Granbury City Zoning Code
ARTICLE 1
General Provisions
§ 1.1 Purpose.
The zoning regulations and districts as herein established have been made in accordance with an adopted comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the City. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to insure adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district, and its peculiar 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.
(Ordinance 16-65 adopted 12/6/16)
§ 1.2 Zoning District Map.
The boundaries of zoning districts set out herein are delineated upon a zoning district map of the city, adopted as part of this ordinance as fully as if the same were set forth herein in detail.
1.2.A
Original Zoning District Map
One original of the Zoning District Map shall be filed in the office of the Director of Community Development. This copy shall be the official Zoning District Map and shall bear the signature of the Mayor and attestation of the City Secretary. This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.
1.2.B
Additional Copies
An additional copy of the original Zoning District Map shall be placed in the office of the Chief Building Official. The copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments and shall be identified as the official zoning map. Reproductions for informational purposes may be made of the official Zoning District Map.
(Ordinance 16-65 adopted 12/6/16)
§ 1.3 Zoning District Boundaries.
The district boundary lines shown on the Zoning District Map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
1.
Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerline.
2.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
3.
Boundaries indicated as approximately following city limits shall be construed as following city limits.
4.
Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.
5.
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerline of streams, lakes, or other bodies of water shall be construed to follow such centerline, and in the event of change in the centerline, shall be construed to move with such centerline.
7.
Whenever any street, alley, or other public way is vacated by official action of the City Council or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.
8.
The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.
9.
Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of Subsections 1 through 8, the property shall be considered as classified “IH”, Interim Holding District, in the same manner as provided for newly annexed territory and the issuance of a building permit and the determination of permanent zoning shall be in accordance with the provisions provided in Section 1.6, Zoning Upon Annexation for temporarily zoned areas.
(Ordinance 16-65 adopted 12/6/16)
§ 1.4 Compliance Required.
A.
Except as exempted under subsection B. below, all land, buildings, structures or appurtenances thereon located within the City of Granbury, Texas which are hereafter occupied, used, erected, altered, removed, placed, demolished, or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted 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 1.10, Penalties, of this ordinance.
B.
This section is applicable to the Granbury Regional Airport land area. Said airport is under the supervision of the city manager and their designee, responsible in the conduct of the affairs of said airport, including master planning, development, operation, management, maintenance, and security of the airport. The city manager and their designee shall have the power to approve alternatives or exemptions to the terms of this ordinance.
(Ordinance 16-65 adopted 12/6/16; Ordinance 22-20 adopted 5/3/2022)
§ 1.5 Zoning Upon Annexation.
All territory hereinafter annexed to the City of Granbury shall be classified as IH, Interim Holding District, until permanent zoning is established by the City Council of the City of Granbury. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure set forth in Section 2.3 of this Ordinance. In an Area Classified as “IH, Interim Holding District”, the following shall apply:
1.
No person shall erect, construct, proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the City of Granbury without first applying for and obtaining a Building Permit or Certificate of Occupancy from the Chief Building Official.
2.
No permit for the construction of a building or use of land shall be issued by the Chief Building Official other than a permit which will allow the construction of a building or use permitted in the IH, Interim Holding District, unless and until such territory has been classified in a zoning district other than the IH, Interim Holding District, by the City Council in the manner prescribed by law except as provided as follows.
a.
An application for a building permit for any proposed use other than those specified in paragraph 2 above must be made to the Chief Building Official of the City of Granbury within three (3) months after annexation and referred to the Planning and Zoning Commission for consideration and recommendation to the City Council. The applicant shall show that plans and other preparation for developing the property commenced prior to annexation by the City.
b.
The action and recommendation of each body concerning any such permit shall take into consideration the appropriate land use for the area.
c.
The City Council, after receiving and reviewing the recommendations of the Planning and Zoning Commission may, by majority vote, authorize the issuance of a Building Permit or Certificate of Occupancy or may disapprove the application pending permanent zoning.
(Ordinance 16-65 adopted 12/6/16)
§ 1.6 Platting Property Not Permanently Zoned.
The Planning and Zoning Commission of the City of Granbury shall not approve any record plat of any subdivision within the City Limits of the City of Granbury until the area covered by the proposed record plat shall have been permanently zoned by the City Council of the City of Granbury. A record plat may be approved on land with the IH, Interim Holding District designation if the proposed use of the property is determined to be the temporary use of the property.
1.
The Planning and Zoning Commission of the City of Granbury shall not approve any record plat or any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the City of Granbury is pending before the City Council unless and until such annexation shall have been approved by ordinance of City Council.
2.
Refer to the Subdivision Ordinance for platting requirements within the city limits and its extraterritorial jurisdiction.
(Ordinance 20-11 adopted 2/4/20)
§ 1.7 Creation of Building Site.
1.
No building hereafter erected, converted or structurally altered shall be used or occupied until a Certificate of Occupancy has been issued by the Chief Building Official which signifies compliance with the appropriate Zoning District.
2.
No building permit for any new building, expansion of any building or Certificate of Occupancy shall be issued for the proposed new construction or use until the entire lot or tract is fully contained within the appropriate zoning district boundary (except as provided for in Section 3.1 of the Zoning Ordinance contained herein for the continuation of a legal nonconforming use).
3.
No permit for the construction of a building or buildings upon any tract or plot shall be issued until the building site, building tract, or building lot complies with the adopted Subdivision Ordinance of the City of Granbury, as amended and all other applicable ordinances and regulations.
(Ordinance 16-65 adopted 12/6/16; Ordinance 24-05 adopted 2/6/2024)
§ 1.8 New & Unlisted Uses, Regulation Interpretation & Modification.
1.8.A
Classification of New & Unlisted Uses
It is recognized that new types of land use will develop and forms of land-use not presently anticipated may seek to locate in the City of Granbury. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
1.
The classification of new and unlisted uses and related standards may be interpreted by the Director of Community Development or his/her designee as those of a similar use.
a.
A person(s), City department, the Planning and Zoning Commission, or the City Council may initiate a request to the Director for a determination of the zoning classification of new and previously unlisted uses and applicable regulations. The City Manager shall authorize such work activity prior to the Director taking action on such request.
b.
In making the determination, the Director may require the request to include all information necessary for the classification of the use and the related regulations including but not limited to the following:
(1)
The zoning district or districts within which such use is most similar and should be permitted, by right or by Specific Use Permit;
(2)
The definitions in Article 12 and any relevant land use classification manuals;
(3)
Characteristics of the particular use in question;
(4)
Compatibility with the uses in the various districts;
(5)
The nature of the use and whether the use involves dwelling activity, sales, services, or processing;
(6)
The type of product sold or produced under the use;
(7)
Whether the use has enclosed or outside storage and the amount and nature of the storage;
(8)
Anticipated employment typically anticipated with the use;
(9)
Transportation requirements of the use;
(10)
The nature and time of occupancy and operation of the use;
(11)
The off-street parking and loading requirements;
(12)
The amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated;
(13)
The requirements for public utilities such as sanitary sewer and water and any special public services that may be required;
(14)
Impervious surface coverage; and
(15)
Any other functional, product, service, or physical facility, requirements in common with or similar to uses cited as examples of use classifications.
c.
The appeal of the Director's determination shall be to the City Manager or their designee. Appeals of the City Manager decision shall be through a public hearing, to the Planning and Zoning Commission and City Council.
2.
Standards for new and unlisted uses may be interpreted by the Director of Community Development or their designee as those of a similar use.
3.
When a determination of the appropriate zoning district cannot be readily ascertained, the Community Development Director or his/her designee shall refer the question concerning any new or unlisted use to the Planning and Zoning Commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.
4.
The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts, and after a public hearing, determine the zoning district or districts within which such use is most similar and should be permitted, by right or by Specific Use Permit.
5.
The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council shall follow the same procedures as a zoning amendment as outlined in Section 2.3, including public notice and hearing requirements, when considering any zoning classification for a new or unlisted use.
1.8.B
Interpretation of Text/Requirements
1.
In the event of any question as to the interpretation of the text and related requirements of these regulations, unless specified otherwise in this ordinance, the Community Development Director or their designee shall have the authority to make the final interpretation. Appeal of the Director's interpretation shall be to the City Manager or their designee. Appeals of the City Manager decision shall be to the Board pursuant to Article 2, Subsections 2.1.C and 2.1.H.
3.
Drawings are included in these regulations to be illustrative or as an example of a requirement or concept in the text. Unless specified otherwise, the text shall control any conflicts between text and graphic illustrations.
1.8.C
Administrative Modification of Regulations and Requirements
In order to streamline the development process, reduce inequities in the application of regulations and reduce hardships on individual properties, the Community Development Director is authorized to provide an "administrative modification" to regulations in this ordinance as specified.
1.
The Director is authorized to administratively modify a zoning regulation in this ordinance that specifies a minimum or maximum:
a.
width or size of a yard, court, or other open space,
b.
setback of buildings from adjacent property lines,
c.
building height or fewer number of stories for a building,
d.
percentage coverage of lot,
e.
number of off street parking or loading spaces,
f.
number of trees and/or square footage of landscaping, or
g.
that otherwise imposes higher standards than those required by another city ordinance or regulation.
2.
The Director is authorized to administratively modify or reduce the minimum or maximum requirement listed in 1.8.C.1 above by an amount up to 10% of the requirement subject to the following determinations and criteria:
a.
Other local regulations, including building codes, fire codes and other ordinances do not impose higher standards with that ordinance or regulation, thereby superseding the City regulation.
b.
Administratively modifying the regulation does not affect the land use, the zoning classification or the adjacent property owners or other factors requiring a Board of Adjustment process with notice to adjacent property owners.
c.
The administrative modification is unique to the property and meets the intent of the regulation or requirement, or
d.
The modification may be considered an "alternative method" that the zoning ordinance did not anticipate.
3.
A number of administrative modifications of the same regulation or standard is an indication that the Zoning Ordinance should be amended to allow all similarly zoned properties the ability to utilize the modification.
(Ordinance 16-65 adopted 12/6/16; Ordinance 23-50 adopted 8/1/2023)
§ 1.9 Penalties.
1.9.A
Pending Litigation and Violations
It is further the intent and declared purpose of this Ordinance that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the time the existing zoning ordinance was repealed and this Zoning Ordinance adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed.
1.9.B
Penalty for 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 this Ordinance shall be fined, upon conviction, not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
The City shall have and retain the right for injunctive relief against any person, firm or corporation who is in the process of or about to violate any section, paragraph or part of this Ordinance; such right for injunctive relief shall exist independent of the other penalty provision of this Ordinance and not in lieu thereof. The right for injunctive relief is essential to the City that it maintain an orderly and properly planned control over all land uses thus protecting the health, morals, safety and well-being of the citizens and halting any attempt on the part of any person, firm or corporation to inflict temporary or permanent injury on the general public by a failure to comply with the terms of this Ordinance.
1.9.C
Severable
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
1.9.D
Publication
The caption of this Ordinance shall be published in accordance with the City Charter of the City of Granbury, Texas and shall be effective immediately upon its passage and such publication.
(Ordinance 16-65 adopted 12/6/16)
§ 1.10 Certificates Of Occupancy & Compliance.
1.10.A
Certificate of Occupancy (C.O.)
A nonresidential use, or change of use of a nonresidential building or non-residential land shall not take place until a Certificate of Occupancy (C. O.) shall have been issued by the Chief Building Official. A fee shall be charged for a Certificate of Occupancy in accordance with the fee schedule adopted under the city’s Master Fee Schedule. Certificates of Occupancy shall be required for any of the following:
1.
Occupancy and use of a building hereafter erected or structurally altered;
2.
Change in use of an existing building to a use of a different classification;
3.
Change in the use of land to a use of a different classification;
4.
Change in occupancy within a building; or
5.
Intensification of a use within a building.
1.10.B
Procedure for New or Altered Buildings
Written application for a Certificate of Occupancy for a new nonresidential building or for an existing nonresidential building which is to be altered shall be made at the same time as the application for the Building Permit for such building. Said Certificate shall be issued after the Chief Building Official orders the building or structure inspected and finds no violations of the provisions of this ordinance or other regulations. Said Certificate shall be issued by the Chief Building Official or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Ordinance.
1.10.C
Procedure for Vacant Land or a Change in Building Use
Written application for a Certificate of Occupancy for the use of vacant land, a change in the use of land or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to said Chief Building Official or his agent. If the proposed use is a conforming use, as herein provided, written application shall be made to said Chief Building Official. If the proposed use is found to be in conformity with the provisions of this Ordinance, the Certificate of Occupancy shall be issued after the application for same has been made and all required inspections are completed and approved by the Chief Building Official.
1.10.D
Contents
Every Certificate of Occupancy shall contain the following:
1.
building permit number;
2.
the address of the building;
3.
the name and address of the owner;
4.
a description of that portion of the building for which the Certificate is issued;
5.
a statement that the described portion of the building has been inspected for compliance with the requirements of the Uniform Building Code, group and division of occupancy; and
6.
the name of the Chief Building Official.
1.10.E
Posting
The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Chief Building Official or his authorized agent.
1.10.F
Revocation
The Chief Building Official may, in writing, suspend or revoke a Certificate of Occupancy issued under the provisions of this ordinance whenever the Certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this ordinance or the most current adopted ordinances.
1.10.G
Additional Types of Certificate of Occupancies and Compliance.
1.
“Certificate of Occupancy - Temporary” - If the Chief Building Official or his agents find that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a temporary Certificate of Occupancy may be issued for a period not to exceed six (6) months, for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. Such temporary Certificate shall not be construed as in any way altering the respective rights, duties, or other obligations of the owners/tenants relating to the use or occupancy of the premises or any other provision of this Ordinance.
2.
"Certificate of Occupancy - Nonconforming"
- The owner or occupant of the nonconformity, after having registered the nonconformity with the Director of Community Development or their designee, in accordance with Subsection 3.1.1, Registration Of Nonconformity, and after the use, structure or area has been determined to be nonconforming, will be issued by the Chief Building Official a "Certificate of Occupancy - Nonconforming," which shall state specifically how the nonconformity was created, whether it was a use, use of a structure or a structure that became nonconforming and how it does not comply with the provisions of this Ordinance or other applicable ordinances.
3.
“Certificate of Occupancy - Re-Occupancy” - A change in party or parties occupying a building or a lease space, whereby a change of use or intensification of use is not occurring, and a Certificate of Occupancy is not required under Section 1.10.A. A re-occupancy of the land or building shall not take place until a ‘Certificate of Occupancy - Re-Occupancy’ has been issued by the Chief Building Official with the approval of the City Health Inspector and City Fire Inspector. A fee shall be charged for a Certificate of Occupancy - Re-Occupancy in accordance with the fee schedule adopted under the city’s Master Fee Schedule. Certificates of Occupancy - Re-Occupancy shall be required for any of the following:
a.
Change in tenant;
b.
Change in lessee/management;
c.
Change in business;
d.
Change in party or entity occupying a building or portion of a building;
e.
Change in interior building layout whereby plumbing, mechanical, electrical or food related apparatuses are modified or relocated.
The Building Official shall determine if a Certificate of Occupancy - Re-Occupancy is required based on the proposed change. If a change occurred to warrant a Certificate of Occupancy - Re-Occupancy, the existing Certificate of Occupancy shall be deemed revoked until such time as necessary improvements or inspections have been made and a Certificate of Occupancy - Re-Occupancy has been issued. |
1.10.H
Conflict with Other Laws, Ordinances
1.
A regulation or specification of this Zoning Ordinance shall control if more restrictive than those standards required by another city ordinance or regulation regarding requirements for:
2.
However, if the other local ordinance or regulation, including building codes, fire codes and other ordinances, imposes higher standards, that ordinance or regulation controls.
(Ordinance 16-65 adopted 12/6/16; Ordinance 20-53 adopted 10/6/20; Ordinance 23-50 adopted 8/1/2023)