In order to classify, regulate and restrict the use of land, water, buildings and structures; to regulate and restrict the height and density of buildings; to regulate the area of yards and other open space about buildings; to regulate the intensity of land use; to promote the additional growth of the City of Nassau Bay, Texas, the area within the legally defined city boundaries is divided into thirteen (13) zoning districts:

(Ord. No. 83-300, 5-9-83; Ord. No. 86-341, § A(1), 9-8-86; Ord. No. 94-435, 9-12-94; Ord. No. 95-449, 6-12-95; Ord. No. O2013-712, Exh. B, 8-12-13)

The district boundary lines shown on the zoning map are usually along streets, alleys, property lines or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning maps, the following rules shall apply:

4-201. Boundaries indicated as approximately following streets, highways or alleys shall be construed to follow the center line of such public way.

4-202. Boundaries indicated as approximately following platted lot lines shall be construed as following such lines.

4-203. Boundaries indicated as approximately following city limits shall be construed as following city limits.

4-204. Boundaries indicated as approximately following the center lines of streams, drainage ways or other bodies of water shall be construed to follow such center lines.

4-205. Boundaries indicated as parallel to or extensions of features indicated in 4-200 through 4-204 above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined from the graphic scale on the map.

4-206. Wherever any street, alley or other public way is vacated by official action of the city council, or whenever any street or alley area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the center line of such vacated street, alley or public way, and all area so involved shall then and hence forth be subject to all regulations of the extended districts.

4-207. Where physical features of the ground are at variance with information shown on the official zoning map, or when a question arises concerning how or whether a parcel of property is zoned, and such question cannot be resolved by the application of subsections 4-200, through 4-206, or the zoning of property is invalidated by a final judgment of a court of competent jurisdiction, the property shall be considered as classified R-1, Residential Single-Family Detached District.

4-208. All land territory hereafter annexed to the City of Nassau Bay shall be temporarily classified R-1, Residential Single-Family Detached District, until permanent zoning is established by the city council on the annexed land territory. All water territory hereafter annexed to the City of Nassau Bay shall be temporarily classified M-R, Residential Marine District, until permanent zoning is established by the city council on the annexed water territory.

4-209. In an area determined to be temporarily classified as R-1, Residential Single-Family Detached District, no person shall construct any building or add to or alter any building or structure or cause the same to be done nor shall any use be located therein or on the land which is not permitted in an R-1, Residential Single-Family Detached District, unless and until such territory has been classified in a zoning district other than the R-1, Residential Single-Family Detached District, by the city council.

4-210. In a water area determined to be temporarily classified as M-R, Residential Marine District, no person shall construct any building or structure or add to or alter any building or structure or cause the same to be done nor shall any use be located thereon which is not permitted in a M-R, Residential Marine District, by the city council.

4-211. In the water districts, boundaries will nominally be established by: (1) extensions of the land property lines abutting the water districts into the water areas and (2) the boundaries of the annexed water areas of the City of Nassau Bay (city limits). Where extensions of property lines intersect prior to intersection with city limits, the city shall reserve the right to define the boundaries of these unusually shaped water districts.

(Ord. No. 94-435, 9-12-94)

The boundaries of the zoning districts set out herein are delineated upon the zoning map of the City of Nassau Bay, Texas, said map being hereby adopted as a part of this ordinance as fully as if the same were set forth herein in detail.

4-301. Three (3) original, official and identical copies of the zoning map are hereby adopted bearing the signature of the mayor and attestation of the city secretary and shall be filed and maintained as follows:

(a)

One copy shall be filed with the city secretary and retained as the original record and shall not be changed in any manner.

(b)

One copy shall be filed with the building official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation in issuing building permits and certificates of occupancy and for enforcing subsequent amendments.

(c)

One copy shall be maintained in the records of the planning commission for reference purposes and shall be maintained up-to-date by posting thereon all changes and subsequent amendments.

No changes or amendments to the official zoning map shall be made except in compliance and conformity with all procedures set forth in this ordinance. The official zoning map shall be maintained up-to-date by posting thereon all official changes and amendments.

In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the planning commission may adopt a new official zoning map which shall supersede the prior official zoning map.

The new official zoning map may correct drafting and clerical errors or omissions in the prior official zoning map, but no such corrections shall have the effect of amending the original zoning ordinance or subsequent amendment thereto without a duly noticed public hearing.

4-601. Unless the prior official zoning map has been lost or destroyed, the prior map or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption and amendment.