An ordinance of the city council of the City of Terrell, Kaufman County, Texas, amending appendix 2, zoning ordinance of the City of Terrell by adopting a major update to said ordinance as set forth in exhibit "A" attached hereto and made a part hereof for all purposes; providing for severability and providing an effective date.

(Ord. No. 2814, Art. I(Exh. A), 12-3-19)

This ordinance shall be known and may be cited as the City of Terrell's "Comprehensive Zoning Ordinance" or "Zoning Ordinance", Ordinance No. 2814.

As authorized by Chapter 211 of the Texas Local Government Code, the zoning regulations and districts as herein established have been made in accordance with an adopted comprehensive plan for the purpose of promoting the public health, safety, morals and general welfare, and protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the city. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of land and thus avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of each zoning 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.

(Ord. No. 2814, Art. I(Exh. A), 12-3-19)

3.1

The city is hereby divided into zones, or districts, and the boundaries of zoning districts set out herein are delineated upon the zoning district map of the city, which may also be cited as the "zoning map", said map being adopted as a part of this ordinance as fully as if the same were set forth herein in detail.

3.2

One original of the zoning district map shall be filed in the office of the city secretary and labeled as "official zoning map of the City of Terrell, Texas—Ordinance No. 2814". This copy shall be the official zoning district map and shall bear the signature of the mayor, attested by the city secretary, and shall bear the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 3 of the Zoning Ordinance, Ordinance No. 2814 of the City of Terrell, Texas, adopted on the 3rd day of December, 2019". This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.

3.3

A copy of the official zoning district map shall be placed in the office of the municipal development department. 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 ___ day of ___________, 20___, by official action of the City Council of Terrell, 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 ___________, 20___". Each descriptive entry for a zoning map amendment shall be signed by the mayor and attested by the city secretary.

3.4

In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret due to age, exposure, or the nature or number of changes or additions, the city council may adopt, by ordinance following a public hearing, a new official zoning map which shall replace and supersede the prior zoning map, but which shall not, in effect, amend or otherwise change the original official zoning map or any subsequent amendment thereto. The new official zoning map shall bear the signature of the mayor, attested by the city secretary, and shall bear the seal of the city under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the original Official Zoning Map referred to in Section 3 of the Zoning Ordinance, Ordinance No. 2526 of the City of Terrell, Texas, adopted on the 20 ^th day of March, 2012". Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(Ord. No. 2814, Art. I(Exh. A), 12-3-19)

4.1

The zoning district boundary lines shown on the zoning district map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the zoning district map, the following rules shall apply:

A.

Boundaries shown as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

B.

Boundaries shown as approximately following platted lot lines shall be construed as following such lot lines.

C.

Boundaries shown as approximately following city limits shall be construed as following such city limits.

D.

Boundaries shown as following railroad lines shall be construed to be located along the centerline of the railroad right-of-way lines.

E.

Boundaries shown as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline. Boundaries shown as approximately following the centerlines of streams, rivers, creeks, canals, bodies of water, or drainage-ways shall be construed to follow such centerlines, and in the event of change in any such centerlines shall be construed to move with such centerlines.

F.

Boundaries shown as parallel to, or extensions of, features described in subsections A. through E. above shall be so construed. Distances not specifically indicated on the zoning district map shall be determined by the scale of the map.

G.

Whenever any street, alley or other public way is vacated by official action of the city council, or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such vacated street, alley or public way (or to the new property ownership boundary line, if it is not determined to be at the former centerline) and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

H.

The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street unless, as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.

I.

Where physical features on the ground are at variance with information shown on the zoning district map, or if there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections A. through H. above, then the board of adjustment shall interpret the zoning district boundaries.

J.

If the zoning of property is invalidated by a judgment of a court of competent jurisdiction, the property shall be considered classified as agricultural district (AG) in the same manner as provided for newly annexed territory.

K.

Zoning changes which are still valid and which were made subject to are indicated in approximate locations on the zoning district map. For exact legal descriptions, refer to the adopting ordinances for each particular zoning change.

(Ord. No. 2814, Art. I(Exh. A), 12-3-19)

5.1

All land, buildings, structures or appurtenances thereon located within the City of Terrell, Texas which are hereafter occupied, used, constructed, erected, removed, placed, demolished, and/or converted shall be occupied, used, erected, altered, removed, placed, demolished and/or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located, as hereinafter provided, or such shall be subject to penalties as per section 47 of this ordinance. All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise.

5.2

No uses shall be allowed which are prohibited by state or federal law or which operate in excess of state or federal environmental, pollution or performance standards as determined by the U.S. Environmental Protection Agency (EPA), Texas State Department of Health (TSDH), Texas Commission on Environmental Quality (TCEQ), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), or any other applicable state or federal agency, as the case may be.

5.3

No lot upon which a building has been erected shall later be so reduced in area that the setbacks, yards and/or open spaces shall be smaller than those required by this ordinance, nor shall a part of a yard or other open space required by this ordinance for any building/lot be included as a part of a yard or other open space similarly required for another building/lot.

5.4

Unless otherwise provided herein, no building shall hereafter be erected or altered:

1.

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

2.

To exceed the maximum height allowed by this ordinance;

3.

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

4.

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

(Ord. No. 2814, Art. I(Exh. A), 12-3-19)

6.1

As soon as practical following annexation, but in no event more than 180 calendar days thereafter, the city council shall, on its own motion or upon application by property owners of the annexed area, initiate proceedings to establish appropriate zoning on the newly annexed territory, thereupon the municipal development department shall commence public notification and other standard procedures for zoning amendments as set forth in section 10 of this ordinance. Said proceedings to establish zoning may be undertaken concurrently with annexation procedures (i.e., notified at the same time, public hearings scheduled at the same time as annexation, etc.), however zoning approval and formal adoption of the ordinance establishing zoning must occur after annexation approval and adoption have occurred, and as a separate and distinct action by the city council. For the period of time following official annexation by the city until a zoning action has been officially adopted to zone the land, the interim zoning of the land shall be considered to be agricultural ("AG"), and all zoning and development regulations of the "AG" zoning district shall be adhered to with respect to development and use of the land that has been newly annexed. This interim "AG" zoning classification shall continue until the zoning of the property has been officially changed in accordance with section 10 of this ordinance.

6.2

The initial zoning of a land parcel, whether or not it is interim in nature, by initiation of the landowner or by initiation of the city, must meet the requirements for notification and public hearings as set forth in section 10 of this ordinance and all other applicable state laws.

6.3

The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of the petition for annexation, but no such annexation application may be made conditioned upon the approval of any particular zoning classification.

6.4

Within an area classified as "AG" (agricultural):

A.

No permit for the construction of a building or use of land shall be issued by the municipal development department, or his/her designee, other than a permit which will allow the construction of a building or use permitted in the "AG" district, unless and until such territory has been classified in a zoning district other than the "AG" district by the city council in the manner prescribed by section 10, except as provided in subsection B., below.

B.

If plans and preparations for developing a property for a use other than those specified in the "AG" district were already in progress prior to annexation of the property into the City of Terrell, then the city council may authorize construction of the project by a majority vote. Application of this subsection is contingent upon the following:

1.

An application for a building permit for the proposed building or use must be made to the municipal development department of the City of Terrell (or his/her designee) within three months (i.e., within 90 calendar days) after annexation of the property into the city; and

2.

The applicant must be able to demonstrate that plans and other preparations for developing the property commenced prior to (i.e., were already in progress at the time of) annexation into the city.

C.

In its deliberations concerning authorization to proceed with construction of a project which meets the above criteria, the city council shall take into consideration the appropriate land use for the area as shown on the city's future land use plan. Upon approval by the city council, the municipal development director (or his/her designee) shall notify the building official (or his/her designee) of such approval.

(Ord. No. 2814, Art. I(Exh. A), 12-3-19)