City of Greenville, TX PROCEDURES AND ADMINISTRATION

Official Filing Date.

The time period established by state law or this Zoning Ordinance for processing or deciding an application shall commence on the official filing date. The official filing date is the date the applicant delivers the application or plan (i.e., Site Plan, Design Plan, Site Development Plan, etc.) to the City or deposits the application or plan with the United States Postal Service by certified mail addressed to the City.

Determination of Completeness.

Every petition for an application for an approval (referred to in this section as an "application") authorized by this Zoning Ordinance shall be subject to a determination of completeness by the Community Development Director for processing the application.

No application shall be accepted by the Community Development Director for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this Zoning Ordinance.

The incompleteness of the application shall be grounds for denial or revocation of the application.

A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Zoning Ordinance.

A determination of completeness shall be made by the responsible official in writing to the applicant no later than the tenth (10th) business day after the official filing date that the application is submitted to the Community Development Department.

The applicant shall be notified within that ten-business-day period of the determination of completeness.

If the application determined to be complete, the application shall be acted upon in the proper manner as prescribed by this Zoning Ordinance.

If the application determined to be incomplete, the determination shall specify the documents or other information needed to complete the application and shall state the date the application will expire if the documents or other information is not provided.

An application shall be deemed complete on the eleventh 11th business day after the application has been received if the applicant has not otherwise been notified that the application is incomplete.

The application shall expire on the forty-fifth (45th) day after the date the application is filed if:

The applicant fails to provide documents or other information necessary to comply with the City’s requirements relating to the permit application;

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

The applicant fails to provide the specified documents or other information within the time provided in the notice.

Editor’s note—This and subsequent subsections of this section renumbered for sequence.

(6)

If the application is not completed on the 45th day after the application is submitted to the responsible official, the application will be deemed to have expired and it will be returned to the applicant together with any accompanying applications.

8-1.4

Expirations of Approved Permits and Projects.

This Section is in accordance with Chapter 245.005, as amended, of the Texas Local Government Code (TLGC), which outlines State regulations on expiring dormant projects. In any conflict between the regulations of this Subsection 8-1.4 or any other provision of this Zoning Ordinance and the regulations of Chapter 245.005, the City Attorney’s interpretation of TLGC Chapter 245.005, as amended, shall prevail.

Any plan, permit, or development application required by this Zoning Ordinance shall be deemed expired two (2) years from the date on which the plan, permit or development application was originally approved if no progress has been made toward completion of the project.

Any project for which an expiration date is not otherwise specified within this Zoning Ordinance shall be deemed expired five (5) years from the date on which a plan, permit or development application was originally approved in relation to the project if no progress has been made toward completion of the project.

The term "progress" shall be as defined in TLGC Chapter 245.005, as follows:

An application for a final plat or the next required plan, as applicable, is submitted to the City;

A good-faith attempt is made to file with the City an application for a permit necessary to begin or continue towards completion of the project;

Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent (5%) of the most recent appraised market value of the real property on which the project is located;

Fiscal security is posted with the City to ensure performance of an obligation required by the City; or

Utility connection fees or impact fees for the project have been paid to the City.

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 8-2 Zoning Amendments.

8-2.1

Considerations.

In making a determination regarding a written requested zoning change, the Commission and the City Council shall consider the following factors:

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole;

Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;

The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development;

The recent rate at which land is being developed in the same zoning classification as the written request, particularly in the vicinity of the proposed change;

How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved; and

Any other factors which will substantially affect the public health, safety, morals, or general welfare.

8-2.2

Application.

Each application for zoning or for an amendment or change to the existing provisions of this Zoning Ordinance shall be made in writing on an application form available at the City in the office of the Community Development Department, filed with the City, and shall be accompanied by payment of the appropriate fee.

Any person or corporation having a proprietary interest in any property may petition the City Council for a change or amendment to the provisions of this Ordinance.

The application shall also be accompanied by additional information materials, such as plans, maps, exhibits, legal description of property, architectural elevations, information about proposed uses, as deemed necessary by the Community Development Director or his/her designee, in order to ensure that the written request is understood.

In addition to the notification procedures as outlines in Section 8-2.3 of this Ordinance, the applicant shall place a sign on the property proposed for rezoning not less than fifteen (15) days prior to the date of the hearing before the Planning and Zoning Commission meeting. Such sign shall be located within thirty (30) feet from, and shall be legible from, the nearest public road or street which abuts the property. Such sign shall state that a zoning request has been proposed for the property, and shall provide a telephone number where information can be obtained about the zoning request.

The Zoning-change notice signs shall be four (4) feet by four (4) feet in size. The sign shall state in English that a zoning request has been proposed for the property. The signs shall be two (2) sided, ten (10) millimeter Coroplast, and include lettering on both sides as shown below in a clearly-legible font in approximately the same size as in the example below.

The property owner of his/her representative must provide verification with a photography that the zoning and/or conditional use permit sign is in place at least fifteen (15) days prior to the scheduled Planning and Zoning Commission meeting date.

The property owner or his/her representative must remove the sign within three (3) days after the City Council’s approval or denial of the zoning request.

In addition to the zoning application, a Design Plan shall be submitted as prescribed in Section 6-7 of this Ordinance for any zoning request involving the formation of a Planned Development District.

8-2.3

Public Hearing Notification Procedures.

Zoning Map Amendments.

The Greenville City Building Official/Code Enforcement Manager or his or her designee shall send written notice of the public hearing to all owners of property, as indicated by the most recently approved City tax roll, that is located within the area of application and within two hundred feet (200') of any property affected thereby, said written notice to be sent before the 10th day before the hearing date. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, with first class postage paid, in the United States mail.

Notice of the hearing shall also be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the City before the 15th day before the date of the hearing date of the public hearing.

Zoning Text Amendments.

Changes in the Ordinance text which do not change zoning district boundaries, do not establish zoning regulations for specific districts, or do not involve specific real property, do not require written notification to individual property owners. Therefore, for requests involving proposed changes to the text of the Zoning Ordinance, notice of the public hearing shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the City not less than fifteen (15) days prior to the date of the public hearing.

The City may, at its option, establish additional rules and procedures for public notification of proposed zoning changes or development proposals such as Site Plans, plats and Developer Agreements. Adherence to such rules and procedures, if so established by the City, shall be the responsibility of the applicant and shall be required as part of a zoning change or development application.

8-2.4

Process Related to the P&Z Commission for Approving or Denying Zoning Amendments.

The Planning and Zoning Commission shall hold a public hearing on any application for any amendment, supplement or change prior to making its recommendation and report to the City Council. Notification procedures shall be as outlined in subsection 8-2.3 of this Ordinance.

A sign meeting the requirements of Section 8-2.2(C), above, must be effected by the applicant on the property indicating a request for Zoning Change at least fifteen (15) days before the Planning and Zoning Commission shall hold a public meeting.

Action on the Proposed Amendment.

After all public input has been received and the public hearing is closed, the Commission shall make its recommendations on the proposed zoning request.

The Commission shall state its findings, its overall evaluation of the request, and its assessment regarding how the request relates to the City’s Comprehensive Plan.

The Commission may, on its own motion or at the applicant’s request, defer its decision recommendations until it has had an opportunity to consider other information or proposed modifications to the request which may have a direct bearing thereon. If the Commission elects to table the request, such tabling shall specifically state the time period of the tabling by citing the meeting date whereon the request will reappear on the Commission’s agenda.

When the Commission is ready to act upon the zoning request, it may recommend:

Approval of the request as it was submitted by the applicant,

Approval of the request subject to certain conditions, as in the case of a Planned Development district or a Conditional Use Permit, or

Disapproval of the request.

After the Commission’s recommendation, the request will be automatically forwarded to the City Council for a second public hearing thereon.

If the Commission recommends denial of the zoning change request, it shall provide reasons to the applicant for the denial, if requested by the applicant. The Commission Chairperson shall inform the applicant of the right to receive reasons for the denial.

8-2.5

Process Related to the City Council for Approving or Denying Zoning Amendments.

Any request for a zoning change that has not been brought before the City Council within sixty (60) days of a decision by the Commission shall nullify any Commission action and will require another Commission review prior to review by the City Council.

A public hearing shall be held by the City Council prior to adoption of any proposed amendment, supplement or change.

Action on the Proposed Amendment.

After all public input has been received and the public hearing is closed, the City Council shall make its recommendations on the proposed zoning request. The City Council may:

Approve the request in whole or in part,

Deny the request in whole or in part,

Table the application to a future meeting, specifically citing the City Council meeting to which it was tabled,

It may refer the application back to the Commission for further study.

If the City Council approves the rezoning request, the request shall be deemed finally approved.

Upon approval, the applicant shall submit all related material (with revisions, if necessary) to the Community Development Director for the preparation of the amending ordinance.

The zoning request shall be deemed approved at the time the City Council makes a decision to approve the request as submitted or with certain conditions. However, the amending ordinance will not be prepared or formally adopted until a correct description and all required exhibits have been submitted to the Community Development Director or his/her designee. If such materials are not submitted within thirty (30) days following City Council approval of the rezoning request, the new zoning will have no affect and will become null and void. The applicant will have to resubmit such request, and proceed through the rezoning process once again.

If an application for zoning or rezoning is denied by the City Council, no application to zone or rezone the same property or any portion thereof shall be filed to the same zoning classification within one (1) year of the date of denial.

A majority vote of the City Council members present shall be required to approve an amendment, supplement or change to this Ordinance, except that such amendment shall not become effective except by a three-fourths vote of all members of the City Council in the following cases.

In compliance with the provisions of Section 211.006 of the Texas Local Government Code, a protest against a proposed amendment to the zoning map has been signed by the owners of twenty (20) percent or more of either of the following:

The land area included in such proposed change; or

The land area within two hundred (200) feet of the boundaries of the site of the proposed change.

(Ordinance 17-002 adopted 1/10/17)

§ 8-3 Site Plans.

8-3.1

Purpose & Applicability

Purpose.

This Section establishes a review process for all types of development, except single-family in a platted subdivision. The purpose of a Site Plan is to ensure that a development project is in compliance with all applicable City ordinances and guidelines prior to commencement of construction. Approval of the Site Plan is required prior to site construction.

Applicability.

Submission and approval of a Site Plan shall be required for all nonresidential, townhouse, single-family attached, and multi-family residential projects, and for all CUPs. The Community Development Director shall be the responsible official for processing of a Site Plan.

Exemptions & Exceptions.

A Site Plan shall not be required for single-family detached or two-family residential developments, unless the proposed subdivision will include a private amenity or facility comprised of one or more buildings (such as a private recreation/swimming facility, clubhouse, etc.) or a golf course, or unless the proposed subdivision will have private (not public) streets. In these instances, Site Plan submission and approval will be required for the private amenity or facility, the golf course clubhouse/hospitality area, and the gated (restricted access) entrances.

Building Permit Issuance.

Site plans shall be submitted prior to or in conjunction with a building permit application. No building permit shall be issued until a Site Plan, if required, (and all other required plats and engineering/construction plans) are first approved by the City.

Certificate of Occupancy.

No certificate of occupancy shall be issued until all construction and development conforms to the Site Plan, if required, (and all other required plats and engineering/construction plans), as approved by the City.

Extent of Area That Should Be Included In a Site Plan.

When the overall development project is to be developed in phases, the Site Plan area shall include only the portion of the overall property that is to be developed/constructed.[1]

Editor’s note—Renumbered for sequence.

8-3.2

Submission Contents

Submission Requirements.

To ensure the submission of adequate information, the City is hereby empowered to maintain and distribute a separate list of specific requirements for Site Plan review applications. All applications and related contents shall be submitted consistent with these requirements, a checklist of which shall be supplied by the Community Development Department.

8-3.3

Review, Approval, Appeal & Revisions

Site Plans for CUPs.

Site Plans submitted as part of a CUP application shall be processed in conformance with Section 8-5 of this Zoning Ordinance. Site plans for all other types of development shall be processed in accordance with this subsection 8-3.3.

City Staff Review & Approval.

Upon official submission of a complete application of a Site Plan for approval, the Community Development Director shall review the Site Plan in terms of its compliance with these and other applicable City regulations.

Following City staff review of the plan and supporting documents, and following discussions regarding necessary revisions, the applicant shall resubmit additional copies of the corrected plan to the Community Development Director within twenty-one (21) calendar days of the initial City staff review.

Upon further review and finding that all revisions have been made in conformance with aforementioned discussions, the Community Development Director may approve, approve subject to certain conditions, or deny the Site Plan.

Appeal of City Staff Decision.

The applicant or property owner may appeal the decision of the Community Development Director to the Planning and Zoning Commission by filing a written Notice of Appeal in the office of the Community Development Director no later than ten (10) business days after the date upon which the Community Development Director denied the application. The Notice of Appeal shall set forth in clear and concise fashion the basis for the appeal. The Planning and Zoning Commission shall consider the appeal at a public meeting no later than thirty (30) calendar days after the date upon which the Notice of Appeal was filed.

Final Approval in Case of Appeal:

The Planning and Zoning Commission shall determine final approval or denial of Site Plan applications.

Revisions to the Approved Site Plan:

Minor revisions are limited to the following:

Corrections in spelling, distances, and other labeling that does not affect the overall development concept.

Changes in building position or layout that are less than ten feet (10') or ten percent (10%) in size.

Changes in the proposed property lines as long as the original stated project acreage is not exceeded.

Changes in parking layouts as long as the number of required spaces and general original design is maintained.

Minor Revisions/Amendments:

It is recognized that final architectural and engineering design may necessitate minor revisions in the approved Site Plan. In such cases, the Community Development Director shall have the authority to approve minor revisions to an approved Site Plan

Such Site Plan with minor revisions shall be submitted as an Amended Site Plan, to be kept on file with the originally approved Site Plan.

Submission materials and requirements for approval of an Amended Site Plan shall be as determined by the Community Development Director.

Major Revisions:

In the event of revisions that are more extensive in nature (i.e., do not conform to the description for minor amendments above), a new Site Plan must be submitted, reviewed, and approved by the Community Development Director in accordance with this subsection 8-3.3.[2]

[2]

Editor’s note—Renumbered for Sequence.

Effect of Approval.

Approval of the Site Plan shall be considered authorization to proceed with application for a building permit for the site.

8-3.4

Standards for Site Plan Review & Evaluation

The Community Development Director shall review the Site Plan for compliance with all applicable City ordinances with respect various City standards and policies, including the following.

The plan’s compliance with all provisions of this Zoning Ordinance and other applicable ordinances.

The relationship of the development to adjacent uses in terms of harmonious design, facade treatment, setbacks, building materials, maintenance of property values, and any possible negative impacts.

The provision of a safe and efficient vehicular and pedestrian circulation system (driveways, TIA, etc.).

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for fire fighting and emergency equipment to buildings.

The coordination of streets so as to arrange a convenient system consistent with the Thoroughfare Plan of the City of Greenville, as amended.

(G)

The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary.

(H)

Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection upon adjacent properties.

(I)

Protection and conservation of water courses and areas that are subject to flooding.

(J)

The adequacy of water, drainage, sewerage facilities, solid waste disposal, and other utilities necessary for essential services to residents and occupants.

(K)

The determination that existing easements are adequately protected from encroachment.

8-3.5

Validity & Lapse of Site Plan Approval & the Related Project:

Validity & Lapse of Site Plans.

The approved Site Plan shall be valid for a period of two (2) years from the date of final approval.

Within this time period, an application for a building permit must be submitted and approved.

If a building permit application is not submitted and approved within this two-year timeframe, the Site Plan shall be deemed expired, and unless an extension is granted in accordance with this subsection 8-3.5, no development shall be permitted unless and until a new Site Plan is submitted and approved.

Also refer to Section 8-1.4 of this Ordinance.

Extension & Reinstatement Procedure for of Site Plans.

Prior to the lapse of the approval period of a Site Plan, the applicant may petition the City (in writing) to extend the Site Plan approval.

If no petition for extension of Site Plan approval is submitted prior to the end of the two-year period, then the Site Plan shall be deemed expired. No development shall then be permitted unless and until a new Site Plan is submitted and approved.

The Community Development Director may extend the Site Plan for a period not to exceed six (6) months, taking into consideration the reasons for the lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which new development regulations would apply to the Site Plan at that point in time.

If granted an extension, a Site Plan shall be permitted one (1) extension only (for a period not to exceed six (6) months).

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 8-4 Annexation and Initial Zoning.

8-4.1

Initial Zoning to the Agricultural District

All territory hereafter annexed to the City of Greenville shall be initially classified in the A, Agricultural District, until action is completed by the City Council to zone the land to the zoning district that is deemed appropriate by the property owner and/or the City.

All zoning and development regulations of the Agricultural District shall be adhered to with respect to development and use of the land that has been annexed until such action is taken.

The initial zoning of annexed land shall meet the requirements for notification and public hearings as set forth in Section 8-1 [8-2.3] of this Ordinance and all applicable State laws.

8-4.2

Establishing Appropriate Zoning

As soon as practical following annexation, but in no event more than one hundred and eight (180) calendar days thereafter, the Community Development Director shall, on the Director’s own or upon application by property owners of the annexed area, initiate proceedings to establish appropriate zoning on the newly annexed territory.

The Community Development Director shall commence public notification and other standard procedures for zoning amendments as set forth in Section 8-1 [8-2.3].

8-4.3

Separate City Council Action for Annexation & Zoning.

The proceedings to establish zoning may be undertaken concurrently (i.e., notices and public hearings) with annexation procedures.

However, the zoning approval and formal adoption of the ordinance establishing zoning shall occur as a separate and distinct action from the action on the annexation, and shall occur after annexation takes effect as a former action by the City Council.

8-4.4

Planning & Zoning Commission Related Procedures

The Planning and Zoning Commission shall not approve any plat of any subdivision within the City limits until the area covered by the proposed plat shall be deemed appropriately zoned by the City Council.

The Planning and Zoning Commission shall not approve any plat of any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the City of Greenville is pending before the City Council unless, and until, such plat is approved by City Council resolution.

In the event that the Planning and Zoning Commission holds a hearing on proposed annexation, the Commission at its discretion may:

Hold a hearing at the same time to determine the appropriate zoning to be given to the area or tract to be annexed.

Make a recommendation on both matters to the City Council so that the City Council can, if it desires, act on the matter of appropriate zoning and annexation at the same time.

8-4.5

Public Notification for Zoning

The initial zoning of annexed land shall meet the requirements for notification and public hearings as set forth in Section 8-2.3 of this Zoning Ordinance and all applicable State laws.

8-4.6

Simultaneous Petition for Annexation & Zoning by a Landowner.

The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of a petition for annexation, but an annexation petition may not be conditioned upon the approval of any particular zoning classification.

8-4.7

An area classified as an Agricultural District shall be subject to the following:

No person shall erect, construct or add to any building or structure or cause the same to be done in any newly annexed territory to the City without first applying for and obtaining a building permit from the Community Development Director or the City Council, as may be required.

No permit for the construction of a building or use of land shall be issued by the Community Development Director other than a permit which will allow the construction of a building permitted in the A, Agricultural District, unless and until such territory has been classified in a zoning district other than the A, Agricultural District, by the City Council in the manner provided by law.

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 8-5 Conditional Use Permits.

8-5.1

Purpose, Applicability & Effect

Purpose.

The purpose of a Conditional Use Permit is to allow the establishment of uses which may be suitable only in certain locations in a zoning district or only when subject to standards and conditions that assure compatibility with adjoining uses. Conditional uses are those uses which are generally compatible with the permitted land uses in a given zoning district, but which require individual review of their proposed location, design and configuration, and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district. Only those uses enumerated as conditional uses in a particular zoning district, or those nonconforming uses which are damaged or destroyed and which are permitted to be reestablished under this Zoning Ordinance, shall be authorized as conditional uses.

Applicability.

A Conditional Use Permit is required to use or develop property within the City limits for any use requiring a Conditional Use Permit in the Permitted Use Schedule in Section 4-1 of this Zoning Ordinance for the zoning district in which the property is located.

The Conditional Use Permit application must be accompanied by a Site Plan prepared in accordance with Section 8-3.

Effect.

Approval of a Conditional Use Permit authorizes the use or development of the property in accordance with the conditions of the permit. Approval of a Conditional Use Permit shall be deemed to authorize only the particular use for which the permit is issued and shall apply only to the property for which the permit is issued.

No conditionally permitted use shall be enlarged, extended, increased in intensity or relocated unless an application is made for a new Conditional Use Permit in accordance with the procedures set forth in this section.

Initiation or development of the use shall not be authorized until the applicant has secured all the permits and approvals required by this Zoning Ordinance.

Characteristic of the Land - A Conditional Use Permit is considered to be a characteristic of the land rather than a characteristic of the landowner. A CUP itself cannot be bought or sold.

8-5.2

Documentation

Specific Use Permits (SUPs) Approved Prior to the Adoption of This Updated Zoning Ordinance.

Prior to adoption of this updated Zoning Ordinance (adopted on May 27, 2008), the City Council previously established various Specific Use Permits (SUPs), some of which are to be continued in full force and effect.

The SUPs that are to be continued shall be shown on the Zoning Map.

Any and all conditions, restrictions, regulations and requirements which apply to the respective Specific Use Permits (SUPs) shown on the Zoning District Map shall also remain in full effect after the adoption of this Zoning Ordinance.

Each prior-approved permit may be referred to as a Specific Use Permit (SUP) on the Zoning Map.

Any changes to a prior-approved SUP shall result in the SUP becoming a CUP, which shall then meet all the requirements of a CUP as outlined within this Zoning Ordinance.

List of Conditional Use Permits (CUPs) Approved After the Adoption of This Updated Zoning Ordinance.

All Conditional Use Permits (CUPs) approved in accordance with the provisions of this updated Zoning Ordinance (adopted on May 27, 2008), as may be amended, shall be sequentially numbered and shall be referenced on a listing maintained and available in the office of the Community Development Department. CUPs shall not be referenced on the Zoning Map.

8-5.3

Application for a Conditional Use Permit

Application for a Conditional Use Permit shall be made to the Community Development Director.

An application for a Conditional Use Permit shall contain the following information:

A letter from the applicant clearly describing the proposed use, and all purposes and activities involved with the proposed use.

A legal description of the property.

All information required for any other types of application which is being processed simultaneously or for any other type of application.

Any other information necessary to demonstrate that the proposed use will conform fully with the requirements of this Ordinance.

Site Plan Required.

Application for a Conditional Use Permit shall require a Site Plan in accordance with Section 8-3 of this Ordinance. Therefore, any mention of a CUP application in terms of processing, approval, expiration, etc. shall include a related Site Plan.

8-5.4

Processing, Approval & Revisions

Considerations for Approval.

When considering an application for a Conditional Use Permit, the impact of the proposed conditional use on and its compatibility with surrounding properties and residential areas shall be considered to ensure the appropriateness of the use at the particular location, and shall consider the extent to which:

The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Plan;

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods;

The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood;

The proposed use incorporates roadway adjustments, traffic-control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets;

(6)

The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed conditional use on adjacent properties; and

(7)

The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood.

Planning & Zoning Commission Public Hearing & Recommendation.

The Planning and Zoning Commission shall hold a public hearing on any application for a Conditional Use Permit, following public notice, pursuant to the procedures of Section 8-2.3. The Planning & Zoning Commission shall recommend approval, recommend approval with certain specified conditions, or recommend denial of the CUP to the City Council.

City Council Public Hearing & Recommendation.

The City Council, after recommendations by the Planning and Zoning Commission, and following a public hearing and proper notice to all affected parties pursuant to the procedures of Section 8-2.3, may approve, approve with certain specified conditions, or deny the issuance of a Conditional Use Permit for a use to be permitted in the zoning district to which the application relates. Such use must be shown with a "C" in the Permitted Use Schedule, Section 4-1, in relation to the applicable zoning district.

The City Council shall not grant a Conditional Use Permit for a use except upon a finding that the use will:

Complement or be compatible with the surrounding uses and community facilities;

Contribute to, enhance, or promote the welfare of the area of request and adjacent properties;

Not be detrimental to the public health, safety, or general welfare; and

Conform in all other respects to all applicable zoning regulations and standards.

Approval with Conditions.

The Planning and Zoning Commission may recommend, and the City Council may impose reasonable conditions upon the granting of a Conditional Use Permit consistent with the purposes stated in subsection 8-5.4 of this Ordinance.

Revisions to the Approved Site Plan:

Minor revisions are limited to the following:

Corrections in spelling, distances, and other labeling that does not affect the overall development concept.

Changes in building position or layout that are less than ten feet (10') or ten percent (10%) in size.

Changes in the proposed property lines as long as the original stated project acreage is not exceeded.

Changes in parking layouts as long as the number of required spaces and general original design is maintained.

Minor Revisions/Amendments:

Such Site Plan with minor revisions shall be submitted as an Amended Site Plan, to be kept on file with the originally approved Site Plan.

Submission materials and requirements for approval of an Amended Site Plan shall be as determined by the Community Development Director.

Major Revisions:

In the event of revisions that differ from those listed in subsection (1) above, a Revised Site Plan must be resubmitted, reviewed, and approved in accordance with the processing and approval procedures set forth in this subsection 8-5.4.

(G)

No Variances.

The conditions imposed on the CUP application shall not be subject to variances that otherwise could be granted by the Zoning Board of Adjustment, nor may conditions imposed by the City Council subsequently be waived or varied by the Zoning Board of Adjustment.[1]

Editor’s note—Renumbered for Sequence.

8-5.5

Abandonment, Expiration & Revocation

Abandonment.

In the case of a business operating under a Conditional Use Permit which has ceased business operations for six (6) months or longer shall be deemed abandoned, and shall not thereafter be re-established except upon approval of a new application for a Conditional Use Permit. In determining whether a conditional use has been abandoned, the City shall apply the standards applicable to abandonment of a nonconforming use in Section 9-8 of this Ordinance.

Time of Expiration.

A Conditional Use Permit shall expire if:

A building permit, if any, for the use has not been approved within two (2) years of the date of approval of the permit;

The building permit subsequently expires;

The use has been discontinued for a period exceeding six (6) months as described in subsection (A) above; or

A termination date attached to the permit has passed.

Also refer to Section 8-1.4 of this Ordinance.

Revocation.

The City Council may revoke any Conditional Use Permit that is in violation of any condition imposed on the use in accordance with the procedures of Article IX of this Ordinance.

8-5.6

No application for a Conditional Use Permit shall be accepted by the City Planner within one (1) year of the final action of the City Council upon a prior application concerning the same use and the same building, if any, on substantially the same land.

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 8-6 Building Permits.

8-6.1

Legal Lot Requirement

No permit for construction of a building or buildings on any lot or tract shall be issued until a building site, building tract or building lot has been created by compliance with one of the following conditions, unless the building qualifies as exempt under paragraph (C):

The lot or tract is part of a plat of record, properly approved by the Planning and Zoning Commission and filed in the plat records of Hunt County.

The site plot or tract is all or part of a Site Plan officially approved by the City Council in a Planned Development district after recommendation by the Planning and Zoning Commission.

Such Site Plan shall provide all utility and drainage easements, alleys, streets and other public improvements necessary to meet the normal requirements for platting.

Such Site Plan shall include the designation of building areas and easements, alleys and streets required and properly dedicated, and necessary public improvements.

A permit for a building on an unplatted tract may be issued for a residential accessory building less than 500 square feet, or for a farm accessory building. As part of the permit application, the Director of Community Development may require a site survey prepared by a Registered Professional Land Surveyor to verify easement locations and compliance with building setback lines.

8-6.2

Permit Required

No building shall be erected, constructed, or altered without first obtaining a building permit from the City Planner.

A building permit shall be required for every type of structure in the City of Greenville, with the following exceptions:

Facilities, other than buildings, of a public utility or an electric or telephone membership corporation.

Accessory buildings of less than one hundred (100) square feet of gross floor area.

If the work described in any building permit has not begun within six (6) months from the date of issuance thereof, the permit shall be void and a new permit consistent with all provisions of this Ordinance shall be required. For purposes of this Section, construction shall be deemed to have begun at the time of completion of the foundation.

8-6.3

Review Procedure

Application for a building permit shall be made to the City Planner.

The City Planner may require the following information to be included in applications for building permits.

Submittal of plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon;

The exact sizes and locations on the lot of existing buildings, if any;

The location and dimensions of the proposed building or alteration; or

Such other information as lawfully may be required by the City Planner.

A copy of the plans submitted with the building permit application shall be returned to the applicant by the City Planner after he shall have marked such copy either as approved or disapproved and attested to the same by his signature on such copy.

8-6.4

Adjoining Lots with Common Ownership

If two (2) adjacent residential lots in subdivision(s) facing the same street are under common ownership and are intended as a single building site for a single-family home, and plat for the lots was approved prior to 1970, and one or more of the lots is less than fifty (50) in width, then the prohibition against building across lot lines or within side yard setback lines shall not apply to the common lot lines and setback lines along said common lot lines of the said adjoining two (2) lots. Upon application for a permit to construct an improvement within an affected setback area or across a common lot line, the owner of the property shall execute an affidavit, which the owner shall record in the Real Property Records of Hunt County, Texas, which shall state:

The name of the owner of the property,

The legal description of the property,

The intention to use the property as a single building site for a single-family home,

The obligation of the owner to remove any improvements from within a setback area that would exist upon conveyance of less than all of the property,

That conveyance of less than a full lot may not be of sufficient area to constitute a legal building site, and

(6)

That the conditions shall run with the title to the property.

The exemption contained in this Section shall not override regulations concerning easements, other setback areas, building coverage percentages, or any other matter not expressly addressed herein.

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 8-7 Certificates of Occupancy.

8-7.1

Requirements

No excavation for the foundation, nor the erection, construction, nor structural alteration of any structure, nor the moving of any structure, nor the use of any structure or land shall be permitted without the prior issuance of a certificate of occupancy for such structure or land use.

No building or land shall be used or occupied for any use or purpose for which a Conditional Use Permit or Planned Development has been granted without first obtaining a certificate of occupancy from the Community Development Director.

No nonconforming use shall be changed to another nonconforming use without first obtaining a certificate of occupancy from the Community Development Director.

It shall be a violation of this Ordinance to use, or to allow the use of, any structure or land use for which a certificate of occupancy has not been issued.

8-7.2

Procedures

The Community Development Director shall maintain a record of all certificates of occupancy and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the land or building covered by a Conditional Use Permit, Planned Development or nonconforming use.

A certificate of occupancy shall be applied for at the time of application for a building permit.

A certificate of occupancy shall be issued upon completion of the building or land use development only after an inspection by the appropriate official discloses that the structure or land use complies with all applicable provisions of this Ordinance.

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 8-8 Administration.

8-8.1

Planning and Zoning Commission

There is hereby created a planning agency to be known as the Planning and Zoning Commission.

The Commission shall consist of nine (9) members.

The members shall hold office for a term of three (3) years and initial appointment shall be for staggered terms.

The members shall serve no more than two (2) consecutive terms, and may not be re-appointed until one (1) full term has passed since the last day of the last term of their previous service on the Commission.

Vacancies shall be filled by appointment and shall be for the remainder of the unexpired term.

The Planning and Zoning Commission shall have the following powers and duties:

(a)

The Planning and Zoning Commission shall be responsible for exercising its duties and carrying out its purpose in the best interest of the City Council.

(b)

The Planning and Zoning Commission shall perform any other related duties that the City Council may direct.

(c)

The Planning and Zoning Commission shall have the power and authority provided to it by the City Council, this Ordinance and state law.

The Planning and Zoning Commission shall, with the approval of the City Council, adopt bylaws which govern its operations, establish its procedures, and provide for notice and conduct of its meetings.

8-8.2

Community Development Director

The Community Development Director or his designee shall be responsible for the administration and enforcement of the zoning regulations of the City of Greenville.

The Community Development Director shall have the following powers and duties:

The Community Development Director shall be responsible for exercising its duties and carrying out its purpose in the best interest of the City Council.

The Community Development Director shall perform any other related duties that the City Council may direct.