1.01. Enacting Clause. The City Council by ordinance and by the authority of Tex. Local Gov’t Code Chapter 211.003, enacts and adopts these regulations as the official zoning ordinance for the City of Cleburne, Texas.
1.02. Purpose.
A. Implementation of the comprehensive plan. The zoning regulations and districts established in this Zoning Ordinance have been made according to the comprehensive plan to promote the health, safety, and general welfare of the city. The City Council adopts these zoning regulations and districts to achieve the following purposes:
1. Lessen congestion in the streets;
2. Secure safety from fire, panic, and other dangers;
3. Promote health and general welfare;
4. Provide adequate light and air;
5. Prevent the overcrowding of land;
6. Avoid undue concentration of population; and
7. Plan for and provide adequate transportation, water, wastewater, schools, parks, and other public requirements.
B. Zoning Ordinance considerations. This Zoning Ordinance creates regulations and districts with reasonable consideration for the following:
1. The character of the districts;
2. A district's suitability for the particular uses specified;
3. The conservation of the value of buildings; and
4. Identification of the most appropriate use of land throughout the city, consistent with the comprehensive plan.
C. Planning and Zoning Commission review.
1. The Planning and Zoning Commission shall periodically review potential amendments and updates to the Zoning Ordinance.
2. The Planning and Zoning Commission may, by a simple majority vote, initiate amendments to the Zoning Ordinance or, by a simple majority vote and following a public hearing, make a recommendation concerning amendments initiated by City Council or the Zoning Administrator (see subsection 5.05 Zoning Text and Map Amendments).
1.03. Zoning District Map Regulation.
A. Official Zoning District Map.
1. The city will maintain the Official Zoning District Map as a physical hard copy and an electronic file in a format easily viewed by the public using conventional computer software.
2. The Official Zoning District Map will display on its face the "Official Adoption Date" and the "Last Amended Date."
B. Incorporating updates to the Official Zoning District Map. The Zoning Administrator is responsible for the following:
1. Receiving and processing updates to the Official Zoning District Map;
2. Maintaining the official copy of the Official Zoning District Map that the city will use for reference;
3. Incorporating all subsequent amendments to the Official Zoning District Map promptly following the City Council's official adoption of each amendment;
4. Recording all amendments to the Official Zoning District Map in a log with appropriate references to the date and adopting instrument;
5. Using all reasonable means to protect the Official Zoning District Map from damage and ensure the map file's accurate restoration if the file is damaged or destroyed.
C. Replacement of a damaged, destroyed, or lost Official Zoning District Map.
1. If the Official Zoning District Map is partially or entirely damaged, destroyed, lost, suffers deterioration, or is otherwise unreadable, the City Council may adopt a new Official Zoning District Map by ordinance following a public hearing.
2. The new Official Zoning District Map that City Council adopts under this subsection replaces and supersedes any prior Official Zoning District Map following adoption.
D. Error correction. If the Official Zoning District Map includes a district that is misnamed or designated incorrectly, or depicts an incorrect zoning district or property boundary, or omits property, the Official Zoning District Map may be amended or supplemented according to the following process:
1. The property owner(s) of the affected land, the City Council, or the Planning and Zoning Commission may submit an application to the Zoning Administrator to initiate the error correction process.
2. If the correction involves the redesignation of property or the relocation of a zoning district boundary, the Zoning Administrator will process the error correction as a zoning map amendment according to subsection 5.05. Zoning Text and Map Amendments.
3. If the correction involves the correction of a typographical or scrivener's error or updating the depiction of a property boundary that will not result in the redesignation of any property or the relocation of any zoning district boundary, the Zoning Administrator may update the Official Zoning District Map.
4. The updated Official Zoning District Map will replace the previous Official Zoning District Map.
5. The Zoning Administrator will record the change consistent with subsection 1.04.B.
6. If, after application of the correction process, uncertainty still exists with respect to the boundaries of the various districts as shown on the Official Zoning District Map, the conflict shall be resolved by utilizing the appeal power of the Board of Adjustment. If, because of error or omission in the Official Zoning District Map, any property in the city is not shown as being in a zoning district, such property shall be classified as SF-20, Single-Family Dwelling District.
1.04. Zoning District Boundaries.
A. Boundary delineations. The zoning district boundary lines shown on the Official Zoning District Map are usually along streets, alleys, property lines, or extensions of these features. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning District Map, the Zoning Administrator will apply the following rules of interpretation:
1. Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerline.
2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
3. Boundaries indicated as approximately following the city limits shall be construed as following the city limits.
4. Boundaries indicated as following railroad lines shall be construed to follow the centerline of the railroad right-of- way.
5. Boundaries indicated as following the centerline of creeks, streams, or drainage ways shall be construed to follow such centerline as officially designated or recorded. If the centerline of the creek, stream, or drainage way is not designated or recorded and the centerline changes, the boundary shall be construed to move with such centerline.
6. Boundaries indicated as following the shorelines of lakes or ponds shall be construed as following the shoreline of the lake or pond depicted on the Official Zoning District Map.
7. Boundaries indicated as parallel to or extensions of features listed in subsection 1.04.A.1 through 1.04.A.6 shall be construed as following the extension of those features.
8. The scale of the Official Zoning District Map shall determine distances not indicated on the Official Zoning District Map.
9. Whenever City Council, by official action, vacates any street, alley, or public way, the zoning district line adjoining each side of the street, alley, or public way shall automatically extend to the centerline of the vacated street, alley, or public way. All areas within the abandoned street, alley, or public way are subject to all regulations of the extended districts.
10. The zoning classification applied to a tract of land or lot abutting a street extends automatically to the street centerline.
11. If physical features on the ground vary with information shown on the Official Zoning District Map, or a question arises regarding zoning boundary interpretation that the Zoning Administrator cannot resolve by applying the rules of this subsection 1.04.A, the City Council shall classify the zoning designation and boundary following a public hearing and recommendation of the Planning and Zoning Commission.
B. Zoning upon annexation (zoned vs. interim).
1. All territory annexed to the city hereafter shall be temporarily designated as A, Agricultural District until permanently zoned by City Council.
2. City Council shall establish zoning for any property it annexes into the city as soon as practicable after annexation to give the newly annexed territory a permanent zoning classification and the procedures to be followed shall be the same as provided by law for the amendment of the zoning ordinance.
3. The owner of land annexed into the city may request a zoning designation within six months with no fee applied to the request. If the owner does not request a different zoning designation within six months of the annexation action, the city will apply any fees typically associated with a zoning change under subsection 5.05.
4. In an annexed area temporarily classified as A, Agricultural District, no construction of a building other than those allowed in the A, Agricultural District shall be permitted unless such construction has been specifically authorized by Council and a permit issued. Construction of buildings other than those permitted in A, Agricultural District may be authorized in newly annexed areas prior to permanent zoning only in the following manner:
a. An application for any use shall be made to the Zoning Administrator. The application shall show the use contemplated, a plat showing the size of the lot or tract of land proposed to be used, and the location, size, and type of buildings proposed to be constructed.
b. Such application shall be referred by the Zoning Administrator to the Planning and Zoning Commission for consideration.
c. The Planning and Zoning Commission shall make its recommendation to the City Council after giving due consideration to the land use plan for the area in which the application is located.
d. Whenever such a recommendation is filed with the City Council, it shall be advisory only and the City Council may grant or deny the application as the facts may justify.
e. If approved by the City Council, the applicant may apply for a building permit provided the building permit application is consistent with City Council authorization.
1.05. Compliance Required; Interpretation; Rules of Construction.
A. Compliance required. This Zoning Ordinance applies to all land, buildings, structures, or appurtenances located within the City of Cleburne that are in any way occupied, used, erected, altered, removed, placed, demolished, or converted from one form or use to another.
B. Interpretation.
1. Restrictiveness. When the regulations in this Zoning Ordinance conflict with conditions of another applicable law, ordinance, resolution, rule, or regulation, the Zoning Administrator will apply the more restrictive regulation where authorized by law.
2. Abrogation of private agreement. These Zoning Ordinance regulations do not abrogate any easement, covenant, or other private agreement.
3. Cumulative effect. These Zoning Ordinance regulations are cumulative. Where allowed by law, and where these regulations address the subject matter of a resolution or ordinance, these regulations may impose additional limitations upon existing resolutions and ordinances or those that City Council may adopt in the future.
C. Rules of construction. The following rules of construction will determine the interpretation of these Zoning Ordinance regulations:
1. Person or entity. “Person” includes any individual, developer, corporation, organization, trust, LLC, or other entity authorized under these Zoning Ordinance regulations to submit a development or zoning application.
2. Number. The singular number includes the plural and the plural the singular.
3. Tense. The present tense includes the past and future tenses, and the future the present.
4. Mandatory and permissive language. The words “shall” and “must” are mandatory, and the word “may” is permissive.
5. Gender terms. Where any term includes a gender-specific pronoun, the use of that term includes all gender.
6. Parentheses. Unless otherwise explicitly stated in the same section, any word, term, number, abbreviation, or acronym that appears in parentheses directly after a word, term, number, or phrase is intended to be construed in the same sense as the word, term, number, or phrase that appears immediately before the parenthetical. (For example, in the phrase "three (3) feet," the written "three" and the parenthetical "(3)" are intended to communicate the same distance in both a written and numeric format and are not to be construed as separate units of distance.)
7. Conflicts. If there is a conflict between one or more sections of this Zoning Ordinance, the Zoning Administrator will interpret the applicable regulation according to the following rules:
a. The applicable written text in the body of the Zoning Ordinance controls over any charts, graphics, or footnotes in the Zoning Ordinance; and
b. If a conflict arises between Section 155.2, Zoning Districts and other sections in these Zoning Ordinance regulations, the other section will govern.
1.06. Decision-Maker Authority.
Table 1: Decision-Maker Authority
City Council Responsibilities | |
Subsection 5.05 | Approving or denying zoning text and map amendments |
Subsection 5.08 | Approving or denying a PD, Planned Development District |
Subsection 5.09 | Approving or denying specific use permit (SUP) |
Planning and Zoning Commission Responsibilities | |
Subsection 5.05 | Recommending approval or denial of zoning text and map amendments |
Subsection 5.08 | Recommending approval or denial of a PD, Planned Development District |
Subsection 5.09 | Recommending approval or denial of Specific Use Permit (SUP) |
Board of Adjustment Responsibilities | |
Subsection 5.10 | Approving or denying amortization of nonconforming uses |
Subsection 6.01 | Approving or denying zoning regulation appeal |
Subsection 6.02 | Approving or denying zoning variance |
Subsection 6.03 | Approving or denying zoning special exception |
Zoning Administrator Responsibilities | |
Subsection 1.03 | Maintaining and processing updates to the Official Zoning District Map |
Subsection 1.05 | Interpretation of the Zoning Ordinance |
Subsection 5.01 | Overseeing general application processing |
Subsection 5.01.C | Maintaining application forms |
Subsection 5.01.E | Determining completeness of zoning applications |
Subsection 5.03 | Approving or denying alternative compliance requests |
Subsection 5.04 | Issuing required public notice |
Subsection 5.07 | Approving or denying a site plan |
Building Official Responsibilities | |
Subsection 5.06 | Issuance of certificate of occupancy |
(Ord. 04-2022-34, passed 4-12-22)