This ordinance shall be known as and may be cited and referred
to as the “Zoning Ordinance of the City of New Fairview,”
which includes narrative regulations and map.
(Ordinance 2010-01-149 adopted 1/19/10)
The purpose of this ordinance is to establish zoning regulations
and districts in accordance with the City of New Fairview Comprehensive
Land Use Plan for the purpose of promoting health, safety, morals
and general welfare of the City of New Fairview. They have been designed
to lessen congestion in the streets; to secure safety from fire, panic
and other dangers; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population;
to facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements. They have been made
with reasonable consideration, among other things, of the character
of each district and its peculiar suitability for the particular uses
specified, and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community
consistent with the City of New Fairview Comprehensive Land Use Plan.
Nothing herein shall be construed to grant “permanent”
zoning.
(Ordinance 2010-01-149 adopted 1/19/10)
The City is hereby divided into five straight zoned districts
and one special district. The use, height, and development regulations
as established are uniform in each district. The districts established
herein shall be known as follows;
Abbreviated Designation
|
Straight Zoned Districts
|
---|
A
|
Agriculture District
|
SF
|
Single-Family District
|
C
|
Commercial District
|
M
|
Manufacturing District
|
MH
|
HUD-Code Manufactured Housing District
|
|
Special Districts
|
PD
|
Planned Development District
|
(Ordinance 2010-01-149 adopted 1/19/10)
4.1 BOUNDARIES.
The boundaries of the zoning districts are delineated on the
zoning district map of the City, which is incorporated in and made
a part of this ordinance for all purposes.
4.2 ADOPTION.
Original, official, and identical copies of the zoning district
map are hereby adopted and shall be identified by the signature of
the mayor, attested by the City secretary, and bearing the seal of
the City under the following words: “This is to certify that
this is the official zoning map of the City of New Fairview, Texas,”
together with the date of adoption. The zoning district map shall
be filed and maintained as follows:
A. One copy
shall be filed with the City secretary and retained as the original
record and shall not be changed in any manner. A second reproducible
copy shall be filed with the City secretary and shall be the official
zoning district map. This map shall be maintained by posting on the
map all changes and subsequent amendments after their enactment for
the use of the City Council.
B. One copy
shall be filed with the administrative official and shall be maintained
by posting on the map all changes and subsequent amendments.
C. Reproductions
for information purposes may, from time to time, be made of the official
zoning district map.
(Ordinance 2010-01-149 adopted 1/19/10)
5.1 UNCERTAINTY
OR CONFLICTS IN DISTRICT.
A. Centerlines.
Boundaries indicated as approximately following the centerlines
of streets, highways, or alleys shall be construed to follow such
centerlines.
B. Lot Lines.
Boundaries indicated as approximately following platted lot
lines shall be construed as following such lot lines.
C. City Limits.
Boundaries indicated as approximately following City limits
shall be construed as following City limits.
D. Railroads.
Boundaries indicated as following railroad lines shall be construed
to be midway between the main tracks.
E. Shorelines.
Boundaries indicated as following shorelines shall be construed
to follow such shorelines, and in the event of change in the shoreline
shall be construed as moving with the actual shoreline; boundaries
indicated as approximately following the centerlines of streams, drainage
courses, creeks, canals, lakes, or other bodies of water shall be
construed to follow such centerlines.
F. Extensions
of Features.
Boundaries indicated as parallel to or extensions of features indicated in subsections
A through
B [A through E] above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
G. Vacated
Public Way.
Whenever any street, alley, or other public
way is vacated by official action of the City Council, the zoning
district line adjoining each side of the street, alley, or other public
way shall be automatically extended to the centerline of the vacated
street, alley, or way, and all area so involved shall be subject to
regulations of the extended districts.
H. Variance
of Physical Features and Official Zoning Map.
Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections
A through G above, the property shall be considered as classified in the “AG” Agriculture district, in the same manner as provided for newly annexed territory, and the issuance of a building permit and the determination of zoning shall be in accordance with the provisions provided in Section 6, Zoning Annexed Territory.
(Ordinance 2010-01-149 adopted 1/19/10)
6.1 CLASSIFICATION
OF NEWLY ANNEXED TERRITORY.
All territory which hereafter
is annexed to the City shall automatically be considered to be in
the “A” Agricultural district. The procedure for establishing
zoning on annexed territory shall conform to the procedure established
by state law for the adoption of original zoning regulations.
6.2 ALTERNATIVE
ZONING OF NEWLY ANNEXED TERRITORY.
The City Council or
petitioners for annexation may request alternative zoning classifications
in an area being considered for annexation. The City Council may hold
public hearings on annexation and zoning simultaneously, and may approve
the zoning of a newly annexed area at the time of annexation.
6.3 CONSTRUCTION
IN NEWLY ANNEXED TERRITORY.
No person shall erect, construct,
or proceed or continue with the erection or construction of any building
or structure, add to any building or structure, or cause the same
to be done in any newly annexed territory without first applying for
and obtaining a building permit or certificate of occupancy from the
building official. No permit for construction of a building or use
of land shall be issued by the building official other than a permit
which will allow the construction of a building permitted in the “A”
Agricultural district.
(Ordinance 2010-01-149 adopted 1/19/10)
7.1 CONFORMANCE
REQUIRED.
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 unless in conformity with all of the regulations
herein specified for the district in which it is located.
7.2 PROVISIONS
OF ORDINANCE ARE MINIMUM REQUIREMENTS.
In their interpretation
and application, the provisions of this ordinance shall be construed
to be the minimum requirements for the promotion of the public health,
safety, convenience, comfort, morals, and general welfare. Wherever
this ordinance imposes a greater restriction than imposed by other
ordinances, laws, or regulations, the provisions of this ordinance
shall govern.
(Ordinance 2010-01-149 adopted 1/19/10)
8.1 BUILDING
PERMIT REQUIRED.
No building or other structure shall
be erected, moved, added to, or structurally altered without a building
permit issued by the administrative official. No building permit shall
be issued for any building or structure except in conformity with
the provisions of this ordinance. No permit for the construction of
a building or buildings upon any land shall be issued until a building
site has been created by the land being a platted lot appearing on
a plat properly approved by the City and filed in the records of the
county clerk of Wise County.
A. Application
for building permit:
All applications for building permits
shall be accompanied by plans in triplicate, drawn to scale, showing
the actual dimensions and shape of the lot to be built upon; the exact
sizes and locations on the lot of buildings already existing, if any;
and the location and dimensions of the proposed building or alteration.
The application shall include such other information as lawfully may
be required by the administrative official, including existing or
proposed building or alteration; existing or proposed uses of the
building and land; housekeeping units or rental units the building
is designed to accommodate; conditions existing on the lot; and such
other matters as may be necessary to determine conformance with, and
provide for the enforcement of, this ordinance. One copy of the plans
shall be returned to the applicant by the administrative official,
that has markings on the copy either as approved or disapproved and
attested to same by his signature on such copy. The original and one
copy of the plans, similarly marked, shall be retained by the administrative
official.
B. Expiration
of Building Permit:
If the work described in any building
permit has not begun within six calendar months from the date of issuance
thereof, said permit shall expire, and work shall not proceed until
a new building permit has been obtained.
8.2 CERTIFICATE
OF OCCUPANCY REQUIRED.
It shall be unlawful to use or
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 until
a certificate of occupancy shall have been issued therefor by the
administrative official stating that the proposed use of the principal
building or land conforms to the requirements of this ordinance.
A. No permit
for erection, alteration, moving or structural repair of any building
shall be issued until an application has been made for a certificate
of occupancy, and the certificate shall be issued in conformity with
the provisions of this ordinance upon completion of the work.
B. A temporary
certificate of occupancy may be issued by the administrative official
for a period not exceeding six months during alterations or partial
occupancy of a building pending its completion, provided that said
temporary certificate may include such conditions and safeguards as
will protect the safety of the occupants and the public.
C. The administrative
official shall maintain a public record of all certificates of occupancy.
D. Failure
to obtain a certificate of occupancy shall be a violation of this
ordinance and punishable under Section 40, Violations and Penalties
of this ordinance.
8.3 CONFORMANCE
REQUIRED.
Building permits or certificates of occupancy
issued on the basis of plans and applications approved by the administrative
official authorize only the use, arrangement and construction set
forth in such approved plans and applications, and no other use, arrangement
or construction. Use, arrangement or construction at variance with
that authorized shall be deemed violation of this ordinance, and punishable
as provided by Section 40, Violations and Penalties hereof.
(Ordinance 2010-01-149 adopted 1/19/10)
The City Council shall not approve any plat until the area covered
by the proposed plat is or shall be zoned to the proper zoning classification
by the City Council.
(Ordinance 2010-01-149 adopted 1/19/10)
10.1 PRE-EXISTING
USES.
Uses, that are in existence prior to the effective
date of this ordinance, shall be deemed to be legal nonconforming
uses in accordance with Section 33, Nonconforming Uses, Lots, and
Structures.
10.2 PRE-EXISTING
LOTS.
Lots and parcels of land, that are in existence
prior to the effective date of this ordinance and do not meet the
requirements provided herein, shall be deemed to be legal nonconforming
lots and shall be exempt from the area requirements of the zoning
districts. Lots or parcels having existing structures thereon prior
to the effective date of this ordinance shall be exempt from the front,
rear, and side yard setback requirements for all structures located
thereon at that date. However, new construction for structures located
thereon after the effective date of this ordinance shall be required
to meet the setback requirements of the respective district applicable
to that lot.
10.3 PRE-EXISTING
STRUCTURES.
Structures, that are in existence prior to
the effective date of this ordinance and do not meet the requirements
provided herein, shall be deemed to be legal nonconforming structures
and shall be exempt from the area and height requirements of the zoning
districts. Said structures shall be permitted to be expanded, repaired,
and remodeled without meeting the area requirements for structures.
However, said structures are not exempted from the height regulations
for new construction after the effective date of this ordinance that
exceeds the regulations provided in the respective district applicable
to the property on which that structure is located.
(Ordinance 2010-01-149 adopted 1/19/10)