This chapter 125 of the Code of the City of League City shall be known as "Development Regulations." Chapter 125 of the Code of the City of League City, Texas, entitled "Zoning Ordinance," originally passed and approved August 10, 1999 (Ord. 99-52) together with all amendments thereto; Article I of Chapter 102, of the Code of the City of League City, Texas, entitled "Subdivision and Development Ordinance," adopted October 28, 2003 (Ord. 2003-64), together with all amendments thereto; Article II of Chapter 102 of the Code of the City of League City, Texas, entitled "Provision of Parkland," adopted January 8, 2018 (Ord. 2018-45); Article III of Chapter 102 of the Code of the City of League City, Texas, entitled "Tree Preservation, Mitigation and Maintenance" adopted September 25, 2018 (Ord. 2018-28) and Chapter 90 of the Code of the City of League City, Texas, entitled "Signs," originally adopted on July 12, 1984 (Ord. 84-35), together with all amendments thereto, are hereby amended and recodified as the City of League City Development Regulations.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

These development regulations are adopted under authority of the constitution and laws of the State of Texas, including particularly V.T.C.A., Local Government Code Chs. 211, 212, 216 and 242, and pursuant to the provisions of the Code of Ordinances and Charter of the city.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

125-1.3.1.

The regulations of this chapter 125 are adopted in accordance with the League City 2035 Comprehensive Plan and most recently adopted future land use plan for the purpose of promoting the health, safety, morals, and general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and significance.

125-1.3.2.

These development regulations are designed to:

(a)

Lessen congestion in the streets;

(b)

Secure safety from fire, panic and other dangers;

(c)

Promote health and general welfare;

(d)

Provide adequate light and air;

(e)

Prevent overcrowding of land;

(f)

Avoid undue concentration of population;

(g)

Facilitate the adequate provision of transportation, water, sewer, schools, parks, and other public requirements;

(h)

Promote the character of areas of the city;

(i)

Limit the uses in areas of the city that are particularly suitable for particular uses; and

(j)

Conserve the value of buildings and encourage the most appropriate use of land throughout the city.

125-1.3.3.

In so implementing these development regulations, the city may, as needed, utilize policies in the comprehensive plan including, but not limited to, the future land use plan and corresponding provisions, as well as the design and construction standards approved by ordinance by the city council.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

125-1.4.1.

All development and use of land within the corporate limits of the city shall conform to the requirements of this chapter unless specifically exempted herein or by law.

125-1.4.2.

As authorized by V.T.C.A., Local Government Code Chs. 212 and 216, the city shall apply the applicable subdivision and sign regulations of this chapter to the city's extraterritorial jurisdiction (ETJ).

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

125-1.5.1.

General. In interpreting and applying the provisions of this chapter, these provisions shall be held to be the minimum requirements necessary for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare.

125-1.5.2.

Conflicting provisions. No provision of this article is intended to, nor shall any part hereof be construed, modify, repeal or conflict with any other ordinance, rule, regulation or state or federal law. The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. Prohibitions set out in state or federal law are also prohibited within the city. Compliance with state or federal law does not grant relief from complying with this UDC, unless preempted by state or federal law.

125-1.5.3.

Delegation of authority. Whenever a provision appears requiring the department head or some other officer or employee to do some act or perform some duty, the department head or other officer may designate, delegate, and authorize professional-level subordinates to perform the required act or duty, unless the terms of the provision or section specify otherwise.

125-1.5.4.

Authority to interpret. Unless otherwise specified in this section, the director shall have the authority to determine the meaning, applicability, and interpretation of any provision of this chapter. Any person aggrieved, or any officer, department, board or commission of the city affected by an interpretation of the director may appeal the interpretation to the board of adjustment in accordance with section 125-2.3.

125-1.5.5.

Text. Illustrations, figures, and captions are provided for purposes of describing, clarifying or presenting examples of the definitions in the text and do not replace or limit the meaning of the text. In case of any difference of meaning or implication between the text and any illustration, figure or caption, the text shall control.

125-1.5.6.

Tense. Words used in the past or present tense include the future as well as the past or present, unless the context clearly indicates the contrary.

125-1.5.7.

Number. Words used in the singular number include the plural and words used in the plural number include the singular, unless the context of the particular usage clearly indicates otherwise.

125-1.5.8.

Words and phrases. Nontechnical words and phrases shall be construed according to the common and approved usage of language. Technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

125-1.5.9.

Shall, will, must, and may. The word "shall," "will" and "must" are mandatory implying an obligation or duty to comply with the particular provision. The word "may" is permissive.

125-1.5.10.

Conjunctions. Unless the context clearly indicated the contrary, conjunctions shall be interpreted as follows:

(a)

And indicates that all connected items, conditions, provisions, or events shall apply.

(b)

Or indicates that one or more connected items, conditions, provisions, or events shall apply.

(c)

Either…or indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

Every business within the city must be operated out of a building, as defined in this chapter except as otherwise provided by this chapter. The building out of which the business operates must be located on a contiguous parcel of land to the business.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

The effective date of this chapter shall be September 29, 2020.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

Editor's note— Ord. No. 2022-25, § 1, adopted Aug. 9, 2022, repealed § 125-1.8, which pertained to vested rights and derived from Ord. No. 2020-25, § 1(Exh. A), adopted Sept. 29, 2020.

Public regulation of land is entirely separate from and independent of private deed restrictions. The city does not enforce private deed restrictions. Where there is a conflict between this chapter and any private restrictions, the more restrictive provisions shall apply. The provisions of this chapter are not intended to abrogate any deed restriction, covenant, easement or any other private agreement or restriction on the use of land. In addition, no weight shall be given to the effect of deed restrictions in construing this chapter.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

Any business that is a nuisance to the surrounding neighbors or endangers public health, safety or welfare shall not be operated.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

125-1.11.1.

Nonconformances. Any legally established use as of the effective date of this chapter that is not permitted in the table of permitted uses for the district in which it is located shall be considered a nonconforming use. Nonconforming use status may place significant restrictions on renovation, alteration, expansion or reconstruction of the use. Refer to section 125-3.14.17.

125-1.11.2.

Building permits. Nothing in this chapter shall require any change in the plans, construction or designated use of a building actually and lawfully under construction, or previously approved, on the date of passage of the ordinance from which this chapter is derived, and a substantial part of which has been completed as determined by the building official within one year from the effective date of this chapter. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be completed in conformance with the building code.

125-1.11.3.

Approved site development plans. This chapter shall require a change to a site development plan approved prior to the adoption of this chapter provided a building permit is issued within 60 days of the effective date of this chapter and construction starts consistent with the terms and conditions of the building permit and proceeds to completion in a timely manner.

125-1.11.4.

Approved concept plans. Nothing in this chapter shall require a change to a concept plan for a planned unit development, approved prior to the adoption of this chapter. Any additional approval required to implement a concept plan for which application is made after the effective date of this chapter shall follow the requirements in effect at the time of application for such additional approval. Refer to section 125-3.10, PUD Planned Unit Development Overlay District.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. City council hereby declares that it would have passed the ordinance from which this chapter is derived, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.

(Ord. No. 2020-25, § 1(Exh. A), 9-29-2020)