THIS CHAPTER IS HEREBY ENACTED AND ADOPTED AS THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF DENISON, TEXAS. THE PREVIOUS ZONING ORDINANCE OF THE CITY, CHAPTER 28, ADOPTED ON THE 7 ^th DAY OF JULY, 1965, TOGETHER WITH ALL AMENDMENTS THERETO, IS HEREBY AMENDED, REPEALED AND REPLACED IN ITS ENTIRETY BY THIS ORDINANCE TO READ AS FOLLOWS:

This chapter shall be known and may be cited as the City of Denison's "Comprehensive Zoning Ordinance" or "Zoning Ordinance."

As authorized by V.T.C.A., Local Government Code ch. 211, 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, and protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within 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.

28.3.1. 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 chapter as fully as if the same were set forth herein in detail.

28.3.2. One (1) 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 Denison, Texas—Ordinance No. 4720." For legibility purposes the zoning map may be printed in sections at a large scale. This copy 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 referred to in Section 28.3.3. of the Zoning Ordinance, Ordinance No. 4720 of the City of Denison, Texas, adopted on the 29 ^th day of July, 2009." This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.

28.3.3. A copy of the official zoning district map shall be placed in the office of the planning director. The map copy (including any sections) shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Reproductions for informational purposes may be made of the official zoning district map or this copy.
Any changes or amendments made to the zoning district boundaries shall be made on the map copy promptly after the amendment has been approved by the city council, together with a descriptive entry on the map as follows: "On the ___th day of ___________, 20___, by official action of the City Council of Denison, Texas, the following change(s) was made on the city's official zoning district map: ___________ (enter a brief description of the nature of the change), Ordinance No. ___, effective date _______, 20___." Each descriptive entry for a zoning map amendment shall be signed by the mayor and attested by the city secretary.

28.3.4. 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 adopt, by ordinance following a public hearing, a new official zoning map which shall replace and supersede the prior zoning map, but which shall not, in effect, amend or otherwise change the original official zoning map or any subsequent amendment thereto. 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 section 28.3.3 of the Zoning Ordinance, Ordinance No. 4720 of the City of Denison, Texas, adopted on the 29 ^th day of July, 2009." Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

28.3.5. The city council may adopt, by ordinance following a public hearing, a new official zoning map which shall replace and supersede the prior zoning map. The adoption of a new official zoning map shall require public hearing and notice requirements specified in section 28.10. 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 subsection 28.3.3 of the Zoning Ordinance, Ordinance No. 4720 of the City of Denison, Texas, adopted on the 29 ^th day of July, 2009." Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

28.4.1. The zoning 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 zoning district map, the following rules shall apply:

A.

Boundaries shown falling along a street shall be interpreted to be the centerline of the street.

B.

Boundaries shown as approximately following platted lot lines shall be construed as following such lot lines.

C.

Boundaries shown as approximately following city limits shall be construed as following such city limits.

D.

Boundaries shown as following railroad lines shall be construed to be located along the centerline of the railroad right-of-way lines.

E.

Boundaries shown 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. 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.

F.

Boundaries shown as parallel to, or extensions of, features described in subsections A. through E. above shall be so construed. Distances not specifically indicated on the zoning district map shall be determined by the scale of the map.

G.

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 and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

H.

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.

I.

Where physical features on the ground are at variance with information shown on the 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 subsections A. through H. above, then the board of adjustment shall interpret the zoning district boundaries.

J.

If the zoning of property is invalidated by a judgment of a court of competent jurisdiction, no application for establishment or development of any use of the land shall be accepted for filing other than for a use authorized in the "A" (agricultural) district that meets the standards governing development within such district, until the land is rezoned, except as expressly required otherwise by the court.

K.

Zoning changes which are still valid and which were made between the effective date of the previous zoning ordinance codified as chapter 28, Denison Code of Ordinances, adopted on July 7, 1965 and the effective date of this ordinance [Ordinance No. 4720], are indicated in approximate locations on the zoning district map. For exact legal descriptions, refer to the adopting ordinances for each particular zoning change.

28.5.1. All land, buildings, structures or appurtenances thereon located within the City of Denison, Texas which are hereafter occupied, used, constructed, erected, 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, or such shall be subject to penalties as per section 28.66 of this chapter. All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise.

28.5.2. No lot upon which a building has been erected shall later be so reduced in area that the setbacks, yards and/or open spaces shall be smaller than those required by this chapter, nor shall a part of a yard or other open space required by this chapter for any building/lot be included as a part of a yard or other open space similarly required for another building/lot.

28.5.3. No building shall hereafter be erected or altered:

A.

To have more narrow or smaller front, side or rear yards than those required by this chapter;

B.

To exceed the maximum height allowed by this chapter;

C.

To occupy a greater percentage of lot area than allowed by this chapter; or

D.

To accommodate or house a greater number of families than is specified within this chapter for the zoning district in which such building is located.

28.6.1. As soon as practical following annexation, but in no event more than one hundred eighty (180) calendar days thereafter, the city council shall, on its own motion or by property owners of the annexed area, initiate proceedings to establish agricultural ("A") zoning or other such zoning in compliance with the land use plan, as amended, on the newly annexed territory zoning on the newly annexed territory, thereupon the planning director (or his/her designee) shall commence public notification and other standard procedures for zoning amendments as set forth in section 28.10 of this chapter. Said 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 must occur after annexation approval and adoption have occurred, and as a separate and distinct action by the city council.

28.6.2. The initial zoning of a land parcel, whether by initiation of the landowner or by initiation of the city, must meet the requirements for notification and public hearings as set forth in section 28.10 of this chapter and all other applicable state laws.

28.6.3. The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of the petition for annexation, but no such annexation application may be made conditioned upon the approval of any particular zoning classification.

28.6.4. Until annexed land is initially zoned pursuant to this section, no application for establishment or development of any use of the land shall be accepted for filing other than for a use authorized in the "A" (agricultural) district that meets the standards governing development within such district.