Springtown City Zoning Code

The City Administrator and/or designee is hereby designated by the City Council as the administrative official to supervise the administration and enforcement of this article. The City Administrator and/or designee may be provided with the assistance of such other persons or consultants as the City Administrator may direct.

If the administrative official finds that any of the provisions of this article are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order discontinuance of illegal use of land, buildings, or structures, removal of illegal buildings or structures or of illegal additions, alterations, or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this article to ensure compliance with or to prevent violation of its provisions.

No permanent structure may be constructed or otherwise located within the city limits prior to issuance of a Building Permit by the Building Official. No permanent structure constructed or otherwise located within the city limits may be occupied prior to issuance of a Certificate of Occupancy by the Building Official. No change in the existing conforming use of a permanent structure, or of land to a use of a different classification under this article, and no change in the legally conforming use of a permanent structure or of land may take place prior to issuance of a Certificate of Occupancy by the Building Official.

Plans for any permanent structure to be constructed or otherwise located within the city limits must be approved by the Building Official who, upon approval, shall issue a Building Permit. A complete application for a Building Permit shall contain details of foundation and structure sufficient to determine compliance with applicable provisions of the Building Code. Upon submission of a complete application, the Building Official shall issue a Building Permit. After issuance of a Building Permit and prior to issuance of a Certificate of Occupancy, the Building Official shall conduct a foundation, plumbing, electrical and framing inspection. After such inspection, the Building Official shall issue a Certificate of Occupancy if the plans and the results of the inspection comply with the provisions of all applicable ordinances and regulations.

Written application for a Certificate of Occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided, shall be made to said Building Official. If the proposed use is in conformity with the provisions of this article, the Certificate of Occupancy therefor shall be issued within ten (10) days after the application for same has been made.

Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies with all provisions of the building and fire laws and ordinances. A record of all Certificates of Occupancy shall be kept on file in the office of the Building Official or his agent and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.

Pending the issuance of a regular certificate, a Temporary Certificate of Occupancy may be issued by the Building Official for a period not exceeding six (6) months during the completion of alterations or during partial occupancy or a building pending its completion. Issuance of a temporary certificate shall not be construed to alter the respective rights, duties, or obligations of the owner or of the City relating to the use [or] occupancy of the premise or any other matter covered by this article.

A Certificate of Occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this article. Application for such Certificate of Occupancy for a nonconforming use shall be filed with the Building Official by the owner or lessee of the building or land occupied by such nonconforming use within one (1) year after being notified that your land is nonconforming with this article. It shall be the duty of the Building Official to issue a Certificate of Occupancy for a lawful nonconforming use, but failure to apply for such Certificate of Occupancy for a nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the effective date of this article.

The Planning and Zoning Commission shall consist of five members, a Vice Chairman, and a Chairman who are residents of the City of Springtown, each to serve for a term of two years and removable by majority vote of the City Council. The City Council shall appoint the Chair and Vice Chair. Appointees shall fill positions which shall be designated by place numbers (e.g., Place 1, Place 2, etc.). The Chairman shall vote only in the case of a tie. Vacancies shall be filled for the remaining term of any member whose place becomes vacant for any cause in the same manner as the original appointment was made. The Mayor and City Council may appoint three alternate members of the Planning and Zoning Commission who shall serve in the absence of one or more of the regular members when requested to do so by the Chairman of the Planning and Zoning Commission.

The terms of members filling Places 1, 3, and 5 shall expire on June 30 of each odd-numbered year and the terms of members filling the position of chairman and Places 2 and 4 shall expire on June 30 of each even-numbered year. Commission members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms. Newly appointed members shall be installed at the first regular commission meeting after their appointment.

A quorum for the conduct of business shall consist of three members and/or alternate members of the Commission. The members shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.

Both members and alternate members are expected to attend meetings of the Planning and Zoning Commission. Any member or alternate member who misses three regular meetings in any calendar year shall be deemed to have forfeited his or her position and the City Council shall appoint a person to fill the resulting vacancy. The person who forfeited such office may be reappointed.

Planning and Zoning Commission members and alternate members shall attend training regarding their roles and responsibilities within six (6) months of their appointment to the Commission. If training regarding roles and responsibilities is not available within six (6) months, such training must occur within twelve (12) months of their appointment to the Commission. Thereafter, Planning and Zoning Commission members and alternate members shall attend additional training at least once every two years to include, at a minimum, training regarding relevant legislative changes following each legislative session.

Hold public hearings and make recommendations to Council on all proposed amendments to the zoning ordinance and amendments to the zoning of property. Exercise all powers of a planning commission as to approval or disapproval of plans, plats, or replats as authorized under state law. Hear and consider issues assigned by council.

Initiate, in the name of the City, proposals for the opening, vacating, or closing of public rights-of-way, parks, or other public places and for the change of zoning district boundaries on the area-wide basis.

In the month of May each year, a progress report shall be submitted to the City Council summarizing the Commission’s activities for the past year and propose a work program for the coming year.

The City declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

In making a determination regarding a requested zoning change, the Planning and Zoning Commission and the City Council shall consider the following factors:

The City Council may from time to time, after receiving a recommendation thereon by the Planning and Zoning Commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the Zoning Map. Any amendment to the Zoning Ordinance text or to zoning district boundaries may be ordered for consideration by the City Council, may be initiated by the Planning and Zoning Commission, or may be requested by the owner of real property (or his/her authorized representative).

Consideration for a change in any zoning district boundary line or special zoning regulation may be initiated by the property owner or his/her authorized agent (proof of such authorization must be submitted with the zoning application, per section 14.02.004(c)), the City Administrator, the Planning and Zoning Commission or the City Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown in City records are different, the applicant shall submit proof of ownership and verification that he/she is acting as an authorized agent for the property owner.

No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of Springtown, and which are directly attributable to a piece of property requested for zoning shall be allowed to submit a zoning request until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the City has been made for the payment of such debts or obligations. It shall be the applicant’s responsibility to provide evidence or proof that all taxes have been paid.

Every application for zoning, rezoning, Special Use Permit (SUP), or for a text amendment to a provision(s) of this Zoning Ordinance shall be subject to a determination of completeness by the City Administrator or his designee.

No application shall be deemed complete and accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this article. For a determination of completeness to be issued, an application must include the following:

The City Administrator or his designee may from time to time identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in the Zoning Ordinance.

A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this article.

Not later than the tenth (10th) business day after the date an application is submitted, the City Administrator or his designee shall make a written determination whether the application constitutes a complete application. This shall include a determination that all information and documents required by this Zoning Ordinance for the type of plat being submitted or other requirements have been submitted. A determination that the application is incomplete shall be mailed to the applicant within such time period by United States Certified Mail at the address listed on the application. The determination shall specify the documents or other information needed to complete the application and shall state that the application will expire if the documents or other information is not submitted within 45 days after the date the application was submitted.

An application filed on or after the effective date of this article shall be deemed complete on the 11th business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete. For purposes of this Section, the applicant shall be deemed to have been notified if the City has mailed a copy of the determination as provided in subsection (c)(5).

The processing of an application by any City employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing. The incompleteness of an application shall be grounds for denial of the application regardless of whether a determination of incompleteness was mailed to the applicant.

An application for a zoning, rezoning, Special Use Permit (SUP), or for a text amendment change approval shall be deemed to expire on the 45th day after the application is submitted to the City Administrator or his designee for processing if the applicant fails to provide documents or other information necessary to meet the requirements of the Zoning Ordinance or other requirements as specified in the determination provided to the applicant. Upon expiration, the application will be returned to the applicant together with any accompanying documents. Thereafter, a new application must be submitted.

No vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied.

Upon filing of an application for an amendment to the Zoning Ordinance and/or map, the Planning and Zoning Commission shall conduct a public hearing on said application.

Before the tenth (10th) day before the hearing date, written notice of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within two hundred (200) feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. If the property within two hundred (200) feet of the property on which the change is proposed is located in territory annexed to the municipality and is not included on the most recently approved municipal tax roll, notice to such owners shall be given by one publication in an official newspaper or a newspaper of general circulation in the municipality at least fifteen (15) days before the time of the hearing. Also, the City Secretary shall have the property, lot or tract posted with a sign at least eighteen (18) by twenty-four (24) inches in size which shall state “Zoning change Requested for information call City Hall” and the telephone number shall be listed. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken.

At the conclusion of the hearing, the Planning and Zoning Commission may recommend approval or denial of the amendment of this article or of the zoning of property to the City Council. Such recommendation shall be carried by the affirmative votes of not less than a majority of its total membership present and voting. A copy of any recommended amendment shall be submitted to the City Council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.

Any proposal or application may be withdrawn by the applicant after the Commission makes its final report, and such proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the City Council will not consider it. Any proposal or application withdrawn may be resubmitted and shall be subject to all fees and notice requirements as an original application.

The Planning and Zoning Commission shall function in accordance with section 14.02.003 of this article and with applicable provisions in the City’s Code of Ordinances.

After Public Hearing, the Planning and Zoning Commission shall submit a final report to the City Council. The City Council may not hold a public hearing until it receives the final report of the Planning and Zoning Commission with its recommendation of approval or denial.

When the Planning and Zoning Commission has recommended to the City Council that a proposed amendment be approved or denied, the City Council may approve or deny the amendment by a simple majority vote of the City Council members present and voting. In the event of a tie vote of the City Council members present and voting, the Mayor may cast the deciding vote.

If a proposed change to a regulation or boundary is protested in accordance with Chapter 211.006 of Local Government Code, the proposed change, in order to take effect, shall have the affirmative vote of at least three-fourths of all members of the governing body. The protest must be written and signed by the owners of at least twenty percent (20%) of either:

In case the application for an amendment to the Zoning Ordinance is denied by the City Council, said application shall not be eligible for reconsideration for six (6) months subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the City Council, to be eligible for consideration within six (6) months of the denial of the original application.

In the event a reapplication affecting the same land is for a zone that will permit the same use of the property as that which would have been permitted under the denied application, the same shall not be considered to be substantially different from the application denied.

One (1) copy of the official Zoning District Map shall be placed in the office of the City Administrator, or his/her designee. The map copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Reproductions for informational purposes may only be made of the official Zoning District Map or this copy.

Any changes or amendments made to the zoning district boundaries shall be made on the map copy promptly after the amendment has been approved by the City Council, together with a descriptive entry on the map as follows:

“On the _____th day of _____, 20 _____, by official action of the City Council of Springtown, Texas, the following change(s) was made on the City’s official Zoning District Map: (enter a brief description of the nature of the change), Ordinance No. _____ effective date _____th day of _____, 20_____”.

Each descriptive entry for a Zoning Map amendment shall be signed by the Mayor and attested by the City Secretary.

To have more narrow or smaller front, side or rear yards than those required by this article;

To exceed the maximum height allowed by this article;

To occupy a greater percentage of lot area than allowed by this article; or

To accommodate or house a greater number of families than is specified within this article for the zoning district in which such building is located.

Within the districts established by this article or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this article was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this article to permit such nonconforming uses to continue, as long as the conditions within this section and other applicable sections of the Ordinance are met.

It is further the intent of this article that nonconforming uses, lots and structures shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

Any use, platted lot or structure that does not conform with the regulations of this Zoning Ordinance on the effective date hereof or any amendment hereto, except as expressly provided in subsection (b)(3) below, shall be deemed a nonconforming use, platted lot or structure provided that:

Any other use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this article or any amendment hereto, and except as provided in subsection (b)(3) below, shall be deemed to be in violation of this article, and the City shall be entitled to enforce fully the terms of this article with respect to such use, platted lot or structure.

The following types of platted lots shall be deemed in conformance with the provisions of this article, notwithstanding the fact that such lot does not meet the standards of this article in the district in which it is located:

A lot of record located within an A, or SF-1 zoning district that is nonconforming may be occupied by a single-family dwelling provided that all applicable zoning standards with regard to building setbacks, building size and design criteria are met.

A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.

A nonconforming structure occupied by a nonconforming use may be reoccupied by a conforming use, following abandonment of the nonconforming use.

If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this article, as amended, and with any other applicable City codes or ordinances that are in effect at the time the use is resumed or the structure is reoccupied.

A nonconforming use or structure shall be deemed “abandoned” in the following circumstances:

If the use of any lot, tract or property that does not have a building on it and that is used for open/outside storage as of the effective date of this article (or amendment thereto) is made nonconforming by this article (or amendment thereto), then such storage use shall cease within 180 calendar days following the effective date of this article (or amendment thereto). The lot, tract or property shall be cleaned up and all trash, debris, stored items and vehicles, and other materials shall be removed from the premises such that the property is not a physical or visual nuisance to the public or to surrounding property owners.

A nonconforming use shall not be changed to another nonconforming use.

A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use.

A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to another nonconforming use.

A nonconforming use may be extended throughout the structure in which it is located, provided that:

A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.

A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this article.

If more than fifty percent (50%) of the total appraised value, as determined by the Parker County Central Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this article.

If less than fifty percent (50%) of the total appraised value, as determined by the Parker County Central Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within 365 calendar days following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the 365-calendar day reconstruction period may be extended by the City Administrator (or his/her designee).

If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be reestablished subject to the limitations on expansion set forth in subsection (f) above.

Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this article.

Nothing in this article shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds fifty percent (50%) of the structure’s appraised value, as determined by the Parker County Central Appraisal District.