(a) Zoning
regulations herein established are to cover the following described
lands situated within the corporate limits of the City of Teague,
said area described as follows:
(1) Being the portion of land incorporated within the city limits of
the City of Teague by ordinance dated January 11, 1955, and being
described as follows:
BEGINNING at a point where Eighth Avenue and Central Streets
of the City of Teague intersect the city limits of the City of Teague,
Texas;
THENCE: East, paralleling the North boundary line of the city
park of the City of Teague, Texas, across a 26.5 acre tract and a
20 acre tract, said tracts being the property of Z. R. Boyd, Jr.,
to the East boundary line of said 20 acre tract;
THENCE: South, with said East boundary line to the present city
limits of the City of Teague, Texas.
(b) The
above described area to be used as a dwelling district, buildings
and land may be used for any of the uses listed below. No building
and structure hereinafter erected shall be altered or designed to
be used for any other purpose than those listed below.
(2) Public school, park or playground.
(3) Accessory Buildings:
including a private garage and
servant’s quarters, when located not less than eighty feet from
the front line, nor less than five feet from any other street line
or side street line.
(4) Incidental Uses:
uses customarily incident to any of
the above uses, when situated in the same dwelling and not involving
the conduct of a business, including customary home occupations when
engaged in by the occupants of the dwelling; such as dressmaker, the
office of a physician, surgeon, dentist, musician or artist, when
used as his or her private dwelling. Said incidental use, however,
shall never be permitted as a principal use, but only as a secondary
use when indispensably necessary to the enjoyment of the premises
for any of the uses permitted by this article and actually made of
the premises by not otherwise.
(5) Signs:
No window displays, no name plate exceeding two
(2) square feet in area, no temporary bulletin board exceeding twelve
(12) square feet in area pertaining to the lease, hire, or sale or
construction of a building or premises, no advertising sign of any
other character shall be permitted in this area.
(c) Regulations
for Buildings and Structures in the Above Described Area.
(1) The heights of any building or structure shall not exceed 35 feet
from the ground or be over 2½ stories in height.
(2) Dwellings shall be constructed of not less than 80% masonry exterior
exposed walls as figured in square feet of wall area.
(3) Dwellings shall contain not less than 1,200 square feet of enclosed
floor area, exclusive of garages, carports, terraces and similar areas.
(d) Regulations
for Yards and Gardens, in the Above Described Area.
(1) All front yards shall have a depth of not less than 30 feet from
the property line to the front line of the building, covered porch
or attached accessory building.
(2) There shall be two side yards, one on each side of the building,
having a width of not less than 12 feet.
(3) The minimum area of all lots shall be 20,000 square feet.
(4) All septic tanks shall be not less than 10 feet from any property
line or any road.
(e) Penalty.
Any person, firm or corporation who shall violate any of the provisions of this article or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any buildings in violation of this article, shall be guilty of a misdemeanor, and shall be fined in accordance with the general penalty provision found in Section
1.109 of this code, and each day of such violation shall be a separate a offense.
(Ordinance adopted 7/12/55)
(a) Established.
(1) Zoning regulations are hereby established to cover the following
described lands situated within the corporate limits of the city;
map attached to Ordinance 2012-09-25(02).
(2) In accordance with Texas Local Government Code section 211.001 et seq., the city desires to establish zoning and land use regulations specifically for the area described in subsection
(1) above for the purpose of protecting public health, safety, welfare, and investment of public funds.
(3) The city intends this to be an “interim zoning” district
until such time as a comprehensive plan can be adopted.
(b) Designated;
Approval.
(1) The city hereby designates the area defined in subsection
(a)(1) as
a “general commercial” zoning district. All proposed new development within this zoning district shall be commercial and/or retail commercial in nature.
(A) “General commercial” uses are hereby described as including,
but are not limited to, retail stores, restaurants, hotels, motels,
commercial recreation, personal services, business and financial services,
medical and professional offices, uses designed for the traveling
public, gas and service stations, grocery stores, conference centers,
automobile sales and service, or any other commercial uses that the
city council finds to be an appropriate use for this area of the city.
(2) Prior to any new development occurring within this general commercial
zoning district, any and all new land uses and development proposed,
as of September 25, 2012, shall require the approval of the city council.
(3) All proposed new development shall submit information to city staff
sufficient to provide the city council with information necessary
to make an informed decision on the appropriateness of the proposed
land use.
(c) Pre-Existing
Uses.
A use, lawfully occupying a structure or a site within the area defined by subsection
(a)(1) above on the effective date of this section, that does not constitute a commercial use, shall be deemed a legal, nonconforming use. Legal nonconforming uses may be continued indefinitely so long as the structures they occupy do not become vacant or the legal nonconforming use of the site ceases to exist for a period of 180 consecutive days or more.
(Ordinance 2012-09-25(02) adopted 9/25/12)
(a) In
accordance with the authority of section 211.007(e) of the Texas Local
Government Code, the governing body of the city (known as the board
of aldermen) shall exercise zoning authority without the appointment
of a zoning commission and any reference in law to a municipal zoning
commission or planning commission means the governing body of the
municipality (known as the board of aldermen);
(b) In
accordance with the authority of section 211.007(b) of the Texas Local
Government Code, the governing body of the city (known as the board
of aldermen) authorizes that it may hold joint public hearings of
the zoning commission and the governing body in accordance with this
section and in accordance with requirements in section 211.006 of
the Texas Local Government Code; and
(c) In
accordance with the authority of section 211.00S(g) of the Texas Local
Government Code, the governing body of the city (known as the board
of aldermen) grants the members of the governing body (known as the
board of aldermen) the authority to act as a board of adjustment under
chapter 211.
(Ordinance 2019-08-19-M adopted 8/19/19)
The following definitions apply to the provisions of this article:
Building code.
Any of the following adopted by the city, as amended: the
International Residential Code, the National Electrical Code; the
International Building Code.
Commercial building.
A building for the use or occupation of people for a public
purpose or economic gain, or a residence if the building is a multi-family
residence that is not defined as a residential building.
National Model Code.
A publication that is developed, promulgated, and periodically
updated at a national level by organizations consisting of industry
and government fire and building safety officials through a legislative
or consensus process and that is intended for consideration by units
of government as local law. “National model code” includes
the International Residential Code, the National Electrical Code and
the International Building Code.
Residential building.
A building having the character of a one-family or two-family
dwelling or a multiple single-family dwelling that is not more than
three stories high with separate means of egress, including the accessory
structures of the dwelling and that does not have the character of
a facility used for the accommodation of transient guests or a structure
in which medical, rehabilitative, or assisted living services are
provided in connection with the occupancy of the structure.
(Ordinance 2019-08-19-L adopted 8/19/19)
(a) Notwithstanding
any other provision contained in the city’s ordinances, regulations
or rules to the contrary, an official responsible for enforcement
of the city’s zoning ordinance or building codes, as designated
by city charter, ordinance or other authorization of the city, shall
not:
(1) Prohibit or limit, directly or indirectly, the use or installation
of a building product or material in the construction, renovation,
maintenance, or other alteration of a residential or commercial building
if the building product or material is approved for use by a national
model code published within the last three code cycles that applies
to the construction, renovation, maintenance, or other alteration
of the building; or
(2) Enforce a standard for a building product, material, or aesthetic
method in construction, renovation, maintenance, or other alteration
of a residential or commercial building if the standard is more stringent
than a standard for the product, material, or aesthetic method under
a national model code published within the last three code cycles
that applies to the construction, renovation, maintenance, or other
alteration of the building.
(b) An
applicant who proposes to use a building material, product or aesthetic
method in the construction or alteration of a residential or commercial
building that is prohibited or limited by the city’s adopted
zoning ordinance or building codes, as amended, or that is less stringent
than the standard established by such ordinance or building codes,
as amended, shall identify each provision in a national model code
published within the last three code cycles that approves the use
of such building material, product or aesthetic method, as a necessary
requirement of the application.
(c) An applicant may agree in writing to employ a building material, product or aesthetic method for use in the construction or alternation of a residential or commercial building that otherwise cannot be enforced under subsection
(a).
(Ordinance 2019-08-19-L adopted 8/19/19)
The prohibitions in section
14.202 do not apply to the following ordinances, requirements or programs of the city or state, and the officials responsible for enforcement of the city’s zoning ordinance and building codes, as designated by city charter, ordinance or other authorization of the city, shall apply all regulations and standards prescribed by such enactments, requirements or programs, whether such ordinances, requirements or programs existing or hereafter adopted or established, to the fullest extent therein provided:
(1) A local amendment of a building code to conform to local concerns if the amendment does not conflict with sections
14.202(a) or
(b);
(2) A program
established by a state agency that requires particular standards,
incentives, or financing arrangements in order to comply with requirements
of a state or federal funding source or housing program;
(3) A requirement
for a building necessary to consider the building eligible for windstorm
and hail insurance coverage under chapter 2210, Texas Insurance Code;
(4) An
ordinance or other regulation that regulates outdoor lighting that
is adopted for the purpose of reducing light pollution and that:
(A) Is adopted by a governmental entity that is certified as a dark sky
community by the International Dark-Sky Association as part of the
International Dark Sky Places Program; or
(B) Applies to outdoor lighting within five miles of the boundary of
a military base in which an active training program is conducted;
(5) An
ordinance that regulates outdoor lighting and is adopted under subchapter
B, chapter 229, Texas Local Government Code, or under subchapter B,
chapter 240, Texas Local Government Code; or
(6) Installation
of a fire sprinkler protection system under Tex. Occupation Code,
section 1301.551(i), or under Tex. Health and Safety Code, section
775.045(a)(1).
(Ordinance 2019-08-19-L adopted 8/19/19)
The prohibitions in section
14.202 do not apply to the following buildings, and the officials responsible for enforcement of the city’s zoning ordinance and building codes, as designated by city charter, ordinance or other authorization of the city, shall apply all regulations and standards prescribed by those ordinances or codes to such buildings, whether such provisions are existing or hereafter adopted or established, to the fullest extent.
(1) A building
located in a place or area designated for its historical, cultural,
or architectural importance and significance by the city which were
adopted by the board of aldermen prior to April 1, 2019:
(2) A building located in a zoning district designated by the board of aldermen after April 1, 2019 for its historical, cultural, or architectural importance and significance by the city, and for which the owner has voluntarily consented in writing to the application of the regulations or standards prohibited by section
14.202, including the following zoning districts and any district that may hereafter be created by the board of aldermen for its historical, cultural, or architectural importance and significance;
(3) A building
located in a place or area designated for its historical, cultural,
or architectural importance and significance that a municipality may
regulate under section 211.003(b), Texas Local Government Code, if
the municipality:
(A) Is a certified local government under the National Historic Preservation
Act (54 U.S.C. section 300101 et seq.); or
(B) Has an applicable landmark ordinance that meets the requirements
under the certified local government program as determined by the
Texas Historical Commission;
(4) A building
located in an area designated as a historic district on the National
Register of Historic Places;
(5) A building
designated as a Recorded Texas Historic Landmark;
(6) A building
designated as a state archeological landmark or state antiquities
landmark;
(7) A building
listed on the National Register of Historic Places or designated as
a landmark by a governmental entity;
(8) A building
located in a world heritage buffer zone; and
(9) A building
located in an area designated for development, restoration, or preservation
in a main street city under the main street program established under
section 442.014, Texas Government Code.
(Ordinance 2019-08-19-L adopted 8/19/19)
(a) An applicant, landowner or other aggrieved person may appeal the decision of an official responsible for enforcement of the city’s zoning ordinance or building codes, as designated by city charter, ordinance or other authorization of the city, applying a regulation or standard to the construction, renovation, maintenance, or other alteration of a residential or commercial building, which application is asserted to be prohibited by section
14.202, in the following manner:
(1) If the decision applies a requirement of a building code, to the
building board of appeals, or if there is no building board, to the
zoning board of adjustment; or
(2) If the decision applies a requirement of the zoning ordinance, to
the zoning board of adjustment.
(b) The appeal shall identify the provision or provisions which the appellant alleges to have been applied in violation of section
14.202. The appeal shall be filed, processed and decided in the manner provided for appeals by the appellate entity herein designated.
(Ordinance 2019-08-19-L adopted 8/19/19)
Notwithstanding any other provision contained in the city’s
ordinances, regulations or rules to the contrary, the following provisions
apply to the adoption of or amendment to rules of the zoning board
of adjustment and to appellate procedures before the board.
(1) Rules
of the zoning board of adjustment adopted or amended on or after september
1, 2019, must be approved by the board of aldermen.
(2) Appeals
to the board from the decision of an administrative official made
on or after September 1, 2019, shall be governed by the following
rules:
(A) An appeal of a decision by an administrative official that is not
related to a specific application, address or project may be made
by an aggrieved person or any officer, department, board, or bureau
of the city affected by the decision.
(B) An appeal of a decision by an administrative official that is related
to a specific application, address or project may be made by: the
applicant; the owner or owner’s representative of the property
that is the subject of the decision; an aggrieved person who is the
owner of property within 200 feet of the property that is the subject
of the decision; or any officer, department, board, or bureau of the
city affected by the decision.
(Ordinance 2019-08-19-L adopted 8/19/19)