Code of Ordinances
Chapter 14. Zoning
Zoning districts and their standards, the Official Zoning Map adopted by Ordinance No. 2026-069, planned developments, the floodplain overlay, specific use permits, zoning changes and variances.
History: Ord. No. 1975-031; recodified Ord. No. 2004-041; amended Ord. Nos. 2015-061, 2021-012; Official Zoning Map adopted Ord. No. 2026-069
Sec. 14-1. Title; purpose; authority.
This chapter is the Zoning Ordinance of the City of Dongvile, adopted under Texas Local Government Code ch. 211 to promote public health, safety, and general welfare and to protect the character of the City’s neighborhoods and the courthouse square.
Sec. 14-2. Official Zoning Map.
(a) The City is divided into the zoning districts shown on the Official Zoning Map, which is adopted and incorporated into this chapter by Ordinance No. 2026-069, adopted October 6, 2026. Ordinance No. 2026-069 supersedes all prior zoning maps of the City.
(b) The Planning & Development Department maintains the Official Zoning Map in electronic form and publishes it at https://gis.dongvile.us/. If the published map conflicts with the certified copy kept by the City Secretary, the certified copy controls.
(c) The map may be amended only by ordinance under Section 14-8.
(d) Map colors identify zoning districts only. They do not require, authorize, or describe the color of any lot, building, or structure.
(e) A district boundary shown along a street, alley, railroad, or Queso Creek follows its centerline. A boundary shown along a lot line or the city limits follows that line. The Planning & Development Director decides any other boundary question, subject to appeal to the Zoning Board of Adjustment.
Sec. 14-3. Districts established; standards.
(a) The following zoning districts are established, with the following standards:
| District | Name | Standards |
|---|---|---|
| AG | Agricultural | Min. lot 5 ac · Height 35 ft |
| R-1 | Single-Family Residential | Min. lot 7,000 sf · Front setback 25 ft · Height 35 ft |
| R-2 | Two-Family Residential | Min. lot 6,000 sf · Front setback 20 ft · Height 35 ft |
| MF | Multifamily Residential | Max. 18 units/ac · Height 40 ft |
| MH | Manufactured Housing | Min. space 4,000 sf |
| PD | Planned Development | Per PD ordinance · Base district R-1 |
| CBD | Central Business District | No min. lot · Front setback 0 ft · Height 45 ft |
| C-1 | Neighborhood Commercial | Min. lot 5,000 sf · Height 35 ft |
| C-2 | General Commercial | Min. lot 10,000 sf · Height 45 ft |
| HC | Highway Commercial | Min. lot 1 ac · Height 60 ft · Pole sign 65 ft |
| I-1 | Light Industrial | Min. lot 1 ac · Height 120 ft (elevators) |
| I-2 | Heavy Industrial | Min. lot 2 ac · Height 75 ft |
| P | Public / Institutional | Per approved site plan |
| PK | Parks & Open Space | No residential use |
(b) The Floodplain Overlay district is established by Section 14-6.
(c) Permitted uses and uses requiring a specific use permit are listed in the Schedule of Uses, Appendix A to this chapter.
Sec. 14-4. District purposes and special regulations.
(a) AG, Agricultural. Farming, ranching, and single-family dwellings on large tracts. Livestock are permitted under Chapter 6, subject to Section 6-14 concerning goats on FM 1337.
(b) R-1, Single-Family Residential. Detached single-family dwellings. Lawn flamingos and similar yard ornaments are permitted by right and are not accessory structures.
(c) R-2, Two-Family Residential. Single-family and two-family dwellings. Both units of a two-family dwelling shall have porches of the same color. If the owners do not agree on a new porch color, the porch shall remain its existing color.
(d) MF, Multifamily Residential. Apartments of not more than three stories. Not more than one grill is permitted per balcony, and the owner or manager of the property shall enforce this limit.
(e) MH, Manufactured Housing. HUD-code manufactured homes in a manufactured home park. Each home shall be skirted within 60 days after placement. Flags are permitted.
(f) PD, Planned Development. See Section 14-5.
(g) CBD, Central Business District. The courthouse square and surrounding blocks. The ground floor of each building facing the square shall be a storefront with display windows. Sidewalk sale permits are issued on Thursdays under Section 15-6.
(h) C-1, Neighborhood Commercial. Small shops and offices. Drive-through facilities are prohibited, except that of a financial institution in operation on the effective date of Ordinance No. 1975-031.
(i) C-2, General Commercial. Retail, restaurant, and automotive uses, primarily along Hot Pocket Way. Inflatable tube devices require a temporary sign permit under Section 13-4.
(j) HC, Highway Commercial. Large retail, fuel, and lodging uses near Interstate 69. Pole signs are governed by Section 13-6.
(k) I-1, Light Industrial. Warehousing, agricultural processing, grain elevators, and cotton gins. The 120-foot height limit applies only to grain elevators and similar bulk storage structures.
(l) I-2, Heavy Industrial. Manufacturing and outdoor storage. The City Council finds that the location of the district east of Interstate 69, downwind of the City, is intentional.
(m) P, Public / Institutional. Government buildings, schools, cemeteries, and utility facilities, including the Dongvile Water Tower, whose color is governed by Chapter 19.
(n) PK, Parks & Open Space. City parks, trails, and greenbelts. New benches are governed by Section 12-9.
Sec. 14-5. Planned developments.
(a) A planned development district may be established by ordinance for a master-planned subdivision, with its own development plan and standards. Unless the PD ordinance provides otherwise, R-1 standards apply to any matter it does not address.
(b) The following planned developments are established:
| PD | Name | Ordinance No. |
|---|---|---|
| PD-1 | Fanny Pack Estates | 1994-067 |
| PD-2 | Big Chungus Heights | 2004-058 |
| PD-3 | Lunchable Landing | 2015-034 |
| PD-4 | Lakeview-ish Estates | 1985-089 |
| PD-5 | Tater Tot Trails | 2006-065 |
| PD-6 | Cargo Shorts Ranch | 1998-074 |
| PD-7 | Crocs With Socks Commons | 2019-076 |
(c) A PD ordinance may be amended only under Section 14-8.
(d) The City does not enforce private deed restrictions or the covenants of a homeowners association, including covenants governing mailbox color.
Sec. 14-6. Floodplain Overlay district.
(a) The Floodplain Overlay district consists of the areas along Queso Creek designated Zone AE on the Flood Insurance Rate Map issued by FEMA, and applies in addition to the underlying district. The Planning & Development Director is the Floodplain Administrator.
(b) Development in the overlay district, including placing fill, requires a floodplain development permit. The fee is $100. The lowest floor of a new or substantially improved residential structure shall be at least one foot above the base flood elevation.
(c) Findings. The City Council finds that the overlay district is necessary for the City’s participation in the National Flood Insurance Program, that its boundaries were reviewed by the Floodplain Administrator against the effective Flood Insurance Rate Map, and that the ducks were consulted.
Sec. 14-7. Specific use permits.
(a) A use that Appendix A lists as requiring a specific use permit may be established only after the City Council approves a specific use permit (SUP) for the property. The fee is $350. Notice and hearings are the same as for a zoning change.
(b) The Council may attach conditions to protect adjacent property and the public, including conditions on hours, last call, outdoor seating, sound, lighting, signs, and special effects. Conditions may be as specific as the circumstances require, including a limit on fog machine discharges per hour.
(c) Each SUP is numbered in the form SUP-YYYY-NN and runs with the land.
(d) An SUP expires if the use does not begin within 12 months or is discontinued for six months. The Council may revoke an SUP, after notice and hearing, for violation of its conditions.
Sec. 14-8. Zoning changes.
(a) The Council may amend the zoning regulations or district boundaries by ordinance after a recommendation from the Planning & Zoning Commission. Each application is numbered in the form ZC-YYYY-NN. The fee is $400.
(b) Notice of the Commission’s hearing shall be mailed to owners of real property within 200 feet at least 10 days before the hearing, and notice of the Council’s hearing published in The Dongvile Gazette at least 15 days before it.
(c) If the owners of at least 20 percent of the land covered by a proposed change, or of the land within 200 feet of it, file a written protest, the change requires the vote of three-fourths of all members of the Council.
Sec. 14-9. Zoning Board of Adjustment.
(a) The Zoning Board of Adjustment consists of five members and two alternates appointed by the Council. It hears appeals of administrative decisions and requests for variances from this chapter and Chapter 13. Four concurring votes are required to grant a variance or reverse a decision.
(b) The Board may grant a variance only if special conditions of the property would make literal enforcement an unnecessary hardship, the variance is not contrary to the public interest, and the spirit of this chapter is observed. A hardship that is solely financial or self-created does not justify a variance. No variance may permit a use not allowed in the district.
Editor’s note: Variances granted by the Board include V-2008-12 (125 E Hot Pocket Way, dance floor narrower than code) and V-2014-02 (see Section 13-9).
Sec. 14-10. Nonconforming uses and structures.
A lawful use or structure that becomes nonconforming may continue but shall not be enlarged. A nonconforming use discontinued for six consecutive months shall not resume.
Sec. 14-11. Penalty.
A violation of this chapter is punishable by a fine not to exceed $2,000, as provided in Section 1-8(b). Each day a violation continues is a separate offense.