This ordinance and subsequent regulations of the City of Deer Park, Texas shall be known as, and may be cited and referred to as the "Deer Park Zoning Ordinance."

This Zoning Ordinance is adopted pursuant to the authority granted by the U.S. Constitution, the Texas Constitution, and the laws of the State of Texas, specifically including Texas Local Government Code, ch. 211 (municipal zoning authority) and the home rule charter of the City of Deer Park.

1.03.1.

Zoning Ordinance Intent. The purpose and object of this ordinance is to change existing zoning districts and regulations of the City of Deer Park, Texas, to provide such new districts and regulations as have been demonstrated as being needed by the comprehensive plan of the City of Deer Park to promote health, safety, morals, and the general welfare of the City of Deer Park. The zoning regulations and districts established by this ordinance have been designed to do the following:

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Lessen congestion in the streets;

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To secure safety from fire, panic and other danger;

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To provide adequate light and air;

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To prevent the overcrowding of land;

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To avoid undue concentration of population; and

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To facilitate the adequate provisions of transportation, water, sewerage, schools, parks, and other public requirements.

They have been made with reasonable consideration, among other things, for the character of 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 the land throughout the City of Deer Park, Texas. The comprehensive basic purpose set forth in this article includes the specific purposes provided herein for the individual zoning districts and use groups.

All land, buildings, structures or appurtenances thereon located within the City of Deer Park, Texas, which are hereafter occupied, used, erected, altered, removed, placed, demolished or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located, as hereinafter provided.

1.03.2.

Zoning Ordinance Considerations. The zoning regulations and districts 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 building and encouraging the most appropriate use of land throughout the City consistent with the Comprehensive Plan. The Comprehensive Plan has been used as a guide to develop the regulations within this Zoning Ordinance.

1.04.1.

Zoning Districts Shown on the Zoning District Map. 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.

1.04.2.

Official Zoning District Map.

1.

The Official Zoning District Map shall be labeled the "Official Zoning District Map of the City of Deer Park, Texas," shall be signed by the City Secretary and the Mayor on the date of adoption, and shall be maintained as a physical hard-copy file and an electronic file. In the case of a dispute, the hard-copy shall control.

2.

The "Official Adoption Date" and the "Last Amended Date" shall be shown on the Official Zoning District Map.

1.04.3.

Establishment and Interpretation of District Boundaries.

1.

Zoning Map. The boundaries of the districts are as shown on the map designated as "zoning map," signed by the mayor and city secretary, and said map shall form part of this ordinance to the same extent as if included herein.

2.

District Boundaries. Unless otherwise indicated on the zoning map, the district boundaries are property lines or the centerlines of streets, alleys, or railroad tracks, or the projections thereof, or lines at specified distances therefrom, as same existed at the time of enactment of this ordinance.

3.

Location of District Boundaries. Where uncertainty exists as to the boundaries of any zoning district, or where the boundaries of a street or property existing on the ground are at variance with those shown on the zoning map, the board of adjustment, upon written application or upon its own motion, shall determine the location of such boundaries.

4.

Exempt Districts. Since separate agreements exist between industry and the City of Deer Park, the provisions of this Zoning Ordinance shall not apply to those districts designated as M3 intensive industrial districts on the zoning map as defined in Section 1.05.2 and included as a part of this ordinance.

1.04.4.

Interpretation of District Bulk and Area Regulations.

General. Unless otherwise indicated, the bulk and area regulations shall be interpreted to establish maximum or minimum permissiveness as follows:

1.04.5.

Specific Use Permit. Uses which are regulated by a specific use permit when authorized in any district shall first have complied with the review and administrative procedures set forth under Article 17, section 17.04.

1.

Three (3) identical copies of the Zoning District Map shall be adopted and shall bear the signature of the Mayor and the attestation of the City Secretary. The three (3) official copies of the Zoning District Map shall be filed and maintained as follows:

a.

One (1) copy shall be filed with the City Secretary and retained as an original record and shall not be changed in any manner.

b.

One (1) copy shall be filed with the Building Official or other designee and shall be maintained with all changes and subsequent amendments for observation in issuing building permits and enforcing the Zoning District Map.

c.

One (1) copy shall be filed in the office of the Director of Public Works or other designee and shall be maintained by posting thereon all changes and amendments.

2.

The Director of Public Works or other designee shall maintain an electronic file of the official Zoning District Map, as it was originally adopted.

An additional copy of the original Zoning District Map shall be placed in the Office of the Chief Building Official or other designee.

a.

The copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments and shall be identified as the Current Zoning District Map.

b.

In order to provide and maintain a current-to-date and accurate map of all zoning district boundaries, the City shall maintain electronic mapping files or other similar Geographic Information System (GIS) files of the Official Zoning District Map with all approved zoning amendments.

c.

In case of any question involving a district designation within the City, the updated copy of the Official Zoning District Map on file in the office of the Chief Building Official is presumed correct, and the person challenging the accuracy of that copy has the burden of presenting the Official Zoning Map, together with the ordinances amending the Map, to prove the inaccuracy of the updated copy.

1.05.1.

Incorporating Updates to the Official Zoning District Map.

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The Director of Public Works or other designee shall be responsible for updates to the official Zoning District Map.

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The Director of Public Works or other designee's copy of the official Zoning District Map shall be used for reference and shall be maintained by incorporating all subsequent amendments enacted by official action of the City Council.

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The Director of Public Works or other designee shall use all reasonable means to protect the official Zoning District Map from damage, and to ensure the accurate restoration of the map file if damage or destruction of the original file occurs.

1.05.2.

Changes or Amendments Reflected on the Map.

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Any changes or amendments made to the zoning district boundaries shall be incorporated into the Zoning District Map files (i.e., physical and electronic) promptly after the amendment has been approved by the City Council.

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The Director of Public Works or other designee shall maintain a descriptive log of amendments to the map.

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The Director of Public Works or other designee shall use all reasonable means to ensure that no changes are made to the official Zoning District Map without authorization by official action of the City Council.

1.05.3.

Replacement of a Damaged, Destroyed, or Lost Official Zoning District Map.

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In the event that the official Zoning District Map file becomes damaged, destroyed, lost or difficult to interpret for any reason, the City Council may adopt a new official Zoning District Map by ordinance following a public hearing.

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The new official Zoning District Map shall replace and supersede any prior official Zoning District Map.

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As a true replacement map, the new official Zoning District Map shall not amend or otherwise change district boundaries or classifications from the prior official Zoning District Map.

1.05.4.

Informational Zoning Maps with Updates.

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Informational zoning maps that are intended to represent the official Zoning District Map, with updated changes in zoning districts and boundaries as they are made, may be made from time to time and placed on physical display and on the City's website.

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The Director of Public Works or other designee shall be responsible for all informational zoning maps and the frequency of updates.

1.06.1.

Compliance Required. All land, buildings, structures or appurtenances located within the City shall conform to the zoning regulations prescribed for the zoning district in which such land or building is located, or subject to penalties as provided for by Code.

1.06.2.

Interpretation.

1.

Restrictiveness. Where the regulations in this ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations that are more restrictive and impose higher standards shall govern.

2.

Abrogation. These regulations are not intended to abrogate any easement, covenant or other private agreement, provided that where the requirements of this regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement, the requirements of these regulations shall govern.

3.

Cumulative Effect. These regulations are cumulative and may impose additional limitations upon all other laws and ordinances previously passed or that may be passed in the future on any subject matter set forth in these regulations.

4.

Error Correction. In the event that any property or zoning district set forth on the Zoning District Map as provided in Section 1.04 Official Zoning District Map of this ordinance is misnamed, designated incorrectly, the boundaries are incorrect or the property is omitted, in part or in whole, the Zoning District Map may be amended and/or supplemented by the property owner of a tract, the City Council, or the Planning and Zoning Commission may submit an application to the Director of Public Works or other designee to initiate the error correction process, which shall be processed as a zoning map amendment.

1.06.3.

Rules of Construction. The language set forth in these regulations is to be interpreted in accordance with the following rules of construction:

1.

Number. The singular number includes the plural, and the plural the singular.

2.

Tense. The present tense includes the past and future tenses, and the future the present.

3.

Mandatory and Permissive Language. The word "shall" and "must" are mandatory while the word "may" is permissive.

4.

Gender Terms. The masculine gender includes the feminine.

5.

Parentheses. Any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as the word.

6.

Conflicts. If there is an expressed conflict:

a.

The text of this ordinance controls over the charts or any other graphic display in this ordinance; and

b.

The use regulations control over the district regulations in this ordinance.

1.07.1.

Intent of Provisions.

1.

Existence of Nonconformities.

a.

The purpose of this Section 1.07 is to establish provisions for the allowance and potential alteration of uses, lots and/or structures which do not conform to currently applicable standards or regulations, but which were in conformance with standards in place at the time of their inception, and have been rendered nonconforming due to a change in the applicable standards and regulations.

i.

Nonconformities occur in three general categories, or combinations thereof.

1)

Nonconforming lots as described in 1.07.2(1a). For example, a nonconforming lot can be nonconforming as to lot area or dimension requirement.

2)

Nonconforming structures as described in 1.07.2(1a). For example, a nonconforming structure can be nonconforming as to setback, yard, or height lot area or dimension requirement.

3)

Nonconforming uses are uses as described in 1.07.2(1a).

b.

It is the declared intent of this section that nonconforming uses and structures eventually be eliminated and be required to comply with the regulations of the Zoning Ordinance, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area.

2.

Limit Incompatibility. It is further the intent of this Section 1.07 that nonconforming uses shall not be:

a.

Enlarged upon;

b.

Expanded or extended; or

c.

Used as a basis for adding other structures or uses prohibited elsewhere in the same district.

3.

Incompatible Uses. Notwithstanding anything to the contrary, nonconforming uses are hereby declared incompatible with the permitted uses in the districts involved.

1.07.2.

Establishment of Legal Nonconforming Status.

1.

Existence. For purposes of interpretation of this subsection, any uses, structures and/or lots which in whole or part are not in conformance with current zoning standards shall be considered as follows:

a.

Legal Nonconforming. Those uses, structures or lots which, in whole or part, are not in conformance with current zoning standards, but were legally established at a prior date at which time they were in conformance with applicable standards. Such uses, structures or lots may be maintained or potentially altered subject to the provisions of this subsection.

b.

Illegal Status. Those uses, structures or lots which, in whole or part, are not in conformance with current zoning standards and were not in conformance with applicable standards at the time of their inception shall not be considered nonconforming, but shall be considered illegal uses, structures, or lots and shall not be approved for any alteration or expansion, and shall undertake necessary remedial measures to reach conformance with current standards, or be discontinued.

2.

Time of Adoption. Any use, platted lot, and/or structure is a lawful use at the time of the adoption of any amendment to this ordinance but by such amendment is placed in a district wherein such use, platted lot, and/or structure is not otherwise permitted shall be deemed legal nonconforming.

3.

Annexation. If a use, platted lot and/or structure was in existence at the time of annexation to the City and has since been in regular and continuous use shall be deemed legal nonconforming.

1.07.3.

Burden of Demonstration. The burden of establishing that any nonconformity is a legal nonconformity, as defined in this subsection, shall be borne by the owner or proponent of such nonconformity.

1.07.4.

Continuing Lawful Use of Property and Existence of Structures.

1.

Abandonment of Nonconforming Use. If a nonconforming use on a particular parcel of land shall cease operations for a period of more than six months, then such nonconforming use shall be deemed to be permanently abandoned. Unless the Board of Adjustment reinstates the nonconforming rights pursuant to Section 11.6 Reinstatement of Nonconforming Rights of this Ordinance, such a use shall not be instituted on that parcel or other parcel in any district which does not permit the discontinued use. For the purpose of this paragraph, to "cease operations" shall mean to intentionally terminate operations of the nonconforming use. Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.

2.

Reinstatement of Nonconforming Use Rights. An owner and/or operator of a nonconforming use that has been deemed permanently abandoned pursuant to 1.07.4(1) may request that the nonconforming rights to the use be reinstated pursuant to Section 11.6 Reinstatement of Nonconforming Rights of this Ordinance.

3.

Prohibited Expansion or Reoccupation. A nonconforming use or structure shall not be expanded, reoccupied with another nonconforming use, or increased as of the effective date of this ordinance except as provided in 1.07.6. Expansion of Nonconforming Uses and Structure.

4.

Single-Family Residential Uses.

a.

Conforming single-family residential uses on platted lots approved prior to April 5, 2011, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this ordinance as long as the use of the lot is allowed in the respective district.

b.

Only the lot size, depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this ordinance shall be met, or the lot shall be considered nonconforming.

5.

Existing Platted Lots are Conforming Lots. Any existing vacant lot platted prior to April 5, 2011, which was legally conforming, shall be deemed a conforming lot.

1.07.5.

Changing Uses and Nonconforming Rights.

1.

Nonconforming Use to Conforming Use. Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use.

2.

Nonconforming Use to Another Nonconforming Use. A nonconforming use may not be changed to another nonconforming use.

3.

Conforming Use in a Nonconforming Structure. Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by the process outlined in 1.07.6 Expansion of Nonconforming Uses and Structures.

1.07.6.

Expansion of Nonconforming Uses and Structures. An expansion of a nonconforming use or structure is allowed in accordance with the following:

1.

Nonconforming Use Expansion in Existing Building. A nonconforming use located within a building may be extended throughout the existing building, provided:

a.

No structural alteration, except as provided in 1.07.6(5) below, may be made on or in the building except those required by law to preserve such building in a structurally sound condition.

b.

The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use.

2.

Nonconforming Use Prohibited from Expansion beyond Existing Building. Nonconforming use within a building shall not be extended to occupy any land outside the building.

3.

Off-Street Loading and Parking. Nonconforming use of land or building shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street loading or off-street parking space.

4.

Residential Lot Exemption. The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required which was an official "lot of record" prior to April 5, 2011, may be used for a single-family dwelling.

5.

Expansion of Nonconforming Buildings with Conforming Uses. Buildings or structures which do not conform to the area regulations or development standards in this ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than ten percent from the date when the building became nonconforming.

6.

Reuse of Abandoned or Vacant Buildings by Conforming Uses Allowed. Buildings or structures which have been vacant or abandoned for more than six months and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use.

1.07.7.

Restoration of Nonconforming Structures.

1.

Total Destruction. If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this Ordinance.

2.

Partial Destruction. In the case of partial destruction of a nonconforming structure not exceeding 51 percent of its total appraised value as determined by the Appraisal District, reconstruction will be permitted, but the existing square footage or function of the nonconforming structure cannot be expanded.

1.07.8.

Movement of Nonconforming Structures.

1.

Relocation of a Nonconforming Structure within a Platted Lot. Nonconforming structures may be relocated within the same platted lot.

2.

Compliance. Nonconforming structures shall comply with all setback and screening requirements.

1.07.9.

Completion of Structures. Nothing herein contained shall require any change in the plans, construction, or designated use of the following:

1.

Approved Building. A building or structure for which a building permit has been issued or a Site Plan approved prior to April 5, 2011.

2.

Building in the Approval Process. A building or structure for which a complete application for a building permit was accepted by the Chief Building Official on or before the effective date of these regulations; provided, however, that such building permit shall comply with all applicable ordinances in effect on the date such application was filed.