The planning and zoning commission shall function according to article III, planning and zoning commission, section 16-41—16-43, in the Cedar Hill Code of Ordinances, which establishes membership and operating procedures. The powers and duties of the planning and zoning commission are further defined in division 2.3 of this chapter and in chapter 16 in the city's Code of Ordinances.

There is hereby created, in accordance with V.T.C.A. Local Government Code § 211.007 and the City Charter, a planning and zoning commission which shall consist of seven (7) citizens from the City of Cedar Hill. Members shall be appointed by the mayor, subject to confirmation by the city council. The city council shall select replacements for the planning and zoning commission members whose terms have expired. Vacancies and unexpired terms shall be appointed by the council for the remainder of the term. Members of the commission may be removed from office by the city council after public hearing and for cause set forth in writing. All members shall serve without compensation. All members shall serve in accordance with article III, planning and zoning commission, section 16-41—16-43, in the Cedar Hill Code of Ordinances pertaining to attendance and tenure requirements. The planning and zoning director shall keep minutes of all meetings held by the planning and zoning commission and full record of all recommendations to be made by the planning and zoning commission to the city council. A chairman and vice-chairman shall be elected by the planning and zoning commission from its membership.

Four (4) members of the planning and zoning commission shall constitute a quorum, and all members, including the presiding chairman, shall have the right of one (1) vote each, a quorum being present. All actions by the planning and zoning commission shall be by a majority vote of those members present and an affirmative vote of four (4) members shall be necessary for the passage of any recommendation to the city council. If any member has a conflict of interest in review of any item on the Commission's agenda, he or she shall remove themselves from the room and refrain from voting only on the item for which a conflict exists.

The planning and zoning commission shall meet at such times in the council chambers at the City Hall or other specified locations as may be designated by the chairman or vice chairman in the absence of the chairman, and at such intervals as may be necessary to orderly and properly transact the business of the commission but not less than once each month. But in the case that no agenda item is submitted for the commission to review no meeting shall be required.

The planning and zoning commission shall be an advisory body to the city council and shall make recommendations regarding amendments to the comprehensive plan, changes of zoning and zoning to be given to newly annexed areas, and shall make recommendations regarding the approval of the plats of subdivisions as may be submitted to it for review and other planning related matters. The planning and zoning commission shall conduct an annual review of the city's comprehensive plan and be prepared to make such recommendations to the city council as deemed necessary to keep the city's comprehensive plan current with the needs and uses of the city. The planning and zoning commission shall serve in an advisory capacity on any planning related item(s) in the city.

The procedure and process for zoning changes and/or amendments shall be in accordance with division 2.3 of this chapter.

There is hereby created a zoning board of adjustments to be composed of five (5) members who shall be residents and qualified voters of the City of Cedar Hill and shall serve without compensation.

(Ord. No. 2019-678, § 1, 7-9-19)

The zoning board of adjustments shall consist of five (5) regular members who shall be appointed by the city council. The members shall serve for a period of two (2) years or until their successors are duly appointed and qualified. The city council shall provide for the appointment of up to two (2) alternate board members to serve in the absence of the regular members as requested by the city manager. The council shall select replacements for the zoning board of adjustment members whose terms have expired. All members will be appointed by a majority vote of the city council. Members may be removed by a majority vote of the members of the city council, for cause on a written charge after a public hearing. Board members may be appointed to succeed themselves. An alternate member, as appointed by the city council, may fill a vacancy for the unexpired term of a member whose term becomes vacant. Any member absent from three (3) regular consecutive meetings shall be deemed to have vacated such office unless such absences were due to sickness of the member or the member's family with leave being first obtained from the chairman or city manager.

All meetings of the board shall be open to the public. Four (4) members of the board shall constitute a quorum for the conduct of business. All cases to be heard by the zoning board of adjustments will always be heard by a minimum number of four (4) members. The members of the board shall regularly attend meetings and public hearings of the board and shall serve without compensation.

(Ord. No. 2019-678, § 1, 7-9-19)

(a)

The zoning board of adjustments shall have the authority, subject to the standards established in V.T.C.A., Local Government Code §§ 211.008 to 211.011 and those established herein, to exercise the following powers and perform the following duties:

(1)

Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter;

(2)

Hear and decide special exceptions as authorized by this section;

(3)

Authorize in specific cases a variance to regulations as authorized by this section if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the regulation would result in unnecessary hardship, and so that the spirit of this chapter is observed and substantial justice is done;

(4)

Establish an expiration date for a nonconforming use, reinstate a nonconforming use, authorize the expansion of a nonconforming use or a change from one nonconforming use to another nonconforming use.

(b)

In exercising its authority under this section, the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.

(c)

The concurring vote of four (4) members of the board is necessary to:

(1)

Reverse an order, requirement, decision, or determination of an administrative official;

(2)

Decide in favor of an applicant on a matter on which the board is required to review under this zoning chapter; or

(3)

Authorize a variance or special exception as permitted by this section.

(d)

The board shall have no power to:

(1)

Grant a variance authorizing a use other than those permitted in the district with the exception of a change from one nonconforming use to another nonconforming use;

(2)

Grant or modify conditional use authorizations as described in this chapter;

(3)

Grant a zoning amendment; or

(4)

Take any action not specifically authorized by this chapter or state law.

(Ord. No. 2019-678, § 1, 7-9-19)

(a)

An appeal may be taken from the decision of an administrative official in the enforcement of this chapter by an applicant for the permit on which the decision is rendered, by any person or persons directly aggrieved by the decision or by any officer, department, board or office of the municipality affected by the decision.

(b)

The appellant must file with the board and the official against whom the appeal is taken a written notice of appeal specifying the grounds for the appeal within fifteen (15) days after the administrative official's decision has been rendered. The officer to whom the appeal is made shall forthwith transmit to the board all papers constituting the record of the action that is appealed.

(c)

An appeal shall not authorize the denied activity and stays the appellant from proceeding in furtherance of the appeal unless the official from whom the appeal is taken certified in writing to the board that facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown.

(d)

The appellant party may appear at the appeal hearing in person or by agent or attorney.

(e)

The board shall hear the appeal within forty-five (45) days after it is filed and continue such hearing from time to time as is reasonably necessary. The board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken, and make the correct order, requirement, decision, or determination.

(f)

Accessory buildings. Authorization to exceed the maximum allowed floor area subject to the following conditions:

(1)

The cumulative floor area of the accessory buildings does not exceed the floor area of the main building(s).

(2)

The accessory buildings are constructed of the same materials as the main building(s) or are visually obstructed from adjoining property and existing and future rights-of-way.

(Ord. No. 2019-678, § 1, 7-9-19; Ord. No. 2019-683, § 1, 8-27-19)

The zoning board of adjustments may grant a special exception to the following development standards subject to the associated criteria enumerated in this subsection if the board finds it will not be detrimental to the public health, safety or welfare, or injurious to other property within the area.

(a)

Off-Street parking. Authorization of a reduction in the number of off-street parking spaces required by this chapter if the board finds that the parking demand generated by the use does not warrant the number of off-street parking spaces required, and the special exception would not create a traffic hazard or increase traffic congestion on adjacent or nearby streets. The maximum reduction authorized shall be in accordance with the following land uses:

(1)

Commercial amusement (indoor): Seventy-five (75) percent of the required number of parking spaces or provide one (1) space, whichever is greater.

(2)

Industrial/manufacturing: Seventy-five (75) percent of the required number of parking spaces or provide one (1) space, whichever is greater.

(3)

Office: Thirty-five (35) percent of the required number of parking spaces or provide one (1) space, whichever is greater.

(4)

All other uses: Twenty-five (25) percent of the required number of parking spaces or provide one (1) space, whichever is greater.

(b)

Minimum yard requirements for main buildings. Limited to a maximum encroachment of two (2) feet due to a field, survey, or construction error.

(c)

Minimum lot area, lot width and lot depth: Limited to parcels that became nonconforming as a result of zoning, platting, property acquisition, or roadway or utility construction initiated by the city, state, county or federal government.

(d)

Alternative surface to concrete paving. Authorization of an alternative surface to concrete paving subject to the following conditions:

(1)

If the surface is utilized in areas for required parking or required access for emergency vehicles, then it shall be of a type that can be striped or marked or be designed to support the load of an emergency vehicle.

(2)

The surface shall be contained in a manner so that it does not create additional drainage runoff of sediments or similar debris.

(3)

Surfaces that emit heat shall include landscape islands consistent with the requirements for concrete parking lots.

(4)

A schedule for the maintenance of the surface.

(5)

Historic utilization of materials compatible with the surrounding area if the property is located within the old town district.

(e)

Garage requirements or placement, on property ten (10) acres or larger, if the primary structure's adjacency to other uses will not impact vehicle storage on or near right-of-way.

(Ord. No. 2019-678, § 1, 7-9-19)

(a)

The zoning board of adjustments may grant a variance to the front yard setback, side yard setback, rear yard setback, lot width, lot depth, lot coverage, height, off-street parking or off-street loading, screening of garage bays and mechanical equipment, or landscape regulations.

(b)

In order to grant a variance, the zoning board of adjustments shall find that an unnecessary hardship exists utilizing each of the following criteria:

(1)

That literal enforcement of the regulation will create practical difficulty in the development of the affected property;

(2)

That the situation is not self-imposed, self-created, nor based solely on economic gain or loss to the applicant;

(3)

That the relief sought neither affects all or most property in the same zoning district nor injures the permitted use of adjacent conforming property;

(4)

That the granting of a variance will be in harmony with the spirit and purpose of this chapter; and

(5)

That the granting of the variance will not be detrimental to the public health, safety or welfare.

(c)

In order to grant a variance for a structure, the zoning board of adjustments may consider the following as grounds to determine whether compliance with the ordinance as applied to a structure would result in unnecessary hardship:

(1)

The financial cost of compliance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code;

(2)

Compliance would result in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which development may physically occur:

(3)

Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;

(4)

Compliance would result in the unreasonable encroachment on an adjacent property or easement; or

(5)

The municipality considers the structure to be a nonconforming structure.

(d)

The applicant bears the burden of proof in establishing the facts justifying the variance.

(Ord. No. 2019-678, § 1, 7-9-19; Ord. No. 2021-740, § 1, 10-26-21)

(a)

The city council may request that the zoning board of adjustments consider establishing an expiration date for a nonconforming use. Upon receiving such a request, the board shall hold a public hearing. Based upon the evidence presented at the public hearing, the board shall consider each of the following factors in determining whether continued operation of the nonconforming use will have an adverse effect on nearby properties:

(1)

The character of the surrounding neighborhood.

(2)

The degree of incompatibility of the use with the zoning district in which it is located.

(3)

The manner in which the use is being conducted.

(4)

The hours of operation of the use.

(5)

The extent to which continued operation of the use may threaten public health or safety.

(6)

The environmental impacts of the use's operation, including but not limited to the impacts of noise, glare, dust, and odor.

(7)

The extent to which public disturbances may be created or perpetuated by continued operation of the use.

(8)

The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use.

(9)

Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties.

(b)

If the board determines that continued operation of the nonconforming use will have an adverse effect on nearby properties, it shall, in accordance with the law, provide a compliance date for the nonconforming use under a plan whereby the owner's actual investment in the use before the time that the use became nonconforming can be amortized within a definite time period. The following factors must be considered by the board in determining a reasonable amortization period:

(1)

The owner's capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use became nonconforming.

(2)

Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages.

(3)

Any return on investment since inception of the use, including net income and depreciation.

(4)

The anticipated annual recovery of investment, including net income and depreciation.

(Ord. No. 2019-678, § 1, 7-9-19)

The zoning board of adjustments may reinstate a nonconforming use that has been abandoned as described in this chapter if it finds that:

(a)

Another use has not been established on the property;

(b)

The owner proves there was no clear intent to abandon the use;

(c)

It does not prolong the life of the nonconforming use; and

(d)

Will not have an adverse effect on the surrounding area.

(Ord. No. 2019-678, § 1, 7-9-19)

The board may authorize the expansion of a nonconforming use if it finds that the nonconforming use:

(a)

Is limited to a maximum of ten (10) percent of the gross floor area of the interior or exterior to the structure where the nonconforming use is occupied, a maximum of ten (10) percent of the impervious coverage on the property where the nonconforming use is occupied, or a maximum of ten (10) percent of any other area designated for the nonconforming use;

(b)

Does not increase the number of residential units as a result of the expansion of a nonconforming use;

(c)

Does not prolong the life of the nonconforming use;

(d)

Would have been permitted under the zoning regulations that existed when the current use was originally established by right; and

(e)

Will not have an adverse effect on the surrounding area.

(Ord. No. 2019-678, § 1, 7-9-19)

The board may authorize a change from one nonconforming use to another nonconforming use if it finds that the change to a new use:

(a)

Does not prolong the life of the nonconforming use;

(b)

Would have been permitted under the zoning regulations that existed when the current use was originally established by right;

(c)

Is similar in nature to the current use; and

(d)

Will not have an adverse effect on the surrounding area.

(Ord. No. 2019-678, § 1, 7-9-19)

(a)

Application and fee. An application for consideration by the board of adjustment shall be in writing using forms provided by the city accompanied by a fee.

(b)

Notice and hearing. The zoning board of adjustment shall hold public hearings on all applications no later than forty-five (45) days after the date the application is filed. Notice of public hearings shall be provided to all property owners within two hundred (200) feet of the affected property at least ten (10) days prior to the public hearing and also published in the official local newspaper at least ten (10) days prior to the public hearing.

(c)

Judicial review. Any person or persons, jointly or severally, aggrieved by a decision of the board of adjustment, or any taxpayer, the city, or any officer, department, or board of the city may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality, as stated in V.T.C.A., Local Government Code § 211.011. Such petition must be presented within ten (10) days after the date the decision is filed in the planning and zoning office.

(Ord. No. 2019-678, § 1, 7-9-19)

The city declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

(a)

To correct any error in the regulations or map.

(b)

To recognize changed or changing conditions or circumstances in a particular locality.

(c)

To recognize changes in technology, the style of living, or manner of conducting business.

(d)

To change the property to uses in accordance with the approved comprehensive plan.

(e)

To make changes in order to implement policies within the comprehensive plan.

In making a determination regarding a requested zoning change, the planning and zoning commission and city council shall consider the following factors:

(f)

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.

(g)

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, and shall note the findings.

(h)

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.

(i)

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

(j)

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

(k)

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

The city council may from time to time, after receiving a final report thereon by the planning and zoning commission and after public hearings required by law, amend, supplement, or change the regulations herein provided and amend the zoning ordinance text, zoning district classifications, or the boundaries of the zoning districts specified on the zoning map. Any ordinance regulations or zoning district boundary amendment may be ordered for consideration by the city council, be initiated by the planning and zoning commission, or be requested by the owner of real property, or the authorized representative of an owner of real property.

Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner, or by the planning and zoning commission or city council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown on the city records are different, the applicant shall submit proof of ownership.

No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of Cedar Hill, and which are directly attributable to a piece of property requested for zoning shall be allowed to submit a zoning request until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the city has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that the taxes have been paid.

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, filed with the city and shall be accompanied by payment of the appropriate fee as established by the city council. Processing fees charged for the subdivision of land for the City of Cedar Hill, Texas are set in section 20-5 of the City of Cedar Hill Code of Ordinances, as may be amended.

(Ord. No. 2006-276, § 1, 1-10-06)

In order to defray administrative costs, each application made with the City of Cedar Hill requested a change, amendment or variance to the zoning ordinance shall be accompanied by the following mandatory fee:

(Ord. No. 2006-276, § 1, 1-10-06; Ord. No. 2008-345, § 1, 1-08-08; Ord. No. 2024-802, § 1,  1-23-24)

(a)

For zoning/rezoning requests involving real property, the planning and zoning commission shall hold at least one (1) public hearing on each zoning application, as per applicable state law (V.T.C.A. Local Government Code Ch. 211, as may be amended). For proposed changes to zoning district boundaries (including rezoning requests), notice of the planning and zoning commission 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. Written notice of the public hearing to occur before the planning and zoning commission shall also be sent 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 (200) feet of any property affected thereby, said written notice to be sent not less than ten (10) days before such hearing is held. 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.

(b)

For requests involving proposed changes to the text of the zoning ordinance, notice of the planning and zoning commission 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. Changes in the ordinance text which do not change zoning district boundaries, or which do not involve specific real property, do not require written notification to individual property owners.

(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, developer agreements, etc.) which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change and/or development by the applicant or its agent(s). 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.

(Ord. No. 2006-276, § 1, 1-10-06)

Failure of the applicant or his representative to appear before the planning and zoning commission or city council for more than one (1) hearing without an approved delay by the planning and zoning administrator shall constitute sufficient grounds for the planning and zoning commission or the city council to table or deny the application.

(Ord. No. 2006-276, § 1, 1-10-06)

The planning and zoning commission shall function in accordance with both chapter 16, article III of the City of Cedar Hill Code of Ordinances and division 2.1 of this chapter. The planning and zoning commission, after the public hearing is closed, shall prepare its report and recommendations on the proposed change stating its findings, its evaluation of the request and of the relationship of the request to the comprehensive plan. The planning and zoning commission may defer its report for not more than ninety (90) days from the time it is posted on the agenda or until it has had an opportunity to consider other proposed changes which may have a direct bearing thereon unless a postponement is requested by the applicant. If the planning and zoning commission has not acted, the request shall be sent to the city council as a recommendation to deny.

(Ord. No. 2006-276, § 1, 1-10-06)

If the planning and zoning commission recommends denial of the zoning change request, it shall offer reasons to the applicant for the denial, if requested by the applicant. The planning and zoning commission, at its discretion, may recommend to the city council the zoning change request be denied with prejudice. The planning and zoning chairman shall inform the applicant of the right to receive reasons for the denial.

(Ord. No. 2006-276, § 1, 1-10-06)

(a)

Applications forwarded from the planning and zoning commission to the city council.

(1)

Every application or proposal which is recommended for approval (or approval with conditions) by the planning and zoning commission shall be automatically forwarded (along with the commission's favorable recommendation) to the city council for setting and holding of public hearing thereon. The city council may then approve the request, approve it with conditions, or disapprove it by a simple majority vote of the council members present and voting.

(2)

An application which is recommended by the planning and zoning commission for denial shall not be forwarded to the city council unless the applicant files a written appeal with the city secretary within ten (10) days after the commission's decision. And be accompanied by one-half of the original application fee payable to the city. Said appeal will, in that instance, be forwarded to the city council along with the commission's reasons for denial of the request. The appeal shall be scheduled for the next possible city council agenda, following appropriate public notification as prescribed in section 23-2.3.5.

(3)

Approval of the request which was recommended for denial by the planning and zoning commission, shall require a three-fourths (¾) majority vote of the city council members present and voting. No zoning change, however, shall become effective until after the adoption of an ordinance for same and its publication, as required by law.

(b)

City council action on zoning/rezoning or text amendment requests. After a public hearing is held before the city council regarding the zoning application, the city council may approve the request in whole or in part, deny the request in whole or in part, table the application to a future meeting, specifically citing the future meeting to which it is tabled, or it may refer the application back to the planning and zoning commission for further study.

(1)

If the city council approves the request, then subsection 23-2.3.9(e) will apply.

(2)

If the city council denies the request, then the same or a similar zoning application may not be filed for any portion of the subject tract of land (or for that portion of the zoning ordinance, in the case of a text amendment request submitted by a property owner or citizen) for a waiting period of one (1) year following the denial. A different zoning change request can be filed at any time. In the instance that the request was initiated by the city and involved a proposed amendment to the text of the zoning ordinance, then there is no waiting period before the request can be reconsidered.

(3)

The city council may, at its option, waive the one-year waiting period if, after due consideration of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial new information pertaining to the request is discovered.

(c)

City council hearing and notice for zoning changes. Notice of the city council public hearing for zoning/rezoning and for zoning ordinance text amendment requests shall be given by publishing the purpose, time and place of such hearing in the official newspaper of the city not less than fifteen (15) days prior to the date of the public hearing.

(d)

Protests. A favorable vote of three-fourths (¾) of all members of the city council shall be required to approve any proposed change in a zoning regulation or zoning district boundary when written objections are received from twenty (20) percent or more of the land area covered by the proposed change, or the land area within two hundred (200) feet of the subject property, in compliance with the provisions of V.T.C.A. Local Government Code § 211.006 (commonly referred to as the "twenty percent rule"). If a protest against such proposed amendment, supplement or change has been filed with the city secretary, duly signed and acknowledged by the owners of twenty (20) percent or more, either of the area of the land included in such a proposed change or those immediately adjacent to the area thereof extending two hundred (200) feet therefrom, such amendments shall not become effective except by a three-fourths (¾) vote of the city council.

(e)

Final approval and ordinance adoption. Upon approval of the zoning request by the city council, the applicant shall submit all related material with revisions, if necessary, to the city for the preparation of the amending ordinance. A metes and bounds description of all property and appropriate exhibits must be submitted with the zoning change request application. The amending ordinance will not be approved until a correct description has been prepared. The zoning request shall be approved at the time the city council makes a decision to approve the request as submitted or with certain conditions.

(Ord. No. 2006-276, § 1, 1-10-06; Ord. No. 2008-345, § 2, 1-8-08)

As authorized in V.T.C.A. Local Government Code § 211.007, the city council may, by a two-thirds (⅔) vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by the city council and planning and zoning commission. If the notice provisions are different than section 23-2.3.5 above, then the provisions of section 23-2.3.5 do not apply.

(Ord. No. 2006-276, § 1, 1-10-06; Ord. No. 2008-345, § 3, 1-8-08)

As soon as reasonable after an annexation ordinance is approved by the city council, the city manager or designated city official shall prepare an application for zoning the newly annexed property to "RR" rural residential unless the property owner, city council or planning and zoning commission determines another zoning district is more appropriate. The application shall be placed on the planning and zoning commission's agenda. All procedures as set forth in this section shall apply.

(Ord. No. 2006-276, § 1, 1-10-06)

(a)

Purpose and applicability. From time to time, the city council may establish overlay zoning districts. An overlay zoning district is a zoning district that establishes regulations that combine with the regulations of the underlying (base) zoning district. The overlay district may prohibit uses otherwise allowed in the base district, or establish additional or different standards and conditions for all or some of such uses allowed in the base district. Adoption of the overlay district does not effect repeal of the base zoning district and all regulations contained in the base zoning district shall remain applicable to the uses allowed in the overlay district, except as expressly stated in the regulations of the overlay zoning district.

(b)

Text amendments to create overlay zoning districts. The city council, upon recommendation from the planning and zoning commission, may amend the text of the comprehensive zoning ordinance from time to time to provide for new overlay zoning districts, in accordance with the procedures of this section. The council shall specify for each text amendment the following information for the overlay zoning district:

(1)

The intent and purpose of the district;

(2)

The types of districts with which the overlay zoning district may be combined;

(3)

Minimum standards applicable within the district;

(4)

Uses otherwise permitted within the base district, which are prohibited, limited or restricted within the overlay zoning district, and the standards and conditions constituting such limitations or restrictions.

(c)

Procedures for overlay zoning district map amendments.

(1)

Overlay zoning districts initially shall be established on the zoning map by the city council, upon recommendation of the planning and zoning commission, in accordance with the procedures for zoning amendments in this section. The boundaries of the overlay zoning district shall be designated with particularity in relation to the base district or districts upon which the district is overlaid.

(2)

The zoning map may be amended to extend or contract the boundaries of an overlay zoning district in accordance with the procedures for zoning amendments in this section.

(Ord. No. 2006-276, § 1, 1-10-06)

(a)

Occupancy and use of a building hereafter erected or structurally altered.

(b)

Change in use of an existing building to a use of a different classification.

(c)

Change in the use of land to a use of a different classification.

(d)

Change in occupant or business within a building.

No such use, or change of use, shall take place until such time as, the building official issues a certificate of occupancy. A fee shall be established by separate ordinance.

Written application for a certificate of occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued after the building official orders the building or structure inspected and finds no violations of the provisions of this ordinance or other regulations, which are enforced by the building official. The building official or his agent, shall issue the said certificate after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter.

Written application for a certificate of occupancy for the use of vacant land, a change in the use of land or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to the said building official or his agent. If the proposed use is a conforming use, as herein provided, written application shall be made to the said building official. If the proposed use is found to be in conformity with the provisions of this chapter, including parking requirements, the certificate of occupancy shall be issued after the application for same has been made and all required inspections are completed and approved by the building official. If parking requirements are not found in conformity, the applicant shall submit a site plan showing all parking in conformance with use and pavement type requirements.

(Ord. No. 2004-201, § 2, 4-13-04)

Every certificate of occupancy shall contain the following: 1) building permit number, 2) the address of the building, 3) the name and address of the owner, 4) a description of that portion of the building for which the Certificate is issued, 5) a statement that the described portion of the building has been inspected for compliance with the requirements of the Uniform Building Code, group and division of occupancy, 6) the name of the building official, 7) use (uses) allowed, and 8) issue date of certificate of occupancy.

The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official or his authorized agent.

The building official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this chapter whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provision of this chapter or the building code and other codes adopted by the city, and any amendments thereto. Appeal of the building official's decision shall be to the board of adjustment.

(a)

Within the districts established by this chapter or amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this ordinance to permit such nonconforming uses to continue, as long as the conditions within this section and other applicable sections are met.

(b)

It is further the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded or extended, and not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

(c)

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

(a)

Any use, platted lot or structure which does not conform with the regulations of this zoning ordinance on the effective date hereof or any amendment hereto, except as expressly provided in subsection (c) below, shall be deemed a nonconforming use, lot or structure provided that:

(1)

Such use, platted lot or structure was in existence under and in compliance with the provisions of the immediately prior zoning ordinance; or

(2)

Such use, platted lot or structure was a lawful, nonconforming use, lot or structure under the immediately prior zoning ordinance; or

(3)

Such use, platted lot or structure was in existence at the time of annexation to the city, was a legal use of the land at such time, and has been in regular and continuous use since such time.

(b)

Any other use, platted lot, or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this ordinance or any amendment thereto, and except as provided in subsection (c) below, shall be deemed to be in violation of this chapter, and the city shall be entitled to enforce fully the terms of this ordinance with respect to such use, platted lot, or structure.

(c)

The following types of platted lots shall be deemed in conformance with the provisions of this chapter, notwithstanding the fact that such lot does not meet the standards of this chapter in the district in which it is located:

(1)

Any vacant lot that conformed to the city's zoning district regulations at the time that it was platted; or

(2)

Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot is located.

(d)

A lot of record that is nonconforming may be occupied by a single-family dwelling.

(a)

A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.

(b)

A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use, following abandonment of the nonconforming use.

(a)

If a nonconforming use is abandoned, any future use of the premises shall be in conformity with the provisions of this chapter, as amended.

(b)

A nonconforming use shall be deemed abandoned in the following circumstances:

(1)

The use ceases to operate for a continuous period of six (6) months;

(2)

Where the use occupies a structure, the structure remains vacant for a continuous period of six (6) months; or

(3)

In the case of a temporary use, the use is moved from the premises.

(a)

A nonconforming use shall not be changed to another nonconforming use.

(b)

A nonconforming use may be changed to a conforming use; provided that, once such change is made, the use shall not be changed back to a nonconforming use.

(c)

A conforming use located in a nonconforming structure may be changed to another conforming use.

(a)

A nonconforming use shall not be expanded unless authorized by the zoning board of adjustments pursuant to the provisions enumerated in this chapter.

(b)

If the nonconforming use is residential, the number of dwelling units shall not exceed the number of dwelling units existing at the time the use became nonconforming.

(Ord. No. 2019-678, § 3, 7-9-19)

No alteration shall be made to a nonconforming structure that increases the degree of nonconformity, except those required by law to preserve the integrity of the structure or those permitted by right in other sections of this chapter.

(Ord. No. 2019-678, § 4, 7-9-19)

Editor's note— The former § 23-2.5.7 pertained to restoration of nonconforming structure and has been renumbered per § 2 of Ord. No. 2019-678, adopted July 9, 2019, as § 23-2.5.8.

(a)

If more than sixty (60) percent of the total appraised value of a nonconforming structure, as determined from the records of the Dallas County Central Appraisal District, has been destroyed (total destruction), it may be rebuilt only in conformity with the standards of this chapter.

(b)

If less than sixty (60) percent of the total appraised value of a nonconforming structure is destroyed (partial destruction), it may be reconstructed to its original dimensions.

(c)

If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use, the nonconforming use may be re-established subject to the limitations on expansion set forth in section 23-2.5.6.

(Ord. No. 2019-678, § 2, 7-9-19)

Editor's note— The former § 23-2.5.8 pertained to right to proceed preserved and has been renumbered per § 2 of Ord. No. 2019-678, adopted July 9, 2019, as § 23-2.5.9.

Nothing contained in this division 2.5 is intended to alter any rights that may have accrued to proceed under prior regulations, pursuant to V.T.C.A., Local Government Code § 43.002, or §§ 245.001 to 245.006.

(Ord. No. 2019-678, § 2, 7-9-19)

(a)

Purpose. This section establishes a site plan review process for proposed nonresidential and multi-family residential developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage and stormwater management, sanitary facilities, and other utilities and services.

(b)

Applicability. Site plan review and approval shall be required for the following:

(1)

Any nonresidential development.

(2)

Any multi-family development or manufactured/mobile home park.

(3)

Any development with two (2) or more buildings per platted lot.

(4)

Any development in a planned development district or subject to a conditional use permit (public hearings may also be required, see divisions 3.19 and 3.20).

(5)

Any change in use from a residential use to a nonresidential use.

(6)

Any modification to a site that involves increased parking requirements or a change in the front or side wall footprint.

No site plan application shall be considered complete unless the application is accompanied by verification that a final plat for the lot has been recorded and the zoning for the property has been approved. No application for a building permit shall be considered complete for any of the above developments unless the application is accompanied by an approved site plan and all required engineering/construction plans that have been approved by the city. No building shall be occupied until all construction and development conforms to the site plan and engineering/construction plans, as approved by the city. A public hearing on a site plan is not required unless a site plan is prepared in conjunction with a zoning request for a planned development or a CUP.

(c)

Exemptions and exceptions. Site plan review shall not be required for State parks or single-family (attached or detached) except as provided in subsection (b)(4) above, unless the proposed subdivision will include a private amenity/facility comprised of one (1) or more buildings (e.g., a private recreation/swimming facility, etc.) or a golf course, or unless the proposed subdivision will have private (i.e., not public) streets. In these instances, site plan submission and approval (in accordance with this section) will be required for the private amenity/facility, the golf course clubhouse/hospitality area, and the gated (i.e., restricted access) entrances.

(d)

Site plan submission requirements. The site plan submission shall be comprised of the following (all required items/information must be received by the planning and zoning administrator, or his designee, in order for a site plan/development review submission to be considered complete — incomplete submissions will not be reviewed until all deficient items/information has been received):

(1)

Application form (to be provided by the city) signed by the owner or his designated representative (if the applicant is not the owner of the subject property, then he shall submit verification in the form of a notarized statement that he is acting as an authorized agent for the property owner).

(2)

Filing fee (as established within appendix A-6 of this chapter).

(3)

Verification that all taxes and assessments on the subject property have been paid (see subsection (e) below).

(4)

Copies of the site plan (on 24″ × 36″ sheet, and drawn to a known engineering scale that is large enough to be clearly legible), the quantity of which shall be determined by the planning and zoning administrator, or designee.

(5)

Complete sets of engineering/construction plans (including the site plan and plat) for all site work and for all required public improvements (e.g., water, wastewater, grading/storm drainage, streets, alleys, fire lanes and hydrants, etc.), the quantity of which shall be determined by the planning and zoning administrator, or designee.

(6)

Final plat/replat submission (as per the subdivision ordinance), if the property has not yet been platted, or if additional easements or rights-of-way will need to be established for the proposed development.

(7)

Landscaping and irrigation plans, the quantity of which shall be determined by the planning and zoning administrator, or designee.

(8)

Building facade (i.e., elevation) plans, the quantity of which shall be determined by the planning and zoning administrator, or designee.

(9)

Any additional information/materials (i.e., plans, maps, exhibits, legal description of property, information about proposed uses, etc.) as deemed necessary by the planning and zoning administrator, or designee, in order to ensure that the request is understood.

(e)

Taxes. No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of Cedar Hill, and which are directly attributable to a piece of property shall be allowed to submit an application for site plan/development review until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof shall have been first fully paid, or until an arrangement satisfactory to the city has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that the taxes have been paid.

(f)

Site plan details. The site plan and accompanying engineering/construction plans shall contain sufficient information relative to site design and construction to clearly show the extent of the proposed development/ construction, and shall include but not be limited to the following:

(1)

A site inventory analysis including major existing vegetation, natural watercourses, creeks or bodies of water, and an analysis of planned changes in such natural features as a result of the development. This shall include a delineation of any flood prone areas.

(2)

Any existing and proposed public/private streets and alleys; building sites or lots; any areas reserved as parks, parkways, playgrounds, utility easements or school sites; any proposed street widening and street changes (i.e., median cuts and turn lanes); the points of ingress and egress from existing/proposed streets; location and description of existing and proposed utility services, including size of water and sewer mains and laterals, and storm drainage structures (including grading); the location and width for all driveway openings; topography at no more than two-foot contours; and existing development on all abutting sites and the zoning classification thereof.

(3)

Placement of all buildings on the site, showing the building footprints and setback lines, and all property lines, street curb lines, alley lines, easements, screening walls, signage, any service/delivery areas for trucks, fire lanes, and parking areas (including parking space counts and a schedule of parking ratios used for the various proposed uses).

(4)

A landscape plan showing turf areas, screening walls, ornamental plantings, any existing wooded areas and trees to be planted.

(5)

Building facade (i.e., elevation) plans showing elevations with any attached (i.e., wall-mounted) signage to be used, as determined appropriate by the planning and zoning administrator, or designee.

Provision of the above items shall conform to the principles and standards of this chapter. 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. Upon periodic review, the planning and zoning administrator (or designee) shall have the authority to update such requirements for site plan/development review applications.

(g)

Supplemental requirements. The city's staff may require other information and data for specific site plans. This data may include but is not limited to geologic information, water yields, flood data, environmental information, traffic impact analysis, road capacities, market information, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, and similar information. Approval of a site plan may establish conditions for construction based upon such information.

(h)

Principles and standards for site plan review and evaluation. The following criteria have been set forth as a guide for evaluating the adequacy of proposed development within the City of Cedar Hill, and to ensure that all developments are, to the best extent possible, constructed according to the city's codes and ordinances.

The planning and zoning administrator, or designee, shall review the site plan for compliance with all applicable city ordinances and with the comprehensive plan; for harmony with surrounding uses and with long-range plans for the future development of Cedar Hill; for the promotion of the health, safety, order, efficiency, and economy of the city; and for the maintenance of property values and the general welfare.

Site plan review and evaluation by the planning and zoning administrator, or designee, shall be performed with respect to the following:

(1)

The site plan's compliance with all provisions of the zoning ordinance and other ordinances of the City of Cedar Hill including but not limited to off-street parking and loading, lighting, open space, and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration, or heat.

(2)

The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

(3)

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

(4)

The provision of a safe and efficient vehicular and pedestrian circulation system.

(5)

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.

(6)

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.

(7)

The coordination of streets so as to arrange a convenient system consistent with the thoroughfare plan of the City of Cedar Hill.

(8)

The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and to complement and integrate the design and location of buildings into the overall site design.

(9)

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

(10)

The location, size, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

(11)

Protection and conservation of soils from erosion by wind or water or from excavation or grading.

(12)

Protection and conservation of watercourses and areas subject to flooding.

(13)

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

(Ord. No. 2001-71, § 1, 7-21-01; Ord. No. 2005-250, § 3, 8-30-05)

(a)

The planning and zoning administrator (or designee) shall review and evaluate all site plan submissions, and shall make a recommendation to the planning and zoning commission to approve the site plan, to approve the site plan with conditions or stipulations, or to deny the site plan for certain reasons. The planning and zoning administrator, or designee, may prepare a written report/evaluation of the site plan/development application, which may include background information on the subject property, its zoning history, development and zoning patterns surrounding the site, discussion of any issues or concerns, and a staff recommendation as described above. The staff report/evaluation should be made available to members of the planning and zoning commission prior to the meeting date on which the application will be considered in order to allow time for review and for site visitation, if necessary.

(b)

Site plan consideration.

(1)

Planning and zoning commission.

a.

The planning and zoning administrator, or designee, shall schedule consideration of the site plan on the regular agenda of the planning and zoning commission within thirty (30) days after the submission is received (or, in the case of an incomplete submission, after the submission is deemed complete).

b.

By a simple majority of all members present and voting, the planning and zoning commission shall either recommend approval of the site plan, recommend approval of the site plan with conditions or stipulations, or recommend denial of the site plan.

c.

If the site plan is denied by the planning and zoning commission, that denial is final and the site plan will not be forwarded to the city council unless the applicant wishes to appeal to the city council.

i.

All requests for appeal must be made in writing to the planning and zoning administrator within thirty (30) calendar days following the commission's action. After the appeal is received, the planning and zoning administrator shall schedule the appeal on the city council's agenda within sixty (60) days following submission of the appeal.

(2)

City council.

a.

An application which is recommended by the planning and zoning commission for approval or approval with conditions will be forwarded to the city council at its next available meeting. City council will take into consideration the recommendation of the planning and zoning commission in making its decision.

b.

It shall take a minimum of four (4) votes to approve a site plan. The city council shall have final approval authority over the site plan and shall either approve the site plan, approve the site plan with conditions or stipulations, or deny the site plan. All denials made by the city council are final.

(c)

Lapse of site plan approval. Except as provided in section 23-3.19.10 (planned development site plan), if a building permit for a use subject to a site plan has not been issued within one (1) year of the date of final approval of the site plan by the planning and zoning commission (or the city council, if applicable), the site plan shall expire. Thereafter, a new site plan must be approved prior to development of the use under standards then in effect.

(Ord. No. 2009-377, § 1, 1-13-09)

(a)

Minor revisions/amendment. It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the planning and zoning administrator, or his designee, shall have the authority to approve minor modifications to an approved site plan (which shall be submitted as an "amended site plan" which substantially conforms to the previously approved site plan), provided that such modifications do not materially change traffic circulation, building location(s) on the site, proximity of building(s) to nearby residential areas, the size or height (i.e., enlarge) of building(s), or any other conditions specifically attached as part of the planning and zoning commission's or city council's approval of the site plan. Submission materials and requirements for approval of an amended site plan shall be as determined by the planning and zoning administrator, or his designee.

(b)

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 "revised site plan" must be resubmitted, reviewed by the planning and zoning administrator (or his designee), and reconsidered by the planning and zoning commission or city council in accordance with the procedures set forth in this section.