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El Campo City Zoning Code

ARTICLE 10

01 GENERAL PROVISIONS 1

[1]
Editor’s note–This chapter consists of the Unified Development Code (UDC) adopted by Ordinance 2019-12 enacted 4/22/19. The article and section numbers used in the ordinance have been retained. The ordinance consolidated the following development related codes, with certain amendments:
Articles 10.01–10.10 are former chapter 14, Zoning.
Article 10.12 is former article 10.02 Subdivision Ordinance.
Article 10.13 is former article 3.08, Landscaping and Tree Preservation.
Article 10.14 is former article 3.06, Signs.
Article 10.15 is former article 3.07, Recreational Vehicle Parks.
Article 10.16 is former article 4.05, Junkyards and Salvage Yards.
The definitions sections from each of the above are consolidated in section 10.17.001, Definitions.

§ 10.01.001 Short title.

This chapter shall be known and may be cited as “The City of El Campo Zoning Ordinance.”
Editor’s note–The zoning ordinance (former chapter 14) is articles 10.01–10.10 of the Unified Development Code.
(Ordinance 2000-09, exh. A, sec. 1.A, adopted 8/8/00; 2010 Code, sec. 50-1; Ordinance 2019-12 adopted 4/22/19)

§ 10.01.002 Authority and jurisdiction.

This chapter is adopted pursuant to the authority granted by the state in V.T.C.A., Local Government Code title 7, ch. 211, and all amendments. The zoning regulations shall be effective throughout the corporate limits of the city.
(Ordinance 2000-09, exh. A, sec. 1.B, adopted 8/8/00; 2010 Code, sec. 50-2; Ordinance 2019-12 adopted 4/22/19)

§ 10.01.003 Purpose.

This chapter is adopted for the purpose of protecting the health, safety, and general welfare of the residents, citizens, and inhabitants of the city. This chapter is designed to:
(1) 
Lessen congestion in the streets;
(2) 
Secure safety from fire, panic, and other dangers;
(3) 
Promote health and general welfare;
(4) 
Provide adequate light and air;
(5) 
Prevent the overcrowding of land;
(6) 
Avoid undue concentration of population; and
(7) 
Facilitate the adequate provision of transportation, water, sewers, schools, parks and other public requirements for the benefit of the citizens of the city.
(Ordinance 2000-09, exh. A, sec. 1.E, adopted 8/8/00; 2010 Code, sec. 50-3; Ordinance 2019-12 adopted 4/22/19)

§ 10.01.004 Relationship to other provisions of city codes.

If any provision of this chapter imposes a higher standard than that required by any other city regulation not contained in this chapter, the provisions of this chapter control. If any provision of any city regulation not contained in this chapter imposes a higher standard, that regulation controls.
(Ordinance 2000-09, exh. A, sec. 1.F, adopted 8/8/00; 2010 Code, sec. 50-4; Ordinance 2019-12 adopted 4/22/19)

§ 10.01.005 Relationship to comprehensive plan.

It is the intention of the city that this chapter is adopted in accordance with, and to implement, the policies adopted for the city, as reflected in the city’s 2020 Comprehensive Plan. All zoning amendments shall conform to the city’s comprehensive plan.
(Ordinance 2000-09, exh. A, sec. 1.G, adopted 8/8/00; 2010 Code, sec. 50-5; Ordinance 2019-12 adopted 4/22/19)

§ 10.01.006 Relationship to private restrictions.

The provisions of this chapter are not intended to abrogate any deed restriction, covenant, easement or any other private agreement or restriction on the use of land; provided that, where the provisions of this chapter are more restrictive or impose higher standards than a private restriction, the requirements of this chapter shall control. Private restrictions shall not be enforced by the city.
(Ordinance 2000-09, exh. A, sec. 1.H, adopted 8/8/00; 2010 Code, sec. 50-6; Ordinance 2019-12 adopted 4/22/19)

§ 10.01.007 Violations and penalties.

(a) 
It is unlawful for any person to violate any provision or requirement of this chapter. In particular, it is unlawful for any person:
(1) 
To make use of any premises for a purpose other than what is permitted in the zoning district in which the premises is located.
(2) 
To erect, construct, convert, enlarge, reconstruct, repair, structurally alter, maintain or use any building or structure for a purpose other than what is permitted in the zoning district where the building or structure is located, subject to the provisions of article 10.10 of this chapter, pertaining to nonconforming uses.
(3) 
To construct or locate more than one single-family detached dwelling or more than one two-family dwelling on one platted lot.
(4) 
That owns, occupies, or controls any premises containing a dwelling unit to knowingly cause or allow the dwelling unit to be permanently occupied by more than one family at any one time. For purposes of this subsection, a family is permanently occupying the premises if it continuously occupies the dwelling unit for more than 30 days.
(b) 
If a building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or if a building, other structure or land is used in violation of this chapter, the city may institute appropriate action to:
(1) 
Prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;
(2) 
Restrain, correct, or abate the violation;
(3) 
Prevent the occupancy of the building, structure, or land; or
(4) 
Prevent any illegal act, conduct, business, or use on or about the premises.
(c) 
In the event that any provision or requirement of this chapter is violated, the city shall notify the owner of record, as shown on the most recent property tax records, by certified mail, return receipt requested. The certified letter shall state the address and/or the legal description and general location of the property for which notice is given, the nature of the violation, and the penalty that may be assessed for the violation. The letter shall state the amount of time allowed to correct or remedy the violation, which shall not be less than 14 calendar days nor more than 90 calendar days for land use and zoning-related violations. For construction-related violations, the city shall have the ability to direct that construction activities cease immediately by the owner or owner’s contractor.
(d) 
A violation of any provision of this chapter is unlawful, a misdemeanor, and may be punished by a fine in accordance with section 1.01.009, in accordance with section 54.001 of the State of Texas Local Government Code for each offense.
(Ordinance 2000-09, exh. A, sec. 1.I, adopted 8/8/00; 2010 Code, sec. 50-7; Ordinance 2019-12 adopted 4/22/19)

§ 10.01.008 Vested rights.

(a) 
Existing permits and private agreements.
This chapter is not intended to abrogate or annul any permits issued before the effective date of the ordinance from which this chapter is derived.
(b) 
Preserving rights in pending litigation and violations under existing ordinances.
By the passage of the ordinance from which this chapter is derived, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this chapter that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of the ordinance from which this chapter is derived, but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending be proceeded with in all respects as if such prior ordinance had not been repealed.
(c) 
Completion of existing buildings.
(1) 
Nothing in this chapter nor in any amendments hereto which change district boundaries shall require any change in the plans, construction or designated use of a building which shall be completed in its entirety within two years from the date of the passage of the ordinance from which this chapter is derived, provided such building either was actually under construction at the time of the passage of the ordinance from which this chapter is derived or was authorized by building permit before the passage of the ordinance from which this chapter is derived, and further provided construction shall have been started within 90 days from passage of the ordinance from which this chapter is derived.
(2) 
Commitments with reference to construction of public utility buildings necessary for proposed expansion of the city made prior to the passage of the ordinance from which this chapter is derived shall be observed.
(Ordinance 2000-09, exh. A, sec. 1.J, adopted 8/8/00; 2010 Code, sec. 50-8; Ordinance 2019-12 adopted 4/22/19)