Hutchins City Zoning Code
PART I
ENACTING PROVISIONS
§ 1 ENACTING CLAUSE.
THIS ORDINANCE IS HEREBY ADOPTED AS THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF HUTCHINS, TEXAS. THE PREVIOUS ZONING ORDINANCE OF THE CITY, ORDINANCE NO. 100 (CHAPTER 12 OF THE CODE OF ORDINANCES), ADOPTED ON THE 22ND DAY OF APRIL, 1965, TOGETHER WITH ALL AMENDMENTS THERETO, IS HEREBY AMENDED, REPEALED AND REPLACED IN ITS ENTIRETY BY THIS ORDINANCE TO READ AS FOLLOWS:
(Ordinance 782 adopted 2/16/04; Ordinance 2022-1142 adopted 3/21/22)
§ 2 TITLE AND PURPOSE.
This Ordinance shall be known and may be cited as the City of Hutchins “Comprehensive Zoning Ordinance” or “Zoning Ordinance”.
As authorized by Chapter 211 of the Texas Local Government Code, the zoning regulations and districts as herein established have been made in accordance with an adopted comprehensive plan for the purpose of promoting the public health, safety, morals and general welfare, and protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the City. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of land and thus avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of each zoning 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.
(Ordinance 782 adopted 2/16/04; Ordinance 2022-1142 adopted 3/21/22)
§ 3 ZONING DISTRICT MAP.
The City is hereby divided into zones, or districts, and the boundaries of zoning districts set out herein are delineated upon the Zoning District Map of the City, which may also be cited as the “Zoning Map”, said map being adopted as a part of this Ordinance as fully as if the same were set forth herein in detail.
3.1
One original of the Zoning District Map shall be filed in the office of the City Secretary and labeled as “Zoning Map of the City of Hutchins, Texas – Ordinance No. 782”. This copy shall be the original Zoning District Map and shall bear the signature of the Mayor, attested by the City Secretary, and shall bear the seal of the City under the following words: “This is to certify that this is the original Zoning Map referred to in Section 3 of the Zoning Ordinance, Ordinance No. 782 of the City of Hutchins, Texas, adopted on the 16th day of February, 2004”. This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.
3.2
A copy of the official Zoning District Map shall be placed in the office of the City Administrator, or his/her designee. The map copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Reproductions for informational purposes may be made of the official Zoning District Map.
Any changes/amendments made to the zoning district boundaries shall be made on the map copy promptly after the amendment has been approved by the City Council, together with a descriptive entry on the map that includes the ordinance number and adoption date of each subsequent ordinance amending the zoning on a parcel of land. |
(Ordinance 782 adopted 2/16/04; Ordinance 2022-1142 adopted 3/21/22)
§ 4 ZONING DISTRICT BOUNDARIES.
4.1
The zoning 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 Zoning District Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerline.
B.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following City limits shall be construed as following City limits.
D.
Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.
E.
Boundaries indicated as following the centerline of creeks, streams or drainageways shall be construed to follow such centerline, and in the event of change in the centerline shall be construed to move with such centerline.
G.
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 public way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.
H.
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.
I.
Where physical features on the ground are at variance with information shown on the Zoning District Map, or if 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 A through H, the property shall be considered classified as “A” (Agriculture district).
(Ordinance 782 adopted 2/16/04; Ordinance 2022-1142 adopted 3/21/22)
§ 5 COMPLIANCE REQUIRED AND APPLICATION OF REGULATIONS.
5.1
All land, buildings, structures or appurtenances thereon located within the City of Hutchins, Texas which are hereafter occupied, used, constructed, erected, removed, placed, demolished, and/or converted shall be occupied, used, erected, altered, removed, placed, demolished and/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 such shall be subject to penalties as per Section 44 of this Ordinance.
5.2
No lot upon which a building has been erected shall later be so reduced in area that the setbacks, yards and/or open spaces shall be smaller than those required by this Ordinance, nor shall a part of a yard or other open space required by this Ordinance for any building/lot be included as a part of a yard or other open space similarly required for another building/lot.
5.3
No building shall hereafter be erected or altered:
A.
That is not in conformance with these zoning regulations;
B.
To accommodate or house a greater number of families than is specified within this Ordinance for the zoning district in which such building is located; or
C.
On property that is not properly platted in accordance with the City’s Subdivision Ordinance.
5.4
Temporary storage of any structure not designed to be transportable shall be prohibited.
(Ordinance 782 adopted 2/16/04; Ordinance 2022-1142 adopted 3/21/22)
§ 6 ZONING UPON ANNEXATION.
6.1
Any newly annexed territory shall automatically be zoned Agricultural (“A”), and such zoning classification shall run with the land until such a time that the City Council approves and adopts an amending ordinance that changes the zoning of the property to some other permanent zoning classification.
6.2
The City Council may, upon its own motion and at any time following annexation, initiate proceedings to zone newly annexed territory with a more permanent zoning classification (e.g., for single-family, multifamily, retail, etc.) other than the Agricultural (“A”) zoning designation upon a determination that such zoning is in conformance with the City’s adopted Comprehensive Plan, is the most appropriate zoning classification for the subject property, is in the best interest of the City of Hutchins, and is not detrimental to adjacent property or to the public health, safety and welfare. Said proceedings to establish permanent zoning may be undertaken concurrently with annexation procedures (i.e., notified at the same time, public hearings scheduled at the same time as annexation, etc.), however zoning approval and formal adoption of the ordinance establishing permanent zoning must occur after annexation approval/adoption has occurred and as a separate and distinct City Council action.
6.3
The zoning of a land parcel, whether it is by initiation of the landowner or by initiation of the City, must meet the requirements for notification and public hearings as set forth in Section 10 of this Ordinance and all other applicable State laws.
6.4
The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of the petition for annexation, but no such annexation petition may be made conditioned upon the approval of any particular zoning classification.
(Ordinance 782 adopted 2/16/04; Ordinance 2022-1142 adopted 3/21/22)