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Early City Zoning Code

ARTICLE 1

AUTHORITY, PURPOSE, JURISDICTION, AND APPLICABILITY

Sec. 1-1-1, Title

  • Title. This document is known and may be cited as the City of Early, Texas, Unified Development Code (UDC).
  • Short Title. References to “this Code”, "this UDC", or "this Chapter" are interpreted as references to this UDC. 

    • Effective on: 6/22/2021

    Sec. 1-1-2, Authority

    The City Council adopts this UDC pursuant to: 

    1. The powers granted and limitations imposed by the United States and Texas Constitutions;
    2. Texas Local Government Code (TLGC), including the following Chapters:
      1. TLGC Chapter 211, Municipal Zoning Authority;
      2. TLGC Chapter 212, Municipal Regulation of Subdivisions and Property Development;
      3. TLGC Chapter 214, Municipal Regulation of Housing and Other Structures;
      4. TLGC Chapter 215, Municipal Regulation of Businesses and Occupations;
      5. TLGC Chapter 216, Regulation of Signs by Municipalities;
      6. TLGC Chapter 242, Authority of Municipality and County to Regulate In and Outside Municipality's Extraterritorial Jurisdiction;
      7. TLGC Chapter 245, Issuance of Local Permits; and
      8. TLGC Chapter 246, Construction of Certain Telecommunication Facilities;  

    3. Texas Water Code (TWC) Chapter 16, Section 315, Political Subdivisions; Compliance with Federal Requirements (National Flood Insurance Program);

    4. Texas Occupations Code (TOC) Chapter 1202, Industrialized Housing and Buildings; and

    5. Such additional authority as may be conferred by the Texas Statutes. 

    Effective on: 6/22/2021

    Sec. 1-1-3, Purposes

    The City Council adopts this UDC to: 

    1. Protect the public health, safety, and general welfare of the present and future inhabitants of the City;
    2. Promote the stability of existing land uses that protect these uses from unharmonious influences and harmful intrusions;
    3. Promote a harmonious, convenient, workable relationship among land uses;
    4. Encourage quality development through effective planning which utilizes modern innovations of urban design and provides for economic growth;
    5. Promote and protect the aesthetic quality of the City by conserving and enhancing the taxable values of land and buildings throughout the city;
    6. Provide adequate light and air;
    7. Encourage proper population densities and prevent the overcrowding of structures;
    8. Provide adequate protection for community investments in water, sewer, streets, schools, parks, and other community facilities;
    9. Promote a safe, effective traffic circulation system;
    10. Provide safety from fire and other dangers;
    11. Prohibit uses, buildings, or structures incompatible with the character of such districts; and
    12. Provide for the gradual elimination of nonconforming uses of land, buildings, and structures.

    Effective on: 6/22/2021

    Sec. 1-1-4, Jurisdiction

  • City Limits. The provisions of this UDC apply to the development of all land within the municipal limits of the City of Early, unless specifically provided otherwise.
  • Extraterritorial Jurisdiction. The City does not regulate the use or density of property within the extraterritorial jurisdiction (ETJ). Unless it states otherwise within a specific section, the following standards, do apply within the ETJ:
    1. ARTICLE 3, Development Standards;
    2. ARTICLE 4, Subdivision Standards; and
    3. ARTICLE 5, Environmental Management.

    • Effective on: 6/22/2021

    Sec. 1-1-5, Enactment, Effective Date, and Repeal

  • Enactment. The enactment of this Chapter is pursuant to Ordinance 2021-05.
  • Effective Date. The effective date of June 22, 2021 shall be the date when this Unified Development Code (UDC) enters into the full force of law.
  • Repeal. The enactment of this UDC consolidates the City's existing land development ordinances.  As a result of this consolidation, the following City ordinances are repealed in their entirety as of the effective date of this UDC and replaced by this UDC:
    1. Chapter 2, Article IV, Division 2, Planning and Zoning Commission;
    2. Section 3-61, Location of Alcoholic Beverage Establishments;
    3. Chapter 9, Flood Damage Prevention and Protection;
    4. Chapter 13, Mobile Home Parks;
    5. Chapter 18, Sign Regulations;
    6. Chapter 19, Article II, Specifications; 
    7. Chapter 20, Subdivision Regulations; and
    8. Chapter 23, Zoning. 

    • Effective on: 6/22/2021

    Sec. 1-2-1, Compliance with UDC

    Within the City limits, no building or structure shall be erected, converted, enlarged, reconstructed or altered for use, nor shall any building, structure or land be used or changed in such a way that it does not comply with all of the regulations established by this UDC for the district in which the building, structure, or land is located.

    Effective on: 6/22/2021

    Sec. 1-2-2, Transitional Provisions

  • Development Approvals Predating Code’s Effective Date.
    1. It is the City’s intent to respect existing zoning and land development approvals. Approved development may be carried out within the scope of the development approval, including applicable standards in effect at the time of approval, provided that the approval was valid and has not lapsed per Sec. 8-2-6, Inactive and Expired Applications. This specifically includes any specific use permits which were granted prior to the adoption of this ordinance.
    2. This section does not prevent the City from adopting or enforcing building codes.
  • Pending Applications.
    1. Except as provided in subsection B(2) below, each application for development approval shall be evaluated only by the zoning regulations and adopted ordinances in effect at the time that each complete application is submitted.
    2. Applications that are not pursued with due diligence may expire pursuant to Sec. 8-2-6, Inactive and Expired Applications.
  • Existing Violations. Any violation of the previous version of the City land development regulations is considered a violation of this UDC and is subject to the penalties and enforcement set out in ARTICLE 9, Enforcement and Remedies. However, if the violation now complies with the provisions of this UDC, the enforcement action shall cease, except to the extent of collecting penalties for violations that occurred prior to the effective date of this UDC.

    • Effective on: 6/22/2021

    Sec. 1-2-3, Development Agreements

  • Development Agreements Approved Before the Effective Date of this UDC. When a development agreement approved by City Council ordinance or resolution prior to the effective date of this UDC imposes restrictions that differ from those contained in this UDC, the private development agreement shall control. 
  • Development Agreements Approved After the Effective Date of this UDC.  
    1. ​​​​​​Land Use Regulations. Development agreements entered into after the effective date of this UDC shall take into consideration the intent and purpose of this UDC for zoning and land use regulations prior to being entered into. 
    2. Annexation. Development agreements may be entered into by an applicant as a means to address public utilities and any other public service.   

    • Effective on: 6/22/2021

    Sec. 1-2-4, Conflicting Provisions

    In the event that the provisions of this UDC are inconsistent or conflict with one another or when the regulations of this Code conflict with other adopted Ordinances or regulations of the City, the more restrictive provision shall control, unless otherwise specifically stated.

    Effective on: 6/22/2021