Blooming Grove, TX Zoning Ordinance

Blooming Grove City Zoning Code

ARTICLE 1

GENERAL PROVISIONS

§ 1 Title.

This ordinance shall be known, cited and referred to as the “Zoning Ordinance of the City of Blooming Grove.”

(Ordinance 348 adopted 6/19/18)

§ 2 Interpretation of Ordinance.

When interpreting and applying the provisions of this ordinance, such provisions shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare.

Conflict with Other Laws.

Nothing in this ordinance shall be construed as repealing any existing ordinance regulating nuisances or as permitting or requiring uses that are now prohibited by law.

District Boundaries.

When definite distances in feet are not shown on the Zoning District map, the district boundaries on the map are intended to be along existing streets, alleys or property lines or extensions of or from the same. When the location of a district boundary line is not otherwise specified, it shall be determined by scaling on the Official Zoning map and measuring from a given line.

Discrepancies in Map.

Where the street layout on the ground varies from the street layout as shown on the zoning district map, the Board of Adjustments may apply the designations shown on the mapped streets in such a way as to carry out the intent and purpose of the plan for the particular area in question.

Pre-Existing Legal Status.

No building, structure or use which was not lawfully existing at the time of adoption of this ordinance shall be, become or be made legal solely by the adoption of this ordinance.

(Ordinance 348 adopted 6/19/18)

§ 3 Severability of Zoning Provisions.

It is hereby declared to be the intention of the city council of the city that the provisions of this ordinance are severable. If any court of competent jurisdiction shall judge any provision of this ordinance to be invalid, such judgment shall not affect any other provision of the ordinance not specifically included in said judgment. If any court of competent jurisdiction shall judge invalid the application of any provision of this ordinance to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.

(Ordinance 348 adopted 6/19/18)

§ 4 Rules for Words & Phrases.

The zoning regulations and districts provided herein have been established in accordance with a comprehensive plan, for the purpose of promoting the health, safety, morals, and general welfare of the citizens of the City of Blooming Grove. 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; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district and for its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City of Blooming Grove, Texas consistent with a comprehensive plan.

General Interpretation.

For the purpose of this ordinance, certain terms and words are defined and shall have the meanings ascribed in this ordinance unless it is apparent from the context that different meanings are intended.

Tense and Number.

Words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number;

Interpretation of Certain Words.

The word “shall” is mandatory not directory; the word “may” is permissive; the word “person” includes a firm, association, organization, partnership, trust, foundation, company, or corporation as well as an individual; the word “used” means designed and intended or arranged to be used; the word “building” includes the word “structure”; the word “lot” includes “building lot” or “parcel.” The term “occupied” means “occupied or intended to be occupied, or arranged or designed for occupancy.” The word “including” means “including but not limited to.” Wherever this ordinance imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of this ordinance shall govern.

(Ordinance 348 adopted 6/19/18)

§ 5 Districts Established.

The city is hereby divided into three (3) classes of use districts, such districts being of the shapes and areas deemed best suited to carry out the purpose and intent of this ordinance, and are named as follows:

“R”	Single-Family Residential District
“C”	Commercial District
“I”	Industrial, Manufacturing and Warehousing District

(Ordinance 348 adopted 6/19/18)

§ 6 Zoning District Map.

Official Zoning Map.

The boundaries of the districts are as shown on the official Zoning District Map, which is hereby adopted and made a part of this ordinance. It shall be the duty of the city secretary or his authorized representative to keep the map current by marking or otherwise indicating on it the changes of the district boundaries and of uses as a result of amendments to this ordinance.

Questions Regarding Boundaries.

Where uncertainty arises with regard to the boundaries of districts as shown on the map, the following rules shall apply:

Boundaries indicated as approximately following the centerlines of streets, highways, alleys, streams, or property lines shall be construed as following such centerlines;

Boundaries indicated as approximately following city limit lines shall be construed as following such lines;

Boundaries indicated as parallel to or extensions of features indicated in rule 1 and 2 above shall be so construed. Distances not specifically indicated on the map shall be determined by the scaling on the map.

Where physical or cultural features existing on the ground are at variance with those shown on the map or in other circumstances not covered by these rules, the city council shall interpret the district boundaries.

(Ordinance 348 adopted 6/19/18)

§ 7 General Provisions Residential Districts.

Non-Applicability of Area Regulations to Certain Lots.

The required minimum lot width and the required minimum lot area for any Single-Family Residential District shall not apply to any individual lots of record that was platted prior to the adoption of this ordinance.

(Ordinance 348 adopted 6/19/18)

§ 1 General Definitions.

Accessory Structure-

A structure housing or constituting an accessory use (a subordinate use on the same lot with the principal use, and incidental and accessory thereto). Accessory structures include but are not limited to: telecommunications towers, windmills, and storage sheds.

Administrative Official-

The authority charged with the administration and enforcement of this ordinance, or his/her authorized representative.

Appraised Value-

The current appraised building value as established by Navarro County Appraisal District (N.C.A.D.).

Basement-

A building story which is partly underground but may have at least one-half (1/2) of its height above the average level of the adjoining ground.

Block-

Property abutting on one side of a street and lying between the nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such street.

Board-

Board of Adjustments.

Building-

Any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind.

Building Ends-

Those sides of a building having the least dimension as compared to the front or rear of a building. As used herein for the building spacing regulations for multiple-family dwelling, a building end shall be interpreted as being the most narrow side of a building regardless of whether it fronts upon a street, faces the rear of the lot or is adjacent to the side lot line or another building.

Building Line-

A line parallel or approximately parallel to the property line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected.

Building Official-

(See Administrative Official.)

Carport-

A structure built and used for the shelter and protection of motor vehicles against the elements and consisting of a roof and supports, open on three sides from roof to adjacent ground level in residential districts.

Certificate of Occupancy and Compliance-

An official certificate issued by the city through the enforcing official that indicates conformance with or approved conditional waiver from the zoning regulations and building codes and authorizes legal use of the premises for which it is issued.

Commission-

The Planning and Zoning Commission of the City or the City Council as it functions in the capacity of the Planning and Zoning Commission.

Council-

The governing body of the City.

Coverage-

The percent of a lot or tract covered by the roof or first floor of a building.

Customarily Incidental Use-

A use of a building or premises, not involving the conduct of a business, which use is only secondary to the principal use and is necessary to the enjoyment of the premises for any of the principal uses permitted within a zoning district. A customarily incidental use may include a customary home occupation.

Development Site-

The tract of land on which a developer constructs physical improvements. In most cases, this involves subdividing one larger tract into a number of smaller parcels and constructing at least the infrastructure associated with the project.

District-

A zoning district; a section of the city for which the regulations governing the area, height, and use of buildings and land are uniform.

DU-

Abbreviation for dwelling unit.

DU/A-

Abbreviation for dwelling unit per acre.

Dwelling Unit-

A room or a group of rooms including cooking accommodations, occupied by one (1) family, and in which not more than two (2) persons, other than members of the family, are lodged or boarded for compensation at any one time.

Essential Services-

The erection, construction, alteration, or maintenance by public utilities or by governmental departments or commissions of such underground or overhead gas, electrical, steam, or water transmission or distribution systems and structures, collection, communication, supply or disposal systems and structures, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, streetlights, traffic signals, hydrants and other similar equipment, and accessories in connection therewith, but not including buildings or microwave radio relay structures, as are reasonably necessary for the furnishing of adequate service by such public utilities or governmental departments or commissions or as are required for protection of the public health, safety, or general welfare. For the purpose of this definition, the word “building” does not include “structures” for essential services.

Family-

Any number of persons living together as a single, nonprofit housekeeping unit in which not more than 4 individuals are unrelated by blood, marriage or adoption, but not including a group occupying a hotel, boarding house, club, dormitory, fraternity or sorority house.

Fence-

A structure that functions as a barrier or boundary, usually constructed of posts, boards, wires, rails, or masonry.

Floodplain-

An area designated by FEMA that is subject to inundation.

Floor Area-

The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports and garages; also called living area.

Floor Area Ratio (FAR)-

The ratio between the total square feet of floor area in a structure and the total square feet of land within the lot or tract on which the structure is located.

Grade-

When used as a reference point in measuring height of building, the “grade” shall be the average elevation of the finished ground at the exterior walls of the main building.

Ground Floor Area-

The living area of a building including the walls thereof, but excluding all porches, open breezeways, and garages.

Hard, All-Weather Surface-

Cement, asphalt, brick and other commonly accepted pavement which may be approved by the building official.

Height of Building-

The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to a point midway between elevation of the eaves and elevation of the ridges, for gable, hip, and gambrel roofs. See image below for example.

Impervious Coverage-

Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land.

Improved Surface-

Surfaces constructed of concrete or asphalt in accordance with the City of Blooming Grove’s standards as set forth in the Code of Ordinances.

Infrastructure-

Structures which provide the foundations for superstructures or which provide services for building structures or for other utility purposes, for example, streets, water and sewer lines and their appurtenances, and storm drain systems.

Institution-

A building occupied by a nonprofit corporation, a nonprofit establishment for public use.

Local Utility Line-

The facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, electric power, telephone or television service.

Lot Area-

The entire parcel of land occupied or to be occupied by a main building and its accessory buildings, or by a group such as a dwelling group or automobile court and their accessory buildings, including the yards and open spaces required therefore by this ordinance and other applicable law.

Lot, Corner-

A lot abutting on two (2) intercepting or intersecting streets where the interior angle of intersection or interception does not exceed one hundred thirty-five degrees (135°). See image below for example.

Lot Coverage-

The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.

Lot Depth-

The average depth from the front line of the lot to the rear line of the lot.

Lot, Double Frontage-

A lot, other than a corner lot, which is contiguous to two (2) streets, and which, therefore, has two (2) front yards (same as a through lot). See image above for example.

Lot, Interior-

A lot other than a corner lot. See image above for example.

Lot Line-

A boundary of a building lot.

Lot Line, Front-

The boundary between a lot and the street on which it fronts.

Lot of Record-

A lot which has been recorded in the office of the county clerk.

Lot, Reverse Corner-

A corner lot, the rear lot line of which abuts the side lot line of the lot adjacent to it.

Lot, Through-

A lot having its front and rear lines on different streets (same as a double frontage lot). See image above for example.

Lot Width-

The horizontal distance between the side lot lines of a lot, measured at right angles to the depth at the front building line.

Main Building-

A building in which the principal use of the lot on which the building is located is conducted.

Manufactured Housing-

Shall be defined and differentiated by the following:

Manufactured Housing means either a mobile home or a HUD-Code manufactured home.

Mobile Home is as defined by the Texas Occupations Code.

HUD-Code Manufactured Home is as defined by the Texas Occupations Code.

Nonconforming Use-

A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated.

Open Space, Common Open Space, Permanent Open Space-

Open Space is that land area that is relatively free of man-made structures, where water bodies, land forms, and vegetation predominate; Common Open Space is that open space which is owned, used, or operated and maintained for the common benefit of the inhabitants of a development; Permanent Open Space is that open space land which is legally restricted to park, floodplain, or other open space usage; or which is publicly owned and utilized as open space.

Parking Lot Space-

A hard, all-weather surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile together with the surfaced driveway connecting the parking space with the street or alley and permitting ingress or egress of an automobile. A parking lot space shall not occupy any public land or right-of-way.

Particular [Particulate] Matter-

Any material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions when released into the atmosphere.

Recreational Area-

An area devoted to facilities and equipment for recreational purposes, swimming pools, playgrounds, clubhouses, and other similar uses.

Recreational Vehicle-

A vehicle which is:

built on a single chassis,

four hundred (400) square feet or less at the largest horizontal projections,

self-propelled or permanently towable by a light duty truck, and

designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreations, camping, travel, or seasonal use.

Repackaging-

A commercial establishment engaged in the receipt, short-term storage, repackaging and distribution of goods, products, cargo, produce or materials.

Screening Device-

A structure such as a fence or wall not less than six (6) feet high nor greater than eight (8) feet high which serves as a visual screen. A structure in excess of eight (8) feet in height shall be deemed a wall and shall be subject to the provisions of the Building Code of the City.

Sexually oriented businesses-

As defined by state law, include “a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult video store, adult motel, or other commercial enterprise, the primary business of which is the offering of a service or selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.”

Special Use-

The use of any building, structure, or land not specifically allowed by district regulations, but permitted as special use in accordance with Section 49 [Division 50], Special Use Permit.

Story-

That portion of a building included between the surface of a floor and the surface of a floor next above it, or if there is no floor above it, then the portion of the building between the surface of a floor and the ceiling or roof above it. A basement shall be counted as a story for the purposes of height regulations, if the vertical distance from grade to the ceiling is more than seven feet (7').

Story, Half-

The topmost story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two feet (2') above the floor of such story.

Street-

Means a public or private thoroughfare that affords the principal means of access to abutting property.

Structural Alteration-

Any change, addition, or modification in construction in the supporting members of a building, such as exterior walls, bearing walls, beams, columns, foundations, girders, floor joists, roof joists, rafters, or trusses.

Structure-

Anything constructed or erected having location on or under the ground or attached to something having location on or under the ground.

Television, Radio, Microwave, Telecommunication Towers or Facilities-

Structures supporting antenna and/or commercial satellite antenna dishes which are transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antenna installations for home use of radio or television.

Use-

The purpose for which land or a building or structure thereon is designed, arranged, intended or maintained, or for which it is or may be used or occupied.

Use, Accessory-

A subordinate use on the same lot with the principal use, and incidental and accessory thereto.

Variance-

An adjustment in the application of the specific regulations of the zoning ordinance to a particular piece of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property owners from being deprived of rights and privileges enjoyed by other property owners in the same vicinity and zoning district.

Yard-

The portion of a building lot that lies essentially between the exterior wall surfaces of the principal building and the lot boundary lines.

Yard, Front-

A yard extending across the full width of a lot and having a depth equal to the shortest distance between the front line of the lot and the nearest portion of the main building, including an enclosed or covered porch, provided that the front yard depth shall be measured from the future street line for a street on which a lot fronts, when such line is shown on the official map or is otherwise established. See image below for example.

Yard, Rear-

A yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the main building. See image below for example.

Yard, Side-

A yard between the side line of the lot and the main building extending from the front yard to the rear yard and having a width equal to the shortest distance between said side line and the main building. See image above for example.

Zoning Administrator-

The person duly designated to administer the provisions of this ordinance.

Zoning District Map-

The official certified map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the zoning ordinance.

(Ordinance 348 adopted 6/19/18)

Blooming Grove City Zoning Code

ARTICLE 1

GENERAL PROVISIONS

§ 1 Title.

This ordinance shall be known, cited and referred to as the “Zoning Ordinance of the City of Blooming Grove.”

(Ordinance 348 adopted 6/19/18)

§ 2 Interpretation of Ordinance.

Conflict with Other Laws.

Nothing in this ordinance shall be construed as repealing any existing ordinance regulating nuisances or as permitting or requiring uses that are now prohibited by law.

District Boundaries.

Discrepancies in Map.

Pre-Existing Legal Status.

No building, structure or use which was not lawfully existing at the time of adoption of this ordinance shall be, become or be made legal solely by the adoption of this ordinance.

(Ordinance 348 adopted 6/19/18)

§ 3 Severability of Zoning Provisions.

(Ordinance 348 adopted 6/19/18)

§ 4 Rules for Words & Phrases.

General Interpretation.

Tense and Number.

Words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number;

Interpretation of Certain Words.

(Ordinance 348 adopted 6/19/18)

§ 5 Districts Established.

“R”	Single-Family Residential District
“C”	Commercial District
“I”	Industrial, Manufacturing and Warehousing District

(Ordinance 348 adopted 6/19/18)

§ 6 Zoning District Map.

Official Zoning Map.

Questions Regarding Boundaries.

Where uncertainty arises with regard to the boundaries of districts as shown on the map, the following rules shall apply:

Boundaries indicated as approximately following the centerlines of streets, highways, alleys, streams, or property lines shall be construed as following such centerlines;

Boundaries indicated as approximately following city limit lines shall be construed as following such lines;

(Ordinance 348 adopted 6/19/18)

§ 7 General Provisions Residential Districts.

Non-Applicability of Area Regulations to Certain Lots.

(Ordinance 348 adopted 6/19/18)

§ 1 General Definitions.

Accessory Structure-

Administrative Official-

The authority charged with the administration and enforcement of this ordinance, or his/her authorized representative.

Appraised Value-

The current appraised building value as established by Navarro County Appraisal District (N.C.A.D.).

Basement-

A building story which is partly underground but may have at least one-half (1/2) of its height above the average level of the adjoining ground.

Block-

Board-

Board of Adjustments.

Building-

Any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind.

Building Ends-

Building Line-

A line parallel or approximately parallel to the property line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected.

Building Official-

(See Administrative Official.)

Carport-

Certificate of Occupancy and Compliance-

Commission-

The Planning and Zoning Commission of the City or the City Council as it functions in the capacity of the Planning and Zoning Commission.

Council-

The governing body of the City.

Coverage-

The percent of a lot or tract covered by the roof or first floor of a building.

Customarily Incidental Use-

Development Site-

District-

A zoning district; a section of the city for which the regulations governing the area, height, and use of buildings and land are uniform.

DU-

Abbreviation for dwelling unit.

DU/A-

Abbreviation for dwelling unit per acre.

Dwelling Unit-

Essential Services-

Family-

Fence-

A structure that functions as a barrier or boundary, usually constructed of posts, boards, wires, rails, or masonry.

Floodplain-

An area designated by FEMA that is subject to inundation.

Floor Area-

The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports and garages; also called living area.

Floor Area Ratio (FAR)-

The ratio between the total square feet of floor area in a structure and the total square feet of land within the lot or tract on which the structure is located.

Grade-

When used as a reference point in measuring height of building, the “grade” shall be the average elevation of the finished ground at the exterior walls of the main building.

Ground Floor Area-

The living area of a building including the walls thereof, but excluding all porches, open breezeways, and garages.

Hard, All-Weather Surface-

Cement, asphalt, brick and other commonly accepted pavement which may be approved by the building official.

Height of Building-

Impervious Coverage-

Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land.

Improved Surface-

Surfaces constructed of concrete or asphalt in accordance with the City of Blooming Grove’s standards as set forth in the Code of Ordinances.

Infrastructure-

Institution-

A building occupied by a nonprofit corporation, a nonprofit establishment for public use.

Local Utility Line-

The facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, electric power, telephone or television service.

Lot Area-

Lot, Corner-

Lot Coverage-

The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.

Lot Depth-

The average depth from the front line of the lot to the rear line of the lot.

Lot, Double Frontage-

A lot, other than a corner lot, which is contiguous to two (2) streets, and which, therefore, has two (2) front yards (same as a through lot). See image above for example.

Lot, Interior-

A lot other than a corner lot. See image above for example.

Lot Line-

A boundary of a building lot.

Lot Line, Front-

The boundary between a lot and the street on which it fronts.

Lot of Record-

A lot which has been recorded in the office of the county clerk.

Lot, Reverse Corner-

A corner lot, the rear lot line of which abuts the side lot line of the lot adjacent to it.

Lot, Through-

A lot having its front and rear lines on different streets (same as a double frontage lot). See image above for example.

Lot Width-

The horizontal distance between the side lot lines of a lot, measured at right angles to the depth at the front building line.

Main Building-

A building in which the principal use of the lot on which the building is located is conducted.

Manufactured Housing-

Shall be defined and differentiated by the following:

Manufactured Housing means either a mobile home or a HUD-Code manufactured home.

Mobile Home is as defined by the Texas Occupations Code.

HUD-Code Manufactured Home is as defined by the Texas Occupations Code.

Nonconforming Use-

Open Space, Common Open Space, Permanent Open Space-

Parking Lot Space-

Particular [Particulate] Matter-

Any material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions when released into the atmosphere.

Recreational Area-

An area devoted to facilities and equipment for recreational purposes, swimming pools, playgrounds, clubhouses, and other similar uses.

Recreational Vehicle-

A vehicle which is:

built on a single chassis,

four hundred (400) square feet or less at the largest horizontal projections,

self-propelled or permanently towable by a light duty truck, and

designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreations, camping, travel, or seasonal use.

Repackaging-

A commercial establishment engaged in the receipt, short-term storage, repackaging and distribution of goods, products, cargo, produce or materials.

Screening Device-

Sexually oriented businesses-

Special Use-

The use of any building, structure, or land not specifically allowed by district regulations, but permitted as special use in accordance with Section 49 [Division 50], Special Use Permit.

Story-

Story, Half-

The topmost story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two feet (2') above the floor of such story.

Street-

Means a public or private thoroughfare that affords the principal means of access to abutting property.

Structural Alteration-

Structure-

Anything constructed or erected having location on or under the ground or attached to something having location on or under the ground.

Television, Radio, Microwave, Telecommunication Towers or Facilities-

Use-

The purpose for which land or a building or structure thereon is designed, arranged, intended or maintained, or for which it is or may be used or occupied.

Use, Accessory-

A subordinate use on the same lot with the principal use, and incidental and accessory thereto.

Variance-

Yard-

The portion of a building lot that lies essentially between the exterior wall surfaces of the principal building and the lot boundary lines.

Yard, Front-

Yard, Rear-

A yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the main building. See image below for example.

Yard, Side-

Zoning Administrator-

The person duly designated to administer the provisions of this ordinance.

Zoning District Map-

The official certified map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the zoning ordinance.

(Ordinance 348 adopted 6/19/18)

Blooming Grove City Zoning Code

ARTICLE 1

GENERAL PROVISIONS

§ 1 Title.

This ordinance shall be known, cited and referred to as the “Zoning Ordinance of the City of Blooming Grove.”

(Ordinance 348 adopted 6/19/18)

§ 2 Interpretation of Ordinance.

Conflict with Other Laws.

Nothing in this ordinance shall be construed as repealing any existing ordinance regulating nuisances or as permitting or requiring uses that are now prohibited by law.

District Boundaries.

Discrepancies in Map.

Pre-Existing Legal Status.

No building, structure or use which was not lawfully existing at the time of adoption of this ordinance shall be, become or be made legal solely by the adoption of this ordinance.

(Ordinance 348 adopted 6/19/18)

§ 3 Severability of Zoning Provisions.

(Ordinance 348 adopted 6/19/18)

§ 4 Rules for Words & Phrases.

General Interpretation.

Tense and Number.

Words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number;

Interpretation of Certain Words.

(Ordinance 348 adopted 6/19/18)

§ 5 Districts Established.

“R”	Single-Family Residential District
“C”	Commercial District
“I”	Industrial, Manufacturing and Warehousing District

(Ordinance 348 adopted 6/19/18)

§ 6 Zoning District Map.

Official Zoning Map.

Questions Regarding Boundaries.

Where uncertainty arises with regard to the boundaries of districts as shown on the map, the following rules shall apply:

Boundaries indicated as approximately following the centerlines of streets, highways, alleys, streams, or property lines shall be construed as following such centerlines;

Boundaries indicated as approximately following city limit lines shall be construed as following such lines;

(Ordinance 348 adopted 6/19/18)

§ 7 General Provisions Residential Districts.

Non-Applicability of Area Regulations to Certain Lots.

(Ordinance 348 adopted 6/19/18)

§ 1 General Definitions.

Accessory Structure-

Administrative Official-

The authority charged with the administration and enforcement of this ordinance, or his/her authorized representative.

Appraised Value-

The current appraised building value as established by Navarro County Appraisal District (N.C.A.D.).

Basement-

A building story which is partly underground but may have at least one-half (1/2) of its height above the average level of the adjoining ground.

Block-

Board-

Board of Adjustments.

Building-

Any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind.

Building Ends-

Building Line-

A line parallel or approximately parallel to the property line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected.

Building Official-

(See Administrative Official.)

Carport-

Certificate of Occupancy and Compliance-

Commission-

The Planning and Zoning Commission of the City or the City Council as it functions in the capacity of the Planning and Zoning Commission.

Council-

The governing body of the City.

Coverage-

The percent of a lot or tract covered by the roof or first floor of a building.

Customarily Incidental Use-

Development Site-

District-

A zoning district; a section of the city for which the regulations governing the area, height, and use of buildings and land are uniform.

DU-

Abbreviation for dwelling unit.

DU/A-

Abbreviation for dwelling unit per acre.

Dwelling Unit-

Essential Services-

Family-

Fence-

A structure that functions as a barrier or boundary, usually constructed of posts, boards, wires, rails, or masonry.

Floodplain-

An area designated by FEMA that is subject to inundation.

Floor Area-

The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports and garages; also called living area.

Floor Area Ratio (FAR)-

The ratio between the total square feet of floor area in a structure and the total square feet of land within the lot or tract on which the structure is located.

Grade-

When used as a reference point in measuring height of building, the “grade” shall be the average elevation of the finished ground at the exterior walls of the main building.

Ground Floor Area-

The living area of a building including the walls thereof, but excluding all porches, open breezeways, and garages.

Hard, All-Weather Surface-

Cement, asphalt, brick and other commonly accepted pavement which may be approved by the building official.

Height of Building-

Impervious Coverage-

Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land.

Improved Surface-

Surfaces constructed of concrete or asphalt in accordance with the City of Blooming Grove’s standards as set forth in the Code of Ordinances.

Infrastructure-

Institution-

A building occupied by a nonprofit corporation, a nonprofit establishment for public use.

Local Utility Line-

The facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, electric power, telephone or television service.

Lot Area-

Lot, Corner-

Lot Coverage-

The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.

Lot Depth-

The average depth from the front line of the lot to the rear line of the lot.

Lot, Double Frontage-

A lot, other than a corner lot, which is contiguous to two (2) streets, and which, therefore, has two (2) front yards (same as a through lot). See image above for example.

Lot, Interior-

A lot other than a corner lot. See image above for example.

Lot Line-

A boundary of a building lot.

Lot Line, Front-

The boundary between a lot and the street on which it fronts.

Lot of Record-

A lot which has been recorded in the office of the county clerk.

Lot, Reverse Corner-

A corner lot, the rear lot line of which abuts the side lot line of the lot adjacent to it.

Lot, Through-

A lot having its front and rear lines on different streets (same as a double frontage lot). See image above for example.

Lot Width-

The horizontal distance between the side lot lines of a lot, measured at right angles to the depth at the front building line.

Main Building-

A building in which the principal use of the lot on which the building is located is conducted.

Manufactured Housing-

Shall be defined and differentiated by the following:

Manufactured Housing means either a mobile home or a HUD-Code manufactured home.

Mobile Home is as defined by the Texas Occupations Code.

HUD-Code Manufactured Home is as defined by the Texas Occupations Code.

Nonconforming Use-

Open Space, Common Open Space, Permanent Open Space-

Parking Lot Space-

Particular [Particulate] Matter-

Any material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions when released into the atmosphere.

Recreational Area-

An area devoted to facilities and equipment for recreational purposes, swimming pools, playgrounds, clubhouses, and other similar uses.

Recreational Vehicle-

A vehicle which is:

built on a single chassis,

four hundred (400) square feet or less at the largest horizontal projections,

self-propelled or permanently towable by a light duty truck, and

designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreations, camping, travel, or seasonal use.

Repackaging-

A commercial establishment engaged in the receipt, short-term storage, repackaging and distribution of goods, products, cargo, produce or materials.

Screening Device-

Sexually oriented businesses-

Special Use-

The use of any building, structure, or land not specifically allowed by district regulations, but permitted as special use in accordance with Section 49 [Division 50], Special Use Permit.

Story-

Story, Half-

The topmost story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two feet (2') above the floor of such story.

Street-

Means a public or private thoroughfare that affords the principal means of access to abutting property.

Structural Alteration-

Structure-

Anything constructed or erected having location on or under the ground or attached to something having location on or under the ground.

Television, Radio, Microwave, Telecommunication Towers or Facilities-

Use-

The purpose for which land or a building or structure thereon is designed, arranged, intended or maintained, or for which it is or may be used or occupied.

Use, Accessory-

A subordinate use on the same lot with the principal use, and incidental and accessory thereto.

Variance-

Yard-

The portion of a building lot that lies essentially between the exterior wall surfaces of the principal building and the lot boundary lines.

Yard, Front-

Yard, Rear-

A yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the main building. See image below for example.

Yard, Side-

Zoning Administrator-

The person duly designated to administer the provisions of this ordinance.

Zoning District Map-

The official certified map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the zoning ordinance.

(Ordinance 348 adopted 6/19/18)