This ordinance shall be known and may be cited as "The City of Royse City Zoning Ordinance".

(Ordinance 06-05-503 adopted 5/16/06; Ordinance 10-03-763 adopted 3/9/10)

Unless otherwise directed by the City Council, the City Manager or his/her designee is hereby designated by the City Council as the administrative official to supervise the administration and enforcement of the Ordinance. The City Manager or his/her designee may be provided with the assistance of such other persons or consultants as the City Council may direct.

If the administrative official finds that any of the provisions of this Ordinance are being violated, notification shall be provided, in writing, to the property owner for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The City Manager or his/her designee shall order discontinuance of the violation or shall take any other action authorized by this Ordinance to insure compliance with, or prevent violation of, the provisions of this Ordinance.

(Ordinance 06-05-503 adopted 5/16/06; Ordinance 10-03-763 adopted 3/9/10)

Zoning Regulations and Districts are herein established in accordance with a Comprehensive Plan for the purpose of promoting the health, safety, morals and general welfare of the citizens of the City. They are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land, and to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been established with reasonable consideration for the character of each 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.

(Ordinance 06-05-503 adopted 5/16/06; Ordinance 10-03-763 adopted 3/9/10)

A.

ZONING DISTRICTS IDENTIFIED The City of Royse City, Texas, is hereby divided into zoning districts as listed in the section.

(Ordinance 06-05-503 adopted 5/16/06; Ordinance 10-03-763 adopted 3/9/10)

A.

ZONING DISTRICT BOUNDARIES DELINEATED ON ZONING DISTRICT MAP The boundaries of the zoning districts set out herein are delineated upon the Zoning District Map of the City of Royse City, Texas, said map being hereby adopted as part of this ordinance as fully as if the same were set forth herein in detail.

B.

REGULATIONS FOR MAINTAINING ZONING DISTRICT MAP Two (2) original, official, and identical copies of the Zoning District Map are hereby adopted bearing the signature of the City Manager and attestation of the City Clerk [Secretary] and shall be filed and maintained as follows:

1.

One copy shall be filed with the City Clerk [Secretary], to be retained as the original record and shall not be changed in any manner.

2.

One copy shall be filed with the City Manager or his/her designee and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation in issuing building permits and for enforcing the Zoning Ordinance. A written record (log book) shall be kept by the City Manager or his/her designee of all changes made to the Zoning District Map.

3.

When changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the City Council.

4.

Reproductions of the official Zoning District Map may be made for information purposes.

C.

MAP CERTIFIED The official zoning map shall be identified by the signature of the City Manager, attested by the City Clerk [Secretary] and bear the seal of the City under the following words:

"This is to certify that this is the official zoning map adopted by Ordinance No. _______ of the City of Royse City"

(Ordinance 06-05-503 adopted 5/16/06; Ordinance 10-03-763 adopted 3/9/10)

A.

RULES FOR DETERMINING DISTRICT BOUNDARIES The district boundary lines shown on the zoning district map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

1.

Boundaries indicated as approximately following streets, highways, or alleys shall be construed to follow the centerline of such street, highway, or alley.

2.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lines.

3.

Boundaries indicted as approximately following city limits shall be construed as following city limits.

4.

Boundaries indicated as following railroad or utility lines shall be construed to be the centerline of the right-of-way; if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.

5.

Boundaries indicated as parallel to or extensions of features indicated in above shall be construed. Distances not specifically indicated on the original Zoning Map shall be determined for [from] the graphic scale on the map.

6.

Boundaries indicated as parallel to or extensions of features indicated above shall be construed. Distances not specifically indicated on the original Zoning Map shall be determined from the graphic scale on the map.

Editor's note— The duplicate language in subsections 5 and 6 above is as set out in the ordinance.

7.

Whenever a street, alley or other public way is vacated by official action of the City Council, or whenever a street or alley area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or way, and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

8.

Where physical features of the ground are at variance with information shown on the official zoning district map, or if there arises a question as to how a parcel of property is zoned and such question cannot be resolved by the application of 1 through 7 above, or the zoning of property is invalidated by a final judgment of a court of competent jurisdiction, the property shall be considered as classified A - Agricultural District, temporarily. In an area determined to be temporarily classified as A - Agricultural District, no person shall construct, add or to alter any building or structure or cause the sale [same] to be done, nor shall any use be located therein or on the land which is not permitted in an A - Agricultural District, unless and until such territory has been zoned to permit such use by the City Council. It shall be the duty of the City Council to determine a permanent zoning for such area as soon as practicable.

(Ordinance 06-05-503 adopted 5/16/06; Ordinance 10-03-763 adopted 3/9/10)

A.

PERMANENT ZONING CONCURRENT WITH ZONING An area or areas being annexed to the City of Royse City shall ordinarily be given permanent zoning concurrently with the annexation.

B.

TEMPORARY CLASSIFICATION In instances in which the zoning of an annexed territory concurrently with the annexation is impractical, the annexed territory shall be temporarily classified as A - Agricultural District, until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations. The City Council shall determine a permanent zoning for such area as soon as practicable after annexation.

C.

REGULATIONS IN AREAS TEMPORARILY CLASSIFIED In an area temporarily classified as A - Agricultural District:

1.

No person shall erect, construct, or proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the City of Royse City without first applying for and obtaining a building permit or certificate of occupancy from the City Manager or his/her designee or the City Council, as may be required.

2.

No permit for the construction of a building or use of land shall be issued by the City Manager or his/her designee other than a permit which will allow the construction of a building permitted in a zoning district other than the Agricultural District by the City Council in the manner prescribed by law.

(Ordinance 06-05-503 adopted 5/16/06; Ordinance 10-03-763 adopted 3/9/10)

A.

COMPLIANCE WITH ZONING REGULATIONS REQUIRED All land, buildings[,] structures, or appurtenances thereon located within the City of Royse City which are hereafter occupied, used, erected, altered, removed, placed, demolished, or converted shall be occupied, used, erected, altered, removed, placed, demolished, or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided.

B.

AUTHORITY TO ENTER UPON PRIVATE PROPERTY The City Manager or a designee may, in the performance of his functions and duties under the provisions of this ordinance, enter upon any land and make examinations and surveys as deemed necessary in the administration and enforcement of this ordinance.

C.

BUILDING PERMITS PROHIBITED WITHOUT PLAT No permit for the construction of [or] placement of a building or buildings upon any tract or plot shall be issued unless the plot or tract is part of a plat of record, properly approved by the Planning and Zoning Commission and City Council and filed in the Plat Records of county or counties in which the plot or tract is located.

D.

[RESERVED]

E.

EXCLUSIONS Nothing herein contained shall require any change in the plans, construction, or designated use of a building under construction at the time of the passage of this ordinance and which entire building shall be completed within one (1) year from the date of passage of this ordinance.

F.

ONE MAIN BUILDING ON A LOT OR TRACT Only one main building for one-family or two-family uses with permitted accessory buildings may be located upon a lot or tract. Every dwelling shall face or front upon a public street or approved place other than an alley, which street or approved place shall have a minimum width of twenty-two (22) feet.

G.

REGULATIONS APPLICABLE TO MULTIPLE BUILDINGS Where a lot is used for retail and multi-dwelling purposes, more than one main building may be located upon the lot but only when such buildings conform to all the open space, parking, and density requirements applicable to the uses and districts. Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the City Council. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use.

(Ordinance 06-05-503 adopted 5/16/06; Ordinance 10-03-763 adopted 3/9/10)

A.

ZONING REQUIRED PRIOR TO APPROVAL OF PLAT The City Council shall not approve any plat of any subdivision within the city limits until the area covered by the proposed plat shall have been permanently zoned by the City Council.

B.

ANNEXATION PRIOR TO APPROVAL OF PLAT The City Council shall not approve any plat or any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the city is pending before the City Council unless and until such annexation shall have been approved by resolution by the City Council.

C.

[RESERVED]

D.

CONTEMPORANEOUS ACTION ON ZONING AND ANNEXATION In the event the City Council holds a hearing on proposed annexation, it may, at its discretion, hold a contemporaneous hearing upon the permanent zoning that is to be applied to the area or tract to be annexed. The City Council may, at its discretion, act contemporaneously on the matters of permanent zoning and annexation.

(Ordinance 06-05-503 adopted 5/16/06; Ordinance 10-03-763 adopted 3/9/10)

A.

PROCEDURE FOR CREATING BUILDING SITE/LOT No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract, or building lot has been created by compliance with one of the following conditions:

1.

The lot or tract is part of a plat of record, properly approved by the City Manager, and filed in the plat records of the county and counties in which the lot or tract is located.

2.

The plot, tract or lot faces upon a dedicated street and was separately owned prior to the effective date of this ordinance or prior to annexation to the city, whichever is applicable, in which event a building permit for only one main building conforming to all the requirements of this ordinance may be issued on each such original separately owned parcel.

3.

The plot or tract is all or part of a site plan officially approved by the City Council and compliance has been made with provisions and improvements approved on such site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land. Any and all plots, tracts, or lots must be provided access via a public street or drive.

(Ordinance 06-05-503 adopted 5/16/06; Ordinance 10-03-763 adopted 3/9/10)

A.

GENERAL REQUIREMENTS No permanent structure may be constructed within the city limits prior to issuance of a Building Permit by the City Manager or a designee or a designee [sic]. No permanent structure constructed or otherwise located within the city limits may be occupied prior to issuance of a Certificate of Occupancy by the City Manager or a designee. No change in the existing conforming use of a permanent structure, or of land to a use of a different classification under this ordinance, and no change in the legally conforming use of a permanent structure or of land may take place prior to issuance of a Certificate of Occupancy by the City Manager or a designee.

B.

PROCEDURE FOR NEW OR ALTERED BUILDINGS Plans for any permanent structure to be constructed within the city limits must be approved by the City Manager or a designee who, upon approval, shall issue a Building Permit. Upon submission of a complete application, the City Manager or a designee shall issue a Building Permit. After issuance of a Building Permit and prior to issuance of a Certificate of Occupancy, the City Manager or a designee shall conduct a foundation, plumbing, electrical and framing inspection. After such inspection, the City Manager or a designee shall issue a Certificate of Occupancy if the plans and the results of the inspection comply with the provisions of all applicable ordinances and regulations.

C.

APPLICATION FOR BUILDING PERMIT All applications for building permits shall include plans in triplicate, drawn to scale, showing:

1.

The exact sizes and locations on the lot of buildings already existing, if any

2.

The location and dimensions of the proposed building or alteration by the administrative official, including:

3.

Existing or proposed building or alteration

4.

Number of dwelling units, or rental units, [in] the building being proposed

5.

Conditions existing on the lot

6.

An other information as may be necessary to determine compliance with applicable provisions of the building code and this ordinance.

D.

EXPIRATION OF BUILDING PERMIT If the work described in any approved building permit has not begun within six (6) calendar months from the date of issuance thereof, said permit shall expire. The City Manager or his/her designee shall provide written notice to the applicant thereof together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained.

E.

PROCEDURE FOR VACANT LAND OR A CHANGE IN USE Written application for a Certificate of Occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided, shall be made to said City Manager or a designee. If the proposed use is in conformity with the provisions of this ordinance the Certificate of Occupancy therefor shall be issued within ten (10) days after the application for same has been made.

F.

CONTENTS OF CERTIFICATE OF OCCUPANCY Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies with all provisions of the building and fire laws and ordinances. A record of all Certificates of Occupancy shall be kept on file in the Office of the City Manager or a designee and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.

G.

TEMPORARY CERTIFICATE Pending the issuance of a regular certificate, a temporary Certificate of Occupancy may be issued by the City Manager or a designee for a period not exceeding six (6) months during the completion of alterations or during partial occupancy of a building pending its completion. Issuance of a temporary certificate shall not be construed to alter the respective rights, duties, or obligations of the owner or of the City relating to the use [or] occupancy of the premises or any other matter covered by this ordinance.

H.

CERTIFICATES FOR NONCONFORMING USES A Certificate of Occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this ordinance. Application for such Certificate of Occupancy for a nonconforming use shall be filed with the City Manager or a designee by the owner or lessee of the building or land occupied by such nonconforming use within one (1) year of the effective date of this ordinance. It shall be the duty of the City Manager or a designee to issue a Certificate of Occupancy for a lawful nonconforming use, but failure to apply for such Certificate of Occupancy for a nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the effective date of this ordinance.

(Ordinance 06-05-503 adopted 5/16/06; Ordinance 10-03-763 adopted 3/9/10)

A.

GENERAL INTERPRETATION For the purpose of this ordinance, certain terms and words are defined and shall have the meanings ascribed in this ordinance unless it is apparent from the context that different meanings are intended.

B.

TENSE AND NUMBER Words used in the present tense include the future tense; words in the singular number include the plural number; and words in the plural number include the singular number.

C.

INTERPRETATION OF CERTAIN WORDS The word "person" includes a firm, association, organization, partnership, trust, foundation, company, or corporation as well as an individual; the word "shall" is mandatory, not directory; the word "may" is permissive; the word "used" means "designed, intended, or arranged to be used"; "occupied" means "occupied or intended, designed, or arranged to be occupied." The word "lot" includes the words "plot," "parcel" or "tract of land"; the word "building" includes the word "structure"; the word "including" means "including but not limited to."

(Ordinance 06-05-503 adopted 5/16/06; Ordinance 10-03-763 adopted 3/9/10)

A.

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

— To correct any error in the regulations or map.

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

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

B.

AUTHORITY TO AMEND ORDINANCE The City Council may from time-to-time, after public hearings required by law, amend, supplement, or change the regulations herein provided or the classification or boundaries of the zoning districts. Any amendment, supplement, or change to the text of the Zoning Ordinance and any change in the classification or boundaries of the zoning districts may be ordered for consideration by the City Council, may be initiated by the Planning and Zoning Commission, the City Council, the City Manager or his/her designee, or may be requested by the owner of the affected real property or the authorized representative of an owner of affected real property.

C.

PUBLIC HEARING AND NOTICE Upon filing of an application for an amendment to the zoning ordinance and/or map, the Planning and Zoning Commission shall call a public hearing on said application.

1.

Written notice of such hearing shall be sent to the owner of the property or his agent and to all owners of real property lying within two hundred (200) feet of the property on which the change in classification is proposed, such notice to be given not less than ten (10) days before the date of such hearing, to all owners who have rendered their said property for City taxes as the ownership appears on the last approved City tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the City Post Office. Where property lying within two hundred (200) feet of the property proposed to be changed is located in territory which was annexed to the City after the final date for making the renditions which are included on the last approved City tax roll, notice to such owners shall be given by one publication in the official newspaper at least fifteen (15) days before the time of the hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken.

2.

An application for any change of zoning classification shall include names and addresses of [the owners of] all real property lying within two hundred (200) feet of the property on which the change in classification is proposed. The application shall also include a map showing the parcels within 200 feet of the property to be reclassified, each parcel to include the name of the property owner and legal description.

3.

An applicant for any change of zoning classification, for any amendment to a Planned Development District, or for an issuance or amendment of a Special Use Permit shall prominently post an outdoor sign at the location. Such sign shall state when and where a public hearing shall be held, and such sign shall be posted no later than fifteen (15) days before the date of such hearing. The City shall provide such sign and may charge a fee therefor.

4.

If, at the conclusion of the hearing, the Planning and Zoning Commission recommends amendment of this ordinance to the City Council, said recommendation shall be by resolution of the Planning and Zoning Commission recorded by the affirmative votes of not less than a majority of its total membership present and voting. A copy of any recommended amendment shall be submitted to the City Council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.

5.

If, after public hearing, the Planning and Zoning Commission recommends denial of an application, the applicant may appeal said determination of the Planning and Zoning Commission by filing a written notice of appeal with the City Manager or a designee within ten (10) days after the determination of the Planning and Zoning Commission.

6.

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

D.

ACTION OF THE CITY COUNCIL

1.

If the Planning and Zoning Commission has recommended approval of an application or if the Planning and Zoning Commission has recommended denial of an application and a notice of appeal has been filed pursuant to 1-12.C [1-13.C], the City Council shall set said application for public hearing and shall give notice of the time and place of the hearing by one (1) publication in the official newspaper at least fifteen (15) days prior to such hearing, and in addition shall send written notices to the owner of the property or his agent, and to all property owners of real property lying within two hundred (200) feet of the subject property pursuant to Section 1-12.C.2 [1-13.C.2].

2.

If the Planning and Zoning Commission has recommended to the City Council that a proposed amendment be disapproved, the City Council may refuse to adopt the amendment by a simple majority vote of the Councilmen present and voting. However, in order to adopt the amendment which has been recommended for disapproval by the Planning and Zoning Commission, the amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Council of the City of Royse City present and voting.

3.

When the Planning and Zoning Commission has recommended to the City Council that a proposed amendment be approved, the City Council may disapprove the petition or application for amendment by a simple majority vote of the City Councilmen present and voting. In the event of a tie vote of the City Councilmen present and voting, the mayor may cast the deciding vote.

4.

In the case of a protest against an amendment to the ordinance signed by the owners of twenty percent (20%) or more, either of the area of the lots or land immediately adjoining the area included in the proposed change and extending two hundred (200) feet from that area, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Council of the City of Royse City.

5.

In making its determination, the City Council may consider the following factors:

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

6.

In considering a motion to deny a zoning application, or upon voting to deny a zoning application, the City Council shall further consider whether said application shall be denied with or without prejudice against refiling. If the City Council shall deny the application and fail to clearly state the same is being denied with prejudice, then it shall be deemed that said application is being denied without prejudice against refiling. If an application is denied with prejudice, no application may be filed for all or part of the subject tract of land for a period of one (1) year from the date of denial by the City Council. If it is determined by the Planning and Zoning Commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given Agricultural zoning is exempt from the one-year waiting period.

E.

LIMITATION OF RESUBMISSION OF PETITION

1.

In cases when the application for an amendment to the Zoning Ordinance is denied by the Planning and Zoning Commission, and no appeal therefrom is taken to the City Council, or in cases when an application for an amendment to the Zoning Ordinance is denied by the City Council (in either of said events), said application shall not be eligible for reconsideration for one (1) year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the Planning and Zoning Commission, to be eligible for consideration within one (1) year of the denial of the original application.

2.

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

F.

FINAL APPROVAL AND ORDINANCE ADOPTION If the amending ordinance is not approved within six (6) months from the time of its original consideration, the zoning request, at the option of the City Council, may be recalled for a new public hearing.

G.

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

(Ordinance 06-05-503 adopted 5/16/06; Ordinance 10-03-763 adopted 3/9/10; Ordinance 23-05-1575 adopted 5/23/2023; Ordinance 23-10-1607 adopted 10/10/2023)

A.

CREATION, MEMBERSHIP AND PROCEDURES

1.

Zoning Board of Adjustment Established: A Zoning Board of Adjustment is hereby established in accordance with the provisions of Texas Local Government Code, § 211.008, as amended, regarding the zoning of cities and with the powers and duties as provided in said Code.

2.

Membership: The Zoning Board of Adjustments shall consist of five (5) citizens of Royse City, each to be appointed or reappointed by the City Council and confirmed by the City Council.

3.

Terms of Office: Members of the Board shall serve for staggered terms of two (2) years each. Three (3) members shall serve until January 1 of odd-numbered years, as heretofore appointed, and two (2) members, as heretofore appointed, shall serve until January 1 of even-numbered years, and thereafter each member reappointed for each new appointee shall serve for a full term of two (2) years unless removed as hereinabove provided.

4.

Quorum: A quorum shall consist of three (3) members to convene and conduct administrative action. However, four (4) members are necessary to hear testimony and action on any quasi-judicial matter before the board.

5.

Alternate Members: The City Council may appoint four (2) [sic] alternate members of the Board who shall serve in the absence of one or more of the regular members when requested to do so by the Chairperson of the Board, so that all cases to be heard by the Board will always be heard by a minimum number of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two (2) years, and any vacancy shall be filled in the same manner and they shall be subject to removal by the same means and under the same procedures as the regular members.

6.

Vacancies: Vacancies shall be filled by the City Council for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made.

7.

Chairperson: The Board shall elect its own Chairperson, who shall serve for a period of one (1) year or until a successor is elected.

8.

Hearings: The hearings of the Board shall be public. However, the Board may go into executive session for discussion, but not for vote on any case before it. The Board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any permit is pending, and shall also hear any other parties in interest.

9.

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

B.

RULES AND REGULATIONS:

1.

Minutes: The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such vote, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Manager or a designee and shall be public record.

2.

Board Action: The Board shall act by resolution in which four (4) members must occur [concur].

3.

Additional Rules and Regulations: The Board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of the ordinance, and shall furnish a copy of the same to the Zoning Administrator and the City Manager or a designee, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.

C.

POWERS AND DUTIES OF THE BOARD The Board of Adjustment shall have the powers and exercise the duties of a Board in accordance with Texas Local Government Code Chapter 211.009(a)[.] Board Members are representatives of the City and may:

1.

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 ordinance;

2.

hear and decide special exceptions to the terms of the zoning ordinance;

3.

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

4.

hear and decide other matters authorized by the Council.

D.

LIMITATION ON REAPPLICATIONS: When the Board has denied a proposal, no new applications of similar nature shall be accepted by the Board or scheduled for twelve (12) months after the date of Board denial. Applications which have been withdrawn, at or before, the Board meeting may be resubmitted at any time for hearing before the Board.

E.

VOTE OF FOUR MEMBERS REQUIRED: The concurring vote of four members of the Board is necessary to:

1.

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

2.

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

3.

authorize a variation from the terms of a zoning ordinance.

F.

APPEALS

1.

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

2.

Stay of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from unless the City Manager or a designee shall certify to the Zoning Board of Adjustment that, by reason of facts in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted or by [sic] a court of equity, after notice to the office from whom the appeal was taken.

3.

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

4.

Decision by Board: The Board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The Board may reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.

G.

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

1.

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

2.

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

3.

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

(i)

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

(j)

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

(k)

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

H.

AUTHORIZED SPECIAL EXCEPTIONS The Board shall have the power to hear and decide special exceptions in the districts indicated below, subject to full and complete compliance with any and all conditions listed, together with such other conditions as the Board may impose for protection of the public health or safety:

I.

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

It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official, that such questions shall be presented to the Board only on appeal from the decision of the City Manager or his/her designee and that recourse from the decisions of the Zoning Board of Adjustment shall be to the courts as provided by the laws of the State of Texas.

(Ordinance 06-05-503 adopted 5/16/06; Ordinance 12-08-904, sec. 2, adopted 8/14/12; Ordinance 20-02-1360, sec. 3, adopted 2/25/20)

There is hereby created a Planning and Zoning Commission which shall be organized, appointed and function as follows:

A.

MEMBERS The Planning and Zoning Commission shall consist of seven members appointed by the City Council of the City of Royse City. In addition to any other qualifications prescribed by law, each member of the Planning and Zoning Commission must be reside in the City of Royse City while in office.

B.

TERMS Members of the Board shall serve for staggered terms of two (2) years each. Three (3) members shall be appointed on October 1 in odd-numbered years, and two (2) members, shall be appointed on October 1 of even-numbered years.

C.

VACANCIES Vacancies shall be filled for the unexpired term of any member whose place becomes vacant, for any cause, in the same manner as the original appointment was made.

D.

QUORUM Four members of the Planning and Zoning Commission shall constitute a quorum and the affirmative majority vote of the quorum shall be necessary for passage of any recommendation to the City Council.

E.

PROCEDURES

1.

The officers of the Planning and Zoning Commission shall be the Chairperson, Vice-chairperson and the Secretary. These officers shall be chosen by the Planning and Zoning Commission for one-year terms beginning at the start of every calendar year.

2.

The Chairperson shall preside over all meetings of the commission,[.] The Vice-Chairperson shall preside in the absence of the Chairperson.

3.

Meetings shall be not less than once a month or as the Chairperson determines necessary.

4.

[4.]The Commission shall keep minutes of its proceedings which shall be of public record.

F.

[RESERVED]

G.

POWERS AND DUTIES The Planning and Zoning Commission is hereby authorized to:

1.

Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the State of Texas and of the City.

2.

Recommend to the city council approval or disapproval of proposed changes in this Ordinance and the zoning map;

3.

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

4.

Formulate a zoning plan as may be deemed best to carry out the goals of the city plan; hold public hearings and make recommendations to the City Council relating to the creation, amendment, and implementation of zoning regulations and districts as provided in Title 7 of the Local Government Code, as amended, authorizing cities and incorporated villages to pass regulations; all powers granted under said Act are specifically adopted and made a part hereof.

5.

Recommend to the City Council approval or disapproval of plans, plats or replats. The final approval or disapproval of plans, plats or replats shall be made by the City Council. Exercise all other powers of a commission as to approval or disapproval of plans, plats or replats set out in Title 7 of the Local Government Code.

6.

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

7.

Study and recommend on the general design and location of public buildings, bridges, viaducts, street fixtures and other structures and appurtenances. Study and recommend on the design or alteration and on the location or relocation of works of art, which are, or may become, the property of the city.

8.

Initiate, in the name of the city, for consideration at public hearing all proposals: (a) for the opening, vacating or closing of public rights-of-way, parks or other public places; (b) for the change of zoning district boundaries on an areawide basis. No fee shall be required for the filing of any such proposal in the name of the city.

9.

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

10.

Recommend to the City Council approval or disapproval of special use permit requests.

H.

PUBLIC HEARINGS The Planning and Zoning Commission is authorized to conduct public hearings jointly with the City Council or separately as a Commission as deemed necessary.

Public Hearings shall be held in accordance with Section 211.006(a) of the State of Texas Local Government Code.

(Ordinance 06-05-503 adopted 5/16/06)

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

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

The

exact charge for the following services may be obtained from the City staff:

1.

For docketing a zoning petition with the Planning and Zoning Commission of the City of Royse City.

2.

For docketing an application for relief with the Board of Adjustment of the City of Royse City.

(Ordinance 06-05-503 adopted 5/16/06)

Any violation of this ordinance shall be a misdemeanor and each day that said violation occurs shall be a separate misdemeanor and the penalty for violating the provisions of this ordinance shall be a fine of not less than Fifty Dollars ($50.00) and not to exceed Two Thousand Dollars ($2000.00).

(Ordinance 06-05-503 adopted 5/16/06)

If any section, subsection, or phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, district and independent provision and such holdings shall not affect the validity of the remaining portions thereof.

(Ordinance 06-05-503 adopted 5/16/06)