This document shall be officially known as the "Rowlett Development Code." It also may be called the "Zoning Ordinance," or "the Land Use Ordinance," and is referred to throughout this document as "this Code." This Code shall become effective upon adoption of this Code or any portion thereof, and as thereafter amended.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

This Code is adopted pursuant to the authority granted to home rule municipalities by the State of Texas and the City Charter.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

The provisions of this Code are enacted to protect the public health, safety, morals, and general welfare, and to implement the policies of the Rowlett Comprehensive Plan. The provisions are specifically intended to:

A.

Foster convenient, compatible, and efficient relationships among land uses;

B.

Promote a healthful and convenient distribution of population by regulating and limiting the density of development;

C.

Ensure greater public safety, convenience, and accessibility through the physical design and location of land use activities;

D.

Encourage the efficient use of the available land supply in the city, including redevelopment of underutilized land in central areas;

E.

Promote a balanced supply of commercial, industrial, institutional, and transportation land uses that is compatible with adjacent land uses and has good access to transportation networks;

F.

Preserve the character and quality of residential neighborhoods;

G.

Promote a balanced, diverse supply of affordable, quality housing located in safe and livable neighborhoods;

H.

Ensure that the appearance, visual scale, and orientation of developments are compatible with that of the comprehensive plan and/or goals and objectives of the city council;

I.

Promote the vitality and development of Rowlett's major employment centers, town centers, and its other commercial and mixed-use districts;

J.

Manage congestion in the streets;

K.

Ensure the provision of adequate size of yards, courts, and open space for light, air, and fire safety;

L.

Conserve the value of buildings and land;

M.

Preserve and protect existing trees and vegetation, floodplains, stream corridors, scenic views, and other areas of scenic and environmental significance from adverse impacts of land development;

N.

Encourage development of a sustainable and accessible system of recreational facilities, parks, trails, and open space that meets year-round neighborhood and community-wide needs;

O.

Facilitate the adequate and safe provision of transportation, water, sewage, drainage, schools, parks, and other public facilities;

P.

Provide appropriate development incentives to achieve an economically balanced and diverse community;

Q.

Ensure that service demands of new development will not exceed the capabilities of existing streets, utilities, or other public facilities and services; and

R.

Minimize loss due to destruction by nature or acts of God.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

A.

General. The provisions of this Code shall apply to all land, buildings, structures, and uses thereof located within the City of Rowlett and its extraterritorial jurisdiction, unless an exemption is provided by the terms of this Code or as exempted under Chapter 212 of the Texas Local Government Code.

B.

Application to governmental units. To the extent allowed by law, the provisions of this Code shall apply to all land, buildings, structures, and uses owned by government agencies, including all municipal, state, and federal lands, within the corporate limits of the City of Rowlett and its extraterritorial jurisdiction.

C.

Compliance required. No building or structure shall be erected, converted, enlarged, reconstructed, or altered for use, nor shall any land, building, or structure be used or changed, except in accordance with all of the applicable regulations established by this Code. No lot of record that did not exist on the effective date of this Code shall be created, by subdivision or otherwise, that does not conform to the applicable requirements of this Code, unless allowed by Chapter 77-106, Transitional regulations.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

A.

Conflict with other public laws, ordinances, regulations, or permits. This Code is intended to complement other municipal, state, and federal regulations that affect land use. This Code is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. However, where conditions, standards, or requirements imposed by any provision of this Code are either more restrictive or less restrictive than comparable standards imposed by any other public law, ordinance, or regulation, the provisions that are more restrictive or that impose higher standards or requirements shall govern.

B.

Conflict with private agreements. This Code is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this Code are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this Code shall govern. Nothing in this Code shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this Code. In no case shall the city be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

The purpose of transitional regulations is to resolve the status of properties with pending applications or recent approvals, and properties with outstanding violations, at the time of the adoption of this Code.

A.

Violations continue. Any violation of the previous versions of Chapters 82, 90, 94, 98, or 102 of the Rowlett Code of Ordinances shall continue to be a violation under this Code and shall be subject to the penalties and enforcement set forth in Chapter 77-1000, Enforcement, unless the use, development, construction, or other activity complies with the provisions of this Code. Payment shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered a violation under this Code.

B.

Uses, structures, and lots rendered nonconforming.

(1)

When a lot is used for a purpose that was a lawful use before the effective date of this Code, and this Code no longer classifies such use as an allowed use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by Chapter 77-900, Nonconformities.

(2)

Where any building, structure, or lot that legally existed on the effective date of this Code does not meet all standards set forth in this Code, such building, structure, or lot shall be considered nonconforming and shall be controlled by Chapter 77-900, Nonconformities.

C.

Processing of applications commenced or approved under previous ordinances.

(1)

Pending applications.

(a)

Any complete application that has been submitted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of this Code, and in accordance with Chapter 245 of the Texas Local Government Code, shall within 45 days of the date of acceptance for completeness, be reviewed in accordance with the provisions of the ordinance in effect on the date the application was deemed complete. If the applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of this Code. Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.

(b)

An applicant with an approved pending application may waive review available under prior ordinances through a written letter to the director and request for review under this Code.

(c)

The director, upon finding that the project application is making accepted progress toward the completion of application requirement, may grant an extension to the 45-day permit period as established under Chapter 245 of the Texas Local Government Code.

(2)

Preliminary approvals. An application for which preliminary approval of a plat, right-of-way vacation, variance, deviation, waiver, or minor modification was granted prior to the effective date of this Code may be processed for a final decision in accordance with the preliminary approval, applicable terms of the ordinance in place at the time of preliminary approval, and any other approved permits and conditions, even if the application does not comply with one or more requirements set forth in this Code. Preliminary approvals granted under the previous code may be extended no more than once, and for no longer than 12 months, pursuant to the extension procedures applicable under the previous ordinance.

(3)

Approved projects.

(a)

Conditional use permits, subdivision plats, development plan approvals, grading permits, building permits, sign permits, variances, deviations, waivers, or minor modifications any of which are valid on the effective date of this Code, shall remain valid until their expiration date. Projects with valid approvals or permits may be carried out with the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed.

(b)

Any building or development for which a building permit was granted prior to the effective date of this Code shall be permitted to proceed to construction even if such building or development does not conform to the provisions of this Code.

(c)

If the development for which the building permit is issued prior to the effective date of this Code fails to comply with the time frames for development established for the building permit, the building permit shall expire and future development shall be subject to the requirements of this Code.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 016-09, § 1, 6-2-2009)

A.

If any court of competent jurisdiction invalidates any provision of this Code, then such judgment shall not affect the validity and continued enforcement of any other provision of this Code.

B.

If any court of competent jurisdiction invalidates the application of any provision of this Code, then such judgment shall not affect the application of that provision to any other building, structure, or use not specifically included in that judgment.

C.

If any court of competent jurisdiction judges invalid any condition attached to the approval of an application for development approval, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)