Lakeside City Zoning Code
GENERAL PROVISIONS
§ 151.001 TITLE.
This chapter shall be known as and may be cited and referred to as the "Zoning Ordinance of the Town of Lakeside," which includes narrative regulations and map.
(Ord. 312, passed 6-22-2010)
§ 151.002 EXEMPTION OF THE TOWN.
The town is exempt from any and all regulation contained herein, upon approval of the town.
(Ord. 312, passed 6-22-2010)
§ 151.003 PURPOSE.
The purpose of this chapter is to zone the Town of Lakeside into districts in accordance with a Comprehensive Plan for the purpose of promoting health, safety, morals, and the general welfare of the public. The regulations and districts herein established have been designated to lessen congestion in the streets; to provide safety from fire, panic, and other dangers; to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of populations, and to provide and facilitate provisions for transportation, water, sewerage, schools, parks, and other public requirements. The districts have been established with reasonable consideration of the character of the district and its peculiar suitability for the particular uses, and with the view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Where this chapter imposes a greater restriction upon land, buildings, or structures than is imposed or required by other ordinances, covenants, or agreements, the provisions of this chapter shall govern. Where other ordinances impose greater restrictions than are imposed herein, the provisions of those other ordinances shall govern. All construction shall be governed by applicable sections of the latest publications of the International Conference of Building Officials, Uniform Building Code.
(Ord. 312, passed 6-22-2010)
§ 151.004 ESTABLISHMENT OF DISTRICTS.
The town is hereby divided into five straight zoned districts and one special district. The use, height, and development regulations as established are uniform in each district. The districts established herein shall be known as follows:
ABBREVIATED DESIGNATION STRAIGHT ZONED DISTRICTS
R1 Single-Family District
R2 Single-Family Residential District
MF Multifamily Residential District
MH HUD Code Manufactured Housing Residential District
C General Commercial District
SPECIAL DISTRICTS
PD Planned Development District
(Ord. 312, passed 6-22-2010)
§ 151.005 ZONING DISTRICT MAP.
The Town of Lakeside is hereby divided into the zones or districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter. The Official Zoning Map shall be identified by the signature of the Mayor and attested to by the Town Secretary.
(A) Changes. If, in accordance with the provisions of this chapter, changes are made in the district boundaries or other matter portrayed on the Official Zoning Map, the changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Town Council.
(B) Approval by Council. Approved zoning changes shall be entered on the Official Zoning Map by the Town Planning and Zoning Commission and each change shall be identified on the map with the date and number of the ordinance making the change. No amendment to this chapter which involves matter portrayed on the official Zoning Map shall become effective until after the ordinance has been finally approved by the Town Council.
(C) Unauthorized changes. No change of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with the provisions set forth in this chapter. Unauthorized changes of any kind, by any person or persons, shall be considered a violation of this chapter and punishable hereunder.
(D) Officially filed. The Official Zoning Map shall be located in the office of the Town Secretary, and shall be the final authority as to the current zoning status of land and water areas, building, and other structures in the town. The Official Zoning Map shall be available to the public at all hours when the Town Hall is open to the public.
(E) Replacement. In the event the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature and/or number of changes and additions, the Town Council may, by resolution, adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the Town Secretary.
(Ord. 312, passed 6-22-2010)
§ 151.006 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.
Uncertainty or conflicts in district.
(A) Centerlines. Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.
(B) Lot lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(C) Town limits. Boundaries indicated as approximately following town limits shall be construed as following town limits.
(D) Railroads. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(E) Shorelines. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, drainage courses, creeks, canals, lakes, or other bodies of water shall be construed to follow such centerlines.
(F) Extensions of features. Boundaries indicated as parallel to or extensions of features indicated in divisions (A) through (B) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
(G) Vacated public way. Whenever any street, alley, or other public way is vacated by official action of the Town Council, the zoning district line adjoining each side of the street, alley, or other public way shall be automatically extended to the centerline of the vacated street, alley, or way, and all area so involved shall be subject to regulations of the extended districts.
(H) Variance of physical features and Official Zoning Map. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or when 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 divisions (A) through (G) above, the property shall be considered as classified in the R1 District, in the same manner as provided for newly annexed territory, and the issuance of a building permit and the determination of zoning shall be in accordance with the provisions provided in § 151.007.
(Ord. 312, passed 6-22-2010)
§ 151.007 ZONING ANNEXED TERRITORY.
(A) Classification of newly annexed territory. All territory which hereafter is annexed to the town shall automatically be considered to be in the R1 District. The procedure for establishing zoning on annexed territory shall conform to the procedure established by state law for the adoption of original zoning regulations.
(B) Alternative zoning of newly annexed territory. The Town Council or petitioners for annexation may request alternative zoning classifications in an area being considered for annexation. The Town Council may hold public hearings on annexation and zoning simultaneously, and may approve the zoning of a newly annexed area at the time of annexation.
(C) Constructions in newly annexed territory. No person shall erect, construct, or proceed or continue with the erection or construction of any building or structure, add to any building or structure, or cause the same to be done in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy from the building official. No permit for construction of a building or use of land shall be issued by the building official other than a permit which will allow the construction of a building permitted in the R1 District.
(Ord. 312, passed 6-22-2010)
§ 151.008 APPLICATION OF DISTRICT REGULATIONS.
(A) Conformance required. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
(B) Provisions or chapter are minimum requirements. In their interpretation and application, the provisions of this chapter shall be construed to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, morals, and general welfare. Wherever this chapter imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of this chapter shall govern.
(Ord. 312, passed 6-22-2010)
§ 151.009 BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY.
(A) Building permit required. No building or other structure shall be erected, moved, added to, or structurally altered without a building permit issued by the administrative official. No building permit shall be issued for any building or structure except in conformity with the provisions of this chapter. No permit for the construction of a building or buildings upon any land shall be issued until a building site has been created by the land being a platted lot appearing on a plat properly approved by the town and filed in the records of the County Clerk of Tarrant County.
(1) Application for building permit. All applications for building permits shall be accompanied by plans in triplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration; existing or proposed uses of the building and land; housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter. One copy of the plans shall be returned to the applicant by the administrative official, that has markings on the copy either as approved or disapproved and attested to same by his or her signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the administrative official.
(2) Expiration of building permit. If the work described in any building permit has not begun within six calendar months from the date of issuance thereof, said permit shall expire, and work shall not proceed until a new building permit has been obtained.
(B) Certificate of occupancy required. It shall be unlawful to use or occupy or permit the use or occupancy of any non-residential building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued by the administrative official stating that the proposed use of the principal building or land conforms to the requirements of this chapter.
(1) No permit for erection, alteration, moving or structural repair of any non-residential building shall be issued until an application has been made for a certificate of occupancy, and the certificate shall be issued in conformity with the provisions of this chapter upon completion of the work.
(2) A temporary certificate of occupancy may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that said temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
(3) The administrative official shall maintain a public record of all certificates of occupancy.
(4) Failure to obtain a certificate of occupancy shall be a violation of this chapter and punishable under § 151.039.
(C) Conformance required. Building permits or certificates of occupancy issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed violation of this chapter, and punishable as provided by § 151.039.
(Ord. 312, passed 6-22-2010)
§ 151.010 PLATTING OF PROPERTY NOT PROPERLY ZONED.
The Town Council shall not approve any plat until the area covered by the proposed plat is or shall be zoned to the proper zoning classification by the Town Council.
(Ord. 312, passed 6-22-2010)
§ 151.011 PRE-EXISTING USES, LOTS, AND STRUCTURES.
(A) Pre-existing uses. Uses, that are in existence prior to the effective date of this chapter shall be deemed to be legal non-conforming uses.
(B) Pre-existing lots. Lots and parcels of land, that are in existence prior to the effective date of this chapter and do not meet the requirements provided herein, shall be deemed to be legal non-conforming lots and shall be exempt from the lot area requirements of the zoning districts. Lots or parcels having existing structures thereon prior to the effective date of this chapter shall be exempt from the front, rear, and side yard setback requirements for all structures located thereon at that date. However, new construction for structures located thereon after the effective date of this chapter shall be required to meet the setback requirements of the respective district applicable to that lot.
(C) Pre-existing structures. Structures, that are in existence prior to the effective date of this chapter and do not meet the requirements provided herein, shall be deemed to be legal non-conforming structures and shall be exempt from the area and height requirements of the zoning districts. Said structures shall be permitted to be expanded, repaired, and remodeled without meeting the area requirements for structures. However, said structures are not exempted from the height regulations for new construction after the effective date of this chapter that exceeds the regulations provided in the respective district applicable to the property on which that structure is located.
(Ord. 312, passed 6-22-2010)