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Anna City Zoning Code

Division 9

Legal Provisions

§ 9.04.075 Relationship.

(a) 
Generally.
See Texas Local Government Code § 211.013 (conflict with other laws). Except as provided in the above-referenced statute, if any provision of this zoning ordinance conflicts with state or federal law, state or federal law controls.
(b) 
Interpretation.
(1) 
Specific provisions control over general provisions.
(2) 
If a conflict exists between different provisions of this zoning ordinance, the most restrictive standard applies.
(3) 
If there are multiple interpretations of this zoning ordinance because the meaning of a provision is unclear, the more restrictive interpretation applies.
(4) 
Any reference to a number in this zoning ordinance includes a fraction of that number, unless otherwise provided.
(5) 
Any reference to a building, structure, tract, block, or lot includes any portion or portions of those features, unless otherwise indicated.
(c) 
Plat restrictions.
(1) 
Nothing in this zoning ordinance invalidates any approved plat restriction, nor any provision of adopted building codes.
(2) 
Building setback lines included in an approved and recorded subdivision plat control over general setback provisions required under the zoning provisions of this zoning ordinance.
(d) 
Building code requirements.
(1) 
No building setback shall be less than that specified for the type of construction proposed by adopted building codes.
(2) 
The Board of Adjustment has no authority to reduce any building setback required under adopted building codes.
(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.076 Private restrictions.

This zoning ordinance does not abrogate any deed restriction, covenant, easement, or any other private agreement or restriction on the use of land. However, if the provisions of this zoning ordinance are more restrictive or impose higher standards than any private restriction, the requirements of this zoning ordinance control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this zoning ordinance, the private restrictions control if properly enforced by a person having the legal right to enforce those restrictions. The city does not enforce private restrictions.
(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.077 Severability.

If any division, section, paragraph, subdivision, clause, phrase, or provision of this zoning ordinance is, for any reason, adjudged invalid or held to be unconstitutional, the invalidity or unconstitutionality of that particular division, section, paragraph, subdivision, clause, phrase, or provision so declared does not affect the validity or constitutionality of the remaining provisions of this zoning ordinance, but the same, and each of them, remain in full force and effect.
(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.078 Repeal of existing ordinances.

(a) 
Any ordinance inconsistent with the terms and provisions of this zoning ordinance is repealed. That repeal, however, is only to the extent of any inconsistency. In all other respects, this zoning ordinance is cumulative of other ordinances regulating the same subject matter.
(b) 
Any inconsistency does not reduce the requirements of those regulations pertaining to fire prevention, health, sanitation, or safety of persons or property enacted by the city. If any restriction, prohibition, or provision of this zoning ordinance conflict with those provisions or any laws of the state, or with regulations of state or federal regulatory bodies having jurisdiction:
(1) 
If the provision of this zoning ordinance is not preempted, the more restrictive restriction, regulation, prohibition, or provision applies; or
(2) 
If the state or federal law preempts a provision of this zoning ordinance, the state or federal law applies.
(Ordinance 1068-2023-08 adopted 8/22/2023)

§ 9.04.079 Effective date.

This zoning ordinance takes effect upon the adoption of the ordinance from which it is derived by the city council. The provisions of this zoning ordinance supersede all other development regulations governing the development of land within the city. All development applications and proposals filed on or after the effective date of the ordinance from which this zoning ordinance is derived, whether for new developments or for add-ons or expansions of existing developments, shall be processed in accordance with the standards and requirements and pursuant to the procedures established in this zoning ordinance.
(Ordinance 1068-2023-08 adopted 8/22/2023)