(a)

Title. This ordinance shall be formally known as the "City of Henderson zoning ordinance," and may be cited and referred to as the "zoning ordinance."

(b)

Defined words. Words used in a special sense in the zoning ordinance are defined in sections 153-280 and 153-281.

(c)

Authority. The zoning ordinance is adopted by the City of Henderson pursuant to its authority under the laws of the State of Texas.

(d)

Purpose. The zoning ordinance is intended to guide the growth and development of the city and for the following purposes:

(1)

Basic rights. To secure adequate light, air, convenience of access, and safety from fire, flood, and other dangers which may include providing adequate open spaces for light, air, and outdoor uses.

(2)

General welfare. To promote the public health, safety, morals, comfort, convenience, and general welfare.

(3)

Development and growth. To promote the orderly, responsible and beneficial development and growth of the areas within the zoning jurisdiction.

(4)

Character. To protect the character and stability of agricultural, residential, institutional, commercial, industrial, and natural areas.

(5)

Circulation. To minimize or avoid congestion on public streets and to ensure safe, convenient, and efficient traffic circulation.

(6)

Environmental integrity. To preserve and enhance the scenic beauty, natural aesthetics, and environmental integrity of the zoning jurisdiction.

(7)

Compatibility. To assure compatibility between differing land uses and to protect the scale and character of existing development from the encroachment of incompatible uses.

(8)

Intensity. To regulate and restrict the intensity use of structures and land for business, industry, residence, and other uses as to not depreciate neighboring area's property values or reduce quality of life of nearby areas.

(9)

Public service. To define the powers and duties of administrative officers and bodies, and to establish procedures for the implementation and enforcement of the zoning ordinance.

(10)

Compliance. To require ongoing compliance with the regulations and punitive recourse for noncompliance regarding the provisions of the zoning ordinance.

(11)

Light pollution. To limit the amount of glare and light trespass caused by light fixtures.

(12)

Landscaping. To require the minimal amount of plant materials necessary to enhance the visual quality of developments, maintain community character, define the edges of streets for vehicular and pedestrian safety and flow, minimize stormwater runoff, improve quality of water runoff, and improve air quality.

(13)

Minimum buildable lot. To require a reasonable amount of land for each buildable lot.

(e)

Compliance.

(1)

Structure. No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, enlarged or used, except when in full compliance with all provisions of the zoning ordinance and when the permits and certificates required by the zoning ordinance have lawfully been issued.

(2)

Land. No piece of land (e.g., lot) shall be used except when in full compliance with all provisions of the zoning ordinance and when the permits and certificates required by the zoning ordinance have lawfully been issued.

(3)

Existing use. No existing use may be expanded except when in full compliance with all provisions of the zoning ordinance and when the permits and certificates required by the zoning ordinance have lawfully been issued.

(f)

Severability. If any provision or the application of any provision of the zoning ordinance is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of the zoning ordinance or the application of such provision to other circumstances shall not be affected.

(g)

Interpretation.

(1)

Minimum requirements. The provisions of the zoning ordinance are the minimum requirements necessary to achieve this ordinance's purpose.

(2)

Conflict or inconsistency.

a.

Internal. Unless otherwise specifically stated within the zoning ordinance, if two or more provisions of the zoning ordinance are in conflict or are inconsistent with one another, then the most restrictive provision shall apply.

b.

Federal, state, and local.

1.

Whenever a provision of the zoning ordinance imposes a greater restriction or a higher standard than is required by any state or federal code or regulation, or other city ordinance or regulation, the provision of the zoning ordinance shall apply, unless clearly and legally required otherwise.

2.

Whenever a provision of any state or federal code or regulation, or other city ordinance or regulation imposes a greater restriction or a higher standard than is required by the zoning ordinance, the provision of the state or federal code or regulation, or other city ordinance or regulation shall apply.

c.

Other. Whenever a private covenant, contract, commitment, agreement, or other similar private land use regulation imposes a greater restriction or a higher standard than is required by a provision of the zoning ordinance, the stricter standard would apply, albeit by a non-governmental regulation. However, if a project complies with the zoning ordinance, the city is still obligated to issue the permit or otherwise approve the project.

(3)

Illustrations. If differences are found between the meaning or implication of any illustration or drawing, the regulating text of the zoning ordinance shall apply.

(4)

Tables. If differences are found between the meaning or implication of the document text and a table's text, the stricter of the provisions shall apply.

(5)

Time frames. Unless specifically noted otherwise, time frames stated within the zoning ordinance shall be calculated to include weekdays, weekends, and holidays. If a time frame ends on a Saturday, Sunday, or holiday that the City of Henderson offices are closed, the time frame will be extended to the end of the next business day.

(6)

Delegation of authority. If a provision in the zoning ordinance requires the zoning administrator or other city officer to perform an act or duty, that provision shall also include any person working under the authority and supervision of the zoning administrator unless specified otherwise.

(7)

Mandatory and permissive terms. The words "shall" or "must" are always mandatory. The words "may" or "should" are always permissive.

(8)

Words used. If words used in the zoning ordinance are not defined in sections 153-280 and 153-281, they shall be construed to be the common usage of the language. Any legal or technical words not defined in the zoning ordinance shall be construed to be as defined by an appropriate lexicon or current and common dictionary.

(9)

Tense. If words are used in a specific tense (i.e., past, future or present) it shall be construed to include all tenses, unless the context clearly indicates a specific tense.

(10)

Singular/plural form. If words are used in singular form, the plural form shall apply and vice versa, unless the context clearly indicates the contrary.

(11)

Gender. If a feminine term is used, the masculine shall also apply and vice versa.

(12)

Conjunctions. The word "and" shall be construed to include all connected items, conditions, and provisions in a series, unless the context clearly suggests the contrary. The word "or" shall be construed to include one or more of the items, conditions, and provisions in a series, unless the context clearly suggests the contrary.

(13)

Rounding. If a regulatory formula is used within the zoning ordinance and results in a non-whole number of an indivisible object or feature (i.e., a tree), the non-whole number shall be up rounded to the next highest whole number.

(h)

Ordinance jurisdictional area. The zoning ordinance applies to all land within the city's zoning jurisdiction.

(i)

Repealer. The following city ordinances are hereby repealed and are replaced by this city zoning ordinance and official zoning map:

(1)

Zoning ordinance. City of Henderson zoning ordinance, Ord. No. 84-8-8 as amended, and its associated zoning map.

(j)

Transition rules.

(1)

Planning and zoning commission. Any application filed with the planning and zoning commission that is full and complete prior to the effective date of the zoning ordinance shall be regulated by the terms and conditions of the city zoning ordinance that was in place at the time of filing.

(2)

Rezone. Any application for a zone map amendment (i.e., rezone) filed with the planning and zoning commission that is full and complete prior to the effective date of the city zoning ordinance shall continue through the process to completion pursuant to the terms and conditions of the city zoning ordinance that was in place at the time of filing.

(3)

Board of adjustments. Any appeal (e.g., development standards variance, administrative appeal, and special exception use) filed with the board of adjustments that is full and complete prior to the effective date of the zoning ordinance shall continue through the process to completion pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing, provided that the appeal is still required by the terms of the zoning ordinance.

(4)

Planned unit development. An application for a planned unit development district filed with the planning and zoning commission that is full and complete prior to the adoption of an amendment to the planned development district ordinance and/or concept plan shall continue the process pursuant to the terms and conditions of the planned development district ordinance and/or concept plan in place prior to the amendment.

(5)

Building sites. All new building sites shall meet the requirements of the zoning ordinance unless:

a.

Improvement location permit. A complete improvement location permit application was filed prior to the effective date of the zoning ordinance and is still valid; or

b.

Buildable lot. A parcel was approved as a buildable lot by the planning and zoning commission (valid primary or secondary plat) or the board of adjustments (valid development standards variance) prior to the effective date of the zoning ordinance; or

c.

Primary plat. A complete and valid primary plat application has been filed with the zoning administrator prior to the effective date of the zoning ordinance.

(k)

Administrative officer. The zoning administrator shall have the primary responsibility for administration and enforcement (or coordination of enforcement) of the zoning ordinance within the city's zoning jurisdiction.

(l)

Saving provision. The zoning ordinance shall not be construed as eliminating or reducing any action now pending under, or by virtue of, an existing law, previous zoning ordinance, or related ordinance. The zoning ordinance shall not be construed as discontinuing, reducing, modifying, or altering any penalty accruing or about to accrue.

(m)

Effect of annexation or vacation on zoning. The planning and zoning commission shall be guided by the city zoning ordinance in making recommendations to the city council regarding the zoning district classifications for newly annexed areas.

(n)

Statutory changes. Whenever the Texas Code cited in the zoning ordinance has been amended or superseded, the zoning ordinance shall be deemed amended in reference to the new or revised code.

(o)

References. Whenever any agency, department, position, document, map, or publication referenced in the zoning ordinance changes, the new or substitute agency, department, position, document, map, or publication shall be deemed incorporated into the zoning ordinance.

(Ord. passed 5-18-2017)

(a)

Establishment of standard zoning districts. Each of the standard zoning districts in the zoning ordinance stand alone and is not a part of a hierarchy or pyramidal system of zoning. For example, what is permitted in one zoning district is not related to what is permitted in another zoning district. Only those uses and development standards which are expressly permitted in the list for each zoning district apply to that zoning district. For the purpose of this zoning ordinance, the City of Henderson has established the following standard zoning districts:

(b)

Establishment of overlay district. The overlay districts as noted below have been established to modify the applicability of development standards and land uses which will help the City of Henderson accomplish its goals. For the purpose of the zoning ordinance, the following overlay district has been established for the purpose as stated:

See sections 153-70 through 153-87 for regulations applicable to overlay districts.

(c)

Establishment of planned development district. A planned development district (i.e., planned unit development) is hereby established. However, only the following standard zoning districts may be rezoned to a planned development district:

See sections 153-100 through 153-105 for regulations applicable to planned development districts.

(d)

Zoning district land uses. The two page layout for each standard zoning district in sections 153-20 through 153-56 identifies land uses allowed in each respective district. Such land uses are of two kinds: permitted uses and special exception uses. The city's permitted and special exception uses for each district shall be as noted in the "permitted use" and "special exception use" columns on each two-page layout for each particular standard zoning district.

(e)

Unlisted land uses. Any land use not listed in either the permitted use or special exception use column of a particular standard zoning district shall be prohibited in that particular standard zoning district.

(f)

Administrative interpretation. Any land use not listed in either the permitted use or special exception use column of a particular standard zoning district, but that is significantly similar or related to a use that is a permitted use or a special exception use in that particular standard zoning district may be deemed permitted through an administrative interpretation process as described in sections 153-225 through 153-237.

(Ord. passed 5-18-2017)

(a)

Description. The map labeled "official zoning map" maintained by the planning and zoning commission is hereby included as part of the zoning ordinance and is to function as the means to apply a zoning district to each parcel within the city's zoning jurisdiction. The zoning map shall be formally known as the "official zoning map," and it may be cited and referred to as the "City of Henderson Zoning Map" or the "zoning map."

(b)

Location. The official zoning map as approved by the planning and zoning commission will be located in the city manager's Office and maintained by the planning and zoning commission.

(c)

Zoning district boundaries.

(1)

Standard zoning districts. The standard zoning district boundaries shall be shown on the official zoning map. The two-digit abbreviations for the standard zoning districts appearing in the zoning ordinance or a specific color noted on the map legend shall be used to identify the standard zoning districts on the map.

(2)

Overlay districts. The overlay district boundaries shown on the official zoning map shall be interpreted as follows:

a.

Labeling. An overlay district shall be noted on the official zoning map with a hatch or textured pattern and be noted as such on the map legend.

b.

Fully covered. A lot that is fully covered (bounded) by an overlay district shall be interpreted to be subject to the overlay district standards found in sections 153-70 through 153-87.

c.

Partially covered. A lot that is partially covered (i.e., transected) by an overlay district boundary shall be interpreted to be subject to the overlay district standards where the lot area is covered by the overlay district.

(3)

Additional standards. Zoning district boundaries on the official zoning map shall be interpreted as follows:

a.

Streets. Zoning district boundaries shown within or parallel to the lines of streets, easements, and transportation rights-of-way shall be deemed to follow the centerline of the affected street, easement, or right-of-way.

b.

Section lines. Zoning district boundaries indicated as following or being parallel to section lines, fractional sectional lines, or platted lot lines shall be construed as following or paralleling such lines.

c.

Water. Zoning district boundaries indicated as approximately following the centerline of streams, rivers or other moving bodies of water shall be construed to follow such centerlines.

d.

Vacated. Whenever any street, alley, public way, railroad right-of-way, waterway, or other similar area is vacated by proper authority, the zoning districts adjoining each side of vacated areas shall be extended automatically to the center of the vacated area. All areas included in the vacation shall thereafter be subject to all regulations of the extended zoning districts. In the event of a partial vacation, the adjoining zoning district, or zoning district nearest the portion vacated, shall be extended automatically to include all of the vacated area.

(4)

Disputes. Any dispute about an exact zoning district boundary shall be determined by the zoning administrator. The zoning administrator may refuse to make a determination when he/she cannot definitely determine the location of a zoning district boundary. The planning and zoning commission may then interpret the location of the zoning district boundary with reference to the scale of the official zoning map and the purposes set forth in all relevant provisions of the zoning ordinance.

(d)

Regular revisions. The official zoning map shall be formally revised by the zoning administrator as time permits. During the time it takes for each revision to be made electronically, hand drawn lines and text on a printout of the previous official zoning map will be appropriate to note official changes. Revisions may be made at any time to correct drafting errors, clerical errors or omissions in the official zoning map.

(e)

Copies. Print copies of the official zoning map may be distributed. Each copy of the official zoning map shall be accurate only to the date on which it was last updated. The date of the latest revision shall be printed on copies of the official zoning map.

(f)

Damage, destruction, or loss. In the event the official zoning map becomes damaged, destroyed, lost, or difficult to interpret, the planning and zoning commission may prepare a new map which shall depict the official zoning map as best as possible, and shall thereafter supersede the damaged, destroyed, lost, or difficult to interpret map. The new map shall be adopted by resolution of the planning and zoning commission and shall thereafter be the official zoning map.

(Ord. passed 5-18-2017)

(a)

The zoning ordinance was certified with a favorable recommendation for adoption on the , by the City of Henderson planning and zoning commission after holding a legally announced public hearing. The records that monumented the planning and zoning commission's public hearing and certification of the Henderson zoning ordinance, with signatures, can be found on file in planning and zoning commission's minutes and records located in the city offices.

(b)

Since its adoption, the Henderson zoning ordinance may be updated from time to time to adjust to new trends, calibrate regulations to current or future needs, close loopholes, or to comply with evolving case law or state statutes. Each time amendments are adopted, the planning and zoning commission first held a legally advertised public hearing and certified the amendments for adoption to the city council. Those public hearings and certifications can be found on record in the city offices. Details about each successful amendment can be found in the planning and zoning commission's corresponding meeting minutes.

(Ord. passed 5-18-2017)

(a)

The city zoning ordinance was adopted by the city council by ordinance on May 18, 2017 by unanimous vote. The city zoning ordinance became effective on . The ordinance instrument that adopted the Henderson zoning ordinance, with signatures, can be found on file in the city's office.

(b)

Since its adoption, the city zoning ordinance has been updated from time to time to adjust to new trends, calibrate regulations to current or future needs, close loopholes, or to comply with evolving case law or state law. The city council considered each amendment once the planning and zoning commission held a legally advertised public hearing and gave favorable recommendation to adopt the amendment. The ordinances that adopted each amendment to the Henderson zoning ordinance can be found, with signatures, in the city's offices.

(Ord. passed 5-18-2017)