§ 4. Districts.

For the purpose of regulating and restricting the height and size of buildings and other structures, the percentage of the lot that may be occupied, the size of yards, the other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purpose, the City of Eagle Pass, Texas, is hereby divided into districts, of which there shall be seven (7) classes in number, and shall be known as:

"R-1"	First one-family dwelling district
"R-2"	Second one-family dwelling district
"R-3"	Duplex district
"R-3(A)"	Apartment district
"R-4"	Townhouse residence district
"B-1"	Neighborhood business district
"B-2"	Central business district
"B-3"	General business district
"I"	Industrial
"F"	Floodway district

 

The boundaries of the districts, described above, are shown on the map that is attached hereto and made a part of this ordinance, which map is designated as the "Zoning District Map". Said district map and all notations, references, and other information shown thereon are made a part of this ordinance and shall have the same force and effect as if said map and said data thereon were fully set forth or described herein. Said map shall, on its face, be identified and verified in the manner following. It shall bear the title "ZONING DISTRICT MAP—EAGLE PASS, TEXAS"; it shall bear even date with the passing of this ordinance; it shall bear the name of the mayor; and, it shall be attested by the signature of the city secretary.

Whenever any street, alley, or other public way is lawfully vacated by the Council of the City of Eagle Pass, Texas, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacated area and thereafter all land included in said vacated area shall be subject to all applicable regulations of the extended districts.

Upon annexation, permanent zoning district classifications may be duly assigned within the territory being annexed in accordance with the procedure provided by law. All territory hereafter annexed to which a permanent zoning district classification is not assigned shall be temporarily classified as R-1, First one-family dwelling district, until permanently zoned by the governing body of the City of Eagle Pass, Texas. The city planning and zoning commission shall, as soon as practicable, after annexation of any territory to the City of Eagle Pass, Texas, institute proceedings on its own motion to give the newly annexed territory permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.

Except as hereinafter provided:

(1)

No building shall be erected, converted, enlarged, reconstructed, or structurally altered, and no building or land shall be used for any purpose that is not permitted in the district in which the building or land is situated.

(2)

No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit herein established for the district in which the building is situated.

(3)

No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area and parking regulations of the district in which the building is situated.

(4)

The minimum yards and other open spaces, including lot area per family, required by this ordinance for each and every building existing at the time of the passage of this ordinance, or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced to an area less than the district requirements of this ordinance.

(5)

Every building hereafter erected or structurally altered shall be on a lot as herein defined, and in no case shall there be more than one (1) main building on one (1) lot except as otherwise provided in this ordinance.

(6)

Drainage and drainage facilities shall be provided for in all instances, for approval by, and shall be as approved by, the city manager and the planning and zoning commission under, and subject to the requirements contained in this section and other provisions of this ordinance relating to floodway, overflow, and drainage areas, courses and easements, in a manner such that natural watercourses shall not be so changed, ignored, filled or otherwise encroached upon as to reduce their effectiveness in carrying off surface storm water, and in a manner such that land use and development shall be effectively controlled for the purpose and to the end of eliminating and preventing property damage by flooding: Hereafter, no property or land shall be developed, no premises shall be improved and no building shall be erected or structurally altered, no land excavation or fill shall be authorized, permitted or done, no other encroachment of whatsoever nature or description shall be deposited, installed, constructed, erected or left, either within any natural drainage channel, natural watercourse or easement, or within such distance of any such channel, course or easement as may reasonably be calculated or determined:

(a)

To reduce the function or effect, thereof, in carrying off surface storm water;

(b)

To subject any nearby or adjacent structure, property or premises to danger of being damaged by flooding or erosion;

(c)

To otherwise make impracticable or impossible comportment with the requirements of this and other ordinances of the City of Eagle Pass or with use, occupancy, building or other compliance regulations thereof.

(7)

The planning and zoning commission shall not approve any plat of any subdivision within the city limits of the city until the area covered by the proposed plat shall have been permanently zoned by the city council. The planning and zoning commission shall not approve any plat of subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to or incorporation within the city is pending before the city council. In the event that the planning and zoning commission holds a hearing on proposed annexation, it may, at its discretion, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and may make its recommendation on both matters to the city council, so that the city council, if it desires, can act on the matter of permanent zoning and annexation at the same time and meeting.

(Ord. No. 06-13, § 2, 7-11-2006)