ORDINANCE NO. 2023-06 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEYMOUR, TEXAS, AMENDING  ZONING ORDINANCE NO. 2022-01, AND CREATING A SECTION TO CLARIFY MEASUREMENT SETBACKS .  

Jan 23, 2024

ORDINANCE NO. 2023-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEYMOUR, TEXAS, AMENDING  ZONING ORDINANCE NO. 2022-01, AND CREATING A SECTION TO CLARIFY MEASUREMENT SETBACKS .  

WHEREAS, The City Council of the City of Seymour, Texas, is empowered by Chapter 211 of the Texas Local Government Code to establish a zoning ordinance; and

WHEREAS, the City of Seymour shall create a Section clarifying Setback Measurements; and  

WHEREAS, the Seymour City Council finds that the zoning ordinance represents the best interest of all citizens of Seymour and promotes the aesthetics, health, safety, general welfare, and convenience of the people.

WHEREAS,  said ordinance shall read as follows :

SECTION 17: SPECIFIC USE PERMITS

A.  STANDARDS

No application for a specific use permit shall be granted by the City Council unless the Council finds all of the following conditions are present:

(1)  That the establishment, maintenance, or operation of the use will not be materially detrimental to or endanger the public health, safety, morals, or general welfare.

(2)   That the uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance, or operation of the use.

(3)   That the establishment of the use will not significantly impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(4)   That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.

(5)    That adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and

(6)    That the use shall conform to al applicable area, yard, height, lot coverage, building size and exterior requirements and parking space regulations of the district in which it is located.

SETBACK MEASUREMENTS

All setbacks are measured from the curb, if the location has one, or from the surveyed lot line if a curb is not present.  Landowner must take into consideration any and all easements that may be present and could enforce additional requirements on the property.

B.  CONDITIONS AND GUARANTEES

Prior to the granting of any specific use permit application, a fee of $200.00 shall be paid to the City of Seymour, by the requestor.  Also, prior to the granting of permit, the City Council may stipulate such conditions and restrictions upon the establishment, construction, maintenance, and operation of the conditional use as deemed necessary to protect the public health, safety, and general welfare of the community and to secure compliance with the standards and requirements specified in Subsection A above.  In all cases in which specific use permits are granted, the City Council shall require such evidence and written guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

C.    EFFECT OR DENIAL OF APPLICATION

No application for a specific use permit which has been denied wholly or in part by the City Council shall be re-submitted for a period of ninety (90) days from the date of said denial.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEYMOUR, TEXAS:

This ordinance, together with all subsequent amendments thereto, shall hereby become a part of the Zoning Ordinance of the City of Seymour, Texas.

This ordinance shall take effect immediately from and after its passage and publication of the caption, as the law in such cases provides.

PASSED AND APPROVED ON THIS THE 18TH DAY OF MAy, 2023.

____________________________________

                 MAYOR MARK McCord

Attest: _________________________________

       City Secretary, Conchita Torrez,  TRMC