(a)

Authority to amend ordinance.

(1)

Authority. 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 or the boundaries of the zoning districts specified on the zoning district map.

(2)

Ordering changes or amendments.

a.

The planning and zoning commission or city council may order the consideration of any changes or amendments to the zoning ordinance.

b.

Any zoning district boundary amendment (also referred to as a zoning map amendment) may be ordered for consideration by the:

1.

City council;

2.

Planning and zoning commission; or

3.

The owner of the real property (or the authorized representative of an owner of real property).

(3)

Planning and zoning commission recommendation required. In no case shall the city council act upon any zoning request prior to recommendation by the planning and zoning commission.

(4)

Zoning amendment application submittal.

a.

Each applicant for zoning or for an amendment or change to the existing provisions of this zoning ordinance shall submit a zoning application to the zoning administrator on or before a scheduled submission date and shall be accompanied by payment of the appropriate fee as established by the city.

b.

All applications received on a date other than an official submittal date shall be dated received on the next official submittal date.

c.

Applications must be complete for acceptance.

(5)

Additional considerations.

a.

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.

b.

In the event the ownership stated on an application and that shown on the city records are different, the applicant shall submit written proof of ownership.

c.

The advertisement of a zoning change or specific use permit shall be initiated by staff upon receipt of applicant's written response to staff's recommendation. The response shall indicate whether the applicant agrees or disagrees with the staff recommendation. Where the applicant disagrees with any portion of the recommendation, the applicant shall cite the reasons for the disagreement.

(6)

Zoning application details.

a.

To ensure the submission of adequate information, the zoning administrator is hereby empowered to maintain and distribute a list of specific requirements for zoning applications and update, modify such requirements as deemed necessary by the zoning administrator.

b.

Upon periodic review, the development services staff shall have the authority to update such requirements for zoning application details.

(b)

Zoning amendments process, public hearing and notice.

(1)

Zoning district change (zoning map amendment).

a.

One planning and zoning commission public hearing required. Prior to making its report to the city council, the planning and zoning commission shall hold at least one public hearing on each application.

b.

Written notice of the planning and zoning commission public hearing. Before the tenth calendar day before the hearing date before the planning and zoning commission, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of property within 200 feet of the property in which the change in classification is proposed. This notice is served by deposit in the United States Postal Service.

c.

Published notice of the city council public hearing. Notice of city council public hearing shall be given by publication in the official newspaper of the city, stating the time and place of such public hearing, a minimum of 15 calendar days prior to the date of the public hearing.

(2)

Zoning text amendment.

a.

Published notice prior to public hearing. Notice of public hearings on proposed changes in the text of the zoning ordinance shall be accomplished by one publication not less than 15 calendar days prior to both the planning and zoning commission and city council meetings thereto in the official newspaper of the city.

b.

Exemption. Changes in the ordinance text that do not change zoning district boundaries do not require written notification to individual property owners.

(c)

Failure to appear before the commission. The planning and zoning commission may deny a zoning application if the applicant or representative fails to appear at one or more hearings before the planning and zoning commission.

(d)

Planning and zoning commission consideration and report.

(1)

Planning and zoning commission vote. The planning and zoning commission, after the public hearing is closed, may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application.

(2)

Planning and zoning commission table. The planning and zoning commission may table for not more than 90 calendar days from the time it is posted on the agenda until it has had opportunity to consider other proposed changes which may have a direct bearing thereon.

(3)

Planning and zoning commission consideration. In making their determination, the planning and zoning commission shall consider, among other things, the following factors:

a.

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

b.

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

c.

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

d.

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

e.

How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also.

f.

The impact on the environment regarding the floodplain, riparian areas, topography, and vegetation.

g.

Whether the request is consistent with the comprehensive plan and other master plans.

h.

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

i.

Findings of a traffic impact analysis (TIA), if required.

(4)

Planning and zoning commission justification for denial. If the planning and zoning commission denies the zoning request, it may offer reasons to the applicant for the denial.

(e)

City council consideration.

(1)

Proposal recommended for approval by the commission.

a.

Every proposal which is recommended favorable by the planning and zoning commission shall be automatically forwarded to the city council for setting and holding of public hearing thereon.

b.

No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.

(2)

City council consideration and action.

a.

City council, after the public hearing is closed, may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application.

(3)

Three-fourths city council vote required for protested amendments.

a.

Documented protest requirements.

1.

Documented protest filing. Protests against proposed amendments shall be filed at least seven calendar days before the date of the public hearings.

b.

Documented protest participant requirements.

1.

Interior protester: The owners, duly signed and acknowledged, of 20 percent or more of the lots or land area included within a proposed amendment boundary may participate in a documented protest for a specific case.

2.

Exterior protester: The owners, duly signed and acknowledged, of 20 percent or more of the lots or land area within a 200-foot radius of the exterior boundary of the area included in a proposed amendment may participate in a documented protest for a specific case.

(4)

Documented protest effect. If a documented protest against a proposed amendment, supplement, or change to a zoning regulation or boundary has been filed with the zoning administrator, then such amendments shall not become effective except by the affirmative vote of three-fourths, or four votes of all members of the city council.

(5)

Denial by city council.

a.

The city council may deny any request with prejudice.

b.

If a request has been denied with prejudice, the same or similar request may not be resubmitted to the city for six months from the original date of denial.

(6)

Final approval and ordinance adoption.

a.

Approval of any zoning change or amendment by the city council at the scheduled public hearing shall constitute instruction to city staff to prepare the appropriate ordinance for final formal passage at a subsequent time.

b.

If finally approved by the required number of votes, the ordinance shall be executed by the mayor.

c.

The ordinance shall become effective from and after its adoption and publication as required by law.

(a)

Purpose and applicability.

(1)

Cases for which a variance may be granted. The board of adjustment may authorize, in specific cases, a variance of from the terms of a zoning ordinance for the following:

a.

Height;

b.

Yard;

c.

Lot area;

d.

Exterior structure;

e.

Lot coverage;

f.

Off-street parking; and

g.

Loading requirements.

(2)

Variance criteria. A variance may be granted only if the board finds that:

a.

The requested variance is not contrary to the public interest; and

b.

The requested variance does not violate the intent of the zoning ordinance, as amended; and

c.

The requested variance allows the spirit of the zoning ordinance to be observed and substantial justice done; and

d.

The requested variance would not cause injury to or restrict development on any other parcel of land; and

e.

The requested variance is not needed merely to promote economic gain or to prevent economic loss; and

f.

A literal enforcement of the zoning ordinance would result in an unnecessary hardship. An unnecessary hardship only exists when a variance is needed to permit development of a specific parcel of land that differs from other parcels of land by being of such a restrictive area, shape, or slope that it cannot be developed in a manner commensurate with the development upon other parcels of land with the same zoning; and

g.

The unnecessary hardship, if any, is neither self-created nor personal to the owner of the parcel of land.

(3)

Variance limitations.

a.

Completed action required before a variance. An application or request for a variance shall not be heard or granted with regard to any parcel of property or portion thereof upon which a preliminary site plan, site plan, preliminary plat or final plat, when required by the zoning ordinance or the subdivision ordinance for any parcel of property or portion thereof, has not been finally acted upon by both the planning and zoning commission and, where required, by the city council.

b.

Exhausted all other options. The administrative procedures and requirements of the zoning ordinance, and any amendments thereto, with regard to both the planning and zoning commission and city council consideration and action, on preliminary site plans, site plans, preliminary plats, and final plats, must be exhausted prior to requesting a variance.

(b)

Variance process, public hearing and notice.

(1)

Public hearing required.

a.

The board of adjustment shall hold a public hearing for each variance applicant and shall provide the notice and public hearing required by this chapter.

b.

At the public hearing, the board of adjustment shall consider public comments, the zoning administrator's recommendation, and other applicable information and shall approve, approve with conditions, or deny the variance application.

(2)

Written notice of the zoning board of adjustment public hearing.

a.

Before the tenth calendar day before the hearing date before the zoning board of adjustment, written notice of each public hearing before the zoning board of adjustment on a proposed variance shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of property within 200 feet of the property in which the change in classification is proposed. This notice is served by deposit in the United States Postal Service.

(3)

Published notice of the zoning board of adjustment hearing.

a.

Notice of a zoning board of adjustment public hearing shall be given by publication in the official newspaper of the city, stating the time and place of such public hearing, a minimum of 15 calendar days prior to the date of the public hearing.

(4)

Planning and zoning commission vote.

a.

Pursuant to V.T.C.A., Local Government Code § 211.009(c), the concurring vote of 75 percent of the members of the board of adjustment is necessary to grant a zoning variance.

(a)

Planned Development requirements.

(1)

Modified development requirements. Development requirements for each PD district shall be set forth in the amending ordinance granting the PD district and shall include, but may not be limited to standards listed in the following documents:

a.

Zoning ordinance;

b.

Subdivision ordinance;

c.

Construction design ordinance;

d.

Sign ordinance; and

e.

Other requirements as the city council and planning and zoning commission may deem appropriate.

(2)

Reference base zoning district. When referencing a base zoning district, the PD ordinance will not have to provide any of the references listed above unless they vary from the zoning district requirements.

(3)

Different standards list.

a.

All applications to the city for PD zoning shall list all requested standards differing from the normal requirements set forth throughout this chapter and related city development requirements.

b.

All applications without this list will be considered incomplete.

c.

The list shall be provided in the form of a comparison table that lists all current standards and the corresponding proposed standards for the PD district.

d.

The applicant shall provide written justification for the PD request and associated standards, including a statement of impact on public health, safety, and welfare.

(4)

Two PD types. Two types of PDs can be requested, an overlay PD and a freestanding PD, described below.

a.

Overlay PD district: In the overlay PD district, uses shall conform to the standards and regulations of the base zoning district.

1.

The particular zoning district must be stated in the granting ordinance.

b.

Freestanding PD district: In the freestanding PD district, any use may be allowed for any district that is listed in this chapter.

1.

All standards and uses shall be outlined within the granting ordinance and the PD shall be in conformance with the purpose and intent of the comprehensive plan.

2.

A base zoning district shall be assigned and stated within the granting ordinance at the time of city council approval of the ordinance.

3.

This base zoning district will be used when any specific regulations are not listed in the granting ordinance.

(5)

PD application materials submitted. An applicant for a PD district shall submit all materials required by this zoning ordinance.

a.

The zoning administrator shall send written notice, within 14 calendar days after the date the application is filed, to any applicant that has submitted incomplete materials stating the remaining documents or other information needed to make the application complete.

b.

The application for a PD district shall expire on the forty-fifth calendar day after the date the application was filed if the applicant fails to submit the remaining documents or other information needed to make the application complete on or before such forty-fifth calendar day.

c.

In addition, the applicant is encouraged to conduct a neighborhood meeting with area homeowners within the vicinity of the request prior to appearing before the planning and zoning commission. The applicant shall notify the zoning administrator of any scheduled neighborhood meetings at least seven calendar days prior the meeting.

(6)

PD district map (zoning exhibit "A"). The PD district map shall include all lands within the PD district and adjacent properties.

a.

The zoning administrator shall establish all dimensional requirements for PD district maps.

(7)

Development schedule. A development schedule may be requested by staff, the planning and zoning commission, or the city council at any time during the PD request process.

(8)

Conformity. The PD district standards shall conform to all other sections of this chapter unless specifically excluded or modified in the granting ordinance.

(9)

Minimum net acreage. The minimum net acreage for a PD request shall be two acres unless a specific finding is made by the city council that the establishment of the district is required to implement the Comprehensive Plan, a strategic focus area, a special project, or any other purpose.

(b)

Appropriate plans and standards for planned developments (zoning exhibits "B" and "C"). In establishing a PD district in accordance with this section, the city council shall approve and file as part of the amending ordinance appropriate plans and standards for each PD district, which shall be attached as zoning exhibit "B" to the PD ordinance.

(1)

Proposed standards. Zoning exhibit "B" shall outline the list of proposed standards for the PD.

(2)

Different standards for different tracts. If different standards will be applied to different tracts within the PD, then separate regulations for each tract shall be specified.

(3)

Additional requirements (zoning exhibit "C").

a.

If the proposed PD is amending uses only, nothing additional is required unless supplemental information is necessary to clarify the request.

b.

If the proposed PD amends any other standards, a zoning exhibit of the proposed PD will be required (which shall be attached as zoning exhibit "C" to the PD ordinance), unless otherwise determined by the zoning administrator.

c.

Zoning exhibit "C" shall facilitate understanding of the request during the review and public hearing process, and will serve as a guide for future development within the PD district.

d.

If required, the zoning exhibit "C" shall reflect the overall layout of the entire development.

e.

If the PD is nonresidential and/or mixed use in nature, the zoning exhibit "C" shall also include but not be limited to building dimensions and location, structure height, uses, parking specifications, floor area ratio and lot coverage, open space specifications, drainage features, landscaping and trees, floodplain/riparian details, and architectural style or elevations for illustrative purposes.

f.

The city may require further written documentation that describes and explains the exhibit "C" layout.

g.

The exhibit "C" shall in no way vest rights for the property that are outside the regulations of the zoning ordinance and other applicable city ordinances, as they currently exist or shall be amended.

(c)

Zoning map and PD list. All PD districts approved in accordance with the provisions of this chapter in its original form, or by subsequent amendments thereto, shall be referenced on the zoning district map, and a list of such Planned Development districts, together with the category of uses permitted therein, shall be listed and maintained by the city.

(c)

PD process, public hearing and notice. The procedure for establishing a Planned Development district shall follow the procedure for zoning amendments as set forth in section 82-33. This procedure is expanded for approval of conceptual and development plans as established in section 82-25(g).

(a)

Authorization. The city council, after public hearing and proper notice to all parties affected and after recommendation by the planning and zoning commission, may authorize the issuance of specific use permits for the uses indicated by an "S" in the zoning use chart located in section 82-28.

(b)

Special requirements. The planning and zoning commission in considering and determining its recommendations to the city council on any request for a specific use permit, may require from the applicant plans, information, function and characteristics of any building or use proposed. The city council may, in the interest of the public welfare and to assure compliance of the ordinance, establish conditions of operation, location, arrangement and construction of any specific use for which zoning is authorized. In authorizing the location of any of the uses listed as specific use permits, the city council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view, or other undesirable or hazardous conditions.

(c)

Application for specific use permit. Any person, firm or corporation, either as land owner or tenant, may request the use of property which requires a specific use permit. A specific use permit may be granted after application has been properly made and a public hearing before the planning and zoning commission and the city council has been conducted. The proposed use must comply with all regulations and restrictions as contained in the zoning ordinance, codes, regulations, and conditions of the City of Princeton, including, but not limited to the building code, the fire code, the plumbing code, and other applicable ordinances and codes. In addition all requests for a specific use permit must comply with all state and federal laws and regulations applicable to such use. The planning and zoning commission and/or city council may enforce additional restrictions or stipulations as the facts and circumstances of each case may warrant.

(d)

Removal for cause. A specific use permit may be removed from a parcel or tract of land when it is found that it has continued to operate in violation of the conditions as originally granted. No action will be initiated by the city without prior written notification of such violation to the user and/or owner of the property. If after written notification the use continues without being addressed by the user and/or owner, or without the user and/or owner providing the city with a plan to bring the specific use into compliance with the original conditions of the specific use permit, the city may schedule a public hearing, in accordance with state law regarding public notice for zoning changes. After a public hearing regarding the removal of the specific use permit, the city may remove the permit in accordance with the procedures as provided in this chapter.

(e)

SUP process, public hearing and notice. The procedure for the issuance of a specific use permit shall follow the procedure for zoning amendments as set forth in section 82-33. This procedure is expanded for site plan requirements as established in section 82-30.

(a)

Whenever it is alleged that there is an error by the zoning administrator in any determination or enforcement of the requirements of the zoning ordinance, an appeal for interpretation of the regulations or map designations may be filed with the development services department.

(b)

An application for appeal of administration decision by the zoning board of adjustment shall be in writing using forms provided by the city and shall be accompanied by a fee pursuant to the adopted fee schedule. The application shall include:

(1)

A statement by the applicant describing the way it is alleged the ordinance should be interpreted or enforced, together with diagrams and charts illustrating the error and the proper application of the map or text provisions of the ordinance; and

(2)

A statement by the zoning administrator giving the reasons for his interpretation or enforcement of the zoning ordinance.

(c)

The zoning board of adjustment shall hold a public hearing no later than 45 days after the date the application for action is filed. Notice of a public hearing shall be published in the city's official website ten days prior to the public hearing.

(d)

Before action on an appeal, the board shall consider:

(1)

The facts and statements filed in the application;

(2)

The testimony presented at the public hearing;

(3)

The staff's report on the appeal;

(4)

The board's independent investigation of the language of the ordinance and of related ordinances bearing thereon.

(e)

The board shall make such interpretation as ought to be made provided the applicant has demonstrated to the satisfaction of the board that one or more of the following conditions exist and that the decision of the board would be in the interest of the community and would carry out the spirit and intent of the zoning ordinance:

(1)

That there is reasonable doubt or difference of interpretation as to the specific intent of the regulations or map;

(2)

That an appeal of use provisions would clearly permit a use which is in character with the uses enumerated for the various zones and with the objectives of the zone in question; and

(3)

That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or use similarly situated.

(4)

In reaching its decision the board shall establish firm guidelines for future administrative actions on like matters.

(f)

The board shall render an interpretation of those provisions of the zoning ordinance where it is alleged that there is an error in any order, requirements, decision or determination made by an official in the administration of such provisions. In reaching its decision, the board shall establish firm guidelines for future administrative actions on like matters.

(1)

The facts filed with the application;

(2)

The testimony presented at the public hearing;

(3)

The staff's technical report on the application; and

(4)

The board's own knowledge of the facts and conditions relative to the application.

(a)

Zoning required prior to approval of plat. The city council shall not approve any plat of any subdivision within the city limits until the area covered by the proposed plat shall have been permanently zoned by the city council.

(b)

Annexation prior to approval of plat. The city council shall not approve any plat or subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the city is pending before the city council unless and until such annexation shall have been approved by resolution by the city council.

(c)

Contemporaneous action on zoning and annexation. In the event the city council holds a hearing on proposed annexation, it may, at its discretion, hold a contemporaneous hearing upon the permanent zoning that is to be applied to the area or tract to be annexed. The city council may, at its discretion, act contemporaneously on the matters of permanent zoning and annexation.

(a)

Uses in existence at time of adoption of ordinance. A nonconforming status shall exist when a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of the zoning ordinance.

(b)

Expansion of nonconforming use prohibited. No nonconforming use or structure may be expanded or increased beyond the lot or tract upon which such non-conforming use is located as of the effective date if this chapter expect to provide off-street loading or off-street parking space upon approval of the city council.

(c)

Repairs/normal maintenance on nonconforming uses permitted. Repairs and normal maintenance may be made to a non-conforming building provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.

(d)

Change of nonconforming to conforming use. Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.

(e)

Abandonment/discontinuation of nonconforming use. Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall thenceforth be in conformity with this chapter. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Discontinuance of a business or the vacancy of a building or premises occupied by a nonconforming use for a period of 90 days shall be construed as conclusive proof of intent to abandon the nonconforming use. Any nonconforming use not involving a permanent type of structure which is moved from the premises shall be considered to have been abandoned.

(f)

Accidental destruction of nonconforming use. If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, the elements, or otherwise, it may not be reconstructed or rebuilt except to conform with the provisions of the Princeton Zoning Ordinance unless the destruction amounts to less than 50 percent of its fair market value at the time of destruction. In the case of partial destruction of a nonconforming use not exceeding 60 percent of its reasonable value, reconstruction may be permitted after a hearing and favorable action by the board of adjustment, but the size and function of the non-conforming use shall not be expanded.

If the owner of a nonconforming use fails to begin reconstruction of the destroyed structure (when permitted to do so by the terms of the nonconforming uses section of the of the Princeton Zoning Ordinance) within six months of the date of destruction or approval by the board of adjustment, the nonconforming structure or use is deemed to be discontinued or abandoned.

(g)

Replacement of nonconforming HUD-Code manufactured home. Notwithstanding any of the provisions of this section, a nonconforming HUD-Code manufactured home may be exchanged or replaced by another HUD-Code manufactured home, provided the newly located residential unit is owner-occupied.

(a)

Organization and appointment. There is hereby created a planning and zoning commission which shall be organized, appointed, and function as follows:

(1)

Membership: The planning and zoning commission shall consist of five members who are residents of the City of Princeton, each to be appointed by the city council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. Appointees shall fill positions which shall be designated by place numbers (e.g., place 1, place 2, etc.). Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause in the same manner as the original appointment was made.

(2)

Terms: The terms of members filling places 1, 3, and 5 shall expire on December first of each odd-numbered year and the terms of members filling places 2 and 4 expired on December first of each even-numbered year. Commission members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms, but no members shall be appointed for a term in excess of two years. Newly appointed members shall be installed at the first regular commission meeting after their appointment.

(3)

Organization: The commission shall meet regularly and shall designate the time and place of its meetings. The commission shall keep a record of its proceedings consistent when the provisions of this chapter and the requirements of law. The planning and zoning commission shall elect a chairman from its own membership at its annual organizational meeting. All commission policies and rules of procedure are adopted by the city council.

(4)

Quorum and compensation: A quorum for the conduct of business shall consist of three members and/or alternate members of commission. The members shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.

(b)

Duties and authority. The planning and zoning commission is hereby charged with the duty and invested with the authority to:

(1)

Formulate and recommend to the city council for its adoption a city plan for the orderly growth and development of the city and its environs and from time to time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the city.

(2)

Formulate a zoning plan as may be deemed best to carry out the goals of the city plan; hold public hearings and make recommendations to the city council relating to the creation, amendment, and implementation of zoning regulations and districts as authorized under state law.

(3)

Exercise all powers of a commission as to approval or disapproval of plans, plats, or replats as authorized under state law.

(4)

Study and recommend the location, extension, and planning of public rights-of-way, parks, or other public places, and on the vacating or closing of same.

(5)

Study and make recommendations regarding the general design and location of public buildings, bridges, viaducts, street fixtures, and other structures and appurtenances.

(6)

Initiate, in the name of the city, proposals for the opening, vacating, or closing of public rights-of-way, parks, or other public places and for the change of zoning district boundaries on the area-wide basis.

(7)

Formulate and recommend to the city council for its adoption policies and regulations consistent with the adopted city plan governing the location and/or operation of utilities, public facilities, and services owned or under the control of the city.

(8)

Submit each October, a progress report to the city council summarizing its planning activities for the past year and a proposed work program for future planning in the coming year.

(a)

Creation, membership, and procedures.

(1)

Zoning board of adjustment established: A zoning board of adjustment is hereby reestablished in accordance with the provisions of V.T.C.A., Local Government Code § 211.008, as amended, regarding the zoning of cities and with the powers and duties as provided in said code.

(2)

Membership: The zoning board of adjustment shall consist of five members, each to be appointed by the city council for a term of two years and removable for cause by the appointment authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Three members shall serve until December first of odd-numbered years, as heretofore appointed, and two members, as even-numbered years, and thereafter, each member reappointed shall serve for a full term of two years unless removed as hereinabove provided. In the absence of appointed zoning board of adjustment members, the city council may serve as the zoning board of adjustment, if permitted by city ordinance.

(3)

Hearings: The hearings of the board shall be public. The board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any permit is pending, and shall also hear any other parties in interest. All hearings are to be heard by at least four members of the board.

(4)

Meetings: Regular meetings of the board shall be held at such times as the board may determine. Special meetings of the board shall be held at the call of the chairman or at the written request of two regular members of the board, said request to be submitted to the chairman.

(5)

Rules and regulations: The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such vote, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city secretary and shall be public record. The board shall act by resolution in which a quorum must concur. The board shall act by resolution in which four members must concur. The board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of the ordinance, and shall furnish a copy of the same to the zoning administrator and the building official, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.

(b)

Powers and duties of board.

(1)

Appeals based on error: Whenever it is alleged that there is an error by the an administrative official of the city in any determination or enforcement of the requirements of the zoning ordinance, an appeal for interpretation of the regulations or map designations may be filed with the development services director, city manager, or their designated representative. The board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision, or determination made by an administrative official of the city of the enforcement of this chapter.

(2)

Special exceptions: The board shall have the power to hear and decide special exceptions to the terms of this chapter upon which the board is required to pass as follows:

a.

Permit the erection and use a building or the use of premises for railroads if such uses are in general conformity with the master plan and present no conflict or nuisance to adjacent properties.

b.

Permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.

c.

Grant a permit for the extension of a use, height, or area regulation into an adjoining district where the boundary line of the district divides a lot in a single ownership on the effective date of this chapter.

d.

Permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 60 percent of its fair market value, where the board finds some compelling reason to permit a continuance of the nonconforming use, taking into consideration the property owner's circumstances and the effect on surrounding properties.

e.

Waive or reduce the parking and loading requirements of any of the districts, whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

f.

Determine whether an industry should be permitted within the M-1—Light Industrial district and M2—Heavy Industrial district because the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.

g.

Rule on all applications on sitting of manufactured homes in districts not so zoned. Approval shall only be allowed in cases of extreme hardship under guidelines established by the board.

(3)

Limitation on reapplications: When the board has denied a proposal, no new applications of similar nature shall be accepted by the board or scheduled for 12 months after the date of board denial. Applications which have been withdrawn at or before the board meeting may be resubmitted at any time for hearing before the board.

(4)

Vote of four members required: The concurring vote of four members of the board is necessary to:

a.

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

b.

Decide in favor of an applicant on a matter on which the board is required to pass; or

c.

Authorize a variation from the terms of a zoning ordinance.

(c)

Appeals.

(1)

Procedure: Appeals may be taken to and before the zoning board of adjustment by any person aggrieved, or by any officer, department, board, or bureau in the city. Such appeal shall be made by filing in the office of the city secretary a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board all of the papers constituting the record from which the action appealed was taken.

(2)

Stay of proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the zoning board of adjustment that, by reason of facts in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted or by a court of equity, after notice to the office from whom the appeal was taken.

(3)

Notice of hearing on appeal: The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board to be affected thereby, such owners and persons being determined according to the current tax rolls of the city. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.

(d)

Variances. The board shall have the power to authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done, including the following:

(1)

Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of the provisions due to an irregular shape of the lot or topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.

(2)

Authorize, upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the construction or alteration of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this chapter as are in harmony with its own general purpose and intent, but only when the board is satisfied that granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the comprehensive plan as established by this chapter and at the same time, the surrounding property will be properly protected.

(3)

The board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision, or determination made by the building inspector in the enforcement of this chapter. Except as otherwise provided herein, the board shall have, in addition, the following specific powers:

a.

To permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with the master plan and present no conflict or nuisance to adjacent properties.

b.

To permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.

c.

To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this chapter.

d.

To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 50 percent of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use.

e.

To waive or reduce the parking and loading requirements in any of the districts, when (i) the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities; or (ii) when such regulations would impose an unreasonable hardship upon the use of the lot. The board shall not waive or reduce such requirements merely for the purpose of granting an advantage or a convenience.

(4)

A written application for variance shall be submitted together with the required fee, accompanied by an accurate legal description, maps, site plans, drawings, and any necessary data, demonstrating:

a.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district;

b.

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

c.

That the special conditions and circumstances do not result from the actions of the applicant;

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district; and

e.

No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

(e)

Changes. The board shall have no authority to change any provisions of this chapter and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. The board may not change the district designation of any land either to a more or less restrictive zone.

It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the board only on appeal from the decision of the building official and that recourse from the decisions of the zoning board of adjustment shall be to the courts as provided by the laws of the State of Texas.

(a)

General rules of construction. The following rules of construction shall apply to the interpretation of words used in this chapter:

(1)

Words used in the present tense include the future tense;

(2)

Words used in the singular number include the plural number;

(3)

Words in the plural number include the singular number;

(4)

The words "building" and "structure" are synonymous;

(5)

The words "lot", "plot", and "tract" are synonymous; and

(6)

The word "shall" is mandatory and not discretionary.

(b)

Special definitions. Except to the extent a particular provision specifies otherwise, the following definitions shall apply throughout this chapter:

Abutting property means property abutting upon a street shall also be understood as abutting property on the other side of the street.

Accessory use or building means a building or structure subordinate to and functionally related to the primary building or use. Any structure, either attached or detached from the main dwelling, the use of which is incidental to that of the main structure and located on the same lot. Accessory structures include, but are not limited to patio covers, arbors, gazebos, cabanas, outdoor kitchens and/or recreational fire enclosures, trellis, buildings, structures/sheds or the like. A permit is required for all accessory structures. Also, referred to as accessory structure.

Adjacent shall mean "next to" or "closest to" but shall not necessarily mean "touching."

Advertising sign or structure means any cloth, card, paper, metal, glass, wooden, plastic, plaster or stone sign or other sign, device or structure of any character whatsoever, including a statuary or place for outdoor advertising purposes on the ground or any tree, wall, bush, rock, post, fence, building or structure. The term placed shall include erecting, constructing, posting, painting, printing, tacking, mailing, gluing, sticking, carving, or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure shall be determined as the area of the largest cross-section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties shall be construed as advertising signs for the purpose of this chapter.

Alley means a public space or thoroughfare which affords only secondary means of access to property abutting thereon, which has been deeded or dedicated to the public for public use.

Amateur radio antenna means any antenna which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission.

Antenna means any exterior transmitting or receiving device mounted on or within a support structure, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, television signals, or other communications signals.

Antenna/microwave reflector means an apparatus constructed of solid, mesh, or perforated materials of any configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. This definition is meant to include but is not limited to what are commonly referred to as satellites which receive only earth stations.

Antenna—Radio or television means any exterior transmitting or receiving device mounted on or within a support structure, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, television signals, or other communications signals.

Antenna support structure means the transmitting or receiving system, its supporting structures and any appurtenances mounted thereon, including a free-standing structure built specifically to support or act as an antenna or a structure mounted on some other manmade object such as a building or bridge.

Apartment means a room or suite of rooms in a multifamily dwelling or apartment house designed or occupied as a place of residence by a single family, individual, or group of individuals.

Apartment house means any building or portion thereof, which is designed, built, rented, leased, or let to be occupied as a home or place of residence by three or more families living in independent dwelling units.

Area of the lot or building site means the area shall be the net area of the lot or site and shall not include portions of streets and alleys.

Automobile means a four-wheeled, self-propelled vehicle designed for passenger transportation and commonly propelled by an internal combustion engine.

Basement means a building story which is partly underground. A basement shall be counted as a story in computing building height if at least one-half of its height is above the average level of the adjoining ground prior to berming, using measurements taken at each corner of the building which meets the ground.

Block means an area enclosed by streets and occupied by or intended for buildings; where this word is used a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on said side.

Board of adjustment means the Zoning Board of Adjustment of City of Princeton.

Buildable area means the allowable area available to construct a building or structure after complying with the city's applicable set back and maximum lot coverage requirements.

Buildable width means the width of the building site left to be built upon after the required side yards are provided.

Building means any structure built for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.

Building, detached means a building surrounded by yard or open space on the same building lot.

Building ends means those sides of a building having the least dimension as compared to the front or rear of a building. As used in the building pace regulations for multiple-family dwelling, the term "building end" shall mean the narrowest side of a building regardless of whether it front upon a street, faces the rear of the lot or adjoins the side lot line or another building.

Building, front of means the side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.

Building inspector or certified code enforcement official means the building official or person charged with the enforcement of the zoning, building codes, and other ordinances of the city.

Building line means a line parallel or approximately parallel to the front lot line at a specific distance therefore, marking the minimum distance from the front lot line that a building may be erected.

Building lot means a single tract of land located within a single block which (at time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control. It shall front upon a street or approved place. Therefore, a "building lot" may not be coincided with a lot of record. A "building lot" may be subsequently subdivided into two or more "building lots," and a number of "building lots" may be cumulated into one "building lot," subject to the provisions of this chapter.

Building, main or primary means a building in which the principal use of the lot on which it is situated is conducted.

Building official means the building inspector or his/her designee.

Canopy means any structure of a permanent fixed nature attached to or independent of the main structure, built and designed for the purpose of shielding from the elements, persons, or chattels or a roof-like structure of a permanent nature which is supported by or projects from the wall of a structure.

Car wash. Facility or structure used to wash motorcycles, automobiles and light load vehicles.

Cellar means a building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.

Certificate of occupancy and compliance means an official certificate issued by the city through the enforcing official indicating conformance with or approved conditional waiver from the zoning regulations and authorizing legal use of the premises for which it is issued; may be referred to as the occupancy permit.

Contiguous shall mean "touching" or "in contact."

Court means an open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard, or other permanent space.

Coverage means the percent of a lot or tract covered by the roof or first floor of a building.

Depth of lot means the mean horizontal distance between the front and rear lot lines.

Depth of rear yard means the mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line except as modified in the text of any section in this chapter.

Disabled individual means a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who is regarded as having that type of impairment, or a persona who has a record of that type of impairment. The term "disabled" includes persons recovering from addiction, but such term does not include current, illegal use of, or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802).

District means a section of the city for which the regulations governing the area, height, or use of the land and buildings are uniform.

Duplex means a building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof.

Dwelling unit means a building or portion thereof which is arranged, occupied, or intended to be occupied as living quarters of a family and including facilities for food preparation, sleeping, and sanitation.

Electrical substation means a subsidiary station in which electric current is transformed.

Family means an individual or group of two or more persons related by blood, marriage, adoption, or guardianship including foster children, exchange students, and servants together with not more than two additional persons not related by blood, marriage, or adoption to the previously identified individual or group, living together as a single housekeeping unit in a dwelling unit or a family home for the disabled as defined by the Community Homes for Disabled Persons Location Act, Article 1011n of V.A.C.S., as it presently exists or may be amended in the future, but not including household care or rehabilitation care facilities.

or

One or more persons related by blood, marriage, or adoption, or a group not to exceed four persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit and living as a single housekeeping unit.

Flag lot means a squarish parcel of land that is accessible only by a very long narrow strip leading from a main road or street.

Floodplain means an area of land subject to inundation by a one-percent chance flood, as shown on the floodplain map of the City of Princeton. The term "floodplain" is interchangeable with the term "flood hazard area."

Floor area means the total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports, garages, or porches.

Floor area ratio means the ratio floor area of a main building or buildings on a lot divided by the lot area.

Front yard. See "Yard, front."

Garage means a structure designed specifically for the enclosed parking of motorized vehicles.

Garage sale means the sale of items normally accumulated by a household subject to compliance with each of the following conditions:

(1)

No more than two garage sales shall be allowed for the same location within one year from January 1 to December 31. The duration of the garage sale shall not exceed 96 hours from dawn to dusk Thursday through Sunday.

(2)

Retail merchandise is not to be sold for the benefit of a commercial retail establishment.

(3)

Two signs may be placed on the garage sale property.

(4)

Four signs may be placed on private property with the permission of the property owner.

(5)

Signs are not allowed on public right-of-way.

(6)

Signs are not allowed in any sight visibility triangle.

(7)

Signs are not allowed on utility poles.

(8)

Signs are not allowed on official signs or trees.

(9)

Signs are to be removed before 8:00 a.m. the next day after the garage sale.

Gross floor area means the gross floor area of a building shall be measured by taking outside dimensions of the building at each floor level.

Heavy load vehicle (HLV) means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) of greater than 11,000 pounds, such as large recreational vehicles, tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "heavy load vehicle" unless specifically stated otherwise.

Height means the vertical distance of a building measured from the average established grade as measured at the corners of the building prior to berming, to (1) the highest point of the roof's surface if a flat surface, (2) to the deck line of mansard roofs, or (3) to the highest point of the ridge for hip and gable roofs and, in any event, including chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, antennas, ornamental cupolas, domes or spires, and parapet walls.

Home occupations means any activity carried out for gain by a resident which results in the manufacture or provision of goods and/or services and is conducted as an accessory use in a dwelling unit.

Household means a domestic unit that resides in and shares in common a single dwelling unit and consists of one or more individuals related by blood, marriage, adoption or recognized legal union or guardianship, and not more than four adult unrelated individuals, plus any minor children, or persons residing in a household care facility.

Industrialized housing means a residential structure designed for use and occupancy by one or more families, constructed in one or more modular components built at a location other than the permanent residential site, designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term shall not mean or apply to (a) housing constructed of sectional or penalized systems not utilizing modular components; or (b) any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.

Landscape screen means plant material of the evergreen variety, a minimum of six feet in height at the time of installation and planted on four-foot centers. All such landscape screens shall be permanently maintained. Adequate facilities shall be provided for permanent watering at the time of installation.

Light load vehicles (LLV) means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight not greater than 11,000 pounds, and having no more than two axles, such as pick-up trucks and vans, but excluding recreational vehicles, campers, and vehicles designed for commercial hauling or for the moving of home furnishings and similar articles.

Living unit means the room or rooms occupied by a family and which includes cooking facilities.

Loading space means an off-street space or berth and/or an associated building opening used for the loading or unloading of vehicles.

Lot means an undivided tract or parcel of land under one ownership having frontage upon a public street or officially approved place, either occupied or to be occupied by a building or building group, together with accessory buildings, and used together with such yards and other open spaces as are required by this chapter, which parcel of land is designated as a separate and distinct tract and is identified by a tract or lot number or symbol in a duly approved subdivision plat of record.

Lot area means the net horizontal area of the lot excluding portions of streets and alleys and easements for streets and alleys.

Lot, corner means a lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the building inspector or his/her designee.

Lot coverage means the percentage of the total area of a lot occupied by the base (first story or floor) of a building located on the lot.

Lot depth means the horizontal distance measured perpendicularly between two points on the front lot line and two points on the rear lot line which creates an area that meets the zoning district's minimum width and depth requirements. Lot depth shall not include easements which impair the use of the lot surface as a yard.

Lot, double frontage means a lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.

Lot—Flag or panhandle means a lot having access to a street by means of a parcel of land having a depth greater than its frontage and having a width less than the minimum required lot width but not less than 12 feet.

Lot—Interior means a lot other than a corner lot.

Lot—Key means a corner lot that is so designed that the lots located directly behind it face the side street of the corner lot and are not separated by an alley shall be considered a key lot.

Lot line, front means the narrower side of the lot abutting a street. Where two lot lines abutting streets are of equal length, the owner shall have a choice in designating which shall be the lot frontage. For a lot which has a boundary line which does not abut the front street line, is not a rear lot line, and lies along the same general directional orientation as the front and rear lot lines, said line shall be considered a front lot line in establishing minimum setback lines.

Lot line, rear means that boundary of a building lot which is most distant from the front lot line. For triangular lots, the point opposite the front lot line shall be considered the rear lot line and have a value of zero.

Lot line, side means that boundary of a building lot which is not a front lot line or a rear lot line.

Lot lines mean the line bounding a lot as defined herein.

Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the office of the county clerk of Collin County; or a parcel of land the deed for which is recorded in the office of the county clerk of Collin County prior to the adoption of this chapter.

Lot or building site means land occupied or to be occupied by a building and its accessory building, and including such open spaces as are required under this chapter, and having its principal frontage upon a public street or officially approved place.

Lot—Through means a residential lot other than a corner lot abutting more than one street and having access to more than one street. Through lots are prohibited by this chapter.

Lot width means the horizontal distance measured between side lot lines parallel to the front lot line and measured from the point on the building line which is closest to the front lot line.

Main building. See "Building, main or primary."

Manufactured home (HUD Code) park means any tract of land, under single ownership, of not less than two acres and not more than ten acres, approved for occupancy by manufactured housing and accessory structures related thereto and designed and operated in accordance with standards herein set forth or as set forth in any other ordinance of the City of Princeton relating to the location, use, construction, operation, or maintenance of manufactured housing.

Manufactured home (HUD Code) subdivision means a tract of land of not less than ten acres to be used as a location primarily for owner-occupied HUD Code manufactured homes and which has been final platted of record in its entirety in accordance with the City of Princeton Subdivision Regulations and in accordance with section 82-31 of this chapter.

Manufactured modular homes "modular home" means a structure or building module as defined by statute and under the jurisdiction and control of the Texas Department of Labor and Standards, installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term does not include a mobile home as defined by statute; nor does it include building modules incorporating concrete or masonry as the primary structural component.

Manufacturing processes means uses restricted from other zoning districts but permitted in the M-1 and M-2 districts under this definition are manufacturing and industrial uses which do not emit dust, smoke, odor, gas, fumes, or present a possible hazard beyond the bounding property lines of the lot or tract upon which the use or uses are located, and which do not generate noise or vibration at the boundary of the lot or tract which is generally perceptible in frequency or pressure above the ambivalent level of noise or vibration in the adjacent area.

Mobile home park. See "Manufactured home (HUD Code) park."

Mobile home subdivision. See "Manufactured home (HUD Code) subdivision."

Monopole means a self-supporting, tubular-shaped antenna support structure which consists of a single vertical pole fixed into the ground and/or attached to a foundation.

Nonconforming building or use means a building, structure, or use of land lawfully occupied at the time of the effective date of this chapter or amendments thereto, and which does not conform to the use regulations of the district in which it is located.

Occupancy means the use or intended use of the land or buildings by proprietors or tenants.

Off-street parking incidental to main use means off-street parking spaces provided in accordance with the requirements specified by this chapter and located on the lot or tract occupied by the main use or within 200 feet of such lot or tract and located within the same zoning district as the main use or in an adjacent parking district.

Off-street parking space means an area for the temporary storage of an automobile which shall be permanently reserved for such purpose and which shall not be within or on any public street, alley, or other right-of-way. (See section 82-32 for detailed descriptions and regulations.)

Officially approved place of access means access, other than a dedicated street, to a property, which is approved by the city.

Open space means area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches, and plant material. Also see "Usable open space."

Open storage or outside display means the storage of any equipment, machinery, commodities, raw, semi-finished materials, and building materials, not accessory to a residential use, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level, for more than 24 hours.

Park/playground means a recreation facility, recreation center, or park owned or operated by a public agency such as a city or school district and available to the general public.

Parking garage. See "Garage."

Parking space means an all-weather surfaced area used for parking a vehicle, not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street, permitting free ingress and egress without encroachment on the street.

Planning and zoning commission means the duly appointed planning and zoning commission of the City of Princeton.

Plat means a plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Princeton and subject to approval by the planning and zoning commission and filed in the Plat Records of Collin County.

Plot means a single unit or parcel of land, or a parcel of land that can be identified and referenced to a recorded plat or map.

Premises means any parcel of real property together with all buildings or structures thereon.

Principal building. Same as "Building, main or primary."

Private garage means an accessory building housing vehicles owned and used by occupants of the main building.

Private street means a private vehicular access way shared by and serving two or more lots, which is not dedicated to the public and is not publicly maintained. Private streets and alleys may be established only under the terms of the subdivision ordinance. The term "private street" shall be inclusive of alleys.

Public/semi-public uses means any uses that are educational, governmental or institutional in nature.

Radio, television, and microwave towers means structures supporting antenna for transmitting or receiving any portion of the radio spectrum by excluding non-commercial antenna installations for home use of radio or television.

Recreational vehicle (RV) means a portable vehicle designed for temporary or short-term occupancy and primarily intended for travel, recreational, and vacation usage. Recreation vehicles include, but are not limited to, boats and other recreation vehicle (RV) marine vehicles, travel and tent trailers, pickup campers and shells, motorized travel units (motor homes), converted buses, and similar vehicles used for temporary portable housing or recreational use.

Religious facility means a building used primarily for religious assembly and worship and those accessory activities which are customarily associated therewith, and the place of residence for religious personnel on the premises.

Residence. Same as dwelling; when used with district, an area of residential regulations.

Residential district means any zoning district included in this chapter in which residential use constitutes the primary permitted use classification, including the SF-E, SF-1, SF-2, MF, MH-1, and MH-2 district classification.

Room means a building or portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters, but not including toilet or cooking facilities.

Screening device. See "Landscape screen."

Setback means the minimum horizontal distance between the foundation front wall of any projection of the building, excluding steps and unenclosed porch and the property line.

Sign means an outdoor advertising device that is a structure, or that is attached to or painted on a building, or that is leaned against a structure for display on premises.

Single-family dwelling—Attached. See "Dwelling—Single-family, attached."

Single-family dwelling—Detached. See "Dwelling—Single-family, detached."

Site plan means a detailed line drawing, to scale, showing scale used, north arrow, date and title of project, clearly describing the project and knowing the following information:

(1)

Property lines, location, and widths of all streets, alleys, and easements.

(2)

Proper dimensions on all fundamental features such as lots, buildings, parking spaces, and landscaped areas.

(3)

The location of setback lines, driveway openings and sidewalks.

(4)

All proposed buildings, freestanding sign locations, parking areas, and open spaces.

(5)

All required landscaping, together with a description of type of material to be used.

(6)

A cross-section of any required or proposed screening.

(7)

Total square footage of the development lot; total square footage of proposed structures; total footage of landscaped areas; total percentage of coverage; density of floor area ratio where applicable; height of all structures; number of parking spaces; square footage and design features of all signs; and solid waste collection facilities.

(8)

Name, address, and telephone number of the proponent.

Story means the height between the successive floors of a building from the top floor to the roof. The standard height for a story is 11 feet, six inches.

Street means any thoroughfare or public driveway, other than an alley, more than 30 feet in width, which has been dedicated or deeded to the public or public use.

Street line means a dividing line between a lot, tract or parcel of land and a contiguous street; the right-of-way. A street line is the same as a front property line or right-of-way line.

Street, local or residential means a street designed to serve properties abutting and in the immediate vicinity of the street, having a minimum right-of-way width of 50 feet in single-family residential districts and 75 feet in all other districts.

Street, major means a street designed to serve the entire community or substantial portions of the community, as well as traffic of non-local origin and destination, having a minimum right-of-way width of 100 feet.

Street, secondary or collector means a street designed to serve an area roughly one-quarter-mile distance from each side of the street, having minimum right-of-way width of 75 feet.

Structural alterations means any change in the supporting member of a building, such as a bearing wall, column, beams or girders.

Structure means a combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.

Swimming pool (private) means a swimming pool constructed for the exclusive use of the residents of a single-family, two-family or apartment dwelling and located within the required side or rear yards; however, a pool shall not be located closer than eight feet to any property line.

Tennis court (private) means a surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for night play in residential areas except as may be otherwise provided or restricted by the specific use permit.

Thoroughfare. (Same as "Street.")

Tract means an area, parcel, site, piece of land, or property which is the subject of a zoning or development application.

Travel trailer means a mobile vehicle designed and used as a temporary place of dwelling and of such size and design as to be subject to licensing for towing on the highway by a passenger motor vehicle or other prime mover, and not requiring a special permit for moving on the highways as contrasted to a mobile home.

Truck means a heavy load vehicle.

Two-family dwelling means a building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof.

Usable open space means an open area which is designed and intended to be used for outdoor living and/or recreation. An area of common usable open space shall have a slope not exceeding ten percent, shall have no dimension of less than ten feet, and may include landscaping, walks, water features and decorative objects. Usable open space shall not include rooftops, accessory buildings, parking areas, driveways, turn-around areas, or right-of-way or easement for streets or alleys.

Variance means an adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.

Wholesale means the sale of goods, merchandise, services and/or commodities for resale by the purchaser and does not offer retail sales to the general public.

Window, bay means a multipanel, polygonal, or curved window projecting out from an opening in the exterior wall plane that does not increase the floor area of a building. The bottom of the bay window opening must be a minimum of two feet in height above the finished floor. A bay window may be supported by corbels or brackets.

Window, box means a polygonal or curved window projecting out from an opening in the exterior wall plane that increases the floor area of a building. A box window typically is supported by an extension of the building foundation or a cantilevered extension of floor joists.

Wire antenna means a flexible filament, cable, or wire designed to function as an antenna.

Yard means an open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point 40 inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and plant material.

Yard, front means an open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line, with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located.

Yard, rear means an open, unoccupied space on a lot, except for accessory buildings as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line. The rear yard shall be at the opposite end of the lot from the front yard.

Yard, side means an open, unoccupied space or spaces on one or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot lines not the rear line or front line shall be deemed a sideline.

Zoning application means a request to consider an ordinance establishing or changing a zoning district, including but not limited to an ordinance establishing or amending a planned development district or specific use permit.

Zoning district map means the official certified map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the zoning ordinance.

Zoning envelope means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations and yard setbacks.

Zoning ordinance means this chapter containing land use regulations for the City of Princeton.

(Ord. No. 2018-12-10-01, § 2, 12-10-2018)

(a)

General requirements. No permanent structure may be constructed or otherwise located within the city limits prior to issuance of a building permit by the building inspector or his/her designee. No permanent structure constructed or otherwise located within the city limits may be occupied prior to issuance of a certificate of occupancy by the building inspector or his/her designee. No change in the existing conforming use of a permanent structure, or of land to a use of a different classification under this chapter, and no change in the legally conforming use of a permanent structure or of land may take place prior to issuance of a certificate of occupancy by the building inspector or his/her designee.

(b)

Procedure for new or altered buildings. Plans for any permanent structure to be constructed or otherwise located within the city limits must be approved by the building official or his/her designee who, upon approval, shall issue a building permit. A complete application for a building permit shall contain details of foundation and structure sufficient to determine compliance with applicable provisions of the building code. Upon submission of a complete application, the building official or his/her designee shall issue a building permit. After issuance of a building permit and prior to issuance of a certificate of occupancy, the building official or his/her designee shall conduct a foundation, plumbing, electrical and framing inspection, including any other inspections deemed necessary by the building official. After such inspections, the building official or his/her designee shall issue a certificate of occupancy if the plans and the results of the inspection comply with the provisions of all applicable ordinances and regulations.

(a)

Declaration of policy. The city declares the enactment of these regulations governing the use and development of land, buildings, and structures to be 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:

(1)

To correct any error in the regulations or map.

(2)

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

(3)

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

(b)

Authority to amend ordinance. The city council may from time to time, after public hearings required by law, amend, supplement, or change the regulations herein provided or the classification or boundaries of the zoning districts. Any amendment, supplement, or change to the text of the zoning ordinance and/or the zoning map any change in the classification or boundaries of the zoning districts may be ordered for consideration by the city council, may be initiated by the planning and zoning commission, the city council, or may be requested by the owner of the affected real property or the authorized representative of an owner of affected real property.

(c)

Public hearing and notice.

(1)

Upon filing of an application for an amendment to the zoning ordinance and map, the planning and zoning commission and city council shall hold a public hearing on said application.

(2)

Before the tenth day before the hearing date, written notice of each public hearing before the zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. If the property within 200 feet of the property on which the change is proposed is located in territory annexed to the municipality and is not included on the most recently approved municipal tax roll, their notice shall be given in the manner provided in in V.T.C.A., Local Government Code § 211.006, by the required posting in the newspaper.

Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, notice to such owners shall be given by one publication in the official newspaper at least 15 days before the time of the hearing. Also, the city secretary shall have the property, lot or tract posted with a sign at least 18 inches by 24 inches in size which shall state "Zoning change Requested for information call City Hall" and the telephone number shall be listed. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken.

(3)

If, at the conclusion of the hearing, the planning and zoning commission recommends amendment of this chapter to the city council, said recommendation shall be by resolution of the planning and zoning commission carried by the affirmative votes of not less than a majority of its total membership present and voting. A copy of any recommended amendment shall be submitted to the city council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.

(4)

If, after public hearing, the planning and zoning commission recommends denial of an application, the applicant may appeal said determination the city council by filing a written notice of appeal with the city secretary within ten days after the determination of the planning and zoning commission.

(5)

The planning and zoning commission may recommend denial of an application with or without prejudice against the applicant to refile the application. If the commission recommends denial of the application and fails to clearly state the same is being denied with prejudice, then it shall be deemed that said application is being recommended for denial without prejudice against refilling. If it is later determined by the commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given agricultural zoning is exempt from the one-year waiting period.

(d)

Action of the planning and zoning commission.

(1)

If, at the conclusion of the hearing, the planning and zoning commission recommends amendment of this chapter to the city council, said recommendation shall be by resolution of the planning and zoning commission carried by the affirmative votes of not less than a majority of its total membership present and voting. A copy of any recommended amendment shall be submitted to the city council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.

(2)

If the planning and zoning commission has recommended to the city council that a proposed amendment be disapproved, the city council may refuse to adopt the amendment by a simple majority vote of the city council present and voting. However, in order to adopt the amendment which has been recommended for disapproval by the planning and zoning commission, the amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council of the City of Princeton present and voting.

(3)

When the planning and zoning commission has recommended to the city council that a proposed amendment be approved, the city council may disapprove the petition or application for amendment by a simple majority vote of the city council present and voting. In the event of a tie vote of the city council present and voting, the mayor may cast the deciding vote.

(4)

In the case of a protest against an amendment to the ordinance signed by the owners of 20 percent or more either of the area of the lots or land immediately adjoining the area included in the proposed change and extending 200 feet from that area, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council of the City of Princeton

(5)

In making its determination, the city council shall consider the following factors:

a.

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

b.

Whether the proposed change is in accordance 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.

c.

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

d.

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

e.

The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified.

f.

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

(6)

In considering a motion to deny a zoning application, or upon voting to deny a zoning application, the city council shall further consider whether said application shall be denied with or without prejudice against refilling. If the city council shall deny the application and fail to clearly state the same is being denied with prejudice, then it shall be deemed that said application is being denied without prejudice against refilling. If any application is denied with prejudice, no application may be filed for all or part of the subject tract of land for a period of one year from the date of denial by the city council. If it is determined by the planning and zoning commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself it may waive the waiting period and grant a new hearing. Newly annexed land which has been given agricultural zoning is exempt from the one-year waiting period.

(e)

Effect of denial of petition. In case the application for an amendment to the zoning ordinance is denied by the city council, said application shall not be eligible for reconsideration for one-year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the planning and zoning commission, to be eligible for consideration within one year of the denial of the original application.

In the event of a reapplication affecting the same land is for a zone that will permit the same use of the property as that which would have been permitted under the denied application, the same shall not be considered to be substantially different from the application denied.

(f)

Final approval and ordinance adoption. If the amending ordinance is not approved within six months from the time of its original consideration, the zoning request, at the option of the city council, may be recalled for a new public hearing.

(g)

Changes in zoning regulations. Amendments to the zoning ordinance not involving a particular property but involving change in the zoning regulations generally do not require notice to individual property owners. In such cases, notice of the required public hearing shall be given by publication in the official newspaper of the city, stating the time and location of the public hearing, which time shall not be earlier than 15 days from the date of such publication.

The city council shall establish a schedule of fees, charges, and expenses, and a collection procedure for building permits, certificates of zoning compliance, appeals, and other matters pertaining to this chapter. The schedule shall be posted in the office of the administration official and may be altered or amended only by the city council.

No permits, certificates, special exception, or variance shall be issued unless and until such costs, charges, fees, or expenses have been paid in full, nor shall any action taken on proceedings before the board of adjustment unless or until preliminary charges and fees have been paid in full.

The exact charge for the following services will be established by separate ordinance:

(1)

For docketing a zoning petition with the planning and zoning commission of the City of Princeton.

(2)

For docketing an application for relief with the board of adjustment of the City of Princeton.