(a)

The use of land and/or buildings shall be in accordance with those listed in the following use charts. No land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those uses specified in the zoning district in which it is located. The legend for interpreting the permitted uses in the use charts is:

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	Designates use permitted in district indicated
	Designates use prohibited in district indicated
	Indicates use may be approved as Specific Use Provision (also see Section 22-31).

 

See definitions in the appendix (A-3) for further description of uses identified with an asterisk (*).

(b)

If a use is not listed, it is not allowed in any zoning district.

(1)

Pursuant to Ordinance No. O-25-14, commercial fertilizer storage or manufacturing facilities used to produce, transfer, store, or offer for sale bulk ammonium nitrate, bulk ammonium nitrate material and/or anhydrous ammonia shall not be allowed in any zoning district in the city.

a.

Effect on existing uses and inspection of existing facilities.

1.

This amendment shall not apply to any commercial storage or manufacturing facility or other use described by this chapter existing at the time of the adoption of this chapter.

2.

An existing commercial fertilizer storage or manufacturing facility or other business covered by this chapter must comply with any regulation adopted under this chapter if the facility or business moves to a new location after the adoption of the regulations.

3.

The city may inspect a commercial fertilizer storage or manufacturing facility at any time upon reasonable notice, or without notice in exigent circumstances, when necessary to ensure compliance with the city zoning ordinance, all city ordinances, and all federal, state, and local regulations applicable to the storage and sale of ammonium nitrate or anhydrous ammonia by any commercial fertilizer storage facility or manufacturing facility.

(c)

Use chart organization:

(1)

Primary residential uses (use chart 22-32(e))

(2)

Accessory and incidental uses (use chart 22-32(f))

(3)

Utility and service uses (use chart 22-32(g))

(4)

Recreational and entertainment uses (use chart 22-32(h))

(5)

Education, institutional, public, and special uses (use chart 22-32(i))

(6)

Transportation related uses (use chart 22-32(j))

(7)

Automobile and related uses (use chart 22-32(k))

(8)

Office and professional uses (use chart 22-32(l))

(9)

Retail and related service uses (use chart 22-32(m))

(10)

Commercial uses (use chart 22-32(n))

(11)

Industrial and related uses (use chart 22-32(o))

(d)

Classification of new/unlisted uses. It is recognized that new types of land use will develop, and forms of land use not presently anticipated may seek to locate in the City of Athens. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use in the use charts (sections 22-32(e) through 22-32(o)) shall be made as follows:

(1)

Initiation:

a.

A person, city department, the planning and zoning commission, or city council may propose zoning amendments to regulate new and previously unlisted uses.

b.

A person requesting the addition of a new or unlisted use shall submit to the city manager, or his/her designee, all information necessary for the classification of the use, including, but not limited to:

1.

The nature of the use and whether the use involves dwelling activity, sales, services, or processing;

2.

The type of product sold or produced under the use;

3.

Whether the use has enclosed or open storage and the amount and nature of the storage;

4.

Anticipated employment typically anticipated with the use;

5.

Transportation requirements;

6.

The nature and time of occupancy and operation of the premises;

7.

The off-street parking and loading requirements;

8.

The amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated; and

9.

The requirements for public utilities such as sanitary sewer and water and any special public services that may be required.

(2)

The city manager, or his/her designee, shall refer the question concerning any new or unlisted use to the planning and zoning commission requesting a recommendation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by the statement of facts in subsection (d)(1)(b) above. An amendment to this chapter shall be required as prescribed by section 22-10.

(3)

The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use is most similar and should be permitted.

(4)

The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council shall approve or disapprove the recommendation of the planning and zoning commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. If approved, the new or unlisted use shall be amended in the use charts of the zoning ordinance according to section 22-10 (i.e., following notification and public hearing, etc.).

(5)

Standards for new and unlisted uses may be interpreted by the city manager, or his/her designee, as those of a similar use. When a determination of the appropriate zoning district cannot be readily ascertained, the same criteria outlined above (subsection b) shall be followed for determination of the appropriate district. The decision of the city manager, or his/her designee, may be appealed according to the process outlined in subsections 2. through 4. above.

USE CHART
CITY OF ATHENS, TEXAS
ZONING ORDINANCE

Legend for Interpreting Use Charts

(Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-94-19, § 32.9, 8-26-19; Ord. No. 2024-O-158, § 1, 10-14-24)

USE CHART
CITY OF ATHENS, TEXAS
ZONING ORDINANCE

Legend for Interpreting Use Charts

USE CHART
CITY OF ATHENS, TEXAS
ZONING ORDINANCE

Legend for Interpreting Use Charts

(Ord. No. O-19-17, 4-10-17; Ord. No. O-82-19, § 32.4, 7-22-19; Ord. No. 2021-O-076, § 1, 6-28-21; Ord. No. 2023-O-081, § 2, 8-28-23)

USE CHART
CITY OF ATHENS, TEXAS
ZONING ORDINANCE

Legend for Interpreting Use Charts

(Ord. No. 2021-O-076, § 2, 6-28-2021; Ord. No. 2021-O-141, § 1, 10-25-2021; Ord. No. 2024-O-047, § 1, 3-25-24)

USE CHART
CITY OF ATHENS, TEXAS
ZONING ORDINANCE

Legend for Interpreting Use Charts

(Ord. No. 2025-O-063, § 1, 5-27-25 Ord. No. 2025-O-064, § 1, 5-26-25)

USE CHART
CITY OF ATHENS, TEXAS
ZONING ORDINANCE

Legend for Interpreting Use Charts

USE CHART
CITY OF ATHENS, TEXAS
ZONING ORDINANCE

Legend for Interpreting Use Charts

(Ord. No. O-31-17, 8-14-17)

USE CHART
CITY OF ATHENS, TEXAS
ZONING ORDINANCE

Legend for Interpreting Use Charts

(Ord. No. O-92-19, § 32.9, 8-26-19)

USE CHART
CITY OF ATHENS, TEXAS
ZONING ORDINANCE

Legend for Interpreting Use Charts

(Ord. No. O-40-16, 9-12-16; Ord. No. O-11-17, 2-27-17; Ord. No. 2021-O-113)

USE CHART
CITY OF ATHENS, TEXAS
ZONING ORDINANCE

Legend for Interpreting Use Charts

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

USE CHART
CITY OF ATHENS, TEXAS
ZONING ORDINANCE

Legend for Interpreting Use Charts

(Ord. No. O-25-14, 12-8-14; Ord. No. 2023-O-024, § 1, 3-27-23)