Gonzales City Zoning Code
ARTICLE 14
100 AIRPORT ZONING REGULATIONS
§ 14.101 Title.
This ordinance and subsequent regulations of the City of Gonzales, Texas shall be known as, and may be cited and referred to as, the “zoning ordinance.”
(Ordinance 2021-08 adopted 2/11/21)
§ 14.102 Authority.
This zoning ordinance is adopted pursuant to the authority granted by the U.S. Constitution, the Texas Constitution, and the laws of the State of Texas, specifically including chapters 211 (Municipal Zoning Authority) and 241 (Municipal and County Zoning Authority Around Airports) of the Texas Local Government Code.
(Ordinance 2021-08 adopted 2/11/21)
§ 14.103 Purpose.
(a)
Implementation of the Comprehensive Plan.
The zoning regulations and districts herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, and general welfare of the city. The zoning regulations and districts have been designed to achieve the following purposes:
(1)
Promote health and the general welfare;
(2)
Secure safety from fire, panic and other dangers;
(3)
Facilitate the adequate provision of transportation, water, wastewater, schools, parks, and other public requirements;
(4)
Provide adequate light and air;
(5)
Prevent the overcrowding of land;
(6)
Avoid undue concentration of population; and
(7)
Lessen congestion in the streets.
(b)
Zoning Ordinance Considerations.
The zoning regulations and districts have been 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 to conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with the comprehensive plan. The comprehensive plan has been used as a guide to develop the regulations within this zoning ordinance.
(Ordinance 2021-08 adopted 2/11/21)
§ 14.104 Official Zoning District Map.
(a)
Official Zoning District Map.
(1)
The official zoning district map shall be labeled the “Official Zoning District Map of the City of Gonzales, Texas” and shall be maintained as an electronic file and hard-copy file in the office of the city manager.
(2)
The “Official Adoption Date” and the “Last Amended Date” shall be shown on the official zoning district map.
(3)
In case of any question, the above-mentioned electronic file shall be controlling.
(b)
Maintenance of the Official Zoning District Map.
(1)
The city manager shall be responsible for the care and maintenance of the official zoning district map.
(2)
The official zoning district map shall be used for reference and shall be maintained up-to-date by incorporating all subsequent amendments enacted by official action of the city council.
(3)
The city manager will use all reasonable means to protect the official zoning district map from damage, and to ensure the accurate restoration of the map file if damage or destruction of the original file occurs.
(c)
Changes or Amendments Reflected on the Map.
(1)
Any changes or amendments made to the zoning district boundaries shall be incorporated into the zoning district map file promptly after the amendment has been approved by the city council.
(2)
The city manager shall maintain a descriptive log of amendments to the map.
(3)
The city manager will use all reasonable means to ensure that no changes are made to the official zoning district map without authorization by official action of the city council.
(d)
Replacement of a Damaged, Destroyed, or Lost Official Zoning District Map.
(1)
In the event that the official zoning district map file becomes damaged, destroyed, lost or difficult to interpret for any reason, the city council may adopt a new official zoning district map by ordinance following a public hearing.
(2)
The new official zoning district map shall replace and supersede any prior official zoning district map.
(3)
As a true replacement map, the new official zoning district map shall not amend or otherwise change district boundaries or classifications from the prior official zoning district map.
(Ordinance 2021-08 adopted 2/11/21)
§ 14.105 Compliance Required/Interpretation/Rules of Construction.
(a)
Compliance Required.
(2)
Compliance with Zoning Districts.
The land, buildings, structures or appurtenances described in the preceding subsection shall be in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided or subject to penalties as per section 14.106, Zoning Violations, of this ordinance.
(b)
Interpretation.
(1)
Restrictiveness.
Where the regulations imposed herein are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations that are more restrictive and impose higher standards are the requirements that shall govern.
(2)
Abrogation.
The provisions of these regulations are not intended to abrogate any easement, covenant or other private agreement, provided that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement, the requirements of these regulations shall govern.
(3)
Cumulative Effect.
The provisions of these regulations are cumulative and additional limitations upon all other laws and ordinances previously passed or that may be passed hereafter governing any subject matter set forth in the provisions of these regulations.
(4)
Error Correction.
In the event that any property or zoning district set forth on the zoning district map as provided in section 14.104, Official Zoning District Map, of this ordinance is misnamed, designated incorrectly, the boundaries are incorrect or the property is omitted, in part or in whole, the zoning district map may be amended and/or supplemented according to the following.
(A)
Applicants.
The property owner of said tract, the city council, or the planning and zoning commission may submit an application to the city manager to initiate the error correction process.
(c)
Rules of Construction.
The language set forth in these regulations shall be interpreted in accordance with the following rules of construction.
(1)
Number.
The singular number includes the plural and the plural the singular.
(2)
Tense.
The present tense includes the past and future tenses and the future the present.
(3)
Mandatory and Permissive Language.
The word “shall” and “must” are mandatory while the word “may” is permissive.
(4)
Gender Terms.
The masculine gender includes the feminine and neuter.
(5)
Parentheses.
Any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word.
(Ordinance 2021-08 adopted 2/11/21)
§ 14.106 Zoning Violations.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of the zoning ordinance shall be fined not more than two thousand dollars ($2,000.00) for each violation. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 2021-08 adopted 2/11/21)