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Form a Business

Filing; Review.

Austin City Code tit. 25, ch. 25-1, art. 4, div. 2
in effect

Austin City Code § 25-1-81 AUTHORITY TO FILE AN APPLICATION.

§ 25-1-81 - AUTHORITY TO FILE AN APPLICATION. A record owner or the record owner's agent may file an application for a permit or approval required by this title. The responsible director or building official may require an applicant to provide evidence of the applicant's authority to file an application. Source: Section 13-1-30; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

Austin City Code § 25-1-82 NON-SUBDIVISION APPLICATION REQUIREMENTS AND EXPIRATION.

§ 25-1-82 - NON-SUBDIVISION APPLICATION REQUIREMENTS AND EXPIRATION. This section does not apply to an application for preliminary plan, plat, or subdivision construction plan. (A) The responsible director may adopt rules establishing the requirements for an application, including timelines for completing staff review and deadlines by which an application must be updated to meet the requirements of this title and other applicable regulations. The rules adopted must be consistent with the timelines for action established in Section 25-1-64 (Action on an Application; Deadline). (B) The responsible director or building official may permit an applicant to omit required information from an application that the responsible director or building official determines is not material to a decision on the application. An applicant who disagrees with a determination under this subsection may appeal the decision to the city manager. (C) Except as otherwise provided for in this section, the director is authorized to certify a site plan application if it complies with this subsection. (1) An application is complete after the applicant pays the required fee and provides the information required to be included in the application no later than the 45th day after the application is submitted. (2) If the director rejects an application as incomplete, the director shall provide an applicant with a written explanation that identifies the deficiencies and information needed to complete the application. The director must provide the written explanation within 10 working days after the application is received. (3) An application expires if it is not complete on or before the 45th day after the application is submitted. An applicant may submit additional information and correct any deficiencies at any time before the 45th day after the application was submitted. (4) A certification that the site plan application is administratively complete is valid for 45 days after the certification has been issued. (D) The director is authorized to review a site plan application if the applicant pays the required fee and the site plan application has a valid certification of completeness. If the application has not yet been certified, the certification is no longer valid, or the submitted site plan does not match the certified materials, the director may not review the application but shall provide the applicant a written explanation that identifies the deficiencies within 10 working days after application is received. (E) The responsible director or building official may not accept a building or demolition permit application described in Chapter 25-11, Article 2 (Building and Demolition Permits) unless the application is determined to be complete in accordance with this subsection. (1) The responsible director or building official shall accept an application as complete if the applicant has paid the required fee and provided the information required to be included in the application no later than the 45th day after the application is submitted. (2) If the responsible director or building official rejects an application as incomplete, the responsible director or building official shall provide an applicant with a written explanation that identifies the deficiencies and information needed to complete the application. The responsible director or building official must provide the written explanation within 10 working days after the application is received. (3) An application expires if it is not complete on or before the 45th day after the application is submitted. An applicant may submit an update to provide additional information and to correct deficiencies at any time before the application expires. (F) An application for a site plan expires one year after the application is submitted unless: (1) the application has been approved; or (2) the director has granted additional days for the applicant to submit an update under Section 25-1-90(A) (Extension of Update Deadline). (G) If the director grants additional days to the applicant under Subsection (F)(2), then the expiration date of the application is extended by the number of days granted. (H) Applications subject to Section 25-1-712 (Tenant Notification Required). (1) The responsible director may not certify a site plan application as complete until the applicant has paid the required fee, provided the information required to be included, and complied with the notification requirements or the required number of days lapse. (2) The responsible director or building official may not accept an application as complete until the applicant has paid the required fee, provided the information required to be included, and complied with the notification requirements or the required number of days lapse. (3) If, at the time an application is submitted, a multi-family property is unoccupied but was occupied within the previous 120 days, the application will be rejected as incomplete. (4) If, at the time an application is submitted, a mobile home park is unoccupied but was occupied within the previous 270 days, the application will be rejected as incomplete. Source: Section 13-1-31; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. No. 20140612-084, Pt. 6, 6-23-14; Ord. No. 20160421-039, Pt. 3, 5-2-16; Ord. No. 20160901-050, Pt. 6, 9-12-16; Ord. No. 20190822-117, Pt. 6, 9-1-19; Ord. No. 20230831-141, Pt. 8, 9-11-23; Ord. No. 20230831-103, Pt. 1, 9-11-23.

Austin City Code § 25-1-83 PRELIMINARY PLAN OR PLAT APPLICATION REQUIREMENTS AND EXPIRATION.

§ 25-1-83 - PRELIMINARY PLAN OR PLAT APPLICATION REQUIREMENTS AND EXPIRATION. This section applies only to an application for preliminary plan or plat. (A) The responsible director may adopt rules establishing the requirements for an application, including timelines for completing staff review as well as when an application may be updated to meet the requirements of this title and other applicable regulations. The rules adopted must be in accordance with the timelines for action established within Section 25-4-32 (Action Within 30 Days). (B) An application for preliminary plan or plat expires 180 days after the application is filed unless the application has been approved. (C) An application that has been disapproved with reasons may be updated to address those reasons until the application expires. (D) The responsible director may permit an applicant to omit required information from an application that the responsible director determines is not material to a decision on the application. (E) The responsible director shall consider an application filed only if the applicant has paid the required fee and provided the information required by the director consistent with state law. (1) The applicant has 45 days to provide all the information required by the director after the application is submitted. (2) If an application is rejected as incomplete, the responsible director shall provide the applicant a written explanation identifying the deficiencies and the information required to complete the application 10 working days after the application is received. (3) An application expires if it is not complete on or before the 45th day after the application is submitted. An applicant may submit an update to provide additional information and to correct deficiencies at any time before the application expires. Source: Ord. No. 20190822-117, Pt. 8, 9-1-19; Ord. No. 20230831-141, Pt. 9, 9-11-23; Ord. No. 20240718-102, Pt. 1, 7-29-24.

Austin City Code § 25-1-84 SUBDIVISION CONSTRUCTION PLAN APPLICATION REQUIREMENTS AND EXPIRATION.

§ 25-1-84 - SUBDIVISION CONSTRUCTION PLAN APPLICATION REQUIREMENTS AND EXPIRATION. (A) The responsible director may adopt rules establishing the requirements for a subdivision construction plan application, including timelines for completing staff review as well as when an application may be updated to meet the requirements of this title and other applicable regulations. (B) The director is authorized to certify a subdivision construction plan as complete if it complies with this subsection. (1) An application is complete if the applicant has paid the required fee and provided the information required to be included in the application no later than the 45th day after it was submitted. The responsible director may permit an applicant to omit required information from an application that the responsible director determines is not material to a decision on the application. (2) When the director rejects an application as incomplete, the director shall provide an applicant with a written explanation that identifies the deficiencies and information needed to complete the application. The director must provide the written explanation within 10 working days after the application is received. (3) An application expires if it is not complete on or before the 45th day after the application is submitted. An applicant may submit an update to provide additional information and correct any deficiencies at any time before the 45th day. (4) A certification that the subdivision construction application is administratively complete is valid for 45 days after the certification has been issued. (C) The director is authorized to review the subdivision construction plan application if the applicant pays the required fee and the application has a valid certification of completeness. If the application has not yet been certified, the certification is no longer valid, or the submitted construction plan application does not match the certified materials, the director will not review the application but shall provide the applicant a written explanation identifying the deficiencies 10 working days after the application is received. (D) An application for subdivision construction plan expires one year after the application is submitted unless the application has been approved. Source: Ord. No. 20230831-141, Pt. 11, 9-11-23.

Austin City Code § 25-1-85 APPLICATIONS RELATING TO A CLOSED MUNICIPAL SOLID WASTE LANDFILL.

§ 25-1-85 - APPLICATIONS RELATING TO A CLOSED MUNICIPAL SOLID WASTE LANDFILL. (A) In this section: (1) CMSWL means an area defined as a closed municipal solid waste landfill in Texas Administrative Code, Title 30, Section 330.951. (2) LANDFILL AREA means an area marked on a map created by the City and maintained in the Watershed Protection and Development Review Department showing all known CMSWL and including property within: (a) the known boundary of a CMSWL; (b) 200 feet around the estimated boundary of a CMSWL if the boundary is not known; or (c) 1,500 feet from the estimated center of the CMSWL if neither a known boundary nor an estimated boundary is known. (B) Except as provided in Subsection (C), this section applies to development of a residential, commercial, or public enclosed structure that is designed for use by humans and that is located on: (1) a site over 1 acre in size; or (2) a site located within a landfill area. (C) This section does not apply to the remodel of or addition to a single family or duplex residential use permitted in a single family residential small lot (SF-4A) or more restrictive zoning district. (D) The responsible director or building official may not approve an application for subdivision, site plan, or building permit unless the applicant has delivered to the responsible director or building official: (1) certification from a licensed professional engineer that the site does not overlie a CMSWL; or (2) if the site overlies a CMSWL: (a) a development permit from the Texas Commission on Environmental Quality; (b) written notification from the Texas Commission on Environmental Quality that a development permit is not required; or (3) certification from a licensed professional engineer that the applicant will conduct soil testing under the requirements of the Texas Commission on Environmental Quality during construction of the foundation to determine whether the site overlies a CMSWL. Source: Section 13-1-37; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20080925-138; Ord. No. 20190822-117, Pt. 7, 9-1-19; Ord. No. 20230831-141, Pt. 10, 9-11-23.

Austin City Code § 25-1-86 PROCESSING CYCLES.

§ 25-1-86 - PROCESSING CYCLES. (A) The responsible director may establish regular cycles for consideration of applications by City staff, boards, commissions, and the council. The city manager shall advise the council of the creation or change of a cycle. (B) An established cycle supersedes conflicting requirements of this title, except the requirements relating to the duration of a project and those mandated by state law. Source: Section 13-1-33; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. No. 20190822-117, Pt. 7, 9-1-19; Ord. No. 20230831-141, Pt. 10, 9-11-23.

Austin City Code § 25-1-87 SEQUENCE OF REVIEW.

§ 25-1-87 - SEQUENCE OF REVIEW. (A) An application may not be placed on a board or commission agenda unless staff review is finished and a staff recommendation is available for board or commission consideration. This requirement does not apply if staff review is not finished by the deadline prescribed by this title. (B) An application may not be placed on the Land Use Commission or council agenda unless recommendations from all other boards and commissions required to review the application are available for Land Use Commission or council consideration. The responsible director may waive this requirement if the responsible director determines that: (1) a board or commission did not review the application in a reasonable period of time; and (2) the delay is attributable to the board or commission and not the applicant. Source: Section 13-1-110; Ord. 990225-70; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11; Ord. No. 20190822-117, Pts. 7, 9, 9-1-19; Ord. No. 20230831-141, Pts. 10, 12, 9-11-23.

Austin City Code § 25-1-88 BOARD AND COMMISSION SCHEDULE.

§ 25-1-88 - BOARD AND COMMISSION SCHEDULE. The city manager shall inform a board or commission of the dates that other boards or commissions are scheduled to consider an application. A board or commission shall act diligently to finish its review in accordance with the schedule. Source: Section 13-1-111; Ord. 990225-70; Ord. 031211-11; Ord. No. 20190822-117, Pt. 7, 9-1-19; Ord. No. 20230831-141, Pt. 10, 9-11-23.

Austin City Code § 25-1-89 EXTENSION OF REVIEW PERIOD FOR PRELIMINARY PLANS AND PLATS.

§ 25-1-89 - EXTENSION OF REVIEW PERIOD FOR PRELIMINARY PLANS AND PLATS. (A) For preliminary plan and plat applications, the director may extend the review period one time if the applicant submits a written request for an extension before the time limitations in Section 25-4-32 (Action Within 30 Days). The review period can only be extended to one time. (B) If the director approves an extension request under Subsection (A), the director shall approve, approve with conditions, or disapprove an application for a preliminary plan or plat no later than the expiration of the extended review period. Source: Section 13-1-34; Ord. 990225-70; Am. Ord. 010329-18; Ord. 031211-11; Ord. No. 20190822-117, Pts. 7, 10, 9-1-19; Ord. No. 20230831-141, Pts. 10, 13, 9-11-23.

Austin City Code § 25-1-90 EXTENSION OF UPDATE DEADLINE.

§ 25-1-90 - EXTENSION OF UPDATE DEADLINE. This section does not apply to a preliminary plan, plat, or subdivision construction plan. For all other development applications: (A) If the time required for staff review of an application exceeds the review time established by the director under Section 25-1-82 (Non-Subdivision Application Requirements and Expiration), the responsible director shall extend the deadline for submitting an update to the application by the number of days that staff exceeded the established review time. The responsible director shall notify the applicant of the new deadline for submitting an update. (B) An applicant who is not entitled to an automatic extension under Subsection (A) of this section may request that the responsible director extend a deadline for submitting an update to an application, other than an application for a site plan, subdivision, or subdivision construction plan, in accordance with this subsection. (1) A request for an extension under this subsection must be filed with the responsible director in writing before expiration of the deadline established by the director under Section 25-1-82 (Non-Subdivision Application Requirements and Expiration) and must include a justification for the request. (2) The responsible director must give notice under Section 25-1-133(B) (Notice of Applications and Administrative Decisions) of an extension request under this subsection. (3) The responsible director may grant an extension request under this subsection if the responsible director determines that good cause exists for the extension. An extension period may not exceed the length of the original time period for submitting an update to the application. (4) An interested party may appeal the responsible director's decision under this subsection to the Land Use Commission. Source: Section 13-1-35; Ord. 990225-70; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11; Ord. No. 20160421-039, Pt. 4, 5-2-16; Ord. No. 20190822-117, Pts. 7. 11, 9-1-19; Ord. No. 20230831-141, Pt. 10, 9-11-23.

Austin City Code § 25-1-91 TOLLING OF APPLICATION PERIOD.

§ 25-1-91 - TOLLING OF APPLICATION PERIOD. (A) This section establishes a "stop the clock" provision tolling the expiration period for an application that requires discretionary review by the Land Use Commission, Board of Adjustment, or city council. (B) The expiration of an application is tolled if, prior to expiration of the application, the director determines that: (1) discretionary review, as authorized under this title, by the Land Use Commission, Board of Adjustment, or city council, other than a zoning change or code amendment; and (2) the application meets all other requirements for approval, except for payment of fees, posting fiscal surety, and other code requirements as determined by the director under Section 25-1-82 (Non-Subdivision Application Requirements and Expiration), 25-1-83 (Preliminary Plan or Plat Application Requirements and Expiration), or 25-1-84 (Subdivision Construction Plan Application and Requirements). (C) If an applicant obtains all required discretionary approvals from the Land Use Commission, Board of Adjustment, or city council, any additional updates of the application must be submitted no later than 60 working days after the date of the approval. An application expires if the applicant does not comply with this deadline. (D) An application expires if the Land Use Commission, Board of Adjustment, or city council denies a required discretionary approval or fails to take action after considering the matter at a public hearing. (E) If expiration of an application is tolled under this section pending required approval by the Land Use Commission, Board of Adjustment, or city council, the expiration period for all other applications associated with the same project is also tolled. Source: Ord. No. 20160421-039, Pt. 5, 5-2-16; Ord. No. 20160901-050, Pt. 9, 9-12-16; Ord. No. 20190822-117, Pts. 7, 12, 9-1-19; Ord. No. 20230831-141, Pts. 10, 14, 9-11-23.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT25LADE_CH25-1GEREPR_ART4APAP_DIV2FIREFetched: 10/27/2026

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