1. A.
   Official Title. This document shall be known and may be cited as the City of Sweetwater, Texas Zoning and Land Use Ordinance. 
2. B.
   Short Title. References to "this Code," "this Ordinance," or "this ZLUO" are interpreted as references to this Zoning and Land Use Ordinance. 

The City Council adopts this Zoning and Land Use Ordinance to protect the public health, safety, and general welfare of present and future inhabitants of the City in accordance with the goals of the Comprehensive Plan.  The provisions of this ZLUO are specifically intended to:

1. A.
   Public Health and Safety. Protect public health and safety by:

   1. 1.
      Ensuring adequate provision of open space for light, air, and fire safety;
   2. 2.
      Promoting public safety from fire, flooding, and other natural and man-made disasters through appropriate site design; 
   3. 3.
      Preventing the overcrowding of land and promoting a healthful and convenient distribution of population by regulating the density and intensity of development; and
   4. 4.
      Facilitating the adequate and safe provision of transportation, water, sewage, drainage, and other public requirements in the City.
2. B.
   Scenic and Environmental Significance. Preserving and protecting existing trees and vegetation, floodplains, stream corridors, and other areas of scenic and environmental significance from adverse impacts of land development.
3. C.
   Quality of Life. Protect the quality of life of City residents, business owners, employees, and visitors by:

   1. 1.
      Improving the City's appearance through the regulation of design, layout, landscaping, etc., where such regulations are appropriate;
   2. 2.
      Maintaining and enhancing the community’s distinct character;
   3. 3.
      Preserving the character and quality of residential neighborhoods;
   4. 4.
      Promoting a range of housing choices; and
   5. 5.
      Creating residential areas with strong neighborhood qualities including pedestrian-friendly streets, community gathering spaces, and basic commercial needs in close proximity.
4. D.
   Economic Development.

   1. 1.
      Providing for the expansion and diversification of the economic base to assure a strong economy; and 
   2. 2.
      Encourage economic opportunities, particularly those that have meaningful multiplier effects on the local economy, by promoting the highest and best use of land and vitality and development of resilient commercial, mixed-use, and industrial districts.
5. E.
   Fiscal and Functional Health. Protect the fiscal and functional health of the City by:

   1. 1.
      Establishing and maintaining zoning districts in order to protect the property rights of all individuals by assuring the compatibility and efficient relationships of uses and practices within districts;
   2. 2.
      Promoting orderly, efficient, and appropriate development of land;
   3. 3.
      Encouraging infill development to make efficient use of existing public infrastructure;
   4. 4.
      Facilitating greenfield development to capitalize on valued natural features;
   5. 5.
      Promoting a balanced supply of residential, commercial, and industrial land uses that are compatible with adjacent land uses and have good transportation access; and
   6. 6.
      Securing economy in government and private sector expenditures by promoting efficiency in development review.
6. F.
   Clear Regulations and Processes. Provide transparent regulations and review procedures for development and outline the duties and powers of responsible administrative, elected, and appointed review bodies to maintain public trust.

1. A.
   Authority.  The City Council adopts this ZLUO: 

   1. 1.
      State Statutes. Under the authority of Article XI, Section 5 of the Constitution of the State of Texas and laws of the State of Texas, including but not limited to the following provisions of the Texas Local Government Code (TLGC) and the Texas Water Code (TWC), as amended:

      1. a.
         TLGC Chapter 211, Municipal Zoning Authority;
      2. b.
         TLGC Chapter 213, Municipal Comprehensive Plans;  
      3. c.
         TLGC Chapter 214, Municipal Regulation of Housing and Other Structures;
      4. d.
         TLGC Chapter 216, Regulation of Signs by Municipalities;
      5. e.
         TLGC Chapter 243, Municipal and County Authority to Regulate Sexually Oriented Business;
      6. f.
         TLGC Chapter 244, Location of Certain Facilities and Shelters;
      7. g.
         TLGC Chapter 245, Issuance of Land Use Permits; and
      8. h.
         TLGC Chapter 246, Construction of Certain Telecommunications Facilities.
   2. 2.

      Charter and Code of Ordinances. Pursuant to the provisions of the City Charter and Code of Ordinances;

2. B.
   Jurisdiction.

   1. 1.
      Generally.  All provisions of this ZLUO apply within the corporate limits of the City of Sweetwater, Texas.
   2. 2.
      Extraterritorial Jurisdiction. No provision of this ZLUO shall apply within the Extraterritorial Jurisdiction (ETJ) of the City. 

1. A.
   Generally. If a court of competent jurisdiction holds any provision of this ZLUO to be illegal or invalid, the remainder of this ZLUO shall remain in full force without being affected by the judgment.
2. B.
   As Applied. If a court of competent jurisdiction holds any application of a provision of this ZLUO to a particular structure, land, or water to be illegal or invalid "as applied," such judgment shall not apply to any other structure, land, or water not specifically included in the judgment.

1. A.
   Enactment and Repeal. The enactment of this ZLUO shall repeal and replace Appendix A, Zoning Ordinance of the City's Code of Ordinances. 
2. B.
   Effective Date. The effective date of this ZLUO is February 10, 2026, which shall be the date when this ZLUO enters into the full force of law.
3. C.
   Abrogation.  Except for those provisions of the City's Code of Ordinances explicitly repealed upon the adoption of this ZLUO, this ZLUO is not intended to repeal, abrogate, or impair any existing public or private laws, easements, covenants, or deed restrictions.

1. A.
   Conflict with Public Restrictions.  The following provisions apply to laws adopted by a federal, state, or local legislative body:

   1. 1.
      Conflicts with Other Documents. Where this ZLUO conflicts with another local, state, or federal law, whichever the Director finds imposes the more stringent restriction shall control.  Where the Director finds conflicting provisions to be equally stringent, then the provision more recently adopted controls. 
   2. 2.
      Conflict with Itself. Where the text of this ZLUO conflicts with its tables or illustrative material, the text controls.  Where a table of this ZLUO conflicts with an illustration, the table controls. 
2. B.
   Conflict with Private Restrictions.

   1. 1.
      No Interpretation or Enforcement. The City does not interpret or enforce private restrictions, including, but not limited to, deed restrictions, covenants, or private easements unless the City is a party to the agreement. 
   2. 2.
      No Modification or Repeal. Nothing in this ZLUO shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this ZLUO.