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way impair or interfere with existing provisions of other laws or ordinances (except as the same may be specifically repealed by the terms of this ordinance) or with private restrictions placed upon property by covenants, deeds, easements, or other private agreements.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:
•
Approved by the Zoning Board of Adjustment in the form of a variance or waiver, or
•
Property is exempted from compliance due to special provisions defined in the Nonconforming Uses and Structures section of this ordinance.
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.