The zoning regulations and districts as herein established have
been prepared in accordance with a comprehensive plan for the purpose
of promoting the health, safety, morals and general welfare of the
inhabitants of the city, and have been made with consideration to
the character of the respective districts and the peculiar suitability
of each for particular uses with the view of conserving the value
of buildings and encouraging the most appropriate use of land throughout
the city, and best promoting the health, safety, morals and general
welfare of its inhabitants.
(Ordinance O-01-15 adopted 1/20/15)
Certain words in this article are defined as follows:
An accessory building is a small detached building such as
a garage, servant’s house, greenhouse or storehouse used in
connection with the main building and located upon the same lot as
the main building.
An accessory use is a use subordinate to and incidental to
the primary use of the main building or to the primary use of the
premises.
Alcoholic beverages means alcohol, or any beverage containing
more than one-half of 1% of alcohol by volume which is capable of
use for beverage purposes either alone or when diluted and includes
but is not limited to wine, whiskey, rum, brandy, gin, or any liquor
produced in whole or in part by the process of distillation, including
all dilutions or mixtures of them, ale, malt liquor, tequila, mescal,
habanero, barreteago, wine and vinous liquor and beer and any mixed
beverage composed in whole or part of an alcohol beverage in a sealed
or unsealed container of any legal size, as each of the above terms
are defined by the Alcoholic Beverage Code of the State of Texas;
definitions of which are incorporated herein and made part hereof
just as though the definitions were copied verbatim at this point.
An alley is a public thoroughfare not over twenty (20) feet
in width.
An apartment is a unit within an apartment house in which
one family lives.
An apartment house is a dwelling containing accommodations
for three (3) or more families living independently of each other
for which rent is paid.
A boarding house is a dwelling in which both food and lodging
may be obtained for payment.
A building is a structure enclosing a space within walls
or covered with a roof.
The commission is the city planning and zoning commission
of Lamesa, Texas.
Shipping container fabricated into a living quarters.
The council is the city council of Lamesa, Texas.
The depth of a lot is the mean horizontal distance between
the front and rear lot lines.
A district is a section of the City of Lamesa for which the
regulations governing the areas, heights or uses of buildings or lots
are uniform.
A dwelling is a building in which a person or persons reside.
A multiple dwelling is a building having accommodations for
three (3) or more families living independently of each other.
A single-family dwelling is a detached building having accommodations
for only one family.
A two-family dwelling is a detached building having separate
accommodations for only two (2) families.
A family is one person living alone or a group of persons
related by blood, marriage or adoption occupying a living unit as
an individual housekeeping organization.
The square feet of all floor space within the outside line
of walls and including the total of all space on all floors of a building.
It does not include porches, garages, or space in a basement or cellar
not used for dwelling purposes.
A private garage is a building with a capacity for not more
than five (5) motor-driven vehicles for private storage only.
A public garage is a building used for housing motor-driven
vehicles while vehicles are repaired for operation, or kept for pay,
hire or sale.
A storage garage is a building except those defined as a
private or public garage, used for the storage of automobiles.
Height is the vertical distance between the established grade
line at the street lot line and the highest point of the roof’s
surface if a flat surface, to the deck line of mansard roofs; and
to the mean height level between eaves and ridge for hip and gable
roofs. If there is not an established grade line at the street lot
line, then the measurement is taken from the average natural ground
level. In measuring the height of a building, the following structures
are excluded: chimneys, cooling towers, elevator bulkheads, tanks,
water towers, radio and TV towers, ornamental cupolas, domes, spires,
signs and parapet walls.
A home occupation is an accessory use of a dwelling unit,
conducted entirely within the dwelling unit or in an accessory building
on the premises, carried on by one or more persons, all of whom reside
within the dwelling unit, and where no persons are employed other
than resident or domestic help, provided that:
The use is clearly incidental and secondary to the use of the
dwelling for residence purposes and does not change the character
thereof or adversely affect the uses permitted in the residential
district of which it is a part;
There shall be no outside storage of any kind; and that any
indoor storage, construction, alterations, or electrical or mechanical
equipment used shall not change the fire rating of the structure;
The use may increase vehicular traffic flow and parking by no
more than one additional vehicle at any one time, and shall not involve
the use of more than one commercial vehicle for delivery of materials
to or from the premises, or the parking of same on or adjacent to
the property;
No more than one room or twenty-five (25) percent of the gross
area of one floor of said residence, whichever is less, shall be used
for such purpose. Use of accessory buildings for these purposes is
prohibited, except for storage. Such accessory storage buildings shall
be limited to one structure of no more than 120 square feet in area;
No use shall create noise, dust, vibration, smell, smoke, glare,
electrical interference, fire hazard, or any other hazard or nuisance
to any greater or more frequent extent than that usually experienced
in an average residential occupancy in the district in question under
normal circumstances wherein no home occupation exists; and
There shall be no change in the outside appearance of the building
or premises, either by the use of colors, materials, construction,
lighting, or other visible evidence of the conduct of such home occupation
other than one sign, not exceeding six (6) square feet in area, non-illuminated,
and mounted flat against the wall of the principal building; and
No stock in trade shall be displayed where it is visible from
outside of the premises.
The following occupations may be conditionally considered as
home occupations:
Auto repair as a home occupation; provided that:
No accessory buildings may be constructed which would be contrary
to the provisions of this code;
No more than one automobile be repaired on the site at any one
time;
Such repair work must be confined to an enclosed garage or a
driveway;
Such repair work must be confined to the hours between 8:00
a.m. and 10:00 p.m.; and
All other provisions governing home occupations be complied
with.
Home beauty shop, where one or more members of a family engage
in the business practice or the trade of hair dressing or cosmetology
under a license issued by the state, within a residential dwelling;
provided that:
The home beauty shop comply with the provisions governing customary
home occupations, except that such building modifications may be made
to comply with the requirements of state law;
In relation to the services rendered as a home beauty shop no
more than one operator’s chair, three (3) dryers and one sink
be utilized and installed within the area of the residential dwelling
devoted to this purpose; and
All provisions of state law governing the layout and equipment
of such an establishment shall be complied with.
Day nurseries or babysitting facilities, unlicensed or licensed
by the state, provided that the residence is owner occupied and providing
care for not more than six (6) children under 14 years of age for
less than 24 hours a day, and that no one from outside the home is
employed, and that all other provisions governing customary home occupations
are complied with.
Foster home, provided that the residence is owner occupied and
not more than six (6) children are kept at any one time.
A hotel is a building used for temporary occupancy by persons
traveling in which the parking is not in close proximity to the rooms.
An interior court is a space which is uncovered but which
is partly or wholly enclosed by buildings or walls.
A living unit is a room or rooms occupied by a family and
includes a kitchen, toilet, and bath facilities.
A lodging house is a building in which a room may be rented
for permanent occupancy but which has no facilities for cooking meals.
A lot is a parcel of property as is shown on recorded plats
or a legal description describing a particular parcel of land within
the city.
A corner lot is a lot situated at the junction of two (2)
or more streets.
A lot line is the line bounding a lot.
A structure, building assembly or system of subassemblies
manufactured for installation or erection as a finished building or
as part of a finished building, which shall include, residential,
commercial, institutional, storage, and industrial structures. The
term includes buildings not intended for human habitation such as
lawn storage buildings and storage sheds manufactured and assembled
off site.
A manufactured home or mobile home within the meaning of this article and the code adopted hereby shall be the same as defined in article 3.06 of this code relating to manufactured home standards.
A sectionalized prefabricated building or house consisting
of one or more sections or modules, constructed off site and delivered
for installation.
A motel is a building or group of buildings with three (3)
or more quarters to be used for temporary occupancy by persons traveling
by automobiles and have accommodations for parking the automobiles
in close proximity to the quarters occupied by the owner of the automobile.
A nonconforming use exists when a building is occupied by
or devoted to a use that does not conform to the regulations of the
use district in which it is situated.
An office building is a building designed for the office
of professional, commercial, industrial, religious, public or semi-public
uses or organizations provided that no goods, wares or merchandise
are prepared or sold on the premises.
A parking space is an area on a lot sufficient in size to
store one automobile (not less than nine (9) feet wide and twenty
(20) feet long) connected to a public street or alley by a driveway
not less than ten (10) feet wide and so arranged as to permit ingress
and egress of the automobile at all times without moving any other
automobile parked adjacent to the parking space.
A person includes but is not limited to any natural person,
partnership, corporation, organization, association and any legal
entity capable of owning or using land. A person includes both the
male and female genders and includes both the singular and plural
number.
A place is an open unoccupied space reserved for purposes
of access to abutting property.
A private club is a group of individuals, consisting of at
least three (3), who have associated themselves together by agreement
or organization, for the purpose of carrying on some lawful endeavor.
The ultimate control of the private club must be in its members, with
each member having an equal vote; a private club shall also mean any
club, whether registered with the State of Texas or not, with a membership
of one or more persons that stores, possesses, or mixes on the club
premises any alcoholic beverage and/or serves for on-premises consumption
alcoholic beverages by the drink in sealed, unsealed or broken containers.
A public building is a building owned or used exclusively
by the city, county, state or federal governments.
A structure or structures not to exceed twenty-five feet
(25') in height, intended or used for rental to the public for the
storage of nonhazardous personal property; and complying with the
following provisions:
Outside storage of any type shall be prohibited, except:
For recreational vehicles and boats; and
That all outside storage areas shall be behind a screening fence
on all sides of the area six (6) feet in height; property shall not
be stored to exceed the height of the screening fence; all storage
areas and fencing shall conform with all applicable setback distances
for the real estate; and
No person shall occupy or use any recreational vehicle or boat
stored on the premises as living or sleeping quarters; and
When any such proposed use is adjacent to any residentially
zoned district, on either side or to the rear, even if separated by
a street or alley, the following conditions shall apply:
A six (6) foot solid screening fence shall be installed and
permanently maintained. A solid wall of a building shall constitute
adequate screening;
The maximum building height shall not exceed that of adjacent
residential buildings; and
The minimum front yard and side yard building setbacks shall
conform to existing residential buildings in the block and shall otherwise
conform to the setback requirements for zone R-1.
A private stable is a stable with a capacity less than four
(4) horses, mules or other domestic animals.
A public stable is a stable with a capacity for four (4)
or more horses, mules or other domestic animals.
A story is the portion of a building between the surface
of any floor and the surface of the floor next above or the space
between the floor and the ceiling.
A half story is an attic under a gabled or hipped roof with
wall plates not more than two (2) feet above the finished floor of
the attic.
A street is a public thoroughfare more than twenty (20) feet
wide.
A structural alteration is any change in the supporting members
of a building, such as bearing walls, columns, beams or girders.
A structure is anything which is constructed, including but
not limited to, any building, tower, concrete work or post.
A camping trailer is a living unit built and fabricated as
a mobile home, but not designed for long-term occupancy, and less
than thirty-five (35) feet in length and ten (10) feet in width.
A yard is an open space on the same lot as a building; unoccupied
and unobstructed by a structure. Yard width or depth is the shortest
horizontal distance from a lot line to the main building.
Front yard.
The area from one side lot line to the other side lot line
and between the main building and the street on which the lot fronts.
On corner lots, the front yard faces the shortest street dimension
of the lot except that if the lot is square or almost square, i.e.
has dimensions in a ratio of from 3.2 to 3.3 then the front yard may
face either street.
Rear yard.
The rear yard is the area from one side lot line to the other
side lot line and from the main building to the rear lot line. The
rear yard is on the opposite end of the lot from the front yard.
Side yard.
The area from the front yard line to the rear yard line and
from the main building to a side lot line is called the side yard.
(Ordinance O-01-15 adopted 1/20/15)
The building inspector shall administer and enforce this article.
(Ordinance O-01-15 adopted 1/20/15)
Boundaries of the districts referred to in section 14.03.051 of this article are established and adopted as shown on the attached map. This map is the “zoning map,” and the zoning map and all notations, references, and information thereon are part of this article.
(1)
Zoning map filed.
The city secretary shall keep on file
in his office an original zoning map showing all the changes, amendments
or additions. The building inspector shall keep in his office duplicate
copies of the zoning map showing all the changes, amendments or additions.
(2)
Determining boundaries.
If definite distances in feet
are not shown on the zoning map, and if the exact location of the
district boundary lines are not certain, but it is intended that the
district boundary lines were to be along existing street, alley or
platted lot lines, the building inspector may determine the location
of the district boundaries. If any streets and alleys on the ground
differ from the streets and alleys shown on the zoning map, the building
inspector may apply the district designations on the map to the streets
or alleys on the ground in a manner as to conform to the intent and
purposes of this article.
(3)
Vacated streets or alleys.
If any street is vacated,
the particular zoning applying to the property abutting on that street
or alley is extended to the centerline of the vacated street or alley.
(Ordinance O-01-15 adopted 1/20/15)
(a)
Violation is misdemeanor.
Any person who violates any
of the provisions of this article is guilty of a misdemeanor. A person
upon conviction shall be fined in a sum not to exceed one thousand
dollars ($1,000.00). Each day the violation is continued, or is allowed
to continue to exist is a separate offense.
(b)
Violators.
The owner or owners of any building or property
or part thereof where any thing in violation of this article shall
be placed or shall exist, any architect, builder, contractor, agent,
attorney, person, firm or corporation employed in connection therewith
and who have assisted in the commission of the violation, are guilty
of a separate offense, and on conviction thereof, they shall be fined
in an amount not to exceed one thousand dollars ($1,000.00).
(c)
Other corrective measures.
The building inspector may
also, in case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure
or land is used in violation of this ordinance, institute appropriate
action to prevent unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance, or use to restrain, correct,
or abate the violation, to prevent the illegal act, conduct, business,
or use in or about the premises.
(1998 Code, sec. 23.005)
(a)
Effect of invalidity.
If any section, paragraph, sentence,
clause, phrase, or word of this article is adjudged by any court of
competent jurisdiction to be invalid, that invalidity shall not affect,
impair or invalidate the remainder of this article.
(b)
Effect on pending cases.
The provisions of this article
do not apply to cases pending in the courts of this state at the time
this article becomes effective.
(1998 Code, sec. 23.006)
