed recreation areas. HEAVY INDUSTRIAL. 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. The City of Liberty Hill has the statutory authority to exercise a broad range of powers within its city limits. 1. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. 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. If the Comprehensive Plan is amended, the Code should also be amended if found to be necessary or advisable by the Planning and Zoning Commission. To promote the aesthetics, safety, health, morals and general welfare, and the assurance of protection of adequate light and air by regulation of the position, displaying, erection, use and maintenance of signs; C. To promote the efficient transfer of general public and commercial information through the use of signs; D. To enhance the overall appearance and economic value of the landscape, and preserve the unique natural environment that distinguishes the City and surrounding area. B. A construction plan for any required or agreed improvements must be approved by the City Administrator or his designee as required in this Code. Adjacent. I. Grade Elevation. Classification of areas as wetlands shall follow the Classification of Wetlands and Deep-water habitats of the United States as published by the U.S. A Legal Lot Verification Letter is a letter in accordance with 212.0115 of the Texas Local Government Code that indicates whether or not a lot has been properly platted. Communication Tower. Adult-Oriented Business means, but is not limited to, an adult arcade, adult bookstore, adult cabaret, adult lounge, adult novelty shop, adult service business, or adult theater. A house that is used as a lodging facility for paying guests. Any application for subdivision approval or subdivision improvements, zoning or zoning change, or site development in accordance with this Code must comply with these standards. Driveway. E. Accessory uses located in residential districts shall not be used for commercial purposes other than authorized and legitimate Home Occupations.