An ordinance of the City of Athens, Texas, amending the Comprehensive Zoning Ordinance of the City of Athens, Ordinance No. A-200, adopted on the 17 ^th day of October, 1962, together with amendments thereto (including Ordinance No. A-1012, adopted on the 12 ^th day of July, 1982), together with all amendments thereto; establishing and providing zoning and development regulations; creating use districts in accordance with the comprehensive plan approved by city council; regulating within such districts the height of buildings and structures, the size of yards courts and open spaces, and the height, bulk and use of buildings and land for commerce, industry, residence and other purposes; providing for specific use provisions; specifying minimum requirements for off-street parking of motor vehicles and off-street loading areas; providing minimum required floor areas for dwelling units and the type of exterior construction within certain zoning districts; regulating the density of dwellings and other structures and the percentage of each lot that may be occupied by structures; adopting performance standards for industry; establishing the basis for creating a building site; providing for site plan approval; providing fence and wall regulations; providing special access standards; adopting a zoning district map and making it a part of this chapter, together with all symbols, markings and tables appearing on said map and within the ordinance; creating a board of adjustment and defining its powers and duties; providing for a penalty for violation; providing for non-conforming uses and a method of discontinuance thereof; defining certain terms as used within this chapter; providing for a certificate of occupancy and compliance; authorizing publication of the descriptive caption and penalty clause; providing for a penalty not to exceed two thousand dollars ($2,000.00) for each and every offense; providing a savings clause; preserving rights in pending litigation regarding violations under the existing ordinance; and including an appendix with definitions.

This chapter is hereby adopted as the Comprehensive Zoning Ordinance of the City of Athens, Texas. the previous zoning ordinance of the city, Ordinance No. A-200, adopted on the 17 ^th day of October, 1962, together with amendments thereto (including Ordinance No. A-1012, adopted on the 12 ^th day of July, 1982), is hereby amended, repealed and replaced in its entirety by this chapter to read as follows:

This chapter shall be known and may be cited as the City of Athens' "Comprehensive Zoning Ordinance" or "Zoning Ordinance".

As authorized by V.T.C.A., Local Government Code ch. 211, the zoning regulations and districts as herein established have been made in accordance with an adopted comprehensive plan for the purpose of promoting the public health, safety, morals and general welfare, and protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the city. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of land and thus avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of each zoning 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.

The city is hereby divided into zones, or districts, and the boundaries of zoning districts set out herein are delineated upon the zoning district map of the city, which may also be cited as the "Zoning Map", said map being adopted as a part of this chapter as fully as if the same were set forth herein in detail.

(1)

One original of the zoning district map shall be filed in the office of the city secretary and labeled as "Zoning Map of the City of Athens, Texas—Ordinance No. O-12-01". This copy shall be the official zoning district map and shall bear the signature of the mayor, attested by the city secretary, and shall bear the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 3 of the zoning ordinance, Ordinance No. O-12-01 of the City of Athens, Texas, adopted on the 23 ^rd day of April, 2001". This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.

(2)

A copy of the original zoning district map shall be placed in the office of the city manager, or his/her designee. The map copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Reproductions for informational purposes may only be made of the official zoning district map or this copy.

Any changes/amendments made to the zoning district boundaries shall be made on the map copy after the amendment has been approved by the city council, together with a descriptive entry on the map as follows: "On the ___th day of ___________, 20___, by official action of the City Council of Athens, Texas, the following change(s) was made on the City's official Zoning District Map: ___________(enter a brief description of the nature of the change), Ordinance No. ___________, effective date ___________, 20___". The descriptive entry shall be signed by the mayor and attested by the city secretary.

(a)

The zoning 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 zoning district map, the following rules shall apply:

(1)

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

(2)

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

(3)

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

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

(5)

Boundaries indicated as following the centerline of creeks, streams or drainageways shall be construed to follow such centerline, and in the event of change in the centerline shall be construed to move with such centerline.

(6)

Boundaries indicated as parallel to or extensions of features indicated with subsections (a) through (e) above shall be so construed. Distances not specifically indicated on the zoning district map shall be determined by the scale of the map.

(7)

Whenever any street, alley or other public way is vacated by official action of the city council or whenever such 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 public way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

(8)

The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street unless, as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.

(9)

Where physical features on the ground are at variance with information shown on the zoning district map, or if there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections (a) through (h), or if the zoning of property is invalidated by a judgment of a court of competent jurisdiction, the property shall be considered classified as "A" (Agriculture district) in the same manner as provided for newly annexed territory.

(a)

All land, buildings, structures or appurtenances thereon located within the City of Athens, Texas which are hereafter occupied, used, constructed, erected, removed, placed, demolished, and/or converted shall be occupied, used, erected, altered, removed, placed, demolished and/or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located, as hereinafter provided, or such shall be subject to penalties as per section 22-44 of this chapter. All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise.

(b)

No uses shall be allowed which are prohibited by state or federal law or which operate in excess of state or federal environmental, pollution or performance standards as determined by the U.S. Environmental Protection Agency (EPA), Texas Air Control Board (TACB), Texas State Department of Health (TSDH), The Texas Natural Resource Conservation Commission (TNRCC), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), or any other applicable state or federal agency, as the case may be.

(c)

No lot upon which a building has been erected shall later be so reduced in area that the setbacks, yards and/or open spaces shall be smaller than those required by this chapter, nor shall a part of a yard or other open space required by this chapter for any building/lot be included as a part of a yard or other open space similarly required for another building/lot.

(d)

No building shall hereafter be erected or altered:

(1)

That is not in conformance with these zoning regulations; or

(2)

To accommodate or house a greater number of families than is specified within this chapter for the zoning district in which such building is located.

(e)

Temporary storage of any structure shall be prohibited unless specifically permitted by a separate city ordinance or permit. Licensed manufactured home sales and display establishments are exempt from this provision for the purpose of storing and displaying manufactured homes.

(Ord. No. O-08-03, 3-24-03)

(a)

As soon as practical following annexation, but in no event more than one hundred twenty (120) days thereafter, the city council shall, on its own motion, initiate proceedings to establish Agricultural ("A") zoning on the newly annexed territory, thereupon the city manager, or his/her designee, shall commence public notification and other standard procedures for zoning amendments as set forth in section 22-10 of this chapter. Said proceedings to establish zoning may be undertaken concurrently with annexation procedures (i.e., notified at the same time, public hearings scheduled at the same time as annexation, etc.), however zoning approval and formal adoption of the ordinance establishing zoning must occur after annexation approval/adoption has occurred and as a separate and distinct city council action.

(b)

The city council may, upon its own motion, elect to zone newly annexed territory with a zoning classification (e.g., for single-family, multi-family, retail, etc.) other than the Agricultural ("A") zoning designation upon a determination that such zoning is in conformance with the city's adopted comprehensive plan, is the most appropriate zoning classification for the subject property, is in the best interest of the City of Athens, and is not detrimental to adjacent property or to the public health, safety and welfare.

(c)

The initial zoning of a land parcel, whether it is interim in nature, by initiation of the landowner or by initiation of the city, must meet the requirements for notification and public hearings as set forth in section 22-10 of this chapter and all other applicable state laws.

(d)

The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of the petition for annexation, but no such annexation application may be made conditioned upon the approval of any particular zoning classification.