Emory City Zoning Code
§ 5
GENERAL PROVISIONS.
A.
ESTABLISHMENT OF DISTRICTS
For the purpose of this Ordinance, the City of Emory, Texas, is hereby divided into eight (8) districts as follows:
R1 - Single-Family Residential Low Density District |
R3 - Multiple-Family Residential High Density District |
C1 - Retail District |
C2 - General Commercial District |
LI - Light Industrial District |
MH - Mobile Home Park District |
PD - Planned Development District |
ID - Institutional District |
B.
FLOODPLAIN DESIGNATION OVERLAY
Notwithstanding the foregoing, there shall be a district known as a “FP” floodplain district which may be coextensive with or overlap any or all of the foregoing districts or portions thereof and any tract of land or portion thereof may, at the same time, be zoned for the uses in one of the foregoing districts and be zoned “FP” floodplains.
Where a tract of land or portion thereof is zoned for the uses of one of the foregoing districts and is also zoned “FP” floodplain, the restriction contained in the “FP” floodplain district shall be applicable to said tract or portion thereof and shall take precedence over the other zoning districts.
C.
OFFICIAL ZONING MAP
The city is hereby divided into zones, or districts, as shown on the official zoning map, which together with all explanatory matter thereon, is in existence and is hereby adopted and declared to be a part of this Ordinance.
D.
MAP CERTIFIED
The official zoning map shall be identified by the signature of the mayor, attested by the city clerk and bearing the seal of the city under the following words:
“This is to certify that this is the official zoning map adopted as part of Ordinance No._____ of the City of Emory” |
E.
LOCATION OF MAP
The official zoning map shall be in the custody of and shall remain on file in the office of the city secretary.
F.
PUBLIC INSPECTION OF MAP
The official zoning map shall be available for public inspection for all matters which are of public record.
G.
AMENDMENT OF OFFICIAL ZONING MAP
When changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the City Council. No amendment to this chapter which involves matters portrayed on the official zoning map shall become effective until after council approval and after such change has been made to said map.
H.
OFFICIAL ZONING MAP REPLACEMENT
The City Council may by ordinance adopt a new official zoning map should the original reproducible tracing of the official zoning map be damaged, destroyed, lost or become ambiguous because of the nature or number of changes and additions. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor attested by the city clerk, and bearing the seal of the city under the following words:
“This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as a part of the Zoning Ordinance of the City of Emory, Texas.” |
I.
INTERPRETATION
(1)
When the district boundaries are either roads or streets, unless otherwise shown, and where the designation of the district map indicates that the various districts are bounded by a road or street line, the centerline of such [road] or street shall be construed to be the district boundary line.
(2)
Where the district boundaries are not otherwise indicated and where property has been subdivided into lots and blocks, the subdivision boundaries shall be construed to be the boundary of the district.
(3)
Where the district boundaries are not otherwise indicated for unsubdivided property, the district boundaries are property lines or section lines, or quarter section lines, or quarter-quarter section lines.
(4)
Where district boundaries are disputed or not otherwise clearly designated, or where the physical or structural features are at variance with the official zoning map or other circumstances not covered in this section, the board of adjustment shall interpret the district boundaries.
J.
RULES FOR WORDS AND PHRASES
For the purposes of this Ordinance, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word “shall” is mandatory, not directory; the word “may” is permissive; the word “person” includes a firm, association, organization, partnership, trust, foundation, company, or corporation as well as an individual; the word “used” includes designed and intended or arranged to be used; the word “building” includes the word “structure”; the word “lot” includes “building lot” or parcel. Wherever this Ordinance imposes a greater restriction [than] that imposed by other Ordinances, laws, or regulations, the provisions of this Ordinance shall govern.
K.
COMPLIANCE WITH REGULATIONS
The regulations set by the Ordinance within each district shall be minimum regulations and shall apply uniformly to each class and kind of structure or land, except as hereinafter provided.
(1)
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, repaired, moved, or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.
(2)
No building or other structure shall hereafter be erected or altered to exceed the height or bulk, to accommodate or house a greater number of families, or to occupy a greater percentage of lot area than that specified for the district in which it is located.
(3)
No building or other structure shall have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required or in any other manner contrary to the provisions of this Ordinance.
(4)
No part of a yard, other open space, off-street parking or loading space required about or in connection with any building for the purpose of complying with this section shall be included as a part of a yard, open space, off-street parking, or loading space similarly required for any other building.
L.
STRUCTURES TO HAVE ACCESS
Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
M.
VISIBILITY AT INTERSECTIONS
On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to interfere with traffic visibility across the corner. This visibility area shall be a triangle measured twenty (20) feet from the point of right-of-way line intersection. All objects on the ground in said triangle should not exceed two and one-half (2-1/2) feet in height and vegetation should not droop to less than ten (10) feet from the ground.
N.
FENCES, WALLS, AND HEDGES
Except as provided by other sections of this chapter, a fence, wall, or hedge may be erected, placed, maintained, or grown along a lot line or residentially zoned property to a height not exceeding eight (8) feet above the ground level. The board of adjustment may grant a variance from this subsection after a public hearing if it is found that such action is within the general purpose and intent of this chapter.
O.
HEIGHT AND AREA EXCEPTIONS
The regulations contained herein relating to the height of buildings or structures and the size of yards and other open space shall be subject to the following exceptions:
(1)
Churches, schools, and other public and quasi-public buildings may be erected to a height not exceeding sixty (60) feet or five (5) stories, provided the front, side, and rear yards required in the district in which such a building or structure is to be located in which such a building or structure is to be located [sic] are each increased at least one (1) foot for each foot of additional height above the height otherwise established for the district in which such building or structure is to be located.
(2)
Chimneys, cooling towers, church steeples or spires, tanks, water towers, television antennas, microwave radio relay or broadcasting towers, mast[s] or aerials and necessary mechanical appurtenances are hereby excepted from the height regulations of this chapter.
(3)
When a lot has an area less than the minimum number of square feet per family, as required for the district in which it is located, and was of record as such at the time of the passage of this Ordinance, such lot may be occupied by one (1) family subject to the setback, rear yard, and side yard regulations for the district in which it is located.
P.
HOME OCCUPATIONS
The purpose of the home occupation provisions is to permit the conduct of home occupations which are compatible with the neighborhoods in which they are located. Home occupations are a permitted accessory use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:
(1)
Only the members of the immediate family occupying the dwelling shall be engaged in the home occupation.
(2)
The home occupation shall be conducted only within the enclosed area of the dwelling unit or the garage.
(3)
No more than twenty-five percent (25%) of the area of one (1) story of the principal building shall be devoted to the home occupation.
(4)
There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.
(5)
No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.
(6)
No use shall create smoke, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
(7)
The home occupation shall not create any increase in vehicular flow or parking by more than two (2) additional vehicles at a time and shall not create greater pedestrian traffic than normal for the district.
(8)
No home occupation shall cause an increase in the use of any one (1) or more utilities beyond the average of the residences in the neighborhood.
(9)
No more than one (1) advertising sign with a maximum of four (4) square feet of a non-illuminating nature may be placed on the main building.
(10)
Examples of home occupations:
The following are examples of uses which can often be conducted within the limits of this section. Uses listed in this paragraph do not automatically qualify as a home occupation nor does this listing limit the uses which may qualify as home occupations: handicraft, dressmaking, preserving, accountant, artist, author, consultant, individual tutoring, millinery, and realtor.
(11)
Prohibited uses:
The following uses have a tendency to violate the provisions for home occupations and thereby impair the character of residential areas. Therefore, the uses specified shall not be permitted as accessory uses in residential districts: auto repairs, painting of vehicles or boats, private schools, photo studios, dance instruction, and television repair.
(12)
Interpretation of home occupation:
The board of adjustment shall interpret the provisions of this section to determine the validity of a home occupation. A use considered not within the scope of the home occupation provisions shall be subject to the provisions of the commercial zones of this chapter.
(Ordinance 4B-2005 adopted 3/15/05; Ordinance 5-2022 adopted 12/13/2022; Ordinance 8-2024 adopted 9/26/2024)