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Magnolia City Zoning Code

CHAPTER 1

Title, Purpose, Authority, Jurisdiction, and Transitional Provisions

Sec. 1-1-1.01 Title; Short Title
  • Title. This document shall officially be known as the “Unified Development Code”.
  • Short Title. This document may be referred to herein as the “UDC” or “this Code”.

    • Effective on: 1/1/1901

    Sec. 1-1-1.02 Purpose
    The provisions of this UDC are enacted to protect the public health, safety, and general welfare in accordance with the goals of the Comprehensive Plan. The provisions of this UDC are specifically intended to:

    1. Encourage economic opportunities, particularly those that have meaningful multiplier effects in the local economy, by Promoting the vitality and development of commercial and industrial districts.
    2. Protect public health and safety and environmental quality by:
      1. Ensuring greater public safety, convenience, and accessibility through the physical design and location of land uses and activities;
      2. Facilitating the adequate and safe provision of transportation, water, sewage, drainage, schools, parks, and other public facilities; and
      3. Preserving and protecting existing trees and vegetation, woodlands, floodplains, stream and riparian corridors, scenic views, and other areas of scenic and environmental significance from adverse impacts of land development.
    3. Protect the quality of life of City residents, business owners, employees, and visitors by:
      1. Ensuring the provision of adequate open space for light, air, and fire safety;
      2. Promoting a healthful and convenient distribution of population by regulating the density and intensity of development;
      3. Enhancing the visual character of the City through the regulation of design, where such regulations are appropriate;
      4. Ensuring that the appearance, visual scale, and orientation of developments are compatible with that envisioned the Comprehensive Plan and other plans and the goals, objectives of the Commission and Council; and
      5. Creating a sense of place for each development by requiring architectural designs and features that promote character, dignity, visual interest, utility, and strengthens the quality of life and economic welfare of the City to enhance its ability to compete business and industry.
    4. Protect the fiscal and functional health of the City by:
      1. Fostering convenient, compatible, and efficient relationships among and between land uses;
      2. Ensuring that facility and service demands of new development will not exceed the capabilities of existing streets, utilities, or other public facilities and services; and
      3. Promoting a balanced supply of residential, commercial, and industrial land uses that are compatible with adjacent land uses and have good transportation access.

    Effective on: 1/1/1901

    Sec. 1-1-2.01 Authority
    The UDC is adopted and enforced pursuant to the authority contained in the City’s Code of Ordinances, adopted pursuant to Article XI, Section 5 of the Constitution of the State of Texas, and such additional authority as may be conferred by the Texas Statutes.

    Effective on: 1/1/1901

    Sec. 1-1-2.02 Jurisdiction
  • Generally. All provisions of this UDC apply within the corporate limits of the City of Magnolia, Texas.
  • Extraterritorial Jurisdiction (ETJ). In order to ensure orderly, fiscally, and environmentally responsible growth of the City, it is the intent of this UDC to fully enforce the following chapters of this Code in the ETJ:
    1. Chapter 4, Design Standards;
    2. Chapter 5, Site Development and Design; and
    3. Chapter 6, Signs and Lighting.

    • Effective on: 1/1/1901

    Sec. 1-1-2.03 Conflicting Provisions
    This UDC shall be interpreted to establish the minimum requirements for the promotion of the public health, safety, and welfare. If any provision of this UDC conflicts with any other provision of this UDC, any other Ordinance of the City, or any applicable State or Federal law, the more restrictive provision shall apply unless it is preempted.

    Effective on: 1/1/1901

    Sec. 1-1-2.04 Effective Date
    The effective date is the adopted date or most recent amended date of this UDC.

    Effective on: 1/1/1901

    Sec. 1-1-3.01 Pending Applications
  • Generally. Except as provided in Subsection B., below, each application for development approval shall be evaluated only by the adopted ordinances and technical regulations in effect at the time that each complete application is submitted.
  • Stale Applications. Applications for development approval that are not pursued with due diligence may expire pursuant to Section 11-3-1.10, Approval; Effect of Approval.

    • Effective on: 1/1/1901

    Sec. 1-1-3.02 Development Approvals that Predate the Code
  • Generally. It is the intent to respect existing development approvals. Approved development may be carried out within the scope of the development approval, including applicable standards in effect at the time of approval, provided that the approval is valid and has not lapsed.
  • Duration of Approvals. Development approvals that are valid on the effective date are valid until their expiration date; or, if no expiration date is specified in the approval documents or prior Code, pursuant to Section 11-3-1.10, Approval; Effect of Approval.
  • Scope of Approvals. This Section shall not be interpreted to confer rights upon an applicant that are not set out within the scope of a development approval.
  • Application to Subdivision Plats.
    1. A zoning regulation adopted after the approval of a residential subdivision plat that affects the exterior appearance of a single-family house, including the type and amount of building materials; or the landscaping of a single-family residential lot, including the type and amount of plants or landscaping materials, does not apply to that subdivision if:
      1. The date the plat was approved; or
      2. The date the City accepts the subdivision improvements offered for public dedication.
    2. This Subsection does not prevent the City from:
      1. Adopting or enforcing building codes; or
      2. Prohibiting the use of building materials that have been proven to be inherently dangerous; or
      3. Adopting or enforcing amendments to this UDC that do not affect the zoning regulations.

    • Effective on: 1/1/1901

    Sec. 1-1-3.03 Prior Conditions of Approval
  • Generally. Conditions of development approvals that were granted prior to the effective date remain in force, regardless of the standards of this UDC.
  • Modification or Elimination of Conditions. Conditions of approvals that were imposed prior to the effective date may be modified or eliminated.

    • Effective on: 1/1/1901

    Sec. 1-1-3.04 Existing Violations
  • Generally. Any violation of the previous versions of the Magnolia Code of Ordinances shall continue to be a violation under this UDC and shall be subject to the penalties and enforcement set out herein unless the use, development, construction, or other activity complies with the provisions of this UDC. However, this provision shall not be interpreted as a waiver of prior conditions of approval, which are subject to Section 1-1-3.03, Prior Conditions of Approval.
  • Fines and Penalties. Payment of fines shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered a violation under this UDC.

    • Effective on: 1/1/1901

    Sec. 1-1-3.05 Private Restrictions
  • Generally. This Code does not abrogate private restrictions that affect the use, development, or maintenance of property. Only the provisions of this UDC will be enforced on property that is subject to private restrictions. 
  • No Duty to Search for, Interpret, or Enforce Private Restrictions. Unless the City is a party to them, it will not take any of the following actions:
    1. Search for the existence of private restrictions;
    2. Interpret private restrictions; or
    3. Enforce private restrictions.
  • No City Liability. The City may adopt policies to assist parties seeking information regarding the existence of private restrictions, but shall not be held accountable regarding the accuracy of such information.

    • Effective on: 1/1/1901