(a)
Home rule authority.
The city may, from time to time,
alter its boundaries by annexing or disannexing territory in any size
or shape desired in any manner provided by State law.
(b)
Concurrent annexation and permanent zoning.
All property
in the process of annexation into the city shall be concurrently considered
for a permanent zoning classification. The planning and zoning commission
shall be advised by city staff regarding a proposed annexation, and
it shall hold a public hearing regarding the requested zoning classification
prior to the city council’s final annexation and zoning consideration.
The planning and zoning commission shall make a recommendation to
the city council so that the city council may act on the matter of
annexation and permanent zoning at the same meeting. Should the city
council fail to act on the permanent zoning immediately following
the annexation of the property into the city, the temporary zoning
classification of AG, Agricultural shall automatically be assigned.
(Ordinance 2019-42 adopted 10/8/19)
(a)
Legal, buildable site.
No permit for construction of
a building or buildings upon any property within the city shall be
issued until a building site, building tract, or building lot has
been created in compliance with one of the following conditions:
(1)
The property is within the boundaries of an approved plat, is located
within the city limits of the City of Celina, and has been permanently
zoned by the city council.
(2)
The property is outside the city limits of the City of Celina but
within its extraterritorial jurisdiction (ETJ) and platted according
to the City of Celina subdivision regulations, unless stated otherwise
in an approved facilities or development agreement.
(3)
No building or structure is allowed to be constructed within the
extraterritorial jurisdiction (ETJ) of the City of Celina unless sufficient
water pressure is available to support fire suppression systems, as
required by the applicable city or county fire code.
(4)
The property is all or part of a concept plan adopted as part of
the regulations of an approved planned development district and the
associated plat that shows all utility and drainage easements, necessary
streets and other public improvements, and has been approved by the
planning and zoning commission. The final plat shall be filed subsequent
to the construction and dedication of the required easements, alleys,
and streets by the developer, and inspection and acceptance of same
by the city.
(Ordinance 2019-42 adopted 10/8/19)
(a)
Purpose.
From time-to-time, property owners may propose
changes in zoning for a tract of land. The process by which such change
is accomplished is outlined below. If approved, said zoning change
will cause the zoning map of the city to be amended accordingly.
(b)
Authority.
(1)
Property owners.
Any person, entity, or corporation
having a legal or equitable ownership interest in any real property
may apply to the city council for an amendment to the official zoning
map or the regulations relating to a specific tract of land located
within the city.
(2)
City of Celina.
The city may, from time to time, amend
or change by ordinance the boundaries of the various zoning districts
or the use and development regulations relating to a specific property
in accordance with the manner provided by state law.
(c)
Procedure and approval.
(1)
Compliance with comprehensive plan and future land use map (FLUP).
Before taking action on any proposed amendment or change, Staff
shall determine if the proposed amendment is consistent with the goals
of the comprehensive plan and include that finding in the staff report.
(2)
Comprehensive plan and zoning amendment considered concurrently.
A comprehensive plan or future land use plan (FLUP) amendment
and a zoning change may be requested together, noticed together, and
be considered at the same planning and zoning commission meeting and
subsequent city council meeting. If processed together there will
not be an additional application fee. However, if a comprehensive
plan amendment is requested separately from a zoning request, an application
fee is required to be paid. The amount shall be equal to the zoning
application fee schedule, as shown in the master fee schedule.
(3)
Notification prior to the planning and zoning commission public hearing.
The commission must hold a public hearing on any application
for any zoning change prior to making its recommendations to the city
council. The following State-mandated regulations must be met before
the public hearing may be convened:
(A)
Written notice of all public hearings on a proposed zoning change
coming before the commission, including an amendment or change to
the use and development regulations governing a specific tract of
land, must be sent to all owners of real property lying within the
corporate city limits that are located within 200 feet of the subject
property. Notice must be given a minimum of ten (10) days prior to
the date set for the public hearing by mailing such notice, properly
addressed and postage-paid, to each taxpayer as the ownership appears
on the last approved county tax roll.
(B)
Public notification signs posted, stating that a zoning change is
requested, shall be erected on the subject property a minimum of ten
(10) days prior to the planning and zoning commission public hearing
and shall remain in place until after the city council public hearing.
(C)
Notice of the public hearing must be posted in a publicly accessible
place at city hall a minimum of seventy-two (72) hours prior to the
commission hearing.
(D)
For any residential or multifamily zoning change, a written notice
of the proposed change must be mailed to the affected school district
at least ten (10) days prior to the planning and zoning commission
hearing.
(4)
Commission recommendation.
The city council shall not
take action on a proposed zoning amendment without a recommendation
from the planning and zoning commission.
(5)
Notification prior to the city council public hearing and decision.
A public hearing must be held by the city council before adopting
any proposed zoning change or development regulation change relating
to a specific tract of land. The following state-mandated regulations
must be met before the public hearing may be convened:
(A)
Notice of the city council public hearing must be given by publication
in the official newspaper of the City of Celina stating the time and
place of such hearing, a minimum of fifteen (15) days prior to the
hearing.
(B)
Public notification signs posted, stating that a zoning change is
requested, shall be erected on the subject property a minimum of fifteen
(15) days prior to the city council hearing.
(C)
Notice of the city council public hearing must be posted in a publicly
accessible place at city hall a minimum of seventy-two (72) hours
prior to the hearing.
(6)
Written protest procedures.
If a written protest against
said zoning change is submitted in accordance with state law, staff
will present the protest petition and its validity to the planning
and zoning commission and the city council as part of the staff report.
The written protest shall be considered “valid” only if
signed by the owners of twenty percent (20%) or more of either the
area of the lots or land covered by the proposed change within the
corporate city limits or the area of the lots or land immediately
adjoining the area covered by the proposed change and extending 200
feet from that area within the corporate city limits.
(7)
Valid written protest vote.
If a valid written protest
is submitted to the director, the requested zoning change shall not
become effective except by the favorable vote of three-fourths (3/4)
of all the members of the city council.
(d)
Public notification signage.
(1)
Any person, firm, or corporation requesting a change in zoning from
one zoning classification to another zoning classification on a specific
site or other amendments to the use and development regulations governing
such property shall erect and maintain a sign or signs upon said property.
(3)
It shall be unlawful for anyone to remove, destroy, deface, or obstruct
the view of a required sign that gives notice that a zoning hearing
has been requested.
(Ordinance 2019-42 adopted 10/8/19)
(a)
Purpose.
The text of the zoning ordinance may be changed
from time-to-time due to changes in market forces, new materials,
or new best practices for issues relating to zoning. This section
describes the process by which the zoning ordinance text may be changed.
(b)
Authority.
Text amendments to the provisions of this
zoning ordinance may only be initiated by the city.
(c)
Procedure and approval.
(1)
Planning and zoning commission public hearing.
The commission
shall hold a public hearing on any text amendment prior to making
its recommendation to the city council. In compliance with State law,
the city shall provide notification of the proposed change in the
official newspaper of the City of Celina stating the time and place
of such hearing, a minimum of fifteen (15) days prior to the hearing.
(2)
Planning and zoning commission recommendation.
The city
council shall not take action on a proposed zoning text amendment
without a recommendation from the planning and zoning commission.
(3)
City council public hearing.
A public hearing shall be held by the city council shall follow the same procedure detailed in section 14.01.303(c)(5), city council notification and approval before adopting any proposed text amendment.
(4)
City council approval.
The city council may, from time
to time, amend, supplement, or change by Ordinance this zoning ordinance
as provided by state law.
(Ordinance 2019-42 adopted 10/8/19)
(a)
Purpose.
The purpose of a concept plan is to promote
safe, efficient, and harmonious use of land through application of
city-adopted design standards and guidelines; protect and enhance
the city’s environmental and aesthetic quality; ensure adequate
public facilities to serve development; prevent or mitigate adverse
development impacts on the natural environment; aid the evaluation
and coordination of land subdivision; and promote the public health,
safety, and welfare.
(b)
Applicability.
A concept plan shall be included in all
planned development districts and specific use permits.
(c)
Concept plan format and submission requirements.
The
concept plan submission shall be comprised of the items set forth
in the concept plan checklist (available online) and any additional
information/materials, such as plans, maps, or exhibits as deemed
necessary by the director in order to ensure that the planned development
or SUP request is legible, able to be understood, and that the applicable
regulations have been met.
(Ordinance 2019-42 adopted 10/8/19)
(a)
Purpose.
The purpose of a site plan is to promote safe,
efficient, and harmonious use of land through application of city-adopted
design standards and guidelines; protect and enhance the city’s
environmental and aesthetic quality; ensure adequate public facilities
to serve development; prevent or mitigate adverse development impacts
on the natural environment; aid the evaluation and coordination of
land subdivision; and promote the public health, safety, and welfare.
(b)
Applicability.
Site plan review is required for non-residential
development, multifamily development having four (4) or more dwelling
units, mobile home parks, parking lot development (reconstruction
and reconfiguration), non-public agricultural buildings, and residential
accessory structures, and as otherwise required by the director. Site
plan approval is required prior to issuance of a building permit in
order to ensure compliance with all provisions of the zoning ordinance,
the comprehensive plan, the thoroughfare plan, and other applicable
ordinances of the City of Celina.
(c)
Procedure and approval.
Site plans are administratively
approved by the director.
(1)
Site plan approval is revocable if it is determined that the conditions
of the approval have not been met or if the plan contains or is based
upon incorrect, fraudulent, or misrepresented information.
(2)
Site plans expire one year after approval if an associated building
permit application has not been submitted, reviewed, and approved.
The director may extend the approval up to two (2) additional years
for cause.
(3)
Staff shall consider the approval, disapproval, or conditional approval
of a site plan application solely on the basis of any regulations,
ordinances, rules, expiration dates, or other properly adopted requirements
in effect at the time.
(Ordinance 2019-42 adopted 10/8/19)
(a)
Purpose.
The purpose of a conditional approval is to
allow certain land uses so long as the application meets specific
stated requirements or conditions. If the applicant cannot or will
not meet the conditions listed, then the director may choose to bring
the requested item before the planning and zoning commission and the
city council through the specific use permit (SUP) process.
(b)
Applicability.
(c)
Criteria for approval.
Building permits shall be processed
once the applicant has shown that the stated conditions for approval
has been met.
(d)
Procedure and approval.
Conditional approvals are administratively
approved by the director of development services.
(Ordinance 2019-42 adopted 10/8/19)
(a)
Purpose.
A specific use permit is a permanent zoning
change and as such, the city council has considerable discretion on
approving, denying, or modifying such a request. The purpose of an
SUP is to add or modify specific land use rights to those already
granted within a zoning district. Approvals shall consider the intensity
of the proposed use within the context of the proposed location for
compatibility, traffic generated, noise, and other issues determined
by the director to be pertinent to the case. Since zoning “runs
with the land” and not the proposed use, thoughtful consideration
should be exercised in approving an SUP since it will remain as part
of the official zoning map even should the use for which the SUP was
sought has ceased operation.
(b)
Applicability.
Land uses subject to approval of a specific use permit are marked in the schedule of uses with a “S.” Explanatory notes are set forth in section 14.03.301, permanent land uses that require SUP approval.
(c)
Procedure and approval.
(1)
Planning and zoning commission public hearing.
The commission must hold a public hearing on any SUP application prior to making its recommendations and report to the city council. The public noticing must follow the same procedure detailed in section 14.01.303(c)(3), zoning change process, procedure and approval.
(2)
Commission recommendation.
The city council shall not
take action on a proposed specific use permit request without a recommendation
from the planning and zoning commission.
(3)
City council public hearing.
A public hearing must be held by the city council shall follow the same procedure detailed in section 14.01.303(c)(5), zoning change process, procedure and approval before approving any SUP.
(4)
City council approval.
The city council is authorized
to approve, deny, or modify specific use permit requests.
(5)
City council discretion.
The city council may impose
such additional development standards and safeguards important to
the welfare and protection of adjacent property from noise, vibration,
dust, dirt, smoke, fumes, odor, gas, explosion, glare, offensive view,
or other undesirable or hazardous conditions.
(d)
Official zoning map.
All SUPs approved in accordance
with the provisions of this chapter in its original form or as hereafter
amended shall be referenced on the zoning map as such.
(e)
Expiration or reversal of specific use permits.
(1)
A specific use permit shall expire if required city permits for development
are not obtained and construction, if applicable, has not commenced
within twenty-four (24) months from date of approval.
(2)
A specific use permit may be revoked or modified, after notice to
the property owner and a hearing before the city council, for either
of the following reasons:
(3)
Should a specific use permit expire or be reversed, the zoning map
shall be amended to reflect this change.
(Ordinance 2019-42 adopted 10/8/19)
(a)
Property within the city limits.
The city shall not
approve any plat of any subdivision within the city limits of the
city until the area covered by the proposed plat shall have been permanently
zoned by the city council.
(b)
Plat delay pending annexation.
The city shall not approve
any plat of any subdivision within any area where a petition for annexation
or a recommendation for annexation to the city is pending before the
city council unless and until such annexation shall have been approved
by the city council.
(c)
Regulations for property within city limit and ETJ.
All plats in the city limits or the city’s extraterritorial
jurisdiction (ETJ) must comply with the City of Celina Subdivision
regulations, unless stated otherwise in an approved facilities or
development agreement.
(Ordinance 2019-42 adopted 10/8/19)
(a)
Purpose, applicability, and effect.
(1)
Purpose.
The purpose of a vested rights petition is
to determine whether one or more standards of this chapter should
not be applied to a development application by operation of State
law, or whether certain permits are subject to expiration.
(2)
Applicability.
A vested rights petition may be filed for an application, permit, plan or plat, or any development application authorized under this chapter, filed in accordance with Texas statutes. A vested rights petition may not be filed with a petition for a text amendment, a zoning map amendment, or any other request for a legislative decision by the city council. A vested rights petition also may be filed prior to expiration of certain permits pursuant to subsection (b) below of this section.
(3)
Effect.
Upon granting of a vested rights petition in whole or in part, the responsible official (subsection (d) below) shall process the development application and the director of development services shall decide the application in accordance with the standards specified in the relief order based on prior ordinance requirements or development standards, or extend the permit otherwise subject to application pursuant to subsection (b), below.
(b)
Expiration for projects began on or after October 8, 2019.
(1)
Two-year permit expiration.
Notwithstanding any other
provision of this chapter, for any development permit authorized by
this chapter for which an expiration date is established and which
is submitted for filing on or after October 8, 2019, the expiration
date shall be two years following the date of approval of the permit.
Exception: The holder of the permit files a petition before October
8, 2019 for a vested rights determination pursuant to this subsection,
alleging that progress has been made toward completion of the project
for which the application subject to expiration was filed. If a vested
rights petition is filed according to the timeframes of this section,
the city manager shall determine the expiration date of the permit
in deciding the petition.
(2)
Five-year application/project expiration.
Notwithstanding any other provision of this chapter, for any development permit authorized by this chapter which is submitted for filing on or after October 8, 2019, and which has expired under subsection (b)(1) above of this section, all previously approved development applications for the same land also shall expire no later than five years from the date of filing of the first application for the project for which the expired application was filed, if the filing of an application for or approval of the expired permit was required to avoid expiration for the previously approved permit or permits, unless the holder of such permits files a petition before such date for a vested rights determination pursuant to this section alleging that progress has been made toward completion of the project for which the applications subject to expiration were filed. If a vested rights petition is filed according to the timeframes of this section, the city manager shall determine the expiration date of the previously approved permits in deciding the petition.
(c)
Petition requirements.
(1)
Who may petition.
A vested rights petition may be filed by a property owner or the owner’s authorized agent with any development application or by the holder of a permit subject to expiration pursuant to subsection (b) above.
(2)
Form of petition.
The vested rights petition shall allege
that the petitioner has a vested right for some or all of the land
subject to the development application under any applicable Texas
law that requires the city to review and decide the application under
standards in effect prior to the effective date of the currently applicable
standards. The petition shall include the following information and
documents:
(A)
A narrative description of the grounds for the petition;
(B)
A copy of each approved or pending development application that is
the basis for the contention that the city may not apply current standards
to the development application that is the subject of the petition;
(C)
The date of submittal of the application for the permit, or of a
development plan pursuant to which the permit was subsequently filed,
if different from the official filing date;
(D)
The actual start date the project for which the application for the
permit was submitted;
(E)
Identification of all standards otherwise applicable to the development
application from which relief is sought;
(F)
Identification of any current standards which petitioner agrees can
be applied to the development application at issue;
(G)
A narrative description of how the application of current standards
affects proposed use of the land, landscaping or tree preservation,
open space, or park dedication, lot size, lot dimensions, lot coverage
or building size shown on the development application for which the
petition is filed;
(H)
A copy of any prior vested rights determination involving the same
land; and
(d)
Timing for filing petition.
A vested rights petition must be filed with a development application for which a vested right is claimed, except that the petition may be filed before the date of expiration of any permit when filed pursuant to subsection (b), above. Where more than one application is authorized to be filed by this chapter, the petition may be filed simultaneously for each application.
(e)
Procedure and approval.
(1)
Responsible official.
The responsible official for processing
the development application in conjunction with a vested rights petition
is the director of development services. The director shall promptly
forward a copy of the vested rights petition, along with his recommendation,
to the city manager and city attorney for their review.
(2)
Decision by city manager.
The city manager is the final
decision-maker on all vested rights petitions. A request must be accompanied
by a waiver of the time for decision-making on the application imposed
under this section pending decision by the city manager on the vested
rights petition, which shall stay further proceedings on the application.
Upon receipt of the request, the director of development services
or his designee shall prepare a recommendation and forward the matter
to the city manager for decision, who shall decide the petition within
thirty (30) calendar days following the petitioner’s request.
(3)
Appeals.
Appeals to the city manager’s decision
shall be brought to the board of adjustment. Appeals to the decision
made by the board of adjustment may be brought to the district or
county court, as stipulated by state law.
(f)
Criteria for approval.
(1)
Factors.
The city manager shall decide the vested rights
petition based upon the following factors:
(A)
The nature and extent of prior development applications filed for
the land subject to the petition;
(B)
Whether any prior vested rights determinations have been made with
respect to the property subject to the petition;
(C)
Whether any prior approved applications for the property have expired
or have been terminated in accordance with law;
(D)
Whether current standards adopted after commencement of the project
affect proposed use of the land, landscaping or tree preservation,
open space, or park dedication, lot size, lot dimensions, lot coverage
or building size based upon the proposed development application;
(E)
Whether any statutory exception applies to the standards in the current
zoning ordinance from which the applicant seeks relief;
(F)
Whether any prior approved applications relied upon by the petitioner
have expired;
(G)
Any other provisions that are applicable under state law.
(2)
Conditions.
If the claim of vested rights under a petition
is based upon a pending application subject to standards that have
been superseded by current standards under this chapter, the decision-maker
may condition any relief granted on the petition on the approval of
the application under such prior standards.
(g)
Application for permits following final decision on the vested rights
petition.
Following the city manager’s decision
on the vested rights petition, the property owner shall revise the
development application or permit to conform to the final decision.
The decision-maker on the development application shall consider any
application revised under this article in accordance with the procedures
for deciding the initial application under this chapter and in conformity
with the relief granted on the petition. If the relief granted on
the vested rights petition is consistent with the development application
on file, no revisions are necessary. If proceedings have been stayed
on the development application pending referral of the vested rights
petition, proceedings on the application shall resume after the city
manager’s decision on the vested rights petition.
(h)
Action on petition and order.
(1)
Action on the petition.
The city manager’s decision
on the vested rights petition may take any of the following actions:
(A)
Deny the relief requested in the petition, and direct that the development
application shall be reviewed and decided under currently applicable
standards;
(B)
Grant the relief requested in the petition, and direct that the development
application shall be reviewed and decided in accordance with the standards
contained in identified prior regulations; or
(C)
Grant the relief requested in part, and direct that certain identified
current standards shall be applied to the development application,
while standards contained in identified prior regulations also shall
be applied; or
(2)
Order on the petition.
The city manager’s report
and each decision on the vested rights petition shall be memorialized
in an order identifying the following:
(A)
The nature of the relief granted, if any;
(B)
The approved or filed development applications upon which relief
is premised under the petition;
(C)
Development standards which shall apply to the development application
for which relief is sought;
(D)
Prior standards which shall apply to the development application
for which relief is sought, including any procedural standards;
(E)
The statutory exception or other grounds upon which relief is denied
in whole or in part on the petition;
(F)
To the extent feasible, subordinate development applications that
are subject to the same relief granted on the petition; and
(i)
Expiration and extension.
(1)
Expiration.
Relief granted on a vested rights petition
shall expire on occurrence of one of the following events:
(A)
The petitioner or property owner fails to submit a required revised
development application consistent with the relief granted through
the vested rights decision within forty-five (45) days of the final
decision on the petition;
(B)
The development application for which relief was granted on the vested
rights petition is denied under the criteria made applicable through
the relief granted on the petition; or
(C)
The development application for which relief was granted on the vested
rights petition expires.
(2)
Extension.
Extension of the date of expiration for the
development application for which relief was granted on a vested rights
petition shall result in extension of the relief granted on petition
for a like period.
(Ordinance 2019-42 adopted 10/8/19)
(a)
Building permits.
(1)
Applicability.
No building or other structure shall
be erected, moved, added to, or structurally altered without a permit
therefore issued by the city’s building official authorized
to issue the same. No building permit shall be issued except in conformity
with the provisions of this chapter and all applicable building codes
of the city.
(2)
City and ETJ.
Building permits are required within the
city limits and on all property within the city’s extraterritorial
jurisdiction (ETJ) that was platted through the city.
(3)
Site plan required.
No building permit shall be issued
for the construction of a building or buildings upon any tract or
plot unless the tract is a platted lot of record and the structure
has been reviewed and approved through the site plan process, unless
otherwise declared eligible by the director or the city’s building
official.
(4)
Approval.
Building permits are approved by the city’s
building official following review and approval of applicable department
staff.
(b)
Certificate of occupancy.
(1)
Applicability.
It shall be unlawful to use or occupy
or permit the use or occupancy of any building or premises, or both,
or part thereof hereafter created, erected, changed, converted, or
wholly or partly altered or enlarged in its use or structure until
a certificates of occupancy shall have been issued by the building
official stating that the proposed use of the building or land conforms
to the requirements of this chapter.
(2)
Non-conforming structures.
No nonconforming structure
or use shall be maintained, renewed, changed, or extended until a
certificates of occupancy shall have been issued by the building official.
(3)
Conformance with zoning ordinance.
No permit for the
erection, alteration, moving, or repair of any building shall be issued
until an application has been made for a certificates of occupancy
and the CO shall be issued in conformity with the provisions of this
chapter upon completion of the work.
(4)
Approval.
Certificates of occupancy and temporary certificates
of occupancy are approved by the city’s building official following
review and approval of applicable department staff.
(5)
Temporary approval.
A temporary certificate of occupancy
may be issued by the director for a period not exceeding six (6) months
during alterations or partial occupancy of a building pending its
completion, provided that such temporary certificate may require such
conditions and safeguards as will protect the safety of the occupants
and the public.
(Ordinance 2019-42 adopted 10/8/19)
