This ordinance shall be known as the “Zoning Ordinance”
of the City of Ralls, Texas.
(1980 Code, ch. 9, sec. 9 (§ 1))
The purpose of this ordinance shall be to lessen congestion
in the streets, to secure safety, to promote health and the general
welfare, to provide adequate air and light, to prevent the overcrowding
of land, to avoid undue concentration of population, to facilitate
the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements in accordance with the comprehensive
plan.
(1980 Code, ch. 9, sec. 9 (§ 2))
All of the incorporated area within the City of Ralls, Texas
and the jurisdiction subsequent of one-half miles in each direction
of the city limits, shall be known as the “Ralls Zoning Area”
and the regulations[,] restrictions and provisions of this ordinance
shall apply thereto.
(1980 Code, ch. 9, sec. 9 (§ 3))
In order to carry out the provisions of this ordinance, there
are hereby created and established, the following classifications
for zoning districts;
“R-1” RESIDENTIAL DISTRICT: A district allowing
residential, public facilities, accessory uses and other uses necessary
to insure the healthy and orderly development to the districts.
“R-2” RESIDENTIAL DISTRICT: A district allowing
residential and multifamily dwellings and apartment buildings and
accessory uses thereto.
“R-1-MH” RESIDENTIAL DISTRICT: A district allowing
residential, public facilities, accessory uses and mobile homes and
modular homes and other uses necessary to insure the healthy and orderly
development to the district.
“R-3” EXTRATERRITORIAL JURISDICTION: That territory
lying contiguous to the city limits for a distance of one-half (1/2)
mile in all directions and over which the city is given certain jurisdiction
by the Laws of the State of Texas.
“B-1” BUSINESS DISTRICT: A district allowing commercial
development and limited residential and industrial uses necessary
to insure the healthy and orderly development of the district.
“B-2” BUSINESS DISTRICT: A district of central location
in city allowing commercial development uses necessary to insure the
healthy and orderly development of the district.
“B-3” RECREATIONAL AND PRIVATE CLUB DISTRICT: Private
Clubs, bars, dance halls, pool or billiards, bowling alleys, arcades,
and other uses as movie theaters, skating rinks, massage parlors,
etc. necessary to insure the healthy and orderly development of the
district.
“I-1” INDUSTRIAL DISTRICT: A district allowing light
industrial uses, limited commercial and residential uses necessary
to insure the healthy and orderly development of the district. Also
module, trailer and cotton storage in compliance with Insurance Fire
Code in Attachment No.1.
(1980 Code, ch. 9, sec. 9 (§ 4))
The boundaries and zoning classifications of districts hereby
established are shown on the map titled, “Zoning District Map
of Ralls, Texas”, dated the 15th day of December, 1980, which
maps and notations, amendments, references, data and other information
shown thereon are by reference hereby made a part of this ordinance.
(1980 Code, ch. 9, sec. 9 (§ 5))
A.
EXCEPT
AS hereinafter provided:
1.
No buildings
shall be erected and no existing building shall be moved, altered,
added to or enlarged, nor shall any land, building or premises be
used, designated or intended to be used for any purpose or in any
manner other than is included among the uses hereinafter listed as
permitted in the district in which such building, land or premises
is located.
2.
No sign
or billboard shall be erected, moved, altered, added to, enlarged,
painted or modified except in conformity to the sign and billboard
regulations.
3.
No building
shall be erected, nor shall any existing building be altered, enlarged
or rebuilt, nor shall any open space surrounding any building be encroached
upon or reduced in any manner, except in conformity with the district
in which such building or open space is located.
4.
No yard
or other open space provided about any building for the purpose of
complying with provisions of this ordinance shall be considered as
providing a yard or open space for a building or any other lots.
B.
THE REGULATIONS
contained herein are not retroactive and apply only to buildings and
uses established after the effective date of this resolution.
C.
THE PROVISIONS
of this ordinance shall not apply to farm, ranch and forestry dwellings,
buildings or agricultural uses located, or to be located, on a tract
of five (5) or more acres in size.
(1980 Code, ch. 9, sec. 9 (§ 6))
A.
In the
“R-1” Residential District no building or land shall be
used and no building shall be hereafter erected, converted or structurally
altered, unless otherwise provided herein, except for one or more
of the following uses:
B.
In the
“R-1” Residential district the building site minimum will
be a fifty foot (50') front, with the building being set back a minimum
of thirty feet (30') from the front of the site, and there shall be
a five foot (5') minimum from each side of the property line to the
building wall with a minimum of ten feet (10') between solid structures
and a minimum of ten feet (10') from alleyway.
C.
In the
“R-1” Residential District no permanent sign shall be
constructed larger than 6 feet in area. No sign shall be lighted or
animated, or fluorescent, or phosphorescent except traffic signs,
street signs, and house numbers may be lighted, provided the colors
are not red, amber or flashing. The maximum height to the top of signs
shall conform to the top of the building structure.
D.
SIGN BULLETIN
as in [an] accessory use to a church, school, institution of [or]
public agency for announcement purposes not exceeding thirty (30')
square feet in area and six (6) feet in height.
E.
In the
“R-1” Residential District, no more than (10) gallons
of gasoline or other flammable liquids may be stored above ground,
in, on or around any building (and accessory uses thereto). Accessory
uses shall, however, be disregarded when computing the number of gallons
of gasoline or other flammable liquids allowed by this provision to
be so stored.
(1980 Code, ch. 9, sec. 9 (§ 7))
A.
In the
“R-2” Residential District all buildings and land shall
be used as permitted in the Section “R-1” Residential
District. No building or land shall be used and no building shall
be hereafter erected, converted or structurally altered unless otherwise
provided herein except for one or more of the following uses:
1.
Single-family
buildings and accessory uses thereto.
2.
Multifamily
dwellings, apartments and duplexes.
3.
Public
and private parks, libraries, schools, day nurseries, public uses,
hospitals, clinics, nursing homes, and adequate parking for these
facilities, and accessory uses thereto.
4.
Churches
and accessory uses thereto.
5.
Home
occupations with adequate parking area.
6.
Identification
signs.
B.
In the
“R-2” Residential District the building site minimum will
be fifty foot (50') front, with the building being set back a minimum
of thirty (30') feet from the front of the site, and there shall be
a five foot (5') minimum from each side of the property line to the
building wall, and set back a minimum of ten feet (10') from the alleyway.
C.
In the
“R-2” Residential District, no more than ten (10) gallons
of gasoline or other flammable liquids may be stored above ground,
in, on or around any building (and accessory uses thereto). Accessory
uses shall, however, be disregarded when computing the number of gallons
of gasoline or other flammable liquids allowed by this provision to
be so stored.
D.
Signs shall
be in compliance as “R-1” regulation.
(1980 Code, ch. 9, sec. 9 (§ 8))
A.
In the
“R-1-MH” Residential District, no building or land shall
be used and no building shall be hereafter erected, converted or structurally
altered, unless otherwise provided herein, except for one or more
of the following uses:
B.
In the
“R-1-MH” Residential District, no more than ten (10) gallons
of gasoline or other flammable liquids may be stored above ground,
in, on or around any building (and accessory uses thereto). Accessory
uses shall, however, be disregarded when computing the number of gallons
of gasoline or other flammable liquids allowed by this provision to
be so stored.
(1980 Code, ch. 9, sec. 9 (§ 9))
A.
In the
“B-1” Business District no building or land shall be used
and no building shall be hereafter erected, converted or structurally
altered, unless otherwise provided herein, except for one or more
of the following uses:
1.
Single-family
and modular residences and accessory uses thereto.
2.
Retail
and wholesale sales when such sales are made or offered within the
enclosure of buildings. Exceptions will be allowed to enclosure requirements
when such sale is conducted by more than 50% of the commercial establishments
in the district.
3.
Professional
services, personal services, hospitals, clinics, funeral homes, and
pharmacies.
4.
Offices
5.
Enclosed
storage not involving oxygen or flammable liquids or gases.
6.
Auto
and equipment repair and storage when enclosed.
7.
Public
and private parking.
8.
Assembly
uses.
9.
Churches,
schools, parks, nurseries, nursing homes, public buildings and public
uses.
10.
Newspaper
plants and printing plants.
11.
Food
manufacturing and processing not involving animals or animal processing.
12.
Hotels,
motels, boarding houses and lodging houses providing at least one
(1) audible smoke alarm per resident unit.
13.
Furniture
manufacture and repair.
14.
Signs.
15.
Drive-in
services where adjacent property is protected from blowing paper or
debris by screens at least five feet (5') in height.
16.
Restaurants,
cafes, coffee shops.
17.
New
automobile, mobile home and farm implement sales.
18.
Service
stations and service islands.
19.
Accessory
uses to the above uses.
B.
In the
“B-1” Business District, no sign shall be constructed,
erected, altered or painted or improved which exceeds three hundred
(300) square feet in area.
(1980 Code, ch. 9, sec. 9 (§ 10))
A.
In the
“B-2” Business District, no building or land shall be
used and no building shall thereafter be erected, converted or structurally
altered, unless otherwise provided herein, except for one or more
of the following uses:
1.
Retail
and wholesale establishments.
2.
Professional
services, funeral homes, pharmacies, clinics.
3.
Offices
4.
Enclosed
storage not involving oxygen or flammable liquids or gases.
5.
Vehicle
and equipment repair and storage when enclosed.
6.
Public
and private parking.
7.
Churches,
schools, parks, public building and public uses.
8.
Printing
plants, newspaper plants
9.
Food
manufacturing not involving animals or animal processing.
10.
Hotels,
motels, boarding houses, lodging houses, providing at least (1) one
audible smoke alarm per resident unit.
11.
Furniture
repair and manufacture.
12.
Signs
13.
Restaurants,
cafes, coffee shops.
14.
New
automobile, mobile home and farm implement sales
15.
Accessory
uses to the above uses.
B.
In the
“B-2” Business District, no sign shall be constructed,
erected, altered or painted or improved which exceeds three hundred
square feet (300) in area. Highway frontage should be five hundred
square feet (500) as long as not to encroach upon another’s
property, and not to exceed thirty feet in height unless franchise
demands otherwise.
(1980 Code, ch. 9, sec. 9 (§ 11))
A.
In the
“I-1” Industrial District, no building or land shall be
used and no building shall be hereafter erected[,] converted or structurally
altered, unless otherwise provided herein, except for one or more
of the following uses:
1.
Industries
which could not emit obnoxious odors or offensive noises or lint,
smoke, smog; and which encloses all activities.
2.
Parts,
assembly plants and mixing plants.
3.
Enclosed
storage not involving oxygen or flammable liquids or gases.
4.
Manufacture
not involving volatile materials. The breeding and raising of small
birds and animals in enclosed, sanitary facilities which do not permit
the emission of offensive odors or noises and where insects are effectively
controlled. Nothing in this section is intended to permit the raising
of fowl for human consumption.
5.
Residence
of security guards, firemen and other persons employed at the place
of business.
6.
Parks
and public uses.
7.
Railroads,
depots and accessory uses other than open storage.
8.
Veterinarian
offices, indoor soundproof kennels only.
9.
Residential
dwellings and accessory uses thereto, with a habitable building area
of not less than eight hundred square feet (800).
10.
Mobile
home courts and accessory uses thereto, except no mobile home courts
shall be constructed unless the land area shall be at least forty-two
thousand square feet (42,000) or one-half block (1/2).
11.
Service
stations and service islands.
12.
Accessory
uses to the above uses.
B.
In the
“I-1” Industrial District, no sign shall be constructed,
erected, altered or painted or improved which exceeds five hundred
square feet (500) and be in compliance with “B-1” and
“B-2” regulations for signs.
(1980 Code, ch. 9, sec. 9 (§ 12))
A.
The provisions
of this ordinance shall apply to the extraterritorial jurisdiction
of the city as provided by Article 970(a) V.T.C.S.
B.
All extraterritorial
land shall assume the designation and regulation of that district
within the city to which the extraterritorial land is contiguous with
the following exceptions:
1.
The
territory lying south of the southernmost boundaries of the city;
the territory lying east of the eastern boundary of the city and between
U.S. 82 and the south city limits line, and the territory lying west
of the western, boundary of the city and between a line extended west
from the north side, 10th street and the southernmost boundaries of
the city shall bear the “I-1” designation and regulations.
2.
The
territory lying west of the western boundary of the city and between
a line extended west from the north side of 10th street and the northern
most boundaries of the city shall bear the “I-1” designation
and regulation.
C.
In the
interest of proper planning and orderly development of the city, no
territory will hence for [henceforth] be annexed to the City of Ralls
that does not conform to the uses designated herein with an amendment
to this ordinance.
(1980 Code, ch. 9, sec. 9 (§ 13))
A.
In the
“B-3” Recreational and Private Club District, no building
or land shall be used and no building shall be hereafter erected,
converted or structurally altered, unless otherwise provided herein:
1.
Public
and Private parking
2.
Restaurants,
cafes, coffee shops.
3.
Drive-in
services where adjacent property is protected from debris and blowing
paper by screens at least five feet (5') in height.
4.
Private
clubs, bars, dance halls, and pool or billiard, bowling alleys, arcades
and other uses necessary to insure the healthy and orderly development
of the district.
5.
No sign
shall be constructed, erected, altered or painted or improved which
exceeds fifty square feet (50') in area or which contains flashing
lights, animated parts. Signs shall not exceed the height of building.
(1980 Code, ch. 9, sec. 9 (§ 14))
When consistent with the content, words used in the present
tense include the future; words in the singular number include the
plural number; words in the plural number include the singular number;
and the masculine include the feminine.
A.
Terms
not defined herein shall be defined in the adopted building code and
subdivision regulations. Terms used in the singular shall also designate
the plural; terms in the plural shall also designate the singular.
B.
For the
purpose of this ordinance certain terms and words are hereby defined
as follows:
1.
ACCESSORY
USES: A use naturally and normally incidental to, subordinate to and
devoted exclusively to the main use of the premises as further defined.
2.
ACCESSORY
USES: CHURCHES: Buildings designed for residence of employees, assembly
rooms, eating establishments, sanctuaries, chapels, maintenance, parking,
mausoleum, landscaping, bell towers, sculpture, and other accessory
uses as approved.
3.
ACCESSORY
USES: COMMERCIAL: Buildings designed for off-street parking, garages,
for occupants and visitors, storage buildings and docks, processing
and manufacturing incidental thereto, temporary construction structures.
4.
ACCESSORY
USES: INDUSTRIAL: Buildings designed for warehousing, storage, parking,
garages, for occupants and visitors, storage buildings and docks,
processing and manufacturing incidental thereto, temporary construction
structures.
5.
ACCESSORY
USES: RESIDENTIAL: Garages less than six hundred square feet (600)
in area, guest homes less than eight hundred square feet (800) in
area, storage buildings, less than three hundred square feet (300)
in area, fences, hedges, walls, houses for pets, play structures,
noncommercial greenhouses, home occupations, temporary construction
structures.
6.
APARTMENT
HOUSES AND APARTMENTS: Any buildings or portion thereof, which is
designed, built, rented, leased, let or hired out to be occupied,
or which is occupied as the home or residence of two (2) families
or more living independently of each other and doing their own cooking
in the said building, and shall include flats and apartments.
7.
APPROVED:
Approved by the Building Official.
8.
AREA,
HABITABLE BUILDINGS, MINIMUM: Area excluded; garages, cellars, basements
and porches.
9.
BUILDING
AREA: The total area enclosed by a line formed by the outside surface
of all walls at the foundation line.
10.
BUILDING
HEIGHT: Average vertical distance from finished grade or ground level
to the highest point of the roof, tower or obstruction.
11.
BUILDING:
Any structure built for the support, shelter or enclosure of person,
animal, chattel, or property of any kind which has enclosing walls
for fifty percent (50%) of its perimeter. The term “building”
shall be construed as if followed by the words “or part thereof”.
(for the purpose of this ordinance each portion of a building separated
from other portions by a fire wall shall be considered as a separate
building).
12.
CITY:
The City of Ralls, Texas, Crosby County
13.
CITY
COUNCIL: The City Council of the City of Ralls, Texas.
14.
COUNTY:
Crosby County
15.
DENSITY:
Number of dwellings divided by acreage.
16.
DWELLING
OR HOUSEHOLD: An area of one or more rooms used by one family contains
not more than one kitchen and not less than one bathroom.
17.
ENCLOSED
STORAGE: Enclosed by walls and doors to a height of eight or more
feet to effectively screen the contents from view, protect from vandalism
and retard the spread of fire.
18.
FIRE
WALL: Masonry walls, eight inches or more in width, continuous from
foundation to roof without openings other than fireproof doors.
19.
FOOD
AND FEED PROCESSING, ANIMAL PRODUCTS: Detached building designed for
or occupied by food and feed processing, animal and vegetable; feed
mills, packing plants, dairies, canneries.
20.
FOOD
PROCESSING, OTHER THAN ANIMAL PRODUCTS: Detached building designed
for or occupied by manufacture of food for humans from vegetable products
with incidental animal fats or seasoning.
21.
GROSS
AREA: Total area of block or subdivision including all streets, easements
and public land therein and one-half of the area of abutting streets
and public lands.
22.
HABITABLE
BUILDING: Rooms occupied by one or more persons for living, eating,
sleeping, or working purposes. It does not include cellars, basements
and porches.
23.
HEIGHT
AS APPLIED TO A BUILDING: The vertical distance from grade to the
highest finished roof surface in the case of flat roofs or to a point
at the average height of roofs having a pitch of more than one (1)
foot and four and one-half (4-1/2) feet; height of a building in stories
does not include basements and cellars, except as specifically provided
otherwise.
24.
HEIGHT
AS APPLIED TO A WALL OR SIGN: The vertical distance from finish grade
to the top or highest part of the sign.
25.
HOME
OCCUPATIONS: Any occupation that is customarily carried on at home
that does not involve a structural change in the dwelling unit or
in a building accessory to the dwelling unit, that does not require
the employment of help other than members of the immediate family,
the installation of equipment or electric motors, exceeding a total
limitation of three horsepower per dwelling unit, provided however
that the following use shall not be permitted as customary home occupations;
(a)
Any office in which chattels or goods, ware or merchandise are commercially
created, exchanged or sold; barber or beauty shops, Beauty culture
schools, commercial stables, kennels, rabbitries, aviaries or any
other commercial breeding or raising of birds or animals. Offices
of doctors, dentists, optometrists or chiropractors for the treatment
of patients and or the display of goods, not located in a separate
building.
26.
HOSPITAL,
NURSING HOMES: Public or private hospitals, clinics, homes for the
aged, nursing homes, employees’ quarters and accessory uses.
27.
HOTEL,
MOTEL, BOARDING HOUSE, LODGING HOUSE: A detached building designed
or occupied by transients or by five or more unrelated persons by
blood or marriage.
28.
INDOOR
WAREHOUSING AND ENCLOSED STORAGE: Buildings designed for occupancy
by warehousing or storage and all areas enclosed by permanent walls
at least eight feet (8') in height which visually screen the storage
area from adjacent lands, excluding storage of oxygen and explosives.
29.
LOT:
A parcel of land considered as a unit.
30.
LOT
AREA: The total area within the property lines of the structure or
use under examination, excluding adjacent streets and public lands.
31.
MOBILE
HOME: A detached building designed for or moved as a whole to the
building site including trailer homes, not less than 800 square feet.
32.
MODULAR
AND PRE FAB HOMES: A building designed for or moved as a whole to
the building site set on and grounded to a concrete foundation not
less than 801 square feet in area.
33.
MULTIPLE-FAMILY
DWELLINGS: Buildings designed for or occupied by two (2) families
or more living independently of each other and doing their own cooking
in said building.
34.
OPEN
STORAGE: Outdoor storage, warehousing, junk yards, auto wrecking yards
and material storage bins.
35.
OXYGEN
AND COMBUSTIBLE STORAGE AND YARDS: Open or enclosed storage of wood,
coal, manufactured or natural gas, oil, petroleum, oxygen and explosives
located in accordance with criteria adopted by the Planning and Zoning
Commission.
36.
PARKING
SPACE: Space within a building or a public or private parking area
for the parking of one (1) automobile.
37.
PARKS,
PLAYGROUNDS AND SCHOOL: Spaces, areas, building designed for or occupied
by and owned or dedicated to the public for public activities; or
private parks, cemeteries, playgrounds and accessory uses incidental
thereto.
38.
ASSEMBLY
PLANTS AND MIXING PLANTS: Detached buildings designed or occupied
by assembly mixing plants which combine two or more component parts
or ingredients, resulting in no dust or noise problem for adjacent
lots and lands.
39.
PERSON:
A natural person, his heirs, executors, administrators, or assigns,
and also includes a firm, partnership or corporation, its or their
successors or assigns, or the agent of any of the aforesaid.
40.
PLANNING
COMMISSION: The Ralls Planning and Zoning Commission.
41.
PRINTING
PLANTS AND NEWSPAPER PLANTS: Detached buildings designed for or occupied
by commercial printing presses, or other processes or printing.
42.
PRIVATE
SCHOOLS, DAY NURSERIES, DAY SCHOOLS: Schools other than public schools
where buildings designed for or occupied by day nurseries or day schools
where persons other than the aged are cared for and or instructed.
43.
PROFESSIONAL
BUILDINGS. Laboratories, research institutes and offices for professionals
such as physicians, dentists, lawyers, architects, engineers, realtors,
artists, musicians, designers, teachers, accountants, and others who
through training are qualified to perform services of a professional
nature, and where no storage, sale or care of animals or storage or
sale of merchandise is involved.
44.
PUBLIC
USES: Any use controlled by the city, county, state, federal government
or improvement district.
45.
RESIDENTIAL
DWELLING: Single and multiple-family dwellings, apartments, not including
hotels and motels.
46.
SIGNS:
Any words, lettering, parts of letters, figures, numerals, phrases,
sentences, devices, pictures, trade names or trade marks by which
anything is made known, such as uses to designate an individual, a
firm, an association[,] a corporation, a profession, a business, a
service or a commodity of product, or any type of publicity or propaganda,
whether placed on a building, flag, wall, roof, frame support, fence
or other man-made device which are visible from any public street,
public highway or public road or right-of-way.
47.
SIGN-AREA:
The gross area determined by the longest line circumscribing all parts
of signs including structure supports, when the sign is placed on
buildings without background, frame or other device. When the sign
is placed on buildings the area shall not include that area not covered
by the sign.
48.
SINGLE-FAMILY
BUILDING: Detached buildings designed for or occupied by two or more
related persons by blood or marriage or a group of not more than five
persons who need not be related by blood or marriage living in one
dwelling which contains not less than one bath nor more than one kitchen.
(see Building.)
49.
SERVICE
STATIONS: An establishment where service may be obtained for automobiles,
as the furnishing of gasoline, oil, water, air, greasing, periodic
maintenance.
50.
STREET:
Any public thoroughfare (street, avenue, boulevard, park) or space
more than twenty (20') feet in width which has been dedicated or deeded
to the public for public use.
51.
STRUCTURE:
That which is built or constructed, an edifice or building of any
kind, or any piece of work artificially built up or composed of parts
joined together in some definite manner. The term “structure”
shall be construed as if followed by the words “or part thereof.”
52.
REPAIR
GARAGES: Buildings designed for or occupied by major repair activities
for automobiles, trucks, farm, earth-moving, household and or commercial
equipment providing that no open storage will be allowed.
53.
RETAIL
SALES, COMMERCIAL USES: Buildings designed for or occupied by activities
offering services, real estate, insurance, art, appliances, food,
cleaning, clothing, drugs, flowers, furniture, garden and household,
hardware, jewelry, music, photographs, post office, shoes, tobacco,
newspapers, toys, and general merchandise.
(1980 Code, ch. 9, sec. 9 (§ 15); Ordinance 1906, ex. A, adopted 6/18/19)
OFF-STREET Parking shall be required in connection with the
following uses in all districts:
1.
ONE FAMILY
DWELLING: One parking space for each dwelling unit.
2.
APARTMENT
HOUSE & MULTIPLE-FAMILY DWELLINGS: One and one-half spaces for
each dwelling unit.
(1980 Code, ch. 9, sec. 9 (§ 16))
A.
INTENT.
1.
If within
the districts established by this ordinance or amendments that may
later be adopted there exist lots, structures, and uses of land and
structures which were lawful before this ordinance was passed or amended,
but which would be prohibited, regulated or restricted under the terms
of this ordinance or future amendment, it is the intent of this ordinance
to permit these nonconformities to continue until they are removed,
but not to encourage their survival. Such uses are declared by this
ordinance to be incompatible with permitted uses in the districts
involved. It is further the intention of this ordinance that nonconformities
shall not be enlarged upon, expanded or extended, nor be used as grounds
for adding other structures or uses prohibited elsewhere in the same
district.
2.
A nonconforming
use of a structure, a nonconforming use of land, or a nonconforming
use of a structure and land shall not be extended or enlarged after
passage of this ordinance by attachment on a building or premises
of additional signs intended to be seen from off the premises, or
by the addition of other uses of a nature which would be prohibited
generally in the district involved.
3.
To avoid
undue hardship, nothing in this ordinance shall be deemed to require
a change in the plans, construction or designated use of any building
on which actual construction was lawfully begun prior to the effective
date of adoption or amendment of this ordinance and upon which actual
building construction has diligently been carried on. Actual construction
is hereby defined to include the placing of construction materials
in permanent position and fastened in a permanent manner; except that
where demolition or removal of an existing building has been substantially
begun preparatory to rebuilding, such demolition or removal shall
be deemed to be actual construction, provided that work shall be diligently
carried on until completion of the building involved.
B.
NONCONFORMING
LOTS OF RECORD.
In a district where single-family dwellings
are permitted, a single-family detached dwelling may be erected on
any lot of official record at the effective date of adoption or amendment
of this ordinance irrespective, of its area or width, provided that
yard dimensions and other requirements not involving area or width,
or both, of the lot shall conform to the regulations for the district
in which such lot is located. Variance of yard dimensions and other
requirements shall be obtained only through action of the City Council.
C.
NONCONFORMING
USES OF LAND.
1.
No such
nonconforming use shall be enlarged or increased, nor shall be extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this ordinance.
2.
No such
nonconforming use shall be moved in whole or in part to any portion
of the lot or parcel occupied by such use at the effective date of
adoption or amendment of this ordinance;
3.
If any
such nonconforming use of land ceases for any reason (except by reason
of destruction of the premises because of fire, act of God, involuntary
destruction, or involuntary damage) for a period of more than sixty
days, any subsequent use of such land shall conform to the regulations
specified in this ordinance for the district in which such land is
located.
D.
NONCONFORMING
STRUCTURES.
Where a lawful structure exists at the effective
date of adoption or amendment of this ordinance that could not be
built under the terms of this ordinance by reason of restrictions
on area, lot coverage, height, yards, or other characteristics of
the structure or its location on the lot, such structure may be continued
so long as it remains otherwise lawful, subject to the following provisions:
1.
No existing
structure devoted to a use not permitted by this ordinance in the
district in which it is located shall be enlarged, extended, constructed,
reconstructed, moved, or structurally altered except in changing the
use of the structure to a use permitted in the district in which it
is located.
2.
Any
nonconforming use may be extended throughout any part of a building
which is manifestly arranged or designed for such use at the time
of adoption or amendment of this ordinance, but no such use shall
be extended to occupy any land outside such building;
3.
If no
structural alterations are made, any nonconforming use of a structure,
or structure and premises, may be changed to another nonconforming
use provided that the City Council, either by general rule or by making
findings in the specific case, shall find that the proposed use is
equally appropriate or more appropriate to the district than the existing
nonconforming use. In permitting such change, the City Council may
require appropriate conditions and safeguards in accordance with the
provisions of this ordinance.
4.
Any
structure, or structure and land in combination, in or on which a
nonconforming use is superseded by a permitted use, shall thereafter
conform to the regulations for the district in which such structure
is located, and the nonconforming use may not thereafter be resumed:[;]
5.
When
a nonconforming use of a structure, or structure and premises in combination,
is discontinued or abandoned for 6 consecutive months or for 18 months
during any three-year period, the structure or structure and premises
in combination, shall not thereafter be used except in conformance
with the regulations of the district in which it is located, except
with the approval of the City Council;
6.
Where
nonconforming use status applies to a structure and premises in combination,
removal or destruction of the structure shall eliminate the nonconforming
status of the land;
7.
On any
building devoted in whole or in part to any nonconforming use, the
same may be repaired, provided that the repairs and construction work
done on said building complies with the Building Code of the City
of Ralls;
8.
Nothing
in this ordinance shall prevent the reconstruction, repair or rebuilding
and continued use of any nonconforming building or structure damaged
by fire, collapse, explosion or acts of God subsequent to the time
of this ordinance.
9.
Nothing
in this ordinance shall prevent the reconstruction, repair or rebuilding
of a nonconforming structure, building, or any part thereof, existing
at the effective date of this ordinance, rendered necessary by wear
and tear or depreciation, provided that such repair or rebuilding
shall comply with the provisions of the Building Code of the City
of Ralls.
10.
Any
use for which an exception is permitted as provided in this ordinance
shall not be deemed a nonconforming use, but shall without further
action be deemed a conforming use in such district.
11.
Where
a structure has a nonconforming use, the use of such structure may
be permitted for the use of any other trade, industry or use that
will be no more injurious, hazardous, or noxious than the use for
which it has a nonconforming status, provided that approval is first
obtained from the City Council finds [sic] that the said Board further
finds that such proposed use will not be any more injurious, hazardous
or noxious than the nonconforming use of said structure or premises
theretofore established; and provided further that the City Council
finds that the proposed use will not be contrary to the public interest
and that the spirit of the ordinance will nevertheless be observed
and substantial justice done.
(Ordinance 1702, ex. A, adopted 2/21/17)
A.
VARIANCES
AUTHORIZED.
Whenever the tract, design or plan is of
such unusual size or shape or arrangement or is surrounded by such
development or conditions that the strict application of the provisions
of this ordinance would result in substantial hardships, or where
special planning of complex integrated facilities would promote health
and welfare, the building official with advice of the Planning and
Zoning Commission may vary, modify, or waive such requirements to
the end that the facilities may be developed consistent with the public
welfare and safety.
B.
MINIMUM
CONDITIONS TO GRANT VARIANCE.
Before any variance may
be granted by the city council, the following minimum requirements
must be met:
1.
Granting
the variance is not contrary to the public interest;
2.
Due
to special conditions, a literal enforcement of the ordinance would
result in unnecessary hardship that is unique, oppressive, not common
to other property, not merely financial and not self-imposed; and
3.
The
spirit of the zoning ordinance is still observed and substantial justice
is done.
C.
APPLICATION
AND FEES.
Any property owner desiring a variance or appealing
a decision of a building official under this chapter must file an
application for a variance or a written notice of appeal with the
city secretary. In order for the application or appeal to be considered,
at the time of filing with the city secretary, the applicant must
pay a non-refundable application fee of one hundred and no/100 dollars
($100.00) to pay for the advertising, publishing, and mailing of required
notices.
(Ordinance 1906, ex. A, adopted 6/18/19; Ordinance 1902 adopted 3/19/19)
A.
ENFORCEMENT: The ordinance shall be enforced by the building
official as appointed by the City Council. No oversight or dereliction
on the part of the building official or on part of any official or
employee of the town [city] or country [county] shall legalize, authorize
or excuse the violation of any of the provisions of this ordinance.
B.
BUILDING PERMIT REQUIRED: The construction, alteration
or repair, removal or reconstruction of any structure of any part
thereof as provided or as restricted herein, shall not be hereafter
commenced except after the issuance of a written building permit for
the same by the building official and in full conformity with the
provisions herein, which shall be valid for one year unless otherwise
noted by the building official. No building permit shall be issued
until an application has been made for a certificate of occupancy
and compliance.
C.
SUBSEQUENT to the effective date of this ordinance, no
change in the use of [or] occupancy of land, nor any change of use
or occupancy in an existing building other than for single-family
dwelling purposes, shall be made, nor shall any new building be occupied
until a certificate of occupancy and compliance has been issued by
the building official. Every certificate of occupancy and compliance
shall state that the new occupancy complies with all provisions of
this ordinance and of any ordinance setting subdivision regulations.
Application for a certificate of occupancy and compliance shall be
made with the application for building permit or may be directly applied
for where no building permit is necessary and shall be issued or refused
within 5 days after the building official has been notified in writing
that the building or premises is ready for occupancy.
D.
DISTRICT BOUNDARIES: Where uncertainty exists with respect
to the boundaries of the various districts as shown on the district
map accompanying and made a part of this ordinance, the following
rules apply;
1.
The
district boundaries are either streets or alleys unless otherwise
shown, and where the districts designated on the map accompanying
and made a part of this ordinance are bound approximately by street
or alley lines, the street or alley shall be construed to be the boundary
of the district.
2.
Where
the district boundaries are not otherwise indicated, and where the
property has been or may hereafter be divided into blocks and lots,
the districts designated on the district map accompanying and made
a part of this ordinance, are bound approximately by lot lines, the
lot lines shall be construed to be the boundary of the districts unless
the boundaries are otherwise indicated on the map.
3.
In unsubdivided
property, the district boundary lines on the map accompanying and
made a part of this ordinance shall be determined by the use of the
scale appearing on the map.
E.
INTERPRETATION: In interpreting, and applying the provisions
of this ordinance, they shall be held to be the minimum requirements
for the promotion of public safety, health, convenience, comfort,
morals, prosperity and general welfare, it is not intended by this
ordinance to interfere with or abrogate or annul any easements, covenants,
or other agreements between parties except that if this ordinance
imposes a greater restriction, this ordinance shall control.
F.
POWERS AND DUTIES OF BUILDING OFFICIAL: Whenever any
building work is done contrary to the provisions of this ordinance,
the building official may order the work stopped and also revoke the
building permit therefore [therefor] issued by notice in writing served
on any person owning such property or their agent or on any person
engaged in the doing or causing of such work to be done and any such
person shall forthwith stop and cause to be stopped such work until
authorized by the building official to recommend and proceed with
the work or upon issuance of a building permit in those cases in which
the building permit has been revoked and further, such stop work order
and revocation of permit shall be posted on the work being done in
violation of this ordinance.
Whenever any building or portion thereof is being used or occupied
contrary to the provisions of this ordinance, the building official
shall order such use or occupancy discontinued and the building or
portion thereof vacated by notice served on the person using or causing
such use or occupancy to be continued and such person shall vacate
such building or portion thereof within 10 days after receiving such
notice or make the building or portion thereof comply with this ordinance.
G.
NEWLY ANNEXED TERRITORY: No person shall erect, excavate[,]
construct or proceed or continue with the erection or construction
of any building or structure or add to[,] enlarge, move, improve,
alter, repair, convert, insulate or extend or demolish any building
or structure or cause the same to be done in any newly annexed territory
to the City of Ralls without first applying for and obtaining a building
permit from the building official or the City Council of the City
of Ralls as may be required herein.
H.
PERMITS ISSUED BY BUILDING OFFICIAL: In a territory newly
annexed to the City of Ralls, no building permit for the construction
of a building shall be issued by the building official other than
a permit which will allow the construction of a building permitted
in the “R-3” District unless and until such territory
has been classified in a zoning district other than “R-3”
District by the City Council in the manner prescribed in this ordinance.
J.
PERMITS
REQUIRED FOR BUILDINGS UNDER CONSTRUCTION:
The owner,
lessee, or any other person, firm or corporation owning, controlling,
constructing, supervising or directing the construction of any building
or structure in the process of construction and which is incomplete
at the time the land upon which it is situated is annexed to the City
of Ralls, before proceeding further with the construction, alteration
or completion thereof shall apply to the building official of the
City of Ralls for a permit authorizing further work on said building
or structure and shall attach to said application for such permit,
the documents required to said application for such permit, the documents
required for an original building permit. Such application for a building
shall be promptly referred to the City Council for consideration and
the City Council may grant, modify or reject such application. Said
construction work shall be suspended until the permit provided for
herein has been issued or until final zoning regulations have been
adopted which permit the construction, use and occupancy for the structure
of [or] building in question.
K.
UTILITY
CONNECTIONS:
No permanent water, sewer, electrical or
gas utility connection shall be made to any land, building or structure
until and after a certificate of occupancy and compliance has been
issued by the building official of the City of Ralls.
(1980 Code, ch. 9, sec. 9 (§ 19); Ordinance 1906, ex. A, adopted 6/18/19; Ordinance 2403 adopted 3/19/2024)
Editor’s note–Former section 20 pertaining to the board of adjustment and deriving from the 1980 Code, ch. 9, sec. 9 (§ 20), was deleted in its entirety by Ordinance 1702, sec. 3, adopted 2/21/17.
The City Council may, from time to time, amend this ordinance
by changing the boundaries of districts or by changing any other provisions
thereof whenever the public necessity and convenience and general
welfare require such amendment. It is the intent of the City of Ralls
to comply with applicable state law regarding amendments to this zoning
ordinance and any amendments to this ordinance will be in accordance
with the provisions of Chapter 211 of the Texas Local Government Code,
as amended, or as otherwise required by law. In the event there is
conflict between the provisions outlined below regarding amending
this zoning ordinance and Chapter 211 of the Texas Local Government
Code, the provisions of Chapter 211 of the Texas Local Government
Code shall control.
A.
APPLICATION.
1.
Amendments
may be initiated by the City Council or by an application of one or
more owners of property affected by the proposed amendment.
2.
Each
application by a property owner shall be accompanied by a fee as established
by the City Council to cover administrative and processing costs.
3.
An application
for an amendment shall be accompanied by an accurate legal description,
maps, site plans, drawings and other data which may be material and
that public necessity, convenience and general welfare require the
adoption of the proposed amendment.
B.
PROPOSED
AMENDMENTS BEFORE THE PLANNING AND ZONING COMMISSION.
1.
Upon
initiation of the City Council serving as the Planning and Zoning
Commission or upon filing of an application to amend the zoning ordinance,
the Planning and Zoning Commission shall provide notice, hold a public
hearing and consider each application in accordance with the applicable
provisions of Chapter 211 of the Texas Local Government Code applicable
to zoning commissions.
C.
ACTION
BY THE CITY COUNCIL.
1.
The
City Council may approve or deny any proposed change to a zoning regulation
or boundary in accordance with the applicable provisions of Chapter
211 of the Texas Local Government Code.
2.
In case
of application for an amendment to the Zoning Ordinance is denied
by the City Council, said application shall not be eligible for reconsideration
for one year subsequent to such denial. A new application affecting
or including all or part of the same property must be substantially
different from the application denied, in the opinion of the Planning
and Zoning Commission, to be eligible for consideration, within one
year of the denial of the original application.
(Ordinance 1906, ex. A, adopted 6/18/19; Ordinance
2403 adopted 3/19/2024)
In their interpretation and application, the provisions of this
ordinance shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals, and general welfare.
Whenever the requirements of this ordinance are at variance with the
requirements of any other lawfully adopted rules, regulations, ordinances,
deed restrictions or covenants, the most restrictive or that imposing
the higher standards shall govern.
(1980 Code, ch. 9, sec. 9 (§ 22))
Whenever a violation of this ordinance occurs, or is alleged
to have occurred, any person may file a written complaint. Such complaint
shall state fully the causes and basis thereof and shall be filed
with the Building Official. He shall record properly such complaint,
immediately investigate and take action thereon as provided by this
ordinance.
(1980 Code, ch. 9, sec. 9 (§ 23))
1.
Any person
who shall violate any of the provisions of this ordinance or who shall
fail to comply with any of the provisions of this ordinance shall
be guilty of a misdemeanor and upon conviction thereof shall be fined
in any sum not to exceed two hundred dollars ($200.00). Each day such
violation is committed or permitted to continue, shall constitute
a separate offense, and shall be punishable as such hereunder.
2.
The owners
or owner of any building, structures, premises or part thereof, where
anything in violation of this ordinance shall be placed or shall exist,
and any architect, builder, contractor, agent or other person who
commits, participates in, assists in, or maintains such violation
shall be guilty of a separate offense and upon conviction thereof
shall be fined in any sum not to exceed two hundred dollars ($200.00).
3.
In addition to the penalties provided for in Section 1 and 2 of this Section 22 [24], the Building Official may, in case any buildings or structures are erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance, institute on behalf of the city any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use, in or about such premises.
(1980 Code, ch. 9, sec. 9 (§ 24))
IF ANY section, subsection, clause, sentence, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate district [sic] and independent provision and such holding-shall
not affect the remaining portions hereof.
(1980 Code, ch. 9, sec. 9 (§ 25))
THIS ORDINANCE shall take effect from and after its publication
as provided by law.
(1980 Code, ch. 9, sec. 9 (§ 26))
THE CITY SECRETARY is hereby authorized and directed to cause
the publication of the descriptive caption hereof together with the
penalty provisions for violation thereof as authorized by Article
1176 (b)
(1980 Code, ch. 9, sec. 9 (§ 27))
