This article shall be known as “The City of Eastland Zoning
Ordinance.”
(Ordinance 18-844, art. I, sec.
1, adopted 1/22/19)
For the purpose of this article, certain terms and words are
hereby defined. Words used in the present tense shall include the
future; the singular number shall include the plural and the plural
the singular; the word “building” shall include the word
“structure”; and the word “shall” is mandatory
and not directory.
Having lot lines or boundary lines in common or structures
that touch or lie adjacent to each other.
A subordinate building located on the same lot as the primary
building the activity of which is clearly integral to the permitted
use of the main building.
An accessory use or building that is a subordinate use or
building customarily incidental or appropriate to and located on the
same lot occupied by the main use or building.
Any place, home, or institution which receives three or more
adults over the age of eighteen years who need care or supervision
due to a physical disability or functional impairment; for care apart
from their legal guardians or custodians, when received for regular
periods of time, for less than twenty-four continuous hours, for compensation.
Adult day care may include personal care, nursing services, supervision,
meal preparation, and transportation.
See “Sexually oriented business (SOB).”
A public thoroughfare which affords a secondary means of
access to abutting property.
Any lot, tract, or parcel of land, or any improvement thereon,
either temporary or permanent, used in whole or in part for the operation
and maintenance of any game of skill or chance, any circus, carnival,
any riding devices, stationary or mobile, or any combination thereof,
any of which is operated for profit or nonprofit purposes.
An office or group of offices and accompanying facilities
for one or more veterinarians engaged in treating diseases or injuries
of domestic animals and livestock.
Any area for quartering any ungulate or hoofed animals including,
but not limited to, the following animals: horses, cows, sheep, goats,
etc.
A room or suite of rooms intended, designed or used as a
residence by a single family. Also see “Dwelling, multi-family.”
See “Dwelling, multi-family.”
The square foot area of acreage of a lot within the bounding
property lines and exclusive of dedicated streets and alleys.
The regulations controlling minimum lot area, width, depth,
front, side, external side, and rear yards.
An establishment that furnishes, in one or more buildings,
food, and lodging to individuals who have contracted with the owner
of the establishment; and provides personal care services; and in
addition, provides minor treatment or services which meets some need
beyond the provision of food, shelter, and laundry. Assisted care
shall not mean full-time nursing care.
Having one or more walls common to a primary building, or
joined to a primary building by a covered porch or passageway, the
roof of which is a part or extension of a primary building.
A self-propelled mechanical vehicle designed for use on streets
and highways for the conveyance of goods and persons including but
not limited to the following: passenger cars, trucks and vans (1 ton
GVW or less), motor scooters, motorcycles, and sports utility vehicles.
A building and its premises where motor vehicles undergo
body repair and painting. This does not include permanent vehicle
storage or mechanical repair except that a vehicle being repaired
may be stored on the premises for a period not to exceed one hundred
twenty (120) days while repairs related to the damage are performed.
A building and its premises where motor vehicles undergo
repairs and maintenance. This does not include permanent vehicle storage
except that a vehicle being repaired may be stored on the premises
for a period not to exceed one hundred twenty (120) days.
A lot or portion thereof to be used only for the purchase,
trade, display, and sale of automobiles that are in condition to be
driven on or off the lot, under their own power. These facilities
are not to be used for the outside storage or open display of:
An area outside of a building where motor vehicles are disassembled,
dismantled, junked or “wrecked,” or where motor vehicles
not in operable condition or used parts of motor vehicles are stored.
Any area of land, including structures thereon, that is used
for the sale of gasoline, oil or other fuels, and automobile accessories;
which may include facilities for lubricating, washing, cleaning, minor
mechanical repair, and other normal servicing of automobiles.
A place where baked goods are made or sold.
The flood having a one percent chance of being equaled or
exceeded in any given year.
A story having part but not more than one-half (1/2) of its
height above grade and used for storage, garages for use of occupants
of the building, janitor or watchman quarters, or utilities common
for the rest of the building. A basement used for the above purposes
shall not be counted as a story.
A dwelling, other than a hotel or motel, occupied as a permanent
residence by an owner or renter which for compensation and by prearrangement
for definite periods, meals, or lodging and meals, are provided for
three (3) or more persons, but not exceeding twenty (20) persons.
See “Off-premise sign” or “Outdoor advertising
sign.”
A tract of land bounded by public highways, streets, shoreline
of waterways, railway rights-of-way, public parks, cemeteries, or
boundary lines of municipalities, or a combination thereof. A part
of a legal description as continued [contained] in an approved plat.
The board of adjustment of the City of Eastland, as created by this article and appointed by the city commission. The composition, powers, and duties of the board of adjustment are set forth in section 19-39 of this article.
A building other than a hotel or motel where, for compensation
and by arrangement, meals and/or lodging are provided for three (3)
or more unrelated persons, but not exceeding twenty (20) persons.
(Also referred to as “rooming house.”)
See “Studio, tattoo or body piercing.”
Any structure intended for business, shelter, housing or
enclosure of persons, animals, movable property including household
goods, inventory, records, furniture, fixtures, and equipment. When
separated by dividing walls without openings, each portion of such
structure so separated will be deemed a separate structure.
That portion of a lot upon which buildings may be placed,
excluding required yards, setback lines and limited by the maximum
building coverage as specified for each zoning district.
The percentage of the lot area covered by the building, excluding
all overhanging roofs.
See “Height.”
A line defining an area on the building lot between the street
right-of-way or property line and the building line within which no
building shall be constructed, encroach, or project except as specifically
authorized in an adopted ordinance of the city.
A facility designed primarily for washing automobiles, not
including trucks or heavy machinery as defined in this article.
A roofed structure open on two (2) sides when attached to
a dwelling and open on three (3) or more sides when detached from
a dwelling, covered with a roof supported by structural steel, wood
columns, or masonry piers.
Any place, home or institution which receives three or more
children under the age of sixteen years, for care apart from their
natural parents, legal guardians or custodians for regular periods
of time for compensation. However, this definition does not include
public and private schools organized, operated or approved under the
laws of Texas, custody of children fixed by a court of appropriate
jurisdiction, children related by blood or marriage within the third
degree of the custodial person, or to churches or other religious
or public institutions caring for children within the institutional
building while their parents or legal guardians are attending services
or meetings or classes or engaged in church activities. Registered
family home: Six (6) or fewer children plus six (6) or fewer siblings
after school hours. Group day-care home: Seven (7) to twelve (12)
children. Day-care center: Twelve (12) or more children.
A child care facility, which provides care for more than
12 children for longer than a 24-hour period. This does not include
specialized treatment programs such as that offered by an emergency
shelter, therapeutic camp, residential treatment center, halfway house,
or institution serving mentally ill or retarded children.
The City of Eastland, Texas.
The governing body of the City of Eastland, Texas.
An office or group of offices for one or more physicians,
dentists, or health care professionals engaged in treating the sick
or injured, but not including rooms for the abiding of patients.
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for a social, educational,
or recreational purpose, but not primarily for profit or to render
a service which is customarily carried on as a business.
A building or portion thereof on [or] premises owned or operated
by a corporation, association, person or persons for a social, educational,
or recreational purpose whose membership is exclusive as determined
by dues or other compensation and where alcoholic beverages may or
may not be sold and consumed on-premises.
A dwelling for not more than six disabled persons, regardless
of their legal relationship to one another, and having no more than
two supervisory personnel residing in the home at the same time as
provided, mandated and defined in Texas Human Resources statute chapter
123 (Community Homes for Disabled Persons Location Act).
A use allowed in a zoning district only if a “specific
use permit” is granted by the board of adjustment.
A structure constructed for the primary use of transporting
goods by ship, rail, or truck. Container use is permitted as a temporary
accessory building within the city limits for a period not to exceed
90 days.
An institution, licensed by the State of Texas, where persons
suffering from generally permanent types of illness, injury, deformity,
deficiency, or age are given care and treatment on a prolonged or
permanent basis.
Any area of land including the structures thereon (except
that the primary building shall not exceed 2250 square feet) that
is used to provide goods and services to a neighborhood including
food products, snacks, newspapers, household cleaning supplies, paper
goods, lottery tickets, and gasoline.
A lot having lot lines formed by the intersection of two
streets, whether public or private; where the interior angle of such
intersection is less than 135 degrees shall be considered a corner.
The percent of lot area, which is covered by a roof, floor,
or other structure and is not open to the sky. Roof eaves to the extent
of two (2) feet and ordinary projections from the building not exceeding
twelve (12) inches shall not be counted in computing coverage.
See “Child care facility.”
See “Pre-school or day nursery.”
The relationship of dwelling units or rooms to the area of
the lot or tract upon which a residential structure is located or
erected.
The mean horizontal distance between the front and rear lot
lines.
Fully separated from any other building.
A person whose ability to care for himself, perform manual
tasks, learn, work, walk, see, hear, speak, or their breathing is
substantially limited, or as may be defined by the Americans with
Disabilities Act (ADA) and federal or state ADA standards.
A lot having frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
Any establishment where food, and/or non-alcoholic beverages
are served to the consumers. Motor vehicle parking spaces are provided
where patrons may be served in their respective vehicles or inside
the establishment.
Any attended or unattended building or portion thereof, available
to the general public for the purpose of washing, drying, extracting
moisture from, or dry cleaning wearing apparel, cloth, fabrics, and
textiles of any kind by means of a mechanical appliance(s).
Any building or portion thereof, which is designed and used
exclusively for residential purposes.
A single dwelling unit in a multi-unit dwelling or structure,
which is separately owned and which may be conveyed with an undivided
interest in the common areas and facilities of the property.
A building designed for or occupied exclusively by two (2)
families.
(See “Manufactured housing.”)
(See “Manufactured housing.”)
A building having accommodations for five or more families
living independently of each other. This excludes recreational vehicle
camps, hotels, motels, or resort facilities. Occupancy is restricted
to one family per unit.
A building having accommodations for and occupied exclusively
by one family.
A single-family dwelling which is attached to one or more
similar dwellings by a common firewall or firewalls, interior to both,
and which in combination with said attached dwellings constitutes
an architectural whole, on a separate lot, having its principal frontage
on a street. Such dwelling units when so constructed may be under
separate ownership.
An interest in land granted to the city or other governmental
entity, to the public generally, and/or to a private utility corporation
for access to the back or the side of properties otherwise abutting
on a street.
A sign whose informational content can be changed or altered
on a fixed display screen composed of electrically illuminated segments,
including LED (light emitting diode) signs, television screens, plasma
screens, video boards, or other digital signs.
See “Height.”
A single individual or two or more persons related by blood
or marriage, including adopted children, or a group of no more than
four (4) individuals who are unrelated by blood, legal adoption, marriage
or conservatorship.
A facility that regularly provides care in the caretaker’s
own residence for not more than six children under 14 years of age,
excluding the caretaker’s own children, and that provides care
after school hours for not more than six additional elementary school
siblings of the other children given care. However, the number of
children, including the caretaker’s own, provided care at such
facility shall not exceed 12 at any given time. No outside employment
is allowed at the facility. This facility shall conform to chapter
42 of the Human Resources Code of the State of Texas, as amended,
and in accordance with such standards as may be promulgated by the
Texas Health and Human Services Commission.
Confined areas where cattle or other livestock are held for
extended periods of time for the purposes of weight increase by feeding
of high percentage grain feed.
Means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
Means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
Means any land area susceptible to being inundated by water
from any source (see definition of “Flood or flooding”).
Means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than a designated height.
The total floor area within a building devoted or intended
to be devoted to a particular use, with structural headroom of seven
feet or more, whether above or below the finished lot grade, including
basements, penthouses, attic space providing headroom of seven feet
or more, interior balconies, mezzanines, and enclosed covered porches.
The ratio between the total square feet of floor area and
the total square feet of land in the lot.
A licensed residential operation providing full-time parental
care for six or fewer children up to the age of 18 years, for which
reimbursement or fee is received for any one or more of the children
in return for such services. This use must comply with statutory licensing
requirements.
A facility or area providing full-time parental and/or residential
care for seven to twelve children up to the age of 18 years for which
reimbursement or fee is received for any one or more of the children
in return for such services. This facility must comply with statutory
licensing requirements, retain compatibility with its residential
surroundings and may not be located closer than one-half mile from
another foster group home. The measurement of distance between facilities
shall be along the property lines of the street fronts and from front
door to front door, and in direct line across intersections.
A building occupied and maintained by a social club, organization,
or an association. The building may have meeting facilities for the
members and offices or headquarters for the organization.
A social club or an association having meeting facilities
for the members. A fraternity or sorority house may have dormitory
facilities for its members. Any such fraternity or sorority house
shall be deemed a rooming house or boarding house, depending upon
the circumstances in each instance.
Linear measurement of property adjacent to a street that
lies between the property lines running perpendicular to the street.
A dwelling unit for one family attached to a private garage.
An accessory building designed or used for the storage of
not more than four (4) motor-driven vehicles owned and used by the
occupants of the building to which it is accessory. Not more than
one (1) of the vehicles may be a commercial vehicle of not more than
two (2) ton capacity.
A building or portion thereof, other than a private or storage
garage, designed or used for equipping, servicing, repairing, leasing,
or storing motor-driven vehicles.
A building of [or] portion thereof designed or used exclusively
for team storage by prearrangement of motor-driven vehicles, and in
which motor fuels and oils may be sold, but no motor-driven vehicles
are equipped, repaired, leased, or sold.
The average elevation of the highest and lowest elevation
measured at the finished surface of the ground at any of the exterior
edge of the building or structure.
A designated area of land where grass, turf, ground cover,
trees, shrubs, etc. are maintained.
A retail establishment selling meats, fruits, vegetables,
bakery and dairy products, and similar items for off-premises consumption
only.
The number of lots, dwelling units, or persons located within
the total acreage of a residential area.
See “Institutional care facility.”
Any retail establishment open to the public that presents,
displays, or offers for sale paraphernalia, items, equipment, or products
commonly used, intended to be used, or commonly known to be used,
for the ingestion, inhalation, preparation, or injection of illegal
substances, to include any device which has been fabricated, constructed,
altered, adjusted, or marked especially for use in the smoking or
ingestion of marijuana, hashish, cocaine, methamphetamine, any other
“controlled substance,” “controlled substance analogue,”
“synthetic controlled substance,” or substance or chemical
that mimics the effect of THC such as synthetic cannabinoids or other
controlled substances, or any other substance that violates local,
state, or federal law, and is adapted to that purpose by virtue of
a distinctive feature or combination of features associated with drug
paraphernalia, notwithstanding that it might also be possible to use
the device for some other purpose. (Not permitted within the city.)
A mechanical vehicle (self-propelled or otherwise), whose
primary use, is in connection with construction, farming, etc. and
is not designed for use on streets or highways.
The vertical distance measured from grade to (a) the highest
point of any flat roof surface; (b) to the top deck line of mansard
roofs; or (c) to the mean height level between eaves and ridge for
hip and gable roofs; or (d) to the top of any elevator, penthouse,
or bulkhead, mechanical equipment room, cooling tower, tank, ornamental
dome, or other structures erected on the roof of a building.
An occupation carried on in a dwelling unit, or in an accessory
building to a dwelling unit, by a resident of the premises, which
occupation is clearly incidental and secondary to the use of the premises
for residential purposes.
An institution, licensed by the State of Texas, providing
health services primarily for human inpatient, medical or surgical
care for the sick or injured and including related facilities, including
but not limited to laboratories, outpatient departments, training
facilities, central service facilities, and staff offices, which are
all integral part(s) of the facilities. Said treatment is intended
to restore them to health and an active life.
See “Motel.”
A transitional living facility, licensed by the state or
federal government, for the purpose of learning the skills necessary
to integrate into society for persons with physical, mental or emotional
disabilities, persons in recovery after drug or alcohol addiction
treatment, or persons who have been incarcerated in a correctional
facility.
A place where waste, discarded or salvaged materials are
brought, sold, exchanged, baled, packed, disassembled, or handled,
including house wrecking yards, used lumber yards, and places or yards
for storage of salvaged materials and equipment; but not including
auto wrecking yards, pawn shops and establishments for the sale, purchase
or storage of used furniture and household equipment when conducted
entirely within a completely enclosed building, and sale of used cars
in operable condition.
Any place where more than four (4) dogs or more than four
(4) cats, or any combination of cats and dogs where the total exceeds
four (4) animals over the age of ten (10) weeks, and where said animals
are raised, trained, boarded, harbored or kept.
A facility operated for the primary purpose of performing
medical, dental, or optical research, testing and analytical work,
having a direct relationship to the provision of health services.
An establishment providing house type washing, drying or
ironing machines for hire to be used by customers on the premises.
A space within the main building or on the same lot therewith,
providing for the standing, loading or unloading of trucks, and having
a minimum dimension of twelve (12) by thirty-five (35) feet and a
vertical clearance of at least fourteen (14) feet.
A building or place where lodging is provided, or is equipped
to provide lodging regularly, by prearrangement for definite periods,
for three (3) or more persons in contrast to hotels that are open
to transients.
Any tract or parcel of land occupied by one (1) building
or a group of buildings and its accessory buildings including such
open space as is required by ordinance of the city and having its
principal frontage upon a public street or officially approved place.
The total horizontal area included within lot lines.
See “Corner lot.”
The average distance from the street line of the lot to its
rear lot line, measured in the general direction of the side lines
of the lot line.
See “Double frontage.”
A lot other than a corner lot.
The lines bounding a tract or parcel of land described by
a metes and bounds description of the exterior boundaries of a particular
tract or parcel of land.
Any lot which is part of a subdivision, the plat of which
has been recorded in the office of the county clerk of Eastland County,
Texas.
The horizontal distance between the side lot lines of a lot,
located at the building front setback line, measured as a straight
line.
Any development site, parcel or tract of land under single
ownership designed, maintained or intended to be used for the purpose
of providing long-term occupancy of more than thirty (30) days for
the placement of two (2) or more manufactured homes, including all
buildings used or maintained or [for] the use of the residents of
the development. This term is not to be used in conjunction with any
manufactured home or trailer sales lots, which contain unoccupied
units that are intended for purposes of inspection and sale.
Any one of three types of prefabricated housing products
which are typically manufactured/assembled at a location other than
the end user’s permanent site, and which are regulated by the
Texas Manufactured Housing Standards Act (chapter 1201, Texas Occupations
Code). For the purpose of this article, there are three types of manufactured
homes:
Mobile home.
A structure constructed before June 15, 1976, which is built
on a permanent chassis and designed for use as a dwelling with or
without a permanent foundation when the structure is connected to
the required utilities, and, when in traveling mode, at least eight
body feet in width or at least 40 body feet in length or, when erected
on-site, at least 320 square feet. (Not permitted within the city.)
Manufactured home or HUD-code manufactured home.
A structure constructed on or after June 15, 1976, according
to the rules of the United States Department of Housing and Urban
Development, which is built on a permanent chassis and designed for
use as a dwelling with or without a permanent foundation when the
structure is connected to the required utilities, transportable in
one or more sections, and, when in traveling mode, at least eight
body feet in width or at least 40 body feet in length or, when erected
on-site, at least 320 square feet.
Modular home (also called industrialized home or modular prefabricated
structure).
A structure or building module as defined under the jurisdiction
and control of the Texas Department of Licensing and Regulation, that
is transportable in one or more sections on a temporary chassis or
other conveyance device, and that is designed to be installed, and
used by a consumer as a fixed residence on a permanent foundation
system. The term includes the plumbing, heating, air conditioning
and electrical systems contained in the structure. The term does not
include mobile homes or HUD-code manufactured homes as defined in
the Texas Manufactured Housing Standards Act (chapter 1201, Texas
Occupations Code). Industrialized homes must meet all applicable local
codes and zoning regulations that pertain to construction of traditional
site-constructed (“stick built”) homes.
Masonry construction is that form of construction composed
of stone which is at least 1" in diameter, brick, concrete, structural
clay tile, concrete split-face design block materials or combination
of these materials laid up unit by unit and set in mortar. Concrete
tilt wall, pour-in-place concrete wall and pre-cast wall panel construction
will be considered masonry-like construction and shall have an architectural
exterior finish. Masonry or masonry-like construction shall be at
least two (2) inches thick.
See “Manufactured housing.”
See “Manufactured housing.”
A building or group of buildings under single ownership containing
six (6) or more sleeping rooms, in which there are: (a) guest rooms
for living or sleeping accommodations which are primarily for transient
occupancy and which may be rented on a daily basis; and (b) desk or
lobby service, telephone, maid, linen room, and similar services.
Guest rooms may have individual entrances.
The number of lots, dwelling units, or persons located within
the total acreage of residential area, exclusive of street right-of-way,
easements, nonresidential land use sites, and acreage unsuitable for
development.
A structure or tract of land which does not conform to the
regulations of the zoning district in which it is situated.
A structure or tract of land occupied by a land use activity
that does not conform to the regulations of the zoning district where
it is located.
See “Convalescent, nursing, or long-term care facility.”
See “Outdoor advertising sign.”
An area on a lot that is open and unobstructed to the sky
except for the ordinary projections of cornices and eaves.
Open storage of products or materials: The keeping in an
unroofed area of new or used goods, merchandise, or any materials
used in the production, repair or replacement of goods related to
the principal business activity of the property on which the open
storage occurs. The term “open storage” shall not apply
to primary uses, which customarily have open storage, such as automotive
sales. Outside display of goods: The display of any product, or item,
offered for sale by the occupant of the main use of the property on
which the display of goods occurs, in plain view of the public without
screening, provided such display meets all of the following conditions:
The area used shall not be greater than ten (10) percent of
the gross floor area of the establishment maintaining such display;
Items may not occupy any required parking areas;
Items may not be displayed in any required front, side, or rear
yard setback or public right-of-way;
Items may not obstruct vision sight lines from any public right-of-way
or driveway, or be located in any required sight visibility easements.
A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or noncommercial
messages not appurtenant to the use of, products sold on, or the sale
or lease of, the property on which it is displayed.
A surfaced area of not less than one hundred sixty-two (162) square feet exclusive of driveways permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway, which affords satisfactory ingress and egress for automobiles. For purposes of this article, the size of a parking space for one vehicle shall be accordance with section 19-15 of this article.
PUD may be defined as: (a) land under unified control planned
and developed as a whole; (b) in a single development operation or
a definitely programmed series of operations including all land and
buildings; (c) for principal and accessory uses to comprehensive detail
plans which include streets, utilities, lots, building sites, site
plans, floor plans, and elevations for all buildings as intended to
be located, constructed, used, and related to each other.
A board, appointed by the city council as an advisory body,
authorized to recommend changes in the zoning and other planning functions
as delegated by the city council. Also referred to as the “P&Z
board.”
A roofed space open on up to three (3) sides, one (1) or
more stories in height.
A school for children of pre-public school age in which constructive
endeavors, object lessons, and helpful games are prominent features
of the curriculum.
A building in which the primary activity associated with
the lot is conducted. In any residential district, any dwelling will
be the primary building.
A vehicle, towed or self-propelled, on its own chassis or
attached to the chassis of another vehicle, and designed or used for
temporary dwelling, recreational or sporting purposes. This includes,
but is [shall] not be limited to, travel trailers, pick-up campers,
camping trailers, motor homes, converted trucks and buses, boats.
Any development, site, parcel or tract of land designed,
maintained or intended to be used for the purpose of providing short-term
occupancy of camper vehicles, recreational vehicles, tents, or trailers.
Containers that are recognized and utilized by the city or
the city’s refuse collection service, that are used to temporarily
store trash and refuse on a lot until a refuse collection truck empties
them (including, but not limited to metal dumpsters, plastic refuse
carts and individual plastic refuse containers).
The number of lots, dwelling units, or persons located or
residing within a residential area.
Any establishment whose principal business is the sale of
foods and beverages to the customer in a ready-to-consume state.
A development providing dwelling units specifically designed
for the needs of ambulatory elderly persons. To qualify as a retirement
housing complex, a minimum of 80% of the total units shall have a
head of household who is 60 years of age or older. The remaining units
may qualify by meeting one of the following conditions:
A unit is occupied by a household head who is 55 years of age
or older;
A unit is occupied by a surviving member(s) of a household,
regardless of age, and the household head meeting the age requirement
has died;
A unit is occupied by management personnel and his or her family.
In addition to the dwelling units, a retirement housing complex may
include special facilities and services for the exclusive use of the
residents. This may include a cafeteria and/or dining room, snack
bar, convenience retail shop (food, household and gift items), infirmary,
library, game room, swimming pool, exercise room, arts and crafts
facilities, meeting room, greenhouse, housekeeping service, beauty
and/or barber shop, chapel, transportation service and related uses
to provide a comfortable and convenient living atmosphere.
See “Boarding house.”
See “Recreational vehicle camping area.”
Includes grades one (1) through twelve (12) and may or may
not include kindergarten.
A facility or site used for the sale of merchandise which
is available or needed during certain seasons of the year. Use shall
generally require one to three months of operation and be similar
to Christmas trees, pumpkins, plant material, snow cones, fresh produce
(fruits and vegetables), and other items which are typically only
available at certain times of the year.
A structure or shelter used in connection with the seasonal
use sale of goods and services, for temporary administrative and supervisory
functions, or for the sheltering of employees and equipment.
A minimum horizontal distance between the lot line and the
building line.
Means an adult arcade, adult bookstore or adult video store,
adult cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
A name, number, identification, description/announcement,
declaration, demonstration, device, display, flag, banner, pennant,
illustration, beacon, light or insignia, and structure supporting
any of the same, affixed directly or indirectly to or upon any building,
window, door or outdoor structure, or erected or maintained upon the
lot or premises, which directs attention to any object, product, service,
place, activity, person, institution, organization or business located
therein. Any interior illuminated or moving sign or light that is
visible from the exterior may be determined as being erected on the
exterior of the building or structure.
A map, drawing, or chart showing the location of all existing
and planned structures, landscaping, design, entrance and exit, parking,
height of structures, common open space, public facilities, private
streets, together with information pertaining to all covenants relating
to land use, location and bulk of structures, intensity of use or
density of development, private streets, ways and parking facilities,
common open space and public facilities, and all other reasonable
information required by the city subdivision ordinance regulations
which control the review process.
(As used in reference to the installation of manufactured
housing.) Skirting materials shall consist of materials compatible
with the design of the home, enhancing its appearance. Unpainted or
untreated materials, corrugated metal, galvanized metal, screen or
wire skirting is prohibited.
An office or group of offices for one or more veterinarians
engaged in treating diseases or injuries to small domestic animals.
Structures are to be soundproof and no outside facilities are permitted.
See “Institutional care facility.”
Refer to “Conditional use.”
A structure with a capacity for more than four (4) horses
or mules.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between such floor and the ceiling.
A public or private thoroughfare which affords the principal
means of access to abutting property.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Any change which would tend to prolong the life of a supporting
member of a structure such as bearing walls, columns, beams, girders
or any substantial change in the roof elevation or exterior walls.
A building of any kind or any piece of work built or composed
of parts joined together in some definite manner. Anything constructed
or erected, the use of which requires more or less permanent location
on the ground or attached to something having a permanent location
on the ground, including but not limited to advertising signs, billboards,
lighting standards, etc.
A building or portion of a building used for selling and/or
applying tattoos (by injecting dyes/inks into the skin), and/or for
piercing the skin with needles, jewelry or other paraphernalia, primarily
for the purpose of ornamentation of the human body, other than ear
piercing.
See “Studio, tattoo or body piercing.”
A structure or shelter used in connection with a development
or building project, for on-site temporary administrative and supervisory
functions, or for the sheltering of employees and equipment. Temporary
permits for one (1) year, for a specific time and location as determined,
may be issued by the director of planning and shall be subject to
review and renewal for reasonable cause.
A building, other than a hotel, where lodging is provided
and offered to the public for compensation for not more than twenty
(20) individuals and open to transient guests.
A single-family dwelling unit constructed in a series or
group of not less than three (3) nor more than six (6) contiguous
units.
A vehicle, towed, on its own chassis, and designed or used
for temporary dwelling away from the place of residence. This includes
travel trailers, camping and tent trailers.
A vehicle to be pulled behind an automobile or truck which
is designed for the hauling of, but not limited to, animals, produce,
goods, materials and commodities, including boats, vehicles, equipment
or other items.
A vacation travel trailer park.
A self-propelled mechanical vehicle designed for use on streets
and highways for the conveyance of goods and people and having a GVW
(gross vehicle weight) in excess of one (1) ton.
See “Skirting.”
An adjustment in the application of the specific regulations
of this article to a particular parcel of property which, because
of special conditions or circumstances of hardship peculiar to the
particular parcel, is necessary to prevent the property from being
deprived of rights and privileges enjoyed by other parcels in the
same vicinity and zoning district. Only the board of adjustment of
the city can grant a variance.
See “Height.”
Includes impounded surface water areas of surface tanks used
for storage.
An open space on the same lot, with a building, unoccupied
and unobstructed by any portion of a structure from the ground upward.
The horizontal distance between the lot line and the main building
shall be used in measuring a yard for the purpose of determining the
width of a side yard, the depth of a front yard, or the depth of a
rear yard.
A yard extending across the front of a lot between the side
yard lines, and being the minimum horizontal distance between the
street line and the main building or any projections thereof other
than the projection of the usual steps, unenclosed balconies or open
porch.
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building or any projections thereof other than the projections
of uncovered steps, balconies, or porches. On all lots the rear yard
shall be in the rear of the front yard.
A yard between the main building and the side line of the
lot, and extending from the front yard line to the rear yard line.
The construction of a building on any of the boundary lines
of a lot and having no yard requirement on that lot line.
A classification within which the regulations specified are
uniform and which is assigned to a particular area of the city by
delineation upon the zoning district map which is a part of this article.
The official, certified map on which the boundaries of the
various zoning districts are shown and which are an integral part
of this article and together with this zoning text, make up the zoning.
The city has officially designated the director of planning
and development or his or her designee as the individual responsible
for determining and enforcing compliance with the regulations and
policies in this article.
(Ordinance 18-844, art. I, sec.
2, adopted 1/22/19; Ordinance
19-849, sec. I(A), adopted 7/15/19)
The city is hereby divided into eight (8) zoning districts,
as follows:
|
|
Abbreviated Designation
|
Zoning District Name
|
|---|---|---|
|
Open Districts
|
AO
|
Agricultural Open Space District
|
|
Residential Districts
|
SF
|
Single-Family Residence District
|
|
|
MF
|
Multiple-Family Residence District
|
|
|
MH
|
Manufactured Housing District
|
|
Commercial Districts
|
C1
|
Local Business District
|
|
|
C2
|
General Business District
|
|
Industrial Districts
|
LI
|
Light Industrial District
|
|
|
HI
|
Heavy Industrial District
|
(1)
“AO”
Agricultural Open Space District.
This district is composed
primarily of unsubdivided land within the corporate limits of the
city, that is vacant or in agricultural use, with some dwellings and
accessory uses. The agricultural activities conducted in the district
shall be within environmental restrictions and regulations and not
be detrimental to adjacent urban land uses. The type of uses and the
area and intensity of uses permitted in the district shall encourage
and protect agricultural uses until urbanization is warranted. The
district is also intended to protect areas that may be unsuitable
for development because of physical problems, lack of infrastructure,
potential health or safety hazards such as flooding, as well as providing
for preservation of natural open space areas.
(2)
“SF”
Single-Family Residence District.
“SF” districts
consist mainly of areas containing single-family dwellings and open
space areas where single-family development appears to be desirable.
The “SF” district provides for a low residential density
neighborhood development. The primary land use allows for single-family
dwelling development appropriate to the suburban character of the
neighborhood. Other uses within this district shall contribute to
the basic elements of a balanced and attractive neighborhood. Suburban
area development is intended to be separate from and protected from
the encroachment of land activities that do not contribute to the
esthetic and functional well-being of the residential environment.
(3)
“MF”
Multi-Family Residence District.
This residential district
provides for medium- to high-density city neighborhood development.
The primary land use allows for single-family dwellings, two- to four-family
dwelling units, and multiple-family housing buildings and complexes.
All “MF” zoning will be appropriate to a city style neighborhood,
defined by green space and family character. Development within this
district is intended to be protected from the encroachment of land
activities that do not contribute to the esthetic and functional wellbeing
of the intended district environment.
(4)
“MH”
Manufactured Housing District.
The “MH” district
is intended to serve as a residential district for persons living
in manufactured homes located on a single lot or within a manufactured
home park. The primary use of land is for single-family dwellings,
along with related uses to provide the basic elements of an attractive
living area and environment.
(5)
“C1”
Local Business District.
The regulations of the “C1”
district are designed to provide a range of retail services to residents
within the city, and associated with local business services development,
but would also include those businesses and advertising devices which
would attract customers and traffic from outside the immediate area.
(6)
“C2”
General Business District.
The “C2” district
regulations are designed to permit development of commercial activities
including those which because of the sale, service, display, and storage
characteristics may not be attuned with the local business services
development and which may serve to attract customers from outside
the city. Good automobile accessibility is essential in this district.
(7)
“LI”
Light Industrial District.
The “LI” district
consists of land and improvements involved in manufacturing, wholesale,
and medium intensity activities of a non-nuisance or limited-nuisance
type. Residential uses are not considered to be compatible with light
industrial activities.
(8)
“HI”
Heavy industrial District.
The “HI” district
consists of land and improvements used mainly for manufacturing and
industrial activities whose generation of nuisance effects are greater
than those of other industries. Residential uses are not considered
to be compatible with heavy industrial activities.
(Ordinance 18-844, art. I, sec.
3, adopted 1/22/19)
The location and boundaries of the districts herein established
are shown upon the official zoning map, which is hereby adopted as
part of this article. The original of the zoning district map shall
be filed in the office of the city secretary. Said zoning map, together
with all notations, references and other information shown thereon
and all amendments thereto, shall be as much a part of this article
as if fully set forth and described herein.
Note: The current City of Eastland Zoning Map is available on
the city web page at; www.cityofeastland.com, click on City Maps and then click
on Zoning Map. It is also available for viewing at Eastland City Hall,
113 E. Commerce St.
(Ordinance 18-844, art. I, sec.
4, adopted 1/22/19)
Where uncertainty exists with respect to the boundaries of any
of the aforesaid districts as shown on the zoning map, the following
rules shall apply:
(1)
Where
district boundaries are indicated as approximately following the centerlines
of streets or highways, street lines or highway right-of-way lines,
such centerlines, street lines or highway right-of-way lines shall
be construed to be such boundaries.
(2)
Where
district boundaries are so indicated that they approximately follow
the lot lines, such lot lines shall be construed to be said boundaries.
(3)
Where
district boundaries are so indicated that they [are] approximately
parallel to the centerlines or street lines of the streets, or the
centerlines of right-of-way lines of highways, such district boundaries
shall be construed as being parallel thereto and at such distance
therefrom as indicated on the zoning map. If no distance is given,
such dimension shall be determined by the use of the scale on said
zoning map.
(4)
In unsubdivided
property, the district boundary lines on the zoning map shall be determined
by use of the scale appearing on the map.
(5)
In the
case of a district boundary line dividing a property into two parts,
the district boundary line shall be construed to be the property line
nearest the less restricted district.
(6)
Whenever
any street, alley or other public way is vacated by official action
of the city commission, the zoning district adjoining each side of
such street, alley or public way shall be automatically extended to
the center of such vacation and all area included in the vacation
shall then and thenceforth be subject to all regulations of the extended
district.
(Ordinance 18-844, art. I, sec.
5, adopted 1/22/19)
Except as hereinafter specifically provided:
(1)
No land
shall be used except for a purpose permitted in the district in which
it is located.
(2)
No building
shall be erected, converted, enlarged, reconstructed or structurally
altered to exceed the height and area limits herein established for
the district nor to be used, except for a use permitted in the district
in which such a building is located.
(3)
No building
shall be erected, or structurally altered to the extent specifically
provided hereinafter except in conformity with the off-street parking
and loading regulations of the district in which such building is
located.
(4)
The minimum
yards, parking spaces and open spaces, including lot area per family,
required by this article for each and every building existing at the
time of passage of this article or for any building hereafter erected,
shall not be encroached upon or considered as part of the yard or
parking space or open space required for any other building, nor shall
any lot area be reduced below the requirement of this article for
the district in which such lot is located.
(5)
Every
building hereafter erected or structurally altered shall be located
on a lot as herein defined, and except as hereinafter provided, there
shall not be more than one main building on one lot.
(Ordinance 18-844, art. I, sec.
6, adopted 1/22/19)
