Joshua City Zoning Code
ARTICLE 1
Authority
§ 1.1 Title.
The regulations in this and the following articles constitute the Zoning Code of the City of Joshua, which shall be designated “The Zoning Ordinance of the City of Joshua, Texas,” and may be so cited. References, herein, shall be as, “this Ordinance.”
This Ordinance replaces and supersedes entirely the Zoning Ordinance, as amended, of the City of Joshua, Texas as approved on December 18, 2008, providing that same shall continue to apply as to the enforcement of violations which occurred thereunder and violations otherwise not subject to the enforcement of the provisions of this ordinance. All violations of the provisions of this ordinance occurring after its effective date shall be prosecuted or subject to enforcement as provided herein, regardless of whether or not such conduct would have been in violation of any prior ordinances.
Under the laws of the State of Texas authority is conferred upon the City of Joshua to establish zoning districts within the City for the purpose of regulating the use of land and controlling the density of population to the end that congestion may be lessened in the public streets and that the public health, safety, morals, convenience and general welfare be promoted in accordance with Chapter 211, Municipal Zoning Authority of the Texas Local Government Code.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
§ 1.2 Purpose and Intent.
The Zoning Ordinance of the City of Joshua, Texas is intended to promote the health, safety, morals and general welfare of the public and to implement the adopted Comprehensive Plan for the orderly and controlled development of the City.
To accomplish these ends, the ordinance is designed to achieve the following goals and objectives:
A.
To promote the health, safety, morals and general welfare of the citizens of the City of Joshua and to create and maintain conditions under which the citizens and their environment can exist in productive and enjoyable harmony while fulfilling the social, economic and other requirements of present and future generations.
B.
Ensure that all new developments are in general agreement and conformance with the Comprehensive Plan to ensure a harmonious pattern of development.
C.
Ensure that new development will be adequately served by streets, utilities, schools, parks and other community facilities and that older developed areas can be maintained as healthy neighborhoods.
D.
Ensure that appropriate allocations of various land uses will be provided to meet future population levels and types.
E.
To create quality zoning controls that allow some flexibility for superb creative development.
F.
Promote infill development of various types in appropriate areas to reduce urban sprawl and duplication of public services thereby saving tax dollars and preserving agricultural land.
G.
Protect residential areas from conflicting land uses by providing adequately landscaped buffer zones between conflicting areas.
H.
Higher types of commercial, industrial and high-density development are to locate at the most economic and environmentally desirable locations.
I.
Ensure that industrial activity does not deplete the resources and quality of the land intended for current and future generations.
J.
Promote a quality of development both within the City and within the City’s extraterritorial jurisdiction to direct orderly and systematic growth.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
§ 1.3 Definition Reference.
Article 11 contains certain definitions used throughout this Ordinance. Other definitions are contained in the specific provisions to which the terms relate. Undefined words are given their commonly understood meaning in the context used.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
§ 1.4 Rules of Language and Statutory Construction.
The following general rules of statutory construction apply when interpreting this Ordinance unless otherwise indicated.
A.
Words in the present tense include the future. The reverse is also true.
B.
Words in the singular number include the plural number. The reverse is also true.
C.
The word “building” includes the word “structure.”
D.
The word “lot” includes the words “plot” or “tract.”
E.
The words “must” and “may not” are mandatory and the word “may” is permissive.
F.
The word “district” means zoning district.
G.
The word “City” means the City of Joshua, Texas.
H.
The text material of this Ordinance controls over illustrative material.
I.
Unless the context clearly requires otherwise, the use of terms such as “including,” “such as,” or similar language are intended to provide examples, and not intended to be exhaustive lists of all possibilities.
J.
All references to other city, county, state or federal regulations in this Ordinance refer to the most current version, or as may be amended, and citation for those regulations, unless expressly indicated otherwise. If the referenced regulations have been repealed and not replaced by other regulations, requirements for compliance are no longer in effect.
K.
All references to “days” are to be deemed working days unless otherwise expressly stated. The time in which an act must be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or holiday observed by the City, that day is excluded. A day concludes at the close of business (5:00 p.m.), and any materials received after that time will be deemed to have been received the following day.
L.
Wherever a provision appears requiring the head of a department or another official or employee of the City to perform an act or duty, that provision is construed as authorizing the department head or official to delegate that responsibility to a designee.
In construing this Ordinance, all provisions are given equal weight, unless the context clearly demands otherwise.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
§ 1.5 Preexisting Regulations.
The City adopts Chapter 245 of the Texas Local Government Code by reference, including any future amendments to Chapter 245 that the Texas Legislature adopts, and declares Chapter 245 a part of this Ordinance as fully as if the Chapter was incorporated into this Ordinance in its entirety. In an application required under this Ordinance, an applicant shall identify the preexisting regulations relied upon or the factual information demonstrating that the applicant’s project was in progress and not dormant. Should Chapter 245 be repealed by the Texas Legislature, this Section remains in effect for one (1) year from the date of such repeal. During such time, the City Council may take action it deems appropriate to provide that an application or project in progress may continue.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
§ 1.6 Severability.
Should any Article, Section or any provision of this Ordinance be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so held to be unconstitutional or invalid.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
§ 1.7 Conflicting Ordinances.
Whenever any provision of this ordinance imposes a greater requirement or a higher standard than is required in any State or Federal statute or any other City ordinance or regulation, the provision of this ordinance shall control. Whenever any provision of any State or Federal statute or other City ordinance or regulation imposes a greater requirement or a higher standard than is required by this ordinance, the provision of such State or Federal statute or other City ordinance or regulation shall control.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
§ 1.8 Enforcement and Penalty for Violation.
1.8.1
COMPLIANCE REQUIRED.
A.
No person may use, occupy, or develop land, buildings, or other structures, or authorize or permit the use, occupancy, or development of land, buildings, or other structures under the control of the person except in accordance with all applicable provisions of this Ordinance. For purposes of this Section, the “use” or “occupancy” of a building or land relates to anything and everything that is done to, on, or in that building or land.
B.
The owner of any building or land, or part thereof, where anything in violation of this Ordinance is placed or used, and any architect, builder, contractor, agent, or any other person employed in connection therewith, who may have assisted or contributed to the commission of any such violation, shall each be deemed guilty of a violation of this Ordinance.
C.
The City shall not issue a Building Permit or Certificate of Occupancy required by this Ordinance for any land located within the jurisdiction of the City to which this Ordinance applies, until and unless there is compliance with this Ordinance.
D.
The City shall not allow the connection to municipal utility water, sewer or franchise electricity to any property to which the provisions of this Ordinance apply, unless and until there is compliance with the provisions of this Ordinance.
1.8.2
PENALTY.
A.
Any person, firm or corporation who shall violate any of the provisions of this Ordinance or who shall fail to comply with any provisions hereof within the corporate limits of the City of Joshua shall be guilty of a misdemeanor and upon conviction shall be fined with the maximum fine in the amount of up to two thousand dollars ($2,000) for a violation of any provision governing the public health, safety, morals and welfare.
B.
Each day any violation or noncompliance continues shall constitute a separate and distinct offense.
C.
Any person, firm or corporation who shall violate any of the provisions of this Ordinance or who shall fail to comply with any provisions hereof within the extraterritorial jurisdiction of the City, outside the corporate limits, shall not be guilty of a misdemeanor; however, the City may institute any appropriate action or proceeding in the District Court or County Court of Law to enjoin the violation of this Ordinance.
D.
The penalty provided herein shall be cumulative of other remedies provided by state law and the power of injunction may be exercised in enforcing this Ordinance whether or not there has been a criminal complaint filed.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
§ 1.9 Effective Date.
This Ordinance was adopted on (date) [June 18, 2020] and became effective as the Zoning Ordinance of the City of Joshua, Texas on (date) [June 18, 2020].
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)