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Vinton City Zoning Code

CHAPTER 1

Authority, Jurisdiction, and Effective Date

Sec. 1.01.01 Authority

Texas Statutes. The provisions of the Unified Development Code (UDC) are adopted pursuant to the authority granted by the Constitution and laws of the State of Texas, including:

  • TAC § 31, Part 10, Chapter 364, Subchapter C, Division 2, Rule § 364.91 (Colonias);
  • TLGC § 42, Extraterritorial Jurisdiction of Municipalities;
  • TLGC § 61, Floods and Floods Control, Water Control by Counties (Colonias);
  • TLGC § 211, Municipal Zoning Authority;
  • TLGC § 212, Municipal Regulation of Subdivision and Property Development;
  • TLGC § 216, Regulation of Signs by Municipalities;
  • TLGC  § 232, County Regulation of Subdivisions (Colonias);
  • TLGC § 245, Issuance of Local Permits;
  • TLGC  § 391.00951, Regional Planning Commission (Colonias);
  • TLGC  § 394, Housing Financing Corporations in Municipalities and Counties (Colonias); and
  • TWC § 16.311 – 16.319, Flood Insurance.

Effective on: 11/6/2015

Sec. 1.01.02 Purpose

The primary purposes of the UDC are to:

  1. Implement the Comprehensive Plan and other adopted plans, as set out in Sec. 1.02.02, Consistency with Plans;
  2. Preserve and improve the public health, safety, and general welfare of the citizens and businesses of Vinton; and
  3. Provide reasonable development restrictions without infringing rights guaranteed by the United States and Texas Constitutions, or the laws of the United States or Texas.

Effective on: 2/7/2016

Sec. 1.01.03 Jurisdiction

  • Village. The UDC regulations are minimum standards applicable to all property in the corporate boundaries of the Village of Vinton ("Vinton").
  • ETJ. Development in Extraterritorial Jurisdiction (ETJ) is subject to the UDC to the extent allowed by TLGC § 42 and TLGC § 212.

    • Effective on: 11/6/2015

    Sec. 1.01.04 Applicability

  • Generally. No land shall be developed, redeveloped, or substantially improved, except in accordance with this UDC. The following actions are considered "development" subject to the UDC:
    1. Use of Land. The use of any building, structure, or land, including new uses, expansion, and material changes to the operational characteristics of existing uses;
    2. Grading of Land. Any nonagricultural disturbance of land, soil, vegetation, or drainage ways, excluding routine landscaping, shall conform to the UDC; and
    3. Subdivision. Any division of land for development, sale, or lease, whether by metes and bounds, subdivision, or other technique, shall comply with the UDC. Deed divisions of land that result in parcels where all resulting tracts have a minimum area of five acres are exempt from the platting requirements of the UDC.
  • Applicability to Publicly Owned Property. The UDC is applicable to all public agencies and organizations to the full extent allowed under the United States and Texas Constitutions, and the laws of each.
  • Pending Applications.  Development applications shall be governed by the laws and regulations in effect when they were submitted.

    • Effective on: 11/6/2015

    Sec. 1.01.05 Enactment, Repeal, and Effective Date

  • Enactment and Effective Date. The enactment of the UDC shall repeal and replace Ordinance No. 2006-0807, Flood Prevention Ordinance, as adopted August 7, 2006, Ordinance No. 88-4, Zoning Ordinance, as amended on November 20, 2012, and Ordinance 88-112, Subdivision Ordinance, as amended on October 6, 2009, each in their entirety, replaced by Ordinance _____, hereafter titled the Village of Vinton UDC, adopted by the Village Council on the effective date of  _____________, 2017.
  • Existing Ordinances and Regulations. Any other ordinance, resolution, or regulations not expressly cited in this Section that are inconsistent with the UDC shall be considered to be superseded by the adoption of the UDC. Specific regulations of any such ordinance that were not affected by this UDC shall remain in full force and effect.

    • Effective on: 2/7/2016

    Sec. 1.02.01 Abrogation and Greater Restrictions

  • The UDC establishes minimum standards necessary to accomplish the purposes set out in Sec. 1.01.02, Purpose.
  • It is not the intent of the UDC to interfere with, abrogate, or annul any easement, covenant, deed restriction, or other executed agreement between private parties, including development agreements. 
  • When the provisions of this UDC impose a greater restriction than those restrictions imposed by private agreements, the provisions of the UDC shall control.
  • When private agreements impose a greater restriction than the restrictions imposed by the UDC, the private agreements shall control. The Village has no duty to search for the existence of private restrictions, or to administer, or enforce, any private restriction. 

    • Effective on: 2/7/2016

    Sec. 1.02.02 Consistency with Plans

    The UDC implements the following existing plans and all additional plans formally adopted by the Village Council after the adoption date of this Code:

    Effective on: 2/7/2016