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Port Neches City Zoning Code

ARTICLE 126

1.- TITLE, PURPOSE AND APPLICATION

Sec. 126.1.1. - Title.

This chapter, in accordance with the authority granted by the state in V.T.C.A., Local Government Code § 211.001 et seq., shall be known as the "City of Port Neches Zoning Ordinance or the Port Neches Zoning Ordinance."

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.1.2. - Purpose.

This chapter has been adopted to protect the public health, safety, morals, and the general welfare of the citizens of the City of Port Neches (city). The regulations are necessary to encourage the most appropriate use of land; to reduce fire hazards and to improve public safety; to decrease traffic congestion and its accompanying hazards; to prevent the undue concentration of population; to lay a proper foundation for the reasonable termination of land use activities which are not in conformance with the city's long-range land use plans; to create a comprehensive and stable pattern of land uses; to maintain and stabilize property values; to develop an efficient and effective basis upon which to provide services for water supply, sanitary and storm sewer systems, pedestrian and automobile circulation, schools, parks, and other public facilities; and to provide for effective redevelopment of existing uses.

Within the zones or districts, the city may restrict and regulate the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas, and regulate and determine the area of open spaces surrounding such uses; establish building lines and locations of buildings designed for specified industrial, business, residential and other uses within such areas, set standards to which buildings or structures shall conform; prohibit uses, set performance standards or prohibit buildings or structures incompatible with the characteristics of such districts; prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder; and provide for the gradual elimination of nonconforming uses of land, buildings and structure.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.1.3. - Application.

This chapter classifies and regulates the use of land and structures within the city limit, as hereinafter set forth. Except as hereinafter provided, no land may be used and no structure may be erected, constructed, moved, altered, enlarged, or rebuilt unless it shall be used and maintained in accordance with the requirements established for the district in which the structure is to be located, and in accordance with the provisions of this chapter as they pertain to districts.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.1.4. - Relationship to the city comprehensive plan.

The regulations contained herein have been developed in accordance with a comprehensive land use planning program for the orderly growth and development of the city, both within the current city limit, and in the legal extraterritorial jurisdiction of the city. While it is recognized that this chapter is not valid outside the city limit, it is appropriate to make future planning decisions based on proposed land uses outside the city limit but within the legal extraterritorial jurisdiction of the city. This chapter has been designed to incorporate and implement the goals, objectives, and policies found in the document titled Community Development Strategy for Port Neches (dated November 2001), including the community development concept contained therein, which is officially adopted as the long range plan for the city.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.1.5. - Effective date and application.

This chapter takes effect upon adoption by the city council. Upon that date (November 1, 2007) and thereafter, the provisions of this chapter supersede all other development regulations governing the development of land within the city. All completed applications for development and permit applications filed with the appropriate regulatory agency on or after the effective date of this chapter, whether for new developments or for additions of expansions of existing developments, shall be processed in accordance with the standards and requirements and pursuant to the procedures herein established, except insofar as such applications or approved building permits are governed by the development regulations adopted prior to the effective date of this chapter.

(Ord. No. 2015-03, § II, 3-12-2015)

Sec. 126.1.6. - Validity and savings clause.

All sections, paragraphs, sentences, clauses, and phrases of this chapter are severable, and if any such section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid in any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not cause any remaining section, paragraph, sentence, clause, or phrase of this chapter to fail or become inoperative.

(Ord. No. 2015-03, § II, 3-12-2015)