(a)

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

(b)

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

(c)

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

(a)

Any use, platted lot/tract or structure which does not conform with the regulations of this Zoning Ordinance on the effective date hereof, except as expressly provided in Section 12.53, shall be deemed a nonconforming use, platted lot/tract or structure provided that:

(1)

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

(2)

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

(3)

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

(b)

Any other use, platted lot/tract or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this chapter, and except as provided in Section 12.52(c), shall be deemed to be in violation of this chapter, and the City shall be entitled to enforce fully the terms of this chapter with respect to such use, platted lot/tract or structure.

(c)

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

(1)

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

(2)

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

(d)

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

(a)

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

(b)

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

(a)

If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this chapter and with any other applicable City codes or ordinances that are in effect at the time the use is resumed or the structure is re-occupied.

(b)

A nonconforming use or structure shall be conclusively deemed "abandoned," irrespective of any intent of the property owner, in the following circumstances:

(1)

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

(2)

The structure remains vacant for a continuous period of six (6) months; or

(3)

In the case of a temporary use, the use is moved from the premises for any length of time.

(c)

The use of a nonconforming structure that has a replacement cost of two thousand dollars ($2,000.00) or less, which does not conform to the provisions of this chapter, or any amendment thereto, shall be discontinued and the structure removed within six (6) months following the effective date of this chapter.

(d)

If the use of any lot/tract, tract or property that does not have a building on it and that is used for open/outside storage as of the effective date of this chapter is made nonconforming by this chapter, then such storage use shall cease within six (6) months following the effective date of this chapter. The lot/tract, tract or property shall be cleaned up and all trash, debris, stored items and vehicles, and other materials shall be removed from the premises such that the property is not a physical or visual nuisance to the public or to surrounding property owners.

(a)

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

(b)

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

(c)

A conforming use located in a non-conforming structure may be changed to another conforming use, but shall not be changed to a nonconforming use.

(a)

A nonconforming use may be extended throughout the structure in which it is located, except as set forth in Section 12.55(c), provided that:

(1)

The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use;

(2)

No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and

(3)

The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.

(b)

A non-conforming use occupying a structure shall not be extended to occupy land outside the structure.

(c)

A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this chapter.

(a)

If more than fifty percent (50%) of the total appraised value, as determined by the Denton County Central Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this chapter.

(b)

If less than fifty percent (50%) of the total appraised value, as determined by the Denton County Central Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within six (6) months following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the six (6) months reconstruction period may be extended, at the sole discretion of the City Manager or his/her designee. The denial of an extension is not subject to appeal.

(c)

If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be re-established subject to the limitations on expansion set forth in Section 12.56, above.

(d)

Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this chapter.

(e)

Nothing in this chapter shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds fifty percent (50%) of the structure's appraised value, as determined by the Denton County Central Appraisal District. If the repairs exceed fifty percent (50%) of the structure's appraisal value, the structure shall be demolished and may only be rebuilt in conformity with this chapter.

Nothing in this chapter shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the zoning district in which it is located, provided that the lot is zoned for the land use(s) intended and the lot was platted as a lot of record prior to the effective date of this chapter.

Nothing contained in this division is intended to alter any rights that may have accrued under prior regulations, pursuant to sections 43.002, and 245.001 to 245.007 of the Texas Local Government Code, as amended.

The Zoning Board of Adjustment, in accordance with Section 211.019 of the Texas Local Government Code, as amended, shall utilize the procedures and owner or lessee compensation criteria contained in said section in the event the City determines that a nonconforming use of property shall cease.

(Ord. No. 2023-128, § 2, adopted 10/24/2023)

The Planning and Zoning Commission (also referred to as the "Commission") shall function according to the following criteria which establish membership and operating procedures. The powers and duties of the Planning and Zoning Commission are further defined in division 5 of this article.

(a)

There is created, in accordance with Chapter 211 of the Texas Local Government Code the "Planning and Zoning Commission," hereinafter sometimes referred to as the "Commission," which shall consist of at least seven (7) registered voters of the City of Roanoke.

(b)

Members shall be nominated for appointment by the Mayor or by a Council member of the City of Roanoke, and each person so nominated shall be approved by a simple majority vote of the full City Council before becoming a member of the Commission.

(c)

All appointments to the Commission shall serve as a member of the Commission for a term of two (2) years or until removed from the Commission by the City Council. The City Council may remove or replace any Commission member at any time by a simple majority vote of the full Council.

(d)

Any vacancy(ies) on the Commission shall be filled for the remainder of the unexpired term via appointment by a simple majority vote of the full City Council.

(e)

Members of the Planning and Zoning Commission serve at will and may be removed from office at any time by a simple majority vote of the full City Council either upon its own motion or upon recommendation of the Planning and Zoning Commission. Failure to attend three (3) consecutive regular meetings shall be cause for removal from office, unless such absences were due to unusual circumstances beyond the member's control such as sickness of the member or someone within the member's immediate family.

(f)

The members of the Commission shall regularly attend meetings and public hearings of the Commission, shall serve without compensation, and shall not hold any other office or position with the City while serving on the Commission. The Commission shall meet a minimum of once per month at a time established by the Commission.

(g)

In July of each year, the Commission shall elect from its members a Chairman, Vice Chairman and Secretary to serve for one (1) year beginning in that month. The Commission Secretary or City Secretary shall keep minutes of all meetings held by the Planning and Zoning Commission as well as the full record of all recommendations made by the Commission to the City Council.

(h)

The Commission shall have the power to make rules, regulations and bylaws for its own governance, which shall conform to those set forth by the City Council, and such rules, regulations and bylaws shall be subject to approval by the City Council. Such rules, regulations and bylaws shall include, among other items, provisions for:

(1)

All regular and special meetings to be open to the public, as required by the Texas Open Meetings Act, chapter 551 of the Texas Government Code, as amended;

(2)

A record to be kept of all proceedings, to be open for inspection by the public, as required by the Texas Open Meetings Act, chapter 551 of the Texas Government Code, as amended;

(3)

Reporting to the governing body and the public, from time to time and annually as requested; and

(4)

Rules of order and the holding of public hearings on its recommendations.

The Commission will follow the parliamentary procedure adopted by the City Council, and procedures shall not be in conflict with the laws applicable to the Commission on the following:

(a)

Quorum. A quorum shall consist of four (4) Commission members, and any issue to be voted upon shall be resolved by a majority of those members present.

(b)

Voting. Each Commission member, including the presiding Chairperson, shall be entitled to one vote on any question, if a quorum is present, unless prohibited under Section 12.77(c).

(c)

Conflict of Interest. If any member has a conflict of interest regarding any item on the Commission's agenda, he/she shall refrain from voting or discussion on the item for which a conflict exists. Such member shall be deemed legally disqualified from voting.

The Planning and Zoning Commission shall meet in the City Hall building or in some other specified location as may be designated by the presiding Chairperson and at such intervals as may be necessary to orderly and properly transact the business of the Commission but not less than once each month.

Statutes of the State of Texas authorizing and empowering cities to regulate the platting and recording of subdivisions or additions within the City's corporate limits and extraterritorial jurisdiction are hereby adopted, and the Commission, acting through its duly authorized officials, shall have all the rights, powers, privileges and authority as authorized and granted by and through all relevant statutes pertaining to regulation of subdivisions in the City's limits and extraterritorial jurisdiction.

(a)

The Commission shall have all the rights, powers, privileges and authority as authorized and granted by and through the statutes of the State of Texas authorizing and granting cities the power of zoning and subdivision regulation as found in Chapters 211 and 212 of the Texas Local Government Code and City Charter, as amended.

(b)

The Planning and Zoning Commission shall be an advisory body and adjunct to the City Council, and shall make recommendations regarding amendments to the Comprehensive Plan, changes of zoning for real property, Zoning and Subdivision Ordinance amendments approval of plats of subdivisions, and other planning-related matters. The Planning and Zoning Commission shall conduct a regular review of the City's Comprehensive Plan and shall be prepared to make recommendations to the City Council, as deemed necessary, to keep the City's Comprehensive Plan current with changing conditions and trends and with the planning needs of the City. The Planning and Zoning Commission shall also serve in an advisory capacity on any other planning-related matter(s) in the City, including the periodic review of the City's impact fee ordinance(s).

The procedure and process for zoning changes and Zoning Ordinance amendments shall be in accordance with division 5 of this article.

Whenever the City Council and the Planning and Zoning Commission are required by the laws of the State of Texas to conduct public hearings in matters pertaining to planning, zoning or subdividing property, and at other times when it is determined to be in the best interest of the City to do so, the City Council and the Planning and Zoning Commission are hereby authorized, after published notice as required by law, to hold joint meetings and to conduct joint public hearings.

There is hereby created a Board of Adjustment, hereafter referred to as the "Board" for the purpose, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to, to grant variances from and to hear appeals regarding the terms of this chapter that are consistent with the general purpose and intent of this chapter.

(1)

The Board shall consist of five (5) members, and shall operate in accordance with Sections 211.008 through 211.011 of the Texas Local Government Code, as amended.

(2)

The Board shall have the power to make the rules, regulations and bylaws for its own governance, with the approval of City Council, which shall conform as nearly as possible to those rules, regulations and bylaws governing the City Council, and the Board's rules, regulations and bylaws.

(Ord. No. 2019-110, § 2, adopted 9/24/2019)

Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public, and minutes shall be kept of all proceedings at Board meetings. Four (4) members of the Board shall constitute a quorum for the conduct of business. All cases to be heard by the Board shall always be heard by at least seventy-five percent (75%) of the members, which constitutes four (4) members.

(1)

The Board shall have the authority, subject to the standards established in Sections 211.008 through 211.011 of the Texas Local Government Code, as amended, and those established herein, to exercise powers and to perform duties including the following:

(A)

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

(B)

Hear and decide special exceptions to the terms of this chapter when the ordinance requires this Board to do so;

(C)

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

(D)

Hear and decide other matters authorized by ordinance.

(2)

In exercising its authority under Section 12.94(1)(A) above, the Board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the Board has the same authority as the administrative official.

(3)

The concurring vote of at least seventy-five percent (75%), or four (4) members, of the full 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 review under this Zoning Ordinance;

(C)

Authorize a variance from a provision of this Zoning Ordinance; or

(D)

Hear and decide special exceptions to a provision of this Zoning Ordinance, as set forth in Section 12.97.

(1)

The Board may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought, except as provided in Section 12.97.

(2)

The Board shall have no power to grant or modify Special Exceptions authorized under this chapter.

(1)

The Board may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance with the terms of this chapter. For example, if the subject property substantially differs from other similarly zoned land parcels by being of such restricted area, shape or slope so that it cannot reasonably be developed in the same manner as other similarly zoned land parcels, then a variance of the building setback, lot/tract width or depth, or parking requirements may be granted. In granting a variance, the Board shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. In making the findings herein below required, the Board shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work within the proposed use, and the probable effect such variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.

(2)

Conditions Required for Variance. No variance shall be granted without providing public notice and holding a public hearing on the variance request in accordance with Section 12.99 of this chapter and the Board shall make findings:

(A)

That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his/her land;

(B)

The circumstances or conditions are not economic hardships created by the property owner;

(C)

That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;

(D)

That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; and

(E)

That the granting of the variance will not have an adverse effect on surrounding properties, preventing the use and enjoyment of other land within the area in accordance with the provisions of this chapter. Such findings of the Board, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Board meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and that substantial justice may be done.

(3)

Findings of Undue Hardship.

(A)

In order to grant a variance, the Board must make findings that an undue hardship exists, using the following criteria:

(i)

That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property;

(ii)

That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district;

(iii)

That the relief sought will not injure the permitted use of adjacent conforming property; and

(iv)

That the granting of a variance will be in harmony with the spirit and purpose of the [Section].

(B)

In order to grant a variance, the Board may make findings that an undue hardship exists, using the following criteria:

(i)

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

(ii)

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

(iii)

Compliance would result in the structure not being in compliance with a requirement of City Code of Ordinances, building code, or other requirement;

(iv)

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

(v)

The City considers the structure to be a nonconforming structure.

(4)

A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely upon economic gain or loss, nor shall it permit any person the privilege of developing a parcel of land not permitted by this chapter on other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.

(Ord. No. 2021-125, § 2, adopted 10/26/2021)

(1)

Special Exceptions for Nonconforming Uses and Structures. Upon written request of the property owner, the Board may grant special exceptions to the nonconforming uses and structures provisions of division 2 of this article, limited to the following, and in accordance with the following standards:

(A)

Expansion of the land area of a nonconforming use, up to a maximum of ten percent (10%); or

(B)

Expansion of the gross floor area of a nonconforming structure, up to a maximum of ten percent (10%), provided that such expansion does not decrease any existing setback and does not encroach onto adjacent property; or

(C)

Change from one nonconforming use to another, re-construction of a nonconforming structure that has been totally destroyed, or resumption of a nonconforming use previously abandoned, only upon a finding that the failure to grant the special exception deprives the property owner of substantially all use or economic value of the land.

(D)

In granting special exceptions under this Section, the Board may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the standards of the Zoning Ordinance.

(E)

The Board may authorize a special exception for the enlargement, expansion or repair of a nonconforming structure if such enlargement, expansion or repair will improve the condition of the structure, if it will bring the structure closer into compliance with this Zoning Ordinance, or if it will otherwise improve or enhance public health, safety or welfare.

(1)

Authority. In addition to the authorization of variances and special exceptions from the terms of this chapter, the Board shall have the authority to hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this chapter, or other provision of the Code of Ordinance where authorized. The Board may reverse or affirm, in whole or in part, or may modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose, the Board has the same authority as the administrative official.

(2)

Who May Appeal.

(A)

In general—Not related to a specific application, address or project. Any of the following persons may appeal to the Board a decision made by an administrative official that is not related to a specific application, address, or project:

(1)

A person directly aggrieved by the decision; or

(2)

Any officer, department, board or office of the City affected by the decision.

(B)

Related to a specific application, address or project. Any of the following persons may appeal to the Board a decision made by an administrative official that is related to a specific application, address, or project:

(1)

A person who:

(a)

filed the application that is the subject of the decision;

(b)

is the owner or representative of the owner of the property that is the subject of the decision; or

(c)

is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subject of the decision; or

(2)

Any officer, department, board, or office of the City affected by the decision.

(3)

Procedure for Appeal. The appellant must file with the Board and the official from whom the appeal is taken a written Notice of Appeal specifying the grounds for the appeal. The Notice of Appeal shall be filed not later than the twentieth day after the date the decision is made. Upon receiving the Notice, the official from whom the appeal is taken shall immediately transmit to the Board all papers constituting the record of action that is appealed. An appeal stays all proceedings in furtherance of the action that is appealed. The Board may hold an expedited hearing in the event the official, from whom the appeal is taken, certifies in writing to the Board facts supporting the official's opinion that a stay would cause imminent peril to life or property. The appellant party may appear at the appeal hearing in person, by agent or through an attorney. The Board shall decide the appeal at the next meeting for which notice can be provided following the hearing and not later than the sixtieth day after the date the appeal is filed. The Board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken, and may make the correct order, requirement, decision or determination.

(Ord. No. 2019-110, § 3, adopted 9/24/2019)

(1)

Application and Fee. An application for a variance, special exception or appeal by the Board shall be made in writing using forms prescribed by the City, and shall be accompanied by an application fee, as set forth in the currently adopted City Fee Schedule, a site plan, and any other additional information as may be requested in order to properly review the application. Such information may include, but is not limited to, plat plans, site building plans, photographs, topographic contour maps, and other similar documents. All drawings must be to scale.

(2)

Review and Report by the City. The City Manager or his/her designee shall visit the site where the application for the proposed variance or special exception would apply and the surrounding area, and shall report his/her findings to the Board.

(3)

Notice and Public Hearing. The Board shall hold a public hearing for consideration of the variance or special exception request no later than forty-five (45) calendar days after the date the application for action, or an appeal, is filed. Written notice of the public hearing for a variance or special exception shall be provided to all property owners, via U.S. mail, within two hundred feet (200') of the affected property at least ten (10) calendar days prior to the public hearing. Notice shall also be published in the official local newspaper before the fifteenth (15th) calendar day prior to the public hearing.

(4)

Action by the Board of Adjustment. The Board shall not grant a variance unless it finds, based upon compelling evidence provided by the applicant, that each of the conditions in Section 12.96 has been satisfied. The Board may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance or special exception as are necessary to protect the public health, safety, convenience and welfare. Violation of any such condition, limitation or safeguard shall constitute a violation of this chapter.

(5)

Burden of Proof. The applicant bears the burden of proof in establishing the facts that may justify a variance, a special exception, an appeal, or any other action in his/her favor by the Board.

(6)

Waiting Period. No appeal to the Board for the same or a related variance or special exception on the same piece of property shall be allowed for a period of six (6) months following an unfavorable ruling by the Board unless other property in the immediate vicinity has, within the six-month waiting period, been changed or acted upon by the Board or the City Council so as to alter the facts and conditions upon which the previous unfavorable Board action was based. Such changes of circumstances shall permit the re-hearing of a variance or special exception request by the Board, but such circumstances shall in no way have any force in law to compel the Board, after a hearing on the matter, to grant a subsequent variance or special exception request. Any subsequent variance or special exception request shall be considered entirely on its own merits and on the specific circumstances related to the subject property.

All decisions of the Board are final and binding. However, any person aggrieved by a decision of the Board may present a verified petition to a court of record which states that the decision of the Board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten (10) calendar days after the date the Board's decision is filed in the City Secretary's office. The Board's decision shall be deemed filed in the office of the Board on the first (1 ^st ) business day following the date on which action was taken by the Board.

(a)

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

(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, the style of living, or manner of conducting business;

(4)

To change the property to uses in accordance with the City's adopted Comprehensive Plan; or

(5)

To promote the general welfare of the community in furtherance of legitimate governmental objectives.

(b)

In making a determination regarding a requested zoning change, the Planning and Zoning Commission and the City Council shall consider the following factors:

(1)

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

(2)

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;

(3)

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

(4)

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;

(5)

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

(6)

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

(a)

The City Council may from time to time, after receiving a recommendation 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 Map. Any amendment to the Zoning Ordinance text or to zoning district boundaries may be ordered for consideration by the City Council, may be initiated by the Planning and Zoning Commission, or may be requested by the owner of real property, or his/her authorized representative.

(b)

Consideration for a change in any zoning district boundary line or special zoning regulation may be initiated only by the property owner or his/her authorized agent (proof of such authorization must be submitted with the zoning application, per Section 12.123 below), or by the Planning and Zoning Commission or the City Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown in City records are different, the applicant shall submit proof of ownership and verification that he/she is acting as an authorized agent for the property owner.

(c)

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

(a)

Each application for zoning, rezoning, a Specific Use Permit (SUP), or for a text amendment to a provision(s) of this Zoning Ordinance, shall be made in writing on an application form available in the City Manager's or his/her designee's office. The application shall be delivered to the City at least thirty (30) days prior to the date of the public hearing before the Planning and Zoning Commission, and shall be accompanied by payment of the appropriate fee as established in the currently adopted City Fee Schedule, An accurate metes and bounds description of the subject property, or other suitable legal description, a survey, and other appropriate exhibits such as site plans, maps, architectural elevations, information about proposed uses, and any other information that is determined necessary by the City Manager or his/her designee shall also be submitted with the zoning application in order to ensure that the request is understood. A concept plan, as prescribed in division 7 of this article, shall also be submitted along with any zoning request involving a Specific Use Permit (SUP) request or the formation of a Planned Development (PD) district.

(b)

All zoning change requests involving real property shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of land owner's agent to file the zoning change request.

(c)

Official Submission Date and Completeness of Application.

(1)

For the purpose of these regulations, the "official submission date" shall be the date upon which a complete application for a zoning change request, containing all elements and information required by this chapter, is submitted to the City Manager or his/her designee. No application shall be deemed officially submitted until the City Manager or his/her designee determines that the application is complete and a fee receipt is issued by the City. Failure by the City Manager or his/her designee to make a determination of incompleteness within ten (10) calendar days following the date on which the application was first received by the City, shall result in the application being deemed complete, and the "official submission date" shall become the 10 ^th calendar day following initial receipt of the application by the City.

(2)

Zoning applications which do not include all required information and materials will be considered incomplete, shall not be accepted for official submission by the City and shall not be scheduled on a Planning and Zoning Commission agenda until the proper information is provided to City staff.

(a)

For zoning and rezoning requests involving real property, the Planning and Zoning Commission shall hold at least one (1) public hearing on each zoning application, as required in Texas Local Government Code Chapter 211, as amended. For proposed changes to zoning district boundaries, notice of the public hearing to occur before the Planning and Zoning Commission shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the City before the fifteenth (15th) calendar day prior to the date of the public hearing. Written notice of the public hearing shall also be sent to all owners of property, as indicated by the most recently approved City tax roll, that is located within the area of application and within two hundred feet (200') of any property affected thereby, said written notice to be sent before the tenth (10th) calendar day prior to the date such hearing is held. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the United States mail.

(b)

For requests involving proposed changes to the text of the Zoning Ordinance, notice of the Planning and Zoning Commission hearing shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the City before the fifteenth (15th) calendar day prior to the date of the public hearing. Changes in the ordinance text which do not change zoning district boundaries do not require written notification to individual property owners.

(c)

The City may, at its option, establish additional rules and procedures for public notification of proposed zoning changes and development proposals which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the applicant or its agent(s). Knowledge of and adherence to such rules and procedures, if so established by the City, shall be the responsibility of the applicant and shall be required as part of a zoning change or development application. The City shall make available one (1) copy of all rules and procedures in the City Manager's office.

(d)

In addition to the foregoing notice, the City shall provide written notice of each public hearing regarding any proposed adoption of or change to a zoning regulation or boundary under which a current conforming use of a property is a nonconforming use if the regulation or boundary is adopted or changed. The notice shall:

(1)

Be mailed by United States mail to each owner of real or business personal property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll and each occupant of the property not later than the tenth (10th) day before the hearing date;

(2)

Contain the time and place of the hearing; and

(3)

Include the following text in bold 14-point type or larger: "THE CITY OF ROANOKE, TEXAS, IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."

(Ord. No. 2023-128, § 3, adopted 10/24/2023)

Failure of the applicant or his/her authorized representative to appear before the Planning and Zoning Commission or the City Council for one (1) hearing without an approved delay by the City Manager or his/her designee shall constitute sufficient grounds for the Planning and Zoning Commission or the City Council to postpone or deny the application unless the City is notified in writing by the applicant at least seventy-two (72) hours prior to the hearing.

(a)

The Planning and Zoning Commission shall perform its duties in accordance with division 3 of this article and with applicable provisions in the City's Code of Ordinances.

(b)

The Commission shall hold a public hearing on a zoning or rezoning request. After all public input has been received and the public hearing closed, the Commission shall make its recommendations on the proposed zoning request and concept plan, if applicable, stating its findings, its overall evaluation of the request, and its assessment regarding how the request relates to the City's Comprehensive Plan. The Planning and Zoning Commission may, on its own motion or at the applicant's request, defer its decision/recommendation from the time the public hearing was first opened, or until it has had an opportunity to consider other information or proposed modifications to the request which may have a direct bearing thereon. If the Commission elects to defer the request, such deferment shall specifically state the time period of the deferment by citing the meeting date whereon the request will reappear on the Commission's agenda, and further notice in the newspaper and to surrounding property owners shall not be required.

(c)

When the Commission acts upon a zoning request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions or disapproval of the request. If the Commission's recommendation is to approve the request, either as submitted or with additional conditions, then the request will be automatically forwarded to the City Council for a public hearing thereon, as provided in Section 12.127 below.

(d)

If the Planning and Zoning Commission recommends denial of the zoning change request, it shall provide reasons to the applicant for the denial, if requested by the applicant. The Planning and Zoning Chairperson shall inform the applicant of the right to receive reasons for the denial.

(a)

Applications Forwarded from the Planning and Zoning Commission to the City Council.

(1)

Every zoning application which is recommended for approval or approval with conditions by the Planning and Zoning Commission shall be automatically forwarded to the City Council for a public hearing to be held following appropriate public hearing notification as prescribed in Section 12.124 above. The City Council may then approve the request, approve it with conditions, or disapprove it by a majority vote of the Council members present and voting.

(2)

An application which is recommended by the Planning and Zoning Commission for denial shall not be forwarded to the City Council unless the applicant files a written appeal with the City Secretary within ten (10) calendar days after the Commission's decision. Upon notice of appeal, the application will be forwarded to the City Council along with the Commission's reasons for denial of the request. The appeal shall be scheduled for the next possible City Council agenda, following appropriate public notification as prescribed in Section 12.124. Ultimate approval of any zoning request which was recommended for denial by the Planning and Zoning Commission will require a three-fourths (¾) majority vote of the full City Council. No zoning change, however, shall become effective until after the adoption of an ordinance by the City Council for same and its publication as required by law.

(b)

City Council Action on Zoning, Rezoning or Text Amendment Requests. After a public hearing is held before the City Council regarding the zoning application, the City Council may approve the request in whole or in part, deny the request in whole or in part, defer the application to a future meeting, specifically citing the City Council meeting to which it is deferred, or it may refer the application back to the Planning and Zoning Commission for further study.

(1)

If the City Council approves the request, then Section 12.127(f) will apply.

(2)

If the City Council denies the request, then no other zoning application may be filed for all or part of the subject tract of land, or for that portion of the Zoning Ordinance, in the case of a text amendment request submitted by a property owner or citizen, for a period of one (1) year following the denial. Where the request was initiated by the City and involved a proposed amendment to the text of the Zoning Ordinance, a waiting period is not required before the request can be reconsidered. The City Council may, at its option, waive the one-year waiting period.

(c)

Notice of the City Council Hearing for Zoning Changes. Notice of the City Council public hearing for a zoning, rezoning or Zoning Ordinance text amendment request shall be given in the same manner as that for the public hearing before the Planning and Zoning Commission as required in Section 12.124.

(d)

Protests. For zoning and rezoning requests involving real property, a favorable vote of three-fourths (¾) of all members of the City Council shall be required to approve any change in zoning when written objections are received from twenty percent (20%) or more of the land area covered by the proposed change, or of the land area within two hundred feet (200') of the subject property, in accordance with the provisions of Section 211.006 of the Texas Local Government Code, commonly referred to as the "20% rule." If a protest against such proposed zoning change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the land included in such a proposed change or those owners of property immediately adjacent to the subject property and extending two hundred feet (200') therefrom, such zoning change shall not become effective except by a three-fourths (¾) vote of the full City Council.

(1)

Upon receipt of a written protest, a proposed zoning change shall become effective only upon the favorable vote of three-fourths of all the members of the City Council when such protest meets one or more of the following enumerated conditions:

(A)

When such protest contains the signatures of the owner or the owners of twenty percent (20%) or more of the total area of the land (whether platted or otherwise) included within the boundaries of the proposed change, or

(B)

When such protest contains the signatures of the owner or owners of twenty percent (20%) or more of the total area of land (whether platted or otherwise) outside of the boundaries of the proposed change and within two hundred feet of any point of the land proposed to be changed.

(2)

All protests must be submitted to the City Secretary in writing. Such written protest(s) should be in the form of a petition containing the zoning case number, the name of the protesting property owner, the address(es) or property description(s) of the property for which the property owner is asserting a protest, the reasons for the property owner's protest such as the zoning classifications or uses to which the property owner is opposed, and the verified signature of the protesting property owner(s) or a verification by the person submitting the petition confirming the authenticity of the signatures contained thereon.

(3)

The protest must be presented to the City Council prior to the close of the public hearing in order to invoke the three-fourths (¾) vote. Protests submitted after the close of the public hearing shall not invoke a three-fourths (¾) vote requirement for approval of the requested zoning change.

(4)

A person may by written request withdraw their signature from the protest at any time prior to the close of the public hearing only. If the withdrawal of an owner's signature from a protest reduces the percentage of land area ownership protesting the zoning change to less than twenty percent (20%) of the total area of land, a three-fourths (¾) vote for approval of the zoning change shall not be required.

(5)

The plain wording of the protest(s) shall determine whether a three-fourths (¾) vote is required for approval of the advertised zoning district applied for by the applicant or any less intensive zoning classification that the City Council decides to grant.

(e)

Joint Public Hearings. The City Council may hold a joint public hearing on a zoning, rezoning or Zoning Ordinance text amendment request with the Planning and Zoning Commission, but the City Council shall not take action on the request until it has received a final recommendation from the Commission. Notification for the City Council's public hearing, whether held separately or jointly with the Commission, may be accomplished simultaneously with the public notification given for the public hearing to be held before the Planning and Zoning Commission.

(f)

Final Approval and Ordinance Adoption. Upon approval of the zoning request by the City Council, the applicant shall submit all related material with revisions, if necessary, to the City Manager or his/her designee for the preparation of the amending ordinance. The zoning request shall be deemed approved at the time the City Council takes action to approve the request as submitted or with certain conditions. However, the amending ordinance will not be prepared for adoption until a correct description and all required exhibits have been submitted to the City Manager or his/her designee and the amending ordinance shall not be formally adopted until it is adopted by the City Council, signed by the Mayor, and attested by the City Secretary.

(a)

The City Manager or his/her authorized representative, shall administer and enforce the provisions of this chapter. If the City Manager or his/her authorized representative finds upon his/her own personal observation, or upon receipt of a complaint, that the provisions of this chapter are being violated, he/she shall immediately investigate and, when necessary, give written notice to the person(s) responsible to cease or correct such violation(s) immediately. Notice shall be delivered in person or by certified mail to the violator(s) or to any person owning or leasing a property where the violation is occurring. The City Manager or his/her authorized representative shall have the right to enter upon any premises at any reasonable time in conformance with local and state laws, for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this chapter.

(b)

Stop Work Orders. Whenever any building or construction work is being done contrary to the provisions of this chapter, the City Manager or his/her authorized representative shall have the authority to order the work stopped by notice in writing served on the property owner or the contractor doing the work or causing such work to be done, and any such person shall forthwith stop such work until authorized in writing by the City to proceed with such work. Failure to immediately stop work as provided herein shall constitute a violation of this chapter, in accordance with Section 12.952 (Penalty for Violations), and may incur penalties for such violation.

(a)

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any zoning or development application or on any appeal.

(b)

The City Council, upon the recommendation of the Planning and Zoning Commission, shall determine and adopt a fee schedule for the purpose of recovering a portion of the administrative costs associated with processing zoning and development requests, including public hearings, that are called for in this chapter, as set forth in the currently adopted City Fee Schedule, for the City's filing fee schedule. Such fees shall be paid by the applicant and shall not be designed to in any way restrict the applicant's ability to seek and receive a hearing or to generate revenue for other than recovery of actual administrative costs incurred by the City in the review and processing of applications. Immediately upon receipt of a complete submission for a zoning change or other development plan approval, in accordance with Section 12.123(c), the City Manager or his/her designee shall issue a fee receipt and shall create a case file as a permanent City record thereof.

No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the City Manager or his/her designee. A building permit shall not be issued except in conformity with the provisions of this chapter, unless otherwise authorized by the Board of Adjustment in the form of a variance or special exception as provided in Sections 12.96 and 12.97 of this chapter. A building permit shall not be issued until the property is properly zoned for the intended use, until the property is platted in accordance with the Subdivision Ordinance, and all appropriate plans have been approved by the City, including, but not limited to, a construction or final plat, a detailed plot/tract plan, a final site plan, landscaping and façade and elevation plans, building structural plans, drainage, grading, and engineering. No building permit may be issued before the completion and filing for record of a final plat except in accordance with the Code of Ordinances.

(Ord. No. 2011-121, § 2, adopted 9/27/2011)

Failure of an applicant or any of his/her agents, representatives or contractors to erect, construct, reconstruct, alter, use or maintain any building, structure or premises in conformance with the approved plans upon which a building permit was issued, when such failure constitutes a violation of any provision of this chapter, shall render such building permit void, and the City Manager or his/her designee is hereby authorized and directed to revoke any such permit by giving written notice to the applicant or his/her agent or representative, and all work upon such building, structure or premises shall be immediately discontinued until such building, structure or premises shall be brought into conformance with the approved plans and with all applicable provisions of this chapter.

(a)

A Certificate of Occupancy shall be required for any of the following:

(1)

Occupancy and use of a nonresidential building hereafter erected or structurally altered;

(2)

Change in use of an existing nonresidential building to a use of a different classification; and

(3)

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

(b)

No such use, or change of use, shall take place until a Certificate of Occupancy therefore shall have been issued by the City Manager or his/her designee. The application fee(s) for a Certificate of Occupancy shall be as set forth in the currently adopted City Fee Schedule.

(c)

A record of all Certificates of Occupancy shall be kept on file in the City Managers office, or his/her designee office, and copies shall be furnished upon request to any person in accordance with State laws governing public records.

(d)

Procedure for New or Altered Buildings. Written application for a Certificate of Occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. Said Certificate shall be issued after the City Manager or his/her designee orders the building or structure inspected and finds no violations of the provisions of this chapter or other regulations which are enforced by the City Manager or his/her designee. Said Certificate shall be issued by the City Manager or his/her designee after the erection or alteration of such building or part thereof has been completed in conformity with all applicable provisions of this chapter.

(e)

Procedure for a Change in Building Use. Written application for a Certificate of Occupancy for the use of or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to the City Manager or his/her designee. If the proposed use is found to be in conformity with the provisions of this chapter, the Certificate of Occupancy shall be issued after the application for same has been made and all required inspections are completed and approved by the City Manager or his/her designee.

(f)

Contents of Certificate of Occupancy. Every Certificate of Occupancy shall contain the following: 1) building permit number; 2) the address of the building; 3) the name and address of the owner; 4) a description of that portion of the building for which the Certificate is issued; 5) a statement that the described portion of the building has been inspected for compliance with the requirements of the City's Building Codes for the particular group and division of occupancy; 6) the name of the City Manager or his/her designee; 7) use(s) allowed; 8) maximum number of persons/occupants; and 9) issue date of Certificate of Occupancy.

(g)

Posting of Certificate of Occupancy. The Certificate of Occupancy for all commercial buildings shall be posted in a conspicuous place on the premises and shall not be removed except by the City Manager or his/her designee.

(h)

Revocation of Certificate of Occupancy. The City Manager or his/her designees, may, in writing, suspend or revoke a Certificate of Occupancy issued under the provisions of this chapter whenever the Certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provision of this chapter or the building code and other codes adopted by the City, and any amendments thereto.

(i)

Filing of Final Plat. No certificate of occupancy shall be issued until the final plat is properly filed for record as required by the Code of Ordinances and state law, and all conditions of the preliminary plat approval, and all other applicable rules and regulations have been satisfied.

(Ord. No. 2011-121, § 3, adopted 9/27/2011)

Nothing contained herein shall require any change in the plans, construction or designated use of a building, the foundation for which has been completely constructed as of the effective date of this chapter, and the remaining construction of which shall have been completed within one (1) year following the effective date of this chapter. In addition, any nonresidential building or structure for which a building permit has been approved by the City not more than one (1) year prior to the effective date of this chapter may be constructed according to the terms of that building permit.

This Section establishes a site plan review process for proposed nonresidential, mixed use and higher density residential developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with the Comprehensive Plan and other appropriate design standards, safe and efficient vehicular and pedestrian circulation, adequate parking and loading, and adequate water supply, drainage and storm water management, sanitary facilities, coverage, and other utilities and services.

(a)

Site plan review and approval shall be required for all nonresidential, mixed-use, townhouse, single-family attached, and multi-family residential projects and structures, and for any Planned Development district or Specific Use Permit, public hearings may also be required, pursuant to division 5 of this article, article IV, division 2, and Appendix 3. Authorized nonresidential structures within a residential zoning district are subject to the site plan review and approval requirements of this division.

(b)

No building permit shall be issued for any of the above developments until a site plan and all other required engineering/construction plans are first approved by the City. No certificate of occupancy shall be issued until all construction and development conforms to the site plan and engineering/construction plans, as approved by the City. The site plan review process shall include up to three (3) steps:

(1)

Pre-application conference;

(2)

Site plan review/approval; and

(3)

Construction of project (after City approval of required site plan and other associated plans, including construction plat and engineering plans).

Site plan review shall not be required for single-family residential developments, unless the proposed subdivision will include a private amenity, facility or a golf course. In these instances, site plan submission and approval will be required for the private amenity or facility, or the golf course clubhouse/hospitality area, pursuant to Section 12.163(a)(10).

(a)

All required items and/or information for an application for a site plan must be received by the City Manager or his/her designee in order for the application to be considered complete, pursuant to Section 12.164, and incomplete submissions will not be reviewed until all deficient items and information have been received. The site plan shall be prepared by a qualified civil engineer, land planner, architect or surveyor, at a scale no smaller than one inch equals one hundred feet (1" = 100') and on sheets twenty four inches by thirty-six inches (24" x 36"), and it shall clearly show in detail how the site will be constructed. The site plan shall include, but not be limited to the following:

(1)

An application form, provided by the City, with notarized signatures of the owner or his/her designated representative if the applicant is not the owner of the subject property.

(2)

Appropriate filing fee, as set forth in the currently adopted City Fee Schedule.

(3)

Verification that all taxes and assessments on the subject property have been paid, pursuant to Section 12.164.

(4)

A title block within the lower right hand corner of the site plan with the proposed name of the project/subdivision, the name and address of the owner/developer and the land planner, engineer architect or surveyor responsible for the plan, the scale of the drawing (both written and graphic scale), the date the drawing was prepared, total site acreage, and the location of the property according to the abstract and survey records of Denton County, Texas;

(5)

A vicinity or location map that shows the location of the proposed development within the City, or its ETJ, and in relationship to existing roadways;

(6)

The boundary survey limits of the tract and each proposed lot/tract and scale distances with north clearly indicated;

(7)

The names of adjacent additions or subdivisions or the name of the owners of record and recording information for adjacent parcels of unplatted land, including parcels on the other sides of roads, creeks, etc.;

(8)

The existing zoning and existing/proposed uses on adjacent land; the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; any existing easements, with recording information; existing buildings; railroad rights-of-way; topography (contours at two-foot intervals) with existing drainage channels or creeks, including the 100-year flood plain, if applicable; any other important natural features, such as rock outcroppings, caves, wildlife habitats, etc.; and all substantial natural vegetation;

(9)

Proposed strategies for tree preservation including showing individual trees or tree masses that will be preserved, and the techniques that will be used to protect them during construction;

(10)

The layout and width (right-of-way lines and curb lines) of existing and proposed thoroughfares, collector streets and/or intersections, and specific configuration of proposed streets, lot/tracts and blocks, proposed driveways including driveway widths and distances between driveways, proposed median openings and left turn lanes on future divided roadways and existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings;

(11)

Specific locations and footprints of buildings, including but not limited to proposed nonresidential and residential densities; building heights, square footages (for multi-tenant or multi-purpose buildings, show square footage for each intended use), massing, orientation, loading/service areas (including proposed screening), recycling containers, compactors and dumpster enclosures (including proposed screening), pedestrian walkways, and parking areas (including parking ratio calculations); any proposed sites for parks, schools, public facilities, public or private open space; flood plains/drainage ways; all proposed and existing utilities and easements; drainage structures; retention/detention ponds with proposed aesthetic treatments; screening walls; fences; signage; fire lanes and fire hydrants; lighting; visibility easements; and other pertinent development related features;

(9)

A landscape plan showing turf areas, tree types and sizes, screening walls, ornamental plantings, planting schedule (including species, planted height, spacing, container/caliper size, numbers of each plant material, etc.) any existing wooded areas, trees to be planted, and irrigation plans, if required; and

(10)

Color building façade (elevation) plans showing elevations with any attached (wall-mounted) signage to be used, as determined appropriate by the City Manager or his/her designee.

(11)

Copies of the site plan (on 24" x 36" sheet, and drawn to a known engineering scale that is large enough to be clearly legible), and other required information, the quantity of which shall be determined by the City Manager or his/her designee.

(12)

General layout for the required public improvements, such as water, wastewater, grading/storm drainage, water quality, fire lanes and hydrants, screening and landscaping, the quantity of which shall be determined by the City Manager or his/her designee.

(13)

Reduced copies (11" x 17") of the site plan as required by the City Manager or his/her designee.

(14)

Any additional information/materials, such as plans, maps, exhibits, legal description of property, information about proposed uses, and other information deemed necessary by the City Manager or his/her designee in order to ensure that the development request is understood.

(15)

If the application is for a single-family subdivision, a construction plat may qualify as a site plan, notwithstanding other information contained herein that may still be deemed as required with the application.

(b)

Provision of the above items shall conform to the principles and standards of this chapter and the Comprehensive Plan. To ensure the submission of adequate information, the City is hereby empowered to maintain and distribute a separate list of specific requirements for site plan review applications. Upon periodic review, the City Manager or his/her designee shall have the authority to update such requirements for site plan and development review applications. It is the applicant's responsibility to be familiar with, and to comply with, these requirements.

(c)

Extent of Area that Should be Included in a Site Plan. When the overall development project is to be developed in phases, the site plan area shall include only the portion of the overall property that is to be developed/constructed.

(d)

Effect of Review. The site plan shall be considered authorization to proceed with construction of the site provided all other required City approvals are obtained, including but not limited to a construction plat, engineering plans, landscape plan, building façade and elevation plans, and building permits.

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

(a)

For the purpose of these regulations, the "official submission date" or "filed date" for purposes of Chapter 212 of the Texas Local Government Code shall be the date when a complete application for approval of a site plan which contains all elements and information required by this chapter is submitted to the City Manager or his/her designee, and placed upon an agenda of the Planning Zoning Commission or City Council, as applicable. No application shall be deemed officially submitted until the City Manager or designee determines that the application is complete and a fee receipt is issued by the City.

(b)

Site plan applications which do not include all required information and materials, as referenced in this chapter and per other City development review policies which may change from time to time, will be considered incomplete, and shall not be accepted for official submission by the City; therefore, the application shall not be scheduled on a Planning and Zoning Commission agenda until the proper information is provided to City staff.

(Ord. No. 2019-111, § 2, adopted 9/24/2019)

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

(a)

The following criteria have been set forth as a guide for evaluating the adequacy of proposed development within the City of Roanoke, and to ensure that all developments are, to the best extent possible, constructed according to the City's codes and ordinances. The City Manager or his/her designee shall review the concept plan or site plan for compliance with all applicable City ordinances and with the Comprehensive Plan; for harmony with surrounding uses and with long-range plans for the future development of Roanoke; for the promotion of the health, safety, order, efficiency, and economy of the City; and for the maintenance of property values and the general welfare. Site plan review and evaluation shall be performed with respect to the following:

(1)

The plan's compliance with all provisions of the Zoning Ordinance and other ordinances of the City of Roanoke.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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

(14)

Consistency with the Comprehensive Plan of the City of Roanoke, as amended.

(a)

Pre-Application Conference. The applicant(s) should avail themselves of the advice and assistance of the City officials, and should consult early and informally with the City Manager, the Public Works Director, the City's Planner, the City Building Official, the City Fire Marshal, the City's Engineer, and other applicable administrative officers before preparing a site plan in order to save time, money and to avoid potential unnecessary delays. Prior to formal application for approval of any concept plan or site plan, the applicant(s) shall request and attend a pre-application conference with the City Manager or his/her designee the City's Planner, the City Building Official, the City Fire Marshal, the City's Engineer, the Public Works Director, and any other pertinent City official(s) in order to become familiar with the City's development regulations and the development process. At the pre-application conference, the developer may be represented by his/her land planner, engineer and/or surveyor.

(b)

City Staff Review. Upon official submission of a complete application for site plan approval, the City shall commence technical review of the development proposal by forwarding a copy of the application to development review team members. Development review team members shall review the application and shall ascertain its compliance with these and other applicable City regulations. Following City staff review of the site plan and supporting documents, and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit additional copies of the corrected plan to the City Manager or his/her designee no later than seven (7) calendar days prior to the Planning and Zoning Commission meeting. Failure to resubmit corrected copies of the site plan back to the City no later than seven (7) days before the Planning and Zoning Commission meeting, shall be cause for the City Manager or his/her designee to forward the site plan application to the Commission as it was originally submitted rather than the corrected version. If, upon re-submission of the corrected site plan to the City, the City Manager or his/her designee determines that the application is still incomplete or not correct, the site plan application may be subject to denial.

(c)

Action By the Planning and Zoning Commission and the City Council. All site plan applications shall be reviewed by the Planning and Zoning Commission, and if in conformance with the provisions of this chapter and all other applicable regulations and codes of the City, the application shall then be considered for approval by the City Council in conformance with the procedures set out in Section 12.123 and the following: The City Manager or his/her designee shall schedule consideration of the site plan on an agenda of the Planning and Zoning Commission within thirty (30) calendar days after a complete submission is received. The Planning and Zoning Commission shall review the site plan and shall recommend approval, approval with conditions, or disapproval of the site plan. The approval process of site plans shall be in accordance with Sections 212.009, 212.0091, 212.0093, and 212.0095 of the Texas Local Government Code, as amended. If the Planning and Zoning Commission recommends approval of the site plan it will be forwarded to the City Council for consideration. If the Planning and Zoning Commission conditionally approves or disapproves a site plan the Planning and Zoning Commission shall provide the applicant a written statement of the conditions for the conditional approval or the reasons for disapproval. Each condition or reason must include a citation to the law, including a statute or City ordinance, that is the basis for the conditional approval or disapproval, if applicable. After the conditional approval or disapproval of a site plan, the applicant may submit to the Planning and Zoning Commission a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. A Planning and Zoning Commission that receives a written response shall determine whether to approve or disapprove the applicant's previously conditionally approved or disapproved site plan not later than the 15th day after the date the response was submitted. In the event the Planning and Zoning Commission recommends approval of a site plan, the City Council shall consider the site plan at a public meeting within thirty (30) calendar days after the date the site plan was approved by the Planning and Zoning Commission. The City Council may approve, approve with conditions, or disapprove the site plan. The City Council may also, where appropriate, remand the site plan application back to the Commission for reconsideration if it believes that there is a compelling reason to do so (such as the introduction of significant new facts or testimony). The City Council shall determine final approval or disapproval of all site plan applications. The applicant may extend the thirty (30) day or fifteen (15) day periods described in this subsection if the applicant requests the extension in writing to the Planning and Zoning Commission or City Council, as applicable, and the Planning and Zoning Commission or City Council, as applicable approves the extension request.

(d)

Revisions to the Approved Site Plan.

(1)

Minor revisions/amendment. It is recognized that final architectural and engineering design may necessitate minor changes in an approved site plan. In such cases, the City Manager, or his/her designee shall have the authority to approve minor modifications to an approved site plan and which shall be submitted as an "amended site plan" which substantially conforms to the previously approved site plan, provided that such modifications do not significantly change traffic circulation, building location(s) on the site, proximity of building(s) to nearby residential areas, increase the size or height of building(s), or any other conditions specifically attached as part of the City Council's approval of the site plan. Submission materials and requirements for approval of an amended site plan shall be as determined by the City Manager or his/her designee. If the City Manager or his/her designee refuses to approve an amended site plan, then the applicant shall re-submit the amended site plan as a "revised site plan" as described in Subsection (2) below, whereupon the revised site plan shall be scheduled for consideration by the Planning and Zoning Commission and City Council.

(2)

Major revisions. In the event of revisions that are more extensive in nature and do not conform to the description for minor amendments above, a "revised site plan" must be resubmitted, reviewed by the City Manager or his/her designee and reconsidered by the Planning and Zoning Commission and the City Council in accordance with the site plan review and approval procedures set forth in this Section.

(Ord. No. 2019-111, § 3, adopted 9/24/2019)

The approval of a site plan shall be effective for a period of two (2) years, in accordance with the provisions of Section 245.005 of the Texas Local Government Code, as amended.

(a)

Prior to the lapse of approval for a site plan, the applicant may submit a written petition to the City Manager or his/her designee to extend the time for plan approval. Such petition shall be considered at a public meeting before the Planning and Zoning Commission and a recommendation forwarded to the City Council for action, and then City Council may grant an extension at such meeting. If no petition for extension of site plan approval is submitted, then the plan shall be deemed to have expired and shall become null and void. Any new request for site plan approval shall be deemed a "new project;" shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this article; and shall be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

(b)

In determining whether to grant a request for extension, the City Council shall take into account the reasons for the lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which development regulations would apply to the site plan at that point in time. The City Council shall either extend the site plan or deny the request, in which instance the originally approved site plan shall be deemed null and void. The property owner must thereafter submit a new site plan application for approval as a "new project," and shall conform to the zoning and development regulations then in effect.

(a)

Applicability. Submission and approval of a concept plan, if required, can be the first step in the approval process for a development project, either residential or nonresidential, if the applicant prefers to do so. City review and approval of a concept plan has many benefits for both the City and the applicant. The applicant benefits in that he/she gains preliminary review and scrutiny as well as input and suggestions on the overall conceptual layout of the proposed development from the City's development review team. Approval of a concept plan may also offer the applicant some level of confidence that subsequent plan submissions will be favorably received and approved with few major changes to the project's design and layout provided that the project complies with City regulations. For example, once the site plan and construction plat are submitted for a nonresidential project, unforeseen changes in site layout can prove to be expensive in terms of design and engineering costs and time lost due to major plan revisions. The City benefits in that it is allowed to become familiar with and involved in the project early in the development process. This allows the City to plan for and closely coordinate the provision of public facilities and services, thereby potentially avoiding future problems such as undersized utility lines, inadequate roadway capacities, unanticipated shortfalls in public services, and fiscal inefficiencies resulting from lack of planning and coordination. Submission and approval of a concept plan is mandatory for a zoning request for a Planned Development or Specific Use Permit. Submission and approval of a concept plan is encouraged, but not required, in the following circumstances:

(1)

In conjunction with a zoning or rezoning request for a property that is intended for development;

(2)

Prior to submission of an application for a site plan and/or construction plat for a property that is intended for development; or

(3)

In conjunction with any project where a road is to be established or realigned.

(b)

Purpose. The purpose of a concept plan is to allow opportunity for the Planning and Zoning Commission and City Council to preview various development-related aspects of the project, including proposed major thoroughfare and collector street patterns; land use patterns and trends; environmental issues and constraints; building orientation and massing; conformance to the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance, Future Land Use Plan, Thoroughfare Plan and other applicable plans and guidelines; and the property's relationship to adjoining subdivisions or properties. Review of a concept plan would also assist the City in evaluating the possible impacts of the proposed development in terms of provision of essential public facilities and services, respecting and preserving important natural features and the environment, provision of open space and recreational opportunities, and protecting the general health, safety and welfare of the community.

(c)

Extent of Area that Should be Included in a Concept Plan. When the overall development project is to be developed in phases, the concept plan area shall include the entire zoned property from which the phases are being developed, as well as an approximate development schedule. Where significant natural or man-made features, such as thoroughfares or creeks, make inclusion of the entire property in the concept plan unnecessary to adequately review the items to be shown on a concept plan, the plan may include a smaller study area. Boundaries such as major thoroughfares (existing or proposed), creeks, political subdivisions, or other such natural or man-made features may be used to delineate the smaller study area.

(d)

Procedures and Submission Requirements for Concept Plan Approval. Submission of an application for concept plan approval shall be preceded by a pre-application conference with the City, pursuant to Section 12.167(a). The concept plan shall be prepared by a qualified civil engineer, land planner, architect or surveyor, at a scale no smaller than one inch equals two hundred feet (1" = 200') and on sheets twenty-four inches by thirty-six inches (24" x 36"), and it shall show the following:

(1)

A title block within the lower right hand corner of the concept plan with the proposed name of the project/subdivision, the name and address of the owner/developer and the land planner, engineer architect or surveyor responsible for the design or survey, the scale of the drawing (both written and graphic scale), the date the drawing was prepared, total site acreage, and the location of the property according to the abstract and survey records of Denton County, Texas;

(2)

A vicinity or location map that shows the location of the proposed development within the City, or its ETJ, and in relationship to existing roadways;

(3)

The boundary survey limits of the tract and scale distances with north clearly indicated;

(4)

The names of adjacent subdivisions or the name of the owners of record and recording information for adjacent parcels of unplatted land, including parcels on the other sides of roads, creeks, etc. The concept plan shall include a depiction of all contiguous holdings of the property owners, the existing/proposed uses of the subject property, a general arrangement of future land uses, including the approximate number of lot/tracts and any residential uses anticipated, and a generalized circulation plan for the subject property;

(5)

The existing zoning and existing/proposed uses on adjacent land; the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; any existing easements, including recording information; existing buildings; railroad rights-of-way; topography (contours at five-foot intervals) with existing drainage channels or creeks, including the 100-year flood plain, if applicable; any other important natural features, such as rock outcroppings, caves, wildlife habitats, etc.; all substantial natural vegetation; and adjacent political subdivisions, corporate limits, and/or school district boundaries;

(6)

Proposed strategies for tree preservation, including showing individual trees or tree masses that will be preserved, and the techniques that will be used to protect them during construction;

(7)

The layout and width (i.e., right-of-way lines) of existing and proposed thoroughfares, collector streets and/or intersections, and a general configuration of proposed streets, lot/tracts and blocks, including proposed median openings and left turn lanes on future divided roadways and existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings; and

(8)

A general arrangement of land uses and buildings, including but not limited to proposed nonresidential and residential densities; building heights, square footages, massing, orientation, loading/service areas, recycling containers, compactors and dumpster enclosures, pedestrian walkways, and parking areas; any proposed sites for parks, schools, public facilities, public or private open space; flood plains/drainage ways; and other pertinent development related features.

(e)

Effect of Review. The concept plan shall be used only as an aid to show the anticipated layout of the proposed development, and to assess the adequacy of public facilities or services that will be needed to serve the proposed development. Any proposed use or development depicted on the concept plan shall not be deemed formal authorization or approval by the City until a final site plan is approved for the development. If the applicant chooses to construct only the initial phase(s) of a multi-phase project designated in the concept plan, a new concept plan may be required for site plan approval of subsequent phases, if the proposed development layout, character, or other conditions affecting the development substantially change from one phase to the next. The approved concept plan shall be valid pursuant to the provisions of Section 12.168.