For the purpose of regulating and restricting the location of trade, industries and other uses and the location of buildings, designed, erected, altered or occupied for specific purposes, the city is hereby divided into districts as follows:

(1)

District A single-family dwelling district.

(2)

District B townhouse/patio home district.

(3)

District C townhouse/patio home district.

(4)

District C-2 residential district.

(5)

District M multifamily dwelling district.

(6)

District F first business district.

(7)

District G second business district.

(8)

District H industrial district.

(9)

Reserved.

(10)

District J third business district.

(11)

District J-1 fourth business district.

(12)

District K fifth business district.

(13)

Motor vehicle sales overlay district.

(14)

District D Jersey Village Crossing district.

These districts are described in more detail in divisions 2 and 3 of this article.

(Ord. No. 95-04, § 1(301), 2-20-95; Ord. No. 99-05, § 1, 2-15-99; Ord. No. 99-31, § 1, 11-15-99; Ord. No. 02-18, § 2, 7-15-02; Ord. No. 2010-40, § 2, 8-23-10; Ord. No. 2010-55, § 2, 12-13-10; Ord. No. 2011-25, § 1, 5-23-11)

(a)

The boundaries of the respective districts enumerated in this section and in division 2 and division 3 of this article are defined and established as depicted on the map entitled, "Official Zoning Map of the City of Jersey Village, Texas" which is an integral part of this chapter. The official zoning map shall be identified by the signature of the mayor, attested by the city secretary, and bear the following: "This is to certify that this is the official zoning map of the City of Jersey Village, Texas adopted on the 28th day of September, 1981." If in accordance with the provisions of this chapter, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made to the official zoning map after amendment has been approved by the city council, together with an entry on the official zoning map as follows: "On ________, by official action of the city council of the City of Jersey Village, the following change(s) were made: (brief description with reference number of amending ordinance)."

(b)

The official zoning map will be maintained and kept up-to-date in the office of the city secretary, accessible to the public and shall be the final authority as to the current zoning status of properties in the city. If the official zoning map becomes damaged, destroyed, lost, obsolete or difficult to interpret because of the nature or number of changes made thereto, the city council may, by ordinance, adopt a new official zoning map which shall supersede the prior official zoning map. The revised zoning map, shall be identified by the signature of the mayor, attested by the city secretary and bear the seal of the city under the following words: "This is to certify that this is the official zoning map referred to in the ordinance of the City of Jersey Village, adopted on _____ day of ___________, ___, which replaces and supersedes the official zoning map which was adopted on September 28, 1981."

(Ord. No. 95-04, § 1(301.1), 2-20-95; Ord. No. 2011-25, §§ 2, 6, 5-23-11)

The following rules shall be used to determine the location of any designated district boundary of the city:

(1)

Boundaries shown or described as following or approximately following the city limits shall be construed as following such limits.

(2)

Boundaries shown or described as following or approximately following streets shall be construed to follow the centerlines of such streets.

(3)

Boundary lines shown or described as following or approximately following platted lot lines or other property lines as shown on plats filed for record in the office of the county clerk shall be construed as following such lines.

(4)

Boundaries shown or described as following or approximately following centerlines of streams, creeks or other watercourses shall be construed as following the channel centerline of such watercourses, and in the event of a natural change in the location of such streams, creeks or other watercourses, the boundary line shall be construed as moving with the channel centerline.

(5)

Boundaries shown or described as separated from and parallel, or approximately parallel to, any of the features listed in subsections (1) through (4) of this section shall be construed to be parallel to such features and at such distances as are shown on the map.

(Ord. No. 95-04, § 1(301.2), 2-20-95)

(a)

Authority to amend. The city council may, from time to time, on its own motion, or on petition from a property owner, or on recommendation from the planning and zoning commission, amend the boundaries of the zoning districts. Where an application for an amendment is submitted by a property owner, it shall be accompanied by a fee as established from time to time by the city council.

(b)

Planning and zoning commission report required. Prior to any action to amend the official zoning map, the planning and zoning commission shall review the proposal. The commission shall submit a written report containing its conclusions and recommendations to the city council.

(c)

Public hearing required prior to amendments.

(1)

A joint public hearing shall be held by the city council and the planning and zoning commission prior to the approval or rejection of the reported recommendations of the commission; or

(2)

The following sequence shall be followed:

a.

Planning and zoning commission preliminary report submitted to city council.

b.

Joint public hearing with the planning and zoning commission and city council.

c.

Planning and zoning commission final report to the city council.

d.

Action.

(d)

Public notice. Notice of the public hearing shall be according to the procedures established in section 14-10. At least 15 days' notice of the time and place of such hearings shall be published in the official newspaper of the city.

(e)

Three-fourths majority required. If a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of a least three-fourths of all members of the city council. The protest must be written and signed by the owners of a least 20 percent of either the area of the lots or land covered by the proposed change, or the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.

(f)

Zoning amendment reapplication limitation. In order to ensure the stability of the land use within the city and in an effort to promote and protect the quality of life for the citizens of the city with respect to the use and enjoyment of their respective property, no reapplication for a zoning district map amendment will be accepted by the city within a period of 12 months from the date of the city council's denial of the initial application; provided, however, that upon receipt of documented proof from the applicant that conditions have substantially and materially changed since the initial submission of the application, and upon further evidence that such changes justify a rehearing of the matter, the city council may waive the mandatory holding period and accept a reapplication.

(Ord. No. 95-04, § 1(301.3), 2-20-95)

(a)

A specific use permit shall be required before any of the uses described in the respective district regulations as specific uses will be permitted within the applicable district. A specific use permit is an amendment to the district regulations and permits the permanent establishment of a specific use within a zoning district.

(b)

A person may file an application for specific use permit in writing with the development officer accompanied by a nonrefundable fee as may be established from time to time by the city council. The application shall include, but not be limited to, the following:

(1)

The applicant's name and address;

(2)

The legal description and address of the property that is the subject of the application;

(3)

A detailed description of the use that is proposed;

(4)

The zoning district in which the subject property is located; and

(5)

The written consent of the owner or owners of the subject property, if the applicant is not the owner.

(c)

An application for specific use permit shall be subject to the same procedures as those provided by section 14-84 for the amendment of zoning district boundaries.

(d)

In determining whether a specific use permit shall be granted, the planning and zoning commission and the city council shall consider uses of abutting property and other property in the vicinity, the compatibility of the proposed specific use with abutting and area uses, the character of the neighborhood, accessibility for vehicular and pedestrian traffic and the adequacy of drainage and off-street parking.

(e)

In granting a specific use permit, the city council may impose such additional standards, conditions and safeguards as may be deemed necessary and appropriate, and compliance with such conditions shall be a condition precedent to the issuance of a certificate of occupancy.

(Ord. No. 97-30, § 2(301.3.1), 11-17-97)

All territory annexed to the city hereafter shall be temporarily designated in district A single-family dwelling district until permanently zoned by the city, except for that territory annexed into the area shown in Appendix E of Section 14-120, it shall be designated as district D (Jersey Village Crossing district).

(Ord. No. 95-04, § 1(301.4), 2-20-95; Ord. No. 2011-25, § 8, 5-23-11)

A person commits an offense if that person uses land for a purpose not permitted in the district in which it is located. Permits shall be obtained from the development officer (see section 14-6(a)). For the purpose of carrying out the provisions of this article, the development officer shall be the building official (see Standard Building Code).

(Ord. No. 95-04, § 1(301.5), 2-20-95)

(a)

Any person who shall violate any provision of this article, the same being the city's comprehensive zoning ordinance, or who shall fail to comply with any of the provisions thereof, or who shall build or alter any building in violation of any statement or plan submitted and approved hereunder, or who shall occupy or use any land or building without a certificate of occupancy or in a manner not authorized by a certificate of occupancy applicable to such land

or building shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not less than $1.00, nor more than $2,000.00, and each day such violation shall exist shall be a separate offense.

(b)

The owner of any building or premises or part thereof, where anything in violation of this article shall be placed or shall exist, and any architect, builder, contractor, agent or person in connection therewith and who may have assisted in the commission of any such violation shall be guilty of a separate offense and, upon conviction thereof, shall be fined as provided in this section.

(Ord. No. 95-04, § 1(301.6), 2-20-95)

(a)

General regulations.

(1)

No use of private or public property, whether it be residential, business, commercial or industrial, shall be permitted if that use is so obnoxious or offensive as to be reasonably calculated to disturb persons of ordinary temper, sensibilities and disposition by vibration, noise, view or the emission of odor, dust, smoke or pollution of any other kind.

(2)

No use of public street right-of-way or public sidewalk or adjacent property, either private or public, shall be permitted if that use inhibits or hinders the movement of normal traffic on that street or sidewalk.

(3)

City maintenance personnel must be allowed free access to utility easement and street rights-of-way so they can perform maintenance and repair of utility systems.

a.

No buildings or structures of any type or size, other than fences, shall be permitted on utility easements.

b.

If fences are located on utility easements, city maintenance personnel may remove such fences at any time for the purpose of gaining access to utility systems, and no liability will be incurred for damages to, repair of or replacement of such fences.

(4)

Any building which has been damaged by fire or other causes to the extent of more than 50 percent of its value shall be rebuilt in conformity with this article, as though it were a new building, or removed. This shall not apply to damaged structures outside the 100-year (one percent probability) floodplain, in regards to slab height, where the footprint of a structure is not modified and the slab is intact. The building shall be secured from entrance by any unauthorized persons within 24 hours after all embers are extinguished. A building permit is required before removal, repair or reconstruction commences which shall be started within 60 days of the date the damage occurs and shall be completed within a reasonable time, but not later than 150 days after the damage occurs. Before occupancy will be permitted a certificate of occupancy shall be required.

(5)

Whenever any street is abandoned, the boundaries of any districts that lie along one side of each street are automatically extended to the centerline of such street.

(6)

No platted lot shall be reduced in size and no lot area shall be reduced or diminished so that the lot size or the yards shall be smaller than prescribed by this chapter. These regulations shall not apply in district D.

(7)

No individual water well or piping for such system shall be connected in any way to any public water supply system.

(8)

Add-on construction. After a certificate of occupancy has been issued for a building in accordance with section 14-7(b), no add-on type of construction such as patio covers, carports, balconies, stoops, porches or any structural alteration of the building shall be made unless a new building permit is first obtained from the development officer in accordance with chapter 14. The plans must be submitted to and approved by the development officer. Requests for a building permit to allow add-on type construction or structural alteration of a building shall indicate that the proposed construction will be in harmony with the style of the original building.

(9)

No permit for the erection, alteration, reconstruction, conversion or use of any building shall be issued by the development officer unless the plan required by chapter 14 provides for a sidewalk to be constructed on all street sides of such building. This subsection shall apply to all districts of the city, with the exception of block 42.

(10)

Lighting of off-street parking areas and/or for external illumination of any building and grounds shall be arranged so that the source of light is concealed or shielded from public view and from adjacent residential properties and does not interfere with traffic. These regulations shall not apply in district D.

(11)

Temporary buildings shall be permitted only in connection with construction on the premises on which located, which buildings shall be removed upon completion or abandonment of the construction; real estate sales offices during development of residential subdivision in which they are located and limited to sales of property in such subdivisions; and educational, municipal or church functions operated for the benefit of the public. It shall be unlawful for any person to erect, construct, enlarge, place, locate or relocate any temporary building on premises within the city, or cause the same to be done, without first obtaining a building permit therefor in accordance with section 14-114. It shall be unlawful for any person to use or occupy a temporary building without first obtaining a certificate of occupancy therefor in accordance with subsection 14-7(b). A certificate of occupancy shall be limited to the duration of the intended use not to exceed one year; provided, however, that the certificate of occupancy may be extended as follows:

a.

Where the temporary building is used for the contractors' offices, equipment storage, model homes and real estate sales offices for residential projects, the certificate of occupancy may be extended at one-year intervals until the project is 90 percent constructed; and

b.

Where the temporary building is for a use other than described in subsection (21)a of this section, the certificate of occupancy may be extended for one additional one-year period.

A temporary building shall be in compliance with the terms of the building code and all other applicable laws and ordinances. A temporary building shall not be used in any manner constituting a nuisance or interfering with the quiet enjoyment of the neighborhood. These regulations shall not apply in district D.

(12)

A nonresidential building may not be erected on a lot abutting a subdivision containing residential structures closer to the subdivision than 50 feet for a one-story building, 100 feet for a two-story building, or 150 feet for a three or more-story building. These regulations shall not apply in district D.

(13)

No sleeping quarters other than those within a permanent residential structure, hotel or motel shall be used for longer than seven days within a 30-day period; provided that a recreational vehicle or portable building may be used for temporary housing and sleeping quarters by a person whose residence is uninhabitable as a result of flood, fire or environmental conditions if parked on a paved surface on a private property and with appropriate sewer and electrical connections. No person shall occupy a recreational vehicle or portable building for temporary housing and sleeping quarters without first receiving a permit for such use from the building official. The building official shall issue a permit if the conditions set forth herein are met. The permit shall be valid for the period of time necessary to restore the residence to habitability, as determined by the building official, but not to exceed 120 days. Any extension to such permit will require approval of the building official and director of public works. These regulations shall not apply in district D.

(14)

Any finished floor that is elevated more than 12 inches above natural grade shall be provided with a dropped brick ledge or dropped veneer so as to leave no more than eight inches of slab exposed. All crawl spaces resulting from pier-and-beam and stem-wall types of construction must provide dropped veneers with vents sufficient to cover the sub-slab void.

(b)

Building setbacks. Unless otherwise specifically provided elsewhere in this article, all buildings and structures located in a district within the city shall conform to the following setbacks (as measured from the property line):

(Ord. No. 95-04, § 1(302), 2-20-95; Ord. No. 96-08, § 2, 6-17-96; Ord. No. 97-04, §§ 1, 2, 4-21-97;Ord. No. 99-05, §§ 2—4, 2-15-99; Ord. No. 99-31, §§ 2—5, 11-15-99; Ord. No. 00-26, § 1, 8-21-00; Ord. No. 01-30, §§ 3, 7, 10-15-01; Ord. No. 02-16, § 1, 7-15-02; Ord. No. 03-17, §§ 1, 2, 4-21-03; Ord. No. 04-06, § 1, 3-15-04; Ord. No. 04-08, § 2, 5-17-04; Ord. No. 04-25, § 1, 12-20-04; Ord. No. 2006-5, § 1, 3-20-06; Ord. No. 2006-8, § 1, 2-20-06; Ord. No. 2008-22, § 1, 7-21-08; Ord. No. 2009-22, §§ 1, 2, 5-18-09; Ord. No. 2011-14, § 1(Exh. A), 3-21-11; Ord. No. 2011-25, §§ 9—11, 5-23-11; Ord. No. 2013-46, § 2(Exh. A), 12-16-13; Ord. No. 2017-55, § 2, 12-18-17; Ord. No. 2019-29, § 2, 6-17-19; Ord. No. 2022-38, § 2, 10-17-22; Ord. No. 2023-13, § 4, 5-17-2023)

Example 14-7 Bufferyard Standards

The following special exemptions may be approved by the board of adjustment in accordance with section 14-22.

(1)

Public or semipublic buildings such as hospitals, churches, sanitariums, public utility buildings or schools, whether public or private, where permitted may be erected to a height not exceeding 75 feet, provided that such building shall be set back two additional feet on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

(2)

Flagpoles, electric power line poles and towers, ornamental towers, monuments, domes, spires and necessary mechanical appurtenances may be erected to a height in accordance with generally accepted practice for the trade or industry with which they are associated, none of which shall exceed 75 feet in height.

(Ord. No. 95-04, § 1(305), 2-20-95; Ord. No. 00-21, § 4, 6-19-00; Ord. No. 2011-25, § 4, 5-23-11)

Note— Formerly § 14-112.

(a)

Structural nonconforming uses existing on the effective date of the ordinance from which this section derives may be continued.

(b)

Structural nonconforming uses of any building or land may not be extended to any other building or land if such use would be nonconforming on the other building or land.

(c)

See section 14-6 of this chapter, nonconforming use permit.

(Ord. No. 95-04, § 1(306), 2-20-95; Ord. No. 99-05, § 14, 2-15-99; Ord. No. 2011-25, § 4, 5-23-11)

Note— Formerly § 14-113.

It shall be the duty of the development officer to enforce or delegate enforcement of the provisions of this article and to refuse to issue any permit for any building or for the use of any premises which would violate any provision of this article. The development officer or any deputy or inspector working under his direction may cause any building or premises to be inspected and examined, and order in writing remedying any condition found to exist therein or thereat in violation of any provision of this article.

(Ord. No. 95-04, § 1(308), 2-20-95; Ord. No. 2011-25, § 4, 5-23-11)

Note— Formerly § 14-115.

Editor's note— Ord. No. 99-05, § 15, adopted Feb. 15, 1999, repealed § 14-114, which pertained to building permits, and derived from Ord. No. 95-04, § 1(307), adopted Feb. 20, 1995. Subsequently, § 14-114 was renumbered as § 14-93 by Ord. No. 2011-25, § 4, adopted May 23, 2011.