Weimar City Zoning Code
ARTICLE 14
02 ZONING REGULATION
§ 14.02.001 Administration; enforcement; permits and certificates.
(a)
Administration and enforcement.
(1)
The city manager of the city is designated as the zoning administrator by the city council to administer the provisions of this article.
(2)
If the zoning administrator shall find, or if any persons files with him a complaint in writing alleging that any of the provisions of this chapter are being violated, he shall immediately investigate and when necessary give written notice to the person responsible to cease such violations.
(b)
Penalty for violation.
Any person who violates or fails to comply with the requirements of this chapter or who builds or alters any building in violation of any plan or statement submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than one thousand dollars ($1,000.00). Each day such violation shall be permitted to exist shall constitute a separate offense. The owner of any building or premises or part thereof, where anything in violation of this chapter shall be placed or shall exist, shall be guilty of a separate offense and upon conviction thereof shall be fined as herein provided. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(c)
Building permits required.
No residential or commercial structure shall be erected, moved, or added to, without a permit therefor, issued by the city secretary. A building permit shall not be issued except in conformity with the provisions of this article, unless otherwise authorized in a written order from the commission in the form of an administrative review of variances as provided by this article.
(d)
Application for building permit and certificate of zoning compliance and occupancy.
(1)
All applications for building permits shall be accompanied by site plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the dimensions of any building, already existing on the lot, and the location and dimensions of the proposed building, structure, or alteration. The application will serve as a basis for issuing both the building permit and the certification of zoning compliance and occupancy. It shall include such information as lawfully may be required by the zoning administrator, including existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lots and on abutting and adjacent properties; parking where required and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this article.
(2)
One (1) copy of the plans shall be returned to the applicant by the zoning administrator, after he and the building inspector have marked such copy either as approved or disapproved and attested to same by their signatures on such copy. Two (2) copies of the plans, similarly marked, shall be retained by the zoning administrator.
(e)
Certificates of zoning compliance and occupancy for new, altered, or nonconforming uses.
(1)
It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure nor will permanent utility connections to serve the premises be made until a certificate of zoning compliance shall have been issued therefor by the zoning administrator stating that the proposed use of the land any structure existing or proposed thereon, conforms to the requirements of this article.
(2)
A temporary certificate of zoning compliance may be issued by the zoning administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate include such conditions and safeguards as will protect the safety of the occupants and the public. The zoning administrator shall maintain a record of all certificates of zoning compliance and such record shall be open to public inspection. Failure to obtain a certificate of zoning compliance shall be a violation of this article, and punishable under subsection (b) above.
(f)
Building permits become invalid.
If the work described in any building permit has not begun within six (6) months from the date of issuance thereof, said permit shall be cancelled by the building official and written notice thereof shall be given to the persons affected.
(g)
Construction and use to be as provided in applications, plans, permits, and certificates of zoning compliance.
Building permits issued on the basis of plans and applications approved by the zoning administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use or arrangement at variance with that authorized when a building permit is obtained and application is made for certificate of zoning compliance shall be deemed a violation of this article.
(Ordinance 05-2014 adopted 9/11/14)
§ 14.02.002 Conditional use permits.
(a)
Purpose.
The purpose of the regulations described by this section is to allow the compatible and orderly development within the city of uses which may be suitable only in certain locations in a zoning district if developed in a specific way or only for a limited period of time. A conditional use permit is required for all conditional uses. A conditional use permit may have a specified time limitation attached and may lawfully impose conditions other than those which are specifically set forth in this article. A conditional use permit shall be issued by the zoning administrator pending approval of such permit as provided for hereafter.
(b)
Approval responsibility.
The commission shall have the initial responsibility for reviewing and approving all permits required for the conditional uses found in division 2, part II of this article. The following procedures shall be complied with prior to the approval or denial of any use permit:
(1)
Within five (5) days after receiving an application for a conditional use permit, notification of such request shall be made by mail to all owners of real property living within two hundred feet (200') of the property on which application has been made. The names and addresses of the affected parties shall be supplied by the applicant.
(2)
The commission may, if no adverse response to the above mentioned notification is received within ten (10) days, set the appropriate conditions for the permit and approve issuance of same upon agreement by applicant. If there is a negative response to the notification in writing, the zoning administrator shall notify all affected parties and make the necessary preparations for a public hearing before the commission on the questions as set forth.
(3)
When application has been denied by the commission, applicant may appeal for a hearing before the city council.
(4)
Application concerning additional use permits for those uses which are conditional in all districts shall be automatically referred to the commission for a public hearing on same. The zoning administrator shall investigate conditions, arrange hearing notification, and obtain any expert advice needed to achieve agreement between the applicant and the city.
(5)
The planning commission may deny any application for a conditional use permit, after a public hearing, if the proposed use fails to meet one (1) of the criteria set forth in subsection (e). In granting a use permit, the commission, on the basis of recommendations from the zoning administrator, may impose requirements and conditions with respect to locations, construction, maintenance, and operation, in addition to those expressly stipulated in the chapter for the particular use, as they deem necessary for the protection of adjacent properties and the public interest.
(c)
Application filing procedure and fee.
(1)
Application shall be made by the property owner or certified agent thereof to the zoning administrator on a form prescribed for this purpose by the city. Said application shall be accompanied by drawings as set forth in subsection (d)(3). Granting a use permit does not exempt the applicant from complying with requirements of the building code or other ordinances.
(2)
The fee for a use permit shall be sufficient to cover cost of notification, publication, and other related costs to the city, and shall not be less than twenty-five dollars ($25.00), no part of which shall be refundable.
(d)
Site plans required.
(1)
Purpose.
The purpose of the site plan is to ensure compliance with the zoning regulations and to assist in the orderly and harmonious development of the city, to protect and enhance the general welfare, and to help prevent the impairment or depreciation of land values and development by the erection of structures, additions, or alterations thereto without proper attention to site planning.
(2)
Recording.
The applicant shall file with the zoning administrator three (3) copies of his site plan. The duplicate copies shall be used during the investigation of the case and for review of the commission in the event a hearing is required.
(3)
Contents.
The site plan shall contain drawings to scale to indicate the location of all structures on the subject property and on adjoining property; landscaping and/or fencing of yards and setback areas and uses of landscaping and/or walls or fences for screening purposes; design of ingress and egress to minimize interference with traffic flow on abutting streets; off-street parking and load facilities; height of all structures; proposed uses; and the location and type of all signs including lighting and heights.
(e)
Prerequisites of approval by commission.
(1)
No structure or property in any district shall be used for a use listed as a conditional use in division 2, part II of this article without first having obtained a use permit for such use from the planning commission.
(2)
The planning commission, after receipt of report and recommendations of the zoning administrator, may permit a conditional use subject to appropriate conditions and safeguards, when, after public notice and a hearing, the commission finds:
(A)
That the proposed use meets all the minimum standards established in this article for this type of use.
(B)
That the proposed use is in harmony with the purpose and intent of this article and of the zoning plan for the physical development of the district.
(C)
That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhoods or its occupants, nor be substantially or permanently injurious to neighboring property.
(D)
The commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this article and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping, and additional improvements such as curbing and sidewalks.
(f)
Appeals from decisions of the commission.
Any person or persons, jointly or severally, aggrieved by a decision of the commission may present the city council a petition, duly verified, setting forth that such decision is unjust, in whole or in part, specifying the grounds of injustice. Such petition shall be presented to the council within ten (10) days after the final decision of the commission and not thereafter for notification and calling of a public hearing to hear and act on the appeal.
(g)
Development.
Following the issuance of a use permit, the building official shall ensure that if the development is undertaken, it is completed in compliance with said permit. However, if a use permit has not been used within six (6) months after the date granted, the permit is automatically cancelled.
(Ordinance 05-2014 adopted 9/11/14)
§ 14.02.003 Responsibilities of the zoning administrator and city council on matters of appeal.
(a)
Questions of interpretation and enforcement.
It is the intent of this article that all questions of interpretation and enforcement shall be first presented to the zoning administrator and that such questions shall be presented to the commission only on appeal from the decision of the zoning administrator, and that recourse from the decision of the commission on matters of interpretation and enforcement shall be to the courts as provided by law.
(b)
City council not to hear appeals on questions of interpretation and enforcement.
It is further the intent of this article that the duties of the city council in connection with this article shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in subsection (a) above.
(c)
Duties of city council.
Under this article, the city council shall have only the following duties:
(Ordinance 05-2014 adopted 9/11/14)
§ 14.02.004 Schedule of fees, charges, and expenses.
The city council shall establish by resolution a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance appeals and other such matters pertaining to this chapter. The schedule of fees shall be posted in the office of the zoning administrator and may be altered or amended only by the city council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ordinance 05-2014 adopted 9/11/14)
§ 14.02.005 Amendments.
(a)
Procedure for amendments.
The regulations, restrictions, and boundaries set forth in this article may from time to time be amended, supplemented, changed, modified, or repealed upon initiation by the commission, the city council, or by a petition of a property owner or owners or their authorized agents; provided, however, that no such action may be taken until the question has been referred to the commission for consideration and public hearing on the question and their recommendations received and until a public hearing has been held in relation thereto, before the city council at which parties in interest and citizens shall have an opportunity to be heard.
(b)
Notice to be published.
At least fifteen (15) days prior to the hearings, notice of the time and place of such hearings and description of proposed change shall be published in a newspaper of general circulation in the city.
(c)
Written notice.
When a proposed amendment or change affects the zoning classification of property, written notice of each public hearing described in subsection (a) shall be sent to each owner as indicated by the most recent approved municipal tax rolls, of real property within two hundred feet (200') of the property on which the change in classification is proposed at least fifteen (15) days before the date of such hearing. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States Mail.
(d)
Protests to amendments.
In case a protest against such amendment or change is signed by the owners of at least twenty percent (20%) of either:
(e)
Streets and alleys included in computing land area.
In computing the percentage of land area under subsection (d), the area of streets and alleys shall be included.
(f)
Vote required for protested amendments.
If a proposed amendment or change to a regulation or boundary is protested in accordance with this subsection, the proposed amendment or change must receive, in order to take effect, the affirmative vote of at least three-fourths (3/4) of all members of the city council.
(g)
Vote required to overrule planning and zoning commission recommendation.
The affirmative vote of at least three-fourths (3/4) of all members of the city council is required to overrule a recommendation of the city planning and zoning commission that a proposed amendment or change to a regulation or boundary be denied.
(Ordinance 05-2014 adopted 9/11/14)
§ 14.02.006 Provisions of article declared to be minimum requirements.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of public health, safety, or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the requirement that is most restrictive or that imposes the higher standards, as determined by the commission, shall govern.
(Ordinance 05-2014 adopted 9/11/14)
§ 14.02.007 Definitions.
For the purpose of this article, certain terms and words are hereafter defined[;] words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; and the word “shall” is mandatory and the word “may” implies an option.
An accessory use or structure, customarily a part thereof, which is clearly incidental and secondary to the permitted use and which does not change the character thereof, including, but not limited to garages, garage apartments, bathhouses, greenhouses, [or] tool sheds.
A public or private way not more than twenty-five feet (25) wide affording only secondary means of access to abutting property.
A business which sells items whose value is greater than original purchase price because of age or intrinsic values.
A room or group of rooms used as a dwelling for one (1) family unit which does its cooking therein.
A building or portion thereof used or intended to be used as the home of four (4) or more families or households living independently of each other and equipped for the preparation of food.
Two (2) or more apartment buildings as an integral unit and occupying a lot or parcel of land in one (1) ownership connected by common water and sanitary sewer systems.
Where objects of art are created or displayed for the public enrichment or where said objects of art are displayed for purposes of sale (including the teaching of both painting and sculpturing).
Any premises and structures when used primarily for the servicing and/or repair of motor vehicles, including paint and bodywork, engine rebuilding and minor maintenance activities.
A property that is designed for and occupied as a one-family residence dwelling providing overnight accommodations to transient guests. The structure serves as the primary residence or homestead of its owner-operator with the bed and breakfast home considered to be an accessory use and not the primary use of the property. The person who owns the property must also be the operator of the establishment.
A property providing overnight accommodations to guests operated by an owner and/or operator, with premises being a commercial enterprise. This term excludes any bed and breakfast home.
A building, built and/or used for residential purposes, where meals for five (5) or more persons are served for compensation.
The maximum amount of allowable space upon which a structure or building may be erected. (Building area of the lot is the gross area covered by the structures when placed on the lot.)
Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or moveable property of any kind and which is affixed to the land.
Is one in which a main use of the lot on which it is located is conducted.
A commercial eating establishment, where snacks or meals are vended for consumption on the premises.
A structure covered with a roof and constructed specifically for the storage of one (1) or more automobiles.
The City of Weimar, Texas.
An institution, public or private, or a station for the examination and treatment of outpatients by a group of doctors, dentists, opticians, ophthalmologists, orthopedists, or other similar professional physicians.
A commercial establishment where foods are stored either in lockers, rented or leased, or in vaults in bulk for distribution to the home or other commercial businesses. There is no slaughtering of animals on the premises.
A building or portion devoted to commerce, business trade, or having to do with stores, office buildings, etc.
The City of Weimar planning and zoning commission.
A use which may be permitted in a district subject to meeting certain conditions or procedures set forth in this article.
Any structure used or occupied by three (3) or more persons recovering from illness or receiving geriatric care for compensation.
A lot abutting upon two (2) or more streets at their intersection.
A place for the care of children between the hours of 7:00 a.m. and 12:00 midnight.
Any structure and premises specifically designed for the preparation and dispensing of food and meals for consumption either indoors or in a vehicle parked on the premises or taken away for consumption in the home or other places.
Any building or portion thereof which is designed or used exclusively for residential purposes.
A building or portion thereof designed for or used by two (2) or more families or housekeeping units.
One (1) or more nontransient person(s) living as a single housekeeping unit who are related by blood, legal adoption, marriage, or conservatorship, and up to one other person who is not related to any of the family members by blood, legal adoption, marriage, or conservatorship.
An establishment where gasoline, oil and grease, or automobile accessories are sold, supplied, or dispensed to the motor vehicle trade or where motor vehicles receive limited repair, are equipped for service, or a place where any two (2) or more such activities are carried on or conducted as the principal use of the establishment.
Any premises and structure used for housing and storing more than three (3) motor-driven vehicles [that] are kept for remuneration, hire, or sale and where a retail service station may be maintained as a secondary use.
A garage wholly separated and independent of the principal building on a lot, or connected to the principal building by an enclosed or latticed passageway, pagoda, arbor, or covered walk.
A commercial use customarily carried on in the home by members of the occupant family without structural alterations in the principal building or any of its rooms, without the installations of machinery or additional equipment other than that customary to normal household operations, without the employment of additional persons, without the use of a sign to advertise the occupations, and which does not cause the generation of other than normal noise, and pedestrian and vehicular traffic.
A building or any portion thereof, used or designed for the housing or treatment of the sick, mentally ill, injured, convalescent or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel, apartment hotel not ordinarily intended to be occupied by said persons.
A structure:
Constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;
Built on a permanent chassis;
Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
Transportable in one or more sections; and
In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet;
Includes the plumbing, heating, air-conditioning, and electrical systems of the home; and
Does not include a recreational vehicle as defined by 24 C.F.R. section 3282.8(g).
A commercial structure as defined, under the jurisdiction and control of the Texas Department of Licensing and Regulation that meets the applicable international or national codes as may be approved by the State of Texas for such industrialized buildings, that is constructed in one (1) or more modules or constructed using one (1) or more modular components built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation system. This term does not include any commercial structure that is in excess of three (3) stories or forty-nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof.
A residential structure as defined, under the jurisdiction and control of the Texas Department of Licensing and Regulation that meets the applicable international or national codes as may be approved by the State of Texas for such industrialized buildings, that is designed for the use and occupancy of one (1) or more families, that is constructed in one (1) or more modules or constructed using one (1) or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. This term does not include any residential structure that is in excess of three (3) stories or forty-nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. This term does not mean nor apply to:
A school for more than five (5) children of preschool age in which constructive endeavors, object lessons, or educational games are prominent features of the curriculum.
The City of Weimar city council.
A HUD-code manufactured home.
Structure containing residential and nonresidential uses with the purpose to promote affordable housing and mixed income opportunities to promote increased investment into existing buildings.
A structure:
Constructed before June 15, 1976;
Built on a permanent chassis;
Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
Transportable in one or more sections; and
In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and
Includes the plumbing, heating, air-conditioning, and electrical systems of the home.
A single-family dwelling structure as defined, under the jurisdiction and control of the Texas Department of Licensing and Regulation that meets the applicable international or national codes as may be approved by the State of Texas for such modular homes. Modular homes require that plans are sealed by a registered architect or engineer and submitted to the Texas Department of Licensing and Regulation for review and approval that the construction meets the applicable international or national codes as may be adopted by the State of Texas prior to submission to the City of Weimar.
A building or group of two (2) or more detached, semi-detached, or attached buildings containing guest rooms or apartments with automobiles storage spaces provided in connection therewith, which building or group is designed, intended, or used primarily for the accommodation of automobile travelers, including groups designated as auto cabins, motor courts, motels, and similar designations.
Referred to in this article by title means the person employed or appointed by the city of that position, or his duly authorized representative.
Land, fallow, and used primarily for the grazing of animal stock.
A use specifically allowed in one (1) or more of the various districts without the necessity of obtaining a use permit.
An establishment for the purpose of supplying limited personal services such as, but not limited to, barber, shoe, boot, saddle, shine shop.
A private practitioner in planning as planning is defined in the constitution of the American Institute of Planners.
A building or portion thereof devoted to living quarters of a permanent nature or suitable for long term residency.
A retail establishment selling meats, fruits, vegetables, bakery products, light hardware, and other similar items which are purchased for use and consumption off the premises (may be drive-in or supermarket type).
Where both rooms and meals are provided for compensation for more than four (4) persons.
A group of rooms provided for compensation either in a converted single-family home or in a structure specifically designed for such purpose. No cooking facilities are provided in individual living units.
A composite arrangement of shops and stores which provides a variety of goods and services to the general public, when developed as an integral unit.
Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
One of a group of no less than four (4) attached dwelling units for each located on a separate lot.
A legal modification of the district provisions (such as yards, height, walls, fences, area, etc.) granted due to the peculiar conditions existing within a single piece of property.
A retail commercial establishment which supplies a variety of household goods, toys, limited light hardware items, candy, some clothing, and other general merchandise.
(Ordinance 05-2014 adopted 9/11/14; Ordinance 02-2018 adopted 2/8/18; Ordinance 09-2019 adopted 12/12/19; Ordinance 01-2025 adopted 2/13/2025)
§ 14.02.008 Nonconforming uses.
Except as hereinafter specified, any use, building, or structure existing at the time of the enactment of this article may be continued, even though such use, building, or structure may not conform with the provisions of this article for the district in which it is located. The right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and regulations reasonably protecting adjacent property.
(1)
Conditional uses.
Any use existing on June 8, 1984 which is listed as a conditional use in the district where it is located shall be and shall remain a nonconforming use until a conditional use permit is obtained as provided in this article.
(2)
Alteration of nonconforming uses.
No existing building or premises devoted to a use that is not permitted by this article in the district in which such building or premises is located shall be enlarged, except when required to do so by law or order, unless the use thereof is changed to a use that is permitted in the district in which such building or premises is located, and not without the prior and express authority of the commission.
(3)
Cessation of use of building or land.
For the purposes of the succeeding subsections, a use shall be deemed to have ceased when it has been discontinued for six (6) months whether with the intent to abandon said use or not.
(A)
No building or structure whether or not originally designed for a nonconforming use, where such use has ceased for six (6) months or more.
(B)
The use of land (without building) which does not conform to the provisions of this article shall be discontinued within six (6) months from the enactment of this article. The nonconforming use of land which becomes nonconforming by reason of subsequent amendments to this article shall be discontinued within six (6) months from the date of such amendment.
(4)
Construction approved prior to adoption of this article.
Nothing herein shall be construed to require any change in the overall plans, construction, or designated use of any development, structure, or part thereof, section, or any amendment thereto where construction thereof, conforming with such plans, shall have been started prior to the effective date of this article or any amendment, and where such construction shall have been completed in a normal manner within the subsequent six (6) month period, with no interruption, except for reasons beyond the builder’s control.
(5)
Unsafe buildings; repair of.
Nothing in this article shall be construed to prohibit the strengthening or repair of any part of any building or structure declared unsafe by proper authority.
(6)
Nonconforming signs.
All nonconforming signs, billboards, or commercial advertising structures may be continued for a period of one (1) year from the adoption of this article, unless shorter periods provided for in other portions of this code.
(7)
Damage or destruction.
Any nonconforming structure which is damaged more than eighty percent (80%) of its then appraised tax value by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed and used as it was before such happening. If such structure is damaged less than eighty percent (80%) of its then appraised tax value, it may be restored, reconstructed, or used as before, provided that such restoration or reconstruction is completed within eighteen (18) months of the damaging event.
(8)
Repairs and maintenance.
A nonconforming structure may be repaired and maintained as necessary to keep it in sound condition, but no structural alterations shall be made unless required by law or ordinance or unless authorized by the board. Except as otherwise provided in this article, the total structural repairs and alterations that may be made to a nonconforming structure, exceed fifty percent (50%) of its appraised values for tax purposes at such time.
(9)
Moving of nonconforming structure or building.
No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to conform to all the regulations of the district.
(Ordinance 05-2014 adopted 9/11/14)
§ 14.02.031 Establishment of the districts.
§ 14.02.032 Schedule of district regulations adopted.
(a)
Agriculture-open space district (A/O).
(1)
Purpose.
This district includes lands within the corporate limits of the city which are not subdivided and relatively undeveloped where continued use of land is allowed for agricultural purposes, including farms, ranches, orchards, truck farms and nurseries. It may also include those areas mentioned in section 14.02.008(3). This district is designed to promote orderly, timely, economical growth and to recognize current conditions. It is a reserved area in which the future growth of the city can occur.
(2)
Permitted uses.
Refer to part II of this division.
(3)
Conditional uses permitted.
Refer to part II of this division.
(b)
Residential 1 district (R-1).
(1)
Purpose.
This district includes lands within the city limits subdivided for single-family residential purposes and associated uses. The district is designed to provide sufficient, suitable, residential neighborhoods, protected from incompatible uses, provided with necessary facilities and services.
(2)
Permitted uses.
Refer to part II of this division.
(3)
Conditional uses permitted.
Refer to part II of this division.
(4)
Parking requirements.
Refer to section 14.02.038(6).
(5)
Sign regulations.
Refer to section 14.02.038(7).
(c)
Residential 2 district (R-2).
(1)
Purpose.
This district includes lands within the city limits subdivided for single and multiple-family dwelling purposes and associated uses. It may be utilized as a transitional zone between low to moderate density residential and commercial uses.
(2)
Permitted uses.
Refer to part II of this division.
(3)
Conditional uses permitted.
Refer to part II of this division.
(4)
Parking requirements.
Refer to section 14.02.038(6).
(5)
Sign regulations.
Refer to section 14.02.038(7).
(d)
Manufactured home residential (R-3).
(1)
Purpose.
This district includes lands within the city limits subdivided for placement of manufactured homes and lands within the city limits developed as manufactured home parks. All manufactured homes must be placed within a manufacture home subdivision or within a manufactured home park. Those manufactured homes that have been placed on lots in the city prior to adoption of this ordinance are exempt from this zoning restriction for so long as they are occupied.
(2)
Permitted uses.
Refer to part II of this division.
(3)
Conditional uses permitted.
Refer to part II of this division.
(4)
Parking requirements.
Refer to section 14.02.038(6).
(5)
Sign regulations.
Refer to section 14.02.038(7).
(e)
Commercial district (C-1).
(1)
Purpose.
This district is composed of uses constituting retail goods and consumer services to residents of the urban and trade areas of the city, as well as to visitors. The district also provides space for financial, administrative, and business services compatible with the function of the focal point of community activity and its intensive development.
(2)
Permitted uses.
Refer to part II of this division.
(3)
Conditional uses permitted.
Refer to part II of this division.
(4)
Parking requirements.
Refer to section 14.02.038(6).
(5)
Sign regulations.
Refer to section 14.02.038(7).
(f)
Commercial district (C-2).
(1)
Purpose.
This district provides space for commercial activities which because of the nature of such activity is not completely compatible with the purpose and activities of district C-1. Such activities would include light manufacturing, light industry, hotels, motels, and large apartment complexes.
(2)
Permitted uses.
Refer to part II of this division.
(3)
Conditional uses permitted.
Refer to part II of this division.
(4)
Parking requirements.
Refer to section 14.02.038(6).
(5)
Sign regulations.
Refer to section 14.02.038(7).
(g)
Industrial district (M-1).
(1)
Purpose.
This district includes industrial activities and provides an environment exclusively for, and conducive to, the development and protection of such activities.
(2)
Permitted uses.
Refer to part II of this division.
(3)
Conditional uses.
Refer to part II of this division.
(4)
Parking requirements.
Refer to section 14.02.038(6).
(5)
Sign regulations.
Refer to section 14.02.038(7).
(h)
Conditional uses (all districts).
The following uses may be permitted in any district when they meet special regulations and conditions prescribed by the commission through the issuance of a use permit. Detailed examination of proposed location and use characteristics is necessary to maximize compatibility.
(1)
Church;
(2)
Community buildings - meetings, recreational;
(3)
Telephone exchange;
(4)
Temporary signs;
(5)
Public library;
(6)
Municipal service facilities and buildings;
(7)
Parks, playfields, and playgrounds;
(8)
Public swimming pool;
(9)
School, public or denominational;
(10)
Temporary structures (construction, real estate, etc.);
(11)
Used structures (buildings moved from another location).
(i)
Existing use (all districts) regarding manufactured homes.
Notwithstanding any other provision of this Code:
(1)
In the event that a manufactured home occupies a lot in a municipality on September 11, 2014, the owner of the manufactured home is granted a single replacement opportunity, in which the existing manufactured home is removed from its location and another manufactured home placed on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home; and
(2)
An owner’s ability to replace a manufactured home as a result of a fire or natural disaster is restricted. Other than in the case of a fire or natural disaster, the ability of the owner to replace his manufactured home is expressly limited to a single replacement.
(Ordinance 09-2019 adopted 12/12/19)
§ 14.02.033 Official zoning map.
(a)
The city is hereby divided into the above zones, or districts, as shown on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this article. The official zoning map shall be identified by the signature of the mayor attested by the city secretary and bearing the seal of the city.
(b)
If, in accordance with the provisions of this article and chapter 211, Texas Local Government Code, as amended, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map, promptly after the amendment has been approved by the legislative body, with an entry on the official zoning map signed by the mayor and attested by the city secretary. No amendment to this article which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map.
(c)
No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this article. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this article and punishable as provided for hereafter.
(d)
Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the city secretary, shall be the final authority as to the current zoning status of the land and water areas, buildings, and other structures in the city.
(Ordinance 05-2014 adopted 9/11/14)
§ 14.02.034 Replacement of official zoning map.
In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature and/or number of changes and additions, the city council may, by resolution, adopt a new official zoning map, which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city secretary, and bearing the seal of the city. 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.
(Ordinance 05-2014 adopted 9/11/14)
§ 14.02.035 Rules for interpretation of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
(1)
Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.
(2)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following city limits shall be construed as following such city limits.
(4)
Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main tracks.
(7)
Where a district boundary line divides a lot which was in a single ownership at the time of passage of this article, the commission may permit, as special exception, the extension of the regulations for either portion of the lot not to exceed fifty feet (50') beyond the district one [line] into the remaining portion of the lot.
(Ordinance 05-2014 adopted 9/11/14)
§ 14.02.036 Application of district regulations.
(a)
Uniformity.
The regulations set by this article within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:
(1)
No building, structure, or land shall hereafter be used or, occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(2)
No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building or use for the purpose of complying with this article, shall be, included as part of a yard, open space, or off-street parking or loading space similarly required for any other building or use.
(b)
Newly annexed territory.
Any territory hereafter annexed to the city shall be classified for A-O (agriculture-open space) only, unless otherwise determined by the planning commission and city council at the time of extension. The procedure for establishing initial zoning other than A-O and subsequent zoning on annexed territory shall conform to the procedure established law for the adoption of normal zoning classifications and regulations. Subsequent to annexation the new territory may be rezoned by the city council for a land use consistent with the comprehensive plan and on the recommendation of the planning commission. In an area classified A-O no person shall erect, excavate, construct or proceed or continue with the erection or construction of any building or structure or add to, enlarge, move, improve, alter, repair, convert, or extend or demolish any building or structure or cause the same to be done in any newly annexed territory to the city without first applying for and obtaining a building permit therefor from the building official as may be required in applicable city ordinances.
(Ordinance 05-2014 adopted 9/11/14)
§ 14.02.037 Requirements.
District | Minimum Lot Area (Gross) | Minimum Lot Width | Minimum Lot Depth |
|---|---|---|---|
A-0 | Acre | 200' | 220' |
R-1 | 6,000 SF1 | (1) 50' | 120' |
7,200 SF2 | (2) 60' | 120' | |
R-2 | 6,000 SF3 | 50' | 120' |
C-1 | 6,000 SF | 60' | 100' |
C-2 | 3,000 SF | 25' | 120' |
M-1 | 5,000 SF | – | – |
1 | = | Interior lot |
2 | = | Corner lot |
3 | = | For townhouse or rowhouse development, the required lot area shall be negotiated with the city planning commission. |
If a lot size variance application comes before the commission meeting the Minimum Lot Area (SF) as required in this section, but does not meet the minimum lot depth, the commission shall evaluate for variance approval or disapproval based upon the lot(s) access to utilities, conformity with the surrounding lots, traffic safety, parking, and any other issue that the commission deems relevant.
(Ordinance 03-2019 adopted 5/10/19)
§ 14.02.038 Supplementary district regulations.
The following supplementary district regulations are hereby adopted and shall apply in all cases where specified by this article:
(1)
Visibility at intersections in residential district.
On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vehicle driver’s vision at intersections.
(2)
Fences, walls, and hedges.
Notwithstanding other provisions of this article, fences, walls, and hedges maybe permitted in any yard, or along the edge of any yard, provided that such fences, walls, or hedges, along lot lines at street intersections do not impair visibility at the intersection. In no way shall a fence be constructed on public street or alley right-of-way or within an area defined by lines of joining points located fifteen feet (15') back from the intersection of all curblines extended.
(3)
Erection of more than one principal structure on a lot.
In any district more than one (1) structure housing a permitted (or permissible) principal use may be erected on a single lot but such structure shall be constructed as though each were on individual lots.
(4)
Structures to have access.
Every building hereafter erected, placed or moved shall be on a lot with direct access on a public street, or with access to a municipality approved private street. All structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required on-site parking.
(5)
Special requirements for manufactured homes.
All manufactured homes as defined in section 14.02.007 shall require, prior to occupancy, skirts and tie downs which meet with the requirements of the manufactured home regulations of the city.
(6)
Minimum parking requirements.
It is the purpose of this section to provide guidelines for off-street parking spaces consistent with the proposed land use in order to eliminate occurrence of nonresident on-street parking in adjoining neighborhoods, avoid the traffic congestion and public safety hazards caused by a failure to provide such parking spaces, and expedite the movement of traffic on public thoroughfares. In all districts, for every use, there shall be provided at the time any building or structure is erected or enlarged or increased in capacity, or at the time any other use is established, off-street parking spaces for automobiles in accordance with generally accepted planning guidelines tempered with common sense.
(7)
Sign regulations.
(A)
In all use districts:
(i)
The size of sign for the purpose of this subsection shall be measured from the outside dimensions of the sign and frame. Each business building shall be allowed one sign and limit signs to a height of 5 feet not to exceed 24 sq. ft. in area if mounted on the ground. The sign must be parallel to the main opening of the business unless an exception is made by the commission. The sign may not obstruct visibility of traffic, and in a commercial district a sign may be mounted on the wall of the building and can be any size.
(ii)
A temporary sign pertaining to the lease, rental, or sale of the premises or structure located on such premises or structure may not exceed ten (10) square feet in area in any “R” or “C” district.
(iii)
One (1) ground sign announcing or describing a legally approved subdivision or development may be temporarily built on such property. It may not exceed three hundred (300) square feet in area.
(iv)
All temporary signs shall be reviewed annually by the commission, who may order their removal if substantially complete, or a reasonable time for completion has elapsed, or the sign has ceased to be needed, or the sign is a hazard to traffic or public safety.
(v)
As a special exception, the commission may permit in any district, the erection of directional or identification signs for any government building, facility, or area.
(vi)
As a special exception, the commission may permit such modification of the requirements of this subsection as may be found necessary to avoid inconvenience arising because of the location of existing structures or of topography. In no case may the board authorize a private sign on or over public property.
(vii)
Before placement of any sign in a newly annexed area of the city, a request must be made before the commission for their approval.
(B)
In residential districts (including mobile homes): A professional person, or person having a legal home occupation, may display a nameplate on the face of the building or porch. It shall be attached directly to, and parallel to the face of the building or porch. It may not exceed four (4) square feet in area, be illuminated in any way, or project more than six inches (6") beyond the face of the building.
(C)
In nonresidential districts:
(i)
Business signs may be erected in front yards in “C” and “M” districts provided they do not extend on or over public property, do not interfere with visibility of vehicle operators, and do not contain flashing or intermittent lighting or movement that may distract vehicle operators.
(ii)
A business sign or nameplate is permitted in “C” and “M” districts when listing only the name and address of the business and when displayed parallel with and on the face of the structure.
(iii)
In “M” districts no sign may exceed one hundred (100) square feet in area.
(iv)
In “C” districts where shopping centers are developed, one (1) pole sign not more than twenty-five feet (25') in height naming the center and occupants may be erected on each major street frontage.
(v)
If illuminated, any of the signs described above shall be indirectly lighted so that the light source can not be seen from any public way or adjoining property. No flashing or intermittent lights are permitted.
(8)
Special requirements for modular and industrialized housing.
All modular and industrialized as defined in section 14.02.007 shall be required to:
(A)
Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the modular or industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located;
(B)
Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 50 feet of the lot on which the modular or industrialized housing is proposed to be located;
(C)
Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings; and
(D)
Be securely fixed to a permanent foundation.
(9)
Special requirements for bed and breakfasts.
All bed and breakfast uses as defined in section 14.02.007 shall be required to:
(A)
Submit site plan of proposed uses in regards to parking, additional construction that adds structures or increases primary structure’s square footage, and shows properties within 200 feet of the lot intended to be used as a bed and breakfast. On the lower right corner of the submitted site plan, shall have a place for the property owner’s signature declaring that the bed and breakfast use is as a bed and breakfast home or a bed and breakfast inn and attesting that a change in the use will require approval by the commission,
(B)
Prohibit on-street parking use by bed and breakfast customers and have sufficient off-street parking for bed and breakfast customers,
(C)
Show all proposed improvements to the primary structure’s exterior, additional structures to be constructed, and signage for commission approval prior to building permit application,
(D)
Follow sign regulations of this chapter reference subsection 14.02.038(7), and
(E)
Place all refuse and recycling containers on a concrete pad screened by a combination of fencing and landscaping on three sides.
(10)
Special requirements for mixed use.
All mixed uses as defined in section 14.02.007 shall be required to:
(A)
Prohibit on-street parking use by mixed use residents and their visitors and have sufficient off-street parking for mixed use residents and their visitors,
(B)
Show all proposed improvements to the primary structure’s exterior, additional structures, and signage for commission approval prior to building permit application, and
(C)
Show all proposed improvements to the primary structure’s exterior and additional structures to be constructed.
(Ordinance 05-2014 adopted 9/11/14; Ordinance 02-2018 adopted 2/8/18; Ordinance 04-2018 adopted 6/14/18; Ordinance 09-2019 adopted 12/12/19; Ordinance 01-2023 adopted 2/9/2023)
§ 14.02.061 A-O Agricultural/open space district.
(b)
Conditional uses.
(1)
Aircraft sales, service, rental, repair.
(2)
Airports, landing strips, terminal facilities.
(3)
Automobile rental.
(4)
Barn, stable for keeping public or private animal stock.
(5)
Bed and breakfast. Refer to section 14.02.038(9).
(6)
Broadcast towers for radio, TV or microwave.
(7)
Commercial amusements.
(8)
Poultry production (no processing or sales on premises).
(9)
Sand and gravel extraction.
(Ordinance 05-2014 adopted 9/11/14; Ordinance 09-2019 adopted 12/12/19)
§ 14.02.062 R-1 residential district.
§ 14.02.063 R-2 residential district.
§ 14.02.064 R-3 manufactured home residential district.
§ 14.02.065 C-1 commercial district.
(a)
Uses permitted in R-2, plus:
(1)
Administrative and professional offices.
(2)
Art studio.
(3)
Barber shop, beauty parlor.
(4)
Book store (retail, wholesale sales).
(5)
Cafe, restaurant.
(6)
Cafeteria.
(7)
Cleaner, pickup station.
(8)
Clinic (public and private).
(9)
Domestic household equipment rental, storage.
(10)
Drug store and/or pharmacy.
(11)
Florist.
(12)
Government offices (state, county and local).
(13)
Indoor theatres and motion-picture houses.
(14)
Men, women, children’s wearing apparel shop.
(15)
Music and/or dance schools or studios.
(16)
Photographic studio and/or photo processing laboratory.
(17)
Real estate office.
(18)
Retail drug and specialty shop.
(19)
Retail food (drive-in or supermarket).
(20)
Retail furniture and appliances.
(21)
Shoe shop.
(22)
Variety store.
(23)
Uses similar to above when approved by commission.
(b)
Conditional uses in R-2, plus:
(1)
Drive-in eating establishment.
(2)
Mixed uses (uses allowed in C-1 with residential use within the same primary structure). Refer to section 14.02.038(10).
(Ordinance 05-2014 adopted 9/11/14)
§ 14.02.066 C-2 general commercial district.
(a)
Uses permitted in C-1, plus:
(1)
Automobile repair garage (when fully enclosed).
(2)
Automobile sales, new or used, building, lot and garage.
(3)
Bowling alley.
(4)
Cold storage plant.
(5)
Domestic household equipment rental, storage.
(6)
Farm implement sales (new or used, storage, repair).
(7)
Gas and electric public utility regulator stations.
(8)
Garden (including greenhouse for commercial purposes).
(9)
General hardware sales.
(10)
Government offices (federal, state, county or local).
(11)
Household appliance repair.
(12)
Lumber and building materials (sales and/or storage).
(13)
Mobile home sales, storage.
(14)
Monument sales.
(15)
Printing and reproduction processing shop.
(16)
Private lodges (fraternal orders).
(17)
Radio, TV repair.
(18)
Radio, TV station or studio (no towers).
(19)
Sign shop.
(20)
Tire shop (no vulcanizing or retreading).
(21)
Trailer and/or accessory equipment sales, rental or storage.
(22)
Uses similar to above when approved by commission.
(b)
Conditional uses in R-2, plus:
(1)
Antique shop.
(2)
Arena-coliseum.
(3)
Automobile carwash.
(4)
Automobile rental.
(5)
Automobile repair garage (when not fully enclosed).
(6)
Boarding kennel (public).
(7)
Carting, crating, express hauling or storage.
(8)
Cleaner, dry and pressing plant laundry and/or liner supply.
(9)
Commercial recreation.
(10)
Daycare center.
(11)
Drive-in eating establishment.
(12)
Food products processing plant (less than five employees).
(13)
Heavy equipment repair or rental.
(14)
Hospital, general (public or private).
(15)
Instrumentation and testing laboratory.
(16)
Kindergarten.
(17)
Mixed Uses. (uses allowed in C-2 with residential use within the same primary structure). Refer to section 14.02.038(10).
(18)
Nursery (commercial greenhouse).
(19)
Retail service station.
(20)
Storage yards for contractor’s material (corp. yard).
(21)
Used furniture, appliance stores (sales or service).
(22)
Wholesale sales (general) enclosed within building.
(Ordinance 09-2019 adopted 12/12/19)
§ 14.02.067 M-1 industrial district.
(b)
All conditional uses permitted in C-2 (with the exception of dwelling units, daycare centers, and kindergartens), plus:
(1)
Athletic field.
(2)
Automobile wrecking (sales and storage).
(3)
Batching plant (concrete).
(4)
Broadcast towers (radio, TV, microwave).
(5)
Food products processing plant.
(6)
Grain processing and storage.
(7)
Motor freight terminal and/or warehouse.
(8)
Salvage yard.
(9)
Sand and gravel pit.
(10)
Storage tanks (for petroleum and explosive products).
(11)
Tire shop (vulcanizing and retreading).
(12)
Slaughterhouses.
(Ordinance 05-2014 adopted 9/11/14)