El Lago City Zoning Code

A comprehensive ordinance establishing zoning regulations and districts in the City of El Lago, Texas, in accordance with the comprehensive plan, regulating and restricting the height, number of stories, size, type and character of construction of buildings and other structures, the area of lots and buildings that may be occupied, the size of lots, yards, courts and other open places, the location and uses of buildings, structures and land for commerce, trade, residences and other purposes; establishing the boundaries of such districts; regulating and restricting the occupancy, improvement, erection, placement, construction, removal, reconstruction, demolition, conversion, alteration, repair and use of buildings, structures and land within such districts; providing uniform regulations for several classes and kinds of uses, buildings and structures, the types and character of construction of uses within several districts; adopting a map depicting the boundaries and classification of such districts; adopting certain regulations, restrictions, limitations, performance standards and provisions applicable to such districts and requiring compliance with all of the provisions of this ordinance, the terms used in this ordinance, and setting forth its purpose and objective; providing for parking, accessory buildings and uses, for nonconforming uses and the limitation and elimination of such uses; providing for certain exceptions, variances, modifications and special conditions to the uses established; providing the procedure to obtain specific use permits in certain instances; providing for completion of structures under construction at the time of passage of this ordinance; providing for building permits and certificates of occupancy; providing for a board of adjustment and the powers and procedure thereof; providing the procedure for amendment; prescribing penalties for violations of these provisions; providing for severability; and repealing Ordinance No. 150 of the City of El Lago in its entirety and other ordinances in conflict herewith.

The zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety and the general welfare of the City of El Lago. They have been designed to lessen congestion in the streets, to secure safety from fire and panic and other dangers, to provide adequate light and air, to prevent the overcrowding of the land, to avoid due concentration of population and to facilitate the maintenance and management of parks and other public facilities. They have been made with reasonable consideration, among other things, for the character of the district, its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

When interpreting and applying the provisions of this ordinance, such provisions shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare.

It is not intended by this ordinance, to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or Ordinances, except those specifically repealed by this ordinance or specifically in conflict herewith, or with private restrictions placed upon property by covenant, deed or other private agreement or with restrictive covenants running with the land to which the city is a party. Where this ordinance imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this ordinance shall govern.

For the purpose of this ordinance, certain words and terms that apply to the ordinance are defined in Chapter 16 [XVI], Definitions.

Words used in the present tense shall include the future, words used in the singular number shall include the plural, and words in the plural number shall include the singular.

Provisions of this ordinance are severable, in accordance with the following:

If any court of competent jurisdiction shall judge any provision of this ordinance to be invalid, such judgment shall not affect any other provision of this ordinance not specifically included in said judgment.

If any court of competent jurisdiction shall judge invalid the application of any provision of this ordinance to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment.

No building, structure, or use which was not lawfully existing at the time of adoption of this ordinance shall be, become, or be made legal solely by the adoption of this ordinance.

All buildings erected hereafter, all uses of land or buildings established or changed hereafter, and all structural alterations, enlargements, relocations, and restorations of existing buildings occurring hereafter shall be subject to the requirements and regulations of this ordinance, and no land shall be used for and no building shall be erected for or converted to any use other than provided in the regulations prescribed for the district in which it is located, except as hereinafter provided.

When a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this ordinance, June 5, 1984, and provided that construction is begun within ninety (90) days of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued and further, upon completion, may be occupied under a certificate of occupancy by the use for which originally designated, subject to all applicable provisions of this ordinance.