1.1.1 
Zoning Shown on Zoning Map.
The boundaries of zoning districts set out herein are delineated upon a Zoning Map of the City, adopted as part of this ordinance as fully as if the same were set forth herein detail.
a. 
Official Zoning Map.
One original of the Zoning Map shall be filed in the office of the city secretary and labeled as Ordinance No. 2020-13. This copy shall be the “Official Zoning Map” and shall bear the signature of the mayor and attestation of the city secretary.
b. 
Official Zoning Map Management.
1. 
The Official Zoning Map shall not be changed in any manner except as amended by the City Council, as provided herein.
2. 
In case of any question, the Official Zoning Map, together with amending ordinances, shall be controlling.
c. 
Zoning Map Reproductions.
Reproductions for informational purposes may be made of the official Zoning Map.
(Ordinance 2020-13 adopted 10/13/20)
1.2.1 
District Boundaries Interpretation Rules.
The district boundary lines shown on the official Zoning District Map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning District Map, the following rules shall apply:
a. 
Centerlines.
Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerline.
b. 
Platted Lot Lines.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
c. 
City Limits.
Boundaries indicated as approximately following City limits shall be construed as following City limits lines.
d. 
Shore Lines.
Boundaries indicated as approximately following the centerline of streams, lakes, or other bodies of water shall be construed to follow such centerline, and in the event of change in the centerline, shall be construed to move with such centerline.
e. 
Parallel to or Extensions of Features.
Boundaries indicated as a parallel to or extensions of features indicated in Subsections (a) through (d) above shall be so construed. Distances not specifically indicated on the original zoning maps shall be determined by the scale of the map.
f. 
Vacated Public Way.
Whenever any street, alley, or other public way is vacated by official action of the City Council, the vacated area shall be rezoned according to amendments to the zoning ordinance.
g. 
Boundary as Condition of Zoning Approval.
The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.
h. 
Zoning Ambiguity.
Where physical features on the ground conflict with information shown on the Official Zoning Map, or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections (a) through (g), the property shall be considered as classified, single-family, in the same manner as provided for newly annexed territory and the issuance of a building permit and the determination of permanent zoning shall be in accordance with the provisions provided in Section 6.1 - Zoning Upon Annexation for temporarily zoned areas.
(Ordinance 2020-13 adopted 10/13/20)
1.3.1 
Compliance Required.
a. 
Applicability.
Compliance with the Zoning Ordinance shall apply to all land, buildings, structures or appurtenances located within the City which are hereafter:
1. 
Occupied,
2. 
Used,
3. 
Erected,
4. 
Altered,
5. 
Removed,
6. 
Placed,
7. 
Demolished, or
8. 
Converted.
b. 
Compliance with Zoning District.
The land, buildings, structures or appurtenances described in section 1.3.1.a. - Applicability shall be in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided or subject to penalties as established by ordinance.
1.3.2 
Interpretation.
a. 
Restrictiveness.
Where the regulations imposed herein are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards are the requirements that shall govern. Notwithstanding the foregoing, the City may, but is not required to, seek enforcement of a more restrictive regulation imposed by a person or entity other than the City.
b. 
Abrogation.
The provisions of these regulations are not intended to abrogate any easement, covenant or other private agreement, provided that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement, the requirements of these regulations shall govern.
c. 
Error Correction.
In the event that any property or Zoning District set forth on the Zoning District Map as provided in Section 1.1. - Zoning District Map of this ordinance is misnamed, designated incorrectly, the boundaries are incorrect or the property is omitted, in part or in whole, the Zoning District Map may be amended and/or supplemented according to the following:
1. 
Applicants.
The property owner of said tract or City Staff may submit an application to the City Council to initiate the error correction process.
2. 
Process.
The error correction shall be processed as a zoning map or text amendment according to Section 6.5 Amendments to the Zoning Ordinance/Districts and Administrative Procedures.
d. 
Building Inspector Authority to Interpret the Zoning Ordinance.
1. 
Unless specified within in a section, the building inspector shall have the authority to interpret and enforce the zoning ordinance.
2. 
A person aggrieved by the building inspector’s interpretation may appeal the interpretation to the City Council pursuant to Section 6.14. - Appeals and the Appeal Process.
1.3.3 
Rules of Construction.
The language set forth in these regulations shall be interpreted in accordance with the following rules of construction.
a. 
Number.
The words in the singular shall include the plural and words in the plural shall include the singular.
b. 
Tense.
The present tense includes the past and future tenses and the future the present.
c. 
Mandatory and Permissive Language.
The word “shall” and “must” are mandatory while the word “may” is permissive.
d. 
Gender Terms.
The masculine gender includes the feminine and gender neutral.
e. 
Parentheses.
Any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word.
f. 
Conflicts.
If there is an expressed conflict:
1. 
The text of this ordinance controls over the charts or any other graphic display in this ordinance; and
2. 
The use regulations control over the district regulations in this ordinance.
(Ordinance 2020-13 adopted 10/13/20)
1.4.1 
Intent of Provisions.
a. 
Existence of Nonconformities.
1. 
The purpose of this section is to establish provisions for the allowance and potential alteration of uses, lots and/or structures which do not conform to currently applicable standards or regulations, but which were in conformance with standards in place at the time of their inception, and have been rendered nonconforming due to a change in the applicable standards and regulations.
Nonconformities occur in three (3) general categories, or combinations thereof:
A. 
Land may be used in a nonconforming manner.
B. 
A lot can be nonconforming as to lot area or dimension requirement.
C. 
A structure can be nonconforming as to setback, height, lot area, or dimension requirement.
2. 
It is the declared intent that nonconforming uses and structures eventually be eliminated and be required to comply with the regulations of the zoning ordinance, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area.
b. 
Limit Incompatibility.
It is further the intent that nonconforming uses shall not be:
1. 
Enlarged upon,
2. 
Expanded or extended, or
3. 
Used as a basis for adding other structures or uses prohibited elsewhere in the same district.
c. 
Incompatible Uses.
Notwithstanding anything to the contrary, nonconforming uses are hereby declared incompatible with the permitted uses in the districts involved.
1.4.2 
Establishment of Legal Nonconforming Status.
a. 
Existence.
For purposes of interpretation of this subsection, any uses, structures and/or lots which in whole or part are not in conformance with current zoning standards shall be considered as follows.
1. 
Legal Nonconforming.
Those uses, structures or lots which in whole or part are not in conformance with current regulations but were legally established at a prior date at which time they were in conformance with applicable standards. Such uses, structures or lots may be maintained or potentially altered subject to the provisions of this subsection.
2. 
Illegal.
Those uses, structures or lots which in whole or part are not in conformance with current regulations and were not in conformance with applicable standards at the time of their inception shall not be considered nonconforming, but shall be considered illegal uses, structures, or lots and shall not be approved for any alteration or expansion, and shall undertake necessary remedial measures to reach conformance with current standards, or be discontinued.
b. 
Time of Adoption.
Any use, platted lot, and/or structure which is lawful at the time of the adoption of any amendment to this ordinance but by such amendment is placed in a district wherein such use, platted lot, and/or structure is not otherwise permitted shall be deemed legal nonconforming.
c. 
Annexation.
A use, platted lot and/or structure that was lawfully commenced and in existence at the time of annexation to the City and has since been in regular and continuous use shall be deemed legal nonconforming.
1.4.3 
Burden of Demonstration.
The burden of establishing that any use, structure or land is nonconforming as defined in this subsection shall be borne by the owner or proponent of such legal nonconforming use, structure or land.
1.4.4 
Continuing Lawful Use of Property and Existence of Structures.
a. 
Abandonment of Nonconforming Use.
If a nonconforming use on a particular parcel of land shall cease operations for a period of more than six (6) months, then such nonconforming use shall be presumed to be permanently abandoned. Unless the City Council determines, upon evidence presented by the owner that the nonconforming use or structure was not abandoned, or unless the City Council reinstates the nonconforming rights pursuant to Section 6.10 - Reinstatement of Nonconforming Rights of this ordinance, such a use shall not be instituted or continued on that parcel or other parcel in any district which does not permit the discontinued use. For the purpose of this paragraph, to “cease operations” shall mean to intentionally terminate operations of the nonconforming use. Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.
b. 
Reinstatement of Nonconforming Use Rights.
An owner and/or operator of a nonconforming use that has been deemed permanently abandoned pursuant to Section 1.4.1.A. may request that the nonconforming rights to the use be reinstated pursuant to Section 6.10. - Reinstatement of Nonconforming Rights of this ordinance.
c. 
Prohibited Expansion or Reoccupation.
A nonconforming use or structure shall not be expanded, reoccupied with another nonconforming use, or increased as of the effective date of this ordinance except as provided in Section 1.4.6. - Expansion of Nonconforming Uses and Structures.
d. 
Single Family Residential Use.
1. 
Conforming single family residential uses on platted lots approved prior to October 13, 2020, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this ordinance as long as the use of the lot is allowed in the respective district.
2. 
Only the lot size, depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this ordinance shall be met, or the lot shall be considered nonconforming.
e. 
Existing Platted Lots are Conforming Lots.
Any existing vacant lot platted prior to October 13, 2020, which was legally conforming, shall be deemed a conforming lot.
1.4.5 
Changing Uses and Nonconforming Rights.
a. 
Nonconforming Use to Conforming Use.
Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use.
b. 
Nonconforming Use to Another Nonconforming Use.
A nonconforming use may not be changed to another nonconforming use.
c. 
Conforming Use in a Nonconforming Structure.
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by the process outlined in Section 1.4.6. - Expansion of Nonconforming Uses and Structures.
1.4.6 
Expansion of Nonconforming Uses and Structures.
An expansion of a nonconforming use or structure is allowed in accordance with the following:
a. 
Nonconforming Use Expansion in Existing Building.
A nonconforming use located within a building may be extended throughout the existing building, provided.
1. 
No structural alteration, except as provided in Section 1.4.1.e. [sic] may be made on or in the building except those required by law to preserve such building in a structurally sound condition.
2. 
The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use.
b. 
Nonconforming Use Prohibited from Expansion beyond Existing Building.
Nonconforming use within a building shall not be extended to occupy any land outside the building.
c. 
Off-Street Loading and Parking.
Nonconforming use of land or building shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide on-site parking.
d. 
Residential Lot Exemption.
The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required which was an official “lot of record” prior to October 13, 2020, may be used for a single family dwelling.
e. 
Expansion of Nonconforming Buildings with Conforming Uses.
Buildings or structures which do not conform to the area regulations or development standards in this ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than ten (10) percent from the date when the building became nonconforming.
f. 
Reuse of Abandoned or Vacant Buildings by Conforming Uses Allowed.
Buildings or structures which have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use.
1.4.7 
Restoration of Nonconforming Structures.
a. 
Total Destruction.
If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this Ordinance.
b. 
Partial Destruction.
In the case of partial destruction of a nonconforming structure not exceeding fifty-one (51) percent of its total appraised value as determined by the Ellis Appraisal District, reconstruction will be permitted, but the existing square footage or function of the nonconforming structure cannot be expanded.
1.4.8 
Movement of Nonconforming Structures.
a. 
Relocation of a Nonconforming Structure within a Platted Lot.
Nonconforming structures may be relocated within the same platted lot.
b. 
Compliance.
Nonconforming structures shall comply with all setback and screening requirements.
1.4.9 
Completion of Structures.
Nothing herein contained shall require any change in the plans, construction, or designated use of the following.
a. 
Approved Building.
A building or structure for which a building permit has been issued or a Site Plan approved prior to October 13, 2020.
b. 
Building in the Approval Process.
A building or structure for which a complete application for a building permit was accepted by the building inspector on or before the effective date of these regulations, provided however, that such building permit shall comply with all applicable ordinances in effect on the date such application was filed.
(Ordinance 2020-13 adopted 10/13/20)