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Zoning Ordinance ™ Table of Contents

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Zoning Ordinance ™ Table of Contents ZZOONNIINNGG OORRDDIINNAANNCCEE CCiittyy ooff TToommbbaallll,, TTeexxaass Ordinance No. 2008-01 Zoning Ordinance Table of Contents TTaabbllee ooff CCoonntteennttss I. ENACTING PROVISIONS.....................................................................................................................4 Section 1: ENACTING CLAUSE...........................................................................................................4 Section 2: TITLE & PURPOSE...............................................................................................................4 Section 3: ZONING DISTRICT MAP ..................................................................................................4 Section 4: ZONING DISTRICT BOUNDARIES ...............................................................................5 Section 5: COMPLIANCE REQUIRED & APPLICATIONS OF REGULATIONS....................6 Section 6: ZONING UPON ANNEXATION .....................................................................................7 II. ZONING PROCEDURES & ADMINISTRATION ..........................................................................8 Section 7: NONCONFORMING USES & STRUCTURES ..............................................................8 Section 8: PLANNING & ZONING COMMISSION......................................................................11 Section 9: BOARD OF ADJUSTMENTS (BOA) ..............................................................................13 Section 10: AMENDMENTS TO ZONING ORDINANCE & DISTRICTS, ADMINISTRATIVE PROCEDURES, & ENFORCEMENT .......................................21 Section 11: BUILDING PERMITS; CERTIFICATES OF OCCUPANCY & COMPLIANCE ...28 Section 12: SUBMISSION & REVIEW OF CONCEPT PLANS, BUILDING PERMIT PLANS AND SITE PLANS...............................................................................................................30 III. ZONING DISTRICTS...........................................................................................................................37 Section 13: ZONING DISTRICTS ESTABLISHED ...........................................................................37 Section 14: AG - AGRICULTURAL DISTRICT.................................................................................38 Section 15: SF-20-E SINGLE-FAMILY ESTATE RESIDENTIAL-20 DISTRICT .........................40 Section 16: SF-9 - SINGLE-FAMILY RESIDENTIAL-9 DISTRICT.................................................42 Section 17: SF-6 - SINGLE-FAMILY RESIDENTIAL-6 DISTRICT.................................................43 Section 18: RESERVED ...........................................................................................................................45 Section 19: RESERVED ...........................................................................................................................46 Section 20: D — DUPLEX (TWO FAMILY) RESIDENTIAL DISTRICT........................................46 Section 21: RESERVED ...........................................................................................................................48 Section 22: MF — MULTI-FAMILY RESIDENTIAL DISTRICT (Apartments)..............................48 Section 23: RESERVED ...........................................................................................................................52 Section 24: MHP — MANUFACTURED HOME PARK DISTRICT ..............................................53 Section 25: O — OFFICE DISTRICT .....................................................................................................56 Section 26: RESERVED ...........................................................................................................................58 Section 27: GR — GENERAL RETAIL DISTRICT..............................................................................59 Section 28: RESERVED ...........................................................................................................................61 Section 29: RESERVED ...........................................................................................................................61 Section 30: C — COMMERCIAL DISTRICT.......................................................................................61 Section 31: LI — LIGHT INDUSTRIAL DISTRICT............................................................................63 Section 32: RESERVED ...........................................................................................................................64 Section 33: RESERVED............................................................................................................................64 City of Tomball, Texas Page i Zoning Ordinance Table of Contents Section 34: OLD TOWN AND MIXED USE DISTRICT (OT&MU)..............................................64 Section 35: RESERVED .............................................................................................................................72 Section 36: PD — PLANNED DEVELOPMENT DISTRICT.............................................................72 Section 37: CUP - CONDITIONAL USE PERMIT ...........................................................................81 IV. USE REGULATIONS............................................................................................................................87 Section 38: USE REGULATIONS (CHARTS).....................................................................................87 V. DEVELOPMENT STANDARDS......................................................................................................105 Section 39: OFF-STREET PARKING AND LOADING REQUIREMENTS...............................105 Section 40: LANDSCAPE REQUIREMENTS...................................................................................115 Section 41: ACCESSORY BUILDINGS & RELATED USE REGULATIONS ............................124 Section 42: SCREENING, BUFFERING AND FENCING REQUIREMENTS...........................125 Section 43: SUPPLEMENTAL REGULATIONS...............................................................................129 Section 44: HOME OCCUPATION REGULATIONS ...................................................................140 Section 45: DEFINITIONS....................................................................................................................143 VI. INTERPRETATION; PRESERVING RIGHTS; PENALTY FOR VIOLATIONS; VALIDITY; EFFECTIVE DATE ..............................................................................................................................175 Section 46: EFFECT OF INTERPRETATION ..................................................................................175 Section 47: PRESERVING RIGHTS IN PENDING LITIGATION & VIOLATIONS UNDER EXISTING ORDINANCES..............................................................................................176 Section 48: VESTED RIGHTS AND REVIEW PROCEDURE......................................................176 Section 49: PENALTY FOR VIOLATIONS.......................................................................................184 Section 50: VALIDITY...........................................................................................................................184 Section 51: EFFECTIVE DATE............................................................................................................184 APPENDIX A: SUMMARY OF AREA REGULATIONS BY DISTRICT...........................................186 City of Tomball, Texas Page ii Zoning Ordinance Article II: Zoning Procedures & Administration ZONING ORDINANCE City of Tomball, Texas Ordinance No. 2008-01 AN ORDINANCE OF THE CITY OF TOMBALL, TEXAS, ADOPTING A ZONING ORDINANCE FOR THE CITY; ESTABLISHING AND PROVIDING ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH THE COMPREHENSIVE LAND USE PLAN APPROVED BY THE CITY COUNCIL; REGULATING WITHIN SUCH DISTRICTS THE HEIGHT OF BUILDINGS AND STRUCTURES, THE SIZE OF YARDS COURTS AND OPEN SPACES, AND THE HEIGHT, BULK, AND USE OF BUILDINGS AND LAND FOR NONRESIDENTIAL, RESIDENTIAL AND OTHER PURPOSES; PROVIDING FOR CONDITIONAL USE PERMITS; SPECIFYING MINIMUM REQUIREMENTS FOR OFF-STREET PARKING OF MOTOR VEHICLES AND OFF-STREET LOADING AREAS; PROVIDING MINIMUM REQUIRED FLOOR AREAS FOR DWELLING UNITS; REGULATING THE DENSITY OF DWELLINGS AND OTHER STRUCTURES AND THE PERCENTAGE OF EACH LOT THAT MAY BE OCCUPIED BY IMPERVIOUS SURFACES; ESTABLISHING THE BASIS FOR CREATING A BUILDING SITE; PROVIDING FOR PLAN APPROVAL PROCESSES; PROVIDING FENCE AND WALL REGULATIONS; ADOPTING A ZONING DISTRICT MAP AND MAKING IT A PART OF THIS ORDINANCE, TOGETHER WITH ALL SYMBOLS, MARKINGS AND TABLES APPEARING ON SAID MAP AND WITHIN THE ORDINANCE; CREATING A PLANNING AND ZONING COMMISSION; DEFINING THE POWERS AND DUTIES OF THE PLANNING & ZONING COMMISSION; CREATING A BOARD OF ADJUSTMENTS; DEFINING THE POWERS AND DUTIES OF THE BOARD OF ADJUSTMENTS; PROVIDING FOR NON-CONFORMING USES AND A METHOD OF DISCONTINUANCE THEREOF; DEFINING CERTAIN TERMS AS USED WITHIN THIS ORDINANCE; PROVIDING FOR A CERTIFICATE OF OCCUPANCY AND COMPLIANCE; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH AND EVERY OFFENSE; PROVIDING A SAVINGS CLAUSE; PRESERVING RIGHTS IN PENDING LITIGATION REGARDING VIOLATIONS UNDER THE EXISTING ORDINANCE; AND PRESERVING ASSERTED VESTED RIGHTS. City of Tomball, Texas Page 3 Zoning Ordinance Article II: Zoning Procedures
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