1-100 That Ordinance No. 125, known as the zoning ordinance of the City of Commerce, Texas, together with all amendments and maps thereto, be and the same are hereby repealed, and that there be enacted in lieu thereof the following comprehensive general zoning ordinance of the City of Commerce, Texas, together with a map creating and delineating 14 zoning districts, which map defines the boundaries of each use district, to be known as appendix A of the Revised Code of Civil and Criminal Ordinances of the City of Commerce, Texas.

(Ord. No. 03-07, §§ 1—3, 4-15-03)

Editor's note— The zoning map is not included herein, but is on file and available for reference in the office of the city secretary. See section 5 of this ordinance.

2-100 It is hereby declared to be the purpose and intent of the city commission in enacting this ordinance that the zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the city. They have been designed to lessen the 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, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the 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 consistent with a comprehensive plan.

(Ord. No. 03-07, §§ 1—3, 4-15-03)

3-100 The City of Commerce, Texas, is hereby divided into 14 zoning districts which are further subdivided into subdistricts where appropriate. The use, height, area, and parking regulations as set out herein are uniform in each district. The 14 districts herein established shall be known and cited as:

(Ord. No. 03-07, §§ 1—3, 4-15-03)

4-100 Described. Each zoning district herein established is provided for a specific purpose and in accordance with a comprehensive plan for the location of various types of uses throughout the city as follows:

4-101 AG agricultural district: There exists in certain fringe areas of the city land which is presently used for agricultural purposes and to which urban services are not yet available. These lands should appropriately continue to be used for agricultural purposes for a number of years and until needed for urban purposes in conformity with the orderly growth of the city. The uses permitted in the AG agricultural district are intended to accommodate the normal farming, ranching and gardening activities. It is anticipated that all of the AG agricultural district area will be changed to other urban zoning categories as the area within the corporate limits of the city becomes fully developed.

4-102 R-1 single-family dwelling district: There exist or may exist in the future in certain parts of the city areas of land suited for single-family residential development on estate type lots of one acre or more in area. This district is intended to be composed of single-family dwellings together with public and parochial schools, churches and public park areas to serve the area.

4-103 R-16 and R-10 single-family dwelling districts: Single-family residential development has taken place on intermediate sized lots in portions of the city in recent years. In order to protect and encourage the continued development of intermediate density with single-family residences in appropriate areas of the city, the R-16 and R-10 single-family dwelling districts are provided. In addition to single-family residences, it is intended that churches, public and parochial schools and public parks necessary to serve and complement the intermediate density development be permitted. Two-family dwellings may be allowed as a conditional use in the R-10 district.

4-104 R-7 single-family dwelling district: This district is intended to be composed of single-family dwellings together with the public and parochial schools, churches and public parks essential to create basic neighborhood units. Limited portions of such neighborhood units may consist of denser residential zoning classifications which are shown on the zoning district map, which later may be created by amendments to such map, or be allowed as a conditional use.

[4-105. Reserved.]

4-106 A-I and A-2 apartment dwelling districts: These districts are composed mainly of areas containing mixtures of single-family, two-family and multiple-family dwellings and certain uniformly developed multiple-family dwelling sections. The A-I and A-2 districts are medium density districts and are located in certain areas close in to the center of the city and at various outlying locations. The area regulations are designed to protect the residential character and to prevent the overcrowding of the land in the A-1 and A-2 districts by providing minimum standards for building spacing, yards, off-street parking and coverage. All commercial and office uses are prohibited in the A-1 and A-2 districts. It is anticipated that additional areas may be designated in the A-1 or A-2 district from time to time in the future where such change is appropriate and access and utility services can reasonably accommodate such medium density dwellings.

[4-107. Reserved.]

4-108 NS neighborhood service; GB general business districts:Two classifications of retail districts are provided to accommodate the various types of retail services and existing retail development.

The NS neighborhood service district is a limited retail category intended for use near neighborhood areas for purposes of supplying day-to-day retail needs of the residents, such as food, drugs and personal services. The NS neighborhood service district occurs often at limited corner locations in existing developments and is intended for small service areas in new development plans.

The uses specified in the GB general business district include most types of retail activity. It is not anticipated that the retail areas zoned as GB general business district will be subject to any major expansion. It is, however, anticipated that in some situations a future change to a commercial classification might be appropriate to permit the transition of retail areas which are no longer in demand for retail use to other productive forms of land use.

4-109 CA central area district: This district is provided to accommodate existing developments in the central area of the city, to encourage the most appropriate future use of land, and to prevent the increase of street congestion. The district requires off-street parking and loading.

4-110 HC heavy commercial district: The sale, service, display and storage of certain commodities is by its nature not compatible with many other sales and display operations. Building material yards, contractor yards, open storage and repair of heavy machinery and welding or machine shops are examples of such heavy uses. In order to establish areas where such essential heavy sales, service, display and storage uses could be located, the HC district is provided.

4-111 [I] Industrial district: This district is intended to accommodate light and heavy industrial uses, with necessary support facilities, and permits limited commercial uses. A variety of industrial uses are subject to a conditional use permit, subject to the requirements of 4-113 below.

4-112 PD planned development district: In order to provide flexibility in the planning and development of projects with combinations of uses or of specific physical designs such as office centers, combination apartment and retail centers, shopping centers, medical centers with office and housing elements, special industrial districts, housing developments or any similar developments, a PD planned development district is provided. This district is intended to be applied to the district map as an amendment to the zoning ordinance. Certain maximum and minimum standards are specified for various use categories and certain standards such as yards, coverage, building spacing are to be determined by the design. Specific development conditions and development schedules can be enforced with respect to a PD planned development district and failure to adhere to a development schedule can be the basis for removing all or part of a PD planned development district from the zoning district map. The purposes of the PD planned development district are to achieve flexibility and variety in the physical development pattern of the city, to encourage a more efficient use of open space and to encourage the appropriate use of land. It is intended that cognizance be taken of the surrounding property and the proper protection of such property be given in locating and approving any PD planned development district.

4-113 Conditional use permits: Certain uses, because of their nature and existing and possible future locations, are not appropriate for categorizing into specific zoning districts. Such uses include among others, utility installations, colleges and universities, institutions, community facilities, zoos, cemeteries, country clubs and some heavy operations such as junkyards, dumps and gravel pits. To provide for the proper handling and location of such specific uses, provision is made for amending this ordinance to grant a permit for a specific use in a specific location. All uses for which conditional use permits may be granted are shown on the use schedule, [sections] 10-200 through 10-215. The procedure for approval of a conditional use permit includes a public hearing and the amending ordinance may provide for certain restrictions and standards of operation. The indication that it is possible to grant a conditional use permit in the use schedule does not constitute a grant of privilege for such use nor is there any obligation to approve a conditional use permit unless it is the finding of the city commission, after having received a recommendation from the city planning commission, that such specific use is compatible with adjacent property use and consistent with the character of the neighborhood.

(Ord. No. 03-07, §§ 1—3, 4-15-03)

5-100 The boundaries of zoning districts set out herein are delineated upon a zoning district map of the city adopted as part of this ordinance as fully as if the same were set forth herein in detail.

5-101 One original of the zoning district map shall be filed in the office of the city secretary. This copy shall be the official zoning district map and shall bear the signature of the mayor and attestation of the city secretary. This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.

5-102 An additional copy of the original zoning district map shall be placed in the office of Community Development. The copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments.

5-103 Such map will be approved by Council on an annual basis.

(Ord. No. 03-07, §§ 1—3, 4-15-03; Ord. No. 09-11, 12-1-09)

6-100 The 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 official zoning map, the following rules shall apply:

6-101 Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

6-102 Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

6-103 Boundaries indicated as approximately following city limits shall be construed as following city limits.

6-104 Boundaries indicated as following railroad lines shall be construed to be the established centerline of the right-of-way or, if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.

6-105 Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline.

6-106 Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines, and in the event of change in the centerline, shall be construed as moving with the centerline. The centerline shall be interpreted as being midway between the shorelines.

6-107 Boundaries indicated as parallel to or extensions of features indicated in subsections 6-101 through 6-106 above shall be so construed. Distances not specifically indicated on the zoning district map shall be determined by the scale of the map.

6-108 Whenever any street, alley or other public way is vacated by official action of the city commission 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 way and all area so involved shall then and henceforth be subject to all regulations of the extended districts.

6-109 Boundaries indicated as dividing a lot or tract shall be construed as being located as shown on the zoning district map. Distances not specifically indicated on the zoning district map shall be determined by the scale of the map.

6-110 Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to whether or how a parcel of property is zoned and such questions cannot be resolved by the application of subsections 6-101 through 6-109, the property shall be classified as AG agricultural district.

(Ord. No. 03-07, §§ 1—3, 4-15-03)

7-100 All land, buildings, structures or appurtenances thereon located within the city which are hereafter occupied, used, erected, altered or converted shall be used, placed and erected in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located except as hereinafter provided. Land used in meeting the requirements of this ordinance with respect to a particular use or building shall not be used to meet the requirements for any other use or building.

(Ord. No. 03-07, §§ 1—3, 4-15-03)

8-100 By the passage of this ordinance no presently illegal use or building shall be deemed to have been legalized unless such use falls within a use district where the actual use and standards under the terms of this ordinance would be conforming. Any use which does not conform to provisions of this ordinance shall be a nonconforming use or structure if it legally existed as a conforming or nonconforming use or structure prior to adoption of this ordinance or an illegal use if it did not exist as a conforming or nonconforming use or structure, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the previous zoning ordinance was repealed, and this ordinance adopted shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed.

(Ord. No. 03-07, §§ 1—3, 4-15-03)

9-100 All territory hereafter annexed to the City of Commerce shall be temporarily classified in the AG agricultural district until permanent zoning classifications are given the area by the city commission of the City of Commerce.

9-101 The procedure for establishing the permanent zoning on any annexed territory shall be the same as is provided by law for the amendment of the zoning ordinance.

(Ord. No. 03-07, §§ 1—3, 4-15-03)