A.

The provisions of this Chapter apply to the use and development of all land within the incorporated limits of the City.

B.

Except as provided in this Chapter, no person shall erect, construct, or proceed or continue with, the erection or construction of any building or structure within the City in a manner that does not comply with this Chapter.

C.

All land, buildings, structures or building appurtenances within the City which are occupied, used, erected, altered, removed, demolished or converted shall be used, removed, placed and erected in conformance with the development and use regulations applicable to the zoning district in which such land or building is located.

(Ord. No. 3415, § 1(Exh. A), 1-20-2017)

This Chapter is to be known as the "Comprehensive Zoning Ordinance of the City of Farmers Branch, Texas" and is sometimes referred to herein as "this zoning ordinance" or "this Chapter."

(Ord. No. 3415, § 1(Exh. A), 1-20-2017)

This Chapter was adopted on January 24, 2017 became effective on January 24, 2017.

(Ord. No. 3415, § 1(Exh. A), 1-20-2017)

The regulations and districts established in this Chapter have been:

A.

Enacted in accordance with a Comprehensive Plan for promoting the health, safety, morals, and general welfare of the City;

B.

Designed to lessen the congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and

C.

Made with reasonable consideration, among other things, for the character of the district, and its suitability for the particular uses specified; and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City consistent with a Comprehensive Plan.

(Ord. No. 3415, § 1(Exh. A), 1-20-2017)

The requirements of this Chapter shall constitute the minimum requirements for the promotion of the public health, safety and general welfare within the City.

(Ord. No. 3415, § 1(Exh. A), 1-20-2017)

A.

The provisions of this zoning ordinance shall not interfere with, abrogate or annul any easement, covenant or other agreement between parties.

B.

Where this zoning ordinance imposes a greater restriction upon property than that imposed by other resolutions, rules, regulations, easements, covenants or agreements, the provisions of this zoning ordinance shall govern.

C.

All development within the City must comply with relevant Federal and State regulations. Whenever any provision of this zoning ordinance impose a greater requirement or a higher standard than is required in any Federal or State statute or regulation, the provisions of this zoning ordinance shall control unless preempted by Federal or State law.

(Ord. No. 3415, § 1(Exh. A), 1-20-2017)

A.

All territory annexed to the City shall be temporarily classified as R-1, One-Family Residence District until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations.

B.

In an area temporarily classified as R-1, One-Family Residence District:

1.

No person shall erect, construct or proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the City without first applying for and obtaining a Building Permit from the City Manager Designee.

2.

No permit, other than a permit that will allow the construction of a building permitted in R-1, shall be issued for the construction of a building or use of land unless and until such territory has been classified in a zoning district other than R-1 by the City Council in the manner provided by law except as provided in Section 1.7B.3.

3.

An application for a permit for any use other than that specified in Section 1.7B.2 received by the City shall be referred to the Commission for consideration and recommendation to the City Council. In making its recommendation to the City Council concerning any such permit, the Commission shall take into consideration the appropriate land use for the area and the Comprehensive Plan.

(Ord. No. 3415, § 1(Exh. A), 1-20-2017)

A.

The Commission shall not approve any plat of any subdivision within the city limits until the area within the boundaries of the proposed plat is permanently zoned by the City Council.

B.

The Commission of shall not approve any plat of any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the City is pending before the City Council unless and until such plat has been approved by resolution by the City Council.

C.

If the Commission holds a hearing regarding a proposed annexation, the Commission may concurrently hold a hearing upon the permanent zoning to be assigned to the area or tract to be annexed and make a recommendation on both matters to the City Council so that the City Council, if it desires, may act on the matter of permanent zoning and annexation at the same time.

(Ord. No. 3415, § 1(Exh. A), 1-20-2017)

No use that was an illegal use or a legal but nonconforming use on the effective date of this Chapter shall not be deemed to have become a permitted use unless the property on which such use is occurring is located within a zoning district where the use is a permitted use. No offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the existing zoning ordinance was repealed and this Chapter adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed.

(Ord. No. 3415, § 1(Exh. A), 1-20-2017)

If any section, paragraph, subdivision, clause, phrase or provision of this Chapter shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Chapter as a whole or any part or provisions, other than the part so decided to be invalid or unconstitutional.

(Ord. No. 3415, § 1(Exh. A), 1-20-2017)

No permit for the construction of a building or buildings upon any property within the City shall be issued until a building site, building tract or building lot has been created in compliance with the following conditions:

A.

The property is within the boundaries of a recorded final plat approved by the City and filed in the Official Public Records of Dallas County; or

B.

The property is all or part of a site plan adopted as part of the regulations of a Planned Development District, which shows all utility and drainage easements, alleys, streets and other public improvements necessary to satisfy the requirements for obtaining approval of a final plat in accordance with the Subdivision Ordinance as well as the designation of building areas and such required easements, alleys and streets have been dedicated and the necessary public improvements constructed and accepted by the City; or

C.

The property is located within a Light Industrial ("LI") Zoning District, has a total FAR of 0.5 or greater and is contained within a site plan for the property that has been approved by the City Council after recommendation by the Planning and Zoning Commission, that shows all utility and drainage easements, alleys, streets, and other public improvements, the designation of uses, building areas, other public and private easements, landscaping, signage, accessory buildings, ingress and egress, parking areas, building heights, screening walls, refuse collection areas, and other items as may be required to comply with all applicable City Ordinances.

(Ord. No. 3415, § 1(Exh. A), 1-20-2017)

No change shall be required in the plans, construction or designated use of a building actually under construction on the effective date of this Chapter.

(Ord. No. 3415, § 1(Exh. A), 1-20-2017)

A.

To facilitate the adequate provision of transportation, to lessen the congestion of the streets, and to secure safety from fire, panic and other dangers, minimum standards of primary access to various types of uses are established.

B.

Minimum right-of-way and street surfacing standards shall not be less than required by the City's Thoroughfare Plan, Subdivision Regulations or other City ordinances or policies.

(Ord. No. 3415, § 1(Exh. A), 1-20-2017)