Smithville City Zoning Code
PART 1
PROVISIONS
§ 1.1 Title.
The official title of this document is “Zoning Ordinance of the City of Smithville, Texas,” although it may be referred throughout this document as the “Zoning Ordinance” or the “Ordinance” or the “Chapter.”
(Ordinance 2018-555 adopted 10/16/18)
§ 1.2 Effective Date.
This Ordinance shall become effective immediately upon its passage and publication, as the law in such cases provides, and it is accordingly so ordained.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.3 Previous Zoning Ordinance Repealed.
The text of the Zoning Code of the City of Smithville is hereby amended and reenacted in its entirety, replacing all prior provisions with the provisions herein.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.4 Purpose and Intent.
It is hereby declared to be the purpose and intent of the City Council in enacting this Ordinance that the zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the city. They have been designed to lessen the 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 specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with a comprehensive plan.
In interpreting and applying the provisions of this Ordinance, said provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, except that if this Ordinance imposes a greater restriction, this Ordinance shall control.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.5 Authority.
The provisions of this chapter are adopted in the exercise of the power granted municipalities by these statutes and pursuant to the provisions of Chapter 211, Texas Local Government Code.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.6 Applicability.
This chapter shall apply within the corporate limits of the City to all private lands and uses thereon, over which the city has jurisdiction under the constitution and laws of the State of Texas and of the United States. This chapter shall further apply to any and all legal annexations of land or additions made to the City subsequent to the adoption of this chapter.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.7 Consistency with the Comprehensive Plan.
Pursuant to Texas Local Government Code §211.004, this chapter is intended to implement the goals, objectives and policies of the comprehensive plan and is hereby deemed to be consistent and in accordance with the comprehensive plan. Any amendments to this chapter, including any rezoning approved pursuant to this chapter, shall be consistent with the comprehensive plan in effect at the time of such request for amendment.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.8 Rules of Construction and Interpretation.
For the purpose of these regulations certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word “shall” is mandatory and not directory.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.9 Errors and Omissions.
If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.10 Compliance Required.
All land, buildings, structures, or appurtenances thereon located within the city which are occupied, used, erected, altered, or converted shall be used, placed and erected in conformance with the zoning regulations prescribed for the district in which such land, buildings, structures, or appurtenances are located except as hereinafter provided. Land used in meeting the requirements of this Ordinance with respect to a particular use or building shall not be used to meet the requirements for any other use or building.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.11 More Restrictive District Controls.
Whenever the specific district regulations pertaining to one district permit the uses of a more restricted district, such uses shall be subject to the conditions as set forth in the regulations of the most restricted district in which such uses are permitted unless otherwise specified.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.12 Official Zoning Map.
1.12.1
The boundaries of Zoning Districts set out herein are delineated upon a map of the City adopted as part of this Ordinance as fully as if the same were set forth herein in detail.
1.12.2
One (1) original of Zoning District Map shall be filed in the office of the city secretary.
1.12.3
An additional copy of the original Zoning District Map shall be placed in the office of the building official. The copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.13 Zoning District Boundaries.
1.13.1
Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerlines.
1.13.2
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
1.13.3
Boundaries indicated as approximately following city limits shall be construed as following city limits.
1.13.4
Boundaries indicated as following railroad lines shall be construed to be the established 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.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.14 Zoning of Newly Annexed Land.
1.14.1
All territory hereafter annexed to the city of Smithville shall automatically be classified as SF-1: Single Family Residential.
1.14.2
More permissive zoning for newly annexed land consistent with the land use designation of the comprehensive plan may be applied for by following the procedure herein for a zoning amendment, and such application may be processed simultaneously with the annexation.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.15 Nonconforming Uses and Nonconforming Structures.
1.15.1
By the passage of this Ordinance no presently illegal use or building shall be deemed to have been legalized unless such use falls within a district where the actual use and standards under the terms of this Ordinance would be conforming.
1.15.2
No offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the previous Zoning Ordinance was repealed and this 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 within all respects as if such prior Ordinance had not been repealed.
1.15.3
Definitions.
A.
Nonconforming Use.
A “nonconforming use” is a use that does not conform to the provisions of this Ordinance, but that lawfully existed under the regulations in force at the beginning of such use.
B.
Nonconforming Structure.
A “nonconforming structure” is a structure that does not conform to the provisions of this Ordinance, but that was lawfully constructed under the regulations in force at the time of construction.
1.15.4
Requirements for the continuance of nonconforming structures:
A.
Nonconforming structures are permitted, subject to the following regulations:
1.
Normal repairs and maintenance may be made to a nonconforming structure; provided that no structural alterations shall be made except those required by law or ordinance or those necessary for installing or enclosing required sanitary facilities, such as toilets and bathrooms.
2.
Unless otherwise provided, a nonconforming [structure] shall not be added to or enlarged in any manner unless such additions and enlargements are made to conform to all of the requirements of the district in which such nonconforming structure is located.
3.
A nonconforming structure shall not be moved in whole or in part unless every portion of such building or structure is made to conform to all regulations of the district in which it is to be located.
4.
If a nonconforming structure is damaged or destroyed by fire, explosion, act of God, or the public enemy, and the building official determines that that the cost of necessary repairs would be less than fifty (50) per cent of its appraised value as determined by the Bastrop Central Appraisal District value, then restoration or new construction shall be permitted in conformance with the regulations in place at the time of the original construction of the nonconforming structure, provided that construction must begin within six (6) months of damage or destruction, such construction is diligently pursued to completion, and the square footage of the nonconforming structure is not increased. If a nonconforming structure is damaged, destroyed, or declared unsafe by the building official, and the building official determines that the cost of necessary repairs would be equal or greater than fifty (50) percent of its appraised value as determined by the Bastrop Central Appraisal District, such nonconforming structure, if repaired or replaced, shall conform to all regulations of the district in which it is located, and it shall be treated as a new building.
5.
A nonconforming structure that is vacant prior to the enactment of this Ordinance may be occupied by a use for which the nonconforming structure was designed or intended, if so occupied within a period of ninety (90) days after the effective date of this Ordinance. A nonconforming structure which becomes vacant after the effective date of this Ordinance may be re-occupied by the use for which the building or structure was designed or intended, if so occupied within a period of ninety (90) days after the nonconforming structure becomes vacant. All such buildings, after ninety (90) days of vacancy, shall be converted to a conforming use.
B.
Nonconforming uses are permitted subject to the following regulations:
1.
A nonconforming use may not be changed to a use which does not conform to the requirements of the district in which it is situated.
2.
A nonconforming use shall not be expanded or increased in any manner. Expanding or increasing a nonconforming use includes but is not limited to: (1) adding off-street parking to accommodate the nonconforming use; and (2) adding a patio cover, porch, or canopy to accommodate the nonconforming use.
3.
If a nonconforming use is discontinued for a period of ninety (90) days, as reasonably determined by the city manager, or changed to a conforming use, any future use of the relevant land, building, structure, or portion thereof shall conform to the regulations of the district in which such land, building, or structure is located.
4.
A sign, billboard, or poster panel which lawfully existed and was maintained at the time of either the effective date of this Ordinance, or the date that the property on which the sign, billboard, or poster panel is located was annexed into the City may be continued, although such use does not conform with the provision of this Ordinance, provided, however, that no structural alterations are made thereto.
5.
Nonconforming use of land for manufactured home shall allow replacement of such manufactured home only as consistent with the City’s manufactured housing ordinance
1.15.5
Abandonment.
A nonconforming use which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when:
A.
The intent of the owner to discontinue the use is apparent; or,
B.
The characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within ninety (90) days; or
C.
The building, structure or land, or portion thereof, in which a nonconforming use is conducted that is or that hereafter becomes vacant and remains unoccupied for a period of ninety (90) days; or
D.
A nonconforming use has been replaced by a conforming use.
1.15.6
Change in District Boundaries.
Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district, or when the boundaries of districts are changed as the result of annexation of new territory or changed in the regulations or restrictions of this Ordinance, the foregoing provisions relating to nonconforming uses shall also apply to any uses existing therein which may become nonconforming.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.16 Un-platted Property.
1.16.1
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.
1.16.2
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.
1.16.3
In the event the planning and zoning commission holds a hearing on 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.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.17 Exemptions.
1.17.1
The requirements of this chapter shall not apply to a building, other structure, or land under the control, administration, or jurisdiction of a municipal, state or federal agency.
1.17.2
The requirements of this chapter shall not apply to any use or activity exempt from zoning, pursuant to Texas Local Government Code § 211.013.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.18 Fees.
1.18.1
An applicant requesting an amendment, supplement, change, special use permit, modification of, or variance to this Ordinance, including the zoning district map, shall deposit with the City Secretary a fee as specified in the current schedule of fees, which is subject to periodic revision by the City Council. Special Use permits must be renewed annually.
1.18.2
Any request for a proposed amendment, supplement or change to this Ordinance submitted to the City Council shall be accompanied by a fee set by resolution, to be paid by the applicant.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.19 Administration and Enforcement.
1.19.1
The administrative official, for the purposes of this chapter, shall be the City Manager or such other person as may be designated by the City Manager. Without limitation, the building official shall ordinarily administer and enforce the provisions of this chapter.
1.19.2
The building official or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out the duty of enforcing this Chapter.
1.19.3
Whenever any construction work is being done contrary to the provisions of this Chapter, the building official may order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work.
1.19.4
A careful record of all applications shall be kept in the office of the building official, or such other person as may be designated by the City Council.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.20 Penalty.
1.20.1
Any person or entity who shall violate any of the provisions of this Ordinance 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 detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor.
1.20.2
Each day such violation shall be permitted to exist shall constitute a separate offense.
1.20.3
Any such building or use in violation of this article shall be removed or discontinued from the site before liability will be removed and before a building or use permit will be issued for that site.
1.20.4
The owner or owners of any building or premises or part thereof, where anything in violation of this Ordinance shall be placed or shall exist; and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violations shall be guilty of a separate offense and upon conviction, shall be fined as herein provided.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.21 Severability.
If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.
(Ordinance 2018-555 adopted 10/16/18)
§ 1.22 Building Permit Required.
1.22.1
It shall be unlawful for any person, firm, or corporation to commence the construction, enlargement or structural alteration of any building in the city, or to use or occupy the same without first applying for and securing a building permit, or to use or occupy the same without first securing a certificate of occupancy and compliance from the city secretary or such other official designated by the city manager.
1.22.2
Neither a building permit nor a certificate of occupancy shall be granted before a property is zoned in accordance with this chapter.
(Ordinance 2018-555 adopted 10/16/18)