Garland City Zoning Code
ARTICLE 3
ZONING REGULATIONS
§ 2.27 Purpose of Regulations & Districts.
The zoning regulations and districts contained in this GDC are established in accordance with the City’s adopted Comprehensive Plan (as amended), as authorized by Chapter 211 of the Texas Local Government Code, for the purpose of promoting the public health, safety, morals and general welfare, and protecting and preserving places and areas of historical, cultural, and architectural importance and significance within the City limits. The zoning regulations and districts contained in this GDC are established with reasonable consideration for, among other things, the character of each zoning district and its peculiar suitability for the particular uses specified, conserving the value of land, buildings, and environmentally sensitive features, and encouraging the most appropriate use of land throughout the City. These districts and regulations have specifically been designed, among other things:
(A)
To aid in the health and safety of the community;
(B)
To suppress and prevent disorder;
(C)
To lessen congestion in the streets;
(D)
To secure safety from fire, panic, and other dangers;
(E)
To ensure adequate light and air;
(F)
To prevent the overcrowding of land, avoiding undue concentration of population; and
(G)
To facilitate the adequate provision of transportation, water supply, wastewater treatment, schools, parks, and other public requirements.
(Ordinance 6773 adopted 5/19/15)
§ 2.28 Division of the City into Districts & Related Map.
The City is hereby divided into zoning districts and the boundaries of zoning districts set out herein are delineated upon the Zoning Map of the City, which is incorporated herein by reference as if the same were set forth herein in detail.
(Ordinance 6773 adopted 5/19/15)
§ 2.29 The Official Zoning Map.
(A)
Official Map.
The City’s official Zoning Map must be maintained as an electronic file and titled as “Official Zoning Map of the City of Garland, Texas.” The aforementioned electronic version is the official Zoning Map and must bear the signature of the Mayor, attested by the City Secretary, must bear the seal of the City, and must contain the following certification: “This is to certify that this is the Official Zoning Map referred to by the Garland Development Code, Ordinance No. ________ of the City of Garland, Texas, adopted on the ________ day of ___________, 20__, as amended by official action of the City Council.”
(B)
Maintenance of Official Map.
The official Zoning Map must be maintained in the office of the Planning Director. The Map must be kept up-to-date by promptly incorporating all subsequent amendments enacted by official action of the City Council into the official Zoning Map.
(C)
Changes or Amendments Reflected on the Map.
Any changes or amendments made to the zoning district boundaries must be incorporated into the electronic version of the official Zoning Map promptly after the amendment has been approved by the City Council. The Planning Director must maintain a descriptive log of amendments to the Map.
(D)
Replacement of the Official Zoning Map.
In the event that the official Zoning Map file becomes damaged, destroyed, lost, or difficult to interpret for any reason, the City Council may adopt, by ordinance following a public hearing, a new official Zoning Map that will replace and supersede the prior Zoning Map, but will not amend or otherwise change the original official Zoning Map or any subsequent amendment thereto.
(Ordinance 6773 adopted 5/19/15)
§ 2.30 Zoning District Boundaries.
(A)
Rules of Interpretation.
Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules apply:
(1)
Boundaries shown as approximately following the centerlines of streets, highways, alleys, and railroad lines must be construed to follow the centerlines (if established) or the mid-point between the right-of-way or easement lines.
(2)
Boundaries shown as approximately following platted lot lines, City limits, or other jurisdictional boundaries must be construed as following such lot lines or boundary lines.
(3)
Boundaries shown as following shorelines or the centerlines of streams, rivers, creeks, canals, bodies of water, or drainageways must be construed to follow the shorelines or centerlines (as applicable), and in the event of change in a shoreline or centerline boundaries must be construed as moving with the actual shoreline or centerline.
(4)
Boundaries indicated as approximately following the “take line” along Lake Ray Hubbard must be construed as following the actual “take line.”
(5)
Boundaries shown as parallel to, or extensions of, features described in Subsections (1) through (4) above must be so construed. Distances not specifically indicated on the Zoning Map must be determined by the scale of the Map.
(6)
The zoning classification applied to a tract of land adjacent to a street will extend to the centerline of the street unless, as a condition of zoning approval, it is stated that the zoning classification will not apply to the street. Whenever any street, alley, or other public way is vacated by official action of the City Council, the zoning district line adjoining each side of such street, alley, or other public way is extended to the centerline of the vacated street, alley, or public way.
(7)
Where physical features on the ground are at variance with information shown on the Zoning Map, or if there arises a question as to how or whether a parcel of property is zoned and the question cannot be resolved by the application of Subsections (1) through (6) above, then the Plan Commission must reasonably interpret the zoning district boundaries.
(8)
If the zoning of property is invalidated by a judgment of a court of competent jurisdiction, the property will be considered classified as AG, Agricultural district in the same manner as provided for newly annexed territory.
(B)
Prior Changes of Zoning.
Changes of zoning that were made between the effective date of the previous Zoning Ordinance (Ordinance No. 4647, as amended), adopted on March 30, 1993, and the effective date of this GDC are valid, and are depicted in approximate locations on the Zoning Map. For exact legal descriptions, refer to the adopting ordinances for each particular change of zoning.
(Ordinance 6773 adopted 5/19/15)
§ 2.31 Compliance & Application of Zoning Regulations.
(A)
Compliance Hereafter.
All land, buildings, structures, or appurtenances thereon located within the City of Garland, Texas that are occupied, used, constructed, erected, removed, placed, demolished, or converted after the effective date of this GDC must be in conformance with the zoning regulations prescribed for the zoning district in which the land or building is located, or the land, buildings, structures, or appurtenances will be subject to penalties provided in Chapter 5 of this GDC. This provision applies to only the portion of the building, structure, or land that is actually newly occupied, used, erected, constructed, reconstructed, moved, or structurally altered after the effective date of this GDC. All of the standards and regulations prescribed by this GDC are the minimum requirements unless explicitly stated otherwise.
(B)
Lot Area Deficiency.
If a lot was legally platted prior to the effective date of this GDC, was held in separate ownership from any adjacent property prior to the effective date of this GDC, and contains less area, width, or depth than is required under these regulations, the platted lot may be used for any lawful use within the district notwithstanding the lot area deficiency. However, the lot is subject to all other district regulations.
(C)
Use Conflicting with Other Regulations.
Uses prohibited by state or federal law, or that operate in excess of state or federal environmental, pollution, or performance standards as determined by the applicable state or federal agency, are prohibited under this GDC.
(D)
Yards, Open Spaces, Off-Street Parking and Loading Spaces.
No part of a yard, open space, or off-street parking, or loading space required for a building or use by these zoning regulations may be used to satisfy a requirement for any other building or use unless “sharing” of the space is specifically approved by the City during the zoning, platting, or development process.
(E)
Completion of Buildings.
No provision herein shall be interpreted to require any change in the plans, construction, or use of a building for which a currently valid Building Permit has been obtained as of the effective date of this GDC, so long as the entire building is completed within two years (that is, 730 calendar days) following the effective date of this GDC.
(1)
The Building Official, upon application, may grant a one year (that is, 365 calendar days) time extension to complete the building or project upon demonstration of reasonable construction progress toward completion.
(2)
A Building Permit, which does not expressly state an expiration date, in effect as of the effective date of this GDC, shall become void if no progress has been made toward completion within two years (that is, 730 calendar days) following the effective date of this GDC.
(F)
Existing Uses.
All existing uses that may be nonconforming after the effective date of this GDC shall comply with Chapter 2, Article 7 of this GDC.
(G)
Appurtenant to the Land.
Zoning is considered to be appurtenant to the land rather than the landowner.
(Ordinance 6773 adopted 5/19/15)
§ 2.32 Zoning Regulations & Annexation.
(A)
Establishment of Zoning.
As soon as practical following annexation, but in no event more than one hundred and eighty calendar days thereafter, the Planning Director must initiate proceedings to establish appropriate zoning on the newly annexed territory. The Planning Director must give public notification and must comply with all other standard procedures for a change of zoning as set forth in Article 2, Division 1 of this Chapter 2, and in Chapter 1 of this GDC.
(B)
Timing of Zoning.
The proceedings to establish zoning may be undertaken concurrently with annexation procedures (that is, notices and public hearings). However, the final zoning approval and formal adoption of the ordinance establishing zoning may only occur after annexation takes effect and as a separate and distinct action by the City Council.
(C)
Initial Zoning.
From the time an annexation takes effect until action is completed to zone the land, the land is zoned as Agricultural (AG) district, and all zoning and development regulations of the Agricultural zoning district must be adhered to with respect to development and use of the land.
(D)
Proper Notification.
The initial zoning of annexed land must meet the requirements for notification and public hearings as set forth in Chapter 1 of this GDC and all applicable state laws.
(E)
Simultaneous Petition for Annexation & Zoning by a Landowner.
The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of a petition for annexation, but an annexation petition may not be conditioned upon the approval of any particular zoning classification.
(Ordinance 6773 adopted 5/19/15)