(ORDINANCE 10-19-2015)
1.
Official Zoning
Map:
The city is hereby divided into zones, or districts,
as shown on the Official Zoning Map which, together with all explanatory
matter thereon, is hereby adopted by reference and declared to be
a part of this ordinance.
The Official Zoning Map shall be identified by the signature of the Mayor attested by the City Secretary, and bearing the seal of the city under the following words: “This is to certify that this is the Official Zoning Map referred to in Section 1 of Ordinance Number 10-19-2015 of the City of Seagraves, Texas,” together with the date of the adoption of this ordinance.
If, in accordance with the provisions of this ordinance and
the above stated Article 1011 [Article 1011, 1925 Revised Civil Statutes
of Texas], changes are made in district boundaries or other matter
portrayed on the Official Zoning Map, such changes shall be entered
on the Official Zoning Map promptly after the amendment has been approved
by the City Council, with an entry on the Official Zoning Map as follows: “On
(date) by official action of the City Council, the following (change)
changes were made in the Official Zoning Map: (brief description of
nature of change),” which entry shall be signed by the Mayor
and attested by the City Secretary. No amendment to this ordinance
which involves matter portrayed on the Official Zoning Map shall become
effective until after such change and entry has been made on said
map.
No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and punishable as provided under Section 16.
Regardless of the existence of purported copies of the Official
Zoning Map which may from time to time be made or published, the Official
Zoning Map which shall be located in the office of the City Secretary
shall be the final authority as to the current zoning status of land
and water areas, buildings, and other structures in the city.
2.
Replacement
of Official Zoning Map:
In the event that the Official
Zoning Map becomes damaged, destroyed, lost, or difficult to interpret
because of the nature or number of changes and additions, the City
Council may by resolution adopt a new Official Zoning Map which shall
supersede the prior Official Zoning Map. The new Official Zoning Map
may correct drafting or other errors or omissions in the prior Official
Zoning Map, but no such correction shall have the effect of amending
the original Official Zoning Map or any subsequent amendment thereof.
The new Official Zoning Map shall be identified by the signature of
the Mayor attested by the City Secretary, and bearing the seal of
the city under the following words: “This is to certify that
this Official Zoning Map supersedes and replaces the Official Zoning
Map adopted October 3rd, 1938 as part of Ordinance No. 25 of the City
of Seagraves, Texas.”
Unless the prior Official Zoning Map has been lost, or has been
totally destroyed, the prior map or any significant parts thereof
remaining, shall be preserved, together with all available records
pertaining to its adoption or amendment.
(Ordinance 10-19-2015 adopted 10/19/15)
Where uncertainty exists as to the boundaries of districts as
shown on the Official Zoning Map, the following rules shall apply:
1.
Boundaries
indicated as approximately following the centerlines of streets, highways,
or alleys shall be construed to follow such centerlines;
2.
Boundaries
indicated as approximately following platted lot lines shall be construed
as following such lot lines;
3.
Boundaries
indicated as approximately following city limits shall be construed
as following such city limits;
4.
Boundaries
indicated as following railroad lines shall be construed to be midway
between the main tracks;
7.
Where a district
boundary line divides a lot which was in single ownership at the time
of passage of this ordinance, the Board of Adjustment may permit,
as a special exception, the extension of the regulations for either
portion of the lot not to exceed 50 feet beyond the district line
into the remaining portion of the lot.
(Ordinance 10-19-2015 adopted 10/19/15)
The regulations set by this ordinance within each district shall
be minimum regulations and shall apply uniformly to each class or
kind of structure or land, and particularly, except as hereinafter
provided;
1.
No building,
structure, or land shall hereafter be used or occupied, and no building
or structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved, or structurally altered except in conformity
with all of the regulations herein specified for the district in which
it is located.
2.
No building
or other structure shall hereafter be erected or altered:
a)
to exceed
the height or bulk;
b)
to accommodate
or house a greater number of families;
c)
to occupy
a greater percentage of lot area;
d)
to have
narrower or smaller rear yards, front yards, side yards, or other
open spaces; than herein required; or in any other manner contrary
to the provisions of this ordinance.
3.
No part of
a yard, or other open space, of [or] off-street parking or loading
space required about or in connection with any building for the purpose
of complying with this ordinance, shall be included as part of a yard,
open space, or off-street parking or loading space similarly required
for any other building.
4.
No yard or
lot existing at the time of passage of this ordinance shall be reduced
in dimension or area below the minimum requirements set forth herein.
Yards or lots created after the effective date of this ordinance shall
meet at least the minimum requirements established by this ordinance.
5.
All territory
which may hereafter be annexed to the city shall be considered to
be in the (specify district, usually single-family) until otherwise
classified.
(Ordinance 10-19-2015 adopted 10/19/15)
1.
Intent:
Within the districts established by this ordinance or amendments
that may later be adopted there exist
a)
lots,
b)
structures,
c)
uses of
land and structures, and
d)
Characteristics
of use
Which were lawful before this ordinance was passed or amended,
but which would be prohibited, regulated, or restricted under the
terms of this ordinance or future amendment. It is the intent of this
ordinance to permit these nonconformities to continue until they are
removed, but not to encourage their survival. It is further the intent
of this ordinance that nonconformities shall not be enlarged upon,
expanded or extended, nor be used as grounds for adding other structures
or uses prohibited elsewhere in the same district.
Nonconforming uses are declared by this ordinance to be incompatible
with permitted uses in the districts involved. A nonconforming use
of a structure, a nonconforming use of land, or a nonconforming use
of structure and land in combination shall not be extended or enlarged
after passage of this ordinance by attachment on a building or premises
of additional signs intended to be seen from off the premises, or
by the addition of other uses, of a nature which would be prohibited
generally in the district involved.
To avoid undue hardship, nothing in this ordinance shall be
deemed to require a change in the plans, construction, or designated
use of any building on which actual construction was lawfully begun
prior to the effective date of adoption or amendment of this ordinance
and upon which actual building construction has been carried on diligently.
Actual construction is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner.
Where excavation or demolition or removal of an existing building
has been substantially begun preparatory to rebuilding, such excavation
or demolition or removal shall be deemed to be actual construction,
provided that work shall be carried on diligently.
2.
Nonconforming
Lots of Record:
In any district in which single-family
dwellings are permitted, a single-family dwelling and customary accessory
buildings may be erected on any single lot of record at the effective
date of adoption or amendment of this ordinance, notwithstanding limitations
imposed by other provisions of this ordinance. Such lot must be in
separate ownership and not of continuous frontage with other lots
in the same ownership. This provision shall apply even though such
lot fails to meet the requirements for area or width, or both, that
are generally applicable in the district, provided that yard dimensions
and requirements other than these applying to area or width, or both,
of the lot shall conform to the regulations for the district in which
such lot is located. Variance of yard requirements shall be obtained
only through action of the Board of Adjustment.
If two or more lots or combinations of lots and portions of
lots with continuous frontage in single ownership are of record at
the time of passage or amendment of this ordinance, and if all or
part of the lots do not meet the requirements established for lot
width and area, the lands involved shall be considered to be an undivided
parcel for the purposes of this ordinance, and no portion of said
parcel shall be used or sold in a manner which diminishes compliance
with lot width and area requirements established by the ordinance,
nor shall any division of any parcel be made which creates a lot with
width or area below the requirements stated in this ordinance.
3.
Nonconforming
Uses of Land (or Land with Minor Structures Only):
Where
at the time of passage of this ordinance lawful use of land exists
which would not be permitted by the regulations imposed by this ordinance,
and where such use involves no individual structure with a replacement
cost exceeding $1,000.00, the use may be continued so long as it remains
otherwise lawful, provided:
a)
No such
nonconforming use shall be enlarged or increased, nor extended to
occupy a greater area of land than was occupied at the effective date
of adoption [or] amendment of this ordinance;
b)
No such
nonconforming use shall be moved in whole or in part to any portion
of the lot or parcel other than that occupied by such use at the effective
date of adoption or amendment of this ordinance;
c)
If any such
nonconforming use of land ceases for any reason for a period of more
than 30 days, any subsequent use of such land shall conform to the
regulations specified by this ordinance for the district in which
such land is located.
d)
No additional
structure not conforming to the requirements of this ordinance shall
be erected in connection with such nonconforming use of land.
4.
Nonconforming
Structures:
Where a lawful structure exists at the effective
date of adoption or amendment of this ordinance that could not be
built under the terms of this ordinance by reason of restrictions
on area, lot coverage, height, yards, its location on the lot, or
other requirements concerning the structure, such structure may be
continued so long as it remains otherwise lawful, subject to the following
provisions:
a)
No such
nonconforming structure may be enlarged or altered in a way which
increases its nonconformity, but any structure or portion thereof
may be altered to decrease its nonconformity.
b)
Should such
nonconforming structure or nonconforming portion of structure be destroyed
by any means to an extent of more than 50 percent of its replacement
cost at time of destruction, it shall not be reconstructed except
in conformity with the provisions of this ordinance;
c)
Should such
structure be moved for any reason for any distance whatever, it shall
thereafter conform to the regulations for the district in which it
is located after it is moved.
5.
Nonconforming
Uses of Structures and Premises in Combination:
If lawful
use involving individual structures with a replacement cost of $1,000.00
or more, or of structure and premises in combination, exists at the
effective date of adoption or amendment of this ordinance, that would
not be allowed in the district under the terms of this ordinance,
the lawful use may be continued so long as it remains otherwise lawful,
subject to the following provisions:
a)
No existing
structure devoted to a use not permitted by this ordinance in the
district in which it is located shall be enlarged, extended, constructed,
reconstructed, moved, or structurally altered except in changing the
use of the structure to a use permitted in the district in which it
is located;
b)
Any nonconforming
use may be extended throughout any parts of a building which were
manifestly arranged or designed for such use at the time of adoption
or amendment of this ordinance, but no such use shall be extended
to occupy any land outside such building;
c)
If no structural
alterations are made, any nonconforming use of a structure, or structure
and premises, may as a special exception be changed to another nonconforming
use provided that the Board of Adjustment, either by general rule
or by making findings in the specific case, shall find that the proposed
use is equally appropriate or more appropriate to the district than
the existing nonconforming use. In permitting such change, the Board
of Adjustment may require appropriate conditions and safeguards in
accord with the provisions of this ordinance;
d)
Any structure,
or structure and land in combination, in or on which a nonconforming
use is superseded by a permitted use, shall thereafter conform to
the regulations for the district, and the nonconforming use may not
thereafter be resumed;
e)
When a nonconforming
use of a structure, or structure and premises in combination, is discontinued
or abandoned for six consecutive months or for 18 months during any
three-year period (except when government action impedes access to
the premises), the structure; or structure and premises in combination,
shall not thereafter be used except in conformity with the regulations
of the district in which it is located;
f)
Where nonconforming
use status applies to a structure and premises in combination, removal
or destruction of the structure shall eliminate the nonconforming
use status of the land. Destruction for the purpose of this subsection
is defined as damage to an extent of more than 50 percent of the replacement
cost at time of destruction.
6.
Repairs and
Maintenance:
On any nonconforming structure or portion
of a structure containing a nonconforming use, work may be done in
any period of 12 consecutive months on ordinary repairs, or on repair
or replacement of non-bearing walls, fixtures, wiring, or plumbing
to an extent not exceeding 10 percent of the current replacement cost
of the nonconforming structure or nonconforming portion of the structure
as the case may be, provided that the cubic content existing when
it became nonconforming shall not be increased.
If a nonconforming structure or portion of a structure containing
a nonconforming use becomes physically unsafe or unlawful due to lack
of repairs and maintenance, and is declared by any duly authorized
official to be unsafe or unlawful by reason of physical condition,
it shall not thereafter be restored, repaired, or rebuilt except in
conformity with the regulations of the district in which it is located.
Nothing in this ordinance shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any official charged with protecting the public safety,
upon order of such official.
7.
[Reserved]
8.
Uses Under
Special Exception Provision Not Nonconforming Uses:
Any
use which is permitted as a special exception in a district under
the terms of this ordinance (other than a change through Board of
Adjustment action from a nonconforming use to another use not generally
permitted in the district) shall not be deemed a nonconforming use
in such district, but shall without further action be considered a
conforming use.
(Ordinance 10-19-2015 adopted 10/19/15)
District regulations shall be as set forth in the Schedule of District Regulations, hereby adopted by reference and declared to be a part of this ordinance, and in Section 6 of this ordinance, entitled “Supplementary District Regulations.”
(Ordinance 10-19-2015 adopted 10/19/15)
1.
Visibility
at Intersections in Residential Districts:
On a corner
lot in any residential district, nothing shall be erected, placed,
planted, or allowed to grow in such a manner as materially to impede
vision between a height of two and one-half and ten feet above the
centerline grades of the intersecting streets in the area bounded
by the street lines of such corner lots and a line joining points
along said street lines 50 feet from the point of the intersection.
2.
Fences, Walls
and Hedges:
Notwithstanding other provisions of this
ordinance, fences, walls and hedges may be permitted in any required
yard, or along the edge of any yard, provided that no fences[,] wall,
or hedge along the sides or front edge of any front yard shall be
over 3 feet in height and shall not extend over the lot lines.
3.
Accessory
Buildings:
Accessory buildings may be erected in any
rear yard, providing the accessory building meets requirements and
shall not be built over existing gas piping, continuous concrete foundations
laid over existing sewer plumbing, the plumbing shall be minimum Schedule
40 PVC. Accessory building shall be no less than (10) ten feet from
principal dwelling and shall be a minimum of 3 feet from side lot
lines, have no protruding elements overhanging lot lines. On corner
lots, accessory building shall be in line with dwelling or required
setback on street side.
4.
Erection of
More than One Principal Structure on a Lot:
In any district,
more than one structure housing a permitted or permissible principal
use may be erected on a single lot, provided that yard and other requirements
of this ordinance shall be met for each structure as though it were
on an individual lot.
5.
Exceptions
to Height Regulations:
The height limitations contained
in the Schedule of District Regulations do not apply to spires, belfries,
cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances
[that] are usually required to be placed above the roof level and
not intended for human occupancy.
6.
Structures
to Have Access:
Every building hereafter erected or moved
shall be on a lot adjacent to a public street or with access to an
approved private street, and all structures shall be so located on
lots as to provide safe and convenient access for servicing, fire
protection, and required off-street parking.
7.
Parking, Storage,
or Use of Major Recreational Equipment:
For purposes
of these regulations, major recreational equipment is defined as including
boats and boat trailers, travel trailers, pickup campers or coaches
(designed to be mounted on automotive vehicles), motorized dwellings,
tent trailers, and the like, and cases or boxes used for transporting
recreational equipment, whether occupied by such equipment or not.
No major recreational equipment shall be parked or stored on any lot
in a residential district except in a carport or enclosed building
or behind the nearest portion of a building to a street, provided
however that such equipment may be parked anywhere on residential
premises for not to exceed 24 hours during loading or unloading. No
such equipment shall be used for living, sleeping, or housekeeping
purposes when parked or stored on a residential lot or in any location
not approved for such use.
8.
Parking and
Storage of Certain Vehicles:
Automotive vehicles or trailers
of any kind or type without current registration shall not be parked
or stored on any residentially-zoned property other than in completely
enclosed buildings.
9.
Carports and
Garages:
Carports shall not be erected closer than 5
feet to front lot line and roof overhang shall not exceed 4 feet from
support structure closest to the front lot lines. Carports shall not
be closer than three (3) feet to side lot line. Enclosed garages shall
not be closer than ten (10) foot from front lot line and (5) five
feet from side lot lines. Enclosed garages shall have a minimum of
(1) one entrance directly into the attached dwelling.
(Ordinance 10-19-2015 adopted 10/19/15)
1.
Administration
and Enforcement:
An administrative official designated
by the City Council shall administer and enforce this ordinance. He
may be provided with the assistance of such other persons as the City
Council may direct.
If the administrative official shall find that any of the provisions
of this ordinance are being violated, he shall notify in writing the
person responsible for such violations, indicating the nature of the
violation and ordering the action necessary to correct it. He shall
order discontinuance of illegal use of land, buildings, or structures;
removal of illegal buildings or structures or of illegal additions,
alterations, or structural changes; discontinuance of any illegal
work being done; or shall take any other action authorized by this
ordinance to ensure compliance with or to prevent violation of its
provisions.
2.
Building Permits
Required:
No building or other structure shall be erected,
moved, added to, or structurally altered without a permit therefor,
issued by the administrative official. No building permit shall be
issued by the administrative official except in conformity with the
provisions of this ordinance, unless he receives a written order from
the Board of Adjustment in the form of an administrative review, special
exception, or variance as provided by this ordinance.
3.
Application
for Building Permit:
All applications for building permits
shall be accompanied by plans in triplicate drawn to scale, showing
the actual dimensions and shape of the lot to be built upon; the exact
sizes and locations on the lot of buildings already existing, if any;
and the location and dimensions of the proposed building or alteration.
The application shall include such other information as lawfully may
be required by the administrative official, including existing or
proposed building or alteration; existing or proposed use of the building
and land; the number of families, housekeeping units, or rental units
the building is designed to accommodate; conditions existing on the
lot; and such other matters as may be necessary to determine conformance
with, and provide for the enforcement of, this ordinance.
One copy of the plans shall be returned to the applicant by
the administrative official, after he shall have marked such copy
either as approved or disapproved and attested to same by his signature
on such copy. The original and one copy of the plans, similarly marked,
shall be retained by the administrative official.
4.
Certificates
of Zoning Compliance for New, Altered, or Nonconforming Uses:
It shall be unlawful to use or occupy or permit the use or occupancy
of any building or premises, or both, or part thereof hereafter created,
erected, changed, converted, or wholly or partly altered or enlarged
in its use or structure until a certificate of zoning compliance shall
have been issued therefor by the administrative official stating that
the purposed [proposed] use of the building or land conforms to the
requirement of this ordinance.
No nonconforming structure or use shall be maintained, renewed,
changed, or extended until a certificate of zoning compliance shall
have been issued by the administrative official. The certificate of
zoning compliance shall state specifically wherein the nonconforming
use differs from the provisions of this ordinance, [and] owners or
occupants of nonconforming uses or structures shall have three months
to apply for certificates of zoning compliance. Failure to make such
application within three months shall be presumptive evidence that
the property was in conforming use at the time of enactment or amendment
of this ordinance.
No permit for erection, alteration, moving, or repair of any
building shall be issued until an application has been made for a
certificate of zoning compliance, and the certificate shall be issued
in conformity with the provisions of this ordinance upon completion
of the work.
A temporary certificate of zoning compliance may be issued by
the administrative official for a period not exceeding six months
during alterations or partial occupancy of a building pending its
completion, provided that such temporary certificate may include such
conditions and safeguards as will protect the safety of the occupants
and the public.
The administrative official shall maintain a record of all certificates
of zoning compliance, and a copy shall be furnished upon request to
any person.
Failure to obtain a certificate of zoning compliance shall be a violation of this ordinance and punishable under Section 16 of this ordinance.
5.
Expiration
of Building Permit:
If the work described in any building
permit has not begun within ninety (90) days from the date of issuance
thereof, said permit shall expire; if the work described in any building
permit is not completed within a reasonable time of that designated
for completion in the permit, the permit shall expire by limitation
and be void. The administrative official shall cancel the permit,
and written notice thereof shall be given to the persons affected,
together with notice that further work as described in the cancelled
permit shall not proceed unless and until a new building permit has
been obtained.
6.
Construction
and Use to be as Provided in Applications, Plans, Permits, and Certificates
of Zoning Compliance:
Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this ordinance, and punishable as provided by Section 16 hereof.
(Ordinance 10-19-2015 adopted 10/19/15)
A Board of Adjustment is hereby established, which shall consist
of five members to be appointed by the City Council, each for a term
of three years. Members of the Board of Adjustment may be removed
from office by the City Council for cause upon written charges and
after public hearing. Vacancies shall be filled by resolution of the
City Council for the unexpired term of the member affected.
1.
Proceedings
of the Board of Adjustment:
The Board of Adjustment shall
adopt rules necessary to the conduct of its affairs and in keeping
with the provisions of the ordinance. Meetings shall be held at the
call of the chairman and at such other times as the Board may determine.
The chairman, or in his absence; the acting chairman, may administer
oaths and compel the attendance of witnesses. All meetings shall be
open to the public.
The Board of Adjustment shall keep minutes of its proceedings,
showing the vote of each member upon each question, or if absent or
failing to vote indicating such fact, and shall keep records and shall
keep records [sic] of its examinations and other official actions,
all of which shall be a public record and be immediately filed in
the office of the Board.
2.
Hearings;
Appeals; Notice:
Appeals to the Board of Adjustment concerning
interpretation or administration of this ordinance may be taken by
any person aggrieved or by any officer or bureau of the governing
body of the city affected by any decision of the administrative official.
Such appeals shall be taken within a reasonable time, not to exceed
60 days or such lesser period as may be provided by the rules of the
Board, by filing with the administrative official and with the Board
of Adjustment a notice of appeal specifying the grounds thereof. The
administrative official shall forthwith transmit to the Board all
papers constituting the record upon which the action appealed from
was taken.
The Board of Adjustment shall fix a reasonable time for the
hearing of appeal, give public notice thereof as well as due notice
to the parties in interest, and decide the same within a reasonable
time. At the hearing, any party may appear in person or by agent or
attorney.
3.
Stay of Proceedings:
An appeal stays all proceedings in furtherance of the action
appealed from, unless the administrative official from whom the appeal
is taken certifies to the Board of Adjustment after the notice of
appeal is filed with him, that by reason of facts stated in the certificate,
a stay would, in his opinion, cause imminent peril to life and property.
In such case, proceedings shall not be stayed other than by a restraining
order which may be granted by the Board of Adjustment or by a court
of record on application, on notice to the administrative official
from whom the appeal is taken and on due cause shown.
(Ordinance 10-19-2015 adopted 10/19/15)
The Board of Adjustment shall have the following powers and
duties:
1.
Administrative
Review:
To hear and decide appeals where it is alleged
there is error in any order, requirement, decision, or determination
made by the administrative official in the enforcement of this ordinance.
2.
Special Exceptions:
Conditions Governing Applications; Procedures:
To hear
and decide only such special exceptions as the Board of Adjustment
is specifically authorized to pass on by the terms of this ordinance;
to decide such questions as are involved in determining whether special
exceptions should be granted; and to grant special exceptions with
such conditions and safeguards as are appropriate under this ordinance,
or to deny special exceptions when not in harmony with the purpose
and intent of this ordinance. A special exception shall not be granted
by the Board of Adjustment unless and until:
a)
A written
application for a special exception is submitted indicating the section
of this ordinance under which the special exception is sought and
stating the grounds on which it is requested; an opinion survey shall
be mailed to property owners within 1000 feet surrounding property
requesting variance. The opinion survey shall include the details
of variance and a yes and no answer indication for the variance. A
self-stamped self-addressed envelope shall be included within 15 days
of public hearing.
b)
Notice shall
be given at least 15 days in advance of public hearing. The owner
of the property for which special exception is sought or his agent
shall be notified by mail. Notice of such hearings shall be posted
on the property for which special exception is sought, at the City
Hall, and in one other public place at least 15 days prior to the
public hearing;
c)
The public
hearing shall be held. Any party may appear in person, or by agent
or attorney;
d)
The Board
of Adjustment shall make a finding that it is empowered under the
section of this ordinance described in the application to grant the
special exception and that the granting of the special exception will
not adversely affect the public interest.
e)
Before any
special exception shall issue, the Board shall make written findings
certifying compliance with the specific rules governing individual
special exceptions and that satisfactory provision and arrangement
has been made concerning the following, where applicable:
1)
Ingress
and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic
flow and control, and access in case of fire or catastrophe;
2)
off-street
parking and loading areas where required, with particular attention
to the items in (1) above and the economic, noise, glare, or odor
effects of the special exception on adjoining properties and properties
generally in the district;
3)
refuse
and service areas, with particular reference to the items in (1) and
(2) above;
4)
utilities,
with reference to locations, availability, and compatibility;
5)
screening
and buffering with reference to type, dimension, and character;
6)
signs,
if any, and proposed exterior lighting with reference to glare, traffic
safety[,] economic effect, and compatibility and harmony with properties
in the district;
7)
required
yards and other open space;
8)
general
compatibility with adjacent properties and other property in the district;[.]
3.
Variances;
Conditions Governing Applications; Procedures:
To authorize
upon appeal in specific cases such variance from the terms of this
ordinance as will not be contrary to the public interest where, owing
to special conditions, a literal enforcement of the provisions of
this ordinance would result in unnecessary hardship. A variance from
the terms of this ordinance shall not be granted by the Board of Adjustment
unless and until:
a)
A written
application for a variance is submitted demonstrating:
1)
That special
conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other
lands, structures, or buildings in the same district;
2)
That literal
interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same
district under the terms of this ordinance;
3)
That the
special conditions and circumstances do not result from the actions
of the applicant;
4)
That granting
the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, structures,
or buildings in the same district. No nonconforming use of neighboring
lands, structures, or buildings in the same district, and no permitted
or nonconforming use of lands, structures, or buildings in other districts
shall be considered grounds for the issuance of a variance.
c)
The public
hearing shall be held. Any party may appear in person, or by agent
or by attorney;
d)
The Board of Adjustment shall make findings that the requirements of Section 9 (3) (a) have been met by the applicant for a variance;
e)
The Board
of Adjustment shall further make a finding that the reasons set forth
in the application justify the granting of the variance, and that
the variance is the minimum variance that will make possible the reasonable
use of the land, building, or structure;
f)
The Board
of Adjustment shall further make a finding that the granting of the
variance will be in harmony with the general purpose and intent of
this ordinance, and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
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In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under Section 16 of this ordinance.
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Under no circumstances shall the Board of Adjustment grant a
variance to allow a use not permissible under the terms of this ordinance
in the district involved, or any use expressly or by implication prohibited
by the terms of this ordinance in said district.
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4.
Board Has
Powers of Administrative Official on Appeals; Reversing Decision of
Administrative Official:
In exercising the above-mentioned
powers, the Board of Adjustment may, so long as such action is in
conformity with the terms of this ordinance, reverse or affirm, wholly
or partly, or may modify the order, requirement, decision, or determination
appealed from and may make such order, requirement, decision, or determination
as ought to be made, and to that end shall have the powers of the
administrative official from whom the appeal is taken.
The concurring vote of four members of the Board shall be necessary
to reverse any order, requirement, decision, or determination of the
administrative official or to decide in favor of the applicant on
any matter upon which it is required to pass under this ordinance,
or to effect any variation in the application of this ordinance.
(Ordinance 10-19-2015 adopted 10/19/15)
Any person or persons, or any board, taxpayer, department, board,
or bureau of the city aggrieved by any decision of the Board of Adjustment
may seek review by a court of record of such decision, in the manner
provided by the laws of the State of Texas.
(Ordinance 10-19-2015 adopted 10/19/15)
It is the intent of this ordinance that all questions of interpretation
and enforcement shall be first presented to the administrative official,
and that such questions shall be presented to the Board of Adjustment
only on appeal from the decision of the administrative official, and
that recourse from the decisions of the Board of Adjustment shall
be to the courts as provided by the laws of the State of Texas.
It is further the intent of this ordinance that the duties of
the City Council in connection with this ordinance shall not include
hearing and deciding questions of interpretation and enforcement that
may arise. The procedure for deciding such questions shall be as stated
in this section and this ordinance. Under this ordinance the City
Council shall have only the duties;
(1)
of considering
and adopting or rejecting proposed amendments or the repeal of this
ordinance, as provided by law, and
(2)
of establishing
a schedule of fees and charges as stated in Section 12, below.
(Ordinance 10-19-2015 adopted 10/19/15)
The City Council shall establish a schedule of fees, charges,
and expenses and a collection procedure for building permits, certificates
of zoning compliance, appeals, and other matters pertaining to this
ordinance. The schedule of fees shall be posted in the office of the
administrative official, and may be altered or amended only by the
City Council.
Until all applicable fees, charges, and expenses have been paid
in full, no action shall be taken on any application or appeal.
(Ordinance 10-19-2015 adopted 10/19/15)
The regulations, restrictions, and boundaries set forth in this
ordinance may from time to time be amended, supplemented, changed,
or repealed, provided however that no such action may be taken until
after a public hearing in relation thereto, at which parties in interest
and citizens shall have an opportunity to be heard. At least 15 days’
notice of the time and place of such hearing shall be published in
a newspaper of general circulation in the city.
When a proposed amendment affects the zoning classification
of property, and in case a protest against such change is signed by
the owners of 20 percent or more either of the area of the lots included
in such proposed change, or of those immediately adjacent in the rear
thereof extending 1000 feet therefrom, or of those directly opposite
thereto, extending 1000 feet from the street frontage of such opposite
lots, then such amendments shall not become effective except by the
favorable vote of 80 percent of the City Council.
(Ordinance 10-19-2015 adopted 10/19/15)
In their interpretation and application, the provisions of this
ordinance shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals, or general welfare.
Wherever the requirements of this ordinance are at variance with the
requirements of any other lawfully adopted rules, regulations, ordinances,
deed restrictions, or covenants, the most restrictive or that imposing
the higher standards shall govern.
(Ordinance 10-19-2015 adopted 10/19/15)
Whenever a violation of this ordinance occurs, or is alleged
to have occurred, any person may file a written complaint. Such complaint
stating fully the causes and basis thereof shall be filed with the
administrative official. He shall record properly such complaint.[,
and] Immediately investigate and take action thereon as provided by
this ordinance.
(Ordinance 10-19-2015 adopted 10/19/15)
Violation of the provisions of this ordinance or failure to
comply with any of its requirements (including violations of conditions
and safeguards established in connection with grants of variances
or special exceptions) shall constitute a misdemeanor. Any person
who violates this ordinance or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than $200.00 and in
addition shall pay all costs and expenses involved in the case. Each
day such violation continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or
part thereof, and any architect, builder, contractor, agent, or other
person, who commits, participates in, assists in, or maintains such
violation may each be found guilty of a separate offense and suffer
the penalties herein provided.
Nothing herein contained shall prevent the city from taking
such other lawful action as is necessary to prevent or remedy any
violation.
(Ordinance 10-19-2015 adopted 10/19/15)
Should any section or provision of this ordinance be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the ordinance as a whole, or any part thereof
other than the part so declared to be unconstitutional or invalid.
(Ordinance 10-19-2015 adopted 10/19/15)
For the purposes of this ordinance, certain terms or words used
herein shall be interpreted as follows:
The word person includes a firm, association,
organization, partnership, trust, company, or corporation, as well
as an individual(s).
The present tense includes the future tense[,] the singular
number includes the plural, and the plural number includes the singular.
The word shall is mandatory, the word may is permissive.
The words used or occupied include the words intended, designed, or arranged to
be used or occupied.
The word lot includes the words lot or plot, parcel, or property.
a use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
the portion of a lot remaining after required yards have
been provided.
a roof covered structure meant to house vehicles, no sides
shall be permitted that are more than two-thirds closed. In no case,
open area less than seven (7') feet.
any place or premises used for sale, dispensing, or serving
of food, refreshments, or beverages in automobiles, including those
establishments where customers may serve themselves and may eat or
drink the food, refreshments, or beverages on the premises.
a manufactured, detached residential dwelling unit designed
for transportation after fabrication on streets or highways on its
own wheels or on flatbed or other trailers, and arriving at the site
where it is to be occupied as a dwelling complete and ready for occupancy
except for minor and incidental unpacking and assembly operations,
location on jacks or other temporary or permanent foundations, connections
to utilities and the like. A travel trailer is not to be considered
as a mobile home.
(Ready-Built - Pre-Fabricated) - a manufactured residential
dwelling designed to be transported on streets or highways on flatbeds
or trailers arriving at a pre-approved lot site, complete and ready
for occupancy except for minor and incidental unpacking and assembly
operations, location on jacks or other temporary or permanent foundations,
connections to utilities and the like. Modular Homes shall be considered
as a Mobile Home.
a residential building designed for or occupied by three
or more families, with the number of families in residence not exceeding
the number, of dwelling units provided.
a detached residential dwelling unit other than a mobile
home, designed for and occupied by one family only.
a detached residential building containing two dwelling units,
designed for occupancy by not more than two families.
one room, or rooms connected together, constituting a separate,
independent housekeeping establishment for owner occupancy, or rental
or lease on a weekly, monthly, or longer basis, and physically separated
from any other rooms or dwelling units which may be in the same structure,
and containing independent cooking and sleeping facilities.
one or more persons occupying a single dwelling unit, provided
that unless all members are related by blood or marriage, no such
family shall contain over five persons, but further provided that
domestic servants employed on the premises may be housed on the premises
without being counted as a family or families.
buildings and premises where gasoline, oil, grease, batteries,
tires, and automobile accessories may be supplied and dispensed at
retail and where in addition the following services may be rendered
and sales made, and no other:
Sale and servicing of spark plugs, batteries, and distributors
and distributor parts.
Tire servicing and repair, but not recapping or re-grooving.
Replacement of mufflers, and tailpipes, water hose, fan belts,
brake fluid, light bulbs, fuses, floor mats, seat covers, windshield
wipers and wiper blades, grease retainers, wheel bearings, mirrors,
and the like.
Radiator cleaning and flushing.
Washing and polishing, and sale of automotive washing and polishing
materials.
Greasing and lubrication.
Providing and repairing fuel pumps, oil pumps, and lines.
Minor servicing and repair of carburetors.
Emergency wiring repairs.
Adjusting and repairing brakes
Minor motor adjustments not involving removal of the head or
crankcase or racing the motor.
Sales of cold drinks, packaged foods, tobacco and similar convenience
goods for filling station’s customers as accessory and incidental
to principal operation.
Provision of road maps and other informational material to customers;
provision of restroom facilities.
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Uses permissible at a filling station do not include major mechanical
and body work, straightening of body parts, painting, welding, storage
of automobiles not in operating condition, or other work involving
noise, glare, fumes, smoke, or other characteristics to an extent
greater than normally found in filling stations. A filling station
is not a repair garage nor a body shop.
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an occupation conducted in a dwelling unit, provided that:
No person other than members of the family residing on the premises
shall be engaged in such operation.
The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential purposes
by its occupants, and not more than 25 percent of the floor area of
the dwelling unit shall be used in the conduct of the home occupation.
There shall be no change in the outside appearance of the building
or premises, or other visible evidence of the conduct of such home
occupation other than one sign, not exceeding one square foot in area,
non-illuminated, and mounted flat against the wall of the principal
building.
No home occupation shall be conducted in any accessory building.
There shall be no sales in connection with such home occupation.
No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential neighborhood,
and any need for parking generated by the conduct of such home occupation
shall be met off the street and other than in a required front yard.
No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors, or electrical
interference detectable to the normal senses off the lot, if the occupation
is conducted in a single-family residence, or outside the dwelling
unit if conducted in other than a single-family residence. In the
case of electrical interference, no equipment or process shall be
used which creates visual or audible interference in any radio or
television receivers off the premises, or causes fluctuations in line
voltage off the premises.
space logically and conveniently located for bulk pickups
and deliveries, scaled to delivery vehicles expected to be used, and
accessible to such vehicles when required off-street parking spaces
are filled. Required off-street loading space is not to be included
as off-street parking space in computation of required off-street
parking space.
for purposes of this ordinance, a lot is a parcel of land
of at least sufficient size to meet minimum zoning requirements for
use, coverage, and area, and to provide such yards and other open
spaces as are herein required. Such lot shall have frontage on an
improved public street, or on an approved private street, and may
consist of:
A single lot of record;
A portion of a lot of record;
A combination of complete lots of record, of complete lots of
record and portions of lots of record, or of portions of lots of record;
A parcel of land described by metes and bounds; provided that
in no case of division or combination shall any residual lot or parcel
be created which does not meet the requirements of this ordinance.
Lot Frontage -
the front of a lot shall be construed to be the portion nearest
the street. For the purposes of determining yard requirements on corner
lots and through lots, all sides of a lot adjacent to streets shall
be considered frontage, and yards shall be provided as indicated under Yards in this section.
Depth
of a lot shall be considered to be the distance between the
midpoints of straight lines connecting the foremost points of the
side lot lines in front and the rearmost points of the side lot lines
in the rear.
Width
of a lot shall be considered to be the distance between straight
lines connecting front and rear lot lines at each side of the lot,
measured across the rear of the required front yard, provided, however,
that width between side lot lines at their foremost points (where
they intersect with the street line) shall not be less than 80 percent
of the required lot width except in the case of lots on the turning
circle of cul-de-sac, where the 80 percent requirement shall not apply.
a lot which is part of a subdivision recorded in the office
of the County Clerk, or a lot or parcel described by metes and bounds,
the description of which has been so recorded.
the diagram (Figure 1) which follows illustrates terminology
used in this ordinance with reference to corner lots, interior lots,
reversed frontage lots and through lots:
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Figure 1
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In the diagram,
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A = corner lot, defined as a lot located at the intersection
of two or more streets; A lot abutting on a curved street or streets
shall be considered a corner lot if straight lines drawn from the
foremost points of the side lot lines to the foremost point of the
lot meet at an interior angle of less than 135 degrees. See lots marked
A (1) in the diagram.
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B = interior lot, defined as a lot other than a corner lot with
only one frontage on a street.
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C = through lot, defined as a lot other than a corner lot with
frontage on more than one street. Through lots abutting two streets
may be referred to as double-frontage lots.
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D = reversed frontage lot, defined as a lot on which the frontage
is at right angles or approximately right angles (interior angle less
than 135 degrees) to the general pattern in the area. A reversed frontage
lot may also be a corner lot (A-D in the diagram), an interior lot
(B-D), or a through [lot] (C-D).
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Provision of outdoor displays or display space on a lease
or rental basis only.
For the purposes of this ordinance, an off-street parking
space shall consist of a space adequate for parking an automobile
with room for opening doors on both sides, together with properly
related access to a public street or alley and maneuvering room. Required
off-street parking areas for three or more automobiles shall have
individual spaces marked, and shall be so designed, maintained and
regulated that no parking or maneuvering incidental to parking shall
be on any public street, walk, or alley, and so that any automobile
may be parked and un-parked without moving another.
For purposes of rough computation, an off-street parking
space and necessary access and maneuvering room may be estimated at
300 square feet, but off-street parking requirements will be considered
to be met only when actual spaces meeting the requirements above are
provided and maintained, improved in a manner appropriate to the circumstances
of the case, and in accordance with all ordinances and regulations
of the city.
any device designed to inform or attract the attention of
persons not on the premises on which the sign is located, provided
however that the following shall not be included in the application
of the regulations herein:
Signs not exceeding one square foot in area and bearing only
property numbers, post box numbers, names of occupants of premises,
or other identification of premises not having commercial connotations;
Flags and insignia of any government except when displayed in
connection with commercial promotion;
Legal notices, identification-informational, or directional
signs erected or required by governmental bodies;
Integral decorative or architectural features of buildings,
except letters, trademarks, moving parts, or moving lights:
Signs directing and guiding traffic and parking on private property,
but bearing no advertising matter.
For the purpose of determining number of signs, a sign shall
be considered to be a single display surface or display device containing
elements organized, related, and composed to form a unit. Where matter
is displayed in a random manner without organized relationship of
elements, or where there is reasonable doubt about the relationship
of elements, each element shall be considered to be a single sign.
The surface area of a sign shall be computed as including
the entire area within a regular geometric form or combinations of
regular geometric forms comprising all of the elements of the matter
displayed. Frames and structural members not bearing advertising matter
shall not be included in computation of surface area.
a sign other than an on-site sign.
a sign relating in its subject matter to the premises on
which it is located, or to products, accommodations, services, or
activities on the premises. On-site signs do not include signs erected
by the outdoor advertising industry in the conduct of the outdoor
advertising business.
a special exception is a use that would not be appropriate
generally or without restriction throughout the zoning division or
district, but which, if controlled as to number, area, location or
relation to the neighborhood, would promote the public health, safety,
welfare, morals, order, comfort, convenience, appearance, prosperity,
or general welfare. Such uses may be permitted in such zoning division
or district as special exceptions, if specific provision for such
special exceptions is made in this zoning ordinance.
the right-of-way line of a street.
anything constructed or erected with a fixed location on
the ground, or attached to something having a fixed location on the
ground. Among other things, structures include buildings, mobile homes,
walls, fences, billboards, and poster boards or panels.
a vehicular, portable structure built on a chassis, designed
to be used as a temporary dwelling for travel and recreational purposes,
having a body width not exceeding eight feet.
a variance is a relaxation of the terms of the zoning ordinance
where such variance will not be contrary to the public interest and
where, owing to conditions peculiar to the property and not the result
of the actions of the applicant, a literal enforcement of the ordinance
would result in unnecessary and undue hardship. As used in this ordinance,
a variance is authorized only for height, area, and size of structure
or size of yards and open spaces: establishment or expansion of a
use otherwise prohibited shall not be allowed by variance, nor shall
a variance be granted because of the presence of nonconformities in
the zoning district or uses in an adjoining zoning district.
a required open space other than a court unoccupied and obstructed
by any structure or portion of a structure from 30 inches above the
general ground level of the graded lot upward, provided however that
fences, walls, poles, posts, and other customary yard accessories,
ornaments, and furniture may be permitted in any yard subject to height
limitations and requirements limiting obstruction of visibility.
a yard extending between side lot lines across the front
of a lot adjoining a public street. In any required front yard, no
fence or wall shall be permitted which materially impedes vision across
such yard above the height of 30 inches and no hedge or other vegetation
shall be permitted which materially impedes vision across such yard
between the heights of 30 inches and 10 feet. In the case of through
lots, unless the prevailing front yard pattern on adjoining lots indicates
otherwise, front yards shall be provided on all frontages. Where one
of the front yards that would normally be required on a through lot
is not in keeping with the prevailing yard pattern, the administrative
official may waive the requirement for the normal front yard and substitute
therefor a special yard requirement which shall not exceed the average
of the yards provided on adjacent lots.
In the case of corner lots with more than two frontages,
the administrative official shall determine the front yard requirements,
subject to the following limitations:
at least one front yard shall be provided having the full depth
required generally in the district;
no other front yard on such lot shall have less than half the
full depth required generally.
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Depth of required front yards shall be measured at right Angles
to a straight line joining the foremost points of the side lot lines.
The foremost point of the side lot line, in the case of rounded property
corners at street intersections, shall be assumed to be the point
at which the side and front lot lines would have met without such
rounding. Front and rear front yard lines shall be parallel.
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a yard extending across the rear of the lot between inner
side yard lines. In the case of through lots and corner lots, there
will be no rear yards, but only front and side yards. Depth of a required
rear yard shall be measured in such a manner that the yard established
is a strip of the minimum width required by district regulations with
its inner edge parallel with the rear lot line.
a yard extending from the rear line of the required front
yard to the rear lot line - or in the absence of any clearly defined
rear lot line to the point on the lot farthest from the intersection
of the lot line involved with the public street. In the case of through
lots, side yards shall extend from the rear lines of front yards required.
In the case of corner lots, yards remaining after full and half-depth
front yards have been established shall be considered side yards.
Width of a required side yard shall be measured in such a
manner that the yard established is a strip of the minimum width required
by district regulations with its inner edge parallel with the side
lot line.
a yard behind any required yard adjacent to a public street,
required to perform the same functions as a side or rear yard, but
adjacent to a lot line so placed or oriented that neither the term “side
yard” nor the term “rear yard” clearly applies.
In such cases, the administrative official shall require a yard with
minimum dimensions as generally required for a side yard or a rear
yard in the district, determining which shall apply by the relation
of the portion of the lot on which the yard is to be located to the
adjoining lot or lots, with due regard to the orientation and location
of structures and buildable areas thereon.
(Ordinance 10-19-2015 adopted 10/19/15)
All ordinances or parts of ordinances in conflict with this
zoning ordinance, or inconsistent with the provisions of this ordinance,
are hereby repealed to the extent necessary to give this ordinance
full force and effect. This ordinance shall become effective on October
19, 2015.
(Ordinance 10-19-2015 adopted 10/19/15)
