These city regulations shall be known as, and may be referred to as, the zoning ordinance.

These regulations are adopted pursuant to the authority granted by the U.S. Constitution, the Texas Constitution, and the laws of the State of Texas, including V.T.C.A., Local Government Code ch. 211.

The effective date of this zoning ordinance, adopted as Ordinance Number 7080, shall be January 1, 2023.

A.

Applications submitted before the effective date.

1.

Complete applications as provided for in this zoning ordinance that are pending approval before the effective date specified in section 1.03. Effective date must be reviewed wholly under the terms of the zoning ordinance immediately preceding the effective date of this zoning ordinance.

2.

Building permits related to such approvals may be issued in accordance with the approved application.

B.

Permit issued before the effective date.

1.

Any building, structure or other activity for which a building permit was issued before the effective date specified in section 1.03, effective date, may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, structure or activity does not fully comply with provisions of this zoning ordinance.

2.

If the permitted construction or activity is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, structure or other activity is subject to compliance with this zoning ordinance.

A.

City council adopts this zoning ordinance to promote the public health, safety, morals and general welfare of the city and to protect and preserve places and areas of historical, cultural and architectural importance and significance within the city. The regulations and districts are established in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city. They have been designed to:

1.

Lessen the congestion in the streets;

2.

Secure safety from fire, panic and other dangers;

3.

Provide adequate light and air;

4.

Prevent overcrowding of land;

5.

Avoid undue concentration of population; and

6.

Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

B.

The regulations and district boundaries are adopted with reasonable consideration, among others, for the character of the district and its peculiar suitability for the particular uses specified and with a view to conserving the value of buildings and encouraging the most appropriate use of land through the city consistent with the comprehensive plan.

A.

Map. The boundaries of the zoning districts are delineated upon the zoning district map of the city. The zoning district map is a part of this ordinance.

B.

Original and official map. The original zoning district map is hereby adopted bearing the date of adoption of this ordinance and the signature of the mayor and the attestation of the city secretary and shall be filed and maintained as follows:

1.

The original and official zoning district map shall be filed with the director of planning and shall be maintained up to date by posting all changes and amendments.

2.

Reproductions or electronic versions for information purposes may, from time to time, be made of the official zoning district map.

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

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 to follow such lot lines.

C.

City limit lines. Boundaries indicated as approximately following city limits shall be construed to follow such city limits.

D.

Railroads. Boundaries indicated as following railroad lines shall be construed to be the centerline of the right-of-way or if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.

E.

Shorelines and waterbodies.

1.

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. Zoning applicable to properties adjacent to a waterbody shall also apply to structures or improvements connected to the shoreline such docks, piers, etc.

2.

Boundaries indicated as approximately following the centerlines of streams, rivers, lakes, or other bodies of water should be construed to follow such centerlines.

F.

Parallel or extension lines. Boundaries indicated as parallel to or extensions of centerlines, lot lines, or city limits as indicated in subsections A through E above shall be so construed. Distances not specifically indicated on the original zoning district map shall be determined by the scale of the map.

G.

Street vacations. Whenever any street, alley, or other public way is vacated by official action of the city council, or whenever such area is franchised for building purposes, the city council shall take action to assign zoning to the vacated area.

H.

Interpretation of zoning district boundaries. Where physical features existing on the ground are in conflict with those shown on the zoning district map, or in other circumstances not covered by subsections A through E above, the director of planning shall interpret the district boundaries and require its inclusion on the zoning district map.

All land, buildings, structures or appurtenances thereon located within the city, which are hereafter occupied, used, erected, altered, or converted shall be used, placed and erected in conformance with this zoning ordinance.

No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract or building lot has been created by compliance with one of the following conditions:

A.

The lot or tract is part of a plat of record, properly approved by the planning and zoning commission and filed in the plat records of the county.

B.

The site, plot or tract is all or part of a site plan officially approved by the planning and zoning commission, which site plan provides all utility and drainage easements, alleys, streets and other public improvements necessary to meet the normal requirements for platting including the designation of building areas and such easements, alleys and streets have been required and properly dedicated and the necessary public improvements provided.

C.

The plot, tract or lot faces upon a dedicated street and was separately owned prior to the effective date of this ordinance or prior to annexation to the city, whichever is applicable, in which event a building permit for only one primary building conforming to all the requirements of this ordinance may be issued on each such original separately owned parcel without complying with either subsections A or B above.

Each application or request, by a person or corporation having a proprietary interest in any property, for actions administered through this zoning ordinance, shall be accompanied by a fee as determined by the fee schedule to cover publication and associated costs; provided, however, that if the applicant withdraws the application or request prior to publication of notice of a public hearing by the city council, the fee shall be refunded.

A.

Fine for violations. Any person, firm or corporation who violates any provision of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine, as provided in section 1-13 of this Code, and each day which violation is permitted to exist shall constitute a separate and distinct offense.

B.

Penalties cumulative. The penalty provided in this ordinance shall be cumulative of other remedies provided by state law, including the power of injunction as provided in V.T.C.A., Local Government Code ch. 54, subch. B and V.T.C.A., Local Government Code § 211.012, as amended.

By the passage of this ordinance, no presently illegal use shall be legalized unless it is now a specifically permitted use in the district in which it is located. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the existing zoning ordinance was hereby amended, shall be discharged or affected by such amendment; but the prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance has not been amended.

In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of the zoning ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this zoning ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional.