Waxahachie City Zoning Code
ARTICLE I
- ENACTING PROVISIONS
AN ORDINANCE REPLACING, IN ITS ENTIRETY, THE ZONING ORDINANCE OF THE CITY OF WAXAHACHIE, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL ON THE 21st DAY OF MAY, 2018, TOGETHER WITH ALL AMENDMENTS THERETO AND ENACTING A NEW ORDINANCE ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN; PROVIDING DEVELOPMENT STANDARDS AND REGULATING WITHIN SUCH DISTRICTS THE HEIGHT OF BUILDINGS AND STRUCTURES, SIZE OF YARDS, THE HEIGHT, BULK AND USE OF BUILDINGS AND LAND FOR TRADE, INDUSTRY, RESIDENCE AND OTHER PURPOSES; PROVIDING FOR THE INCLUSION OF NEW AND UNLISTED USES; PROVIDING FOR SPECIFIC USE PERMITS; SPECIFYING THE MINIMUM REQUIREMENTS FOR OFF-STREET PARKING OF VEHICLES; FOR THE MINIMUM REQUIRED FLOOR AREA OF DWELLING UNITS IN THE VARIOUS DISTRICTS; REGULATING THE DENSITY OF DWELLINGS AND OTHER STRUCTURES; AND THE PERCENTAGE OF A LOT THAT MAY BE OCCUPIED BY STRUCTURES AND THE FLOOR AREA RATIO THEREOF, ADOPTING PERFORMANCE STANDARDS FOR INDUSTRY, ADOPTING A ZONING DISTRICT MAP AND MAKING IT A PART OF THIS ORDINANCE, TOGETHER WITH ALL SYMBOLS, MARKINGS AND TABLES APPEARING ON SAID MAP OR IN THE ORDINANCE; CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS AND DUTIES; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR NONCONFORMING USES AND METHOD FOR DISCONTINUANCE THEREOF; CREATING AN APPENDIX AND DEFINING CERTAIN TERMS; PROVIDING FOR A CERTIFICATE OF OCCUPANCY; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE.
WHEREAS, the City of Waxahachie, hereinafter called City, is a Home Rule City with a Charter approved by the voters of the City pursuant to Article II, Section 5 of the Texas Constitution; and
WHEREAS, under the laws of the State of Texas (H.B. No. 87 passed by the Fortieth Legislature) authority is conferred upon the City to establish zoning districts within the City in accordance with Chapter 211, Municipal Zoning Authority of the Texas Local Government Code, as so amended; and
WHEREAS, the City prepared a Comprehensive Plan to determine the compatibility of land uses in a comprehensive manner; and
WHEREAS, the Planning and Zoning Commission (P&Z) thoroughly studied and evaluated the recommendations prepared by the City staff and professional planning consultants; and
WHEREAS, the P&Z recommended a proposed zoning ordinance for the City of Waxahachie for consideration by the City Council; and
WHEREAS, the City Council thoroughly studied the P&Z's recommendations and did recommend that a public hearing be held by the City Council and P&Z concerning the Comprehensive Zoning Ordinance; and
WHEREAS, pursuant to such recommendation, a public hearing was held on May 21, 2018 after public notice was published in a paper of general circulation at least fifteen days before the date set for hearing in accordance with Subchapter "A" of the Texas Local Government Code Section 211.006(c); and
WHEREAS, after public hearing and review of all testimony and consideration of all requests, the Planning and Zoning Commission and the City Council recommended the Zoning Ordinance for adoption:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WAXAHACHIE, TEXAS:
Sec. 1.01 - Enacting clause.
(a)
Zoning Ordinance No. 3020 of the City of Waxahachie, Texas, as passed and approved on the 21st day of May, 2018, together with all amendments thereto, is hereby amended and replaced in its entirety to read as follows:
Sec. 1.02 - Purpose.
(a)
The zoning regulations and districts as herein established have been made in accordance with an adopted comprehensive plan for the purposes to:
(i)
Promote the public health, safety, morals and general welfare, convenience, and protecting and preserving places and areas of historical, cultural, or architectural importance and significance in the City;
(ii)
Lessen the congestion in the streets;
(iii)
Secure safety from fire, panic and other dangers;
(iv)
Provide adequate light and air;
(v)
Prevent the overcrowding of land;
(vi)
Avoid undue concentration of population; and
(vii)
Facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements.
(b)
These regulations 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.
Sec. 1.03 - Zoning District Map.
(a)
The boundaries of zoning districts set out herein are delineated upon a zoning district map of the City, adopted as part of this Ordinance as fully as if the same were set forth herein in detail.
(b)
One original Zoning District Map shall be filed with the approving Ordinance in the office of the City Secretary. This copy shall bear the signature of the Mayor and attestation of the City Secretary. This copy shall not be changed in any manner.
(c)
The Planning and Zoning Department shall keep a complete set of the Official Zoning Maps in a form convenient for data retention, either electronically or in hard copy. These maps shall be available for public inspection.
(d)
The Official Zoning Maps shall be kept up to date by posting or causing to be posted to the maps any subsequent zoning changes as soon as practicable after the change occurs.
Sec. 1.04 - Zoning District Boundaries.
(a)
Zoning district boundary lines shown on the Zoning District Map shall coincide, as nearly as practicable, with property, parcel, or lot lines. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the Director of Planning shall be responsible for interpretation of the Official Zoning Map in accordance with the following rules:
(i)
Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerline.
(ii)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(iii)
Boundaries indicated as approximately following City limits shall be construed as following City limits.
(iv)
Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.
(v)
Boundaries indicated as following the centerline of all creeks, streams, or drainageways shall be construed to follow such centerline, and in the event of change in the centerline, shall be construed to move with such centerline.
(vi)
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed. Distances not specifically indicated on the original zoning maps shall be determined by the scale of the map.
(vii)
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, zoning district boundary lines shall be extended to the new property lines adjoining each side of such street, alley, or other public way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.
(viii)
Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel or property is zoned and such question cannot be resolved by the application of Subsections 1.04(a)(i—vii), the property shall be considered as classified, Future Development (FD), in the same manner as described in Section 1.06.
Sec. 1.05 - Compliance Required.
(a)
All land, buildings, structures, or appurtenances thereon located within the City of Waxahachie, Texas which are hereafter occupied, used, constructed, erected, removed, placed, demolished, or converted shall be occupied, used, erected, altered, removed, placed, demolished, or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided are subject to penalties as per Section 8.03 of this Ordinance. All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise. All other applicable City Codes and ordinances shall also apply.
Sec. 1.06 - Zoning Upon Annexation.
(a)
All territory hereafter annexed to the City of Waxahachie shall be classified as Future Development (FD) until other zoning is established by the City. The procedure for establishing zoning other than FD for annexed territory shall conform to the procedure set forth in Section 2.04 of this Ordinance.
(b)
In an area classified as FD:
(i)
No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit that will allow the construction of a building or use permitted in the FD District.
(ii)
An application for a building permit for any proposed use other than those specified in the FD District must be made to the Building Official of the City of Waxahachie within three (3) months after annexation. If the applicant shows that plans and other preparation for developing the property commenced prior to annexation by the City, the City Council may authorize the construction of the project by a majority vote. The action of the City Council concerning any such permit shall take into consideration the appropriate land use for the area. Upon approval by the City Council, the City Secretary shall notify the Building Official of such action.
(iii)
Whenever the Planning and Zoning Commission and City Council have under consideration the annexation of territory to the City, a hearing may be held simultaneously on the annexation and designation of a Zoning District other than FD, and action taken concurrently on both questions.