The zoning regulations and districts as herein established have been made in accordance with the town's comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the town. They have been 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; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of each district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the town.

( Ord. No. 121415-507 , 12-14-2015)

Zoning districts as herein set forth are established. The town is hereby divided into ten (10) types of districts:

A.

"A" Agricultural District: There exists in certain fringe areas of the city, land which is presently used for agricultural purposes and to which all urban services are not yet available. Those lands should continue to be used for agricultural purposes until needed for urban purposes in conformity with the orderly growth of the city.

B.

"OS" Open Space District: The purpose of this district is to implement the goals of the town to develop and implement a system of parks and recreational opportunities throughout the community that responds to the broad variety of recreational needs of the different age groups and interests of people residing in all areas of the town.

C.

"R" Residential District: The purpose of this district is to provide for single-family residential areas and to protect and conserve them; permitting only limited accessory and supporting uses.

D.

"R2" Residential District Two: The purpose of this district is to provide for residential areas of a slightly higher density than that permitted in the "R" Residential District. Some accessory and supporting uses that do not conflict with the primary purpose of residential use are permitted.

E.

"MH" Trailer Park/Mobile Home District: The purpose of this district is to provide for the development of mobile home residences that promote a residential environment and compatibility with adjoining residential districts.

F.

"TC" Town Core District: The purpose of this district is to create a unique, attractive commercial area that has pedestrian-oriented character and contains a mix of land uses, including specialty shopping, personal services, restaurants, and office spaces.

G.

"NC" Neighborhood Commercial District: This district is intended for retail sale of select convenient goods and services primarily for persons residing in adjacent residential areas such as retail shops, child care facilities, restaurants, and other neighborhood serving uses of a similar land use intensity and physical impact.

H.

"C" Commercial District: The purpose of this district is to provide suitable locations for a wide variety of retail uses and other similar commercial and service activities.

I.

"LI" Light Industrial District: The purpose of this district is to provide suitable areas for industrial and commercial uses protected against intrusion of incompatible residential uses.

J.

"PD" Planned Development District: A PD is intended for projects that demonstrate a higher quality of site design that is more sensitive to the existing context, both built and natural, than is possible under other available zoning districts.

The boundaries of the districts listed above are shown on the attached zoning map. The map and all markings, notations, references and other information shown on said map are as much a part of this chapter as if said map and all notations, references and other information shown thereon were all fully set forth or described herein. The zoning map shall be kept on file at town hall.

( Ord. No. 121415-507 , 12-14-2015)

A.

The use of premises and buildings and the lot area and height of buildings in the town shall be in accordance with the minimum standards hereinafter established. In interpreting and applying the provisions of this chapter, those standards are held to be the minimum requirements for the protection of public safety, health, convenience, comfort, prosperity and general welfare. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

B.

Yards or lot area required for one (1) building or use cannot be used for another building or use.

C.

The size of a lot shall not be reduced below the requirements of this chapter.

D.

All land annexed to the town shall be accompanied by a proposal to zone the affected property to a base zoning district identified in Section 17.04.020. Such zoning district shall be appropriate for the intended final use of the property and in accordance with the comprehensive plan.

E.

Where uncertainty exists with respect to the boundaries of any districts as shown on the zoning map, the following rules shall apply:

a.

Where district boundaries approximately follow property lines, such property lines shall be construed to be such boundaries.

b.

In unsubdivided property here district boundaries do not follow the property lines, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.

c.

Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation; and all areas included in the vacation shall then be subject to all regulations of the extended districts.

d.

Where the streets or alleys on the ground differ from the streets or alleys as shown on the zoning map, the streets or alleys on the ground shall control.

e.

Where uncertainty exists but none of the above apply, the board of adjustment shall determine the location of the district boundary.

( Ord. No. 121415-507 , 12-14-2015)

A.

Purpose: For the purpose of establishing and maintaining sound, stable, and desirable development within the city limits, the official zoning map shall not be amended except to confirm or acknowledge changed or changing conditions in a particular area, or to extend the boundary of an existing zoning district.

B.

Initiation of Amendments. An amendment to the official zoning map may be initiated by:

a.

City council on its own motion;

b.

The town council; or

c.

Application by property owner.

C.

Approval Process. Review and report by town council.

a.

Review and Report by Town Council. The town council shall:

1.

Publish and mail public notice in accordance with V.T.C.A., Local Government Code ch. 211, if the change request involves a zoning reclassification of a property. Notice describing all land subject to the proposed change(s) must be mailed at least eleven (11) days before the public hearing date to all property owners within two hundred (200) feet of the affected property(s), according to the city's most recent tax roll.

2.

The applicant shall have at least one (1) sign erected on the property for which zoning change consideration has been requested. The sign shall have a total area of at least four (4) square feet and shall be located adjacent to streets, if possible. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the city council, or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of hearing and a telephone number for the town of Anthony where dates of the public hearing may be obtained.

3.

Hold a public hearing on the zoning amendment request.

4.

Review the proposed amendment to the official zoning map, subject to the criteria enumerated in subsection (D) below.

5.

Recommend approval, approval with modifications or conditions, or disapproval to the city council.

6.

The function of the town council shall be advisory only.

7.

Give a verbal report to the city council on the date of the scheduled public hearing at city council that includes the rationale for the recommendation, according to the criteria as enumerated in subsection below.

8.

Any action or recommendation that would render a less restrictive change than was originally requested or that would increase the area to be rezoned originally described in the notice, would have to be re-advertised with new notices sent to property owners within two hundred (200) feet of the proposed change.

9.

The city council will serve as the town council if a commission is not appointed.

b.

City Council Action. The city council shall:

1.

Town council can through its own initiative initiate a zoning map amendment. In accordance with V.T.C.A., Local Government Code Ch. 211, sixteen (16) days prior to the public hearing publish a newspaper notice and mail a notice of the proposed change to each property owner whose property is within two hundred (200) feet of the proposed change if any, otherwise this requirement is not required.

2.

Hold a public hearing and if requested by council hear the town council report before rendering a decision on an amendment to the official zoning map. If the commission makes no report within thirty (30) days prior to the meeting, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change.

3.

At least thirty (30) days after the newspaper advertisement is published and notices are sent to property owners if any are required only if and when there are property owners within two hundred (200) feet of the proposed changes, town council votes on the proposed change. A three-fourths (¾) favorable vote of all members is required to approve an amendment if the town council has recommended that the town council disapprove a proposed zoning map amendment, otherwise by majority.

4.

Require a three-fourths (¾) favorable vote of all members to approve an amendment if, in accordance with V.T.C.A., Local Government Code ch. 211.006, a written protest is presented to the town secretary prior to the public hearing for the map amendment. The protest must be written and signed by the owners of at least twenty (20) percent of either a) the area of the lots or land covered by the proposed change; or b) the area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area if any.

c.

By Property Owner (agent). The property owner shall:

1.

The applicant shall make an application with the town council or the building inspector. In accordance with V.T.C.A., Local Government Code ch. 211, sixteen (16) days prior to the public hearing publish a newspaper notice and mail a notice of the proposed change to each property owner whose property is within two hundred (200) feet of the proposed change if any, otherwise this requirement is not required.

2.

Hold a public hearing and discuss the matter and allow the property owner to address the council before rendering a decision on an amendment to the official zoning map. If the there is no commission report within thirty (30) days, prior to the meeting it shall be considered to have made a report approving the proposed amendment, supplement, modification or change.

3.

At least thirty (30) days after if any newspaper advertisement is published and notices are sent to property owners, city council votes on the proposed change. A three-fourths (¾) favorable vote of all members is required to approve an amendment if the town council has recommended that the city council disapprove a proposed zoning map amendment.

4.

Require a three-fourths (¾) favorable vote of all members to approve an amendment if, in accordance with V.T.C.A., Local Government Code ch. 211, a written protest if any is presented to the city secretary prior to the public hearing for the map amendment. The protest must be written and signed by the owners of at least twenty (20) percent of either a) the area of the lots or land covered by the proposed change; or b) the area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area.

5.

The applicant shall have at least one (1) sign erected on the property for which zoning change consideration has been requested. The sign shall have a total area of at least four (4) square feet and shall be located adjacent to streets, if possible. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the city council, or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of hearing and a telephone number for the town of Anthony where dates of the public hearing may be obtained.

D.

Review Criteria. In determining whether to approve, approve with modifications or conditions or disapprove amendments to the official zoning map, the city council shall consider and make findings on the following matters regarding the proposed amendment:

a.

Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood;

b.

Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment;

c.

Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment; and

d.

Availability of water and wastewater facilities suitable and adequate for the proposed use.

E.

Limitation on Reapplication. If an application for rezoning is disapproved by the city council, another application for reclassification of the same property or any portion thereof to the same zoning district shall not be filed within a period of twelve (12) months from the date of final disapproval, unless upon initiation by the town council or city council.

F.

Replacement of Official Zoning Map. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions, the city council shall, by ordinance, adopt a new official zoning map, which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city secretary, and bearing the seal of the town and date under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. _______ of the Town of Anthony, Texas."

( Ord. No. 121415-507 , 12-14-2015; Ord. No. 2020-31-0427 , § 2, 4-27-2020)