This ordinance shall be known as, and may be cited and referred
to as, the “Azle Zoning Ordinance.”
The City Council may divide the city into zoning districts of
a number, shape, and size it considers best and within each zoning
district may regulate the erection, reconstruction, alteration, repair,
or use of structures or land. Each class or kind of structure in a
zoning district shall be regulated by uniformity of zoning district
regulations, even though the zoning districts may vary. These regulations
reasonably consider the character of each zoning district and its
peculiar suitability for particular uses, with a view of conserving
the value of structures and encouraging the most appropriate use of
land in the city.
The zoning regulations and zoning districts established in this
ordinance have been made in accordance with a Comprehensive Plan for
the purpose of promoting the health, safety, morals, and general welfare
of the city. They have been designed, among other things, 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, and to facilitate
the adequate provision of transportation, water, sewers, schools,
parks, and other public requirements. They have been made with reasonable
consideration, among other things, of the character of each zoning
district and its peculiar suitability for the particular uses allowed
therein and with a view to conserving the value of structures and
encouraging the most appropriate use of land throughout the community.
In their interpretation and application, the provisions of this
ordinance shall be held to be the minimum requirements adopted for
the promotion of the public health, safety, morals, or general welfare.
It is not the intention of this ordinance to repeal, abrogate, annul,
or in any way impair or interfere with existing provisions of other
laws or ordinances (except as the same may be specifically repealed
by the terms of this ordinance) or with private restrictions placed
upon property by covenants, deeds, easements, or other private agreements.
Whenever the requirements of this ordinance are at variance with the
requirements of any other lawfully adopted rules, regulations, or
ordinances, the most restrictive or that imposing the higher standards
shall govern.
All land, buildings, structures, or appurtenances located within
the city which are occupied, used, erected, maintained, altered, relocated,
demolished, or converted shall be so done in conformance with the
zoning regulations prescribed for the zoning district in which such
land, building, structure, or appurtenance is located as provided
in this ordinance, unless:
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Approved by the Zoning Board of Adjustment in the form of a
variance or waiver, or
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Property is exempted from compliance due to special provisions
defined in the Nonconforming Uses and Structures section of this ordinance.
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Except as otherwise provided in this ordinance no permit shall
be issued for the construction of any structure within the city, except
upon a platted lot.
A. All territory
hereafter annexed into the city shall be temporarily classified as
E-1, Estate One District unless a permanent zoning classification
is placed upon the property at the time of annexation. In the event
any zoning other than E-1, Estate One District is requested at the
time of annexation, all requirements of Section 33 of this ordinance
shall be complied with, including all public notices and public hearings
as required by this ordinance or by State law.
B. The procedure
for changing the zoning of any newly annexed territory shall be the
same as required in Section 33 of this ordinance.
C. In an area
classified as E-1, Estate One District, building permit and occupancy
permits may be issued for all uses permitted in the E-1, Estate One
District subject to all of the requirements and regulations specified
for the zoning district.
D. Building
permits and occupancy permits for uses other than those permitted
in the E-1, Estate One District may not be issued for annexed territory
until proper rezoning for such property has been achieved.
All applications for building permits shall be accompanied by
plans in duplicate, 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 structures already existing, if any, and the locations
and dimensions of the proposed structures or alterations. The application
shall include such other information as lawfully may be required by
the Building Official, including existing or proposed structures or
alterations, existing or proposed uses of the structures and land,
the number of families, 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.
The copy of the plan shall be returned to the applicant by the
Building Official, after he/she has marked such copy either as approved
or disapproved and attested to same by his/her signature on such copy.
The original plan, similarly marked, shall be retained by the Building
Official.
If actual construction of the work described in any building
permit has not begun within one hundred and eighty (180) days from
the date of issuance thereof, said permit shall expire, it shall be
cancelled by the Building Official, and written notice thereof shall
be given to the original applicant at the address given in such application.
Actual construction is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner,
except that where demolition or removal of an existing structure has
been substantially begun preparatory to rebuilding, such demolition
or removal shall be deemed to be actual construction, provided that
work shall be diligently carried on until completion of the structure
involved.
Nothing herein shall require any change in the plans, construction,
or designated use of a structure under construction on the effective
date of this ordinance.
No building hereafter erected, relocated, converted, enlarged, or structurally altered shall be used or occupied, and no land or building may be changed in use, unless or until an occupancy permit has been issued by the Building Official in accordance with Chapter 4.300 [article
4.02] of the Azle Municipal Code. The occupancy permit shall state that the building or proposed use or occupancy of the land or building complies with the provisions of this ordinance, as well as ordinances relating to the health laws, building codes, and other development and health and safety ordinances of the city.
Building permits or occupancy permits issued on the basis of
plans and applications and approved by the Building Official shall
authorize only the use, arrangement, and construction set forth in
such approved plans and applications and no other use, arrangement,
or construction shall be permitted.
No structure shall hereafter be erected, reconstructed, altered,
enlarged, or relocated onto a lot unless the lot is located adjacent
to an approved public or private street and is so located so as to
provide safe and convenient access for servicing, fire protection,
and required off-street parking. Nothing contained in this section
shall prevent a structure from being erected, maintained, reconstructed,
altered, enlarged, or relocated onto a lot which is zoned residential
or agricultural and is not adjacent to an approved public or private
street if such construction meets all other requirements of this ordinance
and other regulations and is for any of the following purposes:
A. Adding to
an existing structure;
B. Altering
an existing structure;
C. Adding an
accessory building or structure;
D. Restoring
any structure previously destroyed by fire, explosion, or any other
casualty or act of God, where the extent of the destruction is not
more than fifty percent (50%) of its reasonable market value; or
E. Construction
of a new residential structure on a platted lot approved by the city.
A. Unless otherwise
stated in this ordinance only one (1) main building for one-family
or two-family use, with permitted accessory buildings and their breezeways,
may be located upon a lot. Every dwelling shall face or front upon
a street[.]
B. Where a
lot is used for multifamily, retail, office, commercial, or industrial
purposes or a combination of same, or for a combination of retail
and dwelling purposes, more than one (1) main building may be located
upon the lot, but only when such buildings conform to all of the open
space, parking and density requirements applicable to the uses and
zoning districts[.]
C. No required
open space, yard, or area requirement for one (1) building or use
shall be computed as being the open space, yard, or area requirement
for any other building or use.
No lot existing on the effective date of this ordinance shall
be reduced in area, width, or depth below the minimum requirements
set forth in this ordinance. A lot having less area, width, or depth
than required in this ordinance which was platted prior to the adoption
of this ordinance shall be considered to be a conforming lot.
The maximum percentage of any lot area covered by the main structure
and all accessory buildings shall not exceed the maximum permitted
in that zoning district, except where the structure or accessory buildings
existing on the effective date of this ordinance have a greater percentage
of a lot covered than herein prescribed, such structure or structures
shall be considered to be conforming.
The maximum floor area ratio of a lot on which a structure or
structures are located shall not exceed the maximum permitted in that
zoning district, except where a structure or structures existing on
the effective date of this ordinance may have a higher floor area
ratio than herein prescribed, such structure or structures shall be
considered to be conforming.
Height regulations established in this ordinance shall apply
to all structures within all of the zoning districts respectively.
When height requirements are specified in stories and feet, the more
restrictive shall apply.