8-1.1 All applications
or petitions submitted under this Ordinance shall be submitted by
the owner of the property or the authorized agent of such owner. If
the applicant is an authorized agent, the application shall include
a written statement from the property owner authorizing the agent
to file the application on the owner’s behalf. The responsible
official may establish the type of documents needed to determine ownership
or agency. The City official receiving such application may require
reasonable proof of agency from any person submitting an application
as agent.
8-1.2 All applications
or petitions shall be submitted, reviewed and processed in accordance
with the requirements of this Ordinance.
8-1.3 Completeness
& Official Filing Date
(A) 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.
(B) 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.
(1) 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.
(2) The
incompleteness of the application shall be grounds for denial or revocation
of the application.
(3) A
determination of completeness shall not constitute a determination
of compliance with the substantive requirements of this Zoning Ordinance.
(4) 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.
a. The
applicant shall be notified within that ten-business-day period of
the determination of completeness.
b. If
the application determined to be complete, the application shall be
acted upon in the proper manner as prescribed by this Zoning Ordinance.
c. 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.
d. 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.
(5) The
application shall expire on the forty-fifth (45th) day after the date
the application is filed if:
a. The
applicant fails to provide documents or other information necessary
to comply with the City’s requirements relating to the permit
application;
b. 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
c. The
applicant fails to provide the specified documents or other information
within the time provided in the notice.
(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.
(A) 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.
(B) 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.
(C) The term
"progress" shall be as defined in TLGC Chapter 245.005, as follows:
(1) An
application for a final plat or the next required plan, as applicable,
is submitted to the City;
(2) 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;
(3) 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;
(4) Fiscal
security is posted with the City to ensure performance of an obligation
required by the City; or
(5) Utility
connection fees or impact fees for the project have been paid to the
City.
(Ordinance 08-059, ex. A, adopted 5/27/08)
8-2.1 Considerations.
In making a determination regarding a written requested zoning
change, the Commission and the City Council shall consider the following
factors:
(A) 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;
(B) 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;
(C) 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;
(D) 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;
(E) How other
areas designated for similar development will be, or are unlikely
to be, affected if the proposed amendment is approved; and
(F) 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.
(A) 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.
(B) 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.
(C) 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.
(1) 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.
(2) 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.
(3) 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.
(D) 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.
(A) Zoning
Map Amendments.
(1) 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.
(2) 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.
(B) 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.
(C) 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.
(A) 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.
(B) 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.
(C) Action
on the Proposed Amendment.
(1) After
all public input has been received and the public hearing is closed,
the Commission shall make its recommendations on the proposed zoning
request.
a. 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.
b. 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.
(2) When
the Commission is ready to act upon the zoning request, it may recommend:
a. Approval
of the request as it was submitted by the applicant,
b. Approval
of the request subject to certain conditions, as in the case of a
Planned Development district or a Conditional Use Permit, or
c. Disapproval
of the request.
(3) After
the Commission’s recommendation, the request will be automatically
forwarded to the City Council for a second public hearing thereon.
(4) 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.
(A) 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.
(B) A public
hearing shall be held by the City Council prior to adoption of any
proposed amendment, supplement or change.
(C) Action
on the Proposed Amendment.
(1) 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:
a. Approve
the request in whole or in part,
b. Deny
the request in whole or in part,
c. Table
the application to a future meeting, specifically citing the City
Council meeting to which it was tabled,
d. It
may refer the application back to the Commission for further study.
(2) If
the City Council approves the rezoning request, the request shall
be deemed finally approved.
a. 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.
b. 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.
(3) 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.
(D) 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.
(1) 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:
a. The
land area included in such proposed change; or
b. 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)
8-3.1 Purpose
& Applicability
(A) 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.
(B) 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.
(1) 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.
(2) 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.
(3) 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.
(C) 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.
8-3.2 Submission
Contents
(A) 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
(A) 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.
(B) 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.
(1) 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.
(2) 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.
(C) 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.
(D) Final
Approval in Case of Appeal:
The Planning and Zoning Commission
shall determine final approval or denial of Site Plan applications.
(E) Revisions
to the Approved Site Plan:
(1) Minor
revisions are limited to the following:
a. Corrections
in spelling, distances, and other labeling that does not affect the
overall development concept.
b. Changes
in building position or layout that are less than ten feet (10') or
ten percent (10%) in size.
c. Changes
in the proposed property lines as long as the original stated project
acreage is not exceeded.
d. Changes
in parking layouts as long as the number of required spaces and general
original design is maintained.
(2) 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
a. 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.
b. Submission
materials and requirements for approval of an Amended Site Plan shall
be as determined by the Community Development Director.
(3) 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.
(F) 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.
(A) The plan’s
compliance with all provisions of this Zoning Ordinance and other
applicable ordinances.
(B) 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.
(C) The provision
of a safe and efficient vehicular and pedestrian circulation system
(driveways, TIA, etc.).
(D) 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.
(E) 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.
(F) 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:
(A) 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.
(1) Within
this time period, an application for a building permit must be submitted
and approved.
(2) 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.
(3) Also
refer to Section 8-1.4 of this Ordinance.
(B) 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.
(1) 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.
(2) 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.
(3) 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)
8-4.1 Initial
Zoning to the Agricultural District
(A) 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.
(B) 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.
(C) 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
(A) 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.
(B) 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.
(A) The proceedings
to establish zoning may be undertaken concurrently (i.e., notices
and public hearings) with annexation procedures.
(B) 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
(A) 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.
(B) 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.
(C) In the
event that the Planning and Zoning Commission holds a hearing on proposed
annexation, the Commission at its discretion may:
(1) Hold
a hearing at the same time to determine the appropriate zoning to
be given to the area or tract to be annexed.
(2) 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:
(A) 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.
(B) 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)
8-5.1 Purpose,
Applicability & Effect
(A) 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.
(B) Applicability.
(1) 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.
(2) The Conditional Use Permit application must be accompanied by a Site Plan prepared in accordance with Section
8-3.
(C) 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.
(1) 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.
(2) 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.
(3) 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
(A) 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.
(1) The
SUPs that are to be continued shall be shown on the Zoning Map.
(2) 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.
(3) Each
prior-approved permit may be referred to as a Specific Use Permit
(SUP) on the Zoning Map.
(4) 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.
(B) 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
(A) Application
for a Conditional Use Permit shall be made to the Community Development
Director.
(B) An application
for a Conditional Use Permit shall contain the following information:
(1) A
letter from the applicant clearly describing the proposed use, and
all purposes and activities involved with the proposed use.
(2) A
legal description of the property.
(3) All
information required for any other types of application which is being
processed simultaneously or for any other type of application.
(4) Any
other information necessary to demonstrate that the proposed use will
conform fully with the requirements of this Ordinance.
(C) 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
(A) 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:
(1) The
proposed use at the specified location is consistent with the policies
embodied in the adopted Comprehensive Plan;
(2) The
proposed use is consistent with the general purpose and intent of
the applicable zoning district regulations;
(3) 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;
(4) 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;
(5) 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.
(B) 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.
(C) 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.
(D) The City
Council shall not grant a Conditional Use Permit for a use except
upon a finding that the use will:
(1) Complement
or be compatible with the surrounding uses and community facilities;
(2) Contribute
to, enhance, or promote the welfare of the area of request and adjacent
properties;
(3) Not
be detrimental to the public health, safety, or general welfare; and
(4) Conform
in all other respects to all applicable zoning regulations and standards.
(E) 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.
(F) Revisions
to the Approved Site Plan:
(1) Minor
revisions are limited to the following:
a. Corrections
in spelling, distances, and other labeling that does not affect the
overall development concept.
b. Changes
in building position or layout that are less than ten feet (10') or
ten percent (10%) in size.
c. Changes
in the proposed property lines as long as the original stated project
acreage is not exceeded.
d. Changes
in parking layouts as long as the number of required spaces and general
original design is maintained.
(2) 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[.]
a. 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.
b. Submission
materials and requirements for approval of an Amended Site Plan shall
be as determined by the Community Development Director.
(3) 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.
8-5.5 Abandonment,
Expiration & Revocation
(A) 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.
(B) Time
of Expiration.
A Conditional Use Permit shall expire
if:
(1) A
building permit, if any, for the use has not been approved within
two (2) years of the date of approval of the permit;
(2) The
building permit subsequently expires;
(3) The
use has been discontinued for a period exceeding six (6) months as
described in subsection (A) above; or
(4) A
termination date attached to the permit has passed.
(5) Also
refer to Section 8-1.4 of this Ordinance.
(C) 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)
8-6.1 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):
(A) 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.
(B) 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.
(1) Such
Site Plan shall provide all utility and drainage easements, alleys,
streets and other public improvements necessary to meet the normal
requirements for platting.
(2) Such
Site Plan shall include the designation of building areas and easements,
alleys and streets required and properly dedicated, and necessary
public improvements.
(C) 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
(A) No building
shall be erected, constructed, or altered without first obtaining
a building permit from the City Planner.
(B) A building
permit shall be required for every type of structure in the City of
Greenville, with the following exceptions:
(1) Facilities,
other than buildings, of a public utility or an electric or telephone
membership corporation.
(2) Accessory
buildings of less than one hundred (100) square feet of gross floor
area.
(C) 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
(A) Application
for a building permit shall be made to the City Planner.
(B) The City
Planner may require the following information to be included in applications
for building permits.
(1) Submittal
of plans in duplicate, drawn to scale, showing the actual dimensions
and shape of the lot to be built upon;
(2) The
exact sizes and locations on the lot of existing buildings, if any;
(3) The
location and dimensions of the proposed building or alteration; or
(4) Such
other information as lawfully may be required by the City Planner.
(C) 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
(A) 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:
(1) The
name of the owner of the property,
(2) The
legal description of the property,
(3) The
intention to use the property as a single building site for a single-family
home,
(4) 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,
(5) 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.
(B) 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)
8-7.1 Requirements
(A) 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.
(B) 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.
(C) No nonconforming
use shall be changed to another nonconforming use without first obtaining
a certificate of occupancy from the Community Development Director.
(D) 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
(A) 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.
(B) A certificate
of occupancy shall be applied for at the time of application for a
building permit.
(C) 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)
8-8.1 Planning
and Zoning Commission
(A) There
is hereby created a planning agency to be known as the Planning and
Zoning Commission.
(B) The Commission
shall consist of nine (9) members.
(1) The
members shall hold office for a term of three (3) years and initial
appointment shall be for staggered terms.
(2) 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.
(3) Vacancies
shall be filled by appointment and shall be for the remainder of the
unexpired term.
(4) 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.
(5) 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
(A) The Community
Development Director or his designee shall be responsible for the
administration and enforcement of the zoning regulations of the City
of Greenville.
(B) The Community
Development Director shall have the following powers and duties:
(1) The
Community Development Director shall be responsible for exercising
its duties and carrying out its purpose in the best interest of the
City Council.
(2) The
Community Development Director shall perform any other related duties
that the City Council may direct.
(3) The
Community Development Director shall have the power and authority
provided to it by the City Council, this Ordinance and state law.
8-8.3 Administrative
Procedures
The City Council, in accordance with the provisions
of this Ordinance, shall provide for the manner in which zoning regulations
and restrictions and the boundaries of zoning districts shall be determined,
established and enforced, and amended, supplemented or changed.
(Ordinance 08-059, ex. A, adopted 5/27/08)