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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The determination that existing easements are adequately protected from encroachment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A Conditional Use Permit shall expire if:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Commission shall consist of nine (9) members.

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

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