It is declared to be the intent and purpose of the zoning regulations to promote and to protect the health, safety, comfort, convenience, prosperity, and general welfare of the citizens of Sundown by assuring quality development, to allow for proper economic growth which conforms with a comprehensive plan of the city. It is further declared that the intent and purpose of the zoning regulations includes the following:
(1) 
To promote the stability of existing land uses that conform with a comprehensive plan and to protect them from inharmonious influences and harmful intrusions;
(2) 
To promote a harmonious, convenient, workable relationship among land uses;
(3) 
To promote a safe, effective traffic circulation system;
(4) 
To promote and protect the aesthetic quality of the city, by conserving and enhancing the taxable values of land and buildings throughout the city;
(5) 
To secure safety from fire, panic, and other dangers;
(6) 
To provide adequate light and air;
(7) 
To encourage proper population densities and prevent the overcrowding of structures;
(8) 
To provide adequate protection for community investments in water, sewerage, streets, schools, parks, and other community facilities;
(9) 
To divide the city into zones or districts, restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specific uses; to regulate the intensity of the use of lot areas, and to regulate and determine the area of open spaces surrounding such buildings, to establish building lines and locations of buildings designed for specified industrial, business, residential and other uses within such areas; to fix standards to which buildings or structures [that] are incompatible with the character of such districts, must conform to prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder, providing for the gradual elimination of nonconforming uses of land, buildings and structures.
For the purpose of this article certain terms and words are hereby defined as follows:
The words “used for” include “designated for” and vice versa; words used in the present tense include the future; words in the singular number include the plural number and vice versa; the word “building” includes the word “structure”; the word “dwelling” includes the word “residence”; the word “lot” includes the word “plot”[;] and the word “shall” is mandatory and not directory.
Accessory Building.
A subordinate building customarily incidental to and located on the same lot with the main building, and which is reasonably necessary and incidental to the conduct of the primary use of such building.
Accessory Use.
A subordinate use customarily incidental to and located on the same lot with the main use, and which is reasonably necessary and incidental to the conduct of the main use.
Alley.
A public way which customarily affords only secondary means of access to abutting property.
Automobile Wrecking Yard or Junk Yard.
Any building, structure or open area used for the dismantling or wrecking of any type of used vehicles or the storage, sale or dumping of dismantled or wrecked vehicles or their parts and accessories, including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition, and including the commercial salvaging, storage and scrapping of any other goods, articles or merchandise.
Billboard.
A billboard is an off-premises object, device, display, sign, or structure, or part thereof, displayed outdoors or visible from a public way, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location, or to express a point of view, by any means, including words, letters, figures, design, symbols, advertising flags, fixtures, colors, illuminations or projected images. Each substantially different face of a billboard structure shall constitute a separate billboard. Billboards do not include on-premises commercial or political signage nor small commercial or non-commercial signs temporarily placed in residential lawns by residents, owners, contractors, realtors, or by or on behalf of political candidates or issues.
Board.
The zoning board of adjustment of the city, whose members shall be the city council.
Building.
Any structure designed or built for the enclosure, support, shelter, or protection of persons, animals, chattels or property.
Changeable Electronic Variable Message Sign (CEVMS).
A sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including but not limited to an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the public right-of-way that functions as a traffic-control device and that is described and identified in the Manual on Uniform Traffic-Control Devices (MUTCD) approved by the Federal Highway Administrator as the National Standard.
City.
The City of Sundown, Texas.
Clinic.
An office or group of offices for one or more physicians, surgeons, dentists or chiropractors engaged in treating the sick or injured as outpatients.
Commission.
The planning and zoning commission of the City of Sundown, Texas.
Council.
The city council of the City of Sundown, Texas.
Curb Grade.
The elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the city engineer shall establish such curb grade or its equivalent for the purpose of this article.
Day Nursery.
A place maintained or conducted under public or private auspices which care for no more than ten (10) children during a part of the twenty-four (24) hours of the day.
Dwelling.
A building or portion thereof designed exclusively for residential occupancy, including one family, two family, and multiple family dwellings.
Dwelling, Townhouses or Condominiums.
A dwelling unit constructed as a series of dwelling units, and which are either attached to the adjacent dwelling or dwellings by party wall or are located immediately adjacent thereto with no visible separation between walls or roof. It is required by the City of Sundown that any townhouse or condominium have an attached garage.
Dwelling, Duplex.
A building designed for occupancy by two (2) individuals or families living independently of each other within separate units which have a common wall and under one (1) roof.
Dwelling, Multi-Family.
A building designed for occupancy by three (3) or more individuals and/or families living independently of each other within separate units.
Dwelling, Single Family.
A detached building exclusively for occupancy by one (1) family.
Dwelling, Two Family.
A building or buildings designed for occupancy by two (2) individuals or families living independently of each other within separate units which do not have a common wall and are not under one (1) roof but which are located on the same lot.
Dwelling Unit.
One (1) or more rooms in a dwelling designed for occupancy by one (1) individual or family living independently as a single housekeeping unit, with no more than one (1) kitchen unit.
Efficiency Unit.
A one (1) room dwelling, designed for occupancy by one (1) person, containing two hundred and fifty (250) through three hundred and fifty (350) square feet of net floor area, which may include kitchen facilities within the room and shall have a bathroom within such area.
Family.
A person or persons, occupying a dwelling, living together and maintaining a common household, of which not more than three (3) may be boarders or roomers.
Frontage.
(1) 
Street Frontage.
All of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street of the street or if the street is a dead end, then all of the property abutting on one side between an intersecting street and the dead end of the street.
(2) 
Lot Frontage.
The distance for which the front boundary line of the lot and the street line are coincident.
Garage, Private.
An accessory building for storage of motor vehicles.
Home Occupation.
An occupation, profession, domestic craft, or economic enterprise which is customarily conducted in a “residential dwelling” as hereinafter defined, subject to compliance with each of the following conditions:
(1) 
“Residential Dwelling” as used in this section shall mean a detached building designed, used and occupied exclusively by members of one (1) family as a residence.
(2) 
No person other than members of a family who reside in the residential dwelling be engaged in such occupation, profession, domestic craft or economic enterprise.
(3) 
Such use be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence and the area utilized for such occupation, profession, domestic craft or economic enterprise shall never exceed twenty-five (25) percent of the total of the floor area of the residential dwelling.
(4) 
To prevent increased traffic congestion in residential areas, no advertising of the occupation, profession, domestic craft or enterprise be conducted by means of any device such as a sign, display, handbills or other visible indication thereof displayed inside or outside the residential dwelling.
(5) 
The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal.
(6) 
No exterior storage of material equipment and/or supplies used in conjunction with such occupation, profession, domestic craft or enterprise be placed, permitted or allowed on the premises occupied by the residential dwelling.
(7) 
There be no offensive noise, vibration, smoke, dust, odors, heat or glare beyond the property lines.
(8) 
Such occupation, profession, domestic craft or enterprise be wholly within the residential dwelling and no accessory building be used in conjunction therewith, other than as storage.
(9) 
Only equipment be used in such occupation, profession, domestic craft or enterprise that is ordinarily used in a private home in a like amount and kind.
House, Zero Lot Line.
A residence allowed to have little or no side yard on one side, where the wall on that side has no doors, windows or other openings.
HUD-Code Manufactured Home.
Means a structure constructed on or after June 15, 1976, according to the rules of the United State Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with to without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g).
Landscape Screen.
Plant material of the evergreen variety, a minimum of six (6) feet in height at the time of installation and planted on four (4) feet centers. All such landscape screens shall be permanently maintained.
Loading, Space.
An area within the main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum dimension of 15 by 40 feet and a vertical clearance of at least 14 feet.
Lodging or Boarding House.
A building other than a hotel, where lodging and/or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but for the public or transient.
Lot.
Means an undivided parcel of land adequate for occupancy by a use herein permitted, providing the yards, area, and off-street parking herein required and fronting directly upon a street, which parcel of land is identified by a tract or lot number in a duly approved subdivision plat of record.
Lot, Depth.
The distance from the front street line to the rear line measured in the mean direction of the side lines.
Lot, Width.
The mean horizontal distance between side lines measured at right angles to the depth.
Mobile Home.
Means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems.
Mobile Home Park.
A mobile home park means any tract of land with single ownership where accommodation is provided for nontransient mobile home or HUD-code manufactured home use.
Modular Homes.
A modular home is a dwelling that is manufactured in two or more modules at a location other than the homesite and which is designed to be used as a residence when the modules are transported to the homesite, and the modules are pinned together and installed on a permanent foundation system. The term modular home shall not mean nor apply to:
(1) 
Sectional or panelized housing in which the basic components assembled at the home site are not at least three dimensional modules; and
(2) 
Ready-built homes which are constructed so that entire living areas are contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.
Nameplate.
A sign not larger than two square feet in area identifying the owner or occupant of a premises and the street address and which does not contain flashing or intermittent illumination.
Nonconforming Use.
A building or premises existing legally at the time of the passage of this article which does not by reason of use conform to the regulation of the district in which it is situated.
Off-Street Parking Space.
An all weather surfaced area enclosed or unenclosed not in a street, alley or other right-of-way, and having an area of not less than one hundred and eighty (180) square feet, inclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with the street by all weather surfaced driveway which affords satisfactory ingress and egress for automobiles.
Premises.
The contiguous land in the same ownership or control which is not divided by a street, together with any building or structures occupying it.
Ready-Built Homes.
A ready built home is a dwelling which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving it to another location to be placed on a permanent foundation system and the home completed for the purposes of making a liveable residence.
Recreational Vehicle.
A portable structure, self-propelled or towable by another vehicle, of such size and weight as not to require special highway movement permits, primarily designed, constructed or modified to provide temporary living quarters while in transits, or for recreational camping purposes or for profit. Recreational vehicles include travel trailers, camping trailers, truck campers, and motor homes.
Recreational Vehicle Park.
A parcel of land on which two or more spaces are used or intended for use by transient recreational vehicles and their occupants.
Screening Fence.
A solid six (6) foot fence or wall of wood, filled chain link, or masonry construction or equivalent landscape screen which shall be installed prior to or concurrently with the first building permit issued for a lot, and which shall be permanently maintained.
Sign.
Any surface, fabric, device, display or visual medium, including the component parts, which bears letters, pictorial forms or sculptured matter, including logos, used or intended to be used to convey information or to attract attention to the subject matter of such sign. Graphics painted upon the side of a building which carry no advertising shall not be construed to be a sign, except where such graphics pictorially display products or business that convey an advertising intent. The term “sign” includes a billboard and a CEVMS. The term "sign" includes the sign structure.
Street.
A public thoroughfare which affords the principal means of access to abutting property.
Structure.
Anything constructed, installed, built, or erected, which requires a permanent location on the ground, or which is attached to something that has a permanent location on the ground.
Structural Alterations.
Any change in the supporting members of a building, including, but not limited to bearing wall or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
Use.
The purpose for which land or building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.
Visibility Triangle.
An unobstructed parcel of land located at the intersection of two streets across which vehicles must be able to see in order to allow safe traffic flow through intersections. Within the visibility triangle no foliage or structures are permitted to be taller than thirty-six (36) inches above the curb grades.
Yard.
An open space on a lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this article.
(1) 
Front Yard.
The front of a lot shall be considered to be that side of the lot which fronts on a street. In the case of a corner lot, the narrowest side fronting on the street shall be considered to be the front of the lot. In case the corner lot has equal frontage on two or more streets, the lot shall be considered to front on that street which the greatest number of lots abut.
(2) 
Yard, Side.
An open unoccupied space on the same lot with the building between the main building and the adjacent side of the lot, and extending entirely from the front yard to the rear lot line thereof.
(Ordinance 394 adopted 6/11/04; Ordinance 457, sec. I, adopted 11/28/06; Ordinance 478, secs. I–V, adopted 10/14/08; Ordinance 593 adopted 6/13/2023)
The City of Sundown is hereby divided into classes of use districts termed respectively;
District Name
Restricted Single Family District
Single Family District
General Business District
(Ordinance 394 adopted 6/11/04)
(a) 
Boundaries of the districts as enumerated in Section 14.103 are hereby established and adopted on the zoning map of the City of Sundown, which are made a part of this article as fully as if the same were set forth herein in detail.
(b) 
The zoning map adopted hereby shall bear the signature of the mayor and attestation of the city secretary for identification and authentication.
(c) 
It shall be the duty of the secretary of the planning and zoning commission and of the city secretary to maintain the zoning map and to keep the map up-to-date, showing all the changes, amendments, or additions which may occur to the zoning map.
(Ordinance 394 adopted 6/11/04)
(a) 
Purpose.
The purpose of this district is to provide for restricted low density single family residential units, together with such public and semi-public buildings and facilities and accessory structures as may be necessary and compatible with single family residential development.
(b) 
General Provisions.
(1) 
No use shall be permitted which is or would reasonably be injurious to the neighborhood residents or which would interfere with the safety or with the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance at common law.
(2) 
No more than one dwelling unit shall be permitted per lot.
(c) 
Permitted Uses.
(1) 
Single family dwelling units which are constructed on the dwelling site.
(2) 
Public parks, public buildings, public or private schools (if curriculum is similar to public schools), and colleges. Customary uses of such facilities are permitted as well as occasional public fund raising functions.
(3) 
Churches and other places of worship, including accessory use and buildings. Customary uses of such facilities are permitted as well as occasional public fund raising functions.
(4) 
Unlighted golf courses, but no commercial miniature courses or driving ranges.
(5) 
Day nurseries, provided that the residence must be owner occupied and not more than ten (10) children are kept at any one time.
(6) 
Cultivated farm land.
(7) 
Oil, gas, and service wells, provided they comply with Article 4.300 of the city code.
(8) 
Accessory buildings of the following character:
(A) 
Private garage, tool house, green house, storage house or pool house.
(B) 
Bona fide servants quarters.
(C) 
Any accessory building closer than ten (10) feet from the main building shall be considered part of the main building and shall be required to comply with the same side yards required for the main building, an accessory building more than ten (10) feet from the main building may be erected on the side lot line but must be located at least five (5) feet from any street line.
(d) 
Conditional Uses.
The following uses may be permitted when approved by the zoning board of adjustment.
(1) 
Any accessory building construction which may extend into the required front or side yards.
(2) 
The temporary, one-year placement of a HUD-code manufactured home in the district, provided that the HUD-code manufactured home is skirted, and that it is supported and anchored meeting the current requirements of the Texas Manufactured Housing Standards Act as ministered by the Texas Department of Housing and Community Affairs, Manufactured Housing Division, or successor agency, and must otherwise comply with all federal and state laws concerning manufactured housing; and provided the board of adjustment finds that there is a bona fide personal hardship necessitating the placement of the HUD-code manufactured home.
(3) 
Ambulance service.
(4) 
Bona fide home occupations.
(5) 
Townhouses or condominiums.
(e) 
Yard Requirements.
(1) 
Front Yard.
The minimum front yard shall be twenty-five (25) feet.
(2) 
Side Yard.
There shall be a minimum side yard of five (5) feet on each side of any structure. Overhanging roof eaves and fireplaces may extend as much as twenty-four (24) inches into a side yard.
(f) 
Lot Width.
The minimum width of any lot shall be seventy-five (75) feet.
(g) 
Lot Area.
The minimum area of any lot shall be seven thousand five hundred (7,500) square feet.
(h) 
Off-Street Parking.
(1) 
Single Family Dwellings.
Two (2) parking spaces are required, and driveways may be used as parking spaces.
(2) 
Churches and Other Places of Worship.
One (1) parking space shall be required within two hundred (200) feet of the church’s entrances for each five seats in the main auditorium.
(3) 
Places of Public Assembly.
One (1) parking space shall be required for each four seats in the main auditorium.
(4) 
Schools.
Ten (10) parking spaces shall be required for each classroom in high schools and colleges, two (2) spaces shall be required for each classroom in elementary schools.
(5) 
All Other Uses.
The same as required for that use or a similar type use found elsewhere in this article.
(i) 
Signs.
The following signs shall be permitted:
(1) 
Nameplate for occupants for each residential unit.
(2) 
Traffic and official public signs.
(3) 
Bulletin boards for churches, public buildings and semi-public buildings, not exceeding twenty (20) square feet in area.
(4) 
One temporary unlighted sign not exceeding nine (9) square feet in area pertaining to the lease or sale of the property upon which it is located.
(j) 
Oil, Gas and Service Wells.
All oil, gas and service wells in any zoning district shall be surrounded by a minimum of a six (6) feet high solid screen fence.
(Ordinance 394 adopted 6/11/04; Ordinance 593 adopted 6/13/2023)
(a) 
Purpose.
The purpose of this district is to provide for low density single family residential units, together with such public and semi-public buildings and facilities and accessory structures as may be necessary and compatible with a single family residential development.
(b) 
General Provisions.
(1) 
Single family dwelling units constructed in any zoning district shall comply with the regulations of the “SF-1” district.
(2) 
No use shall be permitted which is or would reasonably be injurious to the neighborhood residents or which would interfere with the safety or with the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance at common law.
(3) 
No more than one dwelling unit shall be permitted per lot.
(c) 
Permitted Uses.
(1) 
Single family dwelling units which are constructed upon the dwelling site.
(2) 
HUD-Code Manufactured Homes.
(A) 
A HUD-code manufactured home must be skirted using nondegradable materials compatible in color, style and texture with the exterior walls of the home within thirty (30) days of installation of the home. Corrugated metal, painted a compatible color to the exterior walls is acceptable skirting material. Rusted metal, is not acceptable skirting material.
(B) 
The home must be supported and anchored, meeting the current requirements of the Texas Manufactured Housing Standards Act as ministered by the Texas Department of Housing and Community Affairs, Manufactured Housing Division, or successor agency, and must otherwise comply with all federal and state laws concerning manufactured housing.
(C) 
A stoop, porch, patio, or deck must be provided at each entrance to the structure.
(D) 
Site-built attached additions, and detached structures in the front or side yards, must be compatible in color, style and materials with the exterior of the manufactured structure.
(E) 
Detached structures that are not compatible in color, style and materials must be located in the rear of the structure.
(F) 
A HUD-code manufactured home must not be more than twenty-five (25) years of age at the time the permit for placement within the city limits is filed.
(G) 
A HUD-code manufactured home may not be relocated to any other lot within the city limits if the home is more than twenty-five (25) years of age at the time the permit for relocation within the city limits is filed.
(3) 
Modular homes or ready-built homes.
(4) 
Public park, public buildings, public or private schools (if curriculum is similar to public schools), and colleges. Customary uses of such facilities are permitted as well as occasional public fund raising functions.
(5) 
Churches and other places of worship, including accessory use and buildings. Customary uses of such facilities are permitted as well as occasional public fund raising functions.
(6) 
Unlighted golf courses, but no commercial miniature courses or driving ranges.
(7) 
Day nurseries, provided that the residence must be owner occupied and not more than ten (10) children are kept at any one time.
(8) 
Cultivated farm land.
(9) 
Oil, gas, and service wells, provided they comply with Article 4.300 of the city code.
(10) 
Accessory buildings of the following character:
(A) 
Private garage, tool house, green house, storage house or pool house.
(B) 
Bona fide servants quarters.
(C) 
Any accessory building closer than ten (10) feet from the main building shall be considered part of the main building and shall be required to comply with the same side yards required for the main building, an accessory building more than ten (10) feet from the main building may be erected on the side lot line but must be located at least five (5) feet from any street line.
(11) 
Single family dwelling houses originally built on a site as an “on-site built” dwelling, which is moved from the original site to a lot or lots and reinstalled on a permanent foundation, subject to the provisions of Section 14.102.
(d) 
Conditional Uses.
The following uses may be permitted when approved by the zoning board of adjustment in accordance with Section 14.109.
(1) 
Any accessory building construction which may extend into the required front or side yard.
(2) 
The temporary, one-year placement of a HUD-code manufactured home in the district, provided that the HUD-code manufactured home is skirted, and that it is supported and anchored meeting the current requirements of the Texas Manufactured Housing Standards Act as ministered by the Texas Department of Housing and Community Affairs, Manufactured Housing Division, or successor agency, and must otherwise comply with all federal and state laws concerning manufactured housing; and provided the board of adjustment finds that there is a bona fide personal hardship necessitating the placement of the HUD-code manufactured home.
(3) 
Ambulance service.
(4) 
Bona fide home occupations.
(5) 
Townhouses or condominiums.
(6) 
The temporary placement of one (1) recreational vehicle on a legally existing lot, or combination of legally existing lots, for use as a temporary dwelling, and in compliance with the following conditions:
(A) 
The lot owner must submit to the city, on a form provided by the city, a complete application (including all applicable fees, which are nonrefundable) for a recreational vehicle use permit. A lot owner may apply for a permit to authorize the temporary placement of one (1) recreational vehicle on a lot for up to thirty (30) days, six (6) months, or one (1) year. A lot owner that desires to renew a permit must renew the permit at least five (5) business days prior to its expiration.
(B) 
Only one (1) recreational vehicle shall be placed on a legally existing lot, or combination of lots. A lot existing on November 28, 2006 shall not be subdivided for the purpose of placement of more than one (1) recreational vehicle on the existing lot.
(C) 
Each recreational vehicle must be served by water, sewer, electricity, gas and other appropriate utility services, and said utility services must be provided by separate utility connections and lines for each recreational vehicle.
(D) 
The city may refuse the issuance or renewal of a permit, or may unilaterally revoke an existing permit, if the owner, occupant or condition of the lot is not in compliance with all applicable laws, ordinances and regulations. The city shall provide written notice of the city’s decision to refuse the issuance or renewal of a permit, or upon the city’s revocation of an existing permit. A property owner may cancel a permit at any time by providing written notice to the city, on a form provided by the city. Upon cancellation or revocation of a permit, no portion of the permit fee shall be refunded to the permit holder.
(E) 
Upon expiration, revocation or cancellation of a permit, use of a recreational vehicle on the property shall not be allowed, and the property shall be governed by the regulations applicable to the zoning district in which the property is located.
(F) 
Once a temporary placement of a recreational vehicle has been removed, the December 2024 definition of "Temporary" shall apply.
(e) 
Yard Requirements.
(1) 
Front Yard.
The minimum front yard shall be twenty-five (25) feet.
(2) 
Side Yard.
There shall be a minimum side yard of five (5) feet on each side of any structure. Overhanging roof eaves and fireplaces may extend as much as twenty-four (24) inches into a side yard.
(f) 
Lot Width.
The minimum width of any lot shall be seventy-five (75) feet.
(g) 
Lot Area.
The minimum area of any lot shall be seven thousand five hundred (7,500) square feet.
(h) 
Off-Street Parking.
(1) 
Single Family Dwellings.
Two (2) parking spaces are required, and driveways may be used as parking spaces.
(2) 
Churches and Other Places of Worship.
One (1) parking space shall be required within two hundred (200) feet of the church's entrances for each five seats in the main auditorium.
(3) 
Places of Public Assembly.
One (1) parking space shall be required for each four seats in the main auditorium.
(4) 
Schools.
Ten (10) parking spaces shall be required for each classroom in high schools and colleges, two (2) spaces shall be required for each classroom in elementary schools.
(5) 
All Other Uses.
The same as required for that use or a similar type use found elsewhere in this article.
(i) 
Signs.
The following signs shall be permitted:
(1) 
Nameplate for occupants for each residential unit.
(2) 
Traffic and official public signs.
(3) 
Bulletin boards for churches, public buildings and semi-public buildings, not exceeding twenty (20) square feet in area.
(4) 
One temporary unlighted sign not exceeding nine (9) square feet in area pertaining to the lease or sale of the property upon which it is located.
(j) 
Single Family “Moved In” Dwellings.
All single family dwelling is permitted under subsection (c)(11) of this section shall meet the following requirements:
(1) 
Upon completion of installation, the dwelling unit will have the appearance of a dwelling constructed on the lot.
(2) 
Before occupancy or use, the dwelling unit will be brought into compliance with all codes, rules, and ordinances in effect at the time the dwelling unit is moved to the site.
(3) 
Until the requirements of (1) and (2), above are met to the satisfaction of the building official, no connections, other than temporary construction connections, to the municipal water and wastewater systems, electric supply and natural gas supply will be permitted.
(k) 
Signs.
(1) 
Business.
Business signs are permitted which do not utilize or incorporate flashing, moving or intermittent illumination.
(2) 
Signs for Other Uses.
The same as permitted for that use or a similar type use found in the residential districts of this article.
(3) 
The maximum height for a sign is twenty-five (25) feet.
(l) 
Site Plan and Review.
No building permit shall be issued until the city manager or building inspector has reviewed a site plan for a building site and has approved the same as to off-street parking spaces, the location of private driveways, and the availability of ingress and egress of off-street parking sites.
(Ordinance 394 adopted 6/11/02; Ordinance 394 adopted 6/11/04; Ordinance 429 adopted 4/13/04; Ordinance 457, sec. II, adopted 11/28/06; Ordinance 593 adopted 6/13/2023; Ordinance 608 adopted 5/20/2025)
(a) 
Purpose.
The purpose of this district is to provide for heavy retail and wholesale commercial uses which serve a wide area. Such districts should have frontage on major trunk thoroughfares which are designed to safely carry a high volume of traffic.
(b) 
General Provisions.
(1) 
No use shall be permitted which is or would be injurious to the neighborhood residents or which would interfere with the safety or the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance at common law.
(2) 
All businesses shall be conducted entirely within a building. Outside storage of any type shall be prohibited except in conjunction with the on premises sale or rental of motor vehicles, trailers, fully constructed portable buildings, plants, plant material, garden and yard equipment, lumber, and building supplies, and farm implements.
(3) 
When proposed development in this district is adjacent to any residentially zoned district, on either side or to the rear, even if separated by an alley, a six (6) foot solid screening fence or an equivalent landscape screen shall be installed and permanently maintained on the development lot along the adjacent property line. A solid wall of a building, when permitted to be located on the property line, shall constitute adequate screening.
(c) 
Permitted Uses.
All business related and commercial enterprises, together with those activities normally and customarily relating thereto, including but not limited to:
(1) 
Mini storage buildings.
(2) 
Retail or wholesale stores and shops.
(3) 
Radio, television and electrical appliance sales and repair.
(4) 
Tool rental shops.
(5) 
Office supply and printing services.
(6) 
Personal service shops, such as shoe repair, tailoring, dress making and similar shops.
(7) 
Funeral homes or mortuaries.
(8) 
Animal hospitals and pet and grooming shops where there are no open kennels or open exercise runs.
(9) 
Hotels or motels.
(10) 
Car wash facilities.
(11) 
New and used car dealerships.
(12) 
Single family dwelling units which are constructed upon the dwelling site.
(d) 
Conditional Uses.
(1) 
Special permit uses, as provided in Section 14.110.
(2) 
When approved by the zoning board of adjustment in accordance with Section 14.109, the temporary placement of one (1) recreational vehicle on a legally existing lot, or combination of legally existing lots, for use as a temporary dwelling, and in compliance with the following conditions:
(A) 
The lot owner must submit to the city, on a form provided by the city, a complete application (including all applicable fees, which are nonrefundable) for a recreational vehicle use permit. A lot owner may apply for a permit to authorize the temporary placement of one (1) recreational vehicle on a lot for up to thirty (30) days, six (6) months, or one (1) year. A lot owner that desires to renew a permit must renew the permit at least five (5) business days prior to its expiration.
(B) 
Only one (1) recreational vehicle shall be placed on a legally existing lot, or combination of lots. A lot existing on November 28, 2006 shall not be subdivided for the purpose of placement of more than one (1) recreational vehicle on the existing lot.
(C) 
Each recreational vehicle must be served by water, sewer, electricity, gas and other appropriate utility services, and said utility services must be provided by separate utility connections and lines for each recreational vehicle.
(D) 
The city may refuse the issuance or renewal of a permit, or may unilaterally revoke an existing permit, if the owner, occupant or condition of the lot is not in compliance with all applicable laws, ordinances and regulations. The city shall provide written notice of the city’s decision to refuse the issuance or renewal of a permit, or upon the city’s revocation of an existing permit. A property owner may cancel a permit at any time by providing written notice to the city, on a form provided by the city. Upon cancellation or revocation of a permit, no portion of the permit fee shall be refunded to the permit holder.
(E) 
Upon expiration, revocation or cancellation of a permit, use of a recreational vehicle on the property shall not be allowed, and the property shall be governed by the regulations applicable to the zoning district in which the property is located.
(e) 
Yard Requirements.
(1) 
Front Yard.
The minimum front yard shall be twenty (20) feet. This section shall not be so construed as to permit obstruction of any nature on corner lots within the visibility triangle.
(2) 
Side Yard.
There shall be no side yard requirement except when the property is adjacent to any residential districts, in which case the minimum side yard requirement shall be five (5) feet.
(f) 
Lot Width.
(1) 
The minimum width of any lot shall be fifty (50) feet.
(g) 
Lot Area.
(1) 
The minimum area for any lot shall be 6,000 feet.
(h) 
Off-Street Parking.
(1) 
Commercial Uses.
One (1) parking space required for each two hundred (200) square feet of display area.
(2) 
All Other Uses.
As set forth in the special permit.
(i) 
Alley Screening.
As described in general provisions.
(j) 
Signs.
(1) 
Business.
Business signs are permitted which do not utilize or incorporate flashing, moving or intermittent illumination.
(2) 
The maximum height for a sign is twenty-five (25) feet.
(Ordinance 394 adopted 6/11/02; Ordinance 457, sec. III, adopted 11/28/06; Ordinance 457, sec. IV, adopted 11/28/06)
(a) 
All land annexed by the City of Sundown through voluntary or involuntary annexation procedures shall upon the date of annexation be designated as being in any zoning district that the council shall direct.
(b) 
Whenever the council vacates a street or alley right-of-way, the adjacent districts shall extend to the center line of such vacation.
(c) 
Temporary building, including “mobile homes” used for construction offices are permitted in any district as accessory buildings only during the course of construction.
(d) 
Lots existing at the time of passage of this article.
(1) 
On lots which contain between four thousand (4,000) and six thousand (6,000) square feet in area, a one-family dwelling or other use may be erected provided the required yard regulations are observed.
(2) 
On any lot separately owned containing less than four thousand (4,000) square feet in area, a one-family dwelling may be erected provided the required yard regulations are observed. Where two (2) or more adjoining lots are under the same ownership, only a single one-family dwelling or other permitted use may be built on a fifty (50) feet width.
(e) 
On lots fronting on two (2) non-intersecting streets, a front yard shall be provided on each street except when a note appears on the recorded plat restricting access to one of the abutting streets in which case only one (1) front yard shall be required.
(f) 
Vision Clearance.
On any corner lot on which a front or side yard is required, no wall, fence, sign to other structure or any plant growth shall be permitted or maintained higher than three (3) feet above the curb grade within twenty (20) feet of the intersection of the curb grade lines. This area shall be known as the visibility triangle.
(g) 
Any fence, wall, hedge, shrubbery, etc. that is installed, erected, constructed or planted in a front yard at a height greater than thirty-six inches (36") above walk grade is an obstruction to view and a violation of this article, except single trees having trunks which are pruned to a height of six (6) feet above walk grade. No fence, wall, hedge, shrubbery, etc. shall be installed, erected, constructed or planted in a front yard within ten (10) feet of a street curb. If no street curb exists, no fence, wall, hedge, shrubbery, etc. shall be installed, erected, constructed or planted in a front yard within six (6) feet of the front boundary line of the lot. Lots on a cul-de-sac will be permitted to waive the height restriction for fences and shrubbery upon obtaining the permission of the building inspector.
(h) 
Open fire escapes, fireproof outside stairways and balconies may project into a side yard a distance of not more than two (2) feet.
(i) 
Notwithstanding anything in this article to the contrary, any business use in existence in a residential district at the time of the passage of this article shall be permitted to continue. The business use may be expanded, remodeled or conveyed in the residential district for so long as it is continuously utilized as a business. An abandonment of the property as a business use for a continuous period of twelve months shall cause the property to be treated as a nonconforming use under this article.
(j) 
Notwithstanding anything in this article to be contrary, any building located on a cul-de-sac may be erected with the front portion in line with the other buildings on the street, however, garage entrances must have a minimum setback of twenty (20) feet from the front property line.
(k) 
Notwithstanding anything in this article to the contrary, no more than two main buildings or mobile homes shall be permitted on any single lot or tract. In the case of unusually large lots or tracts, the zoning board of adjustment may consider as a conditional use the granting of permission to allow more than two main buildings or mobile homes on a lot in any zoning district.
(l) 
No mobile home shall be located less than ten (10) feet from the side boundary lot line of any lot, and there shall be not less than twenty (20) feet of unobstructed space between any mobile home and any other mobile home or other dwelling.
(m) 
It shall be unlawful for any person to locate or maintain any mobile home in any place in the city other than in a lawfully operated mobile home park. It shall be unlawful for any person to maintain. locate, or live in any such mobile home without first obtaining such permit.
(n) 
The use of recreational vehicles as permanent dwellings is strictly prohibited within all zoning districts of the City of Sundown. Recreational vehicles may only be used as temporary dwellings in accordance with the provisions of Section 14.106(d)(6).
(Ordinance 394 adopted 6/11/02; Ordinance 423 adopted 12/9/03; Ordinance 593 adopted 6/13/2023; Ordinance 608 adopted 5/20/2025)
(a) 
Purpose.
Since the state law requires a zoning to be a comprehensive plan in which the rules are uniform as to each zoning district and not by individual parcels of property, it is impractical if not impossible to provide for all special or unusual circumstances which might be applicable to a particular piece of property. In anticipation of such situations the state zoning law and this article make provision through a board of adjustment to deal with certain problems arising out of the application of the regulations.
(b) 
Creation.
There shall be a board of adjustment, whose members will be the city council.
(c) 
Powers.
(1) 
The zoning board of adjustment shall not have the power to grant any special exception or variance which allows a use permitted in a less restricted zoning district to be placed in a more restrictive zoning district except for those uses provided for as “Conditional Uses,” or in accordance with this section.
(2) 
The board shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this article.
(3) 
Special Expectations.
In order to provide for adjustment in the relative locations of uses and buildings of the same or different classifications, to promote the usefulness of this article, and to supply the necessary elasticity to its different operation, special exceptions are permitted by the terms of this article to be granted by the board of adjustment upon a showing of good cause.
(d) 
Special Exceptions.
The following special exceptions may be permitted, if the board finds that in its opinion, as a matter of fact, such exceptions will not substantially affect adversely the uses of adjacent and neighboring property permitted by this article nor will the exceptions unduly hinder traffic conditions in the area.
(1) 
Where there is now a commercial use on a portion of the lot to allow a nonconforming commercial use to extend to the entire lot or a large portion of that lot.
(2) 
To waive or reduce the parking and loading requirement in any district whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot.
(3) 
To authorize additions or substantial alternated to special permits.
(4) 
To determine in cases of uncertainty the classification as to district of any use not specifically named in this article, provided, however, such use shall be in keeping with uses specifically named in the district regulations.
(5) 
To authorize business signs to exceed the maximum height limitations of twenty-five (25) feet upon a finding by the board that the taller sign is so engineered as to be capable of withstanding the stressed of sustained winds in excess of one hundred ten (110) mph. A certification signed by a licensed engineer of the State of Texas will be prima facia evidence that the sign meets the wind stress requirement.
In granting any special exceptions under the provisions of this article, the board may designate such conditions in connection therewith, in its opinion, which will secure substantially the purpose and intent of this article. If the board’s conditions are not met within sixty (60) days of the granting of the special exception and order the removal of all improvements made by the applicant for the special exception.
(6) 
To authorize the construction of signs having the capability of carrying illuminated flashing, moving or intermittent messages, either in words, symbols or pictures that appear on a display surface comprised of rows of individual light bulbs, limited as follows:
(A) 
The display surface actually illuminated shall be located in relation to the ground surface and nearby or adjacent streets in such a manner that the lights will not impair the vision of vehicle operators or illuminate adjacent property in any manner that would constitute a nuisance to adjacent properties;
(B) 
No such illuminated sign shall contain light bulbs larger than thirty-three (33) watts;
(C) 
Such illuminated signs shall be equipped to automatically reduce the degree of illumination in reduced sunlight or darkness; and
(D) 
All such signs shall conform to all other applicable federal, state and municipal laws, regulations, ordinances and codes.
(e) 
Conditional Uses.
The board of adjustment shall have the power to grant the following:
To grant conditional use permits in any zone where such uses are allowed by the provisions of this article. In granting any conditional uses under the provisions of this article, the board may designate such conditions in connection therewith, in its opinion, which will secure substantially the purpose and intent of this article. If the board’s conditions are not met within sixty (60) days of the granting of the conditional use, the board, on its own motion, may revoke the conditional use and order the removal of all improvements made by the applicant for the conditional use.
(f) 
Variances.
(1) 
The board of adjustment shall have the power to vary the regulations of any district so as to relieve difficulties or hardships in cases when and where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of such regulation or restriction, or by reason of exceptional topographical conditions or other extraordinary and exceptional situations or conditions of such piece of property, the strict application of each regulation or restriction would result in peculiar and exceptional practical difficulties to, or exceptional hardship upon, the owner of such property. Such grant or variance shall comply, as nearly as possible, in every respect with the spirit, intent, and purposes of the zoning plan, it being the purpose of provision to authorize the granting of variation only for reasons of demonstrable and exceptional hardship as distinguished from variation sought by applicants for applicants for purposes or reasons of convenience, profit or caprice.
(2) 
In granting any variance under the provisions of this article, the board may designate such conditions in connection therewith, which, in its opinion, will secure substantially the purpose and intent of this article.
In the event that an applicant who is granted a variance with conditions attached, failed to meet those conditions within a reasonable time, the board on its own motion, and due public hearing, may revoke the applicant’s variance and order the property to be returned to the condition it was in prior to the application of the variance to the property.
(g) 
Lapse of Special Exception, Conditional Use or Variance.
After the board of adjustment has approved a special exception or granted a conditional use or variance, the special exception or variance so approved or granted shall lapse after the expiration of one year, if no substantial construction or change of use has taken place in accordance with the plans for which such exception, condition use or variance was granted, and the provisions of this article shall thereafter govern.
(h) 
Fees.
Before any action shall be taken on any appeal to the board of adjustment necessitating the publication of notices or sending of notices, the appellant shall deposit with the city secretary the sum provided for in the fee schedule found in the appendix of this code to cover costs and expenses relative thereto.
(i) 
Notice.
Notices of hearing on any requests for special exceptions, conditional uses, appeals or variance shall be given in accordance with state statutes as they may hereinafter be altered or amended. As a minimum, however, the following procedural steps shall be followed:
(1) 
For a request for a special exception, conditional use, appeal or variance, the board of adjustment shall cause to be issued by mail, written notice of a public hearing before the board of adjustment to all owners of city real property (owners as shown on the last approved city tax roll) whose property lies within two hundred (200) feet of the property in controversy.
(2) 
If part of the property within the two hundred (200) feet was annexed to the city since the approval of the last city tax roll, notice shall be given to those property owners by newspaper publication at least fifteen (15) days before the hearing.
(3) 
The mailed notices shall be properly addressed, postage paid and deposited in the city post office at least ten (10) days before the hearing date.
(4) 
At least fifteen (15) days before the public hearing before the board of adjustment for city planning and zoning commission, notice shall be published one time in a newspaper of general circulation in the city.
(a) 
Purposes.
In order to provide for design and land use flexibility in the general business district, certain uses of property may be applied for to the planning and zoning commission of the city. Upon a finding that the special permit use is in harmony with the purposes and objectives of the zoning regulations the planning and zoning commission may grant a special permit.
(b) 
Permitted Uses.
Only those special permit uses stated in this section are permitted.
(1) 
Dog kennels provided there are no open pens, but fenced runs are permitted.
(2) 
Recreation vehicle or travel trailer park provided:
(A) 
Area shall be at least three acres in size with a minimum of 100 feet adjacent to a public street or highway.
(B) 
Recreational vehicle spaces will be rented by the day or week only and the occupant of a recreational trailer space shall remain in the same park not more than ninety (90) continuous days.
(C) 
Access to the park shall be from a public street or highway. The number and location of access drives shall be approved by the city manager. No space for parking vehicles shall be designed for direct access to a street outside the premises of the park.
(D) 
Interior access drives shall not be less than eighteen (18) feet in width of pavement and shall be paved and maintained with a hard surface that shall be well-drained. No parking shall be permitted on the pavement.
(E) 
Each space shall provide sufficient parking and maneuverability space so the parking or maneuvering of vehicles shall not necessitate the use of any public street, sidewalk or right-of-way or any private property not a part of the park.
(F) 
There shall be no minimum lot area for recreational vehicles except that such vehicles be so harbored that there shall be at least a ten (10) feet unobstructed clearance between such vehicles and provided that no part of such vehicles shall be closer than twenty (20) feet to any building within the park nor closer than five (5) feet to any access drive. There shall be no more than fifteen (15) such recreational vehicles per acre of gross site area.
(G) 
There shall be at least one well-maintained recreational area, which shall be available for use by all occupants, and which shall total not less than eight percent (8%) of the gross site area.
(H) 
Outside lighting shall be erected in such a manner that it not be detrimental to nor project onto adjacent properties.
(I) 
A business sign is permitted as an accessory use.
(J) 
Exposed ground surfaces in all parts of the park shall be paved or covered with screens or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust.
(K) 
Storage, collection and disposal of refuse shall be so conducted as to create no health hazard, rodent harborage, insect breeding area, accident or fire hazard, or air pollution. All refuse shall be stored in fly-tight, water-tight, and rodent-proof containers, which shall be located not more than 150 feet from any recreational vehicle space.
(L) 
The person to whom the special permit is granted shall at all times operate the park in compliance with this article and shall provide adequate supervision to maintain the park, its facilities, and equipment in good repair and in a clean and sanitary condition at all times.
(3) 
Explosive or flammable manufacture or storage, provided approval of the fire chief obtained and additional conditions of council are met.
(4) 
Livestock or feed yards, provided approval of health department obtained and additional conditions of council are met.
(5) 
Fertilizer manufacture or storage, provided the process will not create any danger to the health or safety in residential areas of the city and will not create any offensive noise, vibration, smoke, dust, odors, heat, or glare in such residential areas.
(6) 
Cotton gin and compress, provided approval of health department obtained and additional conditions of council are met.
(7) 
Junk yards, salvage or scrap operations, or automobile wrecking yards, provided conditions of city council are met and that the property be surrounded by at least a six (6) foot high solid screen fence and that material not be piled higher than the screening fence.
(8) 
Manufacture of chemical and storage in bulk, provided conditions of council are met.
(9) 
Petroleum refining and storage in bulk, provided conditions of fire marshal and city council are met.
(10) 
Any other use not listed but which may be potentially hazardous or objectionable because of the emission of smoke, noise, odor, toxic gas or glare, provided conditions of city council are met.
(11) 
Zero lot line houses in any residential district subject to the following conditions:
(A) 
Front Yard.
the minimum front yard shall be fifteen (15) feet, provided that in no case shall a garage or carport fronting only a street be within twenty (20) feet of the street property line.
(B) 
Side Yard.
There shall be no side yard requirements for one side of the house; however, the other side yard shall be a minimum of ten (10) feet, five (5) feet of which shall be an access easement for adjoining property maintenance.
No doors, windows or other openings shall be permitted on zero (0) lot line side of houses.
All corner lots shall have a minimum of ten (10) feet side yard adjacent to a street.
(C) 
Lot Width.
The minimum width of any development lot shall be thirty-five (35) feet.
(D) 
Lot Area.
The minimum area of any development lot shall be twenty-eight hundred (2,800) square feet.
(E) 
Lot Coverage.
The combined area of all structures shall not exceed sixty-five (65) percent of the lot area. Trellised and open porches shall not be counted in the combined area.
(F) 
Off-Street Parking.
Single family dwellings shall have a minimum of two (2) approved parking spaces.
(G) 
Access.
All lots shall have access either to a public street or to a private street meeting city street construction standards.
(12) 
Utility distribution facilities and appurtenances including water, sewer, electric, gas, telephone and television may be permitted in any district, except that power generation, and offices, may not be located in residential districts.
(a) 
Purpose.
The lawful use of any building, structure or land existing at the time of the enactment of this article may be continued although such use does not conform with the provisions of this article; provided, however, the right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance and further, the right of nonconforming uses to continue shall be subject to such regulations as the maintenance of the premises and conditions of operation may, in the judgment of the board of adjustment, be reasonably required for the protection of adjacent property and further, the right of nonconforming uses to continue shall be subject to the specific regulations herein contained.
(b) 
Change of Use.
A nonconforming use of a building or structure may be changed to another nonconforming use of the same or of a higher classification, provided no structural alterations are made in the building. If the use is changed to a higher classification or to a conforming use, it cannot be changed back to the original nonconforming use. For the purposes of this subsection, the “same classification” means uses permitted in the same district; a “higher classification” means uses in a district with a prior listing in this article.
(c) 
Discontinuance of Nonconforming Use.
If a nonconforming use of a building or premises is discontinued for a period of ninety (90) days or more, the use of such premises or building then must confirm to the use regulations of the district in which it is located.
(d) 
Damage to Nonconforming Use.
No building or structure which has been damaged by any cause whatsoever to the extent of more than fifty (50) percent of the fair market value of the building immediately prior to the damage shall be restored except in conformity with the regulations of this article and all rights as a nonconforming use are terminated. If a building or structure is damaged by less than fifty (50) percent of its fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within twelve (12) months of the date of such damage.
(e) 
Enlargement of Nonconforming Use.
A conforming use cannot be enlarged, extended, reconstructed or structurally altered unless changed to a conforming use.
(f) 
Special Permit Uses Not Nonconforming.
Existing uses of the types eligible for special permits shall be conforming uses and shall receive a special permit for the existing use from the building inspector upon request. A special permit shall be required for any enlargement or addition.
(g) 
Intermittent and Illegal Uses.
The occasional, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on the entire lot or tract.
(h) 
Nonconforming Uses Not Validated.
A conforming use in violation of a provision of the ordinance which this article repeals shall not be validated by adoption of this article.
(a) 
Amendment.
The city council may from time to time, on its own motion or upon petition amend, supplement, change, modify by ordinance the boundaries of districts or modify the regulations or restrictions herein established. Any proposed amendment, supplement, change or modification shall first be submitted to the city planning and zoning commission for its recommendations and report. If the city planning and zoning commission makes no report within thirty (30) days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change.
(b) 
Notice.
Notices of hearing on any proposed amendment, supplement, change or modification shall be given in accordance with state statutes as they now exist or as they may hereinafter be altered or amended. As a minimum, however, the following procedural steps shall be followed:
(1) 
For a proposed change in classification, the planning and zoning commission shall cause to be issued by mail written notice of a public hearing before the planning and zoning commission to all owners of city real property (owners as shown on the last approved city tax roll) whose property lies within two hundred (200) feet of the property on which the change is proposed.
(2) 
If part of the property within the two hundred (200) feet was annexed to the city since the approval of the last city tax roll, notice shall be given to those property owners by newspaper publication at least fifteen (15) days before the hearing.
(3) 
The mailed notices shall be properly addressed, postage paid and deposited in the city post office at least ten (10) days before the hearing date.
(4) 
At least fifteen (15) days before the public hearing before the city planning and zoning commission, notice shall be published one time in a newspaper of general circulation in the city.
(5) 
Following the hearing and recommendation of the planning and zoning commission to the city council, at least fifteen (15) days notice of the time and place of a public hearing on the proposal before the city council shall be published in a paper of general circulation in the city.
(b-1) 
Notice Involving Substantial Amendments.
Notices of hearings on any proposed amendments, supplements, changes, or modifications proposed as part of comprehensive review of this chapter undertaken by the planning and zoning commission shall be given as follows:
(1) 
Prior to taking final action on any proposal to the city council calling for substantial or comprehensive amendments, supplements, changes or modifications to this chapter, the planning and zoning commission shall conduct a public hearing. Notice of this public hearing shall be published two times in a newspaper of general circulation in the city, the first publication being not less than fifteen (15) days prior to the public hearing.
(2) 
Prior to taking final action on a proposal from the planning and zoning commission involving substantial or comprehensive amendments, supplements, changes or modifications to this chapter, the city council shall conduct a public hearing. Notice of this public hearing shall be published one time in a newspaper of general circulation in the city, with such publication being not less than fifteen (15) days prior to the public hearing.
(c) 
Twenty Percent Rule.
If the city planning commission recommends against, or if a protest against such proposed amendment, supplement, change or modification shall be presented to the city manager, duly signed by the owners of 20 percent or more, either of the area of lots or land included in such proposed changed, or of the lots or land immediately adjoining the same, the modification shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the city council
(d) 
Fees.
Before any action shall be taken as provided in this section, the applicant for such amendment shall deposit with the city secretary the sum provided for in the fee schedule in the appendix of this code to cover costs and expenses relative thereto.
(a) 
Building Inspector.
It shall be the duty of the building inspector to enforce the provisions of this article, and to refuse to issue any permit for a building, or for a use of any premises which would violate any of the provisions of this article. Appeals from any decision of the building inspector may be taken to the board of adjustment as provided for in Section 14.109(c)(2).
(b) 
Building Permits.
No construction shall be undertaken without a building permit. Each application for a building permits shall be accompanied by a plat, drawn to scale, showing actual dimensions of the lot to be built upon; the size, shape and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of this article. A record of applications and plats shall be kept in the office of the building inspector. Any building permit shall be valid for a period of 12 months after issuance. Any person failing to commence construction within said 12 months period after issuance of the building permit shall be required to reapply to the building inspector for the issuance of a new building permit prior to commencing construction.
(a) 
Any person, land owner, building owner or occupant, who shall violate any of the provisions of this article or who shall fail to comply with any of the provisions of this article or who shall build, alter, or occupy any building, structure or land in violation of any statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with the general penalty provision found in Section 1.109 of this code. Each day such violation is committed or permitted to continue, shall constitute a separate offense, and shall be punishable as such hereunder.
(b) 
The owner or owners of any building or property or part thereof where anything in violation of this article shall be cause to exist, and any architect, building contractor, agent, attorney, person, firm, or corporation employed in connection therewith and who have assisted in the commission of such violation, shall be guilty of a separate offense, and upon conviction thereof, shall be fined in any amount not to exceed two hundred dollars ($200.00).
(c) 
In addition to the remedies provided for in subsections (a) and (b) of this section, the administrator may, in case any building or structures are erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this article, institute on behalf of the City of Sundown any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent any illegal act, conduct business or use in or about such premises.
By the passage of this article no presently illegal use shall be deemed to have been legalized, unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses, where recognized, or an illegal use as the case may be. It is further the intent and declared purpose of this article that no offense committed and no liability, penalty of forfeiture, either civil or criminal, incurred prior to the time the zoning regulations and map adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or cause presently pending proceeding all respects as if such prior ordinance had not been repealed.
(Ordinance 394 adopted 6/11/02)