CITY OE STAGECOACH  PLANNING AND ZONING ORDINANCE NO. 0-2023-68 Effective July1,2023  AN ORDINANCE ESTABLISHING A PLANNING AND ZONING COMMISSION AND PLANNING AND ZONING REGULATIONS FOR THE CITY OF STAGECOACH AND PROVIDING FOR MUNICIPAL LAND USE REGULATIONS TO PROMOTE THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE MUNICIPALITY AND THE SAFE, ORDERLY, AND HEALTHFUL DEVELOPMENT OF THE MUNICIPALITY AND PROVIDING  PENALTIES OF $500.001 FOR EACHVIOLATION.  SECTION  REFERENCE  PAGENO. 2 2 2 3 5 8 9 10 10 I1 14 14 19 20 20 21 21 22 23 23  SECTIONI- APPLICABILITY SECTION2- EFFECTIVEDATE SECTION3- INTERPRETATION SECTION4- DEFINITIONS  SECTION5- DECISION MAKING AND. ADMINISTRATIVE BODIES SECTION6 OFFICIAL ZONING SECTION: MAP SECTION7- PERMITTED USES, SPECIFICATIONS. AND SECTION8- CONSTRUCTION OF ACCESSORY BUILDINGS  CONSTRUCTION OF RESIDENCES ANDGARAGES  SECTION9- SUBDIVIDING Al LOT SECTION: 10- USES ANDLIMITATIONS SECTIONII- ROADS AND RIGHTS OFWAY SECTION12- PERMITS, INSPECTIONS AND CERTIFICATES  OFCOMPLETIONIOCCUPANCY  SECTION13- VARIANCES SECTION14 NONCOMFORMITIES SECTION15- ENFORCEMENT  SECTION16 APPEALSTOTHE BOARDOF ADJUSTMENT SECTION17- ALTERNATIVE DISPUTE RESOLUTION SECTIONI 18- AMMENDMENTS TO THIS ORDINANCE SECTION:20- SEVERABILITY OF PARTS OF THIS ORDINANCE  SECTION 19- REPEALER  Pageiof25    BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STAGECOACH  SECTIONI-/ APPLICABILITY A. General Application  This Ordinance shall apply to all buildings and the uses of land within the corporate limits of the City of Stagecoach, Texas. Existing buildings and uses, which are inconsistent with the provisions of this Ordinance, shall be permitted only as provided for in Section 14 of this Ordinance. All applications for construction permits shall meet the requirements of this Ordinance. The Planning and Zoning Commission of the City of Stagecoach shall administer the provisions of this Ordinance. The Police Department oft the City of Stagecoach shall enforce the provisions of this Ordinance. It shall be unlawful for any person to carry out any construction, development or alteration to any residence or building existing upon any land within the City of Stagecoach prior to issuance of a building permit byt the City. Its shall be unlawful for any person to carry out any construction inconsistent with the This Ordinance shall not affect buildingp permits issued prior tot the effective date oft this Ordinance, except  B. General Prohibition  requirements of this Ordinance or other ordinances of the City. C.E Building Permits Issued Prior to enactment of this Ordinance those permits which have expired or have been revoked. This Ordinance shall become effective on July 1,2023.  SECTION2- EFFECTIVE DATE  SECTION3-1 INTERPRETATION  The following rules of construction and interpretation shall apply:  1. Ifthis Ordinance contains provisions which are in conflict or provide differing regulations astothes same type of requirement, property, or use, then in such case, the more restrictive provision shall prevail. 2. In the event ofaconflict between the text of this Ordinance and any caption, illustration, table or map, 3. If any deadline referenced in this Ordinance falls on a Saturday, Sunday, or legal holiday, then the deadline shall be extended to the next day which is not a Saturday, Sunday, or legal holiday. 4. Itisthe specific intent and desire of the City of Stagecoach to] provide ani interpretation or toclarify any ambiguity in this Ordinance where its provision is deemed to be ambiguous or unclear. In the event of a conflict between any provisions or sections of this Ordinance, or in the event the meaning or intent of any of the provisions or sections oft this text is subject to more than one interpretation, the City Council, ort the Planningand: Zoning Commission, shall interpret thes same and shall furnish as part oft theiro decision, order or recommendation, the necessary interpretation consistent with this ordinance. However, in the event that any decision, order, or recommendation made by any board, commission or individual is subject to final action or review by the City Council, the City Council shall not be bound to the interpretation as established by such board, commission or individual, but shall be free under the terms and provisions of this Ordinance to consider the question de novo: and toj provide an interpretation. A final interpretation or clarification by the City Council shall remain in full force and effect and shall be deemed to be the official interpretation of the City of Stagecoach unless it be overridden or revoked by an ordinance duly adopted  the text shall prevail.  under the formalities as provided byl law as an amendment to this Ordinance.  Page 2of25    Such interpretation or clarification shall be deemed controlling as to any person seeking to develop or 5.1 In the event that a member or members of the City Staff designated under the terms and provisions of this Ordinance to perform a certain function or to carry out a certain duty, obligation, or responsibility cannot perform such function, such staff member or members may, subject to the provisions of this Ordinance, and with the approval of the Mayor, delegate to someone else the duties and responsibilities imposed upon them herein; and such designee shall serve with the same powers, responsibilities and obligations imposed upon the principal staff member or members herein. Any reference to any such staff member or members in this Ordinance shall constitute a reference to any such designee.  improve any property or exercise any rights conferred by this Ordinance.  SECTION4- DEFINITIONS  The following definitions shall apply in the interpretation and the enforcement of this Ordinance: 1.A Accessory Building: Anymonreidemtiatbulding including, but not limitedtos storage sheds;detached, non-primary garages and carports; barns; studios; greenhouses; workshops; etc. or any other structure, except primary garages and carports, which is subordinate to the main structure on a property. Cargo/shipping containers, railroad cars, truck vans, converted mobile homes, trailers, recreational vehicles and similar prefabricated items and structures originally built for purposes other than storage of 2. Alteration: Any change in the foundation, slab, supporting members, roof rafters, joists, bearing walls, 3. Alternative Dispute Resolution System: A forum in which mediation, conciliation, arbitration, or other alternative dispute resolution method is used to resolve disputes arising under this Ordinance. 4. Board Of Adjustment: A board appointed by the City Council and authorized by State Law tol hear appealsandt toapprove variances. Pursuant to Section. 5C-lofthis Ordinancethe City Council is appointed 5. Building: Any structure, or part thereof designed or suitable for thel habitation or sheltering of human beings or animals, for the sheltering, storing, or displaying of property, or for the conduct of business or 6. Building Area: The square footage of all enclosed space plus the ground perimeter area of all other 7. Building Permit: A permit issued by the City Secretary allowing for the construction of a building 8.E Business: Any regular activity or commercial enterprise conducted for compensation or profit. 9. Certificate of Completion: A certificate issued by the City Secretary which certifies that an accessory building has been erected in accordance with this Ordinance and all other ordinances of the City. IO. Certificate of Occupancy: A certificate issued by the City Secretary which certifies that a residential building has been erected in accordance with this Ordinance. and all other ordinances of the City. 12. Commencement of Construction: Any work on a development, including any grading of the site. 13. Corner Lot: Al lot having two adjacent sides which abut, respectively, two (2) streets which intersect at the corner of such lot at an interior angle of one hundred thirty-five( (135)degrees or less. 14. Development: Any construction which requires a permit under the terms and provisions of this  goods and materials are not accessory buildings. columns, beams, girders, or trusses.  as the Board of Adjustment for the City of Stagecoach.  professional services of any kind. covered buildings.  underthe terms and provisions of this Ordinance.  Suhz  II. Cesspool: A cistern, well or open pit for retaining sewage.  Ordinance.  Page 3 of25    15. Family: One (1) or more persons related by blood, adoption, or marriage, living, and cooking together asa single housekeeping unit, exclusive of household servants. Not more than three (3) persons living and cooking together as a singlel housekeeping unit though not related by blood, adoption, or marriage shalll be 16. Fence: Any visible or tangible obstruction to sight or passage ofl humans or animalsi interposed between 17. Front Yard: An open, unoccupied space on a lot facing a street, extending across the front of the lot between the side lot lines and from the outermost surface of the main building to the front lot line. 18. Garage/Carport: A building intended for the shelter and protection of vehicles. 19. Grading Plan: An outline of a site that shows the location and elevation of all the drainage structures 20. Home Occupation: A business, profession or trade conducted within or from a residence or accessory building for gain or support which is incidental and secondary to the residence and does not change the 21. Inspection: Official examination of a building by an inspector licensed by the State of Texas and 22. Living Space: Space within a dwelling unit utilized for living, sleeping, eating, cooking, bathing, 23. Lot: A part ofaj platted and recorded subdivision which shall be readily identifiable upon a plat ofs such 24. Multi-family Residence: A building designed for occupancy by more than one (1) family or occupied 25. Noncmlomiy/Pomenisming Use: Any use lawfully being made of any land prior to enactment oft this Ordinance which, upon the adoption oft this Ordinance or any amendment thereof, does not comply with all the provisions of this Ordinance or any amendment thereto. A nonconforming use may relate to 26. Official Zoning Section Map: A map adopted pursuant tothis Ordinance having delineated all ofthe 27. Open Space: An area of land or water which is open and unobstructed to the sky with the exception 28. Owner: Any legal entity, person, or otherwise, who holds and can evidence title to real or personal 29. Paved Surface: An area of ground covered with stone, brick, concrete, asphalt, gravel, iron ore orother 30. Person: Any human being or an entity created by law, including, but not limited to, a corporation 31. Planning and Zoning Commission: The Planning and Zoning Commission of the City of Stagecoach, established pursuant tothe. lawsoft the StateofTexas, whose purposei is toi fulfill those planningand: zoning responsibilities delegated to it by the City Council, and by the provisions of the laws of the State and the 32. Plot Plan: A scale drawing of the lot or lots showing the proposed dimensions and location of all  deemed to constitute a family.  two(2)portions ofl land or which divides a piece ofl land into distinct portions.  within the premises.  essential use oft the residence or building. approved by the City of Stagecoach. washing or sanitation purposes.  subdivision.  by more than one (1) family.  land or buildings, or any parts thereof.  zoning sections and their boundaries within the Cityof Stagecoach.  of vegetation. property.  substantial matter for the purpose of making a firm, smooth surface.  (profit or nomproft).partnerhip or association.  City.  existing buildings and new construction. 33. Premises: Land and the improvements thereon.  Page 4 of25    34. Rear Yard: An open space extending across the rearof al lot from one side. lot line tot the other side lot 35. Recreational Vehicle: A vehicle designed primarily for temporary living quarters for recreational, camping or travel use, which either has its own mode of power, is mounted on, or which may be drawn 36. Residence: A building or a portion of a building which is arranged, occupied, or intended to be 37. Road/Street:, A strip ofl land intended for use forpublicy vehteularralicincluaing adjoining easements. 38. Side Yard: An open space on each side of a building and on the same lot as the building, situated between the building and the sideline of the lot, and extending between the front yard and the rear yard. Any lot line, other than the rear lot line and the front lot line, shall be deemed a sideline. 39. Subdivision: A tract of land identifiable upon a plat duly approved by the City Council and filed for 40. Utility Trailer: A vehicular unit, mounted on wheels, designed for towing by another vehicle to haul 41. Variance: An exception to the provisions of this Ordinance granted by order of the Board of 43. Watercraft: A boat, houseboat, canoe, raft, surfboard, personal watercraft, or other apparatus designed for use on water, including trailers thereof and motors or engines designed to propel such craft or apparatus. The term watercraft shall also be deemed to include the term "watercraft" as defined by 45. Zoning Section: Any section delineated on the official Zoning Section Map under the terms and provisions of this Ordinance, or which may, hereinafter be created subsequent to the enactment of this Ordinance for which regulations governing the area, height, use of buildings and/or use of] land, and other regulations relating to the development or maintenance of existing uses or buildings, are uniform. For purposes oft this Ordinance, Zoning Sections shall have the same meaning as Zoning Districts as definedi in  line between the main building and the rear lot line.  by, another vehicle. occupied by one (I) family.  record in the office of the county clerk of Montgomery County, Texas.  material or animals of any sort.  Adjustment.  42. Vehicle: A vehicle as defined by the Texas Transportation Code.  Section 683.001 of the Texas Transportation Code.  44. Yard: An open space on a lot upon which al building is situated.  paragraph 211.005 ofthe Local Government Code oft the State of Texas. SECTION5- DECISION MAKING AND ADMINISTRATIVE BODIES  A. City Council  In addition to any authority granted the City Council by State law the City Council may: 1. refer any zoning question to any person on the administrative staff of the City or to the Planning and 2. approve or disapprove all land subdivision plans, plats or replats or the vacation of such plans, plats or replats in accordance with the laws of the State of Texas including, but not limited to, Texas Local Government Code, Chapters 42, 43 and 212, pursuant to the rules and regulations for subdivision plat approval as provided under Ordinance No. 56, heretofore previously adopted by the City Council, providing rules, regulations, and procedures for seeking approval of subdivision plats. 3. review and report on any matter referred to it by the Mayor or the Planning and Zoning Commission. 4. adopt rules of procedure that are not in conflict with the provisions of this Ordinance.  Zoning Commission for further study and review.  Page 5 of25    B. Planning and Zoning Commission  There is hereby continued, pursuant tot the laws oft the State ofTexas, the City of Stagecoach Planningand 1 Purpose: Thej purpose oft the Commission is to fulfill, in a manner consistent with the laws of the State of Texas, those planning and zoning responsibilities delegated to it by the provisions ofl laws of this State  Zoning Commission.  and by the ordinances of the City,including  a. recommending to the City Council achievable community goals for planning and development b. recommending to the City Council plans, programs, and policies to aid the community in C. explaining and exploring with concerned citizens those plans and programs adopted by the City Council in an effort to insure that private activities and desires may be accomplished in d. monitoring, together with the City Council, on a continuing basis, the terms, and provisions of this Ondinancetodeterine when appropriate: amendments are: necessary, and, oni its own motion, toholamdcomauctinguiy sessions and public hearings and to1 make recommendations when the 2. Membership and appointment: The Commission shall be composed of five (5) or more persons, including the Chairman. Each member shall be a resident and owner of real property in the City of Stagecoach and shall maintain such qualifications during the term of their office. Members of the 3. Terms of office: Each person appointed to such Commission under the provisions of this Ordinance shall serve at the pleasure of the Mayor and the City Council until their respective successors are 4. Vacancies: Vacancies on the Commission shall be filled by appointment by the Mayor with confirmation by the City Council in the same manner: as original appointments are made. Newlyappointed 5. Organization: The Mayor shall appoint a Chairman and Vice-Chairman of the Commission from its 6. Meetings: The Commission shall meet as business shall require and shall designate the date, time, and place of its meetings. It shall hold such special meetings as shall be called by the Chairman, the Vice- Chairman, or a majority of its members. The Commission shall adopt its own rules of procedure and shall keep a record/minute of its proceedings consistent with the Open Meetings Act, the provisions of this 7. Quorum: A minimum of three (3) members of thel Planning and Zoning Commission shall be necessary 8. Duties and powers: The Planning and Zoning Commission is hereby charged with the responsibility  programs.  achieving its defined planning goals.  harmony with the public needs and policies; ;and  same are deemed desirable and necessary.  commission shalll be appointed by the Mayor and confirmed by the City Council.  appointed.  members shall bei installed by taking an appropriate oath as required by law.  membership.  Ordinance, and any other requirements of thel law.  for the transaction of business. When a quorum is present, a majority vote shall rule.  and invested with the: authority to:  a. exercise all ofthe powers and responsibilities ofa a Planning and Zoning Commission relating to the formulation of a zoning plan, hold public hearings, and make recommendations to the City Council relating to the creation, amendment, and implementation of zoning regulations, classifications, and sections, all as provided for in thel laws of the State ofTexasincluding. but not  limited to, the provisions of this Ordinance. C. keep the Zoning Section Map current.  b. review and approve plot plans and building plans for a permit. d. accept, review, and recommend actions on a request for a variance. e. interpret the provisions of this Ordinance and resolve all disputes arising therein.  Page 6 of25    f. recommend to the City Council an inspection firm to conduct inspections required by this Ordinance, which firm may be changed. from time to time at the discretiono ofthe City Council; and g. perform suchotherduties: and: address such other matters as may be referredtothe Commission 9. Compensation: Members of the Commission shall serve without compensation; however, subject to prior approval by the Mayor, each member shall be entitled to reimbursement of actual and necessary expenses incurred by said member in the discharge of official duties on the Commission. 10. Conflict of interest: No member oft the Commission shall vote or participate in any proceeding before the Commission, which involves any matter or property in which the decision of the Commission will directly affect said member. In the event any such possible conflict should arise, the member affected thereby shall make disclosure of such fact by affidavit to the Commission, which said disclosure shall be duly noted in the minutes of the Commission and said member sO disqualified shall voluntarily remove himself/herself from the Commission's table during said discussion and abstain from voting and participating in the discussion of the matter. The recused member shall be replaced, if necessary, by the Pursuant to Section 211.008 of the Texas Local Government Code, a Board of Adjustment is herein created toauthorize special exceptions to the terms of this Ordinance that are consistent with the general purpose and intent of the Ordinance and in accordance with any applicable rules contained in this Ordinance, to 1. Creation and Membership: Under the provisions of Section 211.008(g) of the Local Government Code, 2. Chairman and Vice-Chairman: The Mayor shall be the Chairman of the Board of Adjustment and the 4. Quorum and necessary vote: No meeting of the Board may be called to order, nor may any business be transacted by the Board without a quorum being present. Each case before the Board must be heard by at least75% ofthel Board members. Theconcurringy voteofatl least 75% ofthe members oft the Board is required a. reverse an order, requirement, decision, or determination of an administrative official. b. decide in favor of an applicant on a matter on which the Board is required toj pass under this  bythe City Council.  Mayor or his appointee. C. Board of Adjustment  avoid unnecessary hardships and to ensure that substantial justice is done. the City Council isl hereby appointed as the Board of Adjustment. 3. Staff Secretary: The City Secretary shall be Staff Secretary.  Mayor Pro-Tem shall be the Vice-Chairman.  to:  Ordinance.  authorize a variance from the terms of this Ordinance.  As simple majority of the members shalll be necessary to pass a motion of adjournment.  5. Meetings, hearings, and procedures:  a. Regular meetings oft the board shall be held asl business shall require, and special meetings shall b. All meetings and hearings of the board shall be open to the public in accordance with the provisions, limitations and exceptions of the Texas Open Meetings Act, Texas Government Code C. A notice of a hearing of an appeal or a request for a variance or a special exception for determination of a nonconforming use or elimination thereof shall be given by mail to the persons in interest and the publication of a notice of such hearing in a newspaper of general circulation in the City of Stagecoach shall be at least ten (10) days prior to the date set for the hearing. d. All records oftheb board shalll bej public records open to inspection at reasonable hours and upon reasonable notice in accordance with Chapter 552 of the Texas Government Code.  be held when called by the Chairman.  $551, etseq.  Page 7 of25    6. Powers and duties: The board shall have the following powers and duties:  a. to hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement ofTexas Local Government b.t to hear and decide special exceptions to the terms of this Ordinance. to authorize in specific casavutiamefomhetems: ofthisOrdinance; which will notbecontraryt tothep publicinterest, where, due to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship, and sO that the spirit of this Ordinance shall be observed, and d. toreview and report on any matter referred toi it by the Mayor, the City Council, orthel Planning e. toadopt rules ofj procedure what are not in conflict with the provisions of this Ordinance. 7. Appeals from the Board: Any person aggrieved by any decision of the Board may present to: a County Court at Law or to a District Court of Montgomery County, a verified petition stating that a decision is illegal in whole or in part and specifying the grounds of the illegality. Such petition shall be filed with the Court no. laterthan ten (10) days safterthe filingoft the Board's Decision in the Board's office. Ifsuch person or persons fails to file such petition within the allotted ten (10) day period, the decision of the Board shall become final andi binding. Noappeal shall be filed with a Court of Record until all administrative remedies  Code SS 211.001 through 211.013 ort this Ordinance.  substantial justice done. and Zoning commission; and  have been exhausted.  SECTION 6- OFFICIAL ZONING SECTIONI MAP  A. Map Status  The official Zoning Section Map described in this section, a reduced copy of which is attached to this Ordinance as Appendix A, shall be as much a part oft this Ordinance asi iftheinformation containedtherein The boundaries of each zoning section 1 through 9 of the City are legally described and recorded in the  was set outi in full in this Ordinance. B. Section Boundaries  Map Records of Montgomery County, Texas as follows:  Section 1 2 3 4 5 6 7 8 9 10  Map Volume 5 5 5 5 5 5 5 7 7 Unrecorded  Map Page 197 188 193 223 293 401 513 207 287 Unrecorded  Page 8 of25    All territory annexed in the future by the City of Stagecoach shall be classified as "Single Family Residential". The Planning and Zoning Commission shall as soon as possible after the annexation of any territory, if deemed necessary, recommend a different classification for permanent zoning to the City Ifany uncertainty exists with respect to intended boundaries of various sections as shown on the official Zoning Section Map, the legal descriptions ofs said sections shall apply; however, if uncertainty exists even after reference to the legal descriptions as herein set out, the following rules shall apply: 1 The section boundaries are the centerlines of streets, alleys, waterways, and rights-of-way, unless 2. Where the section boundariesdonor: coincidewithi thel location ofs streets, alleys, waterways, and rights- of-way, but do coincide with lot lines, such lot lines shall be construed tol be the boundary of such section. SECTION 7 - PERMITTED USES, SPECIFICATIONS AND CONSTRUCTION OF RESIDENCES The City of Stagecoach is zoned as a residential community in its entirety. No lot within the City may be used for other than residential occupancy except as otherwise provided for in this Ordinance. Land in the cityl limits is not eligible for appraisal as Open-Space Land, ie., agricultural andi timber exemptions are not allowed. Nol building shall be constructed, erected, structurally. altered, epanded.rconstuced, used, or Except as otherwise set forth in this Ordinance all residences and garages and all expansions and all alterations of existing residences and garages shall be constructed in conformancer with the latest editions, asa adopted by the State of Texas, oft the International Building Code (BC),orthel International Residential Code (IRC), as applicable, and the National Electrical Code (NEC) and in a good and workmanlike manner. A list of the current code versions and modifications adopted by the City are attached to this Residencesa and garages shallbeconstructed on a concrete slab orj pier and beam. All residencesand; garages shall be constructed of raw materials and shall be constructed on site, except for trusses, which may be pre-assembled off-site. The exterior of each residence or garage shall be painted, unless it is of a material not commonly painted, such as brick or stone. Non-traditional residences (e.g, barndominiums and metal style residences) are not allowed. Expansions and alterations of existing buildings shall not compromise All drawings of proposed residences and garages shall be sufficiently detailed to demonstrate compliance with the IBC, or the IRC, as applicable, and the NEC. The drawings shall be certified tol be in compliance with the IBC, ort the IRC, as applicable, and the NEC, by an architect or as structural engineer both of whom shall be licensed by the State of Texas. The structural engineer shall certify compliance on all drawings of the foundation and framing. The structural engineer or architect shall certify compliance on all other drawings. Duplicate sets of plans are required, no stick-on labels, and at least one set of plans must be no To notify all crafts of code requirements, a placard shall be prominently posted at the jobsite, with the building permit. This placard will state that all work must comply with the versions of the IBC, IRC, and  Council.  C.R Rules for Construing Section Boundaries  otherwise indicated.  ANDGARAGES  A. Zoning Section Requirement  occupied except in accordance with this Ordinance.  B. Specifications  Ordinance as Appendix "C." C. Construction  thei integrity of the existing building. D. Architectural Drawings  smallerthan 18"x24"  Page 9 of25    NEC currently in force within the City of Stagecoach. This notice may be obtained through the City  Secretary.  The foundation design of all residences and primary garages shalll be based on as soil test. Detailed elevation renderings of the proposed structure must be submitted for approval  E. Elevation  The surface of the lowest floor of all residences shall be constructed at least thirty-six (36) inches above the base 100-year floodplain elevation, or as specified in the current Flood Prevention Ordinance, Ordinance 258. All buildings shall be constructed on the lot to conform to the current Flood Damage Surface drainage shall be diverted to: a storm sewer conveyance or other approved point of collection soas not to create a hazard. Lots shall be graded to drain surface water away from foundation walls. The grade Exception: Exception where lot lines, wall slopes, oro otherphysical! barriers prohibit 6inches off fall lwithin 10 feet, drains or swales shall be provided to ensure drainage away from the structure. Use of alternative drainage methods must be pre-approved by P&Z. Special care must be taken to not discharge water onto Concrete and masonry foundation walls shall extend above the finished grade adjacent to the foundation at all points a minimum of 4 inches where masonry veneeri is used and a minimum of 6i inches elsewhere.  Prevention Ordinance.  away from foundation walls shall fall a minimum of6 61 inches within the first 10 feet.  adjacent properties. F. Height Above Finished Grade  SECTION8- CONSTRUCTION OF ACCESSORY BUILDINGS A. A maximum of ) accessory buildings may be constructed.  B. Accessory buildings, regardless of size, shall be painted, unless constructed of a material that is not C. Accessory buildings shall not be taller than the main structure. nor exceed the square footage of the  commonly painted. principal residence.  D. Accessory buildings shall not be on top of the septic system, or in the spray field. E.I Noaccessory building shall be closer to the street than the residence. and atl least 501 feet from the primary dwelling on any adjacent lot.  F. An accessory building of any size used to shelter animals shall be at least 15 feet from any property line G. Ana accessory building of any size must be located at least five feet from any property line. H. Accessory buildings are not: allowed on vacant lots, unless the ownerhasa1 residence on an adjacent lot.  SECTION 9-S SUBDIVIDING ALOT  No lot shall be subdivided, unless in accordance with the terms and provisions of this Ordinance and the rules and regulations for approval of a subdivision plat as specified in Ordinance No. 56. Two (2) or morelots fors single-family residences may be established by subdividing an existing lot only in accordance with the requirements of law. In no case shall an existing lot be subdivided without all resulting lots having frontage on a public street and meeting the minimum lot area and roadway frontage  requirements as defined in Section 10-Cofthis Ordinance.  Page 10 of25    All plans fors subdividing: a lot must be submitted to, and approved by, the City Council.  SECTION IO - USES ANDIIMITATIONS  Any lot. 5 acres or less shall have a swale installed and included in the detailed lot drainage plan. No building or land shalll bet used, and nol building shalll hereafter be erected, moved, constructed, or altered 1. One (1) single-family residence, accessory buildings, private garages, and such as is customarily 2. Temporary buildings and materials for uses incidental to construction work on the premises, which shall be allowed on the premises for a period not to exceed one (1) year from the commencement of construction. In any event, all temporary buildings and materials shall be removed upon completion or  A. Use Regulations  except for one (1) or more oft the following uses:  incidental to any permitted use when located on the same lot.  abandonment of construction work.  3. Home Occupation: A home occupation shall meet all of the following requirements:  a. bec customarily conducted as an incidental use, not the principal use of the property, and be: 1. conducted without the help of any non-resident assistant or employee. 2. conducted without the installation or assistance of any machinery or equipment rated in 3. conducted without the use of any sign, display, or advertisement of the occupation at the  excess of240v volts premises.  b. shall not result in any parking in the streets.  C. shall not involve the exterior storage or display of any commercial property. d. shall not be detrimental or injurious to adjoining property.  e.s shall not involve the conduct of a school for anyone other than residents oft the home, and fs shall not be al business to which any customer or client comes more often than once perday  in accordance with the above traffic regulations.  B. Limitations  The following limitations and restrictions shall apply to all oft the above permitted uses:  1 Garages/Carports. A primary garage or carport is required for each new residence and shall be built simultaneously with the residence to allow for coincidental inspection of the overall construction project. No unattached garage or carport shall be closer to the street than the residence. A garage attached toa residence may be remodeled for residential use or living qumealfigantetieradthegingeismbtamtialy similar to the main residential building in appearance and quality of construction. However, in such case al new primary garage/carport shalll be constructed prior to or coincident with the remodeling. A building 2. Parking. Off-street paved surface areas shall be provided on the premises for all vehicles owned oru used 3. Recreational Vehicles. No recreational vehicle shall be kept in a front yard for a period longer than fourteen days during any consecutive 60-day period. Recreational vehicles, trailers, boats, and other such vehicles must be stored behind front line of the house. No recreational vehicle shall be used as living  permit is required for such alteration and the construction of a new garage/carport.  by the occupants of the residence.  quarters.  Page 11 of25    4. Watercraft. No watercraft shall be kept in a front yard for aj period longer than a total of forty-eight 5. Trucks/Busses. No trucks in excess of five-ton gross vehicle weight nor any vehicle designed to transport more than twelve (12) people shall be parked within the City limits except for loading and unloading, but in no event shall such parking exceed a period longer than forty-eight (48) hours during 6. Other Property. Property not incidental to a permitted use, including utility trailers, moving pods and shipping containers, shall not be kept in a front yard for a period. longer than forty-eight (48) hours during any consecutive eight-day period. Shipping containers shall not be used as permanent storage and shall not remain on aj property for more than 10 days when used as temporary storage or 15days past thei issuance of the certificate of completion/occupansy or expiration of the approved building permit when used to support an approved construction project. Storage pods, vehicles, containers, equipment, or other personal property are not: allowed tol be stored on vacant lots, unless the owner has a residence on the adjacent lot. 7. Fences. Opaque fences are not permitted in the front yard of a residence. Opaque fences alongt the rear and side property lines require a building permit. Opaque fence means a fence which blocks or prevents thej passage of light through 50% of more of its surface. Fences must be constructed of material specifically designed and manufactured for fencing purposes such as wood, masonry, wrought iron,orchain! link. Sheet metal fences are not allowed. A fence may have a maximum height of 6 feet above grade. Fences shall be 8. Aircraft. Property shall not be used for thet take-off, landing, parking ors storage ofl helicopters, balloons, orother aircraft of any sort. This prohibition shall not applytothel landing and take-off of emergency or 9. Antennas. Large, ground mounted, dish-type satellite receiving or transmitting antennas shall not be located in a front yard, and the highest point on any such antenna shall not be more than twelve feet (12) 10. Driveways. Driveways shall permit a free flow of water. Culverts shall be made of PVC: material with aminimum length ofl 16 feet, ai maximum! length of 24 feet, and a diameterof24to 36inches. Culverts shall be installed by thej property owner and shalll be kept clear of debris by the property owner. II. Dumping. No lot, City property, park, or lake shall be used or maintained as a dumping ground for rubbish, trash, garbage, or any other waste. All sanitary containers for the storage and disposal of waste material shall be kept in a clean, neat, and sanitary condition. Burning rubbish, trash, or garbage is  (48)hours during any consecutive eight day period.  any consecutive eight-day period.  maintained. and kept in presentable condition.  law enforcement helicopters while in the performance of official duties.  above ground level.  prohibited. 12. Further Limitations  a. No noxious or offensive trades or activities shall be conducted, nor shall any activity cause a b. No lot shall be used or occupied in violation of the laws of the local, State or Federal C. Temporary residences are prohibited. No tent, trailer, recreational vehicle, outbuilding, d. Each residence shall contain an inside toilet and shalll be connected Itoa County-licensed septic system until such time as sanitary sewers may be available for use in connection with such lot. e. Cesspools are prohibited. Drainage of septic tanks or sewage into roads, lakes, streets, alleys,  Outside toilets are prohibited except self-contained units for use during construction or  nuisance or be offensive to a resident of ordinary sensitivities.  governments.  basement, shack, or barn shall be used as a residence.  ditches, ravines, or upon the open ground is prohibited.  reconstruction of a building.  Page 12 of25    g. Noowner of property adjoining Lake Apache orl Lake Hardin shall build any pier or obstruction out onto or in said lake orl lakes sO as tointerfere with the use of same by the othero ownerst thereof. h. Halfway houses, nursing homes, and multi-family residences are prohibited.  i Burial of human remains is prohibited.  j.Ar resident of the City of Stagecoach, being either a property owner or a legal tenant, may keep or pasture animals at their residenceand onj propertyunderthe: same ownership thati is contiguous LC Only one head of cattle or one equine is allowed per acre. Only two sheep or goats are allowed per one-half acre. Up to five fowl, including peacocks and guineas, may be kept per quarter acre, with a maximum of two roosters per property owner. FFA: and 4-H animals, which include cattle, horses, goats, sheep, rabbits, andj poultry, doi not count towards the number ofa animals allowed per acre. FFA: and 4-Hanimals must be properly registered with the respective organization: andi must be removed from the property within 30 days after the project ends if they exceed the number of animals allowed per acre. Proper structures and pens shall be required tol house all animals and must be maintained in a clean and sanitary condition. Any structure used to shelter animals must bea atl least 15feet from the side and rear propertyl lines and shall be at least 50 feet from thej primary dwelling on any adjacent lot. All animals shall be restricted to within the property's perimeter! by  with such residence, all of which are within the City of Stagecoach. k. Noswine shall be kept within the municipality.  suitable fencing.  C.E Required Lot Areas, Building Locations and Residence Sizes  Unless otherwise provided for on a subdivision plat duly approved by the City of Stagecoach prior to the date of enactment of this Ordinance, the following minimum lot areas, building locations and residence  sizes shall apply:  MINIMUM! LOT 1.5 1.5 1.5 1.5 1.0 1.0 1.0 0.5 0.5 0.5  MINIMUMLOT ROADWAY FRONTAGE (FEET) 100 100 100 100 100 100 100 100 100 100  MINIMUM DISTANCE MINIMUM RESIDENTIAL  SECTION AREA (ACRES) 1 2 3 4 5 6 7 8 9 10  FROMA ANY ROAD/STREET (FEET) 100 100 100 50 50 50 50 30 30 30  BUILDING LIVING SPACE (SQUARE FEET) 2100 2100 2100 2100 2100 2100 2100 1900 1900 1900  D. Ground Coverage percent (20%)ofthel lot area.  The total ground coverage of all buildings and all impermeable surfaces on a lot shall not exceed twenty  Page 13 of25    E. Yard Requirements  Each residence shall have two side yards, each side yard having a minimum width of fifteen feet (15). The All residences shall be constructed on the lot sO as to front on the street on which such lot fronts. Residences on corner lots shall havea a presentable frontage on both streets. An accessory building may be constructed within a side or rear yard provided such building is located not less than 5 feet from any property line, and if used to shelter animals, shall be at least 15 feet from any property line and at least 50 Nostructure of any kind, other than a fence or privacy wall, shall bel located. less than five feet (5) from any No person shall intentionally, recklessly, or negligently cut, remove, poison, or damage any tree which has a trunk diameter exceeding ten inches (10") (circumference of approximately 31.4 inches) (measured at a a) Any tree may be removed within twenty feet (20) of an approved construction project or building exceeding 350 sq. ft., within twenty-five feet (25) of the centerline of a driveway, and b) Trees may be removed within twenty feet (20) of an in ground swimming pool. c) Trees determined tol be infested by the Southern Pine Bark Beetle may be removed. d) Trees determined tol be diseased, severely damaged, or otherwise infested by any other species e) Trees which interfere with the installation or proper maintenance of a septic or sewer system, f) Dead trees that pose a hazard to life, limb or property shall be felled by the property owner. g) Treeswhich interfere with a surface water flood control plan drafted and certified byal licensed hydrologist or hydrologic engineer may be removed following approval by City Council. No person shall remove trees of any size within fifty feet (50) of any major drainage watercourse or any watercourse designated as a floodway by the U.S. Federal Emergency Management Agency without prior Aj person seeking approval to remove at tree under subparagraphs (d) or (g)i in this subsection shall request, in writing, an appearance before City Council to show cause as to the need to remove the tree.  rear yard shall have a minimum depth oftwenty-fivef feet (25).  F. Location of Buildings on Lots  feet from the primary dwelling on any adjacent lot.  property. line.  G. Restrictions Against Cutting or Damaging' Trees  point three feet (3) from the base of the tree) except as follows:  within the septic spray field area of an approved aerobic system.  of borer beetle may be removed following approval by City Council. or electric, gas, water or other utilities may be removed.  approval of the Board of Adjustment.  No variance from this subsection shall be granted except by City Council.  SECTIONI II- ROADS/RIGHTS OFWAY the Chief of Police, or the City Council.  The construction of any road or right-of-way tol be used for public or semi-p public purposes, upon, over or across anyl lot is prohibited, except in: a periodofemergency: as declared byt thel Mayor, the Mayor Pro-Tem, SECTIONI2-PERMITS. INSPECTIONSANDCERTIFICATES OF COMPLETION/OCCUPANCY Plans for construction shall be approved by the Planning and Zoning Commission prior to the commencement of construction. Each building shall be built in accordance with the approved plans.  A. General  Page 14of25    A revision in the approved plans shall be resubmitted to the City Secretary for approval by the Planning and Zoning Commission. Construction in accordance with the revised plans shall not proceed until approval is received. The City and/or the City's inspector may inspect the building for compliance with Al building permit shall be required for the construction or alteration of any building. A building permit shall also be required fort the expansion ofal building. No building permit willl be issued unless thel location of the proposed construction is described by section and lot number from a duly approved and recorded  the approved plans. B. Building Permits  plat.  a. For Residences, Attached Garages and Primary Detached Garages  1 Application An application form, provided by the City Secretary, shall be completed jointly by the owner and the builder and submitted to the City Secretary. The following items shall  accompany each application submitted for a building permit.  a. ai floodplain certificate, obtained from the City Secretary. Ift the lot intended to be used fora construction project is partially or completely located in the 100-year floodplain, the owner must submit a survey prepared by a surveyor who is licensed and certified by the State of Texas. This survey must indicate the location of the 100-year floodplain and the floodway, if applicable, and from which Flood Insurance Rate map this information was taken. b. The effective date of this map must be stated. Ifthe normal watershed from the construction site flowseitherontoar neighboring property or ontothe roadway,as silt fence must bei installed prior rtothestart of any excavation. Ifthej property isi int the 100-year floodplain, the Floodplain Administrator must issue a Flood Development Permit. Detailed elevation rendering and b. proofofownership: of the lot to be used for construction. A Montgomery County approved septic system permit, including the approved system detailed architectural drawings certified by a Texas licensed architect, in duplicate, in conformance with the IBC, or the IRC, as applicable, and the NEC, and Section7ofthis Ordinance, and detailed foundation and framing plans certified by a Texas licensed structural engineer (at least one set of the architectural drawings and foundation and framing plans must be no smallerthan 18" x24"). d. aplot plan, in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon and the size and location of the buildings to be erected and all other information as may be necessary to provide for enforcement of these regulations and all other ordinances and regulations of the City. compliance with timbering restrictions, obtained from the City g. soil test for foundation design. detailed elevation rendering. fees as listed on Appendix B oft this Ordinance. Fees may be adjusted from time to time by vote oft the City Council. 2. Each application shall list the inspection hold points required during the construction ofe each a. immediately prior to pouring concrete. upon completion of all structural and rough-in mechanical, electrical, and plumbing work. upon completion ofinsulation; and The builder shall initial each hold point listed, ndcatngachmowiagement and acceptance. 3.Acompleted permit application shall be submitted to the City Secretary. Upon receipt of the application with the required documentation, the Secretary shall submit the application tothe Planning and Zoning Commission. The Commission shall give its written approval or disapproval within thirty (30) days after the date of submission of a properly completed application.  detailed lot drainage plan.  Secretary,  building. Inspection hold points where applicable shall be:  b. upon completion of thel building.  Page 15of25    4. Upon approval oft the application by the Planning and Zoning Commission, the City Secretary shall issue the permit.. A copy oft the building permit shall be visibly posted on the construction premises. If the Planning and Zoning Commission disapproves the application, the City Secretary shall notify the: applicant of the disapproval including the reasons for the disapproval. 5. Prior to commencement of any construction project proposed to take more than one full day,a portable toilet must bej positioned at the construction site, unless workers will have access toa 6. Construction debris and refuse shall be kept in a container, such as a three-sided containment fence cord dumpster, and such debris shall be removed from the construction site on a weekly basis. 7. Construction shall not commence before 6:00a.m. and shall end by 7:00 p.m., except for foundation 1 Application An application form, provided by the City Secretary, shall be completed jointly by the owner and the builder, and submitted to the City Secretary. The following items shall accompany each  functional toilet within the residence.  pouring.  b. For Detached Accessory Buildings application submitted for a building permit. a. Accessory buildings 350sq, ft. or less require: i. Completed and signed application, iii. Description of construction materials, iv. Description of foundation and anchoring,  ii. Building use,  V. Building dimensions, existing on-site sewage facilities, distances from property lines, viii. No building permit fee is required. i. Completed and signed application,  vi. A signed statement from the owner that specifies compliance with separation distances for vii. Two (2) scaled or dimensioned site drawings showing location of structure on the lot and  b. Accessory buildings greaterthan 350s sq. ft., up to and including 500 sq. ft., require:  ii. Building use,  iii. Documented building plans, including materials tol be used and framing members, iv. A signed statement from the building manufacturer, or building contractor/erector, specifying that the building structural system and components, including foundation and piers, are designed to withstand sustained 100 mph winds and that the building will be constructed/erected to V. A signed statement from the owner that specifies compliance with separation distances for  perform as such,  existing on-site sewage facilities,  vi. Foundation plans, anchoring, and elevation drawings, vii. Topographical information regarding drainage and natural ways,  viii. Two (2) plot plans, drawn to scale, showing the dimensions of the lot, and the dimensions  and location of the building tol be erected, ix. Payment oft the building permit fee.  Page 16 of25    C. Accessory buildings larger than 500 sq. ft. require compliance with the provisions of Ordinance 68 for residences and garages as follows (with the exception that the soil test requirement, slab requirement, detailed elevation drawing, and detailed architectural plans certified by a Texas licensed architect are not  required):  i. Completed and signed application, iii. Compliance with timbering restrictions, iv. Certificate ofI Lot in Relation to 100 Year Floodplain, existing on-site sewage facilities, sq. ft. ofthe residence,  ii. Building use,  V. A signed statement from the owner that specifies compliance with separation distances for vii. Unattached garage or accessory building may not be closer to street, tallerthan, or exceed the ix. Two(2)plot plans, drawn to scale, showing the dimensions of the lot, and the dimensions and X. Drawing certification requirements. These requirements may be a signed statement from the building manufacturer or building contractor/erector specifying compliance with the IBC, or the xi. Two(2)copies off framing plans certified by a Texas licensed structural engineer as conforming  vi. Foundation plans, anchoring, and elevation drawing or picture, viii. Topographical information regarding drainage and natural ways,  location of the building tol be erected,  IRC, and the NEC, with the IBC CorIRC, xii. Payment of building permit fee.  2.. Permits  a. Construction of any accessory building requires the issuance ofa a building permit by the City of Stagecoach. Construction shall meet the building code requirements of the City. b. Permits are issued on the condition that the owner and/or constructor(s) shall conform to the requirements of all applicable codes, ordinances, and setback requirements in constructing the c.Priortot the issuance of the building permit, the applicant shall pay the fees as established by the  building. City of Stagecoach. C. Swimming Pool Permits  A swimming pool permit shall be required for the installation of an inground or aboveground swimming pool. Prefabricated moveable pools less than 24 inches in depth do not require a permit. (a) Except as provided in this section, the International Swimming Pool and Spa Code, published by the International Code Council, isa adopted andi incorporated as fullyas if set forth atl length in this section and the provisions therein shall be controlling for the design, construction, alteration, movement, renovation, replacement, repair and maintenance of aquatic recreation facilities, pools, spas, hot tubs and aquatic (b) Ifasection of this article is found tol be in conflict with aj provision of any: zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the provision which establishes the higher standard for the promotion of the health  facilities.  and safety oft the people shall prevail. (c) Swimming pool permit requirements: i. Completed and signed application. existing on-site sewage facilities.  ii. A signed statement from the owner that specifies compliance with separation distances for  Page 17of25    iii. Topographical information regarding drainage and natural ways.  iv. Two (2)plot plans, drawn to scale, showing the dimensions of the lot and the dimensions and location of the swimming pool, pool pump and other mechanical equipment, the location of the V. Distance from residence, side property lines andi rear property line. Pools and decking must be  septic system, and thel location of all fences. located within the property side and rear setbacks. vi. Location of existing or proposed fence as required by pool code. vii. Inground pools must meet the 20% ground coverage limit. license and insurance for electrical, plumbing and gas/propane. ix. Payment of the swimming pool permit fee.  viii. Copy of signed contract between the property owner and contractor and copy of copy of  D. Inspections  Inspection hold points identified during the permitting process and initialed by the builder are a critical Construction shall cease at each hold point and shall not proceed until an inspection certificate is issued by an inspector approved by the City. Itshall be the responsibility of the builder to schedule inspections, to ensure that a copy of each inspection certificate is visibly posted on the construction premises and that acopy of each inspection certificate is filed with the City Secretary. Construction past a hold point without a certificate of approval by the inspector shall be considered a violation of this Ordinance. The City may, at its sole discretion, at any time between the issuance oft thei initial building permit and the issuance of a certificate of compl-tion/ocupanty, request that an independent inspection be performed, by a company of the City's choosing, to verify that the building isl being constructed in conformance with the approved plans. If it is determined that the building is not substantially in conformance with the approved plans, including the approved elevation drawings, the project will be deemed tol be in violation oft this Ordinance. Ifthe buildingi is found: not tobe in conformance with thej plans, the propertyownerwill be required toj pay the cost of the plan conformance inspection and may be subject to further enforcement Inspections willl be performed to ensure that the project complies with the applicable building standards (ie., IBC, IRC, NEC). Compliance with codes will be to the highest, most contemporary versions as adopted by the State of Texas, the City of Stagecoach, or the State licensing bodyoflicensed tradespersons (e.g., Texas Department of Licensing and Regulation, Texas State Board of Plumbing Examiners), at the time of permit issuance or extension. The City Council may periodically adopt newer versions of model building code and may modify them as deemed appropriate through resolution. A list of adopted code Thei inspector,acting on behalf ofthe Citys shall only be responsiblet to ensure that the construction project complies with the provisions of this Ordinance, the IBC, or the IRC, as applicable, and the NEC, at each inspection hold point. The builder will be responsible to correct all deficiencies noted before proceeding with the construction project. Thei inspector will not be responsible for the overall quality oft the materials and workmanship of the construction project except to the extent that the materials and workmanship are required to comply with the provisions of this Ordinance, the IBC, or the IRC, as applicable, and the NEC. Iti is recommended that the property owner employ his/her own independent inspector to ensure 1)No building larger than 500 square feet, or the alteration or expansion of an existing building, shall be occupied or used until a certificate of completion/ocupaney, has been issued by the City stating that the building, alteration, expansion, or proposed use complies with the provisions of this Ordinance.  component oft the approval process oft the construction project.  actions as defined in the Enforcement Section of this Ordinance.  versions and modifications are attached hereto as Appendix C.  the level of quality that is desired for the project. E. Certificate of Compection/Ocupansy  Page 18 of25    The City Secretary will issue a certificate of completion/occupaney within five (5) business days from receipt of all approved inspection and septic system reports required by this Ordinance. Acertificate of occupancy will not be issued for a new residence prior to: (1) the completion of the associated garage or carport, (2) the erection of a permanent address sign, (3) the removal of all rubbish, debris, slash, tree stumps, construction materials and equipment, temporary address, and construction signs, (4)r repairsa are madet to any damage caused tothe roadways and ditches, and such repairs are subjectto Cityoverviewand approval, and (5) the yard around the house and septic spray/drip field is stabilized with vegetative cover or landscaping for erosion control. (6) the issuance of a Notice of Approval to operate the septic system  issued by Montgomery County.  a. Astructure shall not be occupied ors stocked with materials, furniture and/or merchandise  until a Certificate of Occupancy (CO) has been issued.  F. Time Limit  Abuildingpermiti for residencesandprimary, garages shall be validf forone (I)year fromthec commencement of construction or eighteen (18) months from the date of issue, whichever date comes first. A building permit for an accessory building shall be valid for three (3) months from the commencement of construction or six (6) months from the date of issue, whichever date comes first.. All construction shall A record of all permit applications, permits issued, inspection certificates and certificates of  bec completed prior to the expiration date'd of the permit. completion/ocupancy shall bel kept on file by the City.  G. Records  SECTIONIB-VARIANCIS A. Authority B. Purpose publici interest. C.I Initiation  The Board of Adjustment, upon recommendation of the Planning and Zoning Commission, shall have the The purpose of a variance is toj provide relief, where, owing to special conditions, the enforcement of this Ordinance would result in unnecessary hardship. The granting of a variance shall not be contrary to the Aj person either owning or having a contractual interest inj property within the City may seek a variance under the provisions of this Ordinance. A request for a variance from this Ordinance shall be submittedi in writing to the Planning and Zoning Commission. Such request shall describe, in detail, the proposed variance, and the applicable section oft this Ordinance. Ther request shalll be signed and datedl bytheperson Arequest for a variance will be reviewedl by the Planning and Zoning Commission within thirty (30) days from the date of receipt of the request. The Planning and Zoning Commission shall submit its recommendation to the Board of Adjustment within ten (10) days following its review. Subject to the hearing notification provisions of Section 5-C, paragraph 5-c, the Chairman of the Board of Adjustment shall call a hearing to be held within forty-five (45) days of the receipt of the Planning and Zoning Commission's recommendation. The Board of Adjustment shall make a decision on thes requested variance within ten (10) days of the hearing. The Board's Staff Secretary shall notice the Board of Adjustment's approval or disapproval of the requested variance to the Planning and Zoning Commission and the  sole authority to grant variances from the requirements of this Ordinance.  submitting the request. D. Review and Approval  requesting party  Page 19 of25    SECTIONI 14-1 NONCONFORMITIES  A. Purpose  The purpose oft this Section ist to regulate and limit the continued existence of nonconforming uses ofl land The provisions of this section are intended tol limit investment in moncomlomitlesandtubring about their  and buildings lawfully established prior to the adoption of this Ordinance.  eventual elimination, where appropriate. B. Nonconforming Uses of Land and/or Buildings  Nonconforming uses of land and/or buildings may continue in accordance with the following: 1.1 Normal maintenance and repair of nonconforming uses may be performed. 2, A building housing a nonconforming use may not be moved unless the use shall thereafter conform to 3. Any modification or enlargement of a building of nonconforming use may be made only if the 4. - Anonconforming use: shall not be changed 10 toany other use unless such use conforms to this Ordinance. 5. When a nonconforming use of land or a building is discontinued or abandoned for three (3) months, then such use shall not be reestablished or resumed unless such subsequent use conforms with this 6.1 Ifitis determined that al building housing a nonconforming use is damaged or destroyed by fifty percent (50%) or more, the building shall not be restored unless restoration brings thel building into conformance  the provisions of this Ordinance.  modification or enlargement is in compliance with the provisions of this Ordinance.  Ordinance.  with this Ordinance. A. General  SECTIONI 15 - ENFORCEMENT  A City Police Officer, or other person employed or designated by the City, has the authority to issue a written notice of violation to the contractor, subcontractor, builder or owner of any construction project or other activity that is not in compliance with this Ordinance. If the violation involves a construction project or activity in violation of the Ordinance, such written notice of violation may require that all activities cease. A"stop-work" order will continue until the project or violation is returned to a condition A City Police Officer has the authority to issue a citation alleging any violation of this ordinance. The A person found to be in violation of this ordinance shall be guilty of a class C: misdemeanor and shall be subject to a fine not to exceed $500.00 (five hundred dollars) per offense. Each day that such violation continues to exist shall constitute a separate offense. Any owner, architect, builder, contractor, agent, or corporation employed in connection therewith who assists in the commission of such violation, shall be guilty of a separate offense, and upon conviction, shall be subject to the penalties herein provided. The imposition of a pénalty under the provisions of this Ordinance shall not prevent the revocation or suspension of any license or permit issued or granted under the provisions ofthis Ordinance and shall not  of compliance. B. Citations  alleged offender shall be required to sign the citation.  C.F Fines/Suspensions  D. Penalty not Exclusive  constitute an election of remedies by the City.  Page 20of25    E. Other Remedies  Ifa building is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or ifa building or land is used in violation of any provision of this Ordinance, in addition to or in lieu of the penalties otherwise provided herein, and all other remedies authorized by law, the City of Stagecoach may 1. prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance,  institute an action for injunctive relief or other appropriate legal action to:  or use.  2. restrain, correct, or abate the violation. 3. prevent the occupancy of the building or land; or  4. prevent any act, conduct, business, or use prohibited by this Ordinance. SECTION 16- APPEAISTOTHE BOARDOF, ADJUSTMENT  A. Authority  Thel Boardof Adjustment Aalhaehsudanywkarmd decide an appeal thatalleges errorin an order, requirement, decision, or determination made by an administrative official or the Planning and Zoning Commission in the enforcement of Texas Local Government Code SS 211.001 through 211.013 or the provisions oft this Ordinance, subject to the standards and procedures hereinafter set forth. An appeal shall be filed with the City Secretary not more than fifteen (15) days after notice of a decision, determination or interpretation made by an administrative official or the Planning and Zoning Commission with respect tothe enforcement of Texas Local Government Code SS 211.001 through 211.013 orthe provisions of this Ordinance. An appeal shalll be accompanied by a feetodefray: administrativecosts as provided in Appendix B oft this Ordinance. The City Secretary shall forward all appeals to the Planning and Zoning Commission within ten (10) days of receipt. Upon receipt of an appeal, the Planning and Zoning Commission shall forward to the Board of Adjustment any and all records concerning the subject matter of the appeal within fifteen (15)days. Failure toi file an appeal shall constitute a waiver of any rights under this Ordinance to appeal any decision, determination or interpretation made by an administrative The filing of an appeal stays allj proceedings ini furtherance oft the action thati isappealed in accordance with The Board of Adjustment shall hold a hearing on an appeal within forty-five (45) days from the date an appeal is filed subject to the hearing notification provisions described in Section 5C, Paragraph 5c above. The Board of Adjustment may reverse, affirm, or modify the decision, determination or interpretation  B. Filing an Appeal  official or the Planning and Zoning Commission. C. Effect of Filing an Appeal Texas Local Government Code S 211.010c. D. Action of the Board of Adjustment  appealed.  SECTIONI7- ALTERNATIVE DISPUTE RESOLUTION  A. Policy litigation.  It is the policy of the City of Stagecoach to encourage the timely resolution of disputes and pending  Page 21 of25    B. Establishment  The City Council hereby establishes an alternative dispute resolution system and hereby adopts the alternative dispute resolution procedures of Chapter 154 oft the Texas Civil Practices & Remedies Codet to  the extent that said chapter is consistent with the provisions oft this ordinance. .R Referral of Pending Disputes for. Alternative Dispute Resolution Procedure  Aj party directly involved in any dispute arising under this Ordinance, including the City of Stagecoach or any commission, board or subdivision created hereunder, may request a referral ofaj pending dispute for resolution by an alternative dispute resolution procedure to the judge in whose court the dispute is pending or, if no dispute is pending in a court of competent jurisdiction, toa a court of record, which shall, upon determining that the pending dispute is appropriate for referral under Section 154.021 of the Texas Civil Practices & Remedies Code, notify the parties of that determination. Any party may, within 10 days after receiving the notice aforesaid, file a written objection to the referral in accordance with Section 154.002(b)ofthe' Texas Civil Practices & Remedies Code. Ifthecourt findst that there is a reasonablel basis for an objection filed as aforesaid, the court may decline to refer the dispute under Section 154.021 of the Texas Civil Practices & Remedies Code. Ifa a reasonable basis for an objection does not exist, the court  shall refer the matter to an appropriate form of alternative dispute resolution.  SECTION18 - AMENDMENTSTOTHIS ORDINANCE  A. Request for Amendment  Any property owner within the City of Stagecoach may request an amendment to this Ordinance by presenting such request in writing to the Planning and Zoning Commission. Amendments to this Ordinance are not intended to relieve particular hardships or to confer special privileges or rights on  owner  property  but to reflect changes in circumstances and conditions that may develop after any the  Ordinance was last amended or enacted.  B. Recommendation of thel Planning and Zoning Commission  The Planning and Zoning Commission shall makearcommendation tothe City Council within sixty (60) days of receipt of the written request. All recommendations to City Council shall include at least the  following elements:  Lacopy of the written request. 2. aclear statement of specific findings.  3.) as summary of the information presented before the Commission by property owners or other interested parties appearing before the Commission at a scheduled public hearing. The report should state the approximate total number of people appearing and should provide a brief 4. copies of documentary evidence provided to the Commission or which the Commission 5. the number of Commission members voting for and against the proposed amendment and 6. abrief statement explaining the reasons for recommending the proposed amendment and a  summary of the differing opinions presented by such persons.  considered in making its report.  identification of any members of the Commission abstaining from voting; and  statement explaining the opposing position, ifany.  Page 22of25    C. Final Action by the City Council  The City Council may, upon receipt and acceptance of the report and recommendations of the Planning  and Zoning Commission, enact an ordinance amending this Ordinance.  SECTION! 19 - REPEALER  All ordinances or parts of ordinances inconsistent or in conflict with this Ordinance tothe extent of such inconsistency or conflict are hereby repealed. It is the intent of the City of Stagecoach that the terms and provisions of this Ordinance shall be deemed superior to any other ordinances that may be in conflict herewith including all other ordinances or provisions thereof that may be adopted subsequent tot the final adoption of this Ordinance unless the same are direct amendments of the terms and provisions of this Ordinance and adopted under the formalities: as] provided for by law for thea adoption of zoning ordinances  ora amendments to: zoning ordinances. Ordinance No. 269 is hereby repealed. SECTION 20- SEVERABILITY OF PARTS OF THIS ORDINANCE  Thes sections.paragraphs, sentences, clauses, and phrasesofthis Ordinance: are severable, andifanyp phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid, unenforceable, or unconstitutional by the valid final judgment or decree of a court of competent jurisdiction, suchinvalidity, unenforceability, or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance; and the City Council oft the City of Stagecoach, Texas, declares that it would have passed each and every part oft the same notwithstanding the omission of any such part  thus declared tol be invalid or unconstitutional, whether there be one or more parts.  PASSED, APPROVED AND ADOPTED  on the 20th day of] June 2023, and following satisfaction of the publication requirements of Chapter  52 ofthe Texas Local Government Code, is effective as ofJuly 1, 2023.  For the City of Stagecoach Daucmausn!  Galen Mansee, Mayor  Attested by:  STAGEC SEALZ h  City  E  Page 23 of25    CITY OE STAGECOACH  ORDINANCE 0-2023-68 PLANNING & ZONING REGULATIONS APPENDIXI B SCHEDULE OF FEES EFFECTIVE JULY1, 2023  Additional Fee $0.15 additional per sq.ft. $0.15 sq. ft. N/A N/A N/A $0.15 sq.ft. N/A N/A N/A  Permit  Permit Fee $250 $225 $225 $50 $75 $120 $75 $50 $200 perappeal  Inspection Fee $975  New Residence  Expansion of Existing Building Alteration without increase of square footage Stand Alone Accessory Building- 350 sq. ft. or less Stand Alone Accessory Building- greater than 350 sq. ft. up to and including 500 sq. ft. Stand Alone Accessory Building- greater than 500 sq. ft. Swimming Pool Fence  additional per $390-$780  $195-$390 N/A N/A  additional per $195-$780  N/A N/A N/A  Appellate Fees (Section 15) to defray administrative costs Additional Fees  Any application that requires more than (2) reviews will be assessed $100 for each additional review. The property owner is responsible for the payment of any charges incurred due to increases in inspection costs, failed inspections, re-inspections, and any The Planning and Zoning Commission may request any inspections, at any time, fora any project. The costs of such inspections are the responsibility of the property owner.  inspections performed in addition to the required inspections.  Page 25 of25    CITY OE STAGECOACH  PLANNING AND ZONING REGULATIONS  ORDINANCE NO. 0-2023-68 LIST OF ADOPTED BUILDING CODES  APPENDIXC  (AsofJuly1,2023)  International Residential Code National Electric Code International Building Code  IRC2018 NEC2020 IBC2018  Page 24 of25