This chapter shall be known and may be cited and referred to as the "Unified Development Code" (UDC) to the same effect.

The zoning regulations and districts as established in this chapter have been made in accordance with the Future Land Use Plan and for the purpose of promoting health, safety, and general welfare of the city. 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, for the character of the district, and its peculiar suitability for the particular uses; and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by agreements, the provisions of this chapter shall govern.

By the passage of this chapter, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. 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 chapter that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the zoning ordinance was repealed and the present zoning ordinance adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties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may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed.

If any section, paragraph, subdivision, clause, phrase or provision of this chapter shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional.

That if any section, part, or provision of this chapter is declared unconstitutional or invalid, then in that event, it is expressly provided, and it is the intention of the City Council in passing this chapter that all other parts of this chapter shall not be affected thereby and shall remain in full force and effect.

All ordinances or parts of ordinances in conflict with any provision of this chapter are hereby repealed insofar as the same are in conflict with the provisions of this chapter.

The fact that the present zoning regulations are inadequate to properly safeguard the general public welfare, health, peace and safety, creates urgency and an emergency, and requires that this chapter become effective immediately upon its passage and it is accordingly so ordained.

Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of this chapter and which entire building shall be completed within one year from the passage of this chapter. Nothing contained in this chapter shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and which entire building shall be completed within one year from the date of the passage of this chapter. If any amendment to this chapter is adopted changing the boundaries of districts, the provisions of this chapter with regard to buildings or premises existing or buildings under construction or building permits issued at the time of the passage of this chapter, shall apply to building permits issued in the area affected by such amendment at the time of the passage of this amendment.

1. No building erected or structurally altered after July 1, 2010 shall be used, occupied or changed in use until a certificate of occupancy and compliance shall have been issued by the Building Official stating that the building or proposed use of a building or premises complies with the building laws and the provisions of this chapter.
2. Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued after the erection or alteration of such building or land provided such construction has been made in complete conformity to this chapter.
3. No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy and compliance.

All applications for building permits for new construction shall be accompanied by an approved plat or site plan, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the use of the property, and such other information as may be necessary to provide for the enforcement of this chapter. A careful record of such applications and plats shall be kept in the office of the Building Official. No building permit for the construction of a building upon any tract or parcel within the city may be issued by the Building Official unless the parcel or tract is part of a plat of record, unless exempt by § 153.130, properly approved by the Planning and Zoning Commission, and filed in the Plat Records of Cherokee County, Texas.

Any person or corporation who or which shall violate any of the provisions of this section, or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building or use in violation of any application for building permit with accompanying plat or site plan submitted and approved pursuant to this chapter, shall be guilty of a misdemeanor and shall be liable to a fine defined in the City of Rusk Code Of Ordinances § 10.99, General Penalty for violation of code and each day such violation shall be permitted to exist shall constitute a separate offense. The owner of any building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith, who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as provided in this section.

This code applies to all lands and waters within the corporate limits of the City of Rusk. Where specifically stated, provisions of this chapter shall also apply to the City of Rusk Extra Territorial Jurisdiction (ETJ) as defined by Texas Local Government Code. All structures and land uses constructed or commenced and all enlargements of, additions to, changes in and relocations of existing structures and uses are subject to the requirements of this code.

The provisions of this chapter shall be administered and enforced by the Building official of the City of Rusk.

The zoning district map is readopted as the official zoning district map of the city, this day of April 22, 2010 and filed in the office of the City Secretary. The map herein referred to is identified by the title "Zoning Map of the City of Rusk, Texas". Hereafter, the City Secretary will cause the map to be updated immediately following adopted changes by the City Council. The electronic map may periodically be reproduced on paper with the date of the reproduction printed thereon. If any discrepancy exists between a reproduced (paper) version and the electronic map, the electronic version shall always prevail as current.

No land shall be used for and no building shall be erected for or converted to any use other than a use specifically permitted in the regulations presented for the district in which it is located, except as provided in this chapter.

Where uncertainty exists with respect to the boundaries of the various districts, as shown on the map accompanying and made a part of this chapter, the following rules apply:

1. The district boundaries are street, alley and property lines unless otherwise shown, and where the districts designated on the map accompanying and made a part of this chapter are bounded approximately by street, alley or property lines, the street, alley or property lines shall be construed to be the boundary of the district.
2. Where the district boundaries are otherwise indicated, and where the property has been or may be divided into blocks and lots, the district boundaries shall be construed to be property lines, and where the districts designated on the map accompanying and made a part of this chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.
3. In unsubdivided property, the district boundary lines on the map accompanying and made a part of this chapter shall be determined by use of the scale appearing on the map.
4. In case of a district boundary line dividing a platted lot into two parts, the district boundary line shall be construed to be the property line nearest the less restricted district.
5. 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 areas included in the vacation shall then and henceforth be subject to all regulations of the extended districts.

Editor's note(s)—The map referred to in § 153.15 is not printed in the Code but is on file at city hall.

All territory annexed to the city after the effective date of this chapter shall be temporarily classified as AG Agricultural District until permanently zoned by the City Council. The Planning and Zoning Commission shall, as soon as practicable and after annexation of any of the territory to the city, institute proceedings on its own motion to give the newly annexed territory a permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.

In an area annexed and temporarily classified as AG Agricultural District only, no permit for the construction of a building other than a single-family dwelling or accessory building shall be issued by the Building Official until such permit has been specifically authorized by the City Council under the following conditions: An application for any use shall be made to the Building Official. The application shall show the use contemplated, a plat showing the size of the lot or tract of land being used, and the location of and the size and type of buildings to be constructed. If such application is for other than a single-family dwelling or accessory building related thereto, it shall be referred by the Building Official to the Planning and Zoning Commission and its recommendation to the City Council after giving due consideration to the type of permanent zoning to be applied to the area in which the application is located. Whenever such a recommendation is filed with the City Council, it shall be advisory only, and the City Council may grant or deny it as the facts justify.

1. The Planning and Zoning Commission shall not approve any plat of any subdivision within the city limits until the area covered by the proposed plat shall have been permanently zoned by the City Council.
2. The Planning and Zoning Commission shall not approve any plat of any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the city is pending before the City Council.
3. If the Planning and Zoning Commission holds a hearing on a proposed annexation, it may, at its discretion, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters to the City Council so that the City Council can, if it desires, act on the matter of permanent zoning and annexation at the same time.