Generally, sections 118-267 through 118-272 defines the zoning districts and their intent for the city. Section 118-273 and article IV of this chapter pertaining to permissible uses establishes the allowable uses in each district as well as establishing special requirements for certain uses. Article VI of this chapter pertaining to development standards establishes such things as density, height and setback of each zoning district, among other things.

(Ord. No. 1130, art. II, § 1, 11-3-1998)

(a)

The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by reference and declared to be a part of this chapter.

(b)

In addition, there are overlays to these zoning districts which may or may not conform to the same boundaries. These overlays and the city's floodplain management ordinance in article II of chapter 42 may impose additional standards or requirements.

(c)

The zoning map may include, for reference only, the general boundaries of floodplain and floodway areas. For regulations beyond those established in section 118-273 and article IV of this chapter pertaining to permissible uses and article VI of this chapter pertaining to development standards and for the location of boundaries, reference should be made to article II of chapter 42, pertaining to floodplain management, in this Code.

(Ord. No. 1130, art. II, § 2, 11-3-1998)

(a)

Base zoning districts. For the purpose of this chapter, the city is divided into 12 zoning districts which shall be known and cited as follows:

FIGURE 1 ZONING DISTRICTS

(b)

Zoning overlay districts. In addition to the base zoning districts, the following zoning overlay districts may be applied to properties within the city:

FIGURE 2 ZONING OVERLAY DISTRICTS

(Ord. No. 1130, art. II, § 3.1, 11-3-1998; Ord. No. 1350-2-04, 2-3-2004; Ord. No. 1720-9-16, § 2, 9-20-2016)

(a)

Zoning districts comprise the base standards by which any property may be developed. They establish such standards as allowable land uses, maximum density or development and minimum building setbacks, among other things. Each zoning district established in this chapter is provided for a specific purpose in accordance with a comprehensive plan for the location of various types of uses throughout the city as follows:

(1)

A agriculture district. The agriculture district is intended for the following:

a.

Land which is presently used for agricultural purposes;

b.

Land which has been newly annexed into the city;

c.

Land which is used for open space purposes; and

d.

Land which is not yet ready for development due to unavailability of urban services or a lack of a market for development.

These lands should appropriately continue to be used for agriculture purposes until such time as they are needed for urban purposes in conformity with the comprehensive plan and orderly growth of the city. The uses permitted in this district are intended to accommodate normal agricultural activities.

(2)

R-1 single-family dwelling district. The R-1 district is intended as an area for low density single-family use. Lots in this area must be 8,250 square feet and larger.

(3)

R-2 single-family dwelling district. The R-2 district is intended to provide for slightly higher density residential areas. Lots in this area must be 6,000 square feet or larger.

(4)

R-3 duplex dwelling district. This classification creates a residential district which is appropriate for single-family housing and two-family housing.

(5)

R-4 multiple-family dwelling district. This district is intended for higher density residential areas which may contain a mixture of single-family, two-family, and multiple-family dwellings. District regulations are designed to protect residential characteristics of the area and to prevent the overcrowding of land. For the purposes of this chapter, R-4 is considered a commercial zoning district in locating and mapping this district, and in determining residential adjacency.

(6)

B-1 local business district. This district is intended to accommodate those business activities supplying the day-to-day commercial needs of nearby residents. The types and intensity of uses allowed in this district are limited so as to not adversely affect neighboring residential areas.

(7)

B-2 general business district. This district is intended to accommodate those business activities that are oriented toward the automobile, or whose operations may require limited truck access. Generally this district is located along major traffic arteries where strip business development exists.

(8)

B-3 central business district. This district is intended to accommodate and enhance commercial activities in the central area of the city, and to promote the downtown as a pedestrian-oriented destination for residents and visitors. This district is intended to build on the area's historic heritage and character.

(9)

I-1 light industrial district. This district is intended to accommodate light industrial and heavy commercial uses which may be characterized as having regular truck traffic, large amounts of storage, higher levels of noise, or some other impact on surrounding properties and the roadway system. In addition, the district also includes certain support services for industrial development such as office, commercial, personal and professional services, and retail.

(10)

I-2 heavy industrial district. This district provides for a wide range of industrial activities, some of which may generate objectionable or hazardous conditions and therefore are not compatible with nonindustrial land uses. Allowed uses include manufacturing, processing, slaughtering, warehousing, outside storage, and distribution.

(11)

MD medical use district. This district is intended to accommodate those business activities associated with, or related to, the medical profession.

(12)

PD planned development district. The purpose of the planned development (PD) district is to:

a.

Provide greater flexibility in land use, density, and other regulations, and more closely reflect special conditions of development sites in a manner which is consistent with the comprehensive plan and community objectives;

b.

Preserve the natural amenities and environmental assets of the land, and character of the community;

c.

Provide an appropriate balance between intensity of development and the ability to provide adequate supporting facilities and services; and

d.

Facilitate a more effective arrangement of buildings, land uses and utilities, and protect contiguous land uses.

Any use or combination of uses listed in the land use schedule may be permitted within a planned development (PD) district. The uses to be permitted in any specific planned development (PD) district shall be enumerated in the ordinance which creates such a district.

Each planned development (PD) district shall constitute an amendment to this chapter. Certain maximum and minimum standards will be specified for various use categories, and certain provisions such as yards, coverage, and building spacing are to be determined by the particular design.

(Ord. No. 1130, art. II, § 3.2, 11-3-1998)

(a)

Generally. Zoning overlay districts serve to modify the base underlying zoning district with special development standards which are appropriate to the particular area so designated. Where the overlay district contains standards which are more restrictive than the underlying district, the overlay district governs. Otherwise, the base underlying zoning controls development.

(b)

H historic overlay district. This overlay district denotes a special designation by the city council that the area has particular historic or cultural merit to the community. There are usually specifically tailored development standards in such overlay districts which govern building and construction.

The suffix "H" shall indicate the zoning designation of those sites, districts, areas, buildings, and lands which the city council has designated historic landmarks. The historic designation is an overlay restriction. Use classifications as to all property which may be included in an historic overlay district shall continue to be governed by the comprehensive zoning ordinance of the city and the procedures therein established.

(c)

Urban core. This overlay district denotes an area of mixed institutional, retail, offices, multi-family residential, lodging, dining, and entertainment. This area is generally more densely developed than other areas zoned B-2, general business, but are not under this overlay. This area is generally less densely developed than areas zoned B-3, central business district. This area is oriented to both pedestrian and vehicular traffic circulation.

Any lot, parcel, or tract of land adjacent and contiguous with the right-of-way of: North Street (BR59) between NE Stallings Drive (LP 224) and Main Street (SH 21), South Street (BR 59) between Main Street (SH 21) and SW Stallings Drive (US 59/LP 224) or SE Stallings Drive (LP 224), and North University Drive (FM 1275) between Main Street (SH 21) and NE Stallings Drive (LP 224) is designated as the Urban Core Overlay District. The Urban Core Overlay District is depicted on the City of Nacogdoches official zoning map.

(Ord. No. 1130, art. II, § 3.3, 11-3-1998; Ord. No. 1350-2-04, 2-3-2004; Ord. No. 1535-11-09, § 3, 11-17-2009; Ord. No. 1720-9-16, § 2, 9-20-2016; Ord. No. 1738-7-17, § 2, 8-8-2017)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Thoroughfares. Boundaries indicated as following streets, highways, or alleys shall be construed to follow the centerline of such thoroughfares.

(2)

Railroad lines. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(3)

Platted lot lines. Boundaries indicated as approximately following platted lot lines shall be construed as following lot lines.

(4)

Unsubdivided property. Boundaries located on unsubdivided property shall be determined by the scale of the official zoning map.

(5)

Line dividing platted lot. If a district boundary line divides a platted lot into two parts, the district boundary line shall be construed to be the property line nearest the district boundary line as shown.

(6)

City limit lines. Boundaries indicated as following the city limit lines shall be construed as following such city limits.

(7)

Floodplain areas. The boundaries of designated floodplain areas shall be defined by the Federal Emergency Management Agency (FEMA) maps adopted by the city in the Code of Ordinances.

(8)

Extensions of features. Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(9)

Streets or alleys on the ground. Where the streets or alleys on the ground differ from the streets or alleys as shown on the zoning district map, the streets or alleys on the ground shall control.

(10)

Board of adjustment. If none of subsections (1) through (9) of this section apply, the board of adjustment shall determine the location of the district boundary.

(Ord. No. 1130, art. II, § 4, 11-3-1998)

Except as specifically provided:

(1)

No land shall be used except for a purpose permitted in the district in which it is located.

(2)

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located.

(3)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit established for the district in which such building is located.

(4)

No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located.

(5)

No building shall be erected or structurally altered to the extent specifically provided in this chapter except in conformity with the off-street parking and loading regulation in which such building is located.

(6)

The minimum yards, parking spaces and open spaces, including lot area per dwelling unit, required by this chapter for each and every building existing on the effective date of the ordinance from which this chapter derives or for any building erected after such effective date shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this chapter for the district in which such lot is located.

(7)

Every building erected or structurally altered after the effective date of the ordinance from which this chapter derives shall be located on a lot as defined in this chapter.

(Ord. No. 1130, art. II, § 5, 11-3-1998)

(a)

Use of land and buildings. Buildings, structures and land shall be used only in accordance with the uses permitted in the following land use schedule, subject to all other applicable requirements of this chapter. The following symbols are used in the land use schedule:

(1)

The symbol "P" shall mean that the use is permitted as a principal use in that zoning district by right.

(2)

The symbol "S" shall mean that the principal use is permitted in that zoning district only after first obtaining a specific use permit.

(3)

The symbol "A" shall mean that this use is specifically permitted as an accessory use to a principal use in the district. This does not exclude other land uses which are generally considered ancillary to the primary use.

(4)

An asterisk (*) indicates that the use has special standards or requirements listed in this section, which it must meet in order to be allowed.

(5)

A blank square shall mean that the use is not allowed in that zoning district.

(6)

Italicized words are defined in article IV of this chapter or under section 118-1 containing definitions.

(b)

Organization of land use schedule; category grouping. Uses are grouped into general categories such as "agriculture" and "residential," and then further organized into subcategories. This organization of land uses is for ease of reference only.

(Ord. No. 1130, art. III, § 1, 11-3-1998; Ord. No. 1184-12-99, 12-7-1999; Ord. No. 1185-12-99, 12-7-1999; Ord. No. 1204-5-00, 5-16-2000; Ord. No. 1329-9-03, 9-2-2003; Ord. No. 1350-2-04, 2-3-2004; Ord. No. 1431-8-06, 8-1-2006; Ord. No. 1439-10-06, 10-3-2006; Ord. No. 1516-5-09, 5-5-2009; Ord. No. 1560-10-10, 10-19-2010; Ord. No. 1626-5-13, 5-7-2013; Ord. No. 1676-7-14, 7-15-2014; Ord. No. 1721-10-16, § 2, 10-18-2016; Ord. No. 2020-11-24, § II, 11-5-2024; Ord. No. 2034-03-25, § II, 3-18-2025)