New Fairview City Zoning Code
ARTICLE 1
General Provisions
§ 1 Title.
This ordinance shall be known as and may be cited and referred to as the “Zoning Ordinance of the City of New Fairview,” which includes narrative regulations and map.
(Ordinance 2010-01-149 adopted 1/19/10)
§ 2 Purpose.
The purpose of this ordinance is to establish zoning regulations and districts in accordance with the City of New Fairview Comprehensive Land Use Plan for the purpose of promoting health, safety, morals and general welfare of the City of New Fairview. They have been designed to lessen congestion in the 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; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, of the character of each district and its peculiar suitability for the particular uses specified, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community consistent with the City of New Fairview Comprehensive Land Use Plan. Nothing herein shall be construed to grant “permanent” zoning.
(Ordinance 2010-01-149 adopted 1/19/10)
§ 3 Establishment of Districts.
The City is hereby divided into five straight zoned districts and one special district. The use, height, and development regulations as established are uniform in each district. The districts established herein shall be known as follows;
Abbreviated Designation | Straight Zoned Districts |
|---|---|
A | Agriculture District |
SF | Single-Family District |
C | Commercial District |
M | Manufacturing District |
MH | HUD-Code Manufactured Housing District |
Special Districts | |
PD | Planned Development District |
(Ordinance 2010-01-149 adopted 1/19/10)
§ 4 Zoning District Map.
4.1
BOUNDARIES.
The boundaries of the zoning districts are delineated on the zoning district map of the City, which is incorporated in and made a part of this ordinance for all purposes.
4.2
ADOPTION.
Original, official, and identical copies of the zoning district map are hereby adopted and shall be identified by the signature of the mayor, attested by the City secretary, and bearing the seal of the City under the following words: “This is to certify that this is the official zoning map of the City of New Fairview, Texas,” together with the date of adoption. The zoning district map 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. A second reproducible copy shall be filed with the City secretary and shall be the official zoning district map. This map shall be maintained by posting on the map all changes and subsequent amendments after their enactment for the use of the City Council.
B.
One copy shall be filed with the administrative official and shall be maintained by posting on the map all changes and subsequent amendments.
C.
Reproductions for information purposes may, from time to time, be made of the official zoning district map.
(Ordinance 2010-01-149 adopted 1/19/10)
§ 5 Rules for Interpretation of District Boundaries.
5.1
UNCERTAINTY OR CONFLICTS IN DISTRICT.
A.
Centerlines.
Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.
B.
Lot Lines.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C.
City Limits.
Boundaries indicated as approximately following City limits shall be construed as following City limits.
D.
Railroads.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E.
Shorelines.
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, drainage courses, creeks, canals, lakes, or other bodies of water shall be construed to follow such centerlines.
G.
Vacated Public Way.
Whenever any street, alley, or other public way is vacated by official action of the City Council, the zoning district line adjoining each side of the street, alley, or other public way shall be automatically extended to the centerline of the vacated street, alley, or way, and all area so involved shall be subject to regulations of the extended districts.
H.
Variance of Physical Features and Official Zoning Map.
Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections A through G above, the property shall be considered as classified in the “AG” Agriculture district, in the same manner as provided for newly annexed territory, and the issuance of a building permit and the determination of zoning shall be in accordance with the provisions provided in Section 6, Zoning Annexed Territory.
(Ordinance 2010-01-149 adopted 1/19/10)
§ 6 Zoning Annexed Territory.
6.1
CLASSIFICATION OF NEWLY ANNEXED TERRITORY.
All territory which hereafter is annexed to the City shall automatically be considered to be in the “A” Agricultural district. The procedure for establishing zoning on annexed territory shall conform to the procedure established by state law for the adoption of original zoning regulations.
6.2
ALTERNATIVE ZONING OF NEWLY ANNEXED TERRITORY.
The City Council or petitioners for annexation may request alternative zoning classifications in an area being considered for annexation. The City Council may hold public hearings on annexation and zoning simultaneously, and may approve the zoning of a newly annexed area at the time of annexation.
6.3
CONSTRUCTION IN NEWLY ANNEXED TERRITORY.
No person shall erect, construct, or proceed or continue with the erection or construction of any building or structure, add to any building or structure, or cause the same to be done in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy from the building official. No permit for construction of a building or use of land shall be issued by the building official other than a permit which will allow the construction of a building permitted in the “A” Agricultural district.
(Ordinance 2010-01-149 adopted 1/19/10)
§ 7 Application of District Regulations.
7.1
CONFORMANCE REQUIRED.
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
7.2
PROVISIONS OF ORDINANCE ARE MINIMUM REQUIREMENTS.
In their interpretation and application, the provisions of this ordinance shall be construed to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, morals, and general welfare. Wherever this ordinance imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of this ordinance shall govern.
(Ordinance 2010-01-149 adopted 1/19/10)
§ 8 Building Permits and Certificates of Occupancy.
8.1
BUILDING PERMIT REQUIRED.
No building or other structure shall be erected, moved, added to, or structurally altered without a building permit issued by the administrative official. No building permit shall be issued for any building or structure except in conformity with the provisions of this ordinance. No permit for the construction of a building or buildings upon any land shall be issued until a building site has been created by the land being a platted lot appearing on a plat properly approved by the City and filed in the records of the county clerk of Wise County.
A.
Application for building permit:
All applications for building permits shall be accompanied by plans in triplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration; existing or proposed uses of the building and land; housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this ordinance. One copy of the plans shall be returned to the applicant by the administrative official, that has markings on the copy either as approved or disapproved and attested to same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the administrative official.
B.
Expiration of Building Permit:
If the work described in any building permit has not begun within six calendar months from the date of issuance thereof, said permit shall expire, and work shall not proceed until a new building permit has been obtained.
8.2
CERTIFICATE OF OCCUPANCY REQUIRED.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the administrative official stating that the proposed use of the principal building or land conforms to the requirements of this ordinance.
A.
No permit for erection, alteration, moving or structural repair of any building shall be issued until an application has been made for a certificate of occupancy, and the certificate shall be issued in conformity with the provisions of this ordinance upon completion of the work.
B.
A temporary certificate of occupancy may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that said temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
C.
The administrative official shall maintain a public record of all certificates of occupancy.
8.3
CONFORMANCE REQUIRED.
Building permits or certificates of occupancy issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed violation of this ordinance, and punishable as provided by Section 40, Violations and Penalties hereof.
(Ordinance 2010-01-149 adopted 1/19/10)
§ 9 Platting of Property not Properly Zoned.
The City Council shall not approve any plat until the area covered by the proposed plat is or shall be zoned to the proper zoning classification by the City Council.
(Ordinance 2010-01-149 adopted 1/19/10)
§ 10 Pre-existing Uses, Lots, and Structures.
10.1
PRE-EXISTING USES.
Uses, that are in existence prior to the effective date of this ordinance, shall be deemed to be legal nonconforming uses in accordance with Section 33, Nonconforming Uses, Lots, and Structures.
10.2
PRE-EXISTING LOTS.
Lots and parcels of land, that are in existence prior to the effective date of this ordinance and do not meet the requirements provided herein, shall be deemed to be legal nonconforming lots and shall be exempt from the area requirements of the zoning districts. Lots or parcels having existing structures thereon prior to the effective date of this ordinance shall be exempt from the front, rear, and side yard setback requirements for all structures located thereon at that date. However, new construction for structures located thereon after the effective date of this ordinance shall be required to meet the setback requirements of the respective district applicable to that lot.
10.3
PRE-EXISTING STRUCTURES.
Structures, that are in existence prior to the effective date of this ordinance and do not meet the requirements provided herein, shall be deemed to be legal nonconforming structures and shall be exempt from the area and height requirements of the zoning districts. Said structures shall be permitted to be expanded, repaired, and remodeled without meeting the area requirements for structures. However, said structures are not exempted from the height regulations for new construction after the effective date of this ordinance that exceeds the regulations provided in the respective district applicable to the property on which that structure is located.
(Ordinance 2010-01-149 adopted 1/19/10)