(a)

Title. This ordinance shall be known and may be cited as the City of Weatherford Zoning Ordinance.

(b)

Intent. 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 General Plan or Comprehensive Plan for the purpose of promoting the public health, safety, morals, and general welfare, and for 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 enable the adequate provision of transportation, water, wastewater treatment, schools, parks, and other public facilities. 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.

(c)

Severability.

(1)

The provisions of this title are hereby declared to be severable. If any Court of competent jurisdiction rules for any reason that any chapter, section, subsection, sentence, clause, phrase, or other portion of this title is invalid, that ruling shall not affect any portion of this title not specifically included in the judgment. If any court of competent jurisdiction rules invalid the application of any provision of this title to a particular property, building, structure, improvement, development, or use, that ruling shall not affect the application of the same provision of this title to any property, building, other structure, or use not specifically included in the judgment.

(2)

The provisions of this title are hereby declared to be valid and enforceable, notwithstanding inadvertent or clerical error. Any such error as may exist shall not affect the validity or intent of the associated provisions, nor that of the remainder of the provisions herein.

(d)

How to read these regulations.

(1)

Conflicts. When a conflict arises between multiple provisions of this title, the more restrictive provision shall govern. When it cannot be determined which provision is more restrictive, the more specific provision shall govern.

(2)

Definitions. Words used in this title have their normal dictionary meaning unless they are defined in the Definitions section below or elsewhere in the Official City Code of the City of Weatherford, in which case they have the specific meaning stated therein. Words and terms defined in two or more titles shall be read in harmony unless there exists an irreconcilable conflict, in which case the definition contained in this title shall govern.

(3)

Usage. The following rules shall be applied in construing, interpreting, or otherwise defining the terms used in this title:

a.

All words used in the plural tense include the singular tense unless the context clearly indicates otherwise. The reverse is also true.

b.

All words used in the present tense include the future tense. The reverse is also true.

c.

The words "must," "shall," and "will" indicate mandatory requirements.

d.

The word "may" is permissive or optional.

e.

The words "may not," "prohibited," and "shall not" indicate that a particular activity is not allowed and that such activity is a violation of this title. There are no exceptions to prohibitions stated as such except where a procedure for such exception is clearly provided.

f.

When used with numbers, "at least x," "up to x," "not more than x," and "a maximum of x" all include x.

g.

Unless the context clearly indicates otherwise, "and" indicates that all connected items or provisions apply, whereas "or" and "either… or" indicate that the connected items or provisions apply singularly but not in combination.

h.

Lists of items preceded by the phrase "including the following," "such as," or similar language are not limited to just those items. The lists are intended to provide examples and not to be exhaustive of all possibilities.

(4)

Determinations. Determinations regarding conflicts, definitions, ambiguities, or usage will be made by the planning director. The planning director may refer any such determination or other matter of interpretation to the planning and zoning commission.

(5)

Relationship to other regulations. No provisions of this title shall be construed as to supersede, waive, or alter any state or federal regulations. Any references made to other such regulations do not imply any responsibility by the city for their enforcement. All development within the City of Weatherford shall comply with all other applicable state and federal regulations.

(a)

Implementation of Comprehensive Plan. This title implements the goals and policies of the Comprehensive Plan of the City of Weatherford, known as the "General Plan," especially as these pertain to land use and development. All standards and procedures contained herein shall be applied in accordance with the General Plan. No changes to this title or to the zoning map established by its adoption (see section C below) shall be made except when such change is determined by the City Council to further the goals and policies of the General Plan.

(b)

Compliance required.

(1)

All land, buildings, structures, or appurtenances thereon located within the city 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 this ordinance. All of the standards and regulations prescribed herein shall be considered as the minimum requirements unless explicitly stated otherwise.

(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 Air Control Board (TACB), 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.

(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.

(c)

Zoning map.

(1)

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

(2)

One original copy of the zoning map shall be filed in the office of the city secretary and labeled as the "Official Zoning Map of the City of Weatherford, Texas." This copy shall be the official zoning map. In case of any question, this copy, together with amending ordinances, shall govern.

(3)

A copy of the zoning map shall be placed in the office of the planning director. The map copy shall be used for reference and shall be kept up-to-date. Reproductions for informational purposes may only be made of the official zoning map.

(4)

In order to provide and maintain a current-to-date and accurate map of all zoning district boundaries, the city shall maintain electronic mapping files or other similar Geographic Information System (GIS) files of the official zoning map with all approved amendments.

(5)

The zoning map may be amended from time to time by the adoption of an ordinance amending this ordinance. The zoning map shall be periodically updated to reflect these amendments. In the event of a discrepancy between the zoning map and an amending ordinance, the amending ordinance shall govern, and the person challenging the accuracy of the map has the burden of presenting the official zoning map, together with the ordinances amending the map, to prove the inaccuracy of the updated copy.

(d)

Zoning districts. The boundaries of zoning districts set out herein are delineated upon the zoning map of the city, adopted as part of this ordinance as fully as if the same were set forth herein in detail.

(e)

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

(1)

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

(2)

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

(3)

Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerline. Zoning classifications applied to a tract of land adjacent to a street right-of-way shall extend to the centerline of the street.

(4)

Boundaries indicated as approximately following railroad lines shall be construed to be midway between the right-of-way lines.

(5)

Boundaries shown as following shorelines shall be construed to follow such shorelines, and in the event of change, the shoreline shall be construed as moving with the actual shoreline.

(6)

Boundaries shown as parallel to, or extensions of, features described in this section shall be so construed. Distances not specifically indicated on the zoning map shall be determined by the scale of the map.

(7)

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 and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

(8)

Where physical features on the ground are at variance with information shown on the zoning 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 this section, then the zoning board of adjustment shall interpret the zoning district boundaries.

(9)

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

(f)

Zoning upon annexation.

(1)

As soon as practical following annexation of property by the city, the city manager or property owners of the annexed area shall initiate proceedings to establish AG Agricultural or another appropriate zoning classification requested by the property owners on the newly annexed territory. Thereupon, the city manager shall commence public notification and other standard procedures for zoning amendments as set forth in 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.

(2)

The initial zoning of a tract, whether 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 this ordinance and all other applicable state laws.

(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.

(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 building official other than a permit to 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 herein.

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, then the city council may authorize construction of the project by a majority vote. Application of this subsection is contingent upon the following:

1.

The city and the owner of the property enter into a development agreement prior to the annexation of the property as provided in Section 212.172, Texas Local Government Code. Then the city council may authorize construction of a project in accordance with the terms of the development agreement.

(a)

Planning director.

(1)

The planning director, or designee, is responsible for the following actions regarding applications under these regulations:

a.

Accepting applications for submittal, determining completeness, filing, and processing.

b.

Preparing reports and making recommendations to the city council, planning and zoning commission, or any other designated decision-making body.

c.

Coordinating with other city departments concerning applications or petitions.

d.

Developing, modifying, and implementing additional policies, standards, and administrative rules that apply to these regulations and applications, while exercising discretion where flexibility is warranted to address unique circumstances, provided that all modifications and applications align with the overall intent and objectives of these regulations.

e.

Initiating enforcement actions concerning compliance with the standards applicable to applications and the conditions imposed thereon.

f.

Providing written reports to the planning and zoning commissions on a regular basis as required.

(2)

Determinations. The planning director has discretion in interpreting and resolving conflicts, definitions, ambiguities, or usage within these regulations. Where appropriate, the planning director may issue official interpretations that shall guide future applications and enforcement. The planning director may refer any such determination or other matter of interpretation to the planning and zoning commission.

a.

The decision of the planning director shall be appealable to the zoning board of adjustment.

(b)

Planning and zoning commission.

(1)

The planning and zoning commission shall have the powers and duties as provided for in the Weatherford Municipal Code, the City Charter, and as authorized elsewhere within the Texas Local Government Code. Specifically, the planning and zoning commission shall:

a.

Review and approve, approve with conditions, or disapprove applications, and shall submit such recommendations to the city council.

b.

Make such determinations, decisions, or recommendations as may be required from time to time by these regulations.

(c)

City council.

(1)

The city council shall have all powers and authority derived from the Texas Local Government Code, the City Charter, and as described in these regulations.

a.

In addition to the planning and zoning commission, the city council shall review and approve, approve with conditions, or disapprove applications as outlined in these regulations.

b.

City council may from time to time amend, supplement, or change by ordinance the text of these regulations on its own initiative or upon petition for a text amendment, following review and recommendation by the planning and zoning commission.

(2)

City council shall delegate to the planning director, or designee, the ability to approve or approve with conditions site plans and special use permits. If approval or approval with conditions cannot be granted, the submittal will be referred to the planning and zoning commission for recommendation and city council for approval.

(d)

Zoning board of adjustment.

(1)

The zoning board of adjustment shall have the powers and duties as provided for in this regulation as authorized. More specifically the zoning board of adjustment shall:

a.

Review and approve, approve with conditions, or disapprove applications.

b.

Make such determinations, decisions, or recommendations as may be required from time to time by these regulations.

(Ord. No. O2025-09, § 1, 3-27-25)