Hondo City Zoning Code
CHAPTER 1
GENERAL PROVISIONS
§ 1.1 Short Title.
1.1.1
This document may be referred to herein as the “UDC” or “this Code”.
(Ordinance 1148-01-18 adopted 1/8/18)
§ 1.2 Scope and Purpose.
1.2.1
The provisions of this UDC are enacted to protect the public health, safety, and general welfare in accordance with the goals of the Comprehensive Master Plan. The provisions of this UDC are specifically intended to:
a.
Encourage economic opportunities, particularly those that have meaningful multiplier effects in the local economy, by promoting the vitality and development of commercial and industrial districts.
b.
Protect public health and safety and environmental quality by:
i.
Ensuring greater public safety, convenience, and accessibility through the physical design and location of land uses and activities;
ii.
Facilitating the adequate and safe provision of transportation, water, sewage, drainage, parks, and other public facilities; and
iii.
Preserving and protecting existing trees and vegetation, woodlands, floodplains, stream and riparian corridors, scenic views, and other areas of scenic and environmental significance from adverse impacts of land development.
iv.
Minimizing losses due to destruction by nature or acts of God.
d.
Enhancing the visual character of the City through the regulation of design, where such regulations are appropriate;
i.
Ensuring that the appearance, visual scale, and orientation of developments are compatible with that envisioned the Comprehensive Master Plan and other plans and the goals and objectives established by the Hondo City Council; and
ii.
Creating a sense of place for each development by requiring architectural designs and features that promote character, dignity, visual interest, utility, and strengthens the quality of life and economic welfare of the City to enhance its ability to compete for business and industry.
e.
Protect the fiscal and functional health of the City by:
i.
Fostering convenient, compatible, and efficient relationships among and between land uses;
ii.
Ensuring that facility and service demands of new development will not exceed the capabilities of existing streets, utilities, or other public facilities and services; and
iii.
Promoting a balanced supply of residential, commercial, and industrial land uses that are compatible with adjacent land uses and have good transportation access.
(Ordinance 1148-01-18 adopted 1/8/18)
§ 1.3 Jurisdiction.
1.3.1
Generally.
All provisions of this UDC apply within the corporate limits of the City of Hondo, Texas. The provisions of this UDC apply to all land, development, and the use of all land, buildings, and structures, unless specifically exempted herein or preempted by state or federal law.
1.3.2
Extraterritorial Jurisdiction (ETJ).
In order to ensure orderly, fiscally, and environmentally responsible growth of the City, it is the intent of this UDC to fully enforce the following chapters of this Code in the ETJ:
a.
Regulations of signs, including installation, amortization, and removal, pursuant to Chapter 8: Signage [sic];
b.
Plat approvals, pursuant to Section 8.4 of UDC and Sections 212.002, 212.008, and 242.001, Texas Local Government Code;
c.
The City does not regulate use or density within the ETJ. However, it does apply other provisions of this UDC based on the use of property in the ETJ, generally through Chapter 8: Subdivision Design and Improvements; and,
d.
To promote the health, safety, morals, and general welfare of the City and the safe, orderly, and healthful development of the City and its ETJ, it is the intent of the City Council to fully exercise the authority granted to home rule municipalities by Texas Statutes, City’s Code of Ordinances and any other applicable provisions identified in the UDC.
(Ordinance 1148-01-18 adopted 1/8/18)
§ 1.4 Relationship to the Comprehensive Master Plan.
1.4.1
The UDC should serve as an implementation tool for the City-Wide Development strategies identified in the City of Hondo Comprehensive Master Plan, adopted January 2017.
(Ordinance 1148-01-18 adopted 1/8/18)
§ 1.5 Effective Date.
1.5.1
The effective date of this Code shall be January 8, 2018.
(Ordinance 1148-01-18 adopted 1/8/18)
§ 1.6 Annual Review.
1.6.1
The UDC should be reviewed annually and upon recommendation of the Planning and Zoning Commission to the City Council, be amended accordingly.
(Ordinance 1148-01-18 adopted 1/8/18)
§ 1.7 Severability.
1.7.1
It is hereby declared to be the intention of the City Council of the City of Hondo that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional, illegal, or invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or 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 or invalid phrase, clause, sentence, paragraph, or section. If any application of this UDC to a particular use, building, structure, land, subdivision, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other use, building, structure, land, subdivision, or water not specifically included in said judgment.
(Ordinance 1148-01-18 adopted 1/8/18)
§ 1.8 Transitional Provisions.
1.8.1
Generally.
It is the intent of the City Council to respect the property rights of existing or pending development approvals and development as set out in this Section.
1.8.2
Effect on Existing Ordinances.
The City’s existing ordinances, unless expressly repealed or amended by this UDC, or by some other City Council action, will remain in effect; provided, however, that where this UDC is more restrictive or where it includes additional provisions (including those that are inconsistent or in conflict with existing ordinances) then the City will enforce this UDC.
1.8.4
Effect on Development Approvals or Agreements that Predate the Effective Date.
a.
It is the intent of the City Council to respect existing development approvals or agreements. Development that is approved or for which there is an executed agreement may be carried out within the scope of that development approval or agreement, including applicable standards in effect at the time of the approval or agreement, provided that the approval or agreement is valid and has not lapsed, as set out in this UDC, or other applicable provisions of this UDC, or in the agreement itself.
b.
Development approvals that are valid on the effective date of this UDC, are valid for the duration specified in or at the time [of] approval. If no duration was in effect at the time of approval, the respective approval shall expire in accordance with this UDC, or other applicable provisions of this UDC, or as specified in the agreement itself.
c.
This Section shall not be interpreted to confer rights upon an applicant that are not set out within the scope of a development approval or agreement.
(Ordinance 1148-01-18 adopted 1/8/18)
§ 1.9 Conflicting Provisions.
1.9.1
Generally.
In the event that the provisions of this UDC conflict with each other or with other City ordinances:
1.9.2
State and Federal Law.
No part of this UDC relieves any applicant from compliance with applicable provisions of state or federal law. If a use, building, structure, operational characteristic, construction technique, environmental impact, or other matter is prohibited by state or federal law, it is also prohibited in the City. Likewise, if a matter is regulated by state or federal law, then compliance with state or federal law does not relieve the applicant from compliance with this UDC, unless the application of this UDC is legally pre-empted.
(Ordinance 1148-01-18 adopted 1/8/18)