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Ivanhoe City Zoning Code

Subchapter 1

GENERAL PROVISIONS

§ 154.001 ENACTING CLAUSE.

(A) 
This chapter is hereby enacted and adopted as the zoning chapter for the city to read as follows.
(B) 
The city adopts the following state statutes cited herein.
(C) 
All city property is exempt from this chapter.
(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.002 TITLE AND PURPOSE.

(A) 
Title.
This chapter shall be known and may be cited as the city’s Zoning Ordinance.
(B) 
Purpose.
As authorized by Tex. Local Government Code, Ch. 211, 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 particular suitability for the uses specified, and with a view to conserving the value of buildings and attributes and to encouraging the most appropriate use of land throughout the city.
(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.003 ZONING DISTRICT MAP.

(A) 
Division into zoning districts.
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 section as fully as if the same were set forth herein in detail.
(1) 
The 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 Ivanhoe, Texas. The original copy shall be the Official 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 Official Zoning Map referred to in sec. 1-3 of the Zoning Ordinance of the city adopted on October 9, 2010”. The original map shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.
(2) 
The original Zoning District Map shall be placed in the office of the Mayor/City Secretary or his or her designee. The map shall be used for reference and shall be the City of Ivanhoe, Texas Zoning Ordinance, maintained up-to-date by posting thereon all subsequent amendments. Reproductions for informational purposes may only be made of the Official Zoning District Map or this copy.
(B) 
Zoning map changes/amendments.
Any changes/amendments made to the zoning district boundaries shall be made on the map original promptly after the amendment has been approved by the City Council, together with a descriptive entry on the map as follows:
“On the _____ day of __________, 20_____ , by official action of the City Council of Ivanhoe, Texas, the following change(s) was made on the City’s Official Zoning District Map: (enter a brief description of the nature of the change), Ordinance No._____, effective date__________, 20_____ ”. The descriptive entry shall be signed by the Mayor and attested by the City Secretary.
(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.004 ZONING DISTRICT BOUNDARIES.

(A) 
The zoning district boundary lines shown on the Zoning District Map are usually along streets, alleys, property lines, or extensions thereof.
(B) 
Where uncertainty exists as to the boundaries of districts as shown on the Zoning District Map, the following rules shall apply.
(1) 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(2) 
Boundaries indicated as approximately following city limits shall be construed as following city limits.
(3) 
Boundaries indicated as following the centerline of creeks, streams, or drainage ways shall be construed to follow such centerline and, in the event of change in the centerline, shall be construed to move with such centerline.
(4) 
Boundaries indicated as parallel to, or extensions of, features indicated within divisions (B)(1) through (B)(3) above shall be so construed. Distances not specifically indicated on the Zoning District Map shall be determined by the scale of the Map.
(5) 
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.
(6) 
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.
(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.005 COMPLIANCE REQUIRED; APPLICATION.

(A) 
Compliance hereafter.
All land, buildings, structures, or appurtenances thereon located within the city which are occupied, used, constructed, erected, removed, placed, demolished, or converted after the effective date of this chapter shall be occupied, used, erected, altered, removed, placed, demolished, 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 provided in secs. 10.21 through 10.23 and 10.99. All of the standards and regulations prescribed herein shall be considered as the minimum requirement as set forth in the International Property Maintenance Code (IPMC) or unless explicitly stated otherwise. No building shall hereafter be erected or altered:
(1) 
To have more narrow or smaller front, side, or rear yards than those required by this chapter;
(2) 
To exceed the maximum height allowed by this chapter;
(3) 
To occupy a greater percentage of lot area than allowed by this chapter; or
(4) 
To accommodate or house a greater number of families than is specified within this chapter for the zoning district in which such building is located.
(B) 
Reference codes for standards.
The city will use the following codes and any revisions thereafter:
(1) 
The International Residential Code (IRC) for one- and two-family dwellings;
(2) 
The International Property Maintenance Code (IPMC);
(3) 
The International Building Code (IBC) for commercial buildings;
(4) 
The Uniform Plumbing Code (UPC) for residential and commercial;
(5) 
The Uniform Mechanical Code (UMC);
(6) 
The National Electrical Code (NEC); and
(7) 
The International Fire Code (IFC).
(C) 
Use conflicting with other regulations.
No use(s) shall be allowed that is prohibited by state or federal law or that operates in excess of state or federal environmental, pollution, or performance standards as determined by the U.S. Environmental Protection Agency (EPA), Texas Air Control Board (TACB), Texas State Department of Health (TSDH), Texas Commission on Environmental Quality (TCEQ), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), or any other applicable state or federal agency, as the case may be.
(D) 
Setbacks, yards, and open spaces.
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 chapter, nor shall a part of a yard or other open space required by this chapter for any building or lot be included as a part of a yard or other open space similarly required for another building or lot.
(E) 
Applications in relation to zoning.
No preliminary or final plat applicable to land that is located within the city limits shall be submitted for approval until the area contained within the plat has been zoned for the proposed use of the property.
(F) 
Existing uses.
All existing uses that may be nonconforming after the effective date of this chapter shall comply with secs. 152.001 through 152.008.
(G) 
Characteristic of the land.
Zoning is considered to be a characteristic of the land rather than a characteristic of the landowner. Zoning cannot be bought or sold.
(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.006 ZONING UPON ANNEXATION.

(A) 
As soon as practical following annexation, but in no event more than 120 days thereafter, the City Council shall, on its own motion or by property owners of the annexed area, initiate proceedings to establish zoning on the newly annexed territory, thereupon the city shall commence public notification and other standard procedures for zoning amendments as set forth in sec. 154.033. Said proceedings to establish zoning may be undertaken concurrently with annexation procedures. However, zoning approval and formal adoption of the ordinance establishing zoning must occur after annexation approval and adoption has occurred and as a separate and distinct action by the City Council.
(B) 
The initial zoning of a land parcel after annexation, whether by initiation of the landowner or by initiation of the city, must meet the requirements for notification and public hearings as set forth in sec. 154.034 and all other applicable state laws.
(C) 
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 application may be made conditioned upon the approval of any particular zoning classification.
(Ordinance 2011-27(f) adopted 11/12/15)

§ 154.007 AMENDMENTS.

(A) 
All ordinances adopted subsequent to this code which shall amend, repeal, or in any way affect this code may be numbered in accordance with the numbering system of this code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section, or division or any portion thereof, such repealed portions may be excluded from the code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall by prima facie evidence of such subsequent ordinances until such time that this code and subsequent ordinances numbered or omitted are re/adopted as a new code by the City Council.
(B) 
Amendments to any of the provisions of this code shall be made by amending such provisions by specific reference to the chapter, section, and division, if applicable, of this code in the following language:
“That chapter_____ , section_____, division _____ of the Code of the City of Ivanhoe, Texas, is hereby amended to read as follows:..” The new provisions shall then be set out in full as desired.
(C) 
In the event an addition not heretofore existing in the code is to be added, the following language shall be used:
“That the Code of the City of Ivanhoe, Texas, is hereby amended by adding a chapter, section, or division to be numbered _____, which said chapter, section, or division reads as follows:...” The new chapter, section, or division shall then be set out in full as desired.
(Ordinance 2011/(f) adopted 11/12/15)

§ 154.008 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLUVIAL FAN FLOODING.
Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
APEX.
A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
APPURTENANT STRUCTURE.
A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
AREA OF FUTURE CONDITIONS FLOOD HAZARD.
The land area that would be inundated by the 1% annual chance (100-year) flood based on future conditions hydrology.
AREA OF SHALLOW FLOODING.
A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community’s Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD.
The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate-making has been completed in preparation for publication of the FIRM, Zone A is usually refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE, or V.
BASE FLOOD.
The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE).
The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year, also called the BASE FLOOD.
BASEMENT.
Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL.
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
CRITICAL FEATURE.
An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
DEVELOPMENT.
Any human-made change to improved and unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials.
DISTRICT.
The city is divided into districts for the purpose of formulating a Zoning and Planning Ordinance that allows property owners to determine what type of housing and businesses will be allowed in the city. Districts I and III (map attached to Ord. 2011-27(f) codified herein) allow single-family dwellings, including manufactured homes, to be built in these districts, but no commercial building. District II allows only single-family built homes excluding manufactured homes or commercial buildings. District IV allows commercial building only. No single-family or manufactured homes may be built in District IV.
ELEVATED BUILDING.
For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
EXISTING CONSTRUCTION.
For the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM, or before January 1, 1975, for FIRMs effective before that date. EXISTING CONSTRUCTION may also be referred to as EXISTING STRUCTURES.
EXISTING MANUFACTURED HOME DISTRICT.
A manufactured home district for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME DISTRICT.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD or FLOODING.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) 
The overflow of inland or tidal waters; or
(2) 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD ELEVATION STUDY.
An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM).
An official map of a community, issued by the Administrator, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as Zones A, M, and/or E.
FLOOD INSURANCE RATE MAP (FIRM).
An official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS).
See FLOOD ELEVATION STUDY.
FLOODPLAIN OR FLOOD-PRONE AREA.
Any land area susceptible to being inundated by water from any source (see FLOODING).
FLOODPLAIN MANAGEMENT.
The operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS.
Zoning ordinances, regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOOD-PROOFING.
Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
FLOOD PROTECTION SYSTEM.
Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a “special flood hazard” and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
FLOODWAY.
See REGULATORY FLOODWAY.
FUNCTIONALLY DEPENDENT USE.
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE.
Any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
INTERMODAL CONTAINER.
A large standardized shipping container, designed and built for intermodal freight transport, meaning these containers can be used across different modes of transport – from ship to rail to truck – without unloading and reloading their cargo. INTERMODAL CONTAINERS are primarily used to store and transport materials and products efficiently and securely in the global containerized intermodal freight transport system, but smaller numbers are in regional use as well. These containers are known under a number of names, such as simply container, cargo or freight container, ISO container, shipping, sea or ocean container, container van or (Conex) box, sea or c can.
LAKEFRONT.
Property (consisting of a single lot or adjoining lots under same ownership) that shares a common boundary with a lake shoreline, lake edge or lake bed.
LEVEE.
A human-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM.
A flood protection system which consists of a levee or levees and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LIGHT INDUSTRIAL.
Industry that is usually less capital-intensive than heavy industry, and is more consumer-oriented than business oriented (for example, most light industry products are produced for end users rather than as intermediates for use by other industries). Light industry facilities typically have less environmental impact than those associated with heavy industry, and zoning laws are more likely to permit light industry near residential areas. It is the production of small consumer goods. Some but not all example of light industry would be water company office, construction office, equipment yard with street maintenance and earth extraction equipment (such as, motor trader, trailer, backhoe, track hoe, trucks), storage of road material and fuel tanks and the like.
LOWEST FLOOR.
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure usable solely for parking or vehicles, building access, or storage in an area other than a basement area is not considered a building’s LOWEST FLOOR; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of sec. 60.3 of the National Flood Insurance Program regulations.
MANUFACTURED HOME.
A structure transportable in one or more sections which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a “recreational vehicle”.
MANUFACTURED HOME PARK DISTRICT.
Land authorized for manufactured home lots for rent or sale.
MEAN SEA LEVEL.
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION.
For the purpose of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, NEW CONSTRUCTION means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME DISTRICT.
A manufactured home district for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE.
A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projections, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters.
RIVERINE.
Relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like.
SPECIAL FLOOD HAZARD AREA.
See AREA OF SPECIAL FLOOD HAZARD.
START OF CONSTRUCTION.
(For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), being 16 U.S.C. secs. 3501 et seq.), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual START means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE.
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to it’s before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either: any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions, or any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.
VARIANCE.
A grant of relief by a community from the terms of a floodplain management regulation. (For full requirements, see sec. 60.6 of the National Flood Insurance Program regulations.)
VIOLATION.
The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in the National Flood Insurance Program sec. 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in VIOLATION until such time as that documentation is provided.
WATER SURFACE ELEVATION.
The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Ordinance 2011-27(f) adopted 11/12/15; Amendment of 4/14/16; Ordinance 2023-8 adopted 6/15/2023)