This code shall be known as the Planning and Zoning Code of the City of Hedwig Village.

This code is adopted pursuant to the Constitution of the State of Texas and provisions of V.T.C.A., Local Government Code chs. 211 and 212 and all other provisions of the laws of the State of Texas which are currently applicable or which may later be enacted or determined applicable.

It is the intent and is so provided that any statutes or other laws which may go into force and effect subsequent to the final adoption of this code providing greater rights to the city to enact zoning ordinances or laws shall be deemed to have been relied upon by the City of Hedwig Village in the adoption of this code, and all rights and privileges granted thereunder are incorporated in this code as if the same had been fully provided for verbatim herein.

This code is adopted for the purposes of promoting and protecting the health, safety, morals and general welfare of the residents, citizens and inhabitants of the City of Hedwig Village and for the protection and preservation of places of historical and cultural importance and significance and the general welfare of the community. The provisions of this code are the requirements necessary to accomplish these purposes.

This code is further adopted in order to regulate the use of land within the City of Hedwig Village so as to promote orderly and healthful development, good government, peace and order of the city and the trade and commerce thereof, as may be necessary or proper to carry into effect the powers vested in the City of Hedwig Village by the constitution and laws of the State of Texas.

State Law reference— Purpose of zoning powers, V.T.C.A., Local Government Code § 211.001.

A.

Purpose of comprehensive plan. This comprehensive plan is adopted as a present statement of policy by the City of Hedwig Village and as a guide for future land use, capital improvements and other programs within the city including cooperative efforts with other governmental agencies and the private sector.

This plan should be periodically reviewed by the zoning commission if, in the opinion of the zoning commission or the city council, a review is called for by changing conditions within the city or in surrounding areas. Upon such review, the zoning commission will submit a report to the city council together with recommended changes to the plan, if any.

B.

Comprehensive plan.

1.

General. The City of Hedwig Village is a residential community with a complementing business community. One of its most important attributes is its ability to protect the integrity of its residential neighborhoods through its zoning power.

Residential zoning is to be designed to maintain and improve the health, safety, morals and general welfare of the residents, citizens and inhabitants of the City of Hedwig Village by limiting population density, land use, lot size, height and setbacks of buildings and other improvements and by regulating swimming pools, parking, fences and the use of signs, and by enacting such other regulations as may be permitted by law.

Zoning in the business districts is to be designed to promote business activity while minimizing any adverse effects of commercial developments on the residents, citizens and inhabitants of the City of Hedwig Village, and providing a buffer zone between the business districts and the residential districts. Zoning in the City of Hedwig Village is also appropriate for limiting visual pollution, land use, lot size, height and setbacks of buildings and other improvements, including but not limited to regulating swimming pools, parking, site drainage, fences, the use of signs, and the accumulation of refuse in the business districts. In addition, such other regulations as may be permitted by law should be enacted.

2.

Residential. Existing residential neighborhoods and existing residences should be maintained, improved and protected through controls in the zoning and other ordinances on lot size, use of land and improvements, height and setbacks, swimming pools, parking, fences and the use of signs. These neighborhoods should be enhanced by public and private investments and improvements.

Development in the business districts along Interstate 10 should be designed and located so as to minimize any adverse effect on existing residential uses and to ensure that new development constitutes a benefit to the residential neighborhoods.

Ingress and egress to all development in the business districts should be designed so that traffic to and from the development which originates in or is destined to points outside the City of Hedwig Village will not pass through an existing residential neighborhood.

3.

Business.

a.

General provisions. The area along Interstate 10 is affected by noise, visual pollution, air pollution and traffic and is therefore an area distinct from residential areas. The City of Hedwig Village should enact such ordinances and promote development within existing business areas to mitigate the effect of these factors on residential areas. Development along Interstate 10 in the existing business districts should be governed by its proximity to homes and not cause traffic, water, sewer, flood, or other conditions adverse to the community.

Regulations should be tailored to encourage property owners to utilize their property to the maximum extent possible in order to produce adequate revenue to amortize the cost to the city of providing necessary services.

Because of varying proximities of residential neighborhoods, traffic flow problems and character of existing development within the business area along Interstate 10, and to maintain and improve the health, safety, morals and general welfare of the residents, citizens, and inhabitants of the City of Hedwig Village, it is advisable to establish and maintain different controls of land use and height and setbacks of improvements within separate areas in this business area.

b.

Business district B-3. This district shall include the area from the western city limits of the city to a line being the west line of a residual 12.055 acre target tract of land, described in a deed recorded in Volume 7422, Page 167, Real Property Records, Harris County, Texas. It has a minimal amount of retail sales activity and contains development which needs refurbishing. Use and height controls should be designed to encourage improvement. A planned development mechanism is appropriate for this area when the same can be designed to accomplish the objectives herein set out.

c.

Business district B-1. This district shall include the area between business district B-3 and Echo Lane. Zoning regulations should be tailored to result in a constant upgrading of all retail business in existence in this district to provide constantly improving urban shopping facilities for the residents of the City of Hedwig Village and to result in aesthetically pleasing areas which are economically sound and which produce sufficient sales volume to allow amortization of the cost of providing city services through continually increasing sales tax revenues.

d.

Business district B-2. This district shall include the area south of Gaylord and west of Brogden. Zoning regulations, including limitations on height, coverage and setbacks of improvements to create greater open spaces, should provide sufficient transitions between existing residential neighborhoods and office and mixed office and commercial uses. Sufficient transitions should at all times be provided, and office buildings and structures should not create adverse impacts upon residential neighborhoods.

e.

Business district B-4. This district shall include the area between Echo Lane and Voss and north of Gaylord, but not including business district B-2. This business area is uniquely situated in that it can be developed without direct relation to the residential neighborhoods since it does not abut or connect to any residential neighborhoods of the City of Hedwig Village. Thus, zoning regulations which recognize the geographic location of this district are appropriate. The purpose of zoning regulations in this district should be to allow maximum utilization of the commercial nature of the area. Regulations should be tailored to encourage property owners to the maximum extent possible to produce adequate revenue to amortize the cost to the city of providing necessary services.

4.

Public services. Existing public services in the City of Hedwig Village are deemed adequate for all residential properties in the city. Expansion and/or upgrading of existing facilities serving residential neighborhoods is not deemed necessary, except for the periodic replacement of such facilities as become aged or otherwise in need of replacement. Present facilities in the business districts are appropriate for maintenance of adequate service levels to business and commercial interests presently existing in the business districts. Any new development, renovation or replacement of present businesses should be accomplished only if there is appropriate and adequate assurance that the proposed new development will provide sufficient upgrading, renovation or addition of appropriate facilities necessary to serve such new development and otherwise not adversely impact present residential development or existing business development.

The development of open green space contributes to the health, safety and well-being of the residents of the City of Hedwig Village. Therefore, the city's existing parks should be maintained and improved. Landscaped green area in each private development throughout the city should be encouraged. Additional hike and bike trails should be built and existing trails maintained. To these ends citizen participation should be sought.

5.

Traffic. Existing traffic circulation systems in the City of Hedwig Village should be maintained and be upgraded as needed with adequate repairs provided in order to insure good and serviceable streets. Every effort should be made to preserve the integrity of the residential neighborhoods within the city. No zoning ordinance should be adopted which encourages arterial street circulation within the residential neighborhoods of the city.

New commercial and business developments should be permitted where provisions are made for improving and upgrading traffic circulation routes in the area immediately adjacent to such development. Any proposed development should be staged and fully integrated with necessary street improvements.

6.

Implementation. The city's land use regulations should provide for the rights and interests of neighboring landowners and the general public. These rights and interests should be protected by controlling development which could create or significantly increase glare, light, shade, traffic, noise, noxious fumes, trash accumulation, or rainwater runoff to other landowners.

Every effort should be made by the city to encourage active participation by all citizens, citizen groups, business owners and business organizations in the planning and development of the City of Hedwig Village.

State Law reference— Compliance with comprehensive plan, V.T.C.A., Local Government Code § 211.004.

A.

General application. This code shall apply to all structures and the uses of land within the corporate limits of the City of Hedwig Village, Texas. Existing structures and uses which are inconsistent with the provisions of this code shall be permitted only as provided for in section 810 of this code. All applications for development approval shall be required to meet the requirements of this code.

B.

General prohibition. It shall be unlawful for any person to carry out any development or to modify in any way any use or structure existing upon any land within the City of Hedwig Village which is inconsistent with the requirements of this code or other ordinances of the city.

C.

Building permits issued prior to enactment of this code. This code shall not affect lawfully issued building permits which have been finally issued prior to the effective date of this code, save and except those building permits so issued which shall have expired and lapsed, or have been revoked.

State Law reference— Zoning regulations generally, V.T.C.A., Local Government Code § 211.003.

All ordinances previously adopted by the City of Hedwig Village as zoning ordinances under the authority granted by law are hereby repealed and all other ordinances or parts thereof, whether deemed to be zoning ordinances or ordinances of general applicability in conflict herewith, are hereby repealed only to the extent that such ordinances or parts thereof are in conflict with this code. It is the intent of the City of Hedwig Village that the terms and provisions of this code shall be deemed prior and superior to any other ordinances that may be in conflict herewith including all other ordinances or provisions thereof that may be adopted subsequent to the final adoption of this code unless the same are direct amendments of the terms and provisions of this code and adopted under the formalities as provided for by law for the adoption of zoning ordinances or amendments to zoning ordinances.

The sections, paragraphs, sentences, clauses, and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared invalid, unenforceable, or unconstitutional by the valid formal judgment or decree of a court of competent jurisdiction, such invalidity, unenforceability, or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this code.

A.

Violation and penalties. Any person who shall violate any provision of this code or who fails to comply therewith or with any of the requirements thereof, including violations of conditions and safeguards established in connection with grants of variances or specific uses, or who erects or alters or causes the erection or alteration of any structure or who commences to erect or alter any structure in violation of any detailed statement or plan submitted or approved thereunder, shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and, upon conviction, fined not more than $2,000.00, and each day such violation continues shall constitute a separate offense. The owners of any building, structure, or premises, or part thereof, where anything in violation of this code be placed, displayed for sale or shall exist, and any architect, builder, contractor, agent, vehicle owner, or corporation employed in connection therewith or who may have assisted in or allowed the commission of any such violation, shall be guilty of a separate offense and, upon conviction, shall be subject to the penalties herein provided.

B.

Penalty not exclusive. The imposition of a penalty under the provisions of this code shall not prevent the revocation or suspension of any license or permit issued or granted under the provisions of this code. In the event any violation of this code is designated as a nuisance under the provisions of this code, such nuisance may be summarily abated by the city in addition to the imposition of the penalties provided by law.

C.

Other remedies. If a building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or if a building, other structure, or land is used in violation of any provision of this code, in addition to or in lieu of the penalties otherwise provided herein, the City of Hedwig Village may institute an action for injunctive relief or other appropriate legal action to:

(1)

Prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;

(2)

Restrain, correct, or abate the violation;

(3)

Prevent the occupancy of the building, structure, or land; or

(4)

Prevent any act, conduct, business, or use prohibited by the code.

Upon a finding by a court of competent jurisdiction of a violation of this code as a result of an action instituted by the City of Hedwig Village pursuant to this paragraph, the person or entity found in violation shall be subject to a civil penalty of an amount not to exceed $1,000.00 for each day such violation is found to exist.

(Ord. No. 308, § 1(108), 3-9-1989; Ord. No. 497, § 2, 8-3-2001)

State Law reference— Enforcement, penalty, remedies, V.T.C.A., Local Government Code § 211.012.

The provisions of this code shall become final, binding, and effective upon all property within the City of Hedwig Village as provided by an ordinance of enactment duly executed by the mayor and city secretary of the City of Hedwig Village establishing the necessity for the final adoption of this code and providing specific findings of fact and conclusions forming a legal basis for the final adoption of this code, the provisions of which shall form a part of this code.