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. The coordinate number and street name assigned to any structure or parcel of land. A public school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the State of Texas. C. Notwithstanding the above, any garage or carport shall be set back a minimum of ten (10) feet from a right-of-way. That granting the administrative exception will not materially or adversely affect adjacent land uses or the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks or other land use considerations. Class 3: Neighborhood and other local commercial and service activities, including but not limited to retail operations, restaurants (without drive-up windows), banks (without drive-up windows), convenience stores (without gasoline sales), offices (over three stories), multifamily and manufactured housing. The vertical dimension measured from finished grade to the highest point of the thing being measured. To act and serve as staff for each review body designated by this Code; and. Additionally, as provided in subsection (g) of this section, this section shall not apply to the types of ordinances, or other governmental action, enumerated in VTCA Local Government Code 245.004 or exempt from the requirements of Local Government Code 43.002. Riparian Habitat. An individual requesting a variance shall make written application to the City Administrator and pay the required fee[.] The channel of a river of or [sic] other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. C. Insufficient Findings. To provide for the enforcement of the provisions of this Section[.]. All structures, land uses constructed or commenced after the effective date of the UDC and all enlargements of, additions to, changes in and relocations of existing structures and uses occurring after the effective date of the UDC are therefore subject thereto. 2. The applicant has been actively and diligently attempting to pursue and complete development of the project that is the subject of the vested rights; and. The applicant filed an application as provided in Texas Local Government Code chapter 245 prior to adoption of the regulations pursuant to which vested rights are claimed, that the regulations which are the basis for the claim of vested rights are not subject to an exemption as provided in Texas Local Government Code 245.004 and that the project has not become dormant as defined in Texas Local Government Code 245.005 and this Chapter. The Planning and Zoning Commission may establish conditions for approval, including, but not limited to: G. street improvements and dedications. 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. HOTEL-MOTEL. Subdivision-related procedures are necessary to establish how individual lots or projects may be developed. Provision of fuel, lubricants, parts and accessories, and incidental services to motor vehicles. Simple majority. See Section 3.6(6) [sic] for further information on PUD applications and applicability. CLUB OR LODGE. C. The expiration date for a Permit subject to section 4.16 of this Chapter for any eligible Permit as set forth in section 4.16. I. Any sign that revolves around one or more fixed axis. Loc. Any interpretation of the requirements of this Section shall be made in a manner consistent with the Comprehensive Plan. WAREHOUSING AND FREIGHT MOVEMENT. The City Administrator will review and make either a report or recommendation to the BOA, Planning and Zoning Commission, Parks and Recreation Board, or City Council, as required pursuant to the Code, on the following procedures: 7. A. Trees to remain after construction is complete shall be protected from possible injury during construction. 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. ft. duplex multifamily lots within a high-density urban residential neighborhood (and modify the widths and setbacks), H. Max Lot Coverage = Total amount of impervious cover per lot (including building and impervious areas). The guarantee shall be in a form and substance approved by the City Administrator, which may include the requirement of a fiscal posting. The City Administrator or his designee shall ordinarily administer and enforce the provisions of this Code. B. Illuminated Sign, External. Impracticable. A sign erected parallel to, attached within six inches of, and supported throughout its length by the facade of a building. Generally. Natural Features. An inventory of existing trees greater than ten (10) inches [in] diameter measured from four (4) feet above ground level shall be inventoried and identified in the Site Plan. Any sign that is directly lighted by an external source. Any modification to an approved site plan that was filed as part of a Conditional Use Permit shall cause the Conditional Use Permit to become void, regardless of its current status, including any approval previously given by the City Council. A. If the TIA threshold is exceeded, the applicant shall be so advised on the TIA Determination Worksheet and referred to the City Administrator or his designee for consultation concerning the preparation of a TIA. E. The City Administrator may develop administrative rules or additional procedures to clarify implementation of this Code, provided that such rules or procedures are approved by the City Council prior to their implementation or enforcement, and provided further that additional procedures do not violate any other provisions of this Code. A sign that advertises or solicits support for a nonprofit community use, public use or social institution. Floodway. Recreational Vehicle. New lighting technologies have produced lights that are extremely powerful, and these types of lights may be improperly installed so that they create problems of excessive glare, light trespass, and higher energy use. A final plat that requires a preliminary plan and concurrent construction plans for streets and infrastructure of the Land Development Code. Any use of land, buildings, or structures, lawfully existing at the time of the enactment of this Code, or of any amendment hereto, governing use for the zoning district in which such use is located, which does not comply with all regulations of this its [sic] amendments. The City Administrator shall have the authority to request any pertinent information required to ensure compliance with this Code. COMMERCIAL RECREATION. H. Responsibility for Final Action. Conditions and proposed decisions regarding rezoning shall be reviewed by the Planning and Zoning Commission. B. Application and permit types can be categorized as (A) Policy- and Legislative-Related Applications and Permits, (B) Subdivision-Related Applications and Permits, or (C) Development-Related Applications and Permits. Utilization. All lots must be numbered consecutively within each block. B. Includes: Zoning Verification Letter, Legal Lot Verification Letter, Written Interpretation, Master Sign Plan, Administrative Decision, Temporary Use Permit, Administrative Exception, Site Development Permit, Stormwater Permit, Certificate of Design Compliance, Appeal of an Administrative Decision, Variance, and Building Permit (sign only) procedures. Development Without Permit. The provisions of this Section shall not be construed to prohibit the issuance of permits for any lot or undivided tract or parcel of land upon which a structure exists that was in existence prior to the passage of this Code. However, the total sign area that is oriented toward a particular Street may not exceed the portion of the Lots total sign allocation that is derived from the Lot, building, or wall area frontage on that Street. Where complete separation of pedestrians and vehicles and bicycles is not possible, potential hazards shall be minimized by the use of techniques such as special paving, grade separations, pavement marking, signs or striping, bollards, median refuge areas, traffic calming features, landscaping, lighting or other means to clearly delineate pedestrian areas, for both day and night use. 1. This does not yet factor lot standards found in Table 5.1 [4-4]. A use providing consultation, diagnosis, therapeutic, preventative or corrective personal treatment services by doctors, dentists, medical and dental laboratories, physical therapists, optometrists, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of Texas. Prohibited Home Occupations. A permanent structure used for the display and sale of locally produced agricultural products. This district is intended for facilities providing governmental, religious, educational, healthcare or social services, and public infrastructure facilities such as water plants, pump stations, wastewater treatment plants, lift stations and other such utility facilities. 6. A Traditional Neighborhood Development (TND) is a human scale, walk able community with moderate to high residential densities and a mixed use core. Construction of additions or alterations to an existing building where no drainage, street, utility extension or improvement, additional parking or street access change is required to meet the standards of this Code are necessary to support such building addition or alterations. Setbacks. Land typically adjacent to a body of water with ground surface elevations that are inundated by the base flood. The following rules describe administration of time requirements. The Comprehensive Plan of The City of Liberty Hill, as approved by the City Council, including any amendments. Parking lots shall be designed in accordance with the City of Round Rock Transportation Criteria Manual, as amended. The effect of this Section as more specifically set forth herein, is: 1. D. The City Administrator shall comply with any specific procedures described in this Code. A structure that was constructed before June 15, 1976, transportable in one or more sections, which, transportable in one or more sections, which, in the traveling mode, is eight (8) feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred and twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. A building in which one or more specializing physicians and/or dentists have their offices. The City Administrator shall publish public notice at least once in a local newspaper of general circulation within the City at least 15 days in advance of the meeting or hearing. FINANCIAL SERVICES. Any dedicated area where a street, highway, thoroughfare, parkway, road, avenue, alley or other vehicular use facility is or will be constructed for public use. C. Should the application be denied, the City Administrator may enumerate in writing any and all reasons for such denial, which shall be delivered to the applicant within the time period allowed for review. The construction plans must be kept as a permanent record of the City. The preliminary plan must be approved prior to the final plat approval. Areas that erode two (2) feet or more per year. Prior to taking civil action, the City shall notify the defendant of the provisions of the Code that are being violated. Development Standards. B. These design criteria and technical specifications are the latest version as adopted by the City Engineer. In addition to the general criteria for consideration of administrative procedures in Section 2.03, the City Administrator will determine, based on analysis of the requested interpretation, and considering this Code, the correct interpretation for whatever question is raised. An application may be made to the City Administrator for recognition of vested rights for a particular project by completion of a form provided by the City Administrator that indicates which permit or permits are being relied upon by the applicant for establishment of vested rights. Chapter 245 of the Texas Local Government Code, as adopted in 2001 by the 77th Legislature, Regular session is hereby adopted and incorporated by reference herein. Building coverage is measured from the faces of the walls, not the eaves of the roof. B. Pedestrian/Vehicle Separation. The purpose of this district is to provide for development of quality multiple-family living in a moderately dense setting, at a density not to exceed 10 units per acre. Lot Coverage. The City Council will review the Conditional Use Permit application based on the potential uses impact on the health, safety and welfare of the surrounding neighborhood; its impact on public infrastructure such as roads, parking facilities and water and sewer systems; and its impact 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. Any transmission line or electric generating station; or water, sewer, electric, gas, telephone, and television or data cable service line. 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. Such extension may be granted at any time prior to or within the twelve (12) months preceding the expiration date, but the extension period may not begin later than the original expiration date. CULTURAL SERVICES. B. This district is intended to maintain agricultural land until such time as it is appropriate for more intense development. Family. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. 6.12.07 Abandoned signs and supporting structures. An application for a Consent Agreement Approval may be filed concurrent with an Application for a Vested Rights Determination, or at any time prior to approval of a final decision relating to an Application for a Vested Rights Determination by the City Attorney or the City Council. The next whole number beyond fifty percent of the members present and voting (e.g., three out of either four or five; four out of either six or seven)[.]. Density. C. Penalties are cumulative. Prior to the subdivision, resubdivision, or development of any land within the City, all plans, and plats plans for infrastructure improvements must first be approved in accordance with regulations specified in Section 3.08 except for: 1. 2. Structures or actions that compensate for undesirable impacts. Neighborhood Commercial/Retail (C1). Immediate family. Mobile Home. (i) The amount of cash payment to be made to the city shall be 8% of the fair market value of the land proposed to be subdivided, as determined by a qualified real estate appraiser employed by the city, less a credit for the value of the land actually dedicated for parkland as determined by such real estate appraiser. B. Acceleration/Deceleration Lane. Any person who violates any provision of this Code is subject to a civil penalty of up to one thousand dollars ($1,000.00) and not less than one hundred dollars ($100.00), or more as permitted by law, for each act of violation and for each day of violation. Before the City initiates the process for suspension or revocation of a permit or other form of approval pursuant to this Code, the City Administrator or Building Official or another designee of the City Council shall give written notice of intent to suspend or revoke via certified mail, return receipt requested. A. The regulations and restrictions of the Parks and Recreation Board for the City of Liberty Hill will be pursuant to the provisions of applicable statutory requirements of the State of Texas and of the enabling ordinance establishing the Parks and Recreation Board. The following Zoning Districts reflect the recommended future land use areas, currently included in the City of Liberty Hills Comprehensive Plan. E. The Parks and Recreation Board serves as an Advisory group to the Planning and Zoning Commission and City Council. Dwelling, Multiple-family (also multifamily). Policy- and Legislative-Related Applications and Permits, Subdivision-Related Applications and Permits, Development-Related Applications and Permits, Simultaneous Submission of Related Applications, Application Requirements for Administrative Exceptions, Criteria for Review and Required Findings, Preservation of a Substantial Property Right, Variances from Floodplain or Stormwater Management Regulations, Preliminary Plat Application Requirements, Action Following Preliminary Plat Approval, Exception for lots already partially within City Limits, Reduction of Minimum Residential Lot Width, Chapter 245 of Texas Local Government Code adopted, Computation of Area of Multifaceted Signs, Computation of Maximum Total Permitted Sign Area for a Zone Lot. Works of art that do not include a Commercial Message; 4. Low Density Residential (SF1). Storage services primarily for personal effects and household goods within enclosed storage areas having individual access, but excluding uses such as workshops, hobby shops, manufacturing, or commercial activity. G. Parking. In the event the City Administrator does not respond to an application for vested rights within twenty (20) working days, the application will be considered denied. Farm Plan. Farming activities, including but not limited to plowing, tillage, cropping, installation of best management practices, seeding, cultivating, and harvesting for production of food and fiber products (except commercial logging and timber harvesting operations), the grazing and raising of livestock, aquaculture, sod production, orchards, nursery, and other products cultivated as part of a recognized commercial enterprise. Right-of-way. Texas Commission on Environmental Quality (formerly Texas Natural Resources Conservation Commission TNRCC). The horizontal distance between the side lot lines of a lot measured at the narrowest width within the first thirty (30) feet of lot depth immediately in back of the front yard setback line. 2. The City Engineer may at his professional discretion (and approval by City Council) issue a waiver to this requirement. A condition where landforms or biological communities, or both, have developed by natural process in the absence of human intervention. 3. The purpose for such registration and determination is to assist City Staff in their review of the applicability of Chapter 245 or 43.002 to a particular project. Simultaneous Submission of Related Applications. Allowable Density. Typical uses include groceries, delicatessens, meat markets, retail bakeries, and candy shops. They include such features as bluffs, springs, canyon rim rocks, caves, sinkholes and wetlands. 3. N. Chapter 245 of Texas Local Government Code adopted. A dwelling not a mobile home or manufactured home, on its own lot, and designed, arranged, or used exclusively for the use and occupancy of two families living independently of each other. Such legal lot shall have safe and reliable street access for daily use and emergency purposes. Floor Area Ratio, (FAR). The vertical distance measured from the finished grade elevation to the highest point of the underside of the building beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the under side of rafters between the eaves and the ridge of a gable, hip, or gambrel roof. A bar preventing one from making an allegation or a denial that contradicts what one has previously stated as the truth. Also means, potable or nonpotable water from dripping or leaking pipes, valves, plumbing or fixtures, or seep water, rain water or stormwater entering in sewer lateral lines on private property through cracks, pipe joints, openings or other defects in the lateral line[.]. Real Estate Sign. These submission items must also include development standards which shall address: uses, density, lot area, lot width, lot depth, yard depths and widths, setback requirements, building height, building elevations, building articulation, parking, access, streets and circulation, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, restrictive covenants and other restrictions, fiscal surety for completion of construction of improvements, cost participation agreements, and other requirements the City Council may deem appropriate. A private access, drive, or lane to more than one residence which that [sic] is contained within the lot or parcel and which is not dedicated to the public. 5. Condominium. The scoping meeting may occur during any required preapplication conference, but may also be scheduled after an initial preapplication meeting. The City Administrator, City Inspector [or] other City official duly authorized by the City Council may order all work, including site clearing or other site preparation, stopped on any site where a significant violation of this Code or a subdivision plat or approved site plan is found. The build-to line shall be measured from an exterior wall to the property line such that the accuracy of the building placement shall be within a foot, as authorized. When a TIA is required, the type and scope of the study shall be determined during a scoping meeting with the City Administrator or his designee. A line measured a distance specified by this ordinance from the front, rear, and side lot lines on which no building or structure may be erected. A house that is used as a lodging facility for paying guests. Floodway Fringe. E. Change of use: Whenever a land use changes, any nonconforming sign must be modified or removed so as to be in full compliance with these sign regulations. The landowners or developers engineer shall provide the City an estimate of the total cost of all uncompleted or unaccepted improvements as may be required by this Code; and the estimate shall be acceptable to the City Administrator or his designee; and. This policy may be further defined and supplemented by other codes adopted by the City. Chapter 6 contains general standards applicable to all land development, standards applicable only to nonresidential site development, and standards applicable only to residential development. All Nonconforming Signs shall be brought into compliance with this chapter in accordance with the provisions of this Section. Principles for computing sign area and sign height are contained in Section 6.12.04 below. Any tract, lot or parcel of land or combination of tracts, lots or parcels of land, which are in one ownership, or are contiguous and in diverse ownership and where development is to be performed as part of a unit, subdivision, or project as shown on an application. 4. J. 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. In other words, maximum impervious cover applies to an entire development, whereas maximum lot coverage applies to individual lots. A use involving the on-site extraction of surface or subsurface mineral products or natural resources. The overburden and reject materials as piled or deposited during surface mining. If this is the case, the City Administrator shall reject the applicants proposed written interpretation and refer the applicant to the appropriate section of the Code. (2) All cash payments shall be used exclusively for the acquisition and/or improvement of parks.
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