Fulshear City Zoning Code
ARTICLE I
AUTHORITY, PURPOSE, AND JURISDICTION
§ 28-1-1 Title.
This chapter shall be known as the "Coordinated Development Ordinance of the City of Fulshear, Texas" or "this CDO".
(Ord. No. 2020-1331, 9-15-2020)
§ 28-1-2 Authority.
This CDO is adopted pursuant to:
(a)
The powers granted and limitations imposed by the United States and Texas Constitutions; and
(b)
Texas statutory and common laws that are relevant and appropriate, including, but not limited to, the City's Charter and the following chapters of the Texas Local Government Code (TLGC), as amended:
(1)
Chapter 42, Extraterritorial Jurisdiction of Municipalities;
(2)
Chapter 211, Municipal Zoning Authority;
(3)
Chapter 212, Municipal Regulation of Subdivisions and Property Development;
(4)
Chapter 213, Municipal Comprehensive Plans;
(5)
Chapter 214, Municipal Regulation of Housing and Other Structures;
(6)
Chapter 215, Municipal Regulation of Businesses and Occupations;
(7)
Chapter 216, Regulation of Signs by Municipalities;
(8)
Chapter 245, Issuance of Local Permits; and
(9)
Chapter 246, Construction of Certain Telecommunication Facilities.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-1-3 Purposes.
This CDO is adopted for the purposes of:
(a)
Promoting the public health, safety and general welfare of the citizens of the city;
(b)
Implementing the city's comprehensive plan;
(c)
Guiding the future growth and economic development of the city;
(d)
Achieving orderly urban development through land use and subdivision controls;
(e)
Enhancing the special characteristics and small-town character of Fulshear;
(f)
Creating a unique sense of place in concert with the city's other regulations and ordinances;
(g)
Protecting and conserving the value of land and buildings;
(h)
Minimizing the conflicts among various uses of land and buildings;
(i)
Preserving and enhancing the city's natural environment and avoiding natural and manmade hazards in the development of the city;
(j)
Balancing the protection of community resources with the need to promote economic development and protecting individual property rights; and
(k)
Establishing a process that effectively and fairly applies the regulations and standards of this CDO.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-1-4 Jurisdiction.
(a)
City limits.
The provisions of this CDO apply to the development of all land within the municipal limits of the city, unless specifically provided otherwise.
(b)
Extraterritorial jurisdiction.
The city does not regulate the use or density of property within the extraterritorial jurisdiction (ETJ). Unless it states otherwise within a specific section, the following standards, do apply within the ETJ:
(Ord. No. 2020-1331, 9-15-2020)
§ 28-1-5 Enactment and repeal.
The enactment of this CDO shall repeal and replace the following city ordinances:
• | Chapter 18, article VII, outdoor lighting; |
• | Chapter 26, manufactured homes; |
• | Chapter 28, signs; |
• | Chapter 32, article II, division 4, access management; |
• | Chapter 34, Subdivision of land; |
• | Chapter 42, Vegetation; |
• | Appendix A, zoning; |
• | Appendix B, airport zoning regulations; and |
• | Appendix C, thoroughfare plan. |
(Ord. No. 2020-1331, 9-15-2020)
§ 28-1-6 Effective date.
The effective date of September 16, 2020 shall be the date when this Coordinated Development Ordinance (CDO) of the City of Fulshear enters into the full force of law.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-1-7 Compliance with CDO.
Within the city limits, no building or structure shall be erected, converted, enlarged, reconstructed or altered for use, nor shall any building, structure or land be used or changed in such a way that it does not comply with all of the regulations established by this CDO for the district in which the building, structure, or land is located.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-1-8 Transitional provisions.
(a)
Development approvals predating code's effective date.
(1)
Existing approvals.
It is the city's intent to respect existing zoning and land development approvals. Approved development may be carried out within the scope of the development approval, including applicable standards in effect at the time of approval, provided that the approval was valid and has not lapsed per section 28-7-9, inactive applications. This specifically includes any specific use permits which were granted prior to the adoption of this CDO and building permits provided construction was commenced within 60 days after obtaining said building permit and diligently completed.
(b)
(c)
Right to complete construction.
This CDO does not require any change in the plans, construction, or designated use of any structure if:
(1)
A building permit for the structure was lawfully issued prior to the effective date of this CDO;
(2)
The building permit had not by its own terms expired prior to the effective date of this CDO;
(3)
The applicant has incurred substantial liabilities or performed substantial work in reliance on the permit, existing zoning or subdivision regulations, or provisions of this CDO, before it had actual or constructive knowledge of changes to this CDO which would, upon adoption, make the issuance of the building permit illegal; and
(4)
Construction pursuant to the building permit was commenced prior to the inactivity of the permit and within 90 days of the effective date of this CDO, or an amendment to this CDO, and was thereafter diligently pursued to completion.
(d)
Existing violations.
(1)
Generally.
Any violation of the previous version of the ordinances and appendices cited in section 28-1-5, enactment and repeal, are considered a violation of this CDO and are subject to the penalties and enforcement set out in Article VIII, Enforcement and Remedies. However, if the violating use, development, construction, or other activity complies with the provisions of this CDO, the enforcement action shall cease, except to the extent of collecting penalties for violations that occurred prior to the effective date of this CDO.
(2)
Fines and penalties.
Payment of fines is required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered a violation under this CDO.
(e)
Annexed territory.
(1)
Zoning classification at the time of annexation.
A property owner shall request rezoning to a zoning district classification during the annexation process. An ordinance proposing zoning of a parcel, or parcels, to be annexed shall not be finally adopted by the city council before the date of final adoption of the annexation ordinance. The city council may approve an annexation, annexation agreement, and zoning classification concurrently. However, should a specific zoning request not be made at the time of annexation the default zoning district of Estate Residential shall apply.
(2)
Zoning classification and regulations after annexation.
Any owner of land within the area annexed may apply for rezoning under the laws and procedures of the city after the effective date of annexation.
(3)
Effect of rezoning.
If property annexed before the effective date of this CDO is rezoned, all zoning requirements and regulations of the city take effect, and the regulations of the prior zoning jurisdiction terminate, within the annexed area.
(f)
Planned unit developments (PUDs).
(1)
Generally.
Planned unit development site plans approved prior to the effective date of this CDO are governed according to the express terms and conditions of each agreement, unless expressly repealed or modified as provided in section 28-7-30, planned development.
(2)
Phased approval.
For a development site plan that was preliminarily approved prior to the effective date of this CDO, but with phases requiring final approval after the effective date of this CDO, approval in accordance with the standards and procedures of this CDO may be sought for this and each subsequent phase of development.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1433, 9-19-2023)
§ 28-1-9 Development agreements.
When a development agreement approved by city council ordinance or resolution in accordance with TLGC section 212.172, development agreement, imposes restrictions that differ from those contained in this CDO the private development agreement shall control.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-1-10 Private agreements.
This CDO shall not interfere with, abrogate or annul any private easement, covenant, deed restriction, or other agreement between private parties. Nor shall the city enforce any private agreement entered into by one private party against another private party.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-1-11 Conflicting provisions.
(a)
In the event that the provisions of this CDO are inconsistent, conflict with one another, or with other adopted regulations of the city, the more restrictive provision shall control, unless otherwise specifically stated.
(b)
For the purposes of this Ordinance, all references to the "Master Thoroughfare Plan" shall mean and refer to the "Major Thoroughfare Plan," which terms are synonymous and interchangeable.
(c)
For the purposes of this Ordinance all references to "multiple-family" and "apartment" shall mean and refer to "multi-family/apartment" which terms are synonymous and interchangeable.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1433, 9-19-2023)
§ 28-1-12 Consistency with plans.
This CDO implements the goals, objectives, and policies of plans adopted by the city. While the city reaffirms its commitment that this CDO conforms to adopted planning policies, the city expresses its intent that no provision of this CDO may be challenged merely on the basis of an alleged nonconformity with an adopted plan or other planning policy.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-1-13 Effect of governmental condemnation.
If as a result of a condemnation, acquisition in lieu of condemnation, or any other similar action by or on behalf of a governmental entity (a "Taking"), a property or any improvements thereon in the city no longer satisfies the requirements of the City's Code of Ordinances, as existing or as hereafter amended, including without limitation any of the setback and landscape requirements in division II-2, zoning districts, or any other building or other setback or buffer requirement. Such property and any improvements thereon shall thereafter be exempted from such City Code of Ordinances' requirements, and deemed for all purposes to be in compliance with the city code of ordinances to the same extent as prior to any such taking. The exemption and deemed compliance provided for herein shall include any property and the improvements made thereon purchased prior to the taking.
(Ord. No. 2020-1331, 9-15-2020)