The zoning map and zoning regulations are established and adopted in accordance with the comprehensive master plan for the purpose of promoting the health, safety and general welfare of the city. The regulations of this zoning ordinance have been designed to lessen the congestion in streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, promote the character of areas of the city, limit the uses in areas of the city that are particularly suitable for particular uses, conserve the value of buildings, and encourage the most appropriate use of land throughout the city.

1.

General. All provisions, terms, phrases and expressions contained in these regulations shall be liberally construed in order that the true intent and meaning of the city council may be fully implemented.

2.

Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. In the computation of time the standard calendar shall be used. The following time-related words shall have the meanings ascribed below.

a.

Day means a calendar day, unless working day is specified.

b.

Week means seven calendar days.

c.

Month means a calendar month.

d.

Year means a calendar year, unless a fiscal year is indicated.

3.

Conjunctions. Unless the context clearly indicates to 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 of the 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.

4.

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

5.

Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but 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.

6.

Number. A word indicating the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing, unless the context clearly indicates the contrary.

7.

Public officials, bodies and agencies. All public officials, bodies and agencies to which reference is made are those of the City of Nederland, unless otherwise indicated.

8.

Shall and may. The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

9.

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.

10.

Text. In case of any difference of meaning or implication between the text of these regulations and any illustration or figure, the text shall control.

1.

These regulations are intended to implement the city's official comprehensive master plan, as such may be amended from time to time. A copy of the plan shall be kept in the office of the city secretary, and it shall be available for public inspection during regular business hours.

2.

Applications for rezoning shall be consistent with the land use categories designated for the property on the future land use map of the comprehensive master plan.

Certain terms and definitions used in these regulations are set out in Attachment-1 (Section 30) of this Appendix. Terms not defined herein shall be given their ordinary meaning, unless the context requires otherwise.

These regulations shall govern any and all buildings, structures, and land located within the corporate limits of the city and any annexations of land or additions made to the city subsequent to the adoption of these regulations as such buildings, structures, and land may be occupied, used, erected, altered, removed, demolished or converted. Such buildings and land shall be used, removed, placed and erected in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located and state law.

1.

Zoning districts established. The city has established the following zoning districts:

"R-1" single-family residential district.

"R-2" duplex residential district.

"R-3" medium density multi-family residential district.

"R-4" manufactured home district.

"C-1" office commercial district.

"C-2" neighborhood retail commercial district.

"C-3" highway retail commercial district.

"I-1" light industrial district.

"I-2" medium industrial district.

"I-3" heavy industrial district.

2.

Zoning map adopted. The Official Zoning Map of the City of Nederland, which is made a part hereof for all purposes, is hereby adopted and shall be filed with the City Secretary of the City of Nederland. The boundaries of the various districts are hereby established as identified on said map. All notations, references, legends, scales, and every detail shown on said map are incorporated into and made a part of these regulations. In interpreting the official zoning map, the following rules shall apply:

a.

The district boundaries are the centerlines of either streets or alleys unless otherwise shown, and where the district designated on the zoning map is bounded approximately by a street or alley, the centerline of a street or alley shall be construed to the boundary of the district.

b.

Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines; where the district designated on the zoning map is bound approximately by lot lines, the lot lines shall be the boundary of the district.

c.

In unsubdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.

d.

Any property on the zoning map that does not have a zoning district designation shall be classified as R-1, single-family residential district except as provided in section 7 of these regulations.

3.

Zoning district boundary uncertainty. Where uncertainty exists with respect to the boundaries of any zoning district the following rules shall apply:

a.

Boundaries indicated as approximately the center-line of streets, highways, or alleys shall be construed to follow such center-lines.

b.

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

c.

Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.

d.

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

e.

Boundaries indicated as approximately following city limits shall be construed as following city limits.

f.

Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

g.

Boundaries indicated as following the centerline of all creeks, streams or drainage ways shall be construed to follow such center-line.

h.

Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

i.

Where uncertainty cannot be otherwise resolved with respect to the boundaries of the various districts, the conflict shall be resolved by utilizing the power of the planning and zoning commission as set forth these regulations.

4.

Compliance required.

a.

Except as hereinafter otherwise provided, no land or building shall be used, and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged or repaired, for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building, structure, or improvement is located, and in accordance with provisions of this chapter.

b.

Every building hereafter erected or structurally altered shall be on a lot as herein defined, and in no case shall there be more than one principal building on one lot except as otherwise provided in this chapter.

5.

Schedules and illustrations. Definitions, schedules and illustrations, together with all notations, references, and other information, and all amendments thereto, are as much a part of these regulations as any specific requirement or regulation fully set forth and described herein.

6.

New and unlisted uses. New types of land use will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

a.

The question of any new or unlisted use shall be submitted to the planning and zoning commission, requesting an interpretation as to the zoning classification into which such use should be placed. The commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts where such use should be permitted.

b.

The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council may approve, modify, or deny the recommendation of the planning and zoning commission.

1.

Temporary designation, proceeding to give permanent designation. All territory hereafter annexed to the city shall be temporarily classified as "R-1" single-family residential district until permanently zoned by the city council. The planning and zoning commission shall, contemporaneously with or as soon as practicable after annexation of any territory to the city, institute proceedings on its own motion to give the newly annexed territory a permanent zoning classification, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations. Land uses in effect at the time of annexation shall be governed in accordance with state law.

2.

Building permits. In an annexed area temporarily classified as R-1, single family residential district, no permit for the construction of a building other than those permitted in an R-1, single family residential district, shall be issued by the building official unless such permit has been specifically authorized by the city council. Permits for the construction of buildings in newly annexed areas prior to permanent zoning may be authorized by the city council under the following conditions:

a.

An application for any use shall be made to the building official in accordance with the provisions of the building code, and if such application is for a building other than one permitted in an R-1, single family residential district, it shall be referred by the building official to the planning and zoning commission for consideration; and

b.

A recommendation is filed with the city council, it shall be advisory only, and the city council may grant or deny the application as the facts may justify.

3.

Platting property.

a.

The planning and zoning commission shall not review any plat of any subdivision within the city limits of the city until the area comprised by the proposed plat shall have been permanently zoned by the city council.

b.

The planning and zoning commission shall not review any plat of any subdivision where a petition for annexation is pending before the city council.

1.

In general. Any use of property existing at the time of the passage of these regulations, which does not conform to the regulations herein before enumerated, shall be deemed a nonconforming use and may be continued and maintained for the purpose heretofore used, but such property shall not be structurally altered, enlarged, constructed, reconstructed or moved and such nonconforming use shall not be changed to any other nonconforming use.

2.

Nonconforming status. Any use, platted lot or structure which does not conform to the regulations of the zoning district in which it is located shall be deemed a nonconforming use or structure when:

a.

The use, platted lot or structure was in existence and lawfully operating prior to the adoption of these regulations and which has since been in regular and continuous use;

b.

The use, platted lot or structure was in existence and lawfully constructed, located, maintained in good repair, and operating at the time of any amendment to these regulations, but by such amendment is placed in a district wherein such use, platted lot or structure is not otherwise permitted and has since been in regular and continuous use; or

c.

The use, platted lot or structure was in existence at the time of annexation into the city and has since been in regular and continuous use.

3.

Continuing lawful use of property.

a.

The lawful use of land or lawful existence of structures at the time of passage of these regulations, although such do not conform to the provisions hereof, may be continued; but if said nonconforming use or structure is discontinued or abandoned, any future use of the premises shall be in conformity with the provisions of these regulations.

b.

Discontinuance of a nonconforming use shall commence on the actual act or date of discontinuance. Abandonment of a nonconforming structure shall commence on the act or date of abandonment.

c.

When a nonconforming use or structure does not meet the standards of these regulations, is discontinued or abandoned for a period of six months, such use shall not be resumed, and proof of such event shall be established from the date of termination of utility service or when the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and such has not been replaced within six months shall constitute prima facie evidence of an act of abandonment.

d.

The right to continue and maintain any lawful nonconforming structure or structures occupied by a nonconforming use shall terminate and shall cease to exist whenever any portion or subportion thereof becomes dilapidated or substandard under the codes and ordinances of the city, and the cost of placing such structure in lawful compliance with the applicable codes and ordinances exceeds 50 percent of the replacement cost of the structure as determined by a licensed appraiser, on the date that the building official determines that such structure or any portion or subportion is dilapidated or substandard. The burden of proof in showing that the structure's repair cost does not exceed 50 percent of the replacement cost of such structure rest upon the owner of the structure.

e.

Any such nonconforming use of land or structure, or any portion or subpart thereof which is moved from the premises or moved in whole or in part to any other portion of the lot other than that occupied by such on the date this ordinance becomes effective shall be considered to have been abandoned and the lawful nonconforming use status shall be eliminated.

f.

No nonconforming use may be abandoned, reoccupied with another nonconforming use or increased as of the effective date of these regulations.

g.

Single-family dwellings constructed on platted lots that may now be nonconforming due to stricter standards shall be deemed in conformance with these regulations, as long as the use of the lot is allowed in the respective district. Only the lot size, lot depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of these regulations shall be met or the lot shall be considered nonconforming.

h.

Any existing vacant lot platted prior to the adoption of these regulations that was legally conforming shall be deemed a conforming lot.

i.

Uses, which prior to the effective date of these regulations, do not provide the required number of off-street parking spaces shall not be considered as nonconforming structures.

4.

Changing nonconforming uses.

a.

Any nonconforming use may be changed to a conforming use, and once such a change is made, the use shall not be changed back to a nonconforming use.

b.

Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use as provided in subsection 5. below.

c.

A nonconforming use may not be changed to another nonconforming use.

5.

Expansion of a nonconforming use or structure. An expansion of a nonconforming use or structure is allowed in accordance with the following:

a.

A nonconforming use located within a building may be extended throughout the existing building if:

i.

No structural alterations may be made except those required to preserve the structure; or

ii.

The number of dwelling units or rooms in a nonconforming residential structure shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became nonconforming.

b.

No nonconforming use within a building may be extended to occupy any land outside the building.

c.

No nonconforming use of land or building shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street parking or loading.

d.

The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required which was an official "lot of record" prior to the adoption of these regulations may be used for a single-family dwelling.

6.

Restoration of nonconforming structure. If a structure or any portion or sub-part thereof occupied by a nonconforming use is destroyed by fire or natural causes, it may only be rebuilt to conform to the provisions of these regulations. In the case of partial destruction of a nonconforming use not exceeding 50 percent of its replacement cost of such structure or any portion or sub-part thereof, reconstruction will be permitted, but the size or function of the nonconforming use cannot be expanded. For purposes of this section, the reconstruction cost of the structure and the percentage of destruction shall be determined by a licensed appraiser and the burden of such proof rest with the owner of the structure.

7.

Completion of structures. Nothing herein shall require any change in the plans, construction, or designated use of a building or structure for which a building permit has been issued or a site plan approved prior to the effective date of these regulations, nor shall any building or structure for which a substantially complete application for a building permit was accepted by the chief building official on or before the effective date of these regulations, provided that the building permit shall comply with all applicable regulations on the date that the application was filed and the building permit is issued within 30 days of the effective date of these regulations.

The city council by their own initiative, or on the basis of recommendations or requests, may from time to time amend, supplement or change the boundaries of the districts or the regulations herein established.

1.

Application. Each application for zoning or for an amendment or change to the existing provisions of these regulations shall be made in writing on an application form available from the city and shall be accompanied by payment of the fees in effect at the time of application.

2.

Submission to planning and zoning commission. Before taking any action on any proposed amendment, supplement, or change, the city council shall submit the proposed revision to the commission for its review and recommendation. Such submission should include a property legal description and land use plan. If the submission is a planned development, then all deviations from the standards established in these regulations shall be identified; otherwise, the standards of these regulations shall govern.

3.

Failure to appear. Failure of the applicant to appear before the planning and zoning commission or city council for any hearing without an approved delay by the city manager or his/her designee shall constitute sufficient grounds for the planning and zoning commission to table or deny the application.

4.

Applications recommended for approval by the planning and zoning commission. Every application or proposal that is recommended for approval by the planning and zoning commission shall be automatically forwarded to the city council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance and publication required by law.

5.

Applications recommended for denial by the planning and zoning commission. When the planning and zoning commission makes a recommendation that a proposal be denied, the request in its original form will not automatically be placed on the city council agenda unless requested by the applicant, in writing, within ten days of the action.

6.

Resubmission of application. A request that has been denied by the city council may not be resubmitted for a period of one year, unless a showing of changed circumstances is established to the planning and zoning commission.

7.

Council consideration. At least one public hearing shall be held by the city council before adopting any amendment, supplement, or change to the zoning regulations or zoning map.

8.

Joint public hearings. The city council and the planning and zoning commission may hold joint public hearings on zoning applications.

9.

Public hearing and notice. Written notice of all public hearings on proposed changes shall be sent to all owners of property within 200 feet of the property on which the change of zoning classification is proposed, not less than ten days before the date of the hearing. Such notice may be served by using the last known address as shown on the last approved city tax roll, and depositing the notice, properly addressed and postage paid in the U.S. Mail. Notice of hearings on proposed changes in the text of zoning regulations affecting the city in general shall be accomplished by one publication in a newspaper of general circulation in the city not less than 15 days prior to the date of the hearing. Changes in the text of the zoning regulations that do not affect zoning district boundaries do not require written notification to individual property owners. Notice of such hearing shall be given by publication in a newspaper of general circulation in the city, stating the time and place of such hearing, which shall be at least 15 days prior to the date of the hearing.

10.

Three-fourths vote.

a.

A favorable vote of three-fourths of all of the members of the entire city council shall be required to approve any change in zoning when written objections are received and filed with the city clerk in accordance with V.T.C.A. Local Government Code, § 211.006. The protest must be written and signed by the owners of at least 20 percent of either: (1) the area of the lots or land covered by the proposed change; or (2) the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. In computing the percentage of land area, the area of streets and alleys shall be included in the computation.

b.

A favorable vote of three-fourths of all members of the entire city council shall be required to approve any zoning change request that is recommended for denial by the planning and zoning commission.

No person, firm, or corporation shall intentionally, knowingly, or recklessly construct or cause to be constructed any structure, including but not limited to, residential dwellings, apartments, swimming pools, decks, concrete slabs, building accessories or other fixtures within, into, or upon a public right-of-way, alleyway or easement established within the City of Nederland without first obtaining a special exception and license to encroach from the zoning board of appeals. If the zoning board of appeals grants a special exception to a property owner of an encroachment within, into, or upon a public easement or right-of-way the property owner(s) shall request from the city council a written license to encroach, and the special exception shall not be effective until the license to encroach is executed and all fees paid to the City of Nederland.