§ 4.4. Establishment of Zoning Districts

The following Zoning Districts are hereby established for the City as authorized by the City Charter and Chapter 211 of the Texas Local Government Code:

DISTRICT CODE	DISTRICT NAME
AG	Agricultural - Homestead
SF-1	Estate Residential
SF-2	Low Density Single-Family Residential
SF-3	Low-Medium Density Single-Family Residential
SF-4	Medium Density Residential
SF-5	Medium-High Density Single-Family Residential
SF-6	High Density Single-Family Residential
TF-1	Duplex
MF-1	Multi Family
MF-2	Multi Family
MH-1	Manufactured Housing
MH-2	Mobile Home Park
C-1	Neighborhood Commercial
C-2	Community Retail/Service
C-3	General Retail/Office
C-4	General Commercial
PF	Public Facilities (Parks and Institutional Facilities)
I-1	Light Industrial
I-2	Heavy Industrial
MURE	Mixed Use Regional Employment Center
OT	Old Town Mixed Use Overlay
78	FM 78 Mixed Use Overlay
TC	Town Center Mixed Use Overlay

 

4.4.1

Official Zoning Map

The City is hereby divided into the above Zoning 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 the Code of Ordinances of the City. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Secretary, and bear the Seal of the City under the following words:

" This is to certify that this is the Official Zoning Map referred to in City Code of Ordinances, Appendix A, commonly referred to as the Unified Development Code (UDC). "

If, in accordance with the provisions of this UDC, as amended, changes are made in the District boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map, within thirty business days after the amendment has been approved by the City Council and signed by the Mayor.

Approved zoning changes shall be entered on Zoning Map Amendment archive map and each change shall be identified on the map by the ordinance number making the change.

No change of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with procedures set forth in this Ordinance. Any unauthorized change shall be null and void and have no force or effect.

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 all areas in the City.

4.4.2

Digital Mapping

Digital maps, created through the use of geographical information system technology, containing registration points recorded on the Texas State Plane Coordinate System, as amended, may be used in the administration and enforcement of this Ordinance, but will not replace the paper originals of official maps required by this Ordinance.

4.4.3

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 shall, by ordinance, 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 and date under the following words:

"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. 1048 of the City, Texas."

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. The City shall initiate creation of a revised Official Zoning Map consistent with the provisions of this Ordinance.

4.4.4

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:

A.

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.

B.

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

C.

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

D.

Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main line.

E.

Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.

F.

Boundaries indicated as parallel to or extensions of features indicated above shall be so construed. Distances not specifically indicated in a classification amendment shall be determined by the scale of the map.

G.

Where physical features, such as streets, railroad lines, rivers, streams and such, existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered above, the Planning and Engineering Services Director shall make a written interpretation of the District boundaries, for approval by the City Manager.

4.4.5

Uniform Application of District Regulations

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 the zoning regulations herein specified for the District in which it is located.

4.4.6

Overlay District Applicability

The Mixed Use Overlay Districts defined herein (OT, 78, TC) include requirements specific to the designated areas as defined on the Official Zoning Map. The requirements in the overlay districts are in addition to existing zoning requirements in the corresponding zoning districts. Standards and requirements not specifically addressed in the mixed use overlay requirements but provided for in this UDC for similar development shall apply. In the case of conflicting zoning requirements between existing zoning and the overlay district, the most restrictive requirements shall apply.

4.4.7

Classification of New and Unlisted Uses

It is recognized that new types of land uses will develop and forms of land use not anticipated may seek to locate in the City. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

A.

The question concerning any new or unlisted use shall be determined by the City Planner. The City Planner may choose to refer the matter to the Planning and Zoning Commission for an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated, and the general requirement for public utilities such as water and sanitary sewer. An applicant may appeal the decision of the City Planner with respect to the classification of a new or unlisted use.

B.

The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted.

C.

If the Planning and Zoning Commission determines that the proposed use should be added to the Schedule of Permitted Uses (Article 13 of this UDC), the UDC shall be amended after public hearings before the Planning and Zoning Commission and the City Council. If the Planning and Zoning Commission determines that the proposed use fits within the definition of a use currently listed in the Schedule of Permitted Uses, it shall transmit such finding, together with an appropriate parking requirement, in recommendation form to the City Council. The City Council shall by simple majority vote with respect to the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate based on its findings and direct staff accordingly.

4.4.8

Prohibited Uses

No land or building shall be used or occupied for a use which will in any manner create an unreasonable potential hazard to the general public, health, safety and welfare, as, for example, but not by way of limitation, any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazardous conditions; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, movement of air, electrical or other disturbances; glare; or liquid or solid wastes in a manner or amount not conforming to the appropriate performance standards of this UDC.

4.4.9

Annexation

All territory which may hereafter be annexed into the City shall automatically be classified as Agricultural (AG) until such time as permanent zoning is requested, per the Zoning Map Amendment Process, as prescribed by this ordinance. The City Council shall assign permanent zoning to annexed properties within eighteen (18) months of the completion of annexation proceedings, or as soon as is practical following annexation. The City Council can consider the Agricultural district as a permanent zoning designation through the Zoning Map Amendment Process, as prescribed by this UDC.