PUBLIC NOTICE: ORDINANCE NO. 2022-03 – AN ORDINANCE OF THE CITY OF PECAN HILL, TEXAS, ENACTING AMENDMENTS TO THE CITY’S ZONING ORDINANCE

Publish one time in the Ellis County Press on Thursday, July 7, 2022.

ORDINANCE NO. 2022- 03

AN ORDINANCE OF THE CITY OF PECAN HILL, TEXAS, ENACTING AMENDMENTS TO THE CITY’S ZONING ORDINANCE AS SET FORTH IN CHAPTER 14 OF THE CITY’S CODE OF ORDINANCES; PROVIDINIG DEFINITIONS FOR “ACCESSORY BUILDING” AND “ACCESSORY USE;” PROVIDING LIMITATIONS ON THE NUMBER OF DWELLING UNITS ON LOTS OF LAND; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION; AND SETTING AN EFFECTIVE DATE.

WHEREAS, the City Council and administrative staff of the City of Pecan Hill (the “City”) periodically reviews the City’s code of ordinances and considers revisions thereto based on various factors, including but not limited to current needs, outdated provisions, clarification of existing provisions, changes in the law, advances in technology, changes in costs and necessary fees, the protection of citizens, efficient administration of the City’s operations, changes in economic conditions, and/or based upon advice of legal counsel; and

WHEREAS, the City Council and administrative staff have reviewed various provisions of the City’s zoning ordinance with the City’s attorney; and

WHEREAS, although the City Council believes the provisions of the zoning ordinance clearly reflect the intent that there shall be only one residential dwelling unit per lot, the City Council finds it in the best interest of the citizens of Pecan Hill to amend certain definitions and provisions to emphasize such regulation and intent; and

WHEREAS, the City Council has not established a planning and zoning commission; and

WHEREAS, the City Council exercises authority relating to zoning regulations and zoning district boundaries under Texas Local Government Code § 211.006(a); and

WHEREAS, the City has given notice of the amendments to the zoning and building regulations contained in this Ordinance in accordance with all provisions of state law; and

WHEREAS, a public hearing on the provisions of this Ordinance before the City Council was held on July 19th, 2022; and

WHEREAS, the City Council finds that this Ordinance advances the public health, safety, and general welfare of the citizens of the City of Pecan Hill, Texas.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PECAN HILL, TEXAS:

SECTION 1. INCORPORATION OF RECITALS. The foregoing recitals hereby are incorporated by reference and made a part hereof as if fully set forth.

SECTION 2. AMENDMENT OF CHAPTER 14, ARTICLE II, SECTION 1, SUBSECTION 1.1., OF THE CODE OF ORDINANCES OF THE CITY OF PECAN HILL. Chapter 14, Article II, Sections 1, Subsection 1.1. of the Code of Ordinances of the City of Pecan Hill is hereby amended to reflect the following definitions of the terms “Accessory Building” and “Accessory Use”:

ACCESSORY BUILDING: A subordinate building located on the same lot as the main building (single-family dwelling) the use of which is incidental to that of the dominant use of the building or premises. A garage, detached or attached, will not be considered an accessory building. A primary residential structure (single-family dwelling) must exist on the lot/parcel before a permit will be issued for any accessory building. Accessory buildings may not be used as, or be converted to, a dwelling accommodation or a business use.

ACCESSORY USE: A use customarily incidental, appropriate, and subordinate to the principal use of land or buildings and located on the same lot therewith. An accessory use does not, and shall not, include a residential use.

Q. Accessory uses, shall include the following and shall be incidental and subordinate to one (1) allowable primary residential building and use per lot/parcel:

SECTION 3. AMENDMENT OF CHAPTER 14, ARTICLE III, SECTION 2, SUBSECTION 2.2.A. OF THE CODE OF ORDINANCES OF THE CITY OF PECAN HILL. Chapter 14, Article II, Section 2, Subsection 2.2.A., of the Code of Ordinances of the City of Pecan Hill is hereby amended to read as follows:

One (1) detached single-family dwelling. There shall be no more than one (1) residential dwelling and use per lot/parcel.

SECTION 4. AMENDMENT OF CHAPTER 14, ARTICLE III, SECTION 3, SUBSECTION 3.2.B. OF THE CODE OF ORDINANCES OF THE CITY OF PECAN HILL. Chapter 14, Article III, Section 3, Subsection 3.2.B., of the Code of Ordinances of the City of Pecan Hill is hereby amended to read as follows:

RESIDENTIAL: One (1) detached single-family dwelling. There shall be no more than one (1) residential dwelling and use per lot/parcel.

SECTION 4. SAVINGS CLAUSE. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances for the City of Pecan Hill, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event, conflicting provisions of such ordinances and Code are hereby superseded.

SECTION 5. SEVERANCE CLAUSE. Should any word, sentence, paragraph, subdivision, clause, phrase, or section of this Ordinance, or of the Code of Ordinances, as amended hereby, be adjudged, or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect.

SECTION 6. EFFECTIVE DATE. Because of the nature of the interests sought to be protected and of the safeguards sought to be provided by this Ordinance, and in the interest of the health, safety, and welfare of the citizens of Pecan, Texas, this Ordinance shall take effect immediately after its passage, approval, and publication as required by law.

SECTION 7. PUBLICATION. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law.

PASSED, APPROVED and ADOPTED by the City Council, the City of Pecan Hill, Texas, on this the 19th day of June, 2022.

/s/ Don Schmerse, Mayor

ATTEST:

/s/ Shelley Martinez, City Secretary

APPROVED AS TO FORM:

/s/ Ron G. MacFarlane, Jr., City Attorney