This Attachment “A” to [Chapter 14 of] the Code of Ordinances of the City of Brownfield, Texas, shall be known and may be cited as the “Zoning Ordinance of the City of Brownfield,” or simply as the “Zoning Ordinance.”
(Ordinance 1858 adopted 8/16/01; Ordinance 1869 adopted 4/4/02)
This Zoning Ordinance is adopted pursuant to the powers granted and limitations imposed by the Constitution and laws of the State of Texas, the Charter of the City of Brownfield and other provisions of Texas statutory and common law that are relevant and appropriate.
(Ordinance 1858 adopted 8/16/01; Ordinance 1869 adopted 4/4/02)
The provisions of this Zoning Ordinance shall apply to the use and development of all land within the City of Brownfield, unless specifically provided otherwise in this Zoning Ordinance.
(Ordinance 1858 adopted 8/16/01; Ordinance 1869 adopted 4/4/02)
This Zoning Ordinance is adopted for the purpose of promoting the public health, safety and general welfare of the citizens of Brownfield. More specifically, this Zoning Ordinance provides for the division of land into different districts that, in combination with regulations pertaining to such districts, are designed in accordance with a comprehensive plan to achieve objectives that include, but are not limited to, the following:
1. 
Promote the beneficial and appropriate development of all land and the most desirable use of land in accordance with a well considered plan;
2. 
Protect the character and the established pattern of desirable development in each area;
3. 
Prevent or minimize land use incompatibilities and conflicts among different land uses;
4. 
Maintain property values by stabilizing expectations and ensuring predictability in development; and
5. 
Establish a process that effectively and fairly applies the regulations and standards of this Zoning Ordinance and respects the rights of property owners and the interests of citizens.
(Ordinance 1858 adopted 8/16/01; Ordinance 1869 adopted 4/4/02)
A. 
Allocation of Activity.
By allocating to each major type of activity sufficient space in appropriate locations for development, these regulations have been designed:
1. 
To distribute realistically the estimated maximum population which the City may have in the foreseeable future over the land available for residential purposes providing adequate light, air and usable open space; and
2. 
To encourage economic activities for the health and wellbeing of the City.
B. 
Interrelationship of Uses.
By providing for the convenient and efficient interrelationship of related land uses, these regulations have been designed:
1. 
To provide appropriate space near residences for services which increase safety and amenity and are not objectionable to residents nearby;
2. 
To protect quasi-residential uses that benefit from a residential environment and which provide essential health and welfare services for the residents thereof; and
3. 
To encourage the tendency of retail and commercial development to cluster within defined areas to the mutual advantage of both consumers and merchants.
C. 
Incompatible Uses.
By segregating incompatible land uses and thereby limiting danger and nuisance, these regulations have been designed:
1. 
To protect areas against fire, explosion, noxious fumes and other hazards;
2. 
To protect areas against noise, vibration, smoke, dust, odors, heat, glare and other objectionable influences;
3. 
To protect areas against heavy and hazardous trucking traffic; and
4. 
To protect adjacent areas and to protect the labor force at other establishments engaged in less offensive types of manufacturing and related activities by restricting to appropriate areas those manufacturing activities which create objectionable influences.
D. 
Provision of Facilities.
By requiring space off public streets for parking and loading and by limiting the bulk of buildings in relation to the land around them and to one another, these regulations have been designed:
1. 
To limit congestion in pedestrian and vehicular traffic and in living conditions;
2. 
To prevent overcrowding of land beyond capacity of streets and utilities;
3. 
To limit loads on traffic, transit and service facilities; and
4. 
To permit advance planning for possible requirements for social, sanitary and utility services, and thereby to facilitate the adequate provision of transportation, water, sewage, streets, parks and other public requirements.
E. 
Shape and Location of Buildings.
By limiting the shape and location of buildings, these regulations have been designed:
1. 
To reduce the danger from conflagration;
2. 
To provide adequate light and air;
3. 
To provide privacy where desirable; and
4. 
To provide usable open space.
(Ordinance 1858 adopted 8/16/01; Ordinance 1869 adopted 4/4/02)
Wherever the requirements of this Zoning Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or laws, those imposing the higher standards or those deemed more restrictive shall govern. However, this Zoning Ordinance is not intended to supplant or replace private deed restrictions and covenants, except where coincident with the provisions of this Zoning Ordinance and any other lawfully adopted rules, regulations or laws.
(Ordinance 1858 adopted 8/16/01; Ordinance 1869 adopted 4/4/02)
All development and use of land in the City shall comply with the following standards.
1. 
No building, structure or land shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, installed or structurally altered, except in conformance with all the regulations specified in this Zoning Ordinance.
2. 
The lot area, required yards and other open spaces provided in connection with any structure or use, in order to comply with the regulation specified in this Zoning Ordinance, shall be situated on the same lot as the structure or use.
3. 
No part of a yard, open space or off-street parking and loading area required in connection with this Zoning Ordinance shall be included as part of a yard, open space, off-street parking or loading area similarly required for another building, except as allowed under specific provisions for shared parking facilities (see Sec. 511, Off-Street Parking Standards).
4. 
No yard or lot existing on the effective date of this Zoning Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Ordinance shall meet the minimum requirements established herein.
(Ordinance 1858 adopted 8/16/01; Ordinance 1869 adopted 4/4/02)
Any permit issued in conflict with the provisions of this Zoning Ordinance shall be null and void and may not be construed as waiving any provisions of this Zoning Ordinance.
(Ordinance 1858 adopted 8/16/01; Ordinance 1869 adopted 4/4/02)
The boundaries of the zoning districts established by this Zoning Ordinance shall be shown on a map or series of maps entitled “Official Zoning Map,” an up-to-date copy of which shall be maintained in the office of the Building Inspector. Furthermore, all special permits approved in accordance with the City of Brownfield Zoning Ordinances 1201 and 1328, as amended and in effect immediately prior to adoption of this present Zoning Ordinance, shall remain in force and effect.
(Ordinance 1858 adopted 8/16/01; Ordinance 1869 adopted 4/4/02)
1. 
This Zoning Ordinance is not intended to abrogate or annul (1) any permits issued before the effective date of this Zoning Ordinance, or (2) any easement, covenant or any other private agreement.
2. 
Except as specifically provided, the provisions of this Zoning Ordinance shall not affect any building permit issued or any valid building permit application filed prior to the effective date of this Zoning Ordinance, provided that construction pursuant to such permit, if and when issued, is commenced within 6 months of the date of issuance of the permit and diligently pursued to completion.
3. 
No presently illegal use shall be deemed to have been legalized unless such use specifically falls within a zoning district where the actual use is a conforming use. Otherwise, such uses shall remain legally nonconforming uses where recognized, or an illegal use, as the case may be.
4. 
No offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this Zoning Ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending be proceeded within all respects as if the prior zoning ordinance had not been repealed.
5. 
If a use lawfully occupying land or buildings is classified by the Use Table in Sec. 309 [308] as a conditional use in the zoning district in effect on the effective date of this Zoning Ordinance, such use shall not be considered a nonconforming use. The existing use shall be considered a lawful conditional use, the same as if the Planning Commission had expressly approved the location of that use on the lot where existing at the effective date of this Zoning Ordinance.
(Ordinance 1858 adopted 8/16/01; Ordinance 1869 adopted 4/4/02)
If any Section, subsection, sentence, clause, phrase or portion of this Zoning Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Zoning Ordinance.
(Ordinance 1858 adopted 8/16/01; Ordinance 1869 adopted 4/4/02)