This ordinance is known as zoning ordinance of the City of Robinson. References to "this ordinance" are interpreted as references to this zoning ordinance.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

The provisions of this ordinance apply to all land within the city limits.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

Article 12 contains certain definitions used throughout this ordinance. Other definitions are contained in the specific provisions to which the terms relate. Undefined words are as defined in the eleventh (11 ^th ) edition of the Merriam-Webster's Collegiate Dictionary.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

If any provision or application of this ordinance is judged invalid, such judgment does not affect the validity of other provisions or applications of this ordinance not related to the provision or application judged invalid.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

The fees payable for applications and processes as provided for or required by this Code are set by the city council from time to time in the master fee schedule. A schedule of such fees shall be maintained at the planning and development department. Fees must be paid to the city through the planning and development department prior to provision of such by the city.

(Ord. No. 2024-030, § 1, 10-1-24)

This ordinance is established in accordance with the city's comprehensive plan for the purpose of promoting the health, safety and general welfare of the city. It is designed to:

A.

Provide for orderly development;

B.

Lessen the congestion in the streets;

C.

Secure safety from fire, panic and other dangers;

D.

Provide adequate light and air;

E.

Prevent the overcrowding of land and avoid undue concentration of population; and

F.

Facilitate the adequate provision of transportation, water, wastewater, schools, parks and other public requirements.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

This ordinance is adopted with reasonable consideration, among other things, for the character of each zoning district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with a comprehensive plan.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

This ordinance is adopted under authority of the constitution and laws of the State of Texas, including particularly V.T.C.A., Local Government Code chs. 211, 212, 213, 216 and 242, and pursuant to the provisions of the Charter of the city.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

Wherever this ordinance cites a local, state or federal statute that is later amended or superseded, the citation is deemed to refer to the amended statute or the statute that most closely corresponds to the superseded statute.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

The following general rules of statutory construction apply when interpreting this ordinance unless otherwise indicated.

A.

Words in the present tense include the future. The reverse is also true.

B.

Words in the singular number include the plural number. The reverse is also true.

C.

The word "building" includes the word "structure."

D.

The word "lot" includes the words "plot" or "tract."

E.

The words "must," "shall," and "may not" are mandatory and the word "may" is permissive.

F.

The word "district" means zoning district.

G.

Reserved.

H.

The text material of this Code controls over illustrative material.

I.

Unless the context clearly requires otherwise, the use of terms such as "including," "such as," or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.

J.

All references to other city, county, state or federal regulations in this ordinance refer to the most current version and citation for those regulations, unless expressly indicated otherwise. If the referenced regulations have been repealed and not replaced by other regulations, requirements for compliance are no longer in effect.

K.

All references to "days" are to be deemed business days unless otherwise expressly stated. The time in which an act must be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or holiday observed by the city, that day is excluded. A day concludes at the close of business for the Department, and any materials received after that time will be deemed to have been received the following day.

L.

Wherever a provision appears requiring the head of a department or another official or employee of the city to perform an act or duty, that provision is construed as authorizing the department head or official to delegate that responsibility to a designee.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

In construing this ordinance, all provisions are given equal weight, unless the context clearly demands otherwise.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

The city adopts V.T.C.A., Local Government Code ch. 245 by reference, including any future amendments to Chapter 245 that the Texas Legislature adopts, and declares Chapter 245 a part of this ordinance as fully as if the chapter was incorporated into this ordinance in its entirety. Should Chapter 245 be repealed by the Texas Legislature, this section remains in effect for one (1) year from the date of such repeal. During such time, the city council may take action it deems appropriate to provide vested rights protection of ongoing projects.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

It is the intent of the city to consider approval of all development permits, except as provided in this ordinance or by State law, on the basis of those standards and regulations that are in effect on the date that the original application or a master plan for a development was filed. As provided in this section, those "vested rights" accrue on the date of the original application for a development permit for a developmental project or a master plan for real property that gives the city reasonable notice of the project and the nature of the permit being sought. When a particular developmental project requires a series of permits, the city will regard each permit in that project as part of a single series of permits, and subject to the standards and regulations in effect when the first development permit application or a master plan for real property was filed.

B.

While the city provides for the expiration of development permits under certain terms and conditions as provided in section 1.7.3, the city will not shorten the normal life of any permit in the series of permits needed for a developmental project, after the application for the initial permit for that project is accepted as administratively complete by the city, except for those permits specifically excluded from the application of this section by state law. Regardless of the granting of any vested rights to an applicant as provided in this section, an applicant may still take advantage of subsequently adopted changes in standards and regulations that benefit the applicant's project without forfeiting the applicant's vested rights.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

A.

The intent of this section is to provide an expiration date for applications for development permits which otherwise lack an expiration date, in accordance with V.T.C.A., Local Government Code § 245.002(e).

B.

Whenever the city requires the filing of an application for a development permit, no rights shall accrue to the applicant until an administratively complete application, in terms of form and content, is filed with the city. An application for a development permit expires forty-five (45) calendar days after filed with the city, if:

1.

The applicant fails to provide documents or other information necessary to comply with the city's technical standards related to the form and content of the permit application;

2.

The city provides written notice to the applicant within ten business days after the application is filed that specifies what documents or information is missing from the application, and provides the date that the application will expire; and

3.

The applicant fails to provide the document or additional information by the date specified in the city's written notice to the applicant.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

In accordance with Section 245.005, "Dormant Projects," of V.T.C.A., Local Government Code ch. 245, the city adopts an expiration date of two (2) years from the date of issuance of any development permit issued by the city if no progress has been made towards completion of the project, provided that the expiration date of any permit, including the first (1 ^st ) permit and the preliminary plat for a project, in a series of permits required for a project shall not be earlier than the fifth anniversary date of the date of the first (1 ^st ) permit application for the project. Nothing in this section may be deemed to affect the timing or expiration of a permit that the Texas Commission on Environment Quality or its authorized agents have issued solely under the authority of V.T.C.A., Health and Safety Code ch. 366.

B.

For purposes of this section, "progress towards completion of the project," includes any one (1) of the following:

1.

The applicant submits an application administratively complete for a final plat to the planning and zoning commission;

2.

The applicant makes a good faith attempt to file with the planning and zoning commission an administratively complete application for a permit necessary to begin or continue towards completion of the applicant's project;

3.

The applicant has incurred documented costs towards developing the infrastructure needed for the development including but not limited to roadways, utilities or other infrastructure needed to serve, in whole or part, the project;

4.

The applicant posts fiscal security with the city to ensure the applicant's performance of an obligation required by the city; or

5.

The applicant has paid utility connection fees to the city.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

An applicant may request a letter certifying that a project is subject to vested rights, and the planning director must issue such a letter, if the applicant has demonstrated compliance with the following criteria for vested rights under this section or chapter 245:

A.

The applicant used its property or filed an application as provided in V.T.C.A., Local Government Code § 43.002 prior to annexation of that property, and that the regulations against which vested rights are claimed are not subject to an exemption as provided in V.T.C.A., Local Government Code § 43.002(c); or

B.

The applicant filed an application as provided in V.T.C.A., Local Government Code ch. 245 prior to adoption of the regulations against which vested rights are claimed, the regulations against which vested rights are claimed are not subject to an exemption as provided in V.T.C.A., Local Government Code § 245.004, and that the project has not become dormant as defined in V.T.C.A., Local Government Code § 245.005 or section 1.7.4 of this ordinance.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)