Hubbard City Zoning Code
ARTICLE 3
DISTRICTS AND GENERAL PROVISIONS
§ 3-1 Districts Established.
3-1.01
Zoning districts as herein set forth are established. The City is hereby divided into five types of districts:
A.
"A" Agricultural District:
There exists in certain fringe areas of the City, land which is presently used for agricultural purposes and to which all urban services are not yet available. These lands should appropriately continue to be used for agricultural purposes until needed for urban purposes in conformity with the orderly growth of the City. The uses permitted in this district are intended to accommodate normal farming, ranching, and gardening activities. It is anticipated that lots in this district will be rezoned as they are developed.
B.
"R" Residential District:
The purpose of this district is to provide for residential areas and to protect and conserve them; permitting only such accessory and supporting uses as are compatible with the primary purpose of residential use.
C.
"C" Commercial District:
The purpose of this district is to provide suitable locations for a wide variety of retail uses and other similar commercial and service activities.
D.
"TC" Town Core District:
The purpose of this district is to preserve the historical downtown area, which acts as a community gathering area and features local businesses, a variety of living choices, and pedestrian-friendly, human-scale designs that can be accessed by car, bicycle and pedestrians.
E.
"I" Industrial District:
The purpose of this district is to provide suitable areas for industrial and commercial uses protected against intrusion of incompatible residential uses.
F.
"PD" Planned Development District:
A PD is intended to allow for more efficient use of space, the provision of high-quality recreation and gathering areas, and/or a combination of uses not enabled in any other single district. PD projects must demonstrate site design that does not conflict with the existing built and natural environments.
3-1.02
The boundaries of the-districts listed in 3-1.01 are shown on the Zoning District Map [maintained on file in the office of the city secretary]. The map and all markings, notations, references and other information shown on said map shall be and hereby made as much a part of this Ordinance as if said map and all notations, references and other information shown thereon were all fully set forth or described herein. The original drawing of this map, described herein and on file with the City Secretary.
(Ordinance 081115-02 adopted 8/11/15)
§ 3-2 General Provisions.
3-2.01
Except as herein provided, the use of premises and buildings, the lot area and height of buildings in the City shall be in accordance with the minimum standards hereinafter established. In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the protection of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this Ordinance to interfere with, abrogate or annul any easements, covenants or other agreements between parties, except that if this Ordinance imposes a greater restriction, this Ordinance shall control.
3-2.02
Yards or lot area required for one building or use cannot be used for another building or use; nor can the size of a lot be reduced below the requirements of this Ordinance.
(Ordinance 081115-02 adopted 8/11/15)
§ 3-3 Zoning Map Amendments.
3-3.01
Purpose.
For the purpose of establishing and maintaining sound, stable, and desirable development within the territorial limits of the City, the Official Zoning Map shall not be amended except to confirm or acknowledge changed or changing conditions in a particular area, or to extend the boundary of an existing zoning district.
3-3.03
Approval Process.
Review and Report by Planning and Zoning Commission.
A.
Review and Report by Planning Commission.
The Planning Commission shall:
1.
Publish and mail public notice in accordance with Texas Local Government Code Chapter 211 if the change request involves a zoning reclassification of a property. Notice describing all land subject to the proposed change(s) must be mailed at least 11 days before the public hearing date to all property owners within 200 feet of the affected property(ies), according to the city's most recent tax roll. A request to change a zoning classification uniformly or to make an administrative change to a zoning classification does not require mailed notices to property owners.
2.
The applicant shall have at least one (1) sign erected on the property for which zoning change consideration has been requested. The sign shall have a total area of at least four (4) square feet and shall be located adjacent to streets, if possible. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the City Council, or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of hearing and a telephone number for the City of Hubbard where dates of the public hearing may be obtained.
3.
Hold a public hearing on the zoning amendment request.
4.
Review the proposed amendment to the Official Zoning Map, subject to the criteria enumerated in subsection 3-3.04 below.
5.
Recommend approval, approval with modifications or conditions, or disapproval to the City Council.
6.
The function of the Planning Commission shall be advisory only.
7.
The City Council will serve as the Planning and Zoning Commission if a Commission is not appointed.
8.
Give a verbal report to the City Council on the date of the scheduled public hearing at City Council that includes the rationale for the recommendation, according to the criteria as enumerated in subsection 3-3.04 below.
9.
Any action or recommendation that would render a less restrictive change than was originally requested or that would increase the area to be rezoned originally described in the notice, would have to be re-advertised with new notices sent to property owners within 200 feet of the proposed change.
B.
City Council Action.
The City Council shall:
1.
In accordance with Texas Local Government Code Chapter 211, 16 days prior to the public hearing publish a newspaper notice and mail a notice of the proposed change to each property owner whose property is within 200 feet of the proposed change.
2.
Hold a public hearing and hear the Planning and Zoning Commission report before rendering a decision on an amendment to the Official Zoning Map. If the commission makes no report within thirty (30) days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change.
3.
At least thirty (30) days after the newspaper advertisement is published and notices are sent to property owner, City Council votes on the proposed change. A three-fourths favorable vote of all members is required to approve an amendment if the Planning and Zoning Commission has recommended that the City Council disapprove a potential zoning map amendment.
4.
Require a three-fourths favorable vote of all members to approve an amendment if, in accordance with Chapter 211.006 of the Texas Local Government Code, a written protest that meets the conditions below is presented to the City Secretary prior to the Public Hearing for the Map Amendment. The valid protest must be written and signed by the owners of at least twenty percent (20%) of either a) the area of the lots or land covered by the proposed change; or b) the area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred feet (200') from that area.
C.
Twenty Percent Rule.
If the Planning and Zoning Commission recommends against, or if a protest against such proposed amendment, supplement, change or modification shall be presented to the City Secretary, duly signed and acknowledged by the owners of twenty percent or more, either of the area of lots or land immediately adjoining the same and extending two hundred feet (200') therefrom, such amendment, supplement, change or modification shall not become effective except by the favorable vote of three-fourths of the members of the City Council.
3-3.04
Review Criteria.
In determining whether to approve, approve with modifications or conditions or disapprove amendments to the Official Zoning Map, the City Council shall consider and make findings on the following matters regarding the proposed amendment:
A.
Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood;
B.
Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment;
C.
Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment; and
D.
Availability of water and wastewater facilities suitable and adequate for the proposed use.
3-3.05
Limitation on Reapplication.
If an application for rezoning is disapproved by the City Council, another application for reclassification of the same property or any portion thereof to the same zoning district shall not be filed within a period of twelve (12) months from the date of final disapproval, unless upon initiation by the Planning Commission or City Council.
3-3.06
Replacement of Official Zoning Map.
In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions, the City Council shall, by ordinance, adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Secretary, and bearing the Seal of the City and date under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. _____ of the City of Hubbard, Texas."
(Ordinance 081115-02 adopted 8/11/15)