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MapLink™ | Procedures | Zoning-Related Applications

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Zoning-Related Applications
Applicability, Completeness, and Expiration.
A. Applicability. The following procedures shall apply to any zoning related plan or Application that is required by the City and is submitted in accordance with this UDC.

B. Determination of Completeness for Zoning-Related Applications. Every required Application shall be subject to a Determination of Completeness by the Responsible Official for processing the Application.
1. Acceptance Standard. The Application shall only be accepted by the Responsible Official for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this UDC.

2. Acceptance Procedures. A Determination of Completeness of an Application shall be conducted in accordance with the following procedures:
a. A Determination of Completeness shall be made by the Responsible Official not later than the tenth (10th) business day, unless otherwise specified, after the Official Vesting Date.
b. If the submitted Application is incomplete, the Applicant shall be notified in writing not later than the tenth (10th) business days after the Official Vesting Date.
i. Such notice shall be served by depositing it in the U.S. Postal Service, or by electronic mail transmission, before the tenth (10th) business day following submission of the Application.
ii. The notification shall specify the documents or other information needed to complete the Application, and shall state the date the Application will expire (see D below) if the documents or other information are not provided to the City.
c. An Application shall be deemed complete on the eleventh (11th) business day after the Application has been received if notice is not served in accordance with D below.
d. If the Application is determined to be complete, the Application shall be processed as prescribed by this UDC.

3. Acceptance shall not Constitute Compliance. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Section.

4. Acceptance shall not Guarantee Approval. It is not guaranteed that an accepted, complete Application will be approved, if after the Application is deemed complete it is determined that the Application does not comply with this UDC.

C. Re-Submittal after Notification of Incompleteness.
1. If the Application is re-submitted after a notification of incompleteness within the time allotted in subsection D below, the Application shall be processed upon receipt of the re-submittal.
2. To the extent that the information or documents submitted are not sufficient to enable the Decision-Maker to apply the criteria for approval, the Application may be denied on such grounds.

D. Expiration of a Zoning-Related Application due to Incompleteness. Pursuant to Texas Local Government Code Chapter 245, a zoning-related Application shall automatically expire at the close of business on the forty-fifth (45th) calendar day after the Application’s Official Vesting Date, if:
1. The Applicant fails to provide documents or other information necessary to comply with the City’s technical requirements relating to the form and content of the permit Application; and
2. The City provides to the Applicant, not later than the tenth (10th) business day after the date the Application is filed, written notice that specifies the necessary documents or other information, and the date the Application will expire if the documents or other information is not provided; and
3. The Applicant fails to provide the specified documents or other information necessary to comply with the City’s requirements relating to the Application within the time provided in the notification.

E. Texas Local Government Code Chapter 245 does not apply to Zoning Amendment Applications. Chapter 245 of the Texas Local Government Code, as amended, shall not apply to a Zoning Amendment Application or an ordinance establishing zoning since neither is a permit under this UDC or Chapter 245.

F. Denial of Zoning Applications.
1. If any City official processes a zoning Application prior to the Application being determined complete, the Application shall then be deemed invalid and shall be grounds for denial or revocation of such Application.
2. A typographical error shall not constitute an incomplete Application.
3. The Applicant may be notified of such denial or revocation for an incomplete zoning Application in writing.

G. Vesting Begins on the Official Vesting Date. An Application shall be vested into the standards of the UDC in effect at the time of the Application’s Official Vesting Date.

H. Submission of Previously Decided Zoning Related Application. After the final decision on a specific Application by the Decision-Maker, the same Application shall not be submitted again until after six (6) months from the Decision-Maker’s action.