SECTION 1. ADOPTION OF ZONING ORDINANCE. That the Zoning Ordinance, consisting of Sections One through Twenty-Eight, adopted and enacted as the “The City of Overton, Zoning Ordinance,” on July 21, 1981, and thereafter amended on March 15, 1993 by Ordinance No. 31594 and amended on February 15, 1994 [by] Ordinance No. 21594 (attached hereto collectively as Exhibit A) and which has been in full force and effect since its original adoption and amendment, is hereby affirmed and re-enacted and shall be treated and considered as a comprehensive Zoning Ordinance. The official Zoning Map shall be maintained by the City Secretary in accordance with Section Nineteen of the Zoning Ordinance. The Zoning Ordinance shall continue in full force and effect from the effective date of July 21, 1981, and as amended on March 15, 1993.

SECTION 2. ADOPTION OF SUBDIVISION REGULATIONS. That the Subdivision Regulations, consisting of Sections One through Five and Engineering and Construction Standards (attached hereto as Exhibit B), is hereby adopted and enacted as the “The City of Overton, Subdivision Regulations,” and shall be treated as a comprehensive set of Subdivision Regulations which shall be in full force and effect from and after the effective date of July 21, 1981.

Editor’s note–The subdivision regulations attached to Ordinance 2014-10-07A were superseded by Ordinance 2018-04-19A, which is included as chapter 9, exhibit B of the Code of Ordinances.

SECTION 3. AMENDMENTS. That any amendments and additions to such Zoning Ordinance or Subdivision Regulations, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Zoning Ordinance or Subdivision Regulations so that reference to the “The City of Overton, Zoning Ordinance” and/or “The City of Overton, Subdivision Regulations” shall be understood and intended to include such amendments and additions.

SECTION 4. UPDATING THE CODE. That a copy of such Zoning Ordinance and Subdivision Regulations shall be kept on file in the office of the City Secretary preserved in looseleaf form, or in such form as the City Secretary may consider most expedient. It shall be the express duty of the City Secretary, or someone else so duly authorized, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Zoning Ordinance or Subdivision Regulations and to remove all provisions which may from time to time be repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine it.

SECTION 5. PENALTY FOR UNAUTHORIZED AMENDMENTS. That it shall be unlawful for any person to change or amend, by addition or deletions, any part or portion of such Zoning Ordinance or Subdivision Regulations, or to insert or delete pages or portions thereof, or to alter or tamper with same in any manner whatsoever, which will cause the law of the City of Overton to be misrepresented. The penalty for any unauthorized amendments to the Zoning Ordinance is the same as those set forth in Section Twenty-Five of the Zoning Ordinance or as amended. The penalty for any unauthorized amendments to the Subdivision Regulations is the same as those set forth in Section 5.10 of the Subdivision Regulations or as amended.

SECTION 6. CONFLICTS. To the extent any of the Subdivision Regulations conflict with any provisions of the Zoning Ordinance, the Subdivision Regulations will control.

SECTION 7. EFFECTIVE DATE. That the Zoning Ordinance and Subdivision Regulations shall be retroactive to July 21, 1981, the date that the Overton City Council originally adopted the Zoning Ordinance and Subdivision Regulations of the City of Overton, Texas.

A ZONING ORDINANCE DIVIDING THE AREA WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF OVERTON INTO DISTRICTS IN ACCORDANCE WITH A CITY-WIDE COMPREHENSIVE PLAN: DEFINING CERTAIN TERMS: REGULATING THE LOCATION, SIZE, HEIGHT, BULK AND USE OF BUILDINGS WITHIN SUCH RESPECTIVE DISTRICTS: FIXING BUILDING LINES FOR EACH RESPECTIVE DISTRICT: FIXING THE PERCENTAGE OF ANY LOT OR TRACT OF LAND TO BE OCCUPIED IN THE VARIOUS DISTRICTS: REGULATING THE SIZE OF YARDS, COURTS, AND OPEN SPACES IN EACH PARTICULAR DISTRICT: REGULATING THE DENSITY OF POPULATION, STRUCTURES, BUILDINGS, LANDS, INDUSTRY AND RESIDENCES IN THE ERECTION, REPAIR AND ALTERATION OF ALL BUILDINGS, AND STRUCTURES IN EACH PARTICULAR DISTRICT: ADOPTING A ZONING MAP, MAKING IT A PART OF THIS ORDINANCE: PROVIDING FOR THE LOCATION AND OUTLINE OF ALL DISTRICTS ON SAID ZONING MAP AND MAKING ALL FIGURES, LETTERS, MARKINGS AND COLORS ON SAID MAP A PART OF THIS ORDINANCE: CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS AND DUTIES: PROVIDING A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND PROVIDING FOR THE VALIDITY OF THIS ORDINANCE.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OVERTON, TEXAS:

The purpose of this ordinance is to zone the entire area of the City of Overton into districts as made and provided by Articles 1011-A to and including 1011-J of Chapter 4, Title 28 of the Vernon’s Annotated Texas Statutes, 1925, as amended, in accordance with a Comprehensive Plan for the purpose of promoting health, safety, and the general welfare of the general public. They have been designed to lessen congestion in the streets; to provide safety from fire, panic and other dangers; to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to provide and facilitate adequate provisions for transportation, automobile parking, water, sewerage, schools, parks and other public requirements. Said districts have been created with fair and reasonable consideration, among other things, of the character of each particular district and its peculiar suitability for particular uses; and thereby conserve the value of land and buildings in each particular district; and with a view of insuring the harmonious and appropriate use of all property and to prohibit the inharmonious and inappropriate use of all property and thereby promote the general welfare of the public.

In interpreting and applying the provisions of this Ordinance, they 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 easement, 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 other ordinances, rules, regulations or by easements, covenants or agreements, the provision of this Ordinance shall govern.