This section of the City of Justin's Unified Development Code, found within this chapter, is crafted in alignment with a comprehensive plan. Its primary aim is to enhance the health, safety, and general well-being of the community, reflecting the goals outlined in the City of Justin Comprehensive Plan. The intent is to centralize all regulations related to land use and development into a single, organized location, avoiding repetitive content. This approach ensures that anyone involved in land use and development can easily find all relevant city regulations in one accessible chapter. This chapter is also structured to be published and shared independently as a complete and distinct part of the entire City Code.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

(a)

In support of these purposes, this chapter contains regulations designed to:

(1)

Protect existing neighborhoods, preventing their decline, and promoting their livability;

(2)

Address future needs, growth, and change in the jurisdiction;

(3)

Conserve land and water resources;

(4)

Preserve groundwater quality and supply;

(5)

Recognize geologic features, soil, and topography;

(6)

Improve air quality;

(7)

Minimize congestion in the streets and reduce reliance on automobiles by providing options for walking, bicycling, and transit use;

(8)

Secure safety from fire and other dangers;

(9)

Provide adequate light and air;

(10)

Prevent overcrowding of land and undue concentrations of population;

(11)

Provide adequate transportation, water supplies, sewer service, schools, parks, open space, and public facilities;

(12)

Conserve the value of buildings;

(13)

Examine the most appropriate use of the land;

(14)

Regulate the location of business and industry;

(15)

Regulate the height and bulk of buildings;

(16)

Protect the capacity of floodways and non-encroachment areas to prevent loss or damage to homes or property;

(17)

Regulate the area of yards and open spaces for buildings;

(18)

Provide for the needs of agriculture;

(19)

Protect historic sites and areas; and

(20)

Encourage an aesthetically attractive community.

(b)

The objectives of this chapter are to ensure the systematic, effective, and sustainable growth of the city and county. This includes:

(1)

Aligning the layout of streets, highways, and public utilities in new subdivisions with the current or envisioned streets, highways, and utilities;

(2)

Setting aside land for rights-of-way, utility paths, open spaces, recreational zones, and other public infrastructures;

(3)

Safeguarding historical landmarks and preserving the natural environment; and

(4)

Managing population and traffic to prevent congestion and overcrowding, thereby fostering conditions that are vital for public health, safety, and welfare.

(c)

The statements of purpose and intent outlined above are not to be interpreted as regulations of the chapter. Rather, they establish the foundation and direction for the regulatory measures detailed in the following articles and sections of the chapter.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

This chapter is adopted under the authority of the constitution and laws of the state, including, particularly, V.T.C.A., Local Government Code, Chapters 43, 211, 212, and 213.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

(a)

The comprehensive plan is described as a plan that is to be used by the city council, as well as all future city councils, as a guide for the orderly growth and development of the city and its environs. The plan should "facilitate the movement of people and goods, and the health, safety, and general welfare for the citizens of the city."

(b)

Imagine Justin is a city-wide comprehensive plan that reimagines the core planning documents used by the city to create policy, inform decisions, and establish an expectation of the general direction of the community. The plans included within the comprehensive plan are: future land use plan (experience districts plan), master thoroughfare plan (mobility plan), a parks and trails plan, and any future plans adopted and incorporated therein. The city's comprehensive plan, adopted March 28, 2023, is incorporated herein by reference as if fully set out at length, and a copy is on file and available for inspection in the office of the city secretary.

(c)

The relationship between the comprehensive plan and development regulations is that the comprehensive plan serves merely as a guide for rezoning requests rather than as a mandatory restriction on the city's authority to regulate land use. The comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries. The comprehensive plan does not limit the ability of the city to prepare other plans, policies, or strategies as required.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Except as herein specifically provided:

(1)

No person shall use, occupy, or develop any land, building, or other structure, or authorize or permit the same, except in accordance with all applicable provisions of this Code.

(2)

No building shall be erected, converted, enlarged, reconstructed, moved, or structurally altered except in conformity with area, height, and off-street parking and loading regulations of the district in which such building is located.

(3)

For each building that existed at the time this chapter was passed, as well as for any building constructed thereafter, the following standards must be maintained: the minimum distance between buildings (yards), the number of parking spaces, and the amount of open space, including the space per dwelling unit, as specified in this chapter. These requirements are unique to each building and cannot be infringed upon or used to satisfy the requirements of another building. Additionally, the size of any lot cannot be decreased below the minimum standards established by this chapter for the zoning district in which the lot is situated.

(4)

Every building erected or structurally altered shall be located on a building lot as herein defined, and except as specifically provided herein, there shall not be more than one main building on one lot.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

(a)

The fee schedule adopted by the city council provides fees and charges for various services, such as, but not limited to, issuance of building permits, issuance of zoning certificates, and processing appeals. Payment of all applicable fees is required unless waived by the city council.

(b)

Before the city's planning and zoning commission schedules an item for consideration, the applicant must pay all applicable fees. An application to the planning and zoning commission will not be deemed complete unless all applicable fees are paid.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

The regulations adopted herein are intended to ensure public safety, health, and general wellbeing. If the rules of this chapter offer more stringent restrictions on building usage, size, or require more open space than other local laws or agreements, then the regulations set forth in this chapter prevail.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

(a)

The owner of any building, structure, or land, or part thereof, and any agent or any other person employed in connection therewith who violates, or assists in the violating, this Code shall be deemed guilty of such violation and shall fined amount herein established.

(b)

The violation of any of the provisions of this Code shall be unlawful and shall constitute a misdemeanor. Each day that the violation continues shall constitute a distinct and separate violation offense. Any person found guilty for any violation of this Code shall be assessed a fine amount as set forth by chapter 1, section 1-10 of the Justin Code of Ordinances.

(c)

Nothing in this section shall limit in any manner the authority of the city to seek any injunctive or other civil relief available under the laws of the State of Texas.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

This section of the zoning ordinance from which this chapter is derived is designed to add to the existing rules of the city. However, if a rule in this section is in conflict with a rule in another section, then the rule in the other section is hereby repealed.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

(a)

If you were using your land in a way that was legal when the zoning regulations in this chapter were adopted, you can keep using it in that same way. However, you must follow the rules in V.T.C.A., Local Government Code, Chapter 245 and the applicable rules in this zoning ordinance.

(b)

If a building was being used legally when this chapter was adopted, that use can keep going even if it does not match the new rules. This use can move to other parts of the building made for it, if no changes are made to the building's structure unless the law says you have to. If the building stays as it is, you can switch from one non-conforming use to another, if the new use is the same or more in line with the zoning rules. If the building that does not conform is torn down on purpose, anything that replaces it must follow the zoning rules.

(c)

In the event a nonconforming use of any building or premises is voluntarily discontinued for a period of six months based on utility accounts, the use of the same shall conform to the provisions of the district in which it is located.

(d)

A nonconforming use if changed to a conforming use or a more restricted nonconforming use, may not be changed back to a less restricted use than that to which it was changed.

(e)

If a property is being used in a way that does not comply with current zoning laws (a nonconforming use) and is then changed to meet these laws (a conforming use) or is changed to another nonconforming use that has more restrictions, it cannot be changed back to the original nonconforming use or to any use with fewer restrictions than the new nonconforming use. Essentially, once you move towards compliance with zoning laws, you cannot go back to a less compliant usage.

(f)

Repairs and alterations may be made to a nonconforming building, provided that no structural alternations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.

(g)

If a building that does not comply with current zoning laws is completely destroyed or becomes too old to use, it cannot be rebuilt or made larger. However, if such a building is only partly damaged, and the cost of the damage is less than half of the building's value according to the Denton Central Appraisal District, then the building inspector can approve its repair. If the damage costs more than half of the building's value, the board of adjustment has the power to allow the building to be repaired or replaced. This decision is made after a public meeting and considering how it will affect the rights of the people involved, the well-being of the public, the nature of the neighborhood around the building, and the goals of these rules.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

The city retains all its legal options to address any breaches of zoning laws that occurred before the adoption of this ordinance. This includes continuing with any ongoing lawsuits or criminal proceedings related to such breaches, regardless of whether they have started in court. These cases will proceed as usual until they are resolved by the legal system. This new chapter does not change the handling of past violations or current legal actions.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)