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Wolfforth City Zoning Code

ARTICLE 14

01 GENERAL PROVISIONS 1

[1]
Editor’s note–This chapter consists of the zoning ordinance, as provided by the city as adopted March 31, 2022. The zoning ordinance printed herein has the amendments adopted through March 31, 2023, consolidated in the text without notation. Section numbers, style, capitalization and formatting have been changed to be consistent with the remainder of the Code of Ordinances, and this will be maintained in future amendments to this chapter. Changes in the names of state agencies have been incorporated without notation. The term "City of Wolfforth" has been changed to "city." Obviously misspelled words have been corrected without notation. Any other material added for purposes of clarification is enclosed in brackets.

§ 14.01.001 Title.

This chapter shall be known and may be cited as the "Zoning Ordinance of the City of Wolfforth," or simply as the "zoning ordinance."
(Ordinance adopted 3/21/2022)

§ 14.01.002 Authority.

This chapter is adopted pursuant to the powers granted and limitations imposed by the constitution and laws of the State of Texas and common law that are relevant and appropriate.
(Ordinance adopted 3/21/2022)

§ 14.01.003 Applicability and jurisdiction.

The provisions of this chapter shall apply to the use and development of all land within the city, unless specifically provided otherwise in this chapter.
(Ordinance adopted 3/21/2022)

§ 14.01.004 Purpose.

This chapter is adopted for the purpose of promoting the public health, safety and general welfare of the citizens of the city. It is adopted in accordance with and is intended to complement the city's comprehensive plan. More specifically, this chapter is intended to fulfill one or more of the following purposes:
(1) 
Preserve and enhance the integrity, stability and livability of residential neighborhoods;
(2) 
Maintain property values by stabilizing expectations and ensuring predictability in development;
(3) 
Prevent or minimize land use incompatibilities and conflicts;
(4) 
Prevent overcrowding of buildings and over development of sites and excessive concentrations of population or commercial activities;
(5) 
Encourage commercial revitalization;
(6) 
Preserve and enhance the city's natural environment and avoid natural hazards in the development of the city;
(7) 
Balance the protection of community and neighborhood resources with the need to promote economic development and protect individual property rights;
(8) 
Maintain opportunities for development and redevelopment to respond to changes in the marketplace, while respecting the character of surrounding areas; and
(9) 
Establish a process that effectively and fairly applies the regulations and standards of this chapter and respects the rights of property owners and the interests of citizens.
(Ordinance adopted 3/21/2022)

§ 14.01.005 Conflict with other laws.

Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or laws, those imposing the higher standards or those deemed more restrictive shall govern. However, this chapter is not intended to supplant or replace private deed restrictions and covenants, except where coincident with the provisions of this chapter and any other lawfully adopted rules, regulations or laws.
(Ordinance adopted 3/21/2022)

§ 14.01.006 Compliance with zoning district standards.

All development and use of land in the city shall comply with the following standards.
(1) 
No building, structure or land shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, installed or structurally altered, except in conformance with all the regulations specified in this chapter.
(2) 
The lot area, required yards and other open spaces provided in connection with any structure or use, in order to comply with the regulation specified in this chapter, shall be situated on the same lot as the structure or use.
(3) 
No part of a yard, open space or off-street parking and loading area required in connection with this chapter shall be included as part of a yard, open space, off-street parking or loading area similarly required for another building, except as allowed under specific provisions for shared parking facilities (see section 14.05.011, Off-street parking standards).
(4) 
No yard or lot existing on the effective date of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established herein.
(Ordinance adopted 3/21/2022)

§ 14.01.007 Permits issued in conflict with ordinance.

Any permit issued in conflict with the provisions of this chapter shall be null and void and may not be construed as waiving any provisions of this chapter.
(Ordinance adopted 3/21/2022)

§ 14.01.008 Official zoning map.

The boundaries of the zoning districts established by this chapter shall be shown on a map or series of maps entitled "official zoning map," an up-to-date copy of which shall be maintained in the office of the city secretary.
(Ordinance adopted 3/21/2022)

§ 14.01.009 Transitional provisions.

(a) 
This chapter is not intended to abrogate or annul (1) any permits issued before the effective date of this chapter, or (2) any easement, covenant or any other private agreement.
(b) 
Except as specifically provided, the provisions of this chapter shall not affect any building permit issued or any valid building permit application filed prior to the effective date of this chapter, provided that construction pursuant to such permit, if and when issued, is commenced within 6 months of the date of issuance of the permit and diligently pursued to completion.
(c) 
No presently illegal use shall be deemed to have been legalized unless such use specifically falls within a zoning district where the actual use is a conforming use. Otherwise, such uses shall remain legally nonconforming uses where recognized, or an illegal use, as the case may be.
(d) 
No offence committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this chapter; but prosecutions and suits for such offences, liabilities, penalties or forfeitures may be instituted or causes presently pending continued.
(e) 
If a use lawfully occupying land or buildings is classified by the use table in section 14.03.008 as a conditional use in the zoning district in effect on the effective date of this chapter, such use shall not be considered a nonconforming use. The existing use shall be considered a lawful conditional use, the same as if the planning commission had expressly approved the location of that use on the lot where existing at the effective date of this chapter.
(Ordinance adopted 3/21/2022)

§ 14.01.010 Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this chapter.
(Ordinance adopted 3/21/2022)

§ 14.01.011 Board of adjustment created.

(a) 
There is hereby created a board of adjustment consisting of five (5) members, each to be appointed by the city council for a term of two (2) years and removable for cause by the city council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause, in the same manner as the original appointment was made. Each member reappointed or each new appointee shall serve for a full term of two (2) years unless removed as herein provided. Provided, however, that the city council may appoint four (4) alternate members of the board of adjustment who shall serve in the absence of one or more of the regular members when requested to do so by the mayor or city administrator, as the case may be, so that all cases to be heard by the board of adjustment will always be heard by a minimum number of four (4) members. The alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the regular members.
(b) 
The board shall adopt rules to govern its proceedings provided, however, that such rules may not be inconsistent with this chapter or statutes of the State of Texas. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
(Ordinance adopted 3/21/2022)

§ 14.01.012 Planning and zoning commission created.

(a) 
The planning and zoning commission shall be composed of five (5) residents of the city plus two (2) alternate members. The alternates shall serve in the absence of one or more of the regular members when requested to do so by the mayor or city administrator, as the case may be. The membership shall be appointed by the city council. The city council will consider for appointment to the commission only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, interest in planning and zoning, and availability to prepare for and attend meetings. The third absence, without prior notification, during any twelve-month period is construed as the member's resignation. It is the intent of the city council that members shall, by reason of diversity of their individual occupations, constitute a commission which is broadly representative of the community.
(b) 
The members of the commission shall be appointed for terms of two (2) years; provided, however, that the vacancies shall be filled for unexpired terms. The members of the commission shall be identified by place numbers one (1) through five (5). Commission members may be appointed to succeed themselves. Newly appointed members shall be installed at the first regular commission meeting after their appointment. Any vacancies occurring on the commission shall be filled by appointment by the city council with such appointment being for the unexpired term of such vacancy. Terms of appointed members shall be deemed extended until a successor is appointed. Members may be removed at the discretion of the city council. A quorum for the conduct of business shall consist of three (3) members of the commission. The members of the commission shall regularly attend meetings and public hearings of the commission and shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties. All meetings held by the planning and zoning commission shall be open to the public.
(Ordinance adopted 3/21/2022)