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Goliad City Zoning Code

Division 1

Generally

§ 14.02.001 Authority.

This article is prepared under the authority of chapter 211, Texas Local Government Code of the State of Texas, to promote health, safety, and morals, and for the protection and preservation of places and areas of historical and cultural importance and significance, or the general welfare of the community, and the legislative body is empowered to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of 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 trade, industry, residence, or other purpose; and, in the case of designated places and areas of historic and cultural importance, to regulate and restrict the construction, alteration, reconstruction or razing of buildings and other structures.
(Ordinance adopted 10/13/21)

§ 14.02.002 Purpose.

These zoning regulations are made in accordance with the spirit of the comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. These regulations are made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.
(Ordinance adopted 10/13/21)

§ 14.02.003 General provisions.

(a) 
Establishment of districts.
For the purpose of this article, the city is hereby divided into districts as listed in the attached section 14.02.204 - residential lot and dimension table.
(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 district and be zoned “FP” floodplain. Where a tract of land or portion thereof is zoned for the uses of the foregoing districts and is also zoned “FP” floodplain, the restrictions 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) 
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 article.
(d) 
Map certified.
The official zoning map shall be identified by the signature of the mayor, attested by the city secretary, 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 Goliad, Texas.”
(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 and the city administrator.
(f) 
Public inspection of map.
The zoning map, or a copy, shall be available for public inspection for all matters that 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.
(h) 
Official zoning man 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 secretary, 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 Goliad, 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 in 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 article, 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 article imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of this article shall govern.
(k) 
Compliance with regulations.
The regulations set by this article 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 of 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 herein 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 article.
(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 [article], 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 with traffic visibility across materially) to interfere [with] the corner. This visibility area shall be a triangle measured twenty-five (25) feet from the point of right-of-way line intersection. All objects on the ground in said triangle should not exceed two (2) feet in height and vegetation should not droop to less than ten (10) feet from the ground.
(n) 
Fences, walls, and hedges.
Please refer to the city’s fence ordinance for specific restrictions.
(o) 
Height and area excitations.
The regulations contained herein relating to the height of buildings or structures and the size of yards and other open spaces 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 thirty (30) feet or two (2) stories, provided the front, side, and rear yards required in the district in which such a building or structure is to be located 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, masts or aerials, and necessary mechanical appurtenances, are hereby excepted from the height regulations of this section.
(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 article, 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 occupation.
The purpose of the home occupation provision is to permit the conduct of home occupations that 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 (25) percent 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, 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 interface, or any other nuisance 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 signs may be erected identifying a home occupation in a residential neighborhood, unless required by law.
(9) 
Examples of home occupations: The following are examples of uses that 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 that may qualify as home occupations: Handicraft, dressmaking, accountant, artist, consultant, individual tutoring (music lessons included), millinery, attorney, and realtor. 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: Commercial auto repairs, painting of vehicles or boats, private schools, and child day-care center of more than ten (10) children.
(Ordinance adopted 10/13/21)

§ 14.02.004 Amendments.

(a) 
General.
The zoning regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified or repealed. Such amendments, supplements, changes, modification, or repeal shall be deemed to amend, supplement, change, modify, or repeal the comprehensive plan of the city and shall become a part of such comprehensive plan. The planning and zoning commission and its composition and duties are established by the city council.
(b) 
Amendment initiation.
An amendment to this article may be initiated by:
(1) 
City council on its own motion;
(2) 
Planning and zoning commission; or
(3) 
Request by owner or agent of owner of property to be changed.
(c) 
Procedure.
(1) 
All requests for amendments to zoning district boundaries shall be submitted, together with required fees, to the administrative official, which officer shall cause notices to be sent and the petition placed on the planning and zoning commission agenda.
(2) 
The city council may not enact any proposed amendment until the planning and zoning commission makes its final report to the city council. The city council may refer proposed amendments to the planning and zoning commission for recommendation. Requests for changes in zoning districts shall include the proposed designation or designations for the area concerned. Alternative proposals may be made at the time of filing the original request for amendment; however, all hearings and deliberations shall be limited to the request as submitted by the applicant at the time of original filing.
(d) 
Public hearing and notice.
Prior to making its report to the city council, the planning and zoning commission shall hold at least one (1) public hearing thereon. Written notice of all public hearings on proposed changes in district boundaries shall be sent not less than ten (10) days before such hearing is held to all owners of property which is located within the area proposed to be changed, within two hundred (200) feet of such property or within two hundred (200) feet of any other adjacent property under the same ownership as the tract to be rezoned. Measurements shall be taken inclusive of public streets. Such notice may be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States mail. No notice of hearings before the planning and zoning commission on proposed changes in zoning regulations need be given except as may be required by state law.
(e) 
Commission report.
The planning and zoning commission, after the public hearing is closed, shall vote on its recommendations on the proposed change to be sent in a report to the city council. Such report may recommend for or against such proposed change and may but need not include reasons for such decision. The commission may defer its report for not more than sixty (60) days until it has had opportunity to consider other proposed changes that may have a direct bearing thereon. If the commission fails to finally report after sixty (60) days, it would be deemed to have recommended negatively to the proposal.
(f) 
Forwarding final report.
Every proposal, receiving a final report by the commission, shall be forwarded to the council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.
(g) 
Withdrawal.
Any proposal or application may be withdrawn by the proponent after the commission makes its final report, and such proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the council will not consider it. Any proposal or application withdrawn may be resubmitted and shall be subject to all fees and notice requirements as an original application.
(h) 
Council hearing and notice.
The city may, from time to time, amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. A public hearing on such amendment, supplement, or change shall be held by the council. Notice of council hearing shall be given by publication one (1) time in the official newspaper of the city, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. No such amendment, supplement, or change shall be considered unless and until the commission makes its final report thereon. Publication of such change shall be accomplished by publishing the descriptive caption and penalty clause of the ordinance amending the comprehensive plan to incorporate the change.
(i) 
Application is not to be considered for another six months after denial of request for rezoning.
No application for rezoning shall be considered within six (6) months of denial of a request by the city council for the same classification on the same property.
(j) 
Protest against change.
In case of a protest against such change, signed by the owners of twenty (20) percent or more either of the land included in such proposed change, or of the land within two hundred (200) feet thereof, including any intervening public street, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the city council.
(k) 
Council action on application.
The proponent of any zone change shall satisfy the city council that either the general welfare of the city affected by the area to be changed will be enhanced, or that the property is unusable for the purposes allowed under existing zoning. If such is proved to the council’s satisfaction, it may grant the requested zone change; or it may change the zone’s designation of a portion of such property; or it may initiate a request to consider changing all or a portion of such property to a district other than that requested and of a different character.
(l) 
Site plan and supporting documents required, petition for zoning district change or conditional use.
When in the opinion of the planning and zoning commission, city council, or zoning board of adjustment that greater information is required from the petitioner concerning the nature, extent, and impact of his request than supplied with his application for a change in zoning or conditional use permit, in order for such commission, council, or board to properly review and evaluate all relevant factors thereof, said commission, council, or board may require the applicant to submit a site plan and supporting documents conforming with all or a portion of the requirements set forth in this subsection, prior to rendering a decision thereon. The petitioner is encouraged to meet with the appropriate commission, council, or board in an informal work session to ascertain the exact extent of plans and documents required, if any, prior to the city initiating the advertisement for public hearing on the petition. The general type and extent of plans and supporting documents that may be required of the petitioner include, but are not necessarily limited to:
(1) 
Site plan.
Meeting all of the requirements of a “preliminary plat,” as described in the city’s subdivision regulations, except that topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project’s petition. Additional site plan drawing information which the reviewing body may require include:
(A) 
Existing and proposed zoning district.
(B) 
General outline of extensive tree cover areas.
(C) 
Drainageways and 100-year floodplain limits.
(D) 
Proposed treatment for screening the perimeter of the land embraced by the petition, including screening of internal separations of land use where required.
(E) 
A tabular summary schedule indicating:
(i) 
The gross acreage and percent of each type of zoning category proposed.
(ii) 
The gross acreage and percent of each type of land use proposed, with streets and open space categories listed separately, and residential uses further stratified as to type, i.e., single-family, two-family, multifamily townhouse, etc., including the total gross project acreage.
(iii) 
The quantitative number of dwelling units proposed for each residential dwelling type (i.e., single-family, two-family, etc.).
(iv) 
Proposed maximum lot coverage by building types (i.e., 1/F, 2/F, M/F, commercial, office, industrial, etc.) expressed in terms of percent or floor area ratio of the lot or site.
(F) 
Written documents.
In narrative form on eight and one-half (8-1/2) inch by eleven (11) inch sheets, including:
(i) 
Legal description of the total site area proposed for rezoning, development, or conditional use permit.
(ii) 
A development schedule outlining when construction of the proposed development or subsequent stages or phases thereof shall be completed
(iii) 
A statement as to the present and proposed ownership of the site or parcels thereof embraced by the application.
(iv) 
Statement(s) as to how and when the applicant proposes to provide water and sewer to the development; and
(v) 
Signature, title, and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans and supporting documents reflecting a reasonably accurate portrayal of the general nature and character of the proposals.
(m) 
A fee in the amount established by city council shall accompany all requests for amendments to the zoning ordinance except requests initiated by the city council or the planning and zoning commission.
(Ordinance adopted 10/13/21)