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Farmersville City Zoning Code

ARTICLE I

- PURPOSE AND ENACTMENT

Sec. 77-1. - Title.

That this chapter of the city Code, shall be known as "The Comprehensive Zoning Ordinance," and that it supersedes all previous zoning ordinances of the city.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

Sec. 77-2. - Purpose.

The zoning districts and regulations established in this chapter have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the city. They have been designed to regulate and restrict the height, number of stories and size of buildings and other structures; the percentage of the lot that may be occupied; the size of the yards, courts and other open spaces; the density of population and the location and use of buildings, structures and land for business, residence and other purposes, and to lessen congestion in streets; to secure safety from fire, panic and other dangers; to provide adequate light and air, and prevent the overcrowding of land; to facilitate the adequate provision of transportation, water, sewer, schools, parks and other public requirements; and with a view of conserving the value of building and encouraging the most appropriate use of land through the city.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

Sec. 77-3. - Empowerment to zone.

The Farmersville Zoning Ordinance is enacted pursuant to the powers granted and limitations imposed by laws of the state, including the statutory authority granted in V.T.C.A., Local Government Code Chs. 211 and 212, and all other relevant laws of the state. Whenever any provision of this Code refers to or cites a section of the Texas Revised Statutes and that section is later amended or superseded, this Code shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

Sec. 77-4. - Compliance required.

All land, buildings, structures or appurtenances thereon located within the city which are hereafter occupied, used, erected, altered, removed, placed, demolished or converted shall be used, erected, altered, removed, or placed and demolished in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

Sec. 77-5. - Creation of building site.

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

(1)

The lot or tract is part of a plat of record, properly approved by the planning and zoning commission and/or city council and filed in the county plat records;

(2)

The site plot or tract is all or part of a site plan officially approved by the city council in a planned development district following recommendation by the planning and zoning commission, which site plan shall provide all utility and drainage easements, alleys, streets, and other public improvements necessary to meet the normal requirements for platting, including the designation of building areas and such easements, alleys, and streets required and properly dedicated and necessary public improvements provided;

(3)

The plot, tract or lot faced upon a dedicated street and was separately owned prior to January 23, 1998, or prior to the annexation of the property to the city, whichever is applicable, in which event a building permit for only one main building or accessory building may be issued on each such original, separately owned parcel without first complying with subsection (1).

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

Sec. 77-6. - Certificate of occupancy.

(a)

No building or land shall be used or occupied for any use or purpose for which a specific use permit or planned development has been granted nor shall a nonconforming use be changed to another nonconforming use without first obtaining a certificate of occupancy and compliance from the city manager.

(b)

A record issued shall be maintained by the city manager of all certificates of occupancy issued by the city and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the land or building covered by a specific use permit, planned development or nonconforming use.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

Sec. 77-7. - Completion of building approved or under construction.

Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of the ordinance from which this article is derived, which entire building shall be completed within one year from the date of the passage of the ordinance from which this article is derived.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

Sec. 77-8. - Location of dwelling and buildings.

(a)

Number of buildings per lot.

(1)

Single-family and two-family uses. Only one main building for single-family or two-family use with permitted accessory buildings may be located upon a lot or platted tract.

(2)

Multifamily and nonresidential uses. Where a lot is used for multifamily, retail, office, commercial, or industrial purposes, or a combination of same, or for a combination of retail and dwelling purposes, more than one main building may be located upon the lot, but only when such buildings conform to all the open space, parking, and density requirements applicable to the uses and districts. No storage area or required open space for one building shall be computed as being the open space for any other dwelling or other use.

(b)

Street frontage and access.

(1)

Single-family and two-family uses. Every dwelling shall face or front upon a public street or approved place other than an alley.

(2)

Multifamily and nonresidential uses. Whenever two or more main buildings or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the planning and zoning commission.

(3)

Religious facilities, independent living facilities, assisted living facilities, long-term care facilities, continuing care facilities, community centers, hospitals, colleges, universities, trade schools, and public, private, and parochial schools located in any residential district shall have access to a street with a minimum pavement width of 36 feet.

(4)

Through lots are hereby prohibited.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)