Decatur City Zoning Code
ARTICLE 1
- ENACTING PROVISIONS
Section 1.1 - Enacting Clause
This ordinance is hereby enacted and adopted as the Zoning Ordinance of the City of Decatur, Texas, herein referred to as "the City", in its entirety to provide as follows:
Section 1.2 - Title
This Ordinance shall be known and may be cited as the City's "Zoning Ordinance."
Section 1.3 - Purpose
As authorized by Chapter 211 of the Texas Local Government Code, 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 of 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.
Section 1.4 - Zoning District Map
1.4.1 Relationship to Zoning Ordinance
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 Ordinance as fully as if the same were set forth herein in detail.
One original of the Zoning District Map shall be filed in the office of the City Secretary and labeled as:
"Official Zoning Map of the City of Decatur, Texas—Ordinance No. 2015-03-01."
This copy shall be the original Zoning District Map adopted with this Ordinance 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 of the City of Decatur, Texas, Ordinance No. 2015-03-01 of the City of Decatur, Texas, adopted on the 23rd day of March, 2015."
This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.
1.4.3 Official Copies of the Zoning Map
A copy of the official Zoning District Map shall be placed in the office of the Planning Director. The map copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Any changes or amendments made to the zoning district boundaries shall be made on the map copy after the amendment has been approved by the City Council in accordance with the requirements of State law and this Ordinance. Each entry for a Zoning Map amendment shall include an ordinance number that references the Zoning Ordinance amendment.
1.4.4 Zoning Map Reproductions
Reproductions for informational purposes may be made of the official Zoning District Map in print version or digitally by electronic files, computer disks or on the web. All reproductions shall be clearly labeled as a reproduction, include a "Current as of March 23, 2015" date indication and a statement that the actual zoning of a parcel can only be verified with the City and after review of the official map.
1.4.5 Replacement of Official Zoning Map
In the event that the official Zoning Map becomes damaged, destroyed, lost or difficult to interpret due to age, exposure, or the nature or number of changes or additions, the City Council may, in accordance with State law requirements, hold a public hearing and adopt by ordinance, a new official Zoning Map which shall replace and supersede the prior official Zoning Map, but which shall not, in effect, amend or otherwise change the original official Zoning Map or any subsequent amendment to the original official Zoning Map. The new official Zoning Map 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 Official Zoning Map supersedes and replaces the original Official Zoning Map referred to in the Zoning Ordinance, Ordinance No. 2015-03-01 of the City of Decatur, Texas, adopted on the 23rd day of March, 2015."
Section 1.5 - Zoning District Boundaries
1.5.1 Boundaries Generally
The Zoning District boundary lines shown on the Official Zoning 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:
A.
Boundary Interpretation
(1)
Boundaries shown as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.
(2)
Boundaries shown as approximately following platted lot lines shall be construed as following such lot lines.
(3)
Boundaries shown as approximately following City limits shall be construed as following such City limits.
(4)
Boundaries shown as following railroad lines shall be construed to be located along the centerline of the railroad right-of-way lines.
(5)
Boundaries shown as approximately following the centerlines of streams, rivers, creeks, canals, bodies of water, or drainage ways shall be construed to follow such centerlines, and in the event of change in any such centerlines shall be construed to move with such centerlines.
(6)
Boundaries shown as parallel to, or extensions of, features described in Paragraphs (1) through (5) above shall be so construed. Distances not specifically indicated on the Zoning District Map shall be determined by the approximate scale of the Map and verified by a survey.
(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 (or to the new property ownership boundary line, if it is not determined to be at the former centerline) 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.
B.
Boundary Determination
(1)
If there is a discrepancy between the physical features on the ground and the information shown on the official 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 Paragraphs (1) through (8) in A. Boundary Interpretation above, then the Planning and Zoning Commission shall provide a recommendation to City Council, and City Council shall interpret the zoning district boundaries.
(2)
If the zoning of property is invalidated or vacated by a judgment of a court of competent jurisdiction, the property shall be considered classified as it was prior to the rezoning or as specifically set forth in the Court Order.
(3)
In the event of conflict or ambiguity between legal descriptions, the legal description in the most recently adopted rezoning ordinance shall control.
Section 1.6 - Compliance Required and Application of Regulations
1.6.1 Conformance with Standards and Regulations
All land, buildings, structures or appurtenances thereon located within the City which are hereafter occupied, used, constructed, erected, altered, 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. All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise.
1.6.2 Uses Prohibited by State or Federal Law
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 State Department of Health (TSDH), Texas Commission of Environmental Quality (TCEQ), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), their respective successor agency or any other applicable State or Federal agency, as the case may be.
Section 1.7 - Zoning upon Annexation
1.7.1 Timing of Proceedings to Establish Zoning
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 shall only occur after annexation approval and adoption have occurred, and as a separate and distinct action by the City Council.