in the City of Morgan Hill. All City officials and employees with the responsibility or authority to issue a permit, certificate or license are prohibited from issuing a permit or license for any use, building, or purpose that conflicts with any provision of this Code. It is a violation of the Chapter to allow a covered message to bleed or show through the paint or covering. The notice may specify a reasonable time for compliance with this Code. 3. A stream containing surface water throughout an average rainfall year, as shown on the most recent 7.5 minute topographic quadrangle published by the United States Geologic Survey. 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. A request for such an acknowledgement must include documents establishing the criteria listed below together with an application review fee to offset the Citys costs. Rotating Sign. The Site Plan must be reviewed by the City Administrator for compliance with this Code. The City Administrator may determine that the modification to the site plan does not change the basis for Conditional Use Permit approval and issue a temporary approval to the modified Conditional Use Permit. Because zoning only applies to areas within the City limits, these standards are nonbinding guidelines for development in the ETJ. Adult Service Business means an adult encounter parlor, adult retreat, nude modeling studio, or a commercial enterprise that holds itself out to be primarily in the business of offering a service that is distinguished or characterized by an emphasis on depicting, describing, or relating to specified sexual activities or specified anatomical areas. This also includes other educational services such as drivers education, beauty school, etc. Preserve and protect surface and groundwater resources and hydrologically-active areas. 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. The Citys Comprehensive Plan and any other adopted plans as they relate to: i. Uses Permitted By Right (P): indicates that a use is allowed by right. 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. The location generally corresponds to the Town Center Plan area in the Comprehensive Plan. 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. 1. Create a Website Account - Manage notification subscriptions, save form progress and more. C. Notwithstanding the above, any garage or carport shall be set back a minimum of ten (10) feet from a right-of-way. Detached Dwelling. Upon receiving an application to resume work and a declaration from the landowner or developer that any claimed violations of this Code have ceased and that the landowner or developer is currently in compliance, the City Administrator shall determine, within ten (10) working days of receipt of said application, whether the work is in compliance. Provided, however, the time period may be extended upon the written request of the applicant. E. The City should encourage desirable development and construct infrastructure in the following Priority Growth Areas: A. Pollution generated by diffuse land use activities rather than from an identifiable or discrete source or facility. The standard is measured in decimal numbers, not percentages. Building setbacks adjacent to Main Street right-of-way in the Downtown Overlay District shall generally be assumed to be zero (0) feet, or built to the right-of-way line and allow for sidewalk widths of ten feet (10'), if the sidewalk is not part of the existing right-of-way. GENERAL DESCRIPTION OF RESIDENTIAL USE TYPES, GENERAL DESCRIPTION OF COMMERCIAL USE TYPES, GENERAL DESCRIPTION OF INDUSTRIAL USE TYPES, PARK AND OPEN SPACE AND RECREATION SERVICES, GENERAL DESCRIPTION OF AGRICULTURAL USE TYPES, Dwelling, Multiple-family (also multifamily), Motel, Motor Court, Motor Hotel, Lodge, or Inn, Nursery, Commercial and/or Gardening Supplies Sales, Planned Development or Planned Unit Development (PUD), Traditional Neighborhood Development (TND). Low Density Residential (SF1). Typical uses include television studios, telecommunication service centers, telegraph service offices, film recording, sound recording, and cable television operations. A. Applicability. Historic Area Work Permit. 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. C. The lawful use of the building at the time of the passage of this ordinance may be continued although such does not conform to the provisions hereof, and such use may be extended throughout the building provided no structural alterations except those required by law or ordinance are made therein. LAUNDRY SERVICES. If the City Council determines that the condition of a partys development or action of another party violates a higher standard than that required by this Code, the provisions of the applicable state or federal statute shall govern. Fiscal Surety. S. Prior to filing an appeal with a competent court of record, any party to an appeal may request that alternative resolution of the dispute be attempted. 3. 12-2022) This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current . A historic district includes all property within its boundaries, and may overlay any zoning district. A. Computation of Area of Individual Signs. Each Zoning District has a maximum number of units per acre that can be placed on a tract. A. M. Voluntary Compliance. B. H. Reinstatement of a lapsed approval shall require the applicant to pursue the same submittal and to obtain approval as an original application. I. regulation of signs, hours and other characteristics of operation. A sign (made of any material) that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences or other objects, with the subject matter appearing thereon not being applicable to the use of the premises upon which such sign is located. Stream Buffer. 4. Lot Depth. An accessory use as a personal service or profession or use customarily conducted within a dwelling carried on by a resident thereof, which does not change the residential character of the dwelling. A summons or notice to appear in answer to a charge of parking, standing or stopping in violation of this section shall be issued on the official form prescribed by the City of Liberty Hill. Uplands Zone. In cases where a proposed development is not in accordance with these policies changes to policies must be made by the appropriate review entity (either the City Council or Board of Adjustment for Policy- and Legislative-related applications and permits before any subdivision or development not in accordance with existing policies may proceed). The notice shall include a description of the violation, the date such violation was noted, instructions to contact the City Administrator to apply for a permit for the sign, if applicable, and the fine schedule if the notice is not heeded, refused or unclaimed. A sign for which a valid permit has been issued. Apartment Building. The owner or tenant of any building, structure, premises, or any part thereof, and any architect, engineer, builder, contractor, agent or other person who knowingly commits, participates in, permits, assists with or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided in this Chapter; in addition, each party may also be subject to civil penalties as provided in this Chapter or applicable law. 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. Residential lots on cul-de-sacs and eyebrows may have a reduced minimum lot width at the front property line, as follows: Table 4-3: Reduction of Minimum Residential Lot Width, Cul-de-Sac and Eyebrow Minimum Lot Frontage(ft). The Planning and Zoning Commission may establish conditions for approval, including, but not limited to: G. street improvements and dedications. For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by manmade changes to the land; and for qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff. 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. 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. The floor area of structures devoted to bulk storage of materials, including, but not limited to grain elevators and petroleum storage tanks, multilevel storage racks shall be determined on the basis of height in feet, i.e., ten (10) feet in height shall equal one (1) floor. K. Maximum of 8 living units in a row, per building. Roadside Stand. A building in which one or more specializing physicians and/or dentists have their offices. This number ONLY provides the maximum number of units allowed on the site. The administrative official for the purposes of this Chapter shall be the City Administrator and his assistants, deputies, and department heads insofar as they may be charged by the City Administrator and the provisions of this chapter with duties and responsibilities referenced in this Chapter and Chapter 3. The City Council has responsibility for hearing and taking final action on the following procedures described in this Code. Conditional Use permits allow for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this Code. 4. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established to insure against misuse of increased flexibility. Merchandise displays shall not be considered window signs. A yard extending along the full length of the front lot line of the zoned area. The ETJ increases as population increases. The regulations contained in this section are binding only within the city limits of Liberty Hill. Develop Land. Lot Width. Uses conducted within an enclosed building. The city requires that: (1) development impacts are mitigated through contributions of street rights-of-way and/or improvements to existing and new roadways; or (2) new developments contribute their fair share of the costs of needed transportation improvements. A. If there are two separate residential developments, side yard setbacks between the two developments shall still apply. Mining. Upon cessation of the event or use, the site shall be returned to its previous condition (including the removal of all trash, debris, signage, attention attracting devices or other evidence of the special event or use). P&Z discusses comp plan, updates ordinances. SCRAP AND SALVAGE SERVICES. A plat or replat or site development permit will not be approved unless the proposed lot(s) or site developments are served by an approved means of wastewater collection and treatment. Rezoning to and development under the PUD district will be permitted only if the development ordinance and general development plan meet the following criteria: 1. B. After Hours Utility Emergencies 319-627-2247 The City Administrator shall produce an administrative policy for addressing unlisted uses, consistent with all other provisions of this Code, either allowing for administrative decisions by the City Administrator or requiring legislative action by the City Council, or a combination of both the above, depending on the circumstance. Establishments or places of business primarily engaged in providing frequently or recurrently needed services of a personal nature. I. In addition to the general criteria for approval of administrative procedures, the City Administrator shall base the final action on the following criteria: Whether the intended sign conforms in all respects with all applicable regulations and standards of this Code and any applicable construction or safety standards of the Citys building Code. County Road. The registered professional engineer representing the subdivider is responsible for the accuracy, completeness and conformance of all plans to City standards and must certify (with seal) the construction plans as to accuracy and design and conformance with all applicable City requirements. C. Approval Criteria (PUD). Typical uses include banks, savings and loan institutions, loan and lending activities, and similar services. 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. 4. 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. E. General Industrial (I2). F. The Parks and Recreation Board will review the application or park-related project or policy, the Managers report, and make recommendations to the Planning and Zoning Commission and City Council based on the Parks and Recreation Plan set forth in the Comprehensive Plan, or other subsequent plans that are developed related to parks and recreation. It is computed as the total amount of impervious surface on the lot divided by the total lot area. I. Residential use types include the occupancy of living accommodations on a wholly or primarily nontransient basis. Dwelling Attached. Public Water Supply System. Included under this use category is townhouse and condominium. Subdivision Preliminary Plan. The applicant shall present sufficient evidence and have the burden to justify a reversal of the action being appealed. 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[.]. What are the current projects going on in Liberty Hill. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Ordinance Code [sic]. That the proposed use will comply [with] each of the applicable provisions of these regulations. Generally, parking lots shall be laid out to continue the street/block pattern of the area so that the lots can easily be redeveloped with buildings consistent with the urban design of the surrounding development[.]. A final plat is a subdivision or drawing intended for recordation in the plat records of the county in which the subdivision is located. Dedication of land and community facilities, 11. For this type of development, only one of the side yard setbacks may be waived for areas between housing units. Establishments or places of business primarily engaged in wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. Other activities, including outdoor processing of materials, storage of materials, and display of products are subject to conditional use standards for potential nuisance mitigation. 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. The projected wastewater discharge of a proposed development shall not exceed the proposed capacity of the proposed developments wastewater system. Approved Site Plans - Nothing in this Code shall require a change in site plan approved prior to the effective date of this Code, provided a building permit is issued prior to expiration of the site plan, and construction begins consistent with the terms and conditions of the building permit and proceeds to completion in a timely manner. E. Replatting a portion of a recorded lot is not permitted. Typical uses include quarries, borrow pits, sand and gravel operations, oil and gas extraction, and mining operations. J. D. Signs and Attention-Attracting Devices. Portions of the City of Liberty Hill, as specified on the Official Zoning Map of the City, are hereby divided into the following zoning districts. The City Administrator shall define the content and form of the site development permit application. RESEARCH SERVICES. The notice must be mailed at least ten (10) days prior to the date set for the public hearing. Typical uses include private social clubs and fraternal organizations. This section shall not be applicable to any ordinance that concerns the development of real property; as adopted prior to the adoption of this chapter and is exempted by 245.004 from the protection provided by Chapter 245. J. requirements for maintenance of landscaping and other improvements, K. establishment of development schedules or time limits for performance of completion, and. Lot Line, Front. From ordinance updates to a zone map amendment, the Commission made several policy adjustments. D. The final decision on the application was based on a material mistake of fact. G. Approval Criteria. A sign that advertises or solicits support for a nonprofit community use, public use or social institution. Any sign that revolves around one or more fixed axis. Those plant communities that develop in the absence of human activities. 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. Every device, including major parts thereof, in, on, or by which any person or property is or may be transported or drawn on a transportation facility, except devices moved by human or animal power, or devices used exclusively on stationary rails or tracks. An interregional road conveying traffic between growth areas. This does not yet factor lot standards found in Table 5.1 [4-4]. A. D. Effect of Council Approval. That there is a financial or economic hardship. Public Sewerage System. The space located off of a public road, designed, intended, used or required to park one passenger vehicle. F. The delay of standard review periods may not be implemented as a moratorium. GENERAL DESCRIPTION OF INDUSTRIAL USE TYPES. In many cases, the total number of units that can be placed on a site, after considering the land area needed to accommodate infrastructure and environmental factors (right-of-way, drainage, floodplains, steep slopes, impervious cover limitations, minimum lot size standards, yard setbacks, and maximum lot coverage) will be less than the amount based simply on the maximum development density. Any place, home or institution that receives nine (9) or more children under the age of fourteen (14) years, and not of common parentage, for care apart from their natural parents, legal guardians, or custodians, when received for regular periods of time for compensation, provided that this definition shall not include public or private schools organized, operated, or approved under Texas laws, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending service, activities, or meetings. Easement. (4) Transfer of required parkland dedication in one subdivision to another location owned by the same subdivider within one-half mile of the proposed subdivision. FUNERAL SERVICES. A sign which is attached directly to the ground or is supported by a sign structure that is placed on or anchored in the ground and is independent from any building or other structure. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed within a reasonable and appropriate timeframe at no expense to the City. The City Council will appoint a City Engineer to function as described in this Code. Standards are mandatory when they are only enforceable within the city limits of Liberty Hill. A tract of land designated on a subdivision plat for future development, or not designated for any specific purpose, that has not been evaluated for compliance with the requirements of this Ordinance Code [sic] for adequate facilities or zoning requirements and is, therefore, not useable as a legal building site. For new developments or remodels of existing developments, off-street parking shall be provided according to the parking requirements found in Chapter 5 and 6 of this Code. In addition to the penalties otherwise provided, any condition caused or permitted to exist in violation of any provision of this Code or any ordinance, which provision is intended for the protection of the public health, safety or welfare, may be determined to constitute a public nuisance and may be abated by the City as provided by law. 2. K. Determination by City Attorney. RESOURCE EXTRACTION. If the letter P appears for a sign type in a column, such sign is allowed only with prior permit approval in the zoning districts represented by that column. Such uses are subject to all other applicable regulations of this Code. A person who transfers development rights and all persons who have any lien, security interest, or other interest with respect to development rights held by a transferor. The Planning and Zoning Commission shall forward its recommendation to the City Council, which is responsible for final action on the Preliminary Plat. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this Ordinance Code [sic]. TRANSPORTATION TERMINAL. The Planning and Zoning Commission makes a recommendation to the City Council, based upon its findings that: A. Absolute majority. Loading Space or Loading Zone. To the extent it is practicable, monuments should be installed in locations that will prevent disturbance or destruction of the monument by construction activities. When an existing lighting fixture(s) become inoperable, their replacements are subject to the provisions of this Code. Applications must include all materials determined necessary by the City Administrator. Reductions of buffer width more than fifty percent (50%) shall not be considered without written approval from the adjoining property owners, and only upon written approval by the City Council. All Nonconforming Signs shall be brought into compliance with this chapter in accordance with the provisions of this Section. B. E. Initiation of a Planning and Zoning Commission process may be made upon application by the property owner of the affected property or its authorized agent. 7. The City Administrator may approve the temporary use of attention attracting devices that generally conform to the requirements of this Code. B. In cases of partial destruction by fire or other causes, not exceeding fifty (50) percent of its value, the building inspector shall issue a permit for reconstruction. Typical uses include monument and stone yards, grain elevators, open storage yards, and petroleum products storage and distribution. Criteria for Approval. Rules for setback averaging are shown in the diagrams. The first application must be submitted within twelve (18) [sic] months from the date site plan approval is granted. When a vehicle is towed, the owner shall be liable for the wrecker and the storage fees in addition to the fine for the violation of this Code section. A phasing plan indicating the anticipated commencement and completion date of all phases of the proposed development; and. Postal Facilities. This includes a sign that uses traveling lights, traveling lighted messages, or flashing lights. Each day any violation of this Code or of any ordinance of the City continues shall constitute a separate offense. 5. Minor Collector. E. Procedures for City Council review and action will be developed and adopted by the Council when appropriate. 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. To erect, construct, reconstruct, alter, repair, convert, maintain, or use any building, structure, property, or to use any land in violation or contravention of these regulations or any other regulation established under any other applicable legal authority. The City Secretary shall receive the proposed amendments within the sixty (60) days preceding September 1st and shall refer the proposed amendments to the Planning and Zoning Commission by October 1st of each year. J. Recordation. Wall area shall be measured by calculating the continuous uninterrupted wall area (not including windows) on the elevation where a sign is to be placed. 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. Provision of a comprehensive transportation system for bicycle, pedestrian and vehicular traffic that is connected and integrated with existing development. 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. The written decision will also state the final action authoritys findings, conclusions, and supporting reasons or facts whenever this Code requires such findings as a prerequisite to the final action. 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. 1. Q. Noxious Plants. For developments planning to utilize on-site treatment systems, please consult the Williamson County rules for On-site treatment standards. Animal hospitals, stables, or kennels; 5. B. Veterinary services and hospitals for animals. The removal of trees and brush from the land not including the ordinary mowing of grass. 2. 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. Other Conditions. Land carried on the Williamson County Appraisal District tax rolls as agricultural land, or which is used for the purpose of conducting agricultural activities. Normally, the area is landscaped or kept in open space use. B. Critical Environmental Features. Residential Sign. 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). Uses within this district are not compatible with residential areas and neighborhood commercial uses. A Bed and Breakfast is generally a smaller lodging facility than a hotel. No Person shall alter an abandoned sign or supporting structure without first obtaining a permit to do so from the City Administrator.
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