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Ordinance No i TABLE OF CONTENTS CHAPTER 1. Administration 1 Section 101 General …………………….…….. 1 Section 102 Existing Buildings and Uses …………………….……….. 12 Section 103 Permits and Approvals ………….…………………….….. 12 Section 104 Fees ……………………………….………………….….. 19 Section 105 Powers and Duties of Building Official ……………….….. 19 Section 106 Powers and Duties of Code Enforcement Officer …….. 21 CHAPTER 2. Definitions 25 Section 201 General …………………………….……………..….. 25 Section 202 General Definitions …………………………….…..….. 25 CHAPTER 3. Use Districts 37 Section 301 Use Districts Established ………………………………… 37 Section 302 Zoning Map ………………….………………………… 38 Section 303 Land Use ……………………….……………………… 38 CHAPTER 4. Residential Districts 40 Section 401 Districts Established ………….………………………. 40 Section 402 Purpose ……………………………………………..…. 40 Section 403 Permitted Uses ……………….…………………..……. 40 Section 404 Permitted Accessory Uses ……….……………………. 40 Section 405 Bulk Regulations ………………………………….……. 41 Section 406 Uses Permitted by Specific Use Permit (SUP) ………….. 45 Section 407 Residential – Planned Development (R-PD) ……………. 45 Section 408 Manufactured Homes …………………………….……. 49 CHAPTER 5. Apartment Districts 53 Section 501 Zones Established ………………………..……………. 53 Section 502 A-1 ……………………………………………………….. 53 Section 503 A-2 ……………………………………………………….. 56 CHAPTER 6. General Commercial Districts 58 Section 601 Zones Established ………………………..……………. 58 Section 602 General Regulations …………………………………… 58 i ii Section 603 C-l ………………………………………………….. 65 Section 604 C-2 ........................................................................... 70 CHAPTER 7. Industrial Districts 73 Section 701 General ................................................................................. 73 Section 702 General Regulations .................................................................. 73 Section703 M-l ................................................................................. 77 Section704 M-2 ..................................................................................... 79 Section 705 Permitted Accessory Uses in M1 and M2 Zones…………. 80 CHAPTER 8. General Provisions 81 Section 801 Walk Standards …………..………………………….……. 81 Section 802 Wall Standards …………………………………………. 81 Section 803 Architectural Standards ……………………………….. 85 Section 804 Parking ………………………………………………… 85 Section 805 Fencing …………………………………………………. 87 Section 806 Sightline Standards …………………………………….. 88 Section 807 Permitted Accessory Uses ……………………………… 89 Section 808 Prohibited Uses ……………………………………….. 92 Section 809 Variances ………………………………………………. 93 Section 810 Penalty ………………………………………………… 93 Section 811 Drainage Ponds …………………………………………. 93 Section 812 Yards …………………………………………………… 94 CHAPTER 9. Special Regulations 97 Section 901 Home Occupation ……………………………………. 97 Section 902 Sexually-Oriented Business ……………………………. 103 CHAPTER 10. Signs 119 Section 1001 Short Title ……………………..………………………… 119 Section 1002 Purpose ………………………………………………….. 119 Section 1003 Definitions ………………………………………………. 120 Section 1004 Permit Required ………………………………………… 122 Section 1005 Application for Permit ………………………………….. 122 Section 1006 Illuminated Signs: Approval Required ………………….. 122 Section 1007 Permit Issued if Application in Order ………………….. 123 Section 1008 Permit Fees …………………………………………….. 123 Section 1009 Inspection ……………………………………………….. 123 Section 1010 Permits Revocable at Any Time ………………………….. 123 ii iii Section 1011 Unsafe and Unlawful Signs ……………………………….. 123 Section 1012 Number, Date and Voltage to be on Sign ……………….. 124 Section 1013 Maintenance Required ………………………………….. 124 Section 1014 Wind Pressure and Dead Load Requirements …………….. 124 Section 1015 Removal of Certain Signs ………………………………….. 124 Section 1016 Exemptions ……………………………………………….. 126 Section 1017 Bond Requirements ……………………………………….. 126 Section 1018 Obstructions to Doors, Windows or Fire Escapes ……….. 126 Section 1019 Signs Not to Constitute Traffic Hazard ………………….. 126 Section 1020 Lighting ………………………………………………….. 127 Section 1021 Prohibited Signs ………………………………………….. 127 Section 1022 Permitted Signs ………………………………………….. 128 Section 1023 Off-Premise Detached Signs …………………………….. 133 Section 1024 Temporary Signs ………………………………………….. 135 Section 1025 Nonconformance ……………………………………….. 136 Section 1026 Board of Appeal ………………………………………….. 138 Section 1027 Responsibility for Violation …………………………….. 138 Section 1028 Penalties ………………………………………………….. 138 CHAPTER 11. Non-conformance 139 Section 1101 General ………………………………………………. 139 CHAPTER 12. Special Uses 139 CHAPTER 13. Planned Unit Developments 142 Section 1301 Scope of Chapter ……………………………………. 143 Section 1302 General Zone …………………………………………. 143 Section 1303 PUD Overview ………………………………………. 143 Section 1304 Purpose ………………………..………………………. 143 Section 1305 Permitted Use …………………………………………. 143 Section 1306 Definitions ………..………………………………….…. 144 Section 1307 Rules of Construction ………..……………………….…. 148 Section 1308 Zoning Procedure ………..………………………..……. 148 Section 1309 Planned Unit Development District Permitted Uses ……... 150 Section 1310 Land Development Standards ………..…………………. 151 Section 1311 Bulk Regulations ………..………………………………. 155 CHAPTER 14. Open Space / Parks S-1 159 iii iv Section 1401 Purpose …………………………………………..……. 159 Section 1402 Permitted Uses …………………………………….…... 159 Section 1403 Permitted Accessory Uses …………………………….... 159 Section 1404 Uses Permitted by Specific Use Permit ……………….... 160 Section 1405 Bulk Regulations ………………………………………... 160 Section 1406 Findings Required of Town Planning and Zoning Commission 160 CHAPTER 15. Overlay Districts 161 Section 1501 Conditional Overlays ................................................................. 161 Section 1502 Purpose of Conditional Overlays .................................................. 161 Section 1503 Applicability ..................................................................................... 161 Section 1504 Designation ..................................................................................... 161 Section 1505 Conditional Overlay Regulations ................................................. 161 Section 1506 Notice for Conditional Overlay ................................................. 162 APPENDICES A-1 Appendix I Cellular Communication Towers ……………………. A-1 Appendix II Ground-Mounted Antenna Support …………………. A-3 Appendix III Fees Schedules ……………………..…………………. A-5 Appendix IV Policy Regulating Exemption of Building Permit Fees …... A-9 Appendix V Example Sign of a Proposed Change of Zoning …….….. A-10 Appendix VI Application for Rezoning ……………………….…….. A-11 Appendix VII Application for Variance …………………….……….. A-13 Appendix VIII Fee Schedule for Signs …………………….……….. A-14 Appendix IX Sign Permit Application …………………….……….. A-15 iv 1 CHAPTER 1 Administration Section 101 General 101.1 Applicability This Ordinance shall be applicable to the incorporated and applicable extra-territorial jurisdiction area of The Town of Horizon City, Texas (the “Town”) and rescinds and replaces Horizon City Ordinance No. 0006, adopted February 8, 1994, and amendments numbers 1, 2, 3, 4, 7, 8, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, and 28. The following amendments to Ordinance No. 0006 are not rescinded and are incorporated herein by reference and will remain in full force and effect: amendments numbers 10, 11, 24, 25, 29, and 30. 101.2 Purpose The zoning regulations herein have been made in accordance with the Horizon City Master Plan for the purpose of promoting health, safety, and the general welfare. They have been designed to lessen street congestion; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent land overcrowding; to avoid undue population concentration; to accomplish other lawful purposes; and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements. They have been made with reasonable consideration of, among other things, conserving and increasing the value of existing buildings. 101.3 Interpretation This Ordinance is not intended to abrogate recorded protective covenants which run with land within the Town. Where this Ordinance is more restrictive than any such covenants, the provisions of this Ordinance shall govern. 101.4 Administrative Bodies 101.4.1 Town Council Pursuant to this Ordinance, the Town Council shall have the final authority, after recommendation by the Planning and Zoning Commission, to approve or disapprove the Master Plan, planning area plans, rezoning,* and changes to this Ordinance. Appeal from the Town Council shall be to the District Court of El Paso County. Changes to this Ordinance shall require a two-thirds majority of the Town Council members voting. A three-fourths majority shall be required if the proposed change is against the recommendation of the Planning and Zoning Commission. * The word “rezoning” was added to subsection 101.4.1 by Amendment 007 adopted on February 10, 2004. 2 101.4.2 Planning and Zoning Commission* Under this Ordinance, the Town Planning and Zoning Commission shall have sole authority to make recommendations to the Town Council on changes to the Master Plan or to this Ordinance. Town Planning and Zoning Commission shall inform Town Council of any significant recommendations received by the Commission pertaining to the Town of Horizon City. A. Planning and Zoning Commission Created Pursuant to Section 211.007 of the Texas Local Government Code, the Horizon City Planning and Zoning Commission is hereby created for the purpose of researching and establishing
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