This chapter shall be known and may be cited as the "Zoning Chapter of the City of Mont Belvieu" or simply as the "zoning chapter."

(Ord. No. 2008-021, § 2(25-1), 10-13-2008)

The zoning ordinance from which this chapter is derived is adopted pursuant to the powers granted and limitations imposed by the Constitution and laws of the state and other provisions of Texas statutory and common law that are relevant and appropriate.

(Ord. No. 2008-021, § 2(25-2), 10-13-2008)

The provisions of this chapter shall apply to the development of all land within the city, unless specifically provided otherwise in this chapter.

(Ord. No. 2008-021, § 2(25-3), 10-13-2008)

The zoning ordinance from which this chapter is derived is adopted for the purposes of promoting the public health, safety and general welfare of the citizens of the city. It is adopted in accordance with, and is intended to implement, the city's comprehensive plan, as adopted in 1999. More specifically, this chapter is intended to do one or more of the following:

(1)

Guide the future growth and development of the city, to achieve orderly urban development through land use controls, to enhance the special characteristics and small town character of the city and to create a unique sense of place in concert with the city's other regulations and ordinances;

(2)

To protect and conserve the value of land throughout the city and the value of buildings upon the land, and to minimize the conflicts among various uses of land and buildings;

(3)

Preserve and enhance the city's natural environment and avoid natural and manmade hazards in the development of the city;

(4)

Balance the protection of community resources with the need to promote economic development and protect individual property rights;

(5)

Establish a process that effectively and fairly applies the regulations and standards of this chapter.

(Ord. No. 2008-021, § 2(25-4), 10-13-2008)

The provisions of this chapter are the minimum standards necessary to accomplish its stated purposes. It is not the intent of this chapter to interfere with, abrogate or annual any private easement, covenant, deed restriction or other agreement between private parties. When the provisions of this chapter impose a greater restriction than imposed by such private agreements, the provisions of this chapter shall control. When private agreements impose a greater restriction than imposed by this chapter, such private agreements shall control.

(Ord. No. 2008-021, § 2(25-5), 10-13-2008)

In the event that the provisions of this chapter are inconsistent with one another or when the regulations of this chapter conflict with other adopted ordinances or regulations of the city, the more restrictive provisions shall control, unless otherwise specifically stated.

(Ord. No. 2008-021, § 2(25-6), 10-13-2008)

The boundaries of the zoning districts established by this chapter shall be shown on a map or series of maps entitled "Official Zoning Map," an up-to-date copy of which shall be maintained in the office of the city planner. Original copies of the official zoning map and all amendments thereto shall be maintained in the city secretary's office. In case of any dispute regarding the zoning classification of property subject to this Code, the original copy maintained by the city secretary shall control.

(Ord. No. 2008-021, § 2(25-7), 10-13-2008)

No building or structure shall be erected, converted, enlarged, reconstructed or altered for use, nor shall any building, structure or land be used or changed in such a way that it does not comply with all of the district regulations established by this chapter for the district in which the building or structure or land is located.

(Ord. No. 2008-021, § 2(25-8), 10-13-2008)

Any land which comes under the zoning jurisdiction of the city by reason of its annexation to the city shall be classified into the rural use (RU) zoning district unless the owner or majority of owners of the subject property request another zoning classification, in which case such property shall be assigned a zoning district classification in accordance with the zoning amendment procedures of section 42-279.

(Ord. No. 2008-021, § 2(25-9), 10-13-2008)

(a)

Building permits. Except as specifically provided, the provisions of this chapter shall not affect any building permit or any valid building permit application filed prior to October 13, 2008, provided that construction pursuant to such permit, if and when issued, is commenced within 12 months of the date of issuance of the permit and diligently pursued to completion.

(b)

Subdivision plats. Except as specifically provided, the provisions of this chapter shall not affect any preliminary plat or final plat approved pursuant to the regulations of chapter 32, subdivision regulations.

(Ord. No. 2008-021, § 2(25-10), 10-13-2008)

If any section, subsection, sentence, clause, phrase or portion of this chapter is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this chapter.

(Ord. No. 2008-021, § 2(25-11), 10-13-2008)