It is declared to be the intent and purpose of the zoning regulations
to promote and to protect the health, safety, comfort, convenience,
prosperity, and general welfare of the citizens of Levelland by assuring
quality development, to allow for proper economic growth which conforms
with a comprehensive plan of the city. It is further declared that
the intent and purpose of the zoning regulations includes the following:
(1)
To promote
the stability of existing land uses that conform with a comprehensive
plan and to protect them from inharmonious influences and harmful
intrusions;
(2)
To promote
a harmonious, convenient, workable relationship among land uses;
(3)
To promote
a safe, effective traffic circulation system;
(4)
To promote
and protect the aesthetic quality of the city, by conserving and enhancing
the taxable values of land and buildings throughout the city;
(5)
To secure
safety from fire, panic, and other dangers;
(6)
To provide
adequate light and air;
(7)
To encourage
proper population densities and prevent the overcrowding of structures;
(8)
To provide
adequate protection for community investments in water, sewerage,
streets, schools, parks, and other community facilities;
(9)
To divide
the city into zones or districts, restricting and regulating therein
the location, erection, construction, reconstruction, alteration and
use of buildings, structures and land for trade, industry, residence
and other specific uses; to regulate the intensity of the use of lot
areas, and to regulate and determine the area of open spaces surrounding
such buildings, to establish building lines and locations of buildings
designed for specified industrial, business, residential and other
uses within such areas; to fix standards to which buildings or structures
incompatible with the character of such districts, must conform to
prevent additions to and alterations or remodeling of existing buildings
or structures in such a way as to avoid the restrictions and limitations
lawfully imposed hereunder, providing for the gradual elimination
of nonconforming uses of land, buildings and structures.
(Ordinance 635, sec. 1, adopted 11/17/81)
For the purpose of this article certain terms and words are
hereby defined as follows:
The words "used for" include "designated for" and vice versa;
words used in the present tense include the future; words in the singular
number include the plural number and vice versa; the word "building"
includes the word "structure"; the word "dwelling" includes the word
"residence"; the word "lot" includes the word "plot" and the word
"shall" is mandatory and not directory.
A subordinate building located on the same lot with the main
building, and which is reasonably necessary and incidental to the
conduct of the primary use of such building.
A subordinate use located on the same lot with the main use,
and which is reasonably necessary and incidental to the conduct of
the main use.
A public way which customarily affords only secondary means
of access to abutting property.
Any building, structure or open area used for the dismantling
or wrecking of any type of used vehicles or the storage, sale or dumping
of dismantled or wrecked vehicles or their parts and accessories,
including any farm vehicles or farm machinery or parts thereof, stored
in the open and not being restored to operating condition, and including
the commercial salvaging, storage and scrapping of any other goods,
articles or merchandise.
A single family dwelling unit or duplex constructed, used,
intended for use, or altered for use as overnight or short term occupancy
by one or more individuals who are not the owners thereof, for which
compensation is paid, provided that the outside appearance resembles
a single family dwelling unit or duplex.
Any structure or portion thereof upon which are outdoor advertising
signs which advertise, promote or otherwise disseminate information
pertaining to goods, products or services, including charitable services
or appeals and political services or appeals, and which are not related
to goods, products or services comprising a primary use on the premises
on which the sign is located, being either:
Poster panels or bulletins normally mounted on a building wall
or free-standing structures with advertising copy in the form of pasted
paper; or
Multi-prism signs - same as above, and alternating advertising
messages on the one display area; or
Painted bulletins, where the advertiser's message is painted
directly on the background of a wall-mounted or free-standing display
area.
The Zoning Board of Adjustment of the City of Levelland.
An establishment holding a brewpub license (BP) from the
Texas Alcoholic Beverage Commission.
To erect, convert, enlarge, reconstruct, or structurally
alter a building or structure.
Any structure designed or built for the enclosure, support,
shelter, or protection of persons, animals, chattels or property.
The temporary indoor storage of wine in barrels and/or vats
for the purposes of aging and fermentation. Does not include the crushing
of the fruit or the bottling of the wine for retail sale.
The City of Levelland, Texas.
An office or group of offices for one or more physicians,
surgeons, dentists or chiropractors engaged in treating the sick or
injured as outpatients.
The City Planning and Zoning Commission of the City of Levelland,
Texas.
The City Council of the City of Levelland, Texas.
The elevation of the established curb in front of the building
measured at the center of such front. Where no curb grade has been
established, the City Engineer shall establish such curb grade or
its equivalent for the purpose of this article.
A place maintained or conducted under public or private auspices
which cares for no more than ten (10) children during a part of the
twenty-four (24) hours of the day.
A building or portion thereof designed exclusively for residential
occupancy, including one family, two family, and multiple family dwellings,
A dwelling unit consisting of a minimum of one thousand,
three hundred (1,300) square feet of living area constructed as a
series of dwelling units, and which are either attached to the adjacent
dwelling or dwellings by party walls or are located immediately adjacent
thereto with no visible separation between walls or roof. It is required
by the City of Levelland that any townhouse or condominium have an
attached garage.
A building designed for occupancy by two (2) individuals
or families living independently of each other within separate units
which have a common wall and under one (1) roof.
A building designed for occupancy by three (3) or more individuals
and/or families living independently of each other within separate
units.
A detached building designed exclusively for occupancy by
one (1) family.
A building or buildings designed for occupancy by two (2)
individuals or families living independently of each other within
separate units which do not have a common wall and are not under one
(1) roof but which are located on the same lot.
One (1) or more rooms in a dwelling designed for occupancy
by one (1) individual or family living independently as a single housekeeping
unit, with no more than one (1) kitchen unit.
A one (1) room dwelling, designed for occupancy by one (1)
person, containing two hundred and fifty (250) through three hundred
and fifty (350) square feet of net floor area, which may include kitchen
facilities within the room and shall have a bathroom within such area.
A person or persons, occupying a dwelling, living together
and maintaining a common household, of which not more than three (3)
may be boarders or roomers.
Street Frontage.
All of the property on one side of a street between two intersecting
streets (crossing or terminating), measured along the line of the
street or if the street is deadened, then all of the property abutting
on one side between an intersecting street and the dead end of the
street.
Lot Frontage.
The distance for which the front boundary line of the lot
and the street line are coincident.
An accessory building for storage of motor vehicles.
An occupation, profession, domestic craft, or economic enterprise
which is customarily conducted in a "residential dwelling" as hereinafter
defined, subject to compliance with each of the following conditions:
"Residential Dwelling" as used in this section shall mean a
detached building designed, used and occupied exclusively by members
of one (1) family as a residence.
That no person other than members of a family who reside in
the residential dwelling be engaged in such occupation, profession,
domestic craft or economic enterprise.
That such use be and remain incidental and subordinate to the
principal use of the residential dwelling as a family residence and
the area utilized for such occupation, profession, domestic craft
or economic enterprise shall never exceed twenty-five (25) percent
of the total of the floor area of the residential dwelling.
That to prevent increased traffic congestion in residential
areas, no advertising of the occupation, profession, domestic craft
or enterprise be conducted by means of any device such as a sign,
display, handbills or other visible indication thereof displayed inside
or outside the residential dwelling.
That the residential dwelling shall maintain its residential
character and shall not be altered or remodeled in order to create
any type of exterior commercial appeal.
That no exterior storage of material equipment and/or supplies
used in conjunction with such occupation, profession, domestic craft
or enterprise be placed, permitted or allowed on the premises occupied
by the residential dwelling.
That there be no offensive noise, vibration, smoke, dust, odors,
heat or glare beyond the property lines.
That such occupation, profession, domestic craft or enterprise
be wholly within the residential dwelling and no accessory building
be used in conjunction therewith, other than as storage.
That only equipment be used in such occupation, profession,
domestic craft or enterprise that is ordinarily used in a private
home in a like amount and kind.
A residence allowed to have little or no side yard on one
side, where the wall on that side has no doors, widows or other openings.
Means a structure constructed on or after June 15, 1976,
according to the rules of the United State Department of Housing and
Urban Development, transportable in one or more sections, which in
the traveling mode is eight body feet or more in width or 40 body
feet or more in length, or when erected on site is 320 or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems. The terms does not include a recreational
vehicle as that term is defined by 24 C.F.R. Section 3282.8(g).
A HUD manufactured home park means any tract of land under
single ownership where accommodation is provided for non-transient
HUD manufactured home use.
A tract of land constituting a unified development oriented
to HUD manufactured home dwelling which has been finally platted of
record in its entirety in accordance with the City of Levelland Subdivision
Regulations and in accordance with the specific provisions of zoning
regulations No. 635 pertaining thereto.
Plant material of the evergreen variety, a minimum of six
(6) feet in height at the time of installation and planted on four
(4) feet centers. All such landscape screens shall be permanently
maintained.
An area within the main building or on the same lot, providing
for the standing, loading or unloading of trucks, having a minimum
dimension of 15 by 40 feet and a vertical clearance of at least 14
feet.
A building other than a hotel where lodging and/or meals
are provided for five or more persons for compensation pursuant to
previous arrangements, but for the public or transient.
Means an undivided parcel of land adequate for occupancy
by a use herein permitted, providing the yards, area, and off-street
parking herein required and fronting directly upon a street, which
parcel of land is identified by a tract or lot number in a duly approved
subdivision plat of record .
The distance from the front street line to the rear line
measured in the mean direction of the side lines.
The lines designated on a plat as being the boundaries of
the lot.
Any lot line that forms a boundary of a lot on the side where
the primary structure or building faces a street and is contiguous
to the street. Every property must have a front lot line.
Any lot line that forms a boundary of a lot and is contiguous
to an alley and is not a front lot line.
Any lot line that forms a boundary of a lot and does not
meet the definition of a front lot line or a rear lot line.
The mean horizontal distance between side lines measured
at right angles to the depth.
Means a structure that was constructed before June 15, 1976,
transportable in one or more sections, which in traveling mode is
eight body feet or more in width or 40 body feet or more in length,
or when erected on site, is 320 or more square feet, and which is
built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required
utilities and includes the plumbing, heating, air-conditioning and
electrical systems.
A modular home is a dwelling that is manufactured in two
or more modules at a location other than the homesite and which is
designed to be used as a residence when the modules are transported
to the homesite, and the modules are pinned together and installed
on a permanent foundation system. The term modular home shall not
mean nor apply to:
Sectional or panelized housing in which the basic components
assembled at the home site are not at least three dimensional modules;
and
Ready-built homes which are constructed so that entire living
areas are contained in a single unit or section at a temporary location
for the purpose of selling it and moving it to another location.
A sign not larger than two square feet in area identifying
the owner or occupant of a premises and the street address and which
does not contain flashing or intermittent illumination.
A building or premises existing legally at the time of the
passage of this article which does not by reason of use conform to
the regulations of the district in which it is situated.
An all weather surfaced area enclosed or unenclosed not in
a street, alley or other right-of-way, and having an area of not less
than one hundred and eighty (180) square feet, inclusive of driveways,
permanently reserved for the temporary storage of one automobile and
connected with the street by an all weather surfaced driveway which
affords satisfactory ingress and egress for automobiles.
An accessory building located on the same property as a residential
dwelling that is ancillary to and utilized in conjunction with a permanent
in-ground or above-ground swimming pool. A pool house may contain
a changing area or a changing room with a bathroom and shower.
Means land, together with any building or structures occupying
it.
A ready-built home is a dwelling which is constructed so
that the entire living area is contained in a single unit or section
at a temporary location for the purpose of selling and moving it to
another location to be placed on a permanent foundation system and
the home completed for the purposes of making a livable residence.
A portable structure, self-propelled or towable by another
vehicle, of such size and weight as not to require special highway
movement permits, primarily designed, constructed or modified to provide
temporary living quarters while in transit, or for recreational camping
purposes or for profit. Recreational vehicles include travel trailers,
camping trailers, truck campers, and motor homes.
A parcel of land on which two or more spaces are used or
intended for use by transient recreational vehicles and their occupants.
A solid six (6) feet fence or wall of wood, filled chain
link, or masonry construction or equivalent landscape screen which
shall be installed prior to or concurrently with the first building
permit issued for a lot, and which shall be permanently maintained.
An accessory building located on the same property as a residential
dwelling and used as living quarters for guests, servants employed
on the premises only, or a related family member, not for rent or
lease, not used for commercial purposes, which is clearly subordinate
and incidental to the main residential dwelling and shares utilities
with the main residential dwelling with no separate utility meters.
A graphic device which identifies a business or advertises
only the commodities or services offered on the premises where the
sign is located .
A public thoroughfare which affords the principal means of
access to abutting property.
Anything constructed or erected, which requires location
on the ground, or attached to something having a location on the ground,
including, but not limited to advertising signs, billboards and poster
panels.
Any change in the supporting members of a building, including,
but not limited to bearing walls or partitions, columns, beams or
girders, or any substantial change in the roof or in the exterior
walls.
The purpose for which land or building is arranged, designed
or intended, or for which either land or building is or may be occupied
or maintained.
An unobstructed parcel of land located at the intersection
of two streets across which vehicles must be able to see in order
to allow safe traffic flow through intersections. Within the visibility
triangle no foliage or structures are permitted to be taller than
thirty-six (36) inches above the curb grades.
 |
An establishment for the sampling and retail sale of wine
by the bottle and/or glass.
Wine production facility which can entail all processes of
wine production as included in a state winery permit.
An open space on a lot unoccupied and unobstructed from the
ground upward, except as otherwise provided in this article.
Front Yard. The front
of a lot shall be considered to be that side of the lot, which fronts
on a street. In the case of a corner lot, the narrowest side fronting
on the street shall be considered to be the front of the lot. In case
the corner lot has equal frontage on two or more streets, the lot
shall be considered to front on that street which the greatest number
of lots abut.
Yard, Side. An open
unoccupied space on the same lot with the building between the main
building and the adjacent side of the lot, and extending entirely
from the front yard to the rear lot line thereof.
 |
(Ordinance 635, sec. 2, adopted 11/17/81; Ordinance 673, secs. 3, 6, adopted 10/5/83; Ordinance 843 adopted 12/18/00; Ordinance 849 adopted 11/6/01; Ordinance 999 adopted 1/18/16; Ordinance
1025, secs. 1–2, adopted 10/16/17)
The City of Levelland is hereby divided into classes of use
districts termed respectively:
|
District Symbol
|
District Name
|
Section Number
|
|---|---|---|
|
SF-1
|
Restricted Single Family District
|
5
|
|
SF-2
|
Single Family District
|
6
|
|
Multi-1
|
Duplex District
|
7
|
|
Multi-2
|
Two Family District
|
8
|
|
Multi-3
|
Low Density Multi-Family District
|
9
|
|
Multi-4
|
High Density Multi-Family District
|
10
|
|
B-1
|
Local Business District
|
11
|
|
B-2
|
General Business District
|
12
|
|
B-3
|
Central Business District
|
13
|
|
I
|
Industrial
|
14
|
(Ordinance 635, sec. 3, adopted 11/17/81)
(a)
Boundaries of the districts as enumerated in Section 9.503 of this article are hereby established and adopted on the Zoning Map of the City of Levelland, which are made a part of this article as fully as if the same were set forth herein in detail.
(b)
The
Zoning Map adopted hereby shall bear the signature of the Mayor and
attestation of the City Secretary for identification and authentication.
(c)
It shall
be the duty of the secretary of the Planning and Zoning Commission
and of the Building Inspector to maintain the Zoning Map and to keep
the Map up-to-date, showing all the changes, amendments, or additions
which may occur to the Zoning Map.
(Ordinance 635, sec. 4, adopted 11/17/81)
(a)
Purpose.
The purpose of this district is to provide for restricted low
density single family residential units, together with such public
and semi-public buildings and facilities and accessory structures
as may be necessary and compatible with a single family residential
development.
(b)
General
Provisions.
(1)
Single
family dwelling units constructed in any zoning district shall comply
with the regulations of the "SF-1" District.
(2)
No
use shall be permitted which is or would reasonably be injurious to
the neighborhood residents or which would interfere with the safety
or with the reasonable use and enjoyment of their property by reason
of the emission of dust, smoke, odor, glare, noise, vibration, trash,
junk, water spray, or by reason of any condition which would amount
to a public nuisance at common law.
(3)
No
more than one dwelling unit shall be permitted per lot.
(c)
Permitted
Uses.
(1)
Single
family dwelling units which are constructed on the dwelling site.
(2)
Public
Parks, Public Buildings, Public or Private Schools (if curriculum
is similar to public schools), and Colleges. Customary uses of such
facilities are permitted as well as occasional public fund raising
functions.
(3)
Churches
and other places of worship, including accessory use and buildings.
Customary uses of such facilities are permitted as well as occasional
public fund raising functions.
(4)
Unlighted
golf courses, but no commercial miniature courses or driving ranges.
(5)
Day
nurseries, provided that the residence must be owner occupied and
not more than ten (10) children are kept at any one time.
(6)
Cultivated
farm land.
(8)
Accessory
buildings of the following character:
(A)
Private garage, tool house, green house, storage house or pool house.
(B)
Bona fide servants quarters.
(C)
Any accessory building closer than ten (10) feet from the main building
shall he considered part of the main building and shall be required
to comply with the same side yards required for the main building,
an accessory building more than ten (10) feet from the main building
may be erected on the side lot line but must be located at least five
(5) feet from any street line.
(D)
Located at least thirty feet (30') from the front lot line or at
least ten feet (10') behind the front wall of the main residential
dwelling, whichever is greater.
(E)
Is not used for any commercial activity.
(F)
Except for bona fide servants quarters is not used as living quarters
for any person.
(G)
Except for pool houses and servants quarters, the accessory building
may not be plumbed to have more than one (1) toilet, one (1) sink
basin and one (1) water heater with a maximum capacity of ten (10)
gallons.
(H)
Has a maximum square footage of 500 square feet or twenty-five percent
(25%) of the main residential dwelling per accessory building, whichever
is greater, with a combined square footage of all accessory buildings
on the property of no greater than 2,500 square feet.
(I)
The highest point of the accessory building is limited to ten (10)
feet or the same level of the main residential dwelling or of the
first story of the main residential dwelling of a multi-story main
residential dwelling, whichever is greater.
(J)
Accessory buildings with a door facing the alley must be setback
from the rear lot line an amount equal to the width of the widest
door opening or ten (10) feet, whichever is less. In no event, may
the door of the accessory building, when open, obstruct or otherwise
prevent the ability of a vehicle to freely traverse the alley.
(d)
Conditional
Uses.
The following uses may be permitted when approved
by the Zoning Board of Adjustment.
(1)
Any
accessory building construction which may extend into the required
front or side yards.
(2)
The
temporary, one year placement of a mobile home in the district, provided
that the mobile home is skirted, and that it is supported and anchored
in accordance with the Texas Department of Labor and Standards' Texas
Mobile Home Tie-down Standards and provided the Board of Adjustment
finds that there is a bona fide personal hardship necessitating the
placement of the mobile home.
(3)
Ambulance
Service.
(4)
Bona
fide home occupations.
(5)
Townhouses
or Condominiums.
(f)
Lot
Width.
The minimum width of any lot shall be sixty (60)
feet.
(g)
Lot
Area.
The minimum area of any lot shall be seven thousand
five hundred (7,500) square feet.
(h)
Off-Street
Parking.
(1)
Single Family Dwellings.
Two (2) parking spaces are
required , and driveways may be used as parking spaces.
(2)
Churches and Other Places of Worship.
One (1) parking
space shall be required within two hundred (200) feet of the church's
entrances for each five seats in the main auditorium.
(3)
Places of Public Assembly.
One (1) parking space shall
be required for each four seats in the main auditorium.
(4)
Schools.
Ten (10) parking spaces shall be required for
each classroom in high schools and colleges, 2 parking spaces shall
be required for each classroom in elementary schools.
(5)
All Other Uses.
The same as required for that use or
a similar type use found elsewhere in this article.
(i)
Signs.
The following signs shall be permitted:
(1)
One
nameplate for occupants of each residential unit.
(2)
Traffic
and official public signs.
(4)
Signs
for churches, public buildings and semi-public buildings, religious,
educational or philanthropic institutions or lodges, fraternities,
sororities, hospitals, clinics, nonprofit clubs, and other nonprofit
organizations lawfully located within a SF-1 zoning district that
meet the following criteria:
(A)
One (1) freestanding, monument or illuminated sign with a maximum
of forty-eight (48) square feet in message area and a maximum height
of the lesser of sixteen (16) feet or the height of the building on
which the sign is located. Electronic signs are permitted so long
as they do not cause a glare or brightness to a degree that it constitutes
a hazard or creates a nuisance by interfering with the reasonable
enjoyment of neighboring property by a person of ordinary sensibilities.
(j)
Oil,
Gas and Service Wells.
All oil, gas and service wells
in any zoning district shall be surrounded by a minimum of a six (6)
foot high solid screening fence.
(k)
Accessory
Buildings on Residential Lots Greater Than One (1) Acre in Size:
The following special exceptions may be permitted when approved
by the zoning board of adjustment:
(1)
Construction
of an accessory building, prior to the construction of the main structure
provided the accessory building:
(A)
Is a permanent structure constructed on site of where the main residential
structure will be built;
(B)
The highest point of the accessory building is limited to eighteen
feet (18');
(C)
Located at least one hundred feet (100') from the front lot line,
twenty feet (20') from the side lot line and twenty feet (20') from
the rear lot line;
(D)
Has a six (6) foot solid screening fence between the accessory building
and any adjacent property with a residential structure already located
on the property unless the owner of the adjoining property provides
written consent for the accessory building to be constructed without
a screening fence; and
(2)
Construction
which would cause the combined square footage of all accessory buildings
on the property to exceed 2,500 square feet.
(3)
Has
a maximum square footage exceeding twenty-five percent (25%) of the
main building.
(l)
SF-1-CA
Restricted Single-Family District – Carports Allowed.
The purpose of this district is to provide for restricted low density single-family residential units, together with such public and semi-public buildings and facilities and accessory structures as may be necessary and compatible with a single-family residential development and that allows the construction of carports in accordance with the provisions of section 9.515(o).
(Ordinance 635, secs. 4–5,
adopted 11/17/81; Ordinance
673, sec. 4, adopted 10/5/83; Ordinance 678, sec. 1, adopted 1/3/84; Ordinance 1025 adopted 10/16/17; Ordinance 1043 adopted 9/9/19; Ordinance 1069 adopted 2/6/2023)
(a)
Purpose.
The purpose of this district is to provide for low density single
family residential units, together with such public and semi-public
buildings and facilities and accessory structures as may be necessary
and compatible with a single family residential development.
(b)
General
Provisions.
(1)
Single
family dwelling units constructed in any zoning district shall comply
with the regulations of the "SF-1" District.
(2)
No
use shall be permitted which is or would reasonably be injurious to
the neighborhood residents or which would interfere with the safety
or with the reasonable use and enjoyment of their property by reason
of the emission of dust, smoke, odor, glare, noise, vibration, trash,
junk, water spray or by reason of any condition which would amount
to a public nuisance at common law.
(3)
No
more than one dwelling unit shall be permitted per lot.
(c)
Permitted
Uses.
(1)
Single
family dwelling units which are constructed upon the dwelling site.
(2)
HUD
Manufactured homes, provided that it is installed, skirted, supported,
and anchored in accordance with the regulations of the Texas Department
of Housing and Community Affairs authorized by V.T.C.A. Occupations
Code, Chapter 1201; and provided further, that all skirting shall
be of a color, texture, material, and appearance that is compatible
with the siding on the manufactured home, and is not allowed to be
rusted, rotted, or otherwise deteriorated.
(3)
Modular
homes or ready-built homes.
(4)
Public
parks, public buildings, public or private schools (if curriculum
is similar to public schools), and colleges. Customary uses of such
facilities are permitted as well as occasional public fund raising
functions.
(5)
Churches
and other places of worship, including accessory use and buildings.
Customary uses of such facilities are permitted as well as occasional
public fund raising functions.
(6)
Unlighted
golf courses, but no commercial miniature courses or driving ranges.
(7)
Day
nurseries, provided that the residence must be owner occupied and
not more than ten children are kept at any one time.
(8)
Cultivated
farm land.
(10)
Accessory buildings of the following character:
(A)
Private garage, tool house, green house, storage house or pool house.
(B)
Bona fide servants quarters.
(C)
Any accessory building closer than ten (10) feet from the main building
shall be considered part of the main building and shall be required
to comply with the same side yards required for the main building;
an accessory building more than ten (10) feet from the main building
may be erected on the side lot line but must be located at least five
feet from any street line.
(D)
Located at least thirty feet (30') from the front lot line or at
least ten feet (10') behind the front wall of the main residential
dwelling, whichever is greater.
(E)
Is not used for any commercial activity.
(F)
Except for bona fide servants quarters, is not used as living quarters
for any person.
(G)
Except for pool houses and servants quarters, the accessory building
may not be plumbed to have more than one (1) toilet, one (1) sink
basin and one (1) water heater with a maximum capacity of ten (10)
gallons.
(H)
Has a maximum square footage of 500 square feet or twenty-five percent
(25%) of the main residential dwelling per accessory building, whichever
is greater, with a combined square footage of all accessory buildings
on the property of no greater than 2,500 square feet.
(I)
The highest point of the accessory building is limited to ten (10)
feet or the same level of the main residential dwelling or of the
first story of the main residential dwelling of a multi-story main
residential dwelling, whichever is greater.
(J)
Accessory buildings with a door facing the alley must be setback
from the rear lot line in an amount equal to the width of the widest
door opening or ten (10) feet, whichever is less. In no event, may
the door of the accessory building, when open, obstruct or otherwise
prevent the ability of a vehicle to freely traverse the alley.
(11)
Single family dwelling houses originally built on a site as an "on-site
built" dwelling, which is moved from the original site to a lot or
lots and reinstalled on a permanent foundation, subject to the provisions
of Section 9.506(1).
(d)
Conditional
Uses.
The following uses may be permitted when approved
by the zoning board of adjustment.
(1)
Any
accessory building construction which may extend into the required
front or side yards.
(2)
Ambulance
Service.
(3)
Bona
fide home occupations.
(4)
Mobile
Home Subdivisions.
(5)
Child
Care Center.
(6)
Townhouses
or Condominiums.
(7)
The
temporary, one year placement of a mobile home in the district, provided
that the mobile home is skirted, and that it is supported and anchored
in accordance with the Texas Department of Labor and Standards Texas
Mobile Home tie-down standards and provided the Board of Adjustment
finds that there is a bona fide personal hardship necessitating the
placement of the mobile home.
(8)
Bed
and Breakfast operations, subject to the particular requirements of
the board of adjustment.
(f)
Lot
Width.
The minimum width of any lot shall be fifty (50)
feet.
(g)
Lot
Area.
The minimum area of any lot shall be six thousand
(6,000) square feet.
(h)
Off-Street
Parking.
(1)
Single Family Dwellings.
Two (2) parking spaces are
required, and driveways may be used as parking spaces.
(2)
Churches and Other Places of Worship.
One (1) parking
space shall be required within 200 feet of the church's entrances
for each five seats in the main auditorium.
(3)
Places of Public Assembly.
One (1) parking space shall
be required for each four seats in the main auditorium.
(4)
Schools.
Ten (10) parking spaces shall be required for
each classroom in high schools and colleges, two (2) parking spaces
shall be required for each classroom in elementary schools.
(5)
All Other Uses.
The same as required for that use or
a similar type use found elsewhere in this article.
(i)
Signs.
The following signs shall be permitted:
(1)
One
nameplate for occupants of each residential unit.
(2)
Traffic
and official public signs.
(4)
Signs
for churches, public buildings and semi-public buildings, religious,
educational or philanthropic institutions or lodges, fraternities,
sororities, hospitals, clinics, nonprofit clubs, and other nonprofit
organizations lawfully located within a SF-2 zoning district that
meet the following criteria:
(A)
One (1) freestanding, monument or illuminated sign with a maximum
of forty-eight (48) square feet in message area and a maximum height
of the lesser of sixteen (16) feet or the height of the building on
which the sign is located. Electronic signs are permitted so long
as they do not cause a glare or brightness to a degree that it constitutes
a hazard or creates a nuisance by interfering with the reasonable
enjoyment of neighboring property by a person of ordinary sensibilities.
(j)
Mobile
Home Subdivisions.
Notwithstanding any restrictions contained
in this article, the following regulations shall apply for Mobile
Home Subdivisions.
(1)
A
mobile home subdivision shall be located with free access to a public
street or highway.
(2)
No
mobile home shall be located nearer than ten (10) feet from either
side boundary lot line or nearer than five (5) feet from the back
boundary lot line.
Mobile homes located on streets that connect at both ends with
streets located outside the subdivision shall be set not less than
twenty-five (25) feet from the front lot boundary line. On all other
streets within the subdivision, mobile homes shall be set not less
than ten (10) feet from the front lot boundary line.
In computing the distance from any lot boundary line, the "tongue"
or hitch of the mobile home shall not be considered as part of the
mobile home.
(3)
Not
less than two (2) off-street parking spaces shall be provided for
each lot. Driveways may be used as parking spaces, but the interior
of any garage or carport shall not be considered as a parking space.
(4)
Any
garage erected, placed or located on a lot shall not extend closer
than ten (10) feet from any side boundary lot line, and shall be so
located on the lot so that one or more of the off-street parking spaces
are located between it and the front boundary lot line.
(5)
All
alleys located in the subdivision shall be not less than twenty (20)
feet wide, and shall be located so as to allow vehicular access from
each end.
(6)
Due
to the density of dwelling units within the subdivision and to prevent
excessive vehicular traffic through a subdivision, to the maximum
extent possible streets will be so located and arranged so as to minimize
the number of streets connecting at both ends with public streets
or highways located outside the subdivision.
(7)
All
streets within the subdivision that do not connect at both ends with
streets located outside the subdivision shall be not less than thirty-four
(34) feet in width, located on a right of way at least fifty (50)
feet in width.
All streets within the subdivision that do connect at both ends
with streets located outside the subdivision shall comply with the
Subdivision Ordinance of the City of Levelland.
(8)
All
streets and alleys shall be constructed in conformity with all applicable
regulations of the City of Levelland, and shall be dedicated to the
city.
(9)
All
mobile homes located within the subdivision shall comply with all
regulations of the City of Levelland pertaining to mobile homes.
(10)
Each applicant for a mobile home subdivision shall, at the time he
submits a proposed plat, submit a proposed set of deed restrictions
applying to each lot in the subdivision containing appropriate provision
for single-family development. Such proposed deed restrictions shall
contain a provision that they shall expire not later than twenty (20)
years after their filing date. However, they may provide for a means
of extension for periods of definite duration upon concurrence of
the then owners of the individual lots.
(12)
No more than one dwelling unit shall be permitted per lot.
(k)
Child
Care Centers.
Notwithstanding any restrictions contained
in this article, the following regulations shall apply for child care
centers.
(1)
A
child care center shall consist of facilities, preferably in conjunction
with a church or a school, suitable for caring for seven or more children
in a day, away from parents or guardians.
(2)
Child
care centers will be required to meet all requirements set forth by
the Texas Department of Human Resources relating to child care centers
before permission may be granted for a conditional use.
(3)
Child
care centers may not begin to operate until such time as certification
from the State of Texas has been granted. Application may be made
for the conditional use necessary for location of a child care center
in the City of Levelland before such certification is obtained, but
any conditional use granted by the city shall be immediately terminated
if state certification is terminated at any time for any reason. The
conditional use shall also terminate upon finding that any provision
of this article has been falsified or if any requirement of this article
is not maintained by the applicant. Before such termination shall
be made by the Board of Adjustment, due notice shall be given to applicant
with the opportunity to correct the violation. The conditional use
shall also terminate in the event that state certification is not
obtained within six (6) months from the date that the conditional
use is granted by the City of Levelland.
(4)
There
shall be at least thirty (30) square feet of indoor activity space
for each child care center, measured wall to wall on the inside of
the building, not including single use areas as defined by the Texas
Department of Human Resources.
(5)
Child
care centers shall have at least eighty (80) square feet of outdoor
play area for each child using the area at one time. All outdoor play
areas used by children shall be accessible by a safe route and enclosed
by a building or fence at least four (4) feet high with at least two
exits.
(6)
Child
care centers must-provide a loading zone which shall be an off street
space for loading and unloading children on the same lot with the
child care center. The loading zone shall be surfaced with an all
weather material and connected by a drive constructed of similar all
weather material with a public street; and such loading zone and its
drive shall also have a separate marked entry and exit for ingress
and egress from a public street or other appropriate means of access.
Such loading zone and drive shall permit traffic flow in one direction
only.
(l)
Single
Family "Moved In" Dwellings.
All single family dwellings permitted under Section 9.506(c)(11) shall meet the following requirements:
(1)
Upon
completion of installation, the dwelling unit will have the appearance
of a dwelling constructed on the lot.
(2)
Before
occupancy or use, the dwelling unit will be brought into compliance
with all codes, rules and ordinances in effect at the time the dwelling
unit is moved to the site.
(3)
Until
the requirements of (1) and (2), above are met to the satisfaction
of the building official, no connections, other than temporary construction
connections to the municipal water and wastewater systems, electric
supply and natural gas supply will be permitted.
(m)
Accessory
Buildings on Residential Lots Greater Than One (1) Acre in Size:
The fallowing special exceptions may be permitted when approved
by the zoning board of adjustment:
(1)
Construction
of an accessory building, prior to the construction of the main structure
provided the accessory building:
(A)
Is a permanent structure constructed on site of where the main residential
structure will be built;
(B)
The highest point of the accessory building is limited to eighteen
feet (18'):
(C)
Located at least one hundred feet (100') from the front lot line,
twenty feet (20') from the side lot line and twenty feet (20') from
the rear lot line;
(D)
Has a six (6) foot solid screening fence between the accessory building
and any adjacent property with a residential structure already located
on the property unless the owner of the adjoining property provides
written consent for the accessory building to be constructed without
a screening fence; and
(2)
Construction
which would cause the combined square footage of all accessory buildings
on the property to exceed 2,500 square feet.
(3)
Has
a maximum square footage exceeding twenty-five percent (25%) of the
main building.
(Ordinance 635, sec. 6, adopted 11/17/81; Ordinance 673, secs. 1–2, 5, 9, adopted 10/5/83; Ordinance 678, sec. 1, adopted 1/3/84; Ordinance 697, sec. 1, adopted 2/19/85; Ordinance 845 adopted 4/17/01; Ordinance 849 adopted 11/6/01; Ordinance 916, sec. 4, adopted 12/3/07; Ordinance 1025 adopted 10/16/17; Ordinance
1043 adopted 9/9/19)
(a)
Purpose.
The purpose of this district is to provide for residential areas
of slightly higher densities and for double occupancy of residential
buildings in areas compatible with the SF-1 districts.
(b)
General
Provisions.
(1)
No
more than one duplex shall be permitted per lot.
(2)
No
use shall be permitted which is or would reasonably be injurious to
the neighborhood residents or which would interfere with the safety
or the reasonable use and enjoyment of their property by reason of
the emission of dust, smoke, odor, glare, noise, vibration, trash,
junk, water spray, or by reason of any condition which would amount
to a public nuisance at common law.
(d)
Conditional
Uses.
The following uses may be permitted when approved
by the Zoning Board of Adjustment.
(1)
Any
use conditionally permitted in the "SF-1" District.
(f)
Lot
Width.
The minimum lot width of any lot shall be seventy-five
feet.
(i)
Signs.
The following signs shall be permitted:
(1)
One
nameplate for occupants of each residential unit.
(2)
Traffic
and official public signs.
(4)
Signs
for churches, public buildings and semi-public buildings, religious,
educational or philanthropic institutions or lodges, fraternities,
sororities, hospitals, clinics, nonprofit clubs, and other nonprofit
organizations lawfully located within a Multi-1 zoning district that
meet the following criteria:
(A)
One (1) freestanding, monument or illuminated sign with a maximum
of forty-eight (48) square feet in message area and a maximum height
of the lesser of sixteen (16) feet or the height of the building on
which the sign is located. Electronic signs are permitted so long
they do not cause a glare or brightness to a degree that it constitutes
a hazard or creates a nuisance by interfering with the reasonable
enjoyment of neighboring property by a person of ordinary sensibilities.
(Ordinance 635, sec. 7, adopted 11/17/81; Ordinance 1043 adopted 9/9/19)
(a)
Purpose.
The purpose of this district is to provide for residential areas
of slightly higher densities, for double occupancy of residential
buildings and for two mobile homes to be placed as dwelling units
on single lots.
(b)
General
Provisions.
(1)
A
duplex unit constructed in any zoning district except the Multi-1
district shall comply with the regulation of the "Multi-2" District.
(2)
No
more than one duplex shall be permitted per lot.
(3)
No
more than two mobile homes shall be permitted per lot.
(4)
No
use shall be permitted which is or would reasonably be injurious to
the neighborhood residents or which would interfere with the safety
or the reasonable use and enjoyment of their property by reason of
the emission of dust, smoke, odor, glare, noise, vibration, trash,
junk, water spray, or by reason of any condition which would amount
to a public nuisance at common law.
(d)
Conditional
Uses.
The following uses may be permitted when approved
by the Zoning Board of Adjustment.
Any use conditionally permitted in the "SF-1", "SF-2" or "Multi-1"
Districts.
(e)
Yard
Requirements.
(1)
Front Yard.
The minimum front yard shall be twenty-five
(25) feet.
(2)
Side Yard.
There shall be a minimum side yard of five
(5) feet on each side of any structure. Overhanging roof eaves and
fireplaces may extend as much as twenty-four (24) inches into a side
yard.
(3)
As a condition to the placement of two mobile homes on a single lot as provided in Subsection 9.508(c)(4), neither mobile home shall be located nearer than ten (10) feet from each side lot boundary line, and in addition there shall be not less twenty (20) feet of unobstructed space between the two mobile homes.
This requirement shall override and control over the provisions of subsection (2).
(4)
In the event two dwelling units are located on a lot as contemplated by Subsection 9.508(c)(3) and one of such dwelling units is a mobile home, the mobile home shall be located not less than ten (10) feet from each side boundary lot line and there shall be not less than twenty (20) feet of unobstructed space between the mobile home and the other dwelling unit.
(f)
Lot
Width.
The minimum lot width of any lot shall be fifty
(50) feet.
(g)
Lot
Area.
(1)
The
minimum area for any lot with a single family dwelling shall be six
thousand (6,000) square feet.
(2)
The
minimum area for any lot with two-family dwelling units or a duplex
shall be six thousand (6,000) square feet.
(3)
The
minimum area for any lot with two mobile homes on a lot shall be six
thousand (6,000) square feet.
(h)
Floor
Area Ratio.
A maximum of .50 square feet of total floor
area for each one (1) square foot of lot area is permitted.
(j)
Signs.
The following signs shall be permitted:
(1)
One
nameplate for occupants of each residential unit.
(2)
Traffic
and official public signs.
(4)
Signs
for churches, public buildings and semi-public buildings, religious,
educational or philanthropic institutions or lodges, fraternities,
sororities, hospitals, clinics, nonprofit clubs, and other nonprofit
organizations lawfully located within a Multi-2 zoning district that
meet the following criteria:
(A)
One (1) freestanding, monument or illuminated sign with a maximum
of forty-eight (48) square feet in message area and a maximum height
of the lesser of sixteen (16) feet or the height of the building on
which the sign is located. Electronic signs are permitted so long
as they do not cause a glare or brightness to a degree that it constitutes
a hazard or creates a nuisance by interfering with the reasonable
enjoyment of neighboring property by a person of ordinary sensibilities.
(Ordinance 635, sec. 8, adopted 11/17/81; Ordinance 697, adopted 2/19/85, Section 6; Ordinance 1043 adopted 9/9/19)
(a)
Purpose.
The purpose of this district is to promote medium density, multiple
occupancy development. Architectural design, landscaping, screening,
and parking areas shall be so provided as to insure maximum protection
of any adjacent lower density use areas.
(b)
General
Provisions.
No use shall be permitted which is or would
reasonably be injurious the neighborhood residents or which would
interfere with the safety or the reasonable use and enjoyment of their
property by reason of the emission of dust, smoke, odor, glare, noise,
vibration, trash, junk, water spray, or by reason of any condition
which would amount to a public nuisance at common law.
(f)
Lot
Width.
The minimum width of any lot shall be fifty (50)
feet.
(g)
Lot
Area.
The minimum area for any lot with single family
dwelling, duplex, two family dwelling units or multi-family dwelling
units shall be six thousand (6,000) feet.
(h)
Floor
Area Ratio.
A maximum of .50 square feet of total floor
area for each one (1) square foot of lot area is permitted.
(i)
Off-Street
Parking.
(1)
Single Family Dwelling.
Two (2) parking spaces required.
(2)
Duplexes and Two-Family Dwelling.
Two (2) parking spaces
required for each dwelling unit.
(3)
Multi-Family Dwellings.
Two (2) parking spaces required
for each one-bedroom unit, two (2) spaces for each two (2) or more
bedroom units, plus one (1) additional space for each four (4) units
in the development.
(4)
All Other Uses.
the same as required for that use or
a similar type use found elsewhere in this article.
(j)
Alley
Screening.
Whenever any property located in a "Multi-3"
zoned district is adjacent to any "SF-1" or "Multi-1" zoned district,
on either side or to the rear, even if separated by an alley, a six
(6) feet high solid screening fence shall be installed and permanently
maintained on the development lot along the adjacent property line.
No such screening fence is required when the adjacent property is
separated from the development lot by a publicly dedicated street.
(k)
Signs.
The following signs shall be permitted:
(1)
One
nameplate for occupants of each residential unit.
(2)
Traffic
and official public signs.
(4)
Signs
for churches, public buildings and semi-public buildings, religious,
educational or philanthropic institutions or lodges, fraternities,
sororities, hospitals, clinics, nonprofit clubs, and other nonprofit
organizations lawfully located within an M-3 zoning district that
meet the following criteria:
(A)
One (1) freestanding, monument or illuminated sign with a maximum
of forty-eight (48) square feet in message area and a maximum height
of the lesser of sixteen (16) feet or the height of the building on
which the sign is located. Electronic signs are permitted so long
as they do not cause a glare or brightness to a degree that it constitutes
a hazard or creates a nuisance by interfering with the reasonable
enjoyment of neighboring property by a person of ordinary sensibilities.
(5)
One
(1) identification sign that does not utilize or incorporate flashing,
moving, or intermittent illuminations, with a maximum of forty-eight
(48) square feet in message area and a maximum height the lesser of
twenty-five (25) feet or the height of the building on which the sign
is located.
(l)
Site
Plan Review.
No building permit shall be issued until
the City Manager or Building Inspector has reviewed a site plan for
a building sign and has approved the same as to off street parking
spaces, the location of private driveways, and the availability of
ingress and egress to off-street parking sites.
(m)
Separation
Requirement.
There must be a linear separation of at
least ten (10) feet between each building located upon a tract of
land.
(n)
(1)
Design, Construction, and Maintenance of HUD Manufactured Home Parks
and Vacation Travel Trailer Parks.
(A)
(i)
All new HUD manufactured home park and vacation travel park construction
permitted hereby shall comply with the requirements and standards
set out in all relevant sections of the city code, including but not
limited to, subdivision regulations, building code, plumbing code,
electrical code and zoning regulations.
(ii)
HUD manufactured home parks and vacation travel trailer parks
in existence upon the effective date of this article shall comply
with this article when updating their existing facilities. Updating
shall mean major remodeling or replacement of existing facilities,
but shall not include normal maintenance.
(B)
All HUD manufactured home parks and vacation travel trailer parks
constructed in whole or in part after the effective date of this article
shall conform to the following requirements:
(i)
Landscaping:
A “green-belt” not less than
five feet (5') in width consisting of growing trees, or grass, or
other ground cover shall be maintained along the perimeter of HUD
manufactured home parks and vacation travel trailer parks with omissions
made for interior street entrances and exists and along those boundary
lines adjacent to a similar “green-belt” already in existence.
Exposed ground surfaces in all parks shall be protected with a vegetative
growth that is capable of preventing soil erosion and of eliminating
dust.
(ii)
Density:
The following maximum densities shall
apply to HUD manufactured home parks and vacation travel trailer parks:
HUD manufactured homes – nine (9) per acre.
Vacation travel trailers – fifteen (15) per acre.
(iii)
Initial development of any HUD manufactured home park shall
not be less than .85 acre fully improved with serviced spaces. All
site plans shall define the initial development area.
(iv)
HUD manufactured home and vacation travel trailer minimum setback
and spacing requirements:
|
HUD manufactured
| ||
|---|---|---|
|
Spacing:
|
Vacation Home
|
Travel Trailer
|
|
Between HUD manufactured home structure
|
10'
|
10'
|
|
End to end parking
|
10'
|
6'
|
|
HUD manufactured
| ||
|---|---|---|
|
Setbacks:
|
Vacation Home
|
Travel Trailer
|
|
From permanent structures (excluding individual storage structures,
patio roofs and carports)
|
10'
|
5'
|
|
From patio roof or carport of one HUD manufactured structure
to adjacent HUD manufactured structure
|
3'
|
3'
|
|
Rear and side park property lines
|
10'
|
5'
|
|
Front park property lines
|
25'
|
15'
|
|
From interior streets
|
10'
|
10'
|
|
From cul-de-sac streets
|
15'
|
10'
|
|
Space Width:
|
35'
|
25'
|
(v)
Tenant Storage:
HUD manufactured home parks shall provide
storage facilities of one hundred twenty (120) cubic feet minimum
on each HUD manufactured home space.
(vi)
Patio Roofs and Carports:
HUD manufactured home
and vacation travel trailer spaces may have open unenclosed patio
roofs and carports of metal, fiberglass or other materials.
(vii)
Utilities:
Utilities shall be provided at the
expense of developer as follows:
a.
Water Supply:
An adequate supply of potable water
for domestic and fire protection purposes shall be supplied to meet
the requirements of the park. HUD manufactured home and vacation travel
trailer spaces shall be provided with a water hookup at least four
(4) inches above the ground and hose connection for lawn maintenance.
b.
Sewage Disposal:
Waste from showers, bathtubs,
toilets, lavatories in HUD manufactured homes, vacation travel trailers
and service or other buildings within the park shall be discharged
into a public sewer system in compliance with applicable ordinances.
In the event public services are not available, such waste shall be
discharged into a private disposal system approved by the City-County
Health Unit.
c.
Natural Gas:
HUD manufactured home park spaces
shall be provided with a natural gas hookup at least four (4) inches
above the ground.
d.
Electrical Service:
Service shall be provided
throughout HUD manufactured home parks and vacation travel trailer
parks, and service to individual HUD manufactured homes and vacation
travel trailers shall meet the requirements as set forth in the City
Electrical Code.
(viii)
Lighting shall be provided at the expense of developer as follows:
Street lighting within the HUD manufactured home parks and vacation
travel trailer parks shall be provided along all internal streets.
Light standards shall have a height and spacing to insure an average
illumination level of not less than two-tenths (0.2) footcandles shall
be maintained.
(ix)
Interior streets shall be provided at the expense of developer
as follows:
a.
Interior streets shall be of hard surface and shall permit unobstructed
access to within at least two hundred feet (200') of any portion of
each HUD manufactured home or vacation travel trailer;
b.
All interior streets shall be privately built and maintained by the
owner or agent;
c.
The internal streets shall be continuous and connect with other internal
streets or with public streets, or shall be provided with a cul-de-sac
having a minimum diameter of fifty feet (50'). No internal street
ending in a cul-de-sac shall exceed five hundred feet (500') in length;
and
d.
Interior streets where on-street parking is permitted shall not be
less than thirty-five feet (35') in width. In HUD manufactured home
parks and vacation travel trailer parks where no on-street parking
is permitted, the interior streets shall not be less than twenty feet
(20') in width.
(x)
Parking:
One (1) off-street hard-surface parking space
shall be provided for each HUD manufactured home space, and one (1)
additional guest hard-surface parking space shall be provided in a
common area for each three (3) HUD manufactured homes in the park.
Such parking spaces shall not be over three hundred feet (300') from
the HUD manufactured homes they serve. Vacation travel trailer parks
shall provide one (1) automobile parking space for each vacation travel
trailer space and one (1) additional guest parking space shall be
provided in a common area for each four (4) vacation travel trailer
spaces in the park. Such parking shall not be over two hundred feet
(200') from the travel trailers they serve.
(xi)
Recreation Area:
a.
Extent:
Recreation areas and facilities in HUD
manufactured home parks such as playgrounds, swimming pools and community
buildings shall be provided which in the judgment of the park licensee
or agent will meet the anticipated needs of the clientele which the
park is designed to serve. Provision of separate adult and tot lot
recreation areas is encouraged.
b.
In HUD manufactured home parks of four (4) acres or more, at least
five percent (5%) of the gross site area shall be devoted to recreational
facilities, generally provided in a central location. In large parks,
this may be decentralized. Recreation areas include space for community
buildings and community use facilities such as adult recreation and
child play areas, swimming pools and drying yards, but not including
vehicle parking areas.
c.
Playground Location:
When playground space is
provided, it shall be so designated and shall be protected from traffic,
thoroughfares, and parking areas. Such space shall be maintained in
a sanitary condition and free of safety hazards.
(xii)
Sanitation Facilities:
Vacation travel trailer
parks shall provide toilets, baths or showers, and other sanitation
facilities which shall conform to the following requirements:
a.
The toilet and other sanitation facilities for males and females
shall be either in separate buildings or shall be separated, if in
the same building, by a soundproof wall. Such service buildings shall
be well-lighted and ventilated at all times with screened openings.
These service buildings shall be maintained in clean, sightly condition
and kept free of any condition that could menace the health of any
occupant. Service buildings shall be located not closer than five
feet (5') nor farther than two hundred feet (200') from any vacation
travel trailer space.
b.
An adequate supply of hot water shall be provided at all times
in any required service buildings, and for all bathing, washing, cleansing
and laundry facilities.
c.
Toilet Facilities:
1.
Males:
Toilet facilities for males shall consist
of not less than one (1) flush toilet for every fifteen (15) vacation
travel trailers, and one (1) urinal for every fifteen (15) vacation
travel trailers, one (1) shower with individual dressing accommodations
for every ten (10) vacation travel trailers.
2.
Females:
Toilet facilities for females shall consist
of not less than one (1) flush toilet for every ten (10) vacation
travel trailers, one (1) shower with individual dressing accommodations
for every ten (10) vacation travel trailers.
(xiii)
Refuse and Garbage Handling:
a.
Centrally located dumpster containers sufficient to handle the
refuse generated by HUD manufactured home parks and vacation travel
trailer parks may be provided. Such dumpsters shall be located in
designated areas where pickup will be made by the city.
b.
If refuse is gathered at the individual sites, it shall be stored
in flytight, watertight, rodent-proof containers, which shall be located
at each HUD manufactured home and vacation travel trailer site. Containers
for this use shall be provided in sufficient number and capacity to
store properly all refuse.
c.
The park licensee or agent shall insure that the individual
site refuse containers are emptied regularly or collected and stored
centrally and maintained in a sanitary condition for pickup by the
city.
(xiv)
Fire Protection:
a.
Fire hydrants approved by the city fire chief shall be installed
so that no HUD manufactured home space or vacation travel trailer
space will be over five hundred feet (500') from a hydrant setting
on a six inch (6") water main.
b.
There shall not be any storage under the HUD manufactured homes
or vacation travel trailers of any items that would create a fire
hazard.
c.
The HUD manufactured home park or the vacation travel trailer
park licensee or agent shall be responsible for maintaining the conditions
of this section and for maintaining the entire area of the park free
of dry brush, leaves and weeds.
(xv)
Supervision:
A responsible attendant or supervisor,
owner or operator shall be in charge at all times to keep the HUD
manufactured home park or vacation travel trailer park, its facilities
and equipment in a clean, orderly and sanitary condition and he shall
be answerable, with the licensee, for any violation of the provisions
of this article.
(2)
Permits for Construction.
(A)
All applications for HUD manufactured home park and vacation travel
trailer park permits shall be made upon standard forms provided by
the building inspector and shall contain the following:
(B)
To this application shall be attached two (2) copies of a site plan,
at a minimum scale of one inch (1") equals one hundred feet (100').
One print of the plot plan is to be circulated by the building inspector
to each of the city departments designated in this article for approval
prior to issuing the permit. This plot plan does not replace or supersede
the subdivision plat of the property required by state law to be recorded
in the county records of the county in which the property is located,
after review and approval of the zoning commission.
(C)
Permit Fee:
All applications to the building inspector
shall be accompanied by a fee as provided for in the fee schedule
found in the appendix of this code.
(D)
Issuance of Permit:
When upon review of the application
the building inspector is satisfied that the proposed plan meets the
requirements of this article, a permit shall be issued.
(E)
Appeal From Denial of Permit by the Building Inspector:
Any person affected by the refusal of the building inspector to issue
a permit under the provisions of this article as set out in this section
may request and shall be granted a hearing on the matter before the
city council, provided that such person shall file within thirty (30)
days after the date the permit was refused, in the office of the building
inspector, a written petition requesting such hearing and setting
forth a brief statement of the grounds therefor. Upon receipt of such
petition, the building inspector shall forward it to the city secretary
who shall request the city council to set a time and place for such
hearing and shall give the petitioner written notice thereof. At such
hearing the petitioner shall be given an opportunity to be heard and
to show why such refusal should be modified or withdrawn.
(F)
Hearing Order:
After such hearing, the city council
shall issue an order in writing sustaining, modifying or withdrawing
the refusal which order shall be served as provided in this section
hereof. Upon failure to comply with an order by the city council sustaining
or modifying a decision thereof, the occupancy permit and the license
of the park affected by the order shall be revoked.
(3)
Permits.
(A)
(i)
A permit is required annually for each HUD manufactured home park
or vacation travel trailer park. It shall be unlawful for any person
to operate any such park within the limits of the city unless he holds
a valid permit issued annually by the city tax department in the name
of such person for the specific park.
(ii)
This annual permit can be issued when the owner or agent shows
written evidence that the HUD manufactured home park or vacation travel
trailer park and its facilities have been inspected and approved by
the city-county health department and the city fire department not
more than thirty (30) days prior to the date of permit application.
This nontransferable permit may be obtained at the city tax office.
(iii)
The city tax department shall send out notices thirty (30) days
before expiration date and follow-up to insure this annual permit
is obtained.
(B)
Display:
The permit shall be conspicuously posted in
the office of the HUD manufactured home park or vacation travel trailer
park at all times.
(C)
Revocation:
The permit to maintain and operate a HUD
manufactured home park or vacation travel trailer park shall be revoked
by the city tax department upon ten (10) days’ notice when recommended
by the city-county health department, building inspector, or fire
department on the finding of a violation of any provision of this
article. A new permit may be issued if the circumstances leading to
revocation have been remedied.
(4)
Inspection.
(A)
Inspection Required:
The building inspector, the city-county
health officer, the fire chief, the police chief and the tax assessor-collector
are hereby authorized and directed to make such inspections as are
necessary to determine compliance with this article.
(B)
Entry on Premises:
The building inspector, the city-county
health officer, the fire chief, the police chief and the tax assessor-collector
shall have the power to enter at reasonable times upon any private
or public property for the purpose of inspecting and investigating
conditions relating to the enforcement of this article.
(C)
Inspection of Register:
The building inspector, the
city-county health officer, the fire chief, the police chief and the
tax assessor-collector shall have the power and authority in discharging
their official duties to inspect the register containing a record
of all residents of the HUD manufactured home or vacation travel trailer
park.
(D)
Duty of Occupants:
It shall be the duty of every occupant
of a HUD manufactured home park or vacation travel trailer park to
give the permittee, his agent or authorized employee access to any
part of such park at reasonable times for the purpose of making such
repairs or alterations as are necessary to effect compliance with
this article.
(E)
Register of Occupants:
It shall be the duty of the permittee
to keep a register containing a record of all HUD manufactured home
and vacation travel trailer owners and occupants located within the
park. This register shall be kept for a period of two (2) years and
be readily available for inspection by law enforcement officers, public
health officials and other officials whose duties necessitate acquisition
of the information contained in the register. The register shall contain
the following information:
(i)
Name and address of each occupant;
(ii)
The make, model, year, license number and state registration
of all automobiles, HUD manufactured homes and vacation travel trailers;
(iii)
The date of arrival and departure of each HUD manufactured home
and vacation travel trailer; and
(iv)
Information forms will be furnished by the city.
(Ordinance 635, sec. 9, adopted 11/17/81; Ordinance 843 adopted 12/18/00; Ordinance
916, sec. 2, adopted 12/3/07; Ordinance 1043 adopted 9/9/19)
(a)
Purpose.
The purpose of this district is to promote high density multifamily
developments in harmony with lower density uses while being mindful
of traffic circulation patterns by requiring frontage on major thoroughfares.
Architectural design, landscaping, screening, and parking areas shall
be so provided as to insure maximum protection of any adjacent lower
density use areas.
(b)
General
Provisions.
No use shall be permitted which is or would
reasonably be injurious to the neighborhood residents or which would
interfere with the safety or the reasonable use and enjoyment of their
property by reason of the emission of dust, smoke, odor, glare, noise,
vibration, trash, junk, water spray, or by reason of any condition
which would amount to a public nuisance at common law.
(d)
Conditional
Uses.
The following uses may be permitted when approved
by the Zoning Board of Adjustment.
(f)
Lot
Width.
The minimum width of any lot or grouping of lots
for a Multi-4 site shall be one hundred (100) feet.
(g)
Lot
Area.
(1)
The
minimum area for any lot with a single family dwelling shall be five
thousand (5,000) square feet.
(2)
The
minimum area for any lot with duplexes, two family dwelling units
or multi-family units shall be six thousand (6,000) square feet.
(3)
The
minimum lot area for multi-family dwelling units using the high density
residential district floor area ratio shall be ten thousand (10,000)
square feet.
(h)
Floor
Area Ratio.
A maximum of .75 square feet of total floor
area for each one (1) square foot of land area is permitted.
(i)
Off
Street Parking.
(1)
Single Family Dwelling.
Two (2) parking spaces required.
(2)
Duplexes or Two-Family Dwelling.
Two (2) parking spaces
required for each dwelling unit.
(3)
Multi-Family Dwellings.
Two (2) parking spaces required
for each one-bedroom unit, two spaces for each two or more bedroom
units, plus one (1) additional space for each four units in the same
development.
(4)
Multi-Family Dwelling Units Using the High Density Residential District
Floor Area Ratio.
One (1) parking space required for
each efficiency unit, one and one-half (1-1/2) space for each one
bedroom unit, two (2) spaces for each unit with two (2) bedrooms,
two and one-half (2-1/2) spaces for each unit with three (3) or more
bedrooms, additionally, one (1) extra space for each four (4) dwelling
units in a development.
(5)
Clubs, Lodges, Fraternities and Sororities.
one space
for each one hundred (100) square feet of gross floor area.
(6)
All Other Uses.
the same as required for that use or
a similar type use found elsewhere in this article.
(j)
Alley
Screening.
Whenever any property located in a "Multi-4"
zoned district is adjacent to any "SF-1", "SF-2", "Multi-1", or "Multi-2"
zoned district, on either side or to the rear, even if separated by
an alley, a six (6) feet high solid screening fence shall be installed
and permanently maintained on the development lot along the adjacent
property line. No such screening fence is required when the adjacent
property is separated from the development lot by a publicly dedicated
street.
(k)
Signs.
The following signs shall be permitted:
(1)
One
nameplate for occupants of each residential unit.
(2)
Traffic
and official public signs.
(4)
Signs
for churches, public buildings and semi-public buildings, religious,
educational or philanthropic institutions or lodges, fraternities,
sororities, hospitals, clinics, nonprofit clubs, and other nonprofit
organizations lawfully located within a Multi-4 zoning district that
meet the following criteria:
(A)
One (1) freestanding, monument or illuminated sign with a maximum
of forty-eight (48) square feet in message area and a maximum height
of the lesser of sixteen (16) feet or the height of the building on
which the sign is located. Electronic signs are permitted so long
as they do not cause a glare or brightness to a degree that it constitutes
a hazard or creates a nuisance by interfering with the reasonable
enjoyment of neighboring property by a person of ordinary sensibilities.
(5)
One
(1) identification sign that does not utilize or incorporate flashing,
moving, or intermittent illuminations, with a maximum of forty-eight
(48) square feet in message area and a maximum height the lesser of
twenty-five (25) feet or the height of the building on which the sign
is located.
(l)
Site
Plan and Review.
No building permit shall be issued until
the City Manager or Building Inspector has reviewed a site plan for
a building site and has approved the same as to off-street parking
spaces, the location of private driveways, and the availability of
ingress and egress to off-street parking sites.
(m)
Separation
Requirement.
There must be a linear separation of at
least ten (10) feet between each building located upon a tract of
land.
(Ordinance 635, sec. 10, adopted 11/17/81; Ordinance 1043 adopted 9/9/19)
(a)
Purpose.
The purpose of this district is to provide local neighborhood
residential areas with limited convenience services and small retail
type items.
(b)
General
Provisions.
(1)
No
use shall be permitted which is or would reasonably be injurious the
neighborhood residents or which would interfere with the safety or
the reasonable use and enjoyment of their property by reason of the
emission of dust, smoke, odor, glare, noise, vibration, trash, junk,
water spray, or by reason of any condition which would amount to a
public nuisance at common law.
(2)
When
proposed development in this district is adjacent to any residentially
zoned district, on either site or to the rear, even if separated by
an alley, a six (6) feet solid screening fence or an equivalent landscape
screen shall be installed and permanently maintained on the development
lot along the adjacent property line. A solid wall of a building,
when permitted to be located on the property line, shall constitute
adequate screening.
(c)
Permitted
Uses.
(1)
Any
uses conditionally or unconditionally permitted in any of the Residential
Districts, except those listed conditionally in this section.
(2)
Grocery
store.
(3)
Television
or household appliance repair shop.
(4)
Restaurants
where dining room facilities are provided inside the building and
at which no outside drive-up or walk-up service is offered.
(5)
Gasoline
pumps as an accessory use to another use permitted in this District
(6)
Offices
and Clinics.
(7)
Self-service
laundry.
(d)
Conditional
Uses.
The following uses may be permitted when approved
by the Zoning Board of Adjustment.
Small stores and small shops where goods and merchandise are
solid at retail.
(f)
Lot
Width.
(1)
The
minimum width of any lot used for a single family dwelling, two-family
dwelling and low density multi-family dwellings shall be fifty (50)
feet.
(2)
The
minimum width of any lot used for high density, multifamily dwelling
units shall be one hundred (100) feet.
(3)
There
shall be no minimum lot width for any other type of use in this district
other than those described above for residential uses.
(g)
Lot
Area.
(1)
The
minimum width for any lot with a single family dwelling shall be five
thousand (5,000) square feet.
(2)
The
minimum area for any lot with duplexes, two-family dwelling units
or multi-family units shall be 6,000 square feet.
(3)
The
minimum lot area for multi-family dwelling units using the high density
residential district floor area ratio shall be 10,000 square feet.
(4)
There
shall be no minimum lot area requirement for any other type of use
in this district other than those described above for residential
uses.
(j)
Signs.
The following signs shall be permitted:
(k)
Site
Plan and Review.
No building permit shall be issued until
the City Manager or Building Inspector has reviewed a site plan for
a building site and has approved the same as to off-street parking
spaces, the location of private driveways, and the availability of
ingress and egress of off-street parking sites.
(Ordinance 635, sec. 11, adopted 11/17/81; Ordinance 1043 adopted 9/9/19)
(a)
Purpose.
The purpose of this district is to provide for heavy retail
and wholesale commercial uses which serve a wide area. Such districts
should have frontage on major trunk thoroughfares which are designed
to safely carry a high volume of traffic.
(b)
General
Provisions.
(1)
No
use shall be permitted which is or would reasonably be injurious to
the neighborhood residents or which would interfere with the safety
or the reasonable use and enjoyment of their property by reason of
the emission of dust, smoke, odor, glare, noise, vibration, trash,
junk, water spray, or by reason of any condition which would amount
to a public nuisance at common law.
(2)
All
businesses shall be conducted entirely within a building. Outside
storage of any type shall be prohibited except in conjunction with
the on premises sale or rental of motor vehicles, trailers, fully
constructed portable buildings, plants, plant material, garden and
yard equipment, lumber, and building supplies, and farm implements.
(3)
When
proposed development in this district is adjacent to any residentially
zoned district, on either side or to the rear, even if separated by
an alley, a six (6) feet solid screening fence or an equivalent landscape
screen shall be installed and permanently maintained on the development
lot along the adjacent property line. A solid wall of a building,
when permitted to be located on the property line, shall constitute
adequate screening.
(c)
Permitted
Uses.
(1)
Any
uses conditionally or unconditionally permitted in any of the residential
districts or in the B-1 District except mobile home subdivisions and
mobile home parks.
(2)
Mini
Storage Buildings.
(3)
Retail
or wholesale stores and shops.
(4)
Bicycle
and lawnmower sales and repair shops.
(5)
Radio,
television and electrical appliance sales and repair.
(6)
Tool
rental shops.
(7)
Office
supply and printing services.
(8)
Personal
service shops, such as shoe repair, tailoring, dress making and similar
shops.
(9)
Laboratories
and studios.
(10)
Funeral homes or mortuaries.
(11)
Animal hospitals and pet and grooming shops where there are no open
kennels or open exercise runs.
(12)
Hotels or motels.
(13)
Carwash facilities.
(14)
Billboards, provided such sign is not closer than 400 feet to another
such sign.
(15)
Newspaper printing establishment.
(16)
New and Used Car Dealership.
(17)
Wine Tasting Facility.
(d)
Conditional
Uses.
(1)
Mobile
Home Subdivisions.
(2)
Mobile
Home Parks.
(3)
Sexually
oriented businesses, upon such conditions and limitations as required
by the zoning board of adjustment.
(4)
Bulk
Storage of Wine.
(5)
Winery
so long as it is consistent with the light manufacturing requirements
outlined in this section.
(6)
Light
manufacturing so long as all manufacturing is conducted indoors, limited
to 5,000 square feet of dedicated manufacturing space where the manufactured
product is offered for retail sale in an attached retail outlet or
storefront.
(e)
Yard
Requirements.
(1)
Front Yard.
The minimum front yard shall be twenty (20)
feet. This section shall not be so construed as to permit obstruction
of any nature on corner lots within the visibility triangle.
(2)
Side Yard.
There shall be no side yard requirement except
when the property is adjacent to any Residential Districts, in which
case the minimum side yard requirement shall be five (5) feet.
(f)
Lot
Width.
(1)
The
minimum width of any lot used for a single-family dwelling, two-family
dwelling and low density multifamily dwellings shall be fifty (50)
feet.
(2)
The
minimum width of any lot used for high density, multifamily dwelling
units shall be one hundred (100) feet.
(3)
There
shall be no minimum lot width for any other type of use in this district
other than those described above for residential uses.
(g)
Lot
Area.
(1)
The
minimum area for any lot with a single-family dwelling shall be 5,000
feet.
(2)
The
minimum area for any lot with duplexes, two-family dwelling units
or multifamily units shall be six thousand (6,000) square feet.
(3)
The
minimum lot area for multifamily dwelling units using the high density
residential district floor area ratio shall be 10,000 square feet.
(4)
There
shall be no minimum lot area requirement for any other type of use
in this district other than those described above far residential
uses.
(j)
Signs.
The following signs shall be permitted:
(k)
Mobile
Home Parks.
Notwithstanding any restrictions contained
in this article, the following regulations shall apply for Mobile
Home Parks.
(1)
A
mobile home park shall be located with free access to a public street
or highway.
(2)
When
the mobile home park is adjacent to any residentially zoned district,
on either side or to the rear, even if separated by a side street
or alley, a six (6) feet solid screening fence of wood or masonry
construction, or an equivalent landscape screen shall be installed
and permanently maintained on the development lot along the adjacent
property line. A solid wall of a building, when permitted to be located
on the property line, shall constitute adequate screening.
(3)
The
number, location, and size of access drives shall be subject to approval
by the City Planning and Zoning Commission.
(4)
Internal
access drives shall be not less than twenty-five 25 feet in width
and shall be paved and maintained with a smooth hard surface and be
properly drained.
(5)
There
shall be no minimum lot area for mobile home sites or spaces in a
park, except that there shall be not less than twenty (20) feet of
unobstructed clearance between mobile homes. In computing this clearance,
any attached carport, garage, porch, or other structure shall be considered
as part of the mobile home. No mobile home shall be located closer
than five (5) feet to any access drive. Each mobile home shall be
properly skirted and shall be supported and anchored in accordance
with all applicable state and local laws and regulations.
(6)
Off-street
parking spaces in a park shall be provided in the ratio of two (2)
spaces per mobile home and placed in locations convenient to individual
mobile homes or groups of mobile homes.
(7)
The
mobile home park shall conform to all other regulations contained
in the City of Levelland building, gas, plumbing, and electrical codes
.
(8)
A
park exceeding six hundred (600) feet in depth shall be required to
install a six-inch water main, or such other size as required by the
City Engineer, looped if possible, located within the park and instead
at or near the edge of the pavement in a dedicated easement. Fire
hydrants shall be located along the main so as to make fire protection
available to all property in the park. This facility is to be installed
at the park owner's expense and dedicated to the city and is to be
maintained by the city.
(9)
Outside
lighting shall be erected in such a manner that it will neither be
detrimental to nor project onto adjacent properties.
(l)
Site
Plan Review.
No building permit shall be issued until
the city manager or building inspector has reviewed a site plan for
the mobile home park and has approved the same as to all off-street
parking spaces, driveways, utilities, hook-ups, and other structures
or improvements, and the availability of ingress and egress to off-street
parking sites.
(Ordinance 635, sec. 12, adopted 11/17/81; Ordinance 673, sec. 11, adopted 10/5/83; Ordinance 697, secs. 3–4, 7, 9, adopted 2/19/85; ; Ordinance 908, sec. 2, adopted 3/5/07; Ordinance 999 adopted 1/18/16; Ordinance
1043 adopted 9/9/19)
(a)
Purpose.
The purpose of this district is to provide for the commercial,
financial and governmental focal paint of the city. The principal
difference in this district and General Business District is that
buildings may be built to the front property line and it is impractical
to require off-street parking spaces for each business on its own
lot.
(b)
General
Provisions.
(1)
No
use shall be permitted which is or would reasonably be injurious to
the neighborhood residents or which would interfere with the safety
or the reasonable use and enjoyment of their property by reason of
the emission of dust, smoke, odor, glare, noise, vibration, trash,
junk, water spray, or by reason of any condition which would amount
to a public nuisance at common law.
(2)
All
businesses shall be conducted entirely within a building. Outside
storage of any type shall be prohibited except in conjunction with
the on premises sale or rental of motor vehicles, trailers, fully
constructed portable buildings, plants, plant material, garden and
yard equipment, and construction supplies.
(3)
When
proposed development in this district is adjacent to any residentially
zoned district, on either side or to the rear, even if separated by
an alley, a six (6) feet solid screening fence or an equivalent landscape
screen shall be installed and permanently maintained on the development
lot along the adjacent property line. A solid wall of a building,
when permitted to be located on the property line, shall constitute
adequate screening.
(c)
Permitted
Uses.
Any uses conditionally or unconditionally permitted
in any of the residential districts or in the B-1 District or the
B-2 District, except for mobile home subdivisions and mobile home
parks.
(d)
Conditional
Uses.
(1)
Mobile
Home Subdivisions.
(2)
Mobile
Home Parks.
(3)
Brewpub.
(4)
Bulk
Storage of Wine.
(5)
Winery
so long as it is consistent with the light manufacturing requirements
outlined in this section.
(6)
Light
manufacturing so long as all manufacturing is conducted indoors, limited
to 5,000 square feet of dedicated manufacturing space where the manufactured
product is offered for retail sale in an attached retail outlet or
storefront.
(e)
Yard
Requirements.
(1)
Front Yard.
The minimum front yard for any lot used
for a single family dwelling, two family dwelling or low density multi-family
dwellings shall be twenty (20) feet.
(2)
Front Yard.
The minimum front yard for any lot used
for high density multi-family dwellings shall be twenty-five (25)
feet.
(3)
Side Yard.
There shall be no side yard requirement except
when the property is adjacent to any Residential Districts, in which
case the minimum side yard requirement shall be five (5) feet.
(f)
Lot
Width.
(1)
The
minimum width of any lot used for a single family dwelling, two family
dwelling and low density multi-family dwellings shall be fifty (50)
feet.
(2)
The
minimum width of any lot used for high density, multifamily dwelling
units shall be one hundred (100) feet.
(3)
There
shall be no minimum lot width for any other type of use in this district
other than those described above for residential uses.
(g)
Lot
Area.
(1)
The
minimum area for any lot with a single family dwelling shall be five
thousand (5,000) feet.
(2)
The
minimum area for any lot with duplexes, two family dwelling units
or multi-family units shall be 6,000 square feet.
(3)
The
minimum lot area for multi-family dwelling units using the high density
residential district floor area ratio shall be 10,000 square feet.
(4)
There
shall be no minimum lot area requirement for any other type of use
in this district other than those described above for residential
uses.
(h)
Off
Street Parking.
There shall be no off-street parking
requirements in the district unless the lot is being used for a residential
purpose in which case the parking space requirements of the residential
districts shall be followed.
(j)
Signs.
The following signs shall be permitted:
(1)
Attached
permanent signs not exceeding the maximum sign message area for businesses.
(2)
Temporary signs as permitted in Section 9.309 of the of the city code including temporary signs on sidewalks during business hours that meet the criteria of Section 9.306(b)(2) of the city code.
(Ordinance 635, secs. 12–13,
adopted 11/17/81; Ordinance
697 adopted 2/19/85; Ordinance 999 adopted 1/18/16; Ordinance 1043 adopted 9/9/19)
(a)
Purpose.
The purpose of this district is to provide suitable areas for
industrial and heavy commercial uses along major thoroughfare corridors
which may produce off-site noise, odor or dust. The regulations are
designed to provide areas protected from residential use intrusions.
(b)
General
Provisions.
(1)
One
caretakers home on the Industrial site is permitted.
(2)
No
use shall be permitted which is or would reasonably be injurious to
the neighborhood residents or which would interfere with the safety
or the reasonable use and enjoyment of their property by reason of
the emission of dust, smoke, odor, glare, noise, vibration, trash,
junk, water spray, or by reason of any condition which would amount
to a public nuisance at common law.
(3)
When
proposed development in this district is adjacent to any residentially
zoned district, on either side or to the rear, even if separated by
a street or alley, a six (6) feet high solid screening fence or an
equivalent landscape screen shall be installed and permanently maintained
on the development lot along the adjacent property line.
(4)
Notwithstanding
anything in this article to the contrary, any residential use in existence
in an Industrial District at the time of the passage of this article
shall be permitted to continue. The residential use may be expanded,
remodeled or conveyed in the Industrial District for so long as it
is continuously utilized as a residence. An abandonment of the property
as a residential use for a continuous period of twelve months shall
cause the property to be treated as a nonconforming use under this
article.
(d)
Conditional
Uses.
(1)
Sexually
oriented businesses, upon such conditions and limitations as required
by the zoning board of adjustment.
(e)
Yard
Requirements.
(1)
Front Yard.
No front yard is required. This section
shall not be construed so as to permit obstructions of any nature
on corner lots within the visibility triangle.
(2)
Side Yard.
There shall be no side yard requirements,
except where the property is adjacent to any residentially zoned district,
even if separated by an alley, the side yard requirement shall be
five (5) feet.
(f)
Off-Street
Parking.
One (1) parking space shall be required for
every employee, computed using the maximum number of employees employed
at any one time.
(g)
Site
Plan Review.
No building permit shall be issued until
the City Manager or Building Inspector has reviewed a site plan for
a building site and has approved the same as to off-street parking
spaces, the location of private driveways, and the availability of
ingress and egress to off-street parking sites.
(Ordinance 635, sec. 14, adopted 11/17/81; Ordinance 908, sec. 3, adopted 3/5/07; Ordinance 999 adopted 1/18/16; Ordinance 1039 adopted 2/4/19)
(a)
All
land annexed by the City of Levelland through voluntary or involuntary
annexation procedures shall upon the date of annexation be designated
as being in any zoning district that the Council shall direct.
(b)
Whenever
the council vacates a street or alley right-of-way, the adjacent districts
shall extend to the center line of such vacation.
(c)
Temporary
building, including "mobile homes" used for construction offices are
permitted in any district as accessory buildings only during the course
of construction.
(d)
Lots
existing at the time of passage of this article.
(1)
On
lots which contain between four thousand (4,000) and six thousand
(6,000) square feet in area, a one-family dwelling or other use may
be erected provided the required yard regulations are observed.
(2)
On
any lot separately owned containing less than four thousand (4,000)
square feet in area, a one-family dwelling may be erected provided
the required yard regulations are observed. Where two (2) or more
adjoining lots are under the same ownership, only a single one-family
dwelling or other permitted use may be built on a fifty (50) feet
width.
(e)
On lots
fronting on two (2) non-intersecting streets, a front yard shall be
provided on each street except when a note appears on the recorded
plat restricting access to one of the abutting streets in which case
only one (1) front yard shall be required.
(f)
Vision
clearance. On any corner lot on which a front or side yard is required,
no wall, fence, sign or other structure or any plant growth shall
be permitted or maintained higher than three (3) feet above the curb
grade within twenty (20) feet of the intersection of the curb grade
lines. This area shall be known as the visibility triangle.
(g)
Any
fence, wall, hedge, shrubbery, etc. higher than a base line extending
from a point three (3) feet above walk grade to a point four and one
half (4-1/2) feet above walk grade at the depth of front yard required
is an obstruction to view and a violation of this article, except
single trees having trunks which are pruned to a height of six (6)
feet above walk grade. Lots on a cul-de-sac will be permitted to waive
the height restriction for fences and shrubbery upon obtaining the
permission of the Building Inspector.
(h)
Open
fire escapes, fireproof outside stairways and balconies may project
into a side yard a distance of not more than two (2) feet.
(i)
Notwithstanding
anything in this article to the contrary, any business use in existence
in a residential district at the time of the passage of this article
shall be permitted to continue. The business use may be expanded,
remodeled or conveyed in the residential district for so long as it
is continuously utilized as a business. An abandonment of the property
as a business use for a continuous period of twelve months shall cause
the property to be treated as a nonconforming use under this article.
(j)
Notwithstanding anything in this article to the contrary, any conditional use which may be granted to permit townhouses or condominiums in a single family-one (SF-1) or single family-two (SF-2) zoning district as allowed by Section 9.505(d)(5) or 9.506(d)(6) of this article, the decision of the Zoning Board of Adjustment need not be final. After decision has been made by the Board to grant or deny the conditional use, any person may appeal the decision of the board to the city council of the City of Levelland by paying a Fifty Dollar ($50.00) appeal fee in the office of the zoning administrator within ten (10) days of the Zoning Board of Adjustment's decision. If no appeal fee is paid within such ten (10) day period of time, the decision of the Zoning Board of Adjustment is final. In the event that the appeal fee is paid, the city council shall consider the conditional use at its next available meeting and by majority vote may approve or deny the conditional use request.
(k)
Notwithstanding
anything in this article to be contrary, any building located on a
cul-de-sac may be erected with the front portion in line with the
other buildings on the street, however, garage entrances must have
a minimum setback of twenty (20) feet from the front property line.
(l)
Notwithstanding
anything in this article to the contrary, no more than two main buildings
or mobile homes shall be permitted on any single lot or tract. In
the case of unusually large lots or tracts, the Zoning Board of Adjustment
may consider as a conditional use the granting of permission to allow
more than two main buildings or mobile homes on a lot in any zoning
district.
(m)
No mobile
home shall be located less than ten (10) feet from the side boundary
lot line of any lot, and there shall be not less than twenty (20)
feet of unobstructed space between any mobile home and any other mobile
home or other dwelling.
(n)
No mobile
home manufactured prior to June 15, 1976 that does not qualify as
a HUD-code manufactured home shall be brought into, stored, set up,
or used within the city limits.
(o)
Carports
are allowed to be constructed in SF-1-CA, SF-2, Multi-1, Multi-2,
Multi-3, Multi-4, B-1 and B-2 Districts provided they meet the following
requirements outlined in this subsection.
(1)
Prior to beginning construction of any carport on any lot, the property owner must obtain a building permit as required by Section 9.520 of the Code of Ordinances. In addition to any information required by Section 9.520, the property owner must submit building plans and a material list with the application for a building permit that must be approved by the building inspector.
(2)
The
primary purpose, design and utilization of the carport shall be solely
for the parking, storage or protection of automobiles or vehicles.
Carports may not be designed or utilized for any other purpose including,
but not limited to, storage of anything other than an automobile or
vehicle.
(3)
Location:
Any carport in an SF-2 district must be located in the front yard
and the sides of the carport must run parallel to the front and side
yards of the property.
(4)
Setback:
There shall be no minimum front setback for the carport. The carport
must have a minimum setback of five (5) feet from the side property
line. For purposes of measuring the side setback, the roof edge, overhang
and vertical structural supports of the carport are included in the
setback measurement.
(5)
At
least three sides of the carport shall be open and unencumbered except
as may be necessary for vertical structural supports. A side of a
carport is considered open and unencumbered if no more than fifteen
percent (15%) of the vertical plane of any open side is obscured by
vertical structural supports, walls, screening, lateral bracing, trim,
fascia, glazing or other vertical elements.
(6)
The
height of the carport, as determined by measuring from the finished
floor of the carport to the highest point on the roofline of the carport,
may not exceed the height of the first story of the main residential
structure located on the same lot.
(7)
Vertical
structural support posts for the carport must be set in concrete twenty-four
inches (24") deep and support post holes must have a diameter at least
double the circumference of vertical structural support post.
(8)
Carports
must be constructed over an improved surface that shall become the
finished floor of the carport. Carports may not be constructed over
grass, dirt or any other unimproved surface. The improved surface
of the carport must consist of (A) asphalt having a minimum depth
of four inches over a four-inch stabilized base consisting of compacted
crushed stone, cement treated base or soil cement base; (B) reinforced
concrete having a minimum depth of four inches; (C) caliche, gravel
or crushed granite having a minimum depth of four inches; or (D) concrete
pavers over a four-inch stabilized base consisting of compacted crushed
stone, cement treated base or soil cement base.
(9)
The
maximum square footage of the carport may not be greater than five
hundred (500) square feet.
(10)
A carport may not be constructed, located or placed on a lot where
it encroaches on any public street, right-of-way, sidewalk, alley
or utility easement. The roof edge or overhang is included for purposes
of determining whether a carport encroaches on a public street, right-of-way,
sidewalk, alley or utility easement.
(11)
A carport may not be constructed, located or placed on a lot where
it obstructs the vision of a driver of a motor vehicle within thirty
(30) feet of approaching a street intersection.
(12)
A maximum of one (1) carport shall be allowed per lot.
(13)
Property owners shall be responsible for complying with any deed
restrictions which may be applicable to the construction of carports.
(Ordinance 635, sec. 15, adopted 11/17/81; Ordinance 673, secs. 7–8, 10, adopted 10/5/83; Ordinance 697, sec. 13, adopted 2/19/85; Ordinance 916, sec. 3, adopted 12/3/07; Ordinance 1063 adopted 9/12/2022; Ordinance 1069 adopted 2/6/2023)
(a)
Purpose.
Since the state law requires a zoning ordinance to be a comprehensive
plan in which the rules are uniform as to each zoning district and
not by individual parcels of property, it is impractical if not impossible
to provide for all special or unusual circumstances which might be
applicable to a particular piece of property. In anticipation of such
situations the State Zoning Law and this article make provision through
a Board of Adjustment to deal with certain problems arising out of
the application of the regulations. Decision of the Board are not
appealable to the City Council.
(b)
Creation.
There shall be a Board of Adjustment, established and governed
by Article 1011g of the Civil Statutes of Texas, and consisting of
five (5) members appointed by the City Council, each to be appointed
for a term of two (2) years, removable for cause by the appointing
authority upon written charges and after a public hearing. Vacancies
shall be filled for the unexpired term of any member whose term becomes
vacant. The City Council may appoint up to four (4) alternate members
to the Board who shall serve in the absence of one (1) or more regular
members when requested to do so. The alternate members shall serve
for the same period as the regular members and any vacancies shall
be filled in the same manner, and alternates shall be subject to removal
as the regular members.
(c)
Powers.
(1)
The
Zoning Board of Adjustment shall not have the power to grant any special
exception or variance which allows a use permitted in a less restricted
Zoning District to be placed in a more restrictive Zoning District
except for those uses provided for as "Conditional Uses", or in accordance
with this section.
(2)
The
Board shall have the power to hear and decide appeals where it is
alleged there is an error in any order, requirement, decision or determination
made by an administrative official in the enforcement of this article.
(3)
Special
Exceptions. In order to provide for adjustment in the relative locations
of uses and buildings of the same or different classifications, to
promote the usefulness of this article, and to supply the necessary
elasticity to its different operation, special exceptions are permitted
by the terms of this article to be granted by the Board of Adjustment
upon a showing of good cause.
(d)
Special
Exceptions.
The following special exceptions may be permitted,
if the board finds that in its opinion, as a matter of fact, such
exceptions will not substantially affect adversely the uses of adjacent
and neighboring property permitted by this article nor will the exceptions
unduly hinder traffic conditions in the area.
(1)
Where
there is now a commercial use on a portion of the lot to allow a nonconforming
commercial use to extend to the entire lot or a large portion of that
lot.
(2)
To
waive or reduce the parking and loading requirements in any district
whenever the character or use of the building is such as to make unnecessary
the full provision of parking or loading facilities, or where such
regulations would impose an unreasonable hardship upon the use of
the lot.
(3)
To
authorize additions or substantial alternates to special permits.
(4)
To
determine in cases of uncertainty the classification as to district
of any use not specifically named in this article, provided, however,
such use shall be in keeping with uses specifically named in the district
regulations.
(5)
To
authorize business signs to exceed the maximum height limitations
of twenty-five (25) feet upon a finding by the board that the taller
sign is so engineered as to be capable of withstanding the stresses
of sustained winds in excess of one hundred ten (110) mph. A certification
signed by a licensed engineer of the State of Texas will be prima
facia evidence that the sign meets the wind stress requirement.
In granting any special exceptions under the provisions of this
article, the board may designate such conditions in connection therewith,
in its opinion, which will secure substantially the purpose and intent
of this article. If the board's conditions are not met within sixty
(60) days of the granting of the special exceptions, the board, on
its own motion, may revoke the special exception and order the removal
of all improvements made by the applicant for the special exception.
(e)
Conditional
Uses.
The Board of Adjustment shall have the power to
grant the following:
To grant conditional use permits in any zone where such uses
are allowed by the provisions of this article. In granting any conditional
uses under the provisions of this article, the Board may designate
such conditions in connection therewith, in its opinion, which will
secure substantially the purpose and intent of this article. If the
Board's conditions are not met within sixty (60) days of the granting
of the conditional use, the Board, on its own motion, may revoke the
conditional use and order the removal of all improvements made by
the applicant for the conditional use.
(f)
Variances.
(1)
The
Board of Adjustment shall have the power to vary the regulations of
any district so as to relieve difficulties or hardships in cases when
and where, by reason of exceptional narrowness, shallowness, or shape
of a specific piece of property at the time of the enactment of such
regulation or restriction, or by reason of exceptional topographical
conditions or other extraordinary and exceptional situations or conditions
of such piece of property, the strict application of each regulation
or restriction would result in peculiar and exceptional practical
difficulties to, or exceptional hardship upon, the owner of such property.
Such grant or variance shall comply, as nearly as possible, in every
respect with the spirit, intent, and purposes of the zoning plan,
it being the purpose of provision to authorize the granting of variation
only for reasons of demonstrable and exceptional hardship as distinguished
from variation sought by applicants for purposes or reasons of convenience,
profit or caprice.
(2)
In
granting any variance under the provision of this article, the Board
may designate such conditions in connection therewith, which, in its
opinion, will secure substantially the purpose and intent of this
article.
In the event that an applicant who is granted a variance with
conditions attached, failed to meet those conditions within a reasonable
time, the Board on its own motion, and due public hearing, may revoke
the applicant's variance and order the property to be returned to
the condition it was in prior to the application of the variance to
the property.
(g)
Lapse
of Special Exception, Conditional Use or Variance.
After
the Board of Adjustment has approved a special exception or granted
a conditional use or variance, the special exception or variance so
approved or granted shall lapse after the expiration of one year,
if no substantial construction or change of use has taken place in
accordance with the plans for which such special exception, condition
use or variance was granted, and the provisions of this article shall
thereafter govern.
(h)
Fees.
Before any action shall be taken on any appeal to the Board
of Adjustment necessitating the publication of notices or sending
of notices, the appellant shall deposit with the City Secretary the
sum of $50.00 to cover costs and expenses relative thereto.
(i)
Notice.
Notices of hearing on any requests for special exceptions, conditional
uses, appeals or variance shall be given in accordance with State
Statutes as they may hereinafter be altered or amended. As a minimum,
however, the following procedural steps shall be followed:
(1)
For
a request for a Special Exception, Conditional Use, Appeal or Variance,
the Board of Adjustment shall cause to be issued by mail, written
notice of a public hearing before the Board of Adjustment to all owners
of city real property (owners as shown on the last approved city tax
roll) whose property lies within two hundred (200) feet of the property
in controversy.
(2)
If
part of the property within the two hundred (200) feet was annexed
to the city since the approval of the last city tax roll, notice shall
be given to those property owners by newspaper publication at least
fifteen (15) days before the hearing.
(3)
The
mailed notices shall be properly addressed, postage paid and deposited
in the city post office at least ten (10) days before the hearing
date.
(4)
At
least fifteen (15) days before the public hearing before the Board
of Adjustment for City Planning and Zoning Commission, notice shall
be published one time in a newspaper of general circulation in the
city.
(Ordinance 635, sec. 16, adopted 11/17/81; Ordinance 646, sec. 1, adopted 3/16/82; Ordinance 1043 adopted 9/9/19)
(a)
Purpose.
In order to provide for design and land use flexibility in the
various districts, certain uses of property may be applied for to
the Planning and Zoning Commission of the City of Levelland. Upon
a finding that the special permit use is in harmony with the purposes
and objectives of the zoning regulations the Planning and Zoning Commission
may recommend to the City Council that the special permit application
be granted.
(b)
Permitted
Uses.
Only those Special Permit uses stated in this section
are permitted.
(1)
Outdoor
Theater in a B-2 or I District, provided: Approval be obtained from
the State Highway Department when located on or near a state highway.
(2)
Dog
Kennels in a B-2 or I District, provided: There are no open pens in
a B-2 District but fenced runs are permitted in an I District.
(3)
Excavation
of Sand and Gravel in the B-2 and I Districts provided: Applicant
meets the requirements of Commission and Council.
(4)
Recreation
Vehicle or Travel Trailer Park in a B-2 District provided:
(A)
Area shall be at least three acres in size with a minimum of 100
feet adjacent to a public street or highway.
(B)
Recreational vehicle spaces will be rented by the day or week only
and the occupant of a recreational trailer space shall remain in the
same park not more than ninety (90) continuous days .
(C)
Access to the park shall be from a public street or highway. The
number and location of access drives shall be approved by the City
Manager. No space for parking vehicles shall be designed for direct
access to a street outside the premises of the park.
(D)
Interior access drives shall not be less than eighteen (18) feet
in width of pavement and shall be paved and maintained with a hard
surface that shall be well-drained. No parking shall be permitted
on the pavement.
(E)
Each space shall provide sufficient parking and maneuverability space
so the parking or maneuvering of vehicles shall not necessitate-the
use of any public street, sidewalk or right-of-way or any private
property not a part of the park.
(F)
There shall be no minimum lot area for recreational vehicles except
that such vehicles be so harbored that there shall be at least a ten
(10) feet unobstructed clearance between such vehicles and provided
that no part of such vehicles shall be closer than twenty (20) feet
to any building within the park nor closer than five (5) feet to any
access drive. There shall be no more than fifteen (15) such recreational
vehicles per acre of gross site area.
(G)
There shall be at least one well-maintained recreational area, which
shall be available for use by all occupants, and which shall total
not less than eight (8%) per cent of the gross site area.
(H)
Outside lighting shall be erected in such a manner that it not be
detrimental to nor project onto adjacent properties.
(I)
A business sign is permitted as an accessory use.
(J)
Exposed ground surfaces in all parts of the park shall be paved or
covered with screenings or other solid material, or protected with
a vegetative growth that is capable of preventing soil erosion and
eliminating objectionable dust.
(K)
Storage, collection and disposal of refuse shall be so conducted
as to create no health hazard, rodent harborage, insect breeding area,
accident or fire hazard, or air pollution. All refuse shall be stored
in fly-tight, water-tight, and rodent-proof containers, which shall
be located not more than 150 feet from any recreational vehicle space.
(L)
The person to whom the special permit is granted shall at all times
operate the park in compliance with this article and shall provide
adequate supervision to maintain the park, its facilities, and equipment
in good repair and in a clean and sanitary condition at all times.
(5)
Explosive
Manufacture or Storage in the I District, provided: Approval of the
Fire Chief obtained and additional conditions of Council are met.
(6)
Livestock
or Feed Yards in the I District, provided: Approval of Health Department
obtained and additional conditions of Council are met.
(7)
Stock
Yards or Slaughtering of Animals in the I District, provided: Approval
of Health Department obtained and additional conditions of Council
are met.
(8)
Fat
Rendering and Distillation of Bones in the I District, provided: Approval
of Health Department obtained and additional conditions of Council
are met.
(9)
Fertilizer
Manufacture in the I District, provided: The process will not create
any danger to the health or safety in residential areas of the city
and will not create any offensive noise, vibration, smoke, dust, odors,
heat, or glare in such residential areas.
(10)
Cotton Gin and Compress in an I District, provided: Approval of Health
Department obtained and additional conditions of Council are met.
(11)
Junk Yards, Salvage or Scrap Operations, or Automobile Wrecking Yards
in an I District, provided: Conditions of City Council are met and
that the property be surrounded by at least a six (6) feet high solid
screen fence and that material not be piled higher than the screening
fence.
(12)
Manufacture of Chemicals and Storage in Bulk in an I District, provided:
Conditions of Council are met.
(13)
Petroleum Refining and Storage in Bulk in an I District, provided:
Conditions of Fire Marshal and City Council are met.
(14)
Feed Grinding and Processing in an I District, provided: Conditions
of Council are met.
(15)
Curing, Tanning and Storage of Hides in an I District, provided:
Conditions of Council are met.
(16)
Any other use not listed but which may be potentially hazardous or
objectionable because of the emission of smoke, noise, odor, toxic
gas or glare permitted in the I District, provided: Conditions of
City Council are met.
(17)
Zero Lot Line houses in any residential district subject to the following
conditions:
(A)
Front Yard.
The minimum front yard shall be fifteen
(15) feet, provided that in no case shall a garage fronting only a
street be within twenty (20) feet of the street property line.
(B)
Side Yard.
There shall be no side yard requirements
for one side of the house; however, the other side yard shall be a
minimum of ten (10) feet, five (5) feet of which shall be an access
easement for adjoining property maintenance.
No doors, windows or other openings shall be permitted on Zero
(0) lot line side of houses.
All corner lots shall have a minimum of ten (10) feet side yard
adjacent to a street.
(C)
Lot Width.
The minimum width of any development lot
shall be thirty-five (35) feet.
(D)
Lot Area.
The minimum area of any development lot shall
be twenty-eight hundred (2,800) square feet.
(E)
Lot Coverage.
The combined area of all structures shall
not exceed sixty-five (65) percent of the lot area. Trellised and
open porches shall not be counted in the combined area.
(F)
Off-Street Parking.
Single family dwellings shall have
a minimum of two (2) approved parking spaces.
(G)
Access.
All lots shall have access either to a public
street or to a private street meeting city street construction standards.
(18)
Utility distribution facilities and appurtenances including water,
sewer, electric, gas, telephone and television may be permitted in
any district, except that power generation, and offices, may not be
located in residential districts.
(c)
Large
Scale Residential Developments.
(1)
Purpose.
The purpose of this section is to encourage
creative approaches for better quality and lower cost residential
developments by permitting reasonable modifications of the standard
zoning and subdivision regulations in a completely planned development.
(2)
Plan Submission.
The owner or owners of ten (10) acres
or more within a Residential District may submit a plan to the Council
showing in detail the manner in which the land is to be used, the
location, size, character and appearance of buildings, and provision
for street circulation, off-street parking, service areas, landscaping,
etc.
(3)
Time Limit.
The Council shall submit such plan to the
commission who shall have forty-five (45) days in which to investigate,
hold public hearings and make a report and recommendations of the
City Council on the plan.
(4)
Procedure.
The Commission shall review the proposed
development as to its conformity to the comprehensive plan and recognized
principles of civic design, land use planning and landscape architecture.
The minimum yard requirements of the district in which the development
is located shall not apply, except that the minimum yards shall be
provided around the boundaries of the area being developed. The Commission
may impose conditions regarding layout, traffic circulation, and may
require that appropriate deed restrictions be filled that would be
enforceable by the city and/or an approved home owners' association
for a period of at least twenty (20) years from the date of filing.
The plan shall comply with applicable procedures of the Ordinance
governing the subdivision of land. A plat of the development shall
be recorded regardless of whether a subdivision is proposed and such
plat shall show building lines, common land, if any, streets, easements
and other applicable features required by the Ordinance regarding
the subdivision of land.
The maximum number of dwelling units permitted shall comply
with the requirements of the district or districts in which the development
is located. The number of dwelling units permitted shall be determined
by dividing the net development area by the minimum lot area per family
required by the district or districts in which the area is located.
The net development shall be determined by subtracting the area set
aside for churches, schools, and commercial areas from the gross development
area and deducting twenty (20) per cent of the remainder for streets
regardless of the amount of land actually required for streets. The
area of land set aside from common open space and recreational use
shall be included in determining the number of dwelling units permit.
The dwelling units may be one-family, two-family or multi-family provided.
For each three (3) acres of residential use in the development,
there may be not more than one (1) acre for commercial use.
The proposed uses, signs, and off-street parking shall be approved
by the Commission.
(d)
Procedure.
(1)
After
receiving an application for a permit the Planning and Zoning Commission
shall hold a public hearing thereon and determine the effect of such
proposed use upon:
(A)
The neighborhood character
(B)
Traffic
(C)
Public utilities
(D)
Public health
(E)
Public safety and general welfare
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the public hearing shall be conducted following notice of a
hearing in the style required by Article 1011f of Vernon's Revised
Civil Statutes. If the City Planning and Zoning Commission makes no
report within thirty (30) days of the public hearing, the Commission
shall be considered to have made a report approving the proposed special
permit. After the recommendations and report of the City Planning
and Zoning Commission containing reasons for the recommendation have
been filed, a public hearing shall be held by the City Council. Notice
of such hearing shall be given by publication one time in the official
publication of the City of Levelland, Texas, stating the time and
place of such hearing, which time shall not be earlier than fifteen
(15) days from the first day of such publication.
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(2)
The
Planning and Zoning Commission in formulating their recommendations
to the City Council and stating the reasons for the recommendation,
may require from the applicant plans for construction and any other
pertinent information which may help the Planning and Zoning Commission
in reaching their determination of whether or not to recommend the
special permit. In addition, the Planning and Zoning Commission may
recommend to the City Council and the City Council may require in
addition to the specified conditions inherent in the special permit,
such other reasonable conditions and stipulations as are deemed to
be necessary by the City Council for the protection of the immediate
properties and for the protection of the neighborhood character around
the special permit use.
(Ordinance 635, sec. 17, adopted 11/17/81; Ordinance
1063 adopted 9/12/2022)
(a)
Purpose.
The lawful use of any building, structure or land existing at
the time of the enactment of this article may be continued although
such use does not conform with the provisions of this article provided,
however, the right to continue such nonconforming uses shall be subject
to regulations prohibiting the creation of a nuisance and shall terminate
when inappropriate use of the premises produces a condition which
constitutes a nuisance and further, the right of nonconforming uses
to continue shall be subject to such regulations as the maintenance
of the premises and conditions of operation may, in the judgment of
the Board of Adjustment, be reasonably required for the protection
of adjacent property and further, the right of nonconforming uses
to continue shall be subject to the specific regulations herein contained.
(b)
Change
of Use.
A nonconforming use of a building or structure
may be changed to another nonconforming use of the same or of a higher
classification, provided no structural alterations are made in the
building. If the use is changed to a higher classification or to a
conforming use, it cannot be changed back to the original nonconforming
use. For the purposes of this paragraph, the "same classification"
means uses permitted in the same district; a "higher classification"
means uses in a district with a prior listing in this article.
(c)
Discontinuance
of Nonconforming Use.
If a nonconforming use of a building
or premises is discontinued for a period of ninety (90) days or more,
the use of such premises or building then must conform to the use
regulations of the district in which it is located.
(d)
Damage
to Nonconforming Use.
No building or structure which
has been damaged by any cause whatsoever to the extent of more than
fifty (50) percent of the fair market value of the building immediately
prior to the damage shall be restored except in conformity with the
regulations of this article and all rights as a nonconforming use
are terminated. If a building or structure is damaged by less than
fifty (50) percent of its fair market value, it may be repaired or
reconstructed and used as before the time of damage, provided that
such repairs or reconstruction be substantially completed within twelve
(12) months of the date of such damage.
(e)
Enlargement
of Nonconforming Use.
A nonconforming use cannot be enlarged,
extended, reconstructed or structurally altered unless changed to
a conforming use.
(f)
Special
Permit Uses Not Nonconforming.
Existing uses of the types eligible for special permits under Section 9.517 shall be conforming uses and shall receive a special permit for the existing use from the building inspector upon request. A special permit shall be required for any enlargement or addition .
(g)
Intermittent
and Illegal Uses.
The occasional, intermittent, temporary
or illegal use of land or buildings shall not be sufficient to establish
the existence of a nonconforming use and the existence of a nonconforming
use on the entire lot or tract.
(h)
Nonconforming
Uses Not Validated.
A conforming use in violation of
a provision of the Ordinance which this article repeals shall not
be validated by adoption of this article.
(Ordinance 635, sec. 18, adopted 11/17/81; Ordinance 697, sec. 12, adopted 2/19/85)
(a)
Amendment.
The City Council may from time to time, on its own motion or
upon petition amend, supplement, change, modify by Ordinance the boundaries
of districts or modify the regulations or restrictions herein established.
Any proposed amendment, supplement, change or modification shall first
be submitted to the City Planning and Zoning Commission for its recommendations
and report. If the City Planning and Zoning Commission makes no report
within thirty (30) days, it shall be considered to have made a report
approving the proposed amendment, supplement, modification or change.
(b)
Notice.
Notices of hearing on any proposed amendment, supplement, change
or modification shall be given in accordance with State Statutes as
they now exist or as they may hereinafter be altered or amended. As
a minimum, however, the following procedural steps shall be followed:
(1)
For
a proposed change in classification, the Planning and Zoning Commission
shall cause to be issued by mail, written notice of a public hearing
before the Planning and Zoning Commission to all owners of city real
property (owners as shown on the last approved city tax roll) whose
property lies within two hundred (200) feet of the property on which
the change is proposed.
(2)
If
part of the property within the two hundred (200) feet was annexed
to the city since the approval of the last city tax roll, notice shall
be given to those property owners by newspaper publication at least
fifteen (15) days before the hearing.
(3)
The
mailed notices shall be properly addressed, postage paid and deposited
in the city post office at least ten (10) days before the hearing
date.
(4)
At
least fifteen (15) days before the public hearing before the City
Planning and Zoning Commission, notice shall be published one time
in a newspaper of general circulation in the city.
(5)
Following
the hearing and recommendation of the Planning and Zoning Commission
to the City Council, at least fifteen (15) days notice of the time
and place of a public hearing on the proposal before the City Council
shall be published in a paper of general circulation in the city.
(b-1)
Notice Involving Substantial Amendments.
Notices
of hearings on any proposed amendments, supplements, changes, or modification
proposed as part of a comprehensive review of this chapter undertaken
by the Planning and Zoning Commission shall be given as follows:
(1)
Prior to taking final action on any proposal to the City Council
calling for substantial or comprehensive amendments, supplements,
changes or modifications to this chapter, the Planning and Zoning
Commission shall conduct a public hearing. Notice of this public hearing
shall be published two times in a newspaper of general circulation
in the city, the first publication being not less than fifteen (15)
days prior to the public hearing, and the second publication being
not more than seven (7) days prior to the public hearing.
(2)
Prior to taking final action on a proposal from the Planning and
Zoning Commission involving substantial or comprehensive amendments,
supplements, changes or modifications to this chapter, the City Council
shall conduct a public hearing. Notice of this public hearing shall
be published one time in a newspaper of general circulation in the
City, with such publication being not less than fifteen (15) days
prior to the public hearing.
(c)
Twenty
Percent Rule.
If the city planning commission recommends
against, or if a protest against such proposed amendment, supplement,
change or modification shall be presented to the City Manager, duly
signed by the owners of 20 percent or more, either of the area of
lots or land included in such proposed change, or of the lots or land
immediately adjoining the same, the modification shall not become
effective except by the favorable vote of three-fourths (3/4) of all
the members of the City Council.
(d)
Fees.
Before any action shall be taken as provided in this article,
the applicant for such amendment shall deposit with the City Secretary
the sum of $100.00 to cover costs and expenses relative thereto.
(e)
In any
Ordinance changing the boundaries of any zoning district, or changing
the zoning classification of any lot, block, tract or other parcel
of land, the City Council shall have the authority to condition the
approval of any such change in any manner deemed appropriate in order
to protect the interests of other properties, including the authority
to limit the use of such lot, block, tract, or other parcel solely
to the use proposed as part of the application or request for such
zoning change. The approved use shall be considered for all purposes
as being the grant of a conditional use, notwithstanding that the
proposed use would otherwise be an unconditionally permitted use in
that classification of zoning district. Any subsequent change in use
will require approval from the City Council in the same manner as
any other conditional use.
(Ordinance 635, sec. 19, adopted 11/17/81; Ordinance 810, adopted 11/18/97; Ordinance
940 adopted 7/20/09)
(a)
Building
Inspector.
It shall be the duty of the Building Inspector to enforce the provisions of this article, and to refuse to issue any permit for a building, or for a use of any premises which would violate any of the provisions of this article. Appeals from any decision of the Building Inspector may be taken to the Board of Adjustment as provided for in Section 9.516(c)(2).
(b)
Building
Permits.
No construction shall be undertaken without
a building permit. Each application for a building permit shall be
accompanied by a plat, drawn to scale, showing actual dimensions of
the lot to be built upon; the size, shape and location of the building
to be erected, and such other information as may be necessary to provide
for the enforcement of this article. A record of applications and
plats shall be kept in the office of the Building Inspector. Any building
permit shall be valid for a period of 12 months after issuance. Any
person failing to commence construction within said 12 months period
after issuance of the building permit shall be required to reapply
to the Building Inspector for the issuance of a new building permit
prior to commencing construction.
(Ordinance 635, sec. 20, adopted 11/17/81)
(a)
Any person, land owner, building owner or occupant, who shall violate any o£ the provisions of this article or who shall fail to comply with any of the provisions of this article or who shall build, alter, or occupy any building, structure or land in violation of any statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and upon conviction thereof shall be fined as provided for in the general penalty provision found in Section 1.106 of this code. Each day such violation is committed or permitted to continue, shall constitute a separate offense, and shall be punishable as such hereunder.
(b)
The owner or owners of any building or property or part thereof where anything in violation of this article shall be caused to exist, and any architect, building contractor, agent, attorney, person, firm, or corporation employed in connection therewith and who have assisted in the commission of such violation, shall be guilty of a separate offense, and upon conviction thereof, shall be fined as provided for in the general penalty provision found in Section 1.106 of this code.
(c)
In addition to the remedies provided for in subsections (a) and (b) of this section, the Administrator may, in case any building or structures are erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this article, institute on behalf of the City of Levelland any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent any illegal act, conduct business or use in or about such premises.
(Ordinance 635, sec. 21, adopted 11/17/81)
By the passage of this article no presently illegal use shall
be deemed to have been legalized, unless specifically such use falls
within a use district where the actual use is a conforming use. Otherwise,
such uses shall remain nonconforming uses, where recognized, or an
illegal use as the case may be. It is further the intent and declared
purpose of this article that no offense committed and no liability,
penalty of forfeiture, either civil or criminal, incurred prior to
the time the zoning regulations and Map adopted, shall be discharged
or Affected by such repeal; but prosecutions and suits for such offenses,
liabilities, penalties, or forfeitures may be instituted or cause
presently pending proceed in all respects as if such prior ordinance
had not been repealed.
(Ordinance 635, sec. 22, adopted 11/17/81)
