This ordinance including appendices A, B, C and D, shall be known as and may be cited and referred to as the “Comprehensive Zoning Ordinance” to the same effect.
(Ordinance 361-05 adopted 3/22/05)
The zoning regulations herein established have been made in accordance with the adopted Comprehensive Plan, as amended, (“Comprehensive Plan”), for the purpose of promoting the health, safety, comfort, convenience, morals and general welfare of the Town. They have been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable considerations among other things, of the character of the district and its peculiar suitability for the particular uses and with a view of conserving and stabilizing the value of property and encouraging the most appropriate use of land throughout the community.
(Ordinance 361-05 adopted 3/22/05)
A.
This ordinance supersedes prior zoning regulations in its entirety. The provisions of these regulations including all appendices shall apply to all land, property and development in the Town of Bartonville, except as expressly and specifically provided otherwise in this Ordinance. No development shall be undertaken without prior authorization pursuant to these regulations.
B.
All land and property owned by the Town of Bartonville shall be expressly exempt from these regulations.
(Ordinance 361-05 adopted 3/22/05; Ordinance 382-06 adopted 2/21/06)
A.
These zoning regulations and the zoning map adopted herewith are intended to implement the goals and policies of the Town of Bartonville Comprehensive Plan and are hereby deemed to be consistent with and in accordance with the adopted Comprehensive Plan for the Town. Any amendments to such regulations and all applications for a change to the zoning map shall be consistent with the Comprehensive Plan, as may be amended from time to time.
B.
An amendment to the text of the zoning ordinance is consistent with and in accordance with the Comprehensive Plan if it complies with the goals and policies stated in the plan, as may be amended from time to time. An amendment to the zoning map is consistent with the Comprehensive Plan if the map amendment is consistent with the land use diagram contained in the plan, as may be amended from time to time.
(Ordinance 361-05 adopted 3/22/05)
It is the intent of the Town of Bartonville that these zoning regulations be applied in a manner consistent with other regulations governing the use and development of land, including but not limited to subdivision regulations, floodplain regulations and other applicable Town regulations. Applications for permits required by other development regulations may be submitted simultaneously with applications for permits required by the zoning regulations wherever feasible, or as may be otherwise directed by these regulations.
(Ordinance 361-05 adopted 3/22/05)
The following types of development applications are exempt from the requirements of this Zoning Ordinance, except as otherwise stated expressly herein. Exempt applications shall be processed and decided under zoning regulations in effect immediately preceding the effective date of these zoning regulations and such regulations shall be kept in effect for such purpose.
A.
Residential development applications for land subject to a final plat that was approved prior to the effective date of this ordinance, or that was filed prior to such date and is subsequently approved.
B.
Development applications for land subject to a site plan that was approved pursuant to Chapter 3 of this Ordinance, as amended, prior to the effective date of this ordinance, or that was filed prior to such date and is subsequently approved.
C.
Any request for an amendment of an approved preliminary plat or site plan otherwise exempted under this section shall be considered a new application and all requirements of this zoning ordinance shall be applicable to such request.
(Ordinance 361-05 adopted 3/22/05)
A.
It is the intent of the Town of Bartonville to adopt these entire zoning regulations as a legal unit as a part of the Comprehensive Plan for the Town. Any words which appear to be precatory in nature are to be interpreted as though they were positive and conclusive.
B.
Should any section, subsection, paragraph, sentence, clause, or phrase of these regulations be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of these regulations.
(Ordinance 361-05 adopted 3/22/05)
A.
The Town Council may from time to time establish by resolution design criteria, which are intended to facilitate administration of these zoning regulations. Such guidelines shall serve as illustrations of methods and techniques of implementing standards contained in the zoning regulations, but shall not be the exclusive means of achieving such standards. In the event of any conflict between a standard contained in the zoning regulations and a design guideline, the standard in the zoning ordinance shall control.
(Ordinance 361-05 adopted 3/22/05)
A.
Preserving Rights in Pending Litigation and Violations Under Existing Ordinances
1.
By the passage of this Ordinance, 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 Ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the prior Zoning Ordinance was repealed or superseded and the present Zoning Ordinance adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded within all respects as if such prior Ordinance had not been repealed or superseded.
(Ordinance 361-05 adopted 3/22/05)
A.
The provisions of this Ordinance and all appendices shall be held to [be] the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by agreements, the provisions of this Ordinance shall govern.
(Ordinance 361-05 adopted 3/22/05)
A.
Intent of Provisions:
1.
Within the districts established by this Ordinance or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this Ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Ordinance to permit such nonconforming uses to continue, as long as the conditions within this Section and other applicable sections of the Ordinance are met, except as otherwise provided in this Section (Also see Appendix A.3 for applicable variance procedures).
2.
It is further the intent of this Ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district, except as otherwise provided in this Section.
3.
Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.
B.
Nonconforming Status:
1.
Any use, platted lot or structure which does not conform with the regulations of this Zoning Ordinance on the effective date hereof or any amendment hereto, except as expressly provided in Subsection 3. below, shall be deemed a nonconforming use, platted lot or structure provided that:
a.
Such use, platted lot or structure was in existence under and in compliance with the provisions of the immediately prior zoning ordinance; or
b.
Such use, platted lot or structure was a lawful, nonconforming use, platted lot or structure under the immediately prior zoning ordinance; or
c.
Such use, platted lot or structure was in existence at the time of annexation into the Town, was a legal use of the land at such time, and has been in regular and continuous use since such time.
2.
Any other use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this Ordinance or any amendment hereto, and except as provided in Subsection 3. below, shall be deemed to be in violation of this Ordinance, and the Town shall be entitled to enforce fully the terms of this Ordinance with respect to such use, platted lot or structure.
3.
The following types of platted lots shall be deemed conforming lots as lots of record, notwithstanding the fact that such lots do not meet the standards of this Ordinance in the zoning district in which they are located:
4.
A lot of record that is nonconforming may be occupied by a single-family dwelling provided that the zoning district in which the lot of record is located allows a single-family land use.
C.
Continuing Lawful Use of Land and Structures:
1.
A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.
2.
A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use, following abandonment of the nonconforming use.
D.
Abandonment of Nonconforming Uses and Structures, and Cessation of Use of Structure or Land:
1.
If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this Ordinance, as amended, and with any other applicable Town codes or ordinances that are in effect at the time the use is resumed or the structure is re-occupied.
2.
A nonconforming use or structure shall be deemed “abandoned” in the following circumstances:
3.
If the use of any lot, tract or property that does not have a building on it and that is used for open/outside storage as of the effective date of this Ordinance (or amendment thereto) is made nonconforming by this Ordinance (or amendment thereto), then such storage use shall cease within six (6) months (i.e., 180 calendar days) following the effective date of this Ordinance (or amendment thereto). The lot, tract or property shall be cleaned up and all trash, debris, stored items and vehicles, and other materials shall be removed from the premises such that the property is not a physical or visual nuisance to the public or to surrounding property owners.
E.
Changing Nonconforming Uses:
1.
A nonconforming use shall not be changed to another nonconforming use.
2.
A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use.
3.
A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to a nonconforming use.
F.
Expansion of Nonconforming Uses and Structures:
1.
A nonconforming use may be extended throughout the structure in which it is located, provided that:
a.
The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use;
b.
No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and
c.
The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.
2.
A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.
3.
A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this Ordinance.
G.
Reconstruction or Repair of Nonconforming Structure:
1.
If more than fifty percent (50%) of the total appraised value, as determined by the Denton Central Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this Ordinance.
2.
If less than fifty percent (50%) of the total appraised value, as determined by the Denton Central Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within one (1) year (i.e., 365 calendar days) following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the one-year reconstruction period may be extended by the Town Secretary (or his/her designee).
3.
If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be re-established subject to the limitations on expansion set forth in Subsection F. above.
4.
Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this Ordinance.
5.
Nothing in this Ordinance shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds fifty percent (50%) of the structure’s appraised value, as determined by the Denton Central Appraisal District.
H.
Moving of Nonconforming Structure:
1.
No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district wherein the structure is to be relocated. Such building relocation shall also require any permits required by the Town, and may also require platting of the intended building site pursuant to the Town’s Development Ordinance as well as concept plan, site plan or building permit plan approval as required by this Zoning Ordinance.
I.
Nonconforming Lots:
1.
In any district in which single-family dwellings are permitted, a single-family residence may be erected on any single lot of record which existed as of May 10, 1983. Such a lot must have been in separate ownership and not of continuous frontage with other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements of the district in which it is located for area, or dimensions, provided, however, that the requirements of the district for minimum yard setbacks shall be met unless a variance to said requirements has been granted by the Board of Adjustment.
2.
If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and part, or all of said lots do not meet the requirements of the district in which they are located as to minimum area or frontage or both, the lots shall be considered for the purpose of this Ordinance to be an undivided parcel, and no portion of said parcel shall be sold or used in a manner which diminishes compliance with lot width and area requirements established by this Ordinance.
(Ordinance 361-05 adopted 3/22/05; Ordinance 527-12, sec. 1, adopted 1/17/12)
A.
No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the Town of Bartonville, and which are directly attributable to a piece of property shall be allowed to submit any application for any type of zoning change or plan review until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof to the Town of Bartonville shall have been first fully discharged by payment, or until an arrangement, satisfactory to the Town, has been made for the payment of such debts or obligations or if written documentation from the Denton Central Appraisal District is provided indicating the property valuation is under review or in dispute. It shall be the applicant’s responsibility to provide evidence or proof that all taxes, fees, etc. have been paid, or that other arrangements satisfactory to the Town have been made for payment of said taxes, fees, etc.
(Ordinance 361-05 adopted 3/22/05)