THAT THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF CEDAR HILL, TEXAS, AS PASSED AND APPROVED ON THE 11TH DAY OF JANUARY, 1977, TOGETHER WITH ALL AMENDMENTS THERETO IS HEREBY AMENDED AND REPLACED IN ITS ENTIRETY TO READ AS FOLLOWS:

The zoning regulations and districts as herein established have been made in accordance with an adopted comprehensive plan for the purpose of promoting the public health, safety, morals and general welfare of the city. They have been designed to protect and preserve places and areas of historical, cultural or architectural importance and significance in the city. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks, and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

The boundaries of zoning districts set out herein are delineated upon a zoning district map of the city, adopted as part of this ordinance as fully as if the same were set forth herein in detail.

One original of the zoning district map shall be filed in the office of the city secretary and labeled as Ordinance Number 2001-64. This copy shall be the official zoning district map and shall bear the signature of the mayor and attestation of the city secretary. This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.

A copy of the original zoning district map shall be placed in the office of the planning and zoning director. The copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Reproductions for informational purposes may be made of the official zoning district map or this copy.

The district boundary lines shown on the zoning district map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(a)

Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerline.

(b)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(c)

Boundaries indicated as approximately following city limits shall be construed as following city limits.

(d)

Boundaries indicated, as following railroad lines shall be construed to be midway between the right-of-way lines.

(e)

Boundaries indicated as following the centerline of all creeks, streams or drainage-ways shall be construed to follow such centerline, and in the event of change in the centerline, shall be construed to move with such centerline.

(f)

Boundaries indicated as parallel to or extensions of features indicated in subsections (a) through (e) above shall be so construed. Distances not specifically indicated on the official zoning maps shall be determined by the scale of the map.

(g)

Whenever any street, alley, or other public way is vacated by official action of the city council or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

(h)

The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.

(i)

Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections (a) through (h), the property shall be considered as classified, "RR" rural residential, in the same manner as provided for newly annexed territory.

(j)

Zoning changes, which are still valid, made between January 11, 1977 and the dates of passage of this chapter are indicated in approximate locations on the zoning district map. For exact legal descriptions, refer to adopting ordinances for each particular zoning change.

All land, buildings, structures or appurtenances thereon located within the City of Cedar Hill, Texas which are hereafter occupied, used, constructed, erected, removed, placed, demolished, or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided or subject to penalties as per section 23-6.3.1 of this chapter. All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise. No building permit will be issued or no occupancy or construction of any project shall commence, until the land area for the building or project is permanently zoned for the intended use(s).

It shall be a violation of this chapter to engage in any use of land which is prohibited by state law or which operates in excess of state or national environmental or pollution standards as determined by the U.S. Environmental Protection Agency, Texas Air Control Board, Texas State Department of Health, or The Texas Natural Resource Conservation Commission, as the case may be.

No new uses shall be established on any land parcel unless the property is platted in accordance with the platting and subdivision regulations and standards of the city.

All territory hereinafter annexed to the City of Cedar Hill shall be classified as "RR" rural residential (see section 23-2.3.10) until other zoning is established as deemed appropriate by the city. The procedure for establishing zoning for annexed territory shall conform to the procedure set forth in division 2.3 of this chapter.

1.6.1 Following annexation, the planning and zoning director shall schedule public hearings to zone the recently annexed land.

1.6.2 In an area classified as "RR" rural residential, no construction or use of land shall commence other than a permit which will allow the construction of a building or use permitted in the "RR" district, unless and until such area has been classified in a zoning district for which the proposed use is permitted, by the city council in the manner prescribed by division 2.3.

1.6.3 No application for a building permit or approval of a site plan shall be submitted until permanent zoning has been established by the city in accordance with division 2.3 of this chapter.

Every application for a zoning permit authorized by this zoning ordinance shall be subject to a determination of completeness by the official responsible for processing the application. No application shall be accepted by the responsible official for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this zoning ordinance.

(Ord. No. 2005-250, § 1, 8-30-05)

The processing of an application by any city official or employee prior to the time the application is determined to be complete shall not be binding on the city as the official acceptance of the application for filing, and 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.

(Ord. No. 2005-250, § 1, 08-30-05)

A property owner may request a pre-application conference with the administrator for purposes of identifying requirements that are applicable to a zoning permit. The request shall be made in writing on a form prepared by the administrator and shall state that any proposed development concept discussed at the pre-application conference is not intended as a plan of development or application for zoning permit approval.

(Ord. No. 2005-250, § 1, 08-30-05)

A determination of completeness shall be made by the official responsible for processing the application in writing not later than the tenth business day after the date the application is submitted to the official. 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.

(Ord. No. 2005-250, § 1, 08-30-05)

An initial permit application that is filed on or after April 28, 2005, or any subsequent application filed after approval of such initial zoning permit, shall be deemed complete on the 11th business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete.

(Ord. No. 2005-250, § 1, 08-30-05)

If an application is not completed on or before the 45th day after the application is submitted to the official responsible for processing the application in accordance with the official's written notification, the application will be deemed to have expired and it will be returned to the applicant together with any accompanying documents.

(Ord. No. 2005-250, § 1, 08-30-05)

Notwithstanding any other provision of this zoning ordinance to the contrary, an application for a zoning permit, or an application to the board of adjustment for a variance or special exception, shall not be considered complete unless accompanied by a copy of the zoning ordinance or other certification verifying that the proposed use for which the application is submitted is authorized by the zoning district in which the property is located. No application for a building permit shall be considered complete unless accompanied by an approved site plan or other zoning permit that applies standards to the property required by this chapter.

(Ord. No. 2005-250, § 1, 08-30-05)

For purposes of determining a vested rights petition pursuant to division 1.9, no vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete initial application that is subsequently denied.

(Ord. No. 2005-250, § 1, 08-30-05)

The time period established by state law or this zoning ordinance for processing or deciding an application shall commence on the date that a complete application has been accepted for filing, which date shall be deemed the official filing date.

(Ord. No. 2005-250, § 1, 08-30-05)

(a)

Purpose. The purpose of a vested rights petition is to determine whether one (1) or more standards of this zoning ordinance should not be applied to a zoning permit application by operation of state law, or whether certain permits are subject to expiration.

(b)

Definition. For purposes of this division 1.9, the term "zoning permit" means any of the following types of applications, authorized pursuant to Ordinance No. 2001-64, as amended: Conditional use permits and associated site plans; in planned development districts, development plans or site plans, site plans for overlay zoning districts; landscaping plans or site plans; building permits; or certificates of occupancy.

(c)

Applicability. A vested rights petition may be filed with an application for a zoning permit. A vested rights petition may not be filed with a request to amend the text of the zoning regulations or the zoning map, or with a request for approval of a conditiona use permit.

(d)

Effect. Upon granting of a vested rights petition in whole or in part, the zoning permit application shall be decided in accordance with the standards specified in the relief order based on prior ordinance requirements or development standards.

(Ord. No. 2005-250, § 1, 08-30-05)

(a)

Who may petition. A vested rights petition may be filed by a property owner or the owner's authorized agents, including the applicant, with any zoning permit application.

(b)

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 zoning permit application under V.T.C.A. Local Government Code, Ch. 245 or successor statute, or pursuant to V.T.C.A. Local Government Code, § 43.002 or successor statute, 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:

(1)

A narrative description of the grounds for the petition;

(2)

A copy of each approved or pending zoning permit or other development application which is the basis for the contention that the city may not apply current standards to the zoning permit application which is the subject of the petition;

(3)

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.

(4)

The date the project for which the application for the zoning permit was submitted was commenced.

(5)

Identification of all standards otherwise applicable to the zoning permit application from which relief is sought;

(6)

Identification of the standards which the petitioner contends apply to the zoning permit application;

(7)

Identification of any current standards which petitioner agrees can be applied to the zoning permit application at issue;

(8)

A narrative description of how the application of current standards affect 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;

(9)

A copy of any prior vested rights determination involving the same land; and

(c)

Time for filing petition. A vested rights petition shall be filed with a zoning permit application for which a vested right is claimed. Where more than one (1) zoning permit application is authorized to be filed by this zoning ordinance, the petition may be filed simultaneously for each application.

(Ord. No. 2005-250, § 1, 08-30-05)

(a)

Responsible official. The official responsible for processing the zoning permit application shall process the vested rights petition. A copy of the petition shall be forwarded to the city attorney following acceptance.

(b)

Official's decision. If the responsible official is the decision maker on the zoning permit application, the official shall determine whether the relief requested in the vested rights petition should be granted in whole or in part, and shall formulate a written report summarizing the official's reasoning and setting forth the decision on the petition, which shall be delivered to the applicant within ten (10) days of the date the vested rights petition is accepted for filing.

(c)

Decision by commission on petition. If the zoning permit application is to be decided by the planning and zoning commission, the planning director shall submit a report in the form of a recommendation to the decision maker. The commission shall render a decision on the vested rights petition in conjunction with its decision on the zoning permit application.

(d)

Appeal of decision on petition. The petitioner or any interested person may appeal the responsible official's or the commission's decision on the vested rights petition within ten (10) working days of the date of such decision to the city council. An appeal under this subsection stays acceptance of filing of any related development applications.

(e)

Decision by city council. Where the city council is the final decision maker on the zoning permit application, or upon appeal, the city council shall decide the vested rights petition. The request must be accompanied by a waiver of the time for decision on the application imposed under this zoning ordinance pending decision by the council, which shall stay further proceedings on the application. The council shall decide the petition, after considering the responsible official's report and any decision by the planning and zoning commission with its decision on the zoning permit application or within thirty (30) calendar days of receipt of the responsible official's report, or the notice of appeal, whichever is later.

(Ord. No. 2005-250, § 1, 08-30-05)

(a)

Action on the petition. The decision-maker on the vested rights petition may take any of the following actions:

(1)

Deny the relief requested in the petition, and direct that the zoning permit application shall be reviewed and decided under currently applicable standards;

(2)

Grant the relief requested in the petition, and direct that the zoning permit application shall be reviewed and decided in accordance with the standards contained in identified prior regulations; or

(3)

Grant the relief requested in part, and direct that certain identified current standards shall be applied to the zoning permit application, while standards contained in identified prior regulations also shall be applied; or

(4)

For petitions filed pursuant to section 28-13, determine whether the zoning permit(s) should be terminated, or specify the expiration date or the conditions of expiration for such permit(s).

(b)

Order on petition. The responsible official's report and each decision on the vested rights petition shall be memorialized in an order identifying the following:

(1)

The nature of the relief granted, if any;

(2)

The approved or filed zoning permit or other development application(s) upon which relief is premised under the petition;

(3)

Current standards which shall apply to the zoning permit application for which relief is sought;

(4)

Prior standards which shall apply to the zoning permit application for which relief is sought, including any procedural standards;

(5)

The statutory exception or other grounds upon which relief is denied in whole or in part on the petition.

(Ord. No. 2005-250, § 1, 08-30-05)

(a)

Factors. The decision-maker shall decide the vested rights petition based upon the following factors:

(1)

The nature and extent of prior zoning permit or other development applications filed or approved for the land subject to the petition;

(2)

Whether any prior vested rights determinations have been made with respect to the property subject to the petition;

(3)

Whether any prior approved applications for the property have expired or have been terminated in accordance with law;

(4)

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;

(5)

Whether any statutory exception applies to the standards in the current Zoning Regulations from which the applicant seeks relief;

(6)

Whether any prior approved zoning permit or other development applications relied upon by the petitioner have expired;

(b)

Conditions. If the claim of vested rights under a petition is based upon a pending zoning or other development application subject to standards that have been superseded by current standards under this zoning ordinance, the decision maker may condition any relief granted on the petition on the approval of the application under such prior standards.

(Ord. No. 2005-250, § 1, 08-30-05)

Following the city's final decision on the vested rights petition, the property owner shall conform the zoning permit application for which relief is sought to such decision. If the zoning permit application on file is consistent with the relief granted on the vested rights petition, no revisions are necessary. Where proceedings have been stayed on the zoning permit application pending referral of the vested rights petition to the city council, proceedings on the application shall resume after the council's decision on the vested rights petition.

(Ord. No. 2005-250, § 1, 08-30-05)

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 zoning permit application consistent with the relief granted within thirty (30) days of the final decision on the petition;

(b)

The zoning permit 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 zoning permit application for which relief was granted on the vested rights petition expires.

(Ord. No. 2005-250, § 2, 08-30-05)