This ordinance shall be known, and may be cited as the Zoning
Ordinance of the City of Archer City, Texas.
(Ordinance 184 adopted 11/11/77; Ordinance 348 adopted 6/29/20)
The zoning regulations and districts as herein established have
been made in accordance with a comprehensive plan for the purpose
of promoting health, safety, morals, and the general welfare of the
City of Archer City, Texas. They have been designed to lessen the
congestion in the streets; to secure safety from fire, panic or other
dangers; to provide adequate light and air; to prevent the overcrowding
of land; to avoid concentration of populations; to facilitate the
adequate provision of transportation, water, sewage, schools, parks,
and other public requirements. They have been made with reasonable
consideration, among other things, to the character of the district
and its peculiar suitability for particular uses, and with a view
to conserving the value of buildings and encouraging the most appropriate
use of land throughout the City of Archer City, Texas. Pursuant to
Section 211.007(a) of the Texas Local Government Code, the City Council
exercises its discretion to decline to appoint a zoning commission.
Any references in this ordinance or in the City's Code of Ordinances
to the planning and zoning commission, the planning commission, or
the zoning commission shall be construed to refer to and give authority
to the city council. The City Council shall not, however, be required
to give a report or recommendation on any proposed zoning change or
text amendment.
(Ordinance 184 adopted 11/11/77; Ordinance 348 adopted 6/29/20; Ordinance 366 adopted 10/25/2022)
For the purpose of this ordinance, 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,” the word “lot” includes the word
“plot,” and the word “shall” is mandatory
and not merely permissive or directory.
1. Accessory
Building and Use -
A subordinate building or
a portion of the main building, the use of which in [is] incidental
to that of the main building or to the main use of the premises. An
accessory use is one which is incidental to the main use of the premises.
2. Alley
-
A public or private thoroughfare which affords
only a secondary means of access to property abutting thereon.
3. Apartment
-
A room or suite of rooms in a multiple dwelling,
or in a building in which more than one living unit is established
above or on the same floor as nonresidential uses, which room or suite
is intended, or designed for use as a residence by one family and
which includes culinary accommodations.
4. Apartment
House -
A building or portion thereof used or
designed as a residence for three (3) or more families living independently
of each other, and doing their own cooking in said building, including
apartments and apartment hotels.
5. Boarding
House -
A building other than a hotel, where
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.
6. Building
-
Any structure designed or intended for the
support, enclosure, shelter or protection of persons, animals, chattels,
or property.
7. Clinic
-
An office or group of offices for one or more
physicians, surgeons, or dentists engaged in treating the sick or
injured, but not including rooms for the abiding of patients.
8. District
-
A section or sections of the City of Archer
City for which regulations governing the use of buildings and premises,
the height of buildings, the size of yards, an[d] the intensity of
use are uniform.
9. Dwelling
-
Any building or portion thereof which is designed
and used exclusively for residential purposes.
10. Dwelling, Single-family -
A building have [having]
accommodations for and occupied exclusively by one (1) family.
11. Dwelling, Two-Family Duplex -
A building having
accommodations for and occupied exclusively by two (2) families.
12. Dwelling, Multiple -
A building having accommodations
for and occupied exclusively by more than two (2) families.
13. Family -
One or more persons occupying a premises
and living as a single housekeeping unit as distinguished from a group
occupying a boarding house, lodging house, or hotel as herein defined.
14. Filling Station or Service Station -
Any building
or premises used for the dispensing, sale, or offering for sale at
retail of any automobile fuels or oils. When the dispensing, sale,
or offering for sale is incidental to the conduct of a public garage,
or retail store, the premises are classified as a public garage or
retail store.
15. Frontage -
All the property on one side of
a street between two intersecting streets (crossing or terminating),
measured along the line of the street, or if the street is dead-ended,
then all the property abutting on one side between an intersecting
street and the dead-end of the street.
16. Garage, Private -
An accessory building, or
portion of the main use building, designed for or used for the housing
of motor-driven vehicles which are the property of and for the private
use of the occupants of the lot on which the private garage is located.
Not more than one (1) of the vehicles may be a commercial vehicle
and of not more than one and one-half (1-1/2) tons capacity.
17. Garage, Public -
A building or portion thereof,
other than a private garage, designed or used for equipping, repairing,
hiring, servicing, selling or storing motor-driven vehicles.
18. Garage
(a) For buildings
having walls adjoining one street only, the elevation of the sidewalk
at the center of the wall adjoining the street.
(b) For buildings
having walls adjoining more than one street, the average of the elevation
of the sidewalk at the center of all walls adjoining the street.
(c) For building
having no wall adjoining the street, the average level of the finished
surface of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five (5)
feet from the street line shall be considered as adjoining the street.
Where no sidewalk exists, the grade shall be established by the city
building inspector.
|
19. Height of Building -
The vertical distance
from the grade to the highest point of the coping of a flat roof,
to the deck line of a mansard roof or the mean height level between
the eaves and ridge for a gable, hip and gambrel roofs.
20. Home Occupation -
Any occupation or profession
engaged in by the occupants of a dwelling not involving the conduct
of a retail business and not including any occupation conducted in
any building on the premises excepting the building which is used
by the occupant as his or her private dwelling. Home occupations shall
include, in general, personal services such as furnished by an architect,
lawyer, physician, dentist, musician, artist, and seamstress, when
performed by the person occupying the building as his or her private
dwelling and not including a partnership or the employment of more
than one assistance [assistant] in the performance of such services.
21. Hotel -
A building in which lodging or board
and lodging are provided and offered to the public for compensation
and in which ingress and egress to and from all rooms is made through
an inside lobby or office supervised by a person in charge at all
hours. As such, it is open to the public in contradistinction to a
boarding house, a lodging house, or an apartment which are herein
defined.
22. Lodging House -
A building or place where lodging
is provided (or which is equipped to provide lodging regularly) by
prearrangement for definite periods, for compensation, for three (3)
or more persons in contradiction to hotels open to transients.
23. Lot -
A parcel of land occupied or intended
for occupancy by a use permitted in this ordinance, including one
(1) main building which its accessory buildings, the open spaces and
parking spaces required by this ordinance, and having its principal
frontage upon a street or upon an officially approved place.
24. Lot, Corner -
A lot abutting upon two (2) or
more streets at their intersection.
25. Lot, Depth of -
The mean horizontal distance
between the front and rear lot lines.
25.5.
Median Taxable Value -
The midway
point of the taxable value of the buildings in a specified area, from
highest to lowest.
26. Nonconforming Use -
Any building or land lawfully
occupied by a use at the time of passage of this ordinance or amendment
thereto, which does not conform after the passage of this ordinance
or amendment thereto with the use regulations of the district in which
it is situated.
27. Parking Space -
An area enclosed or unenclosed
containing not less than one hundred and sixty (160) square feet exclusive
of the driveways connecting said space with a street or alley. Said
parking space and connecting driveway shall be durably surfaced and
so arranged to permit satisfactory ingress and egress of an automobile.
28. Story -
That portion of a building, other than
a basement, included between the surface of any floor and the surface
of the floor next above it; or if there be no floor above it then
the space between the floor and the ceiling next above it.
29. Street -
A public thoroughfare which affords
the principal means of access to abutting property.
30. Structure -
Anything constructed or erected,
the use of which requires permanent location on the ground or attachment
to something having a permanent location on the ground, including,
but without limiting the general inclusiveness of the foregoing, advertising
signs, billboards, poster boards, and pergolas.
31. Structural Alterations -
Any change in the
supporting members of a building, such as bearing walls or partitions,
columns, beams or girders, or any complete rebuilding of the roof
or the exterior walls.
32. Trailer -
Any structure used for living, sleeping,
business, or storage purposes, having no foundation other than wheels,
blocks, skids, jacks, horses, or skirting and which is, has been,
or reasonably may be equipped with wheels or other devices for transporting
the structure from place to place whether by motive power or other
means. The term “trailer” shall include camp car and house
car. For the purposes of this ordinance a trailer is a single-family
dwelling and shall conform to all regulations therefor when not located
in a trailer camp as herein defined.
33. Trailer Camp or Trailer Coach Park -
A lot
or tract of land where facilities and accommodations are provided
by the day, week, month or for a longer period of time for or without
compensation for two or more trailers when such trailers are being
used for human habitation.
34. Tourist Court - (Auto Courts, Motels, or Motor Lodges)
A group of attached, semidetached, or detached buildings containing
individual sleeping or living units, designed for or used temporarily
by automobile tourists or transients, with garage attached or parking
space conveniently located to each unit and offering to the public
daily as well as other longer term rental rates, and maintaining a
register of guests and/or their vehicles.
35. Yard -
An open space on the same lot with a
building, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. 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, the horizontal
distance between the lot line and the main building shall be used.
36. Yard, Front -
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.
37. Yard, Rear -
A yard extending across the rear
of a lot, measured between the side lot lines, and being the minimum
horizontal distance between the rear lot line and the rear of the
main building or any projections other than steps, unenclosed balconies
or unenclosed porches. On corner lots the rear yard shall be considered
as parallel to the street upon which the lot has its least dimension.
On both corner lots and interior lots the rear yard shall in all cases
be at the opposite end of a lot from the front yard.
38. Yard, Side -
A yard between the main building
and the side line of the lot, and extending from the front lot line
to the rear yard line.
(Ordinance 184 adopted 11/11/77; Ordinance 348 adopted 6/29/20)
For the purpose of regulating and restricting the height and
size of buildings and other structures, the percentage of lot that
may be occupied, the size of yards, and other open spaces, the density
of populations and the location and use of buildings, structures,
and land for trade, industry, residence, or other purposes, the City
of Archer City, Texas, is hereby divided into districts of which there
be six classes in number, and which shall be known as:
“R-1” One-family Dwelling District
|
“R-2” Duplex and Apartment District
|
“B-1” Neighborhood Business District
|
“B-2” Secondary & Highway Business District
|
“B-3” Central Business District
|
“I” Industrial District
|
The boundaries of the districts, described above, are shown
on the map that is attached hereto and made a part of this ordinance,
which map is designated as the “Zoning District Map”.
Said district map and all notations[,] references and other information
shown thereon are made a part of this ordinance and shall have the
same force and effect as if said map and said data thereon were fully
set forth or described herein. Said map shall, on its face, be identified
and verified in the manner following: it shall bear the title “ZONING
DISTRICT MAP - ARCHER CITY, TEXAS”; it shall bear even [sic]
date with the passage of this ordinance, it shall bear the name of
the mayor; and, it shall be attested by the signature of the city
secretary [administrator]. The original of said map shall be kept
in a proper place in the municipal building.
Whenever any street, alley, or other public way is lawfully
vacated by the council of the City of Archer City, Texas, the zoning
district adjoining each side of such street, alley or public way shall
be automatically extended to the center of such vacated area and thereafter
all land included in said vacated area shall be subject to all applicable
regulations of the extended districts.
All territory hereafter annexed to the city of Archer City,
Texas, shall be classified as “R-1” One-Family Dwelling
District, until permanently zoned by the governing body of the City
of Archer City, Texas. The city planning and zoning commission shall,
as soon as practicable, after annexation of any territory to the City
of Archer City, Texas, institute proceedings on its own motion to
give the newly annexed territory permanent zoning, and the procedure
to be followed shall be the same as is provided by law for the adoption
of original zoning regulations; except as hereinafter provided:
1. No building
shall be erected, converted, enlarged, reconstructed, or structurally
altered, and no building or land shall be used for any purpose that
is not permitted in the district in which the building or land is
situated.
2. No building
shall be erected, converted, enlarged, reconstructed, or structurally
altered to exceed the height limit herein established for the district
in which the building is situated.
3. The minimum
yards and other open spaces, including lot area per family, required
by this ordinance for each and every building existing at the time
of the passage of this ordinance, or for any building hereafter erected,
shall not be encroached upon or considered as yard or open space requirements
for any other building, nor shall any lot area be reduced to an area
less than the district requirements of this ordinance.
4. Every building
hereafter erected or structurally altered shall be on a lot as herein
defined, and in no case shall there be more than one (1) main building
on one (1) lot except as otherwise provided in this ordinance.
(Ordinance 184 adopted 11/11/77; Ordinance 348 adopted 6/29/20)
The following regulations shall apply to the “R-1”
First One-Family Dwelling District:
A. Use Regulations:
A building or premises shall be used only for the following
purposes:
2. Church (except
temporary revival).
3. School, public
or private, having a curriculum equal to a public elementary, high
school, or institution of higher learning.
4. Public parks,
playgrounds, golf courses (except miniature golf), public recreation,
and community buildings.
5. Municipal
buildings, nonprofit libraries or museums, police and fire stations.
6. Farms, nurseries,
truck gardens and greenhouses, provided no sales office is maintained.
7. Customary
home occupations.
8. Accessory
buildings and accessory uses, customarily incident to the above uses
(not involving the conduct of a business), when located on the same
lot, including a private garage for one or more cars, bona fide servants
quarters not for rent or used for commercial purposes.
9. Signs:
a. One unlighted
sign, which shall not exceed one (1) square foot in area, indicating
the name of the occupant or occupation of a customary home occupation,
provided the sign is attached flat wise to the building.
b. One sign,
which shall not exceed eighteen (18) square feet, for church or school.
c. One sign
which shall not exceed four (4) square feet in area for temporary
unlighted sign pertaining to the lease, hire, or sale of building
or premises proved the sign is immediately removed upon the lease,
hire, or sale of such building or premises.
B. Height Regulations:
No building shall exceed two and one-half (2-1/2) stories or thirty-five feet (35') in height except as provided in Section
11 hereof.
C. Area Regulations:
1. Front Yard:
There shall be a front yard along the front line of the lot.
The minimum depth of such front yard shall be thirty feet (30').
2. Side Yards:
There shall be a side yard on each side of a building of not
less than ten percent (10%) of the width of the lot, but such side
yard need not exceed six feet (6') and shall not be less than five
feet (5').
3. Rear Yard:
The depth of the rear yard shall be at least thirty percent
(30%) of the depth of the lot, but such depth need not be more than
forty feet (40').
D. Intensity
of Use:
Every lot or tract of land shall have an area
of not less than six thousand (6000) square feet and an average width
of not less than fifty feet (50'), except that if a lot or tract should
have less area or width than is herein required and its boundary lines
along their entire length should touch lands under other ownership
on the effective date of this ordinance and shall not have been changed
since said date, such parcel of land may be used for a single-family
dwelling.
E. Additional
Use, Height, and Area Regulations:
Additional use, height, and area regulations and exceptions are found in Section
11 of this ordinance.
(Ordinance 184 adopted 11/11/77; Ordinance 348 adopted 6/29/20)
The following regulations shall apply to the “R-2”
Duplex and Apartment District:
A. Use Regulations:
A building or premises shall be used only for the following
purposes:
1. Any use permitted
in the “R-1” One-Family Dwelling District.
2. Two-family
or Duplex dwellings.
3. Apartment
houses or multiple-family dwellings.
4. Boarding,
lodging, and rooming houses.
5. Hospitals,
excepting tubercular, liquor, narcotic, insane, feebleminded, or animal
hospitals.
6. Private clubs,
fraternities, sororities, and lodges, excepting those the chief activity
of which is a service customarily carried on as a business.
7. Institution
of a religious, education or philanthropic nature.
B. Height Regulations:
No building shall exceed two and one-half (2-1/2) stories or
thirty-five (35) feet in height.
C. Yard Regulations:
1. Front Yard:
There shall be a front yard along the front line of the lot.
The minimum depth of such front yard shall be twenty-five feet (25').
2. Side Yards:
There shall be a side yard on each side of a building of not
less than ten percent (10%) of the width of the lot, but such side
yard need not exceed five feet (5') and shall not be less than four
feet (4').
3. Rear yard:
The depth of the rear yard shall be at least twenty-five percent
(25%) of the depth of the lot, but such depth need not be more than
twenty-five feet (25').
D. Intensity
of Use:
Except as hereinafter provided, all dwellings
hereafter erected, enlarged, relocated, or reconstructed, shall be
located on lots containing the following areas:
1. A lot on
which there is erected a single-family dwelling shall contain an area
of not less than six thousand (6000) square feet.
2. A lot on
which there is erected a two-family dwelling shall contain an area
of not less than six thousand (6000) square feet.
3. A lot on
which there is erected an apartment house or multiple-family dwelling
shall contain an area of not less than one thousand eight hundred
(1800) square feet per dwelling unit.
4. Where a lot
or tract has less area than herein required and its boundary lines
along their entire length touched lands under other ownership on the
effective date of this ordinance and have not since been changed,
such parcel of land may be used for a single-family dwelling.
E. Parking Regulations:
Whenever a structure is erected, constructed or structurally
altered for a two-family dwelling one (1) parking space shall be provided
and maintained on the lot for each dwelling unit in the building.
Such parking space shall be on the lot and so arranged as to permit
satisfactory egress and ingress of an automobile and such parking
area shall be in addition to driveways.
F. Additional
Use, Height and Area Regulations:
Additional Use, Height, and Area Regulations and exceptions are found in Section
11 herein.
(Ordinance 184 adopted 11/11/77; Ordinance 348 adopted 6/29/20)
The following regulations shall apply to the “B-1”
Neighborhood Business District:
A. Use Regulations:
A building or premises shall be used only for the following
purposes:
1. Any use permitted
in the “R-2” Duplex and Apartment District[.]
2. Advertising
signs, when the same are attached to a building and advertise only
services, articles, or products which are offered within the building
to which such sign is attached and provided that such signs shall
not extend above the outside walls of such building, nor more than
one foot (1') from the face of the walls of such building, nor shall
it contain an area of more than twelve (12) square feet. One freestanding
sign not to exceed twenty-four feet (24') in height will be allowed
in the front yard provided such sign does not exceed thirty (30) square
feet in area.
4. Bakery -
employing not more than five (5) persons.
9. Cleaning,
pressing, and dyeing plants employing not more than five (5) persons
each.
12. Filling
station, service station, provided all storage tanks for gasoline
shall be below the surface of the ground.
13. Laundries,
employing not more than five (5) persons on the premises.
15. Ice retail
distributing station, no manufacture, and capacity not to exceed five
(5) tons storage.
16. Job printing,
provided total mechanical power used in operation of such printing
plant shall not exceed five (5) horsepower.
20. Radio repair
and sales shops
23. Restaurant,
cafes, cafeterias, and taverns
24. Stores
and shops for the sale of products at retail only.
25. Studio
(art, photo, music)
B. Height Regulations:
No building shall exceed two and one-half (2-1/2) stories or
thirty-five feet (35') in height.
C. Yard Regulations:
1. Front Yard:
There shall be a front yard along the front line of the lot.
The minimum depth of such front yard shall be twenty feet (20').
2. Side Yards:
For uses permitted in the “R-2” District the side
yard regulations for that district shall apply. For additional uses
permitted in the “B-1” District no side yards are required
except that on a corner lot the side yard on a street side shall be
twenty feet (20'). Where a lot is used for any of the purposes permitted
in this district and abutting on the side of a lot in an “R-1”,
district there shall be a side yard of not less than five feet (5').
3. Rear Yard:
For uses permitted in the “R-2” District the rear
yard shall be the same as in the “R-2” District. For all
other uses a rear yard is not required except when it abuts upon an
“R-1”, “R-2” District in which case there
shall be a rear yard of not less than ten feet (10').
D. Intensity
of Use:
For uses permitted in the “R-2” District
the minimum lot area and minimum lot width shall be the same as in
the “R-2” District. There are no minimal lot area or lot
width requirements for other uses.
E. Parking Regulations:
1. The parking
regulations for dwellings are the same as those in the “R-2”
District.
2. Where any
structure is erected, reconstructed or converted for any of the business
or commercial uses permitted in this section, parking spaces shall
be provided in the ratio of not less than one (1) parking space for
each two hundred (200) square feet of floor space in the building
which is used for commercial purposes. Such parking space may be located
on the same lot as the building or on an area within three hundred
feet (300') of the building. Two or more owners of buildings may join
together providing this parking space.
F. Additional
Use, Height, and Area Regulations:
Additional Use, Height, and Area Regulations and exceptions are found in Section
11 herein.
(Ordinance 184 adopted 11/11/77; Ordinance 348 adopted 6/29/20)
The following regulations shall apply to the “B-2”
Secondary and Highway Business District:
A. Use Regulations:
A building or premises shall be used only for the following
purposes:
1. Any use permitted
in the “B-1” Neighborhood Business District.
2. Automobile
salesroom and accompanying service facilities.
3. Automobile
repair garage.
5. Billboards
and poster boards.
6. Dance hall
and skating rink.
7. Frozen food
locker plant.
9. Movie picture
house or theater.
10. Laundry
and leaning [sic]
12. Trailer
Camp or mobile homes court.
13. Any retail
business not included in the Neighborhood Business District, provided
that such use is not noxious or offensive by reason of vibrations,
smoke, odor, dust, gas, or noise.
B. Height Regulations:
No building shall exceed two and one-half (2-1/2) stories or
thirty-five feet (35') in height.
C. Yard Regulations:
1. Front Yard:
For uses permitted in the “R-2” District, the front
yard requirements for the “R-2” District shall apply.
For other uses permitted in this district, a front yard of twenty
feet (20') in depth is required.
2. Side Yard:
For uses permitted in the “R-2” District, the side
yard requirements for the “R-2” District shall apply.
For other uses no side yards are required.
3. Rear Yard:
For uses permitted in the “R-2” District, the “R-2”
District regulations shall apply. There are no rear yard regulations
for other uses.
D. Intensity
of Use:
For uses permitted in the “R-2” District,
the minimum lot area and minimum lot width shall be the same as the
“R-2” District. There are no minimum lot area or lot width
requirements for other uses.
E. Parking Regulations:
1. The parking
regulations for dwellings are the same as those in the “R-2”
District[.]
2. Where any
structure is erected, reconstructed, or converted for any of the business
or commercial uses permitted in this section, parking spaces shall
be provided in the ratio of not less than one (1) parking space for
each two hundred (200) square feet of floor space in the building
which is used for commercial purposes. Such parking space may be located
on the same lot as the building or on an area within three hundred
feet (300') of the building. Two or more owners of buildings may join
together to provide this parking space.
3. Tourist
Courts:
At least one parking space shall be provided
and maintained on the lot for each tourist court unit.
F. Additional
Use, Height, and Area Regulations:
Additional Use, Height, and Area Regulations and exceptions are found in Section
11 herein.
(Ordinance 184 adopted 11/11/77; Ordinance 348 adopted 6/29/20)
The following regulations shall apply to the “B-3”
Central Business District:
A. Use Regulations:
A building or premises shall be used only for the following
purposes:
1. Any use permitted
in the “B-2” District.
2. Storage in
bulk, or warehouse for such material as household goods, clothing,
drugs, glass, dry goods, furniture, hardware, groceries, millinery,
and shop supplies.
B. Height Regulations:
No building hereafter erected or structurally altered shall
exceed six (6) stories or seventy-five feet (75').
C. Yard Regulations:
1. Front Yard:
For uses permitted in the “R-2” District, the front
yard requirements for the “R-2” District shall apply.
For other uses no front yard is required.
2. Side Yards:
For uses permitted in the “R-2” District, the side
yard requirements for the “R-2” District shall apply.
For other uses there are no side yard requirements.
3. Rear Yard:
For uses permitted in the “R-2” District, the rear
yard regulations for the “R-2” District shall apply. For
other uses there are no rear yard regulations.
D. Intensity
of Use:
For uses permitted in the “R-2” District,
the minimum lot area and minimum lot width shall be the same as in
the “R-2” District. There are no minimum lot area or lot
width requirements for other uses.
E. Parking Regulations:
The parking regulations for dwellings are the same as those
in the “R-2” Districts.
F. Additional
Use, Height, and Area Regulations:
Additional Use, Height, and Area regulations and exceptions are found in Section
11 herein.
(Ordinance 184 adopted 11/11/77; Ordinance 348 adopted 6/29/20)
The following regulations shall apply to the “I”
Industrial District:
A. Use Regulations:
Any building or premises may be used for any purpose not in
conflict with any ordinance of the City of Archer City, Texas, provided
that no building or occupancy permit shall be issued for any of the
following uses, until and unless the location of such use shall have
been approved by the city council following a recommendation by the
planning commission:
1. Cement or
lime manufacture.
3. Explosives
manufacture or storage.
5. Garbage,
offal or dead animal incineration, reduction or dumping.
6. Junk yards
or automobile wrecking yards.
8. Slaughter
and dressing of animals (not including poultry & rabbits).
10. Wholesale
storage of gasoline or other petroleum products in carload lots or
more above ground.
B. Height Regulations:
No building hereafter erected or structurally altered shall
exceed six (6) stories or seventy-five feet (75').
C. Yard Regulations:
1. Front Yard:
For uses permitted in the “R-2” District, the front yard
requirement for the “R-2” District shall apply. For other
uses there is no front yard requirement.
2. Side Yards:
For uses permitted in the “R-2” District the side yard
requirements for the “R-2” District shall apply. For other
uses there are no side yard requirements.
3. Rear Yard:
For uses permitted in the “R-2” District, the rear yard
requirement for the “R-2” District shall apply. For other
uses there is no rear yard requirement.
D. Intensity
of Use:
For uses permitted in the “R-2” District,
the minimum lot area and minimum lot width shall be the same as in
the “R-2” District. There are no minimum lot area or lot
width requirements for other uses.
E. Parking Regulations:
The parking regulations for dwellings are the same as those
in the “R-2” District.
F. Additional
Use, Height, and Area Regulations:
Additional Use, Height, and Area Regulations and exceptions are found in Section
11 herein.
(Ordinance 184 adopted 11/11/77; Ordinance 348 adopted 6/29/20)
A. Use Regulations:
1. Accessory
Buildings:
No accessory building shall be constructed
upon a lot until the construction of the main use building has been
actually commenced. No accessory building shall be used unless the
main use building on the lot is also being used.
2. Railroad
Rights-of-Way:
On all existing rights-of-way of railroad
companies, regardless of the zoning district in which such rights-of-way
are located, railroad trackage and accessories to railroad movement
may be constructed or maintained.
3. It is hereby
provided that a mobile home or trailer set on a lot in District “R-1”
in the City of Archer City, Texas, used as a family dwelling unit,
is to be firmly anchored and tied down to the lot; the wheels shall
be removed; and the frame of the mobile home is to be underpinned
and skirted below the mobile home or trailer to the surface of the
lot.
4. Have a value
equal to or greater than the median taxable value for each building
located within 500 feet of the lot on which the building is proposed
to be located, as determined by the most recent certified tax appraisal
roll for the county; and
5. Have exterior
siding, roofing, roof pitch, foundation fascia and fenestration compatible
with the buildings located within 500 feet of the lot on which the
building is proposed to be located.
B. Height Regulations:
1. Public,
semipublic or public service buildings, hospitals, institutions or
schools, when permitted in a district, may be erected to a height
not exceeding sixty feet (60'), and churches and temples may be erected
to a height not exceeding seventy-five feet (75') if the building
is set back from each yard line at least one foot (1') for each two
feet (2') additional height limit otherwise provided in the district
in which the building is located.
2. Chimneys,
cooling towers, grain elevators, flour mills, monuments, stacks, or
scenery lofts, tanks, water towers, ornamental towers and spired church
steeples, radio or television towers, or necessary mechanical appurtenances,
may be erected to a height in accordance with existing or hereafter
adopted ordinances of the City of Archer City, Texas, provided that
in the absence of any such ordinance there shall be no height limitation
of these structures.
C. Area and
Density Regulations:
1. In a district
in which commercial or industrial buildings are built with one or
more stories for residential purposes above the commercial or industrial
uses, no side yards will be required for the residential portions
of the building, provided that the part of the building intended for
residential use is not more than two (2) rooms deep from front to
rear.
2. No yard
or other open space provided about any building for the purposes of
complying with the provisions of these regulations shall again be
used as a yard or an open space for another building. Every part of
a required yard shall be open to the sky and unobstructed by buildings
except for accessory buildings in the rear yard and except the ordinary
projections of skylights, sills, belt courses, cornices, and other
ornamental features which may project into such yards a distance of
not more than two feet (2').
3. Open, unenclosed
porches, platforms, or landing places not covered by a roof or canopy
may extend or project into the front yard for a distance not exceeding
six feet (6').
4. Terraces,
uncovered porches, platforms, and ornamental features which do not
extend more than three feet (3') above the floor level of the ground
(first) story may project into a required side yard, provided these
projections be [a] distance at least two feet (2') from the adjacent
side lot line.
D. Front Yard:
1. Where forty
percent (40%) or more of the frontage on one side of a street between
two (2) intersecting streets is developed with buildings that have
observed (with a variation of five feet (5') or less) a front greater
in depth than herein required, new buildings shall not be erected
closer to the street than the front yard so established by the existing
buildings.
2. Where forty
percent (40%) or more of the frontage on one side of a street between
two (2) intersecting streets is developed with buildings that have
not observed a front yard as described above, then
a. When a
building is to be erected on a parcel of land that is within one hundred
feet (100') of existing buildings on both sides, the minimum front
yard shall be a line drawn between the two (2) closest front corners
of the adjacent buildings on the two sides, or
b. Where
a building is to be erected on a parcel of land that is within one
hundred feet (100') of an existing building on one side only, such
building may be erected as close to the street as the existing adjacent
building.
c. In determining
such front yard depth, buildings located entirely on the rear one-half
(1/2) of a lot shall not be counted.
3. Vision
Clearance.
On any corner lot on which a front or side
yard is required, no wall, fence, sign, or other structure, or any
plant growth shall be permitted or maintained higher than two feet
(2') above the curb level within fifteen feet (15') of the intersection
of the property lines.
E. Side Yards:
1. The minimum
width of a side yard of a corner lot in the “R-1” and
“R-2” Districts shall be not less than ten feet (10')
provided that it is the street side line of a corner lot is in the
same block frontage with a lot or lots, whose street line is a front
of such lot or lots, the side yard shall extend to the average alignment
of the buildings along the same side of the street, unless such buildings
are more than twenty-five feet (25') back from the street line, in
which case the side yard need not be more than twenty-five feet (25').
2. A side yard
of not less than twenty-five feet (25') on the side of the lot adjoining
on an “R-1” or “R-2” District shall be provided
for all schools, libraries, churches, community houses, clubs, and
other public or semi-public buildings hereafter erected or structurally
altered.
3. Where a
lot in the “B-2”, “B-3”, or “I”
Districts is not used for residential purposes and abuts upon a “R-1”
or “R-2” District a side yard shall be provided of not
less than five feet (5').
4. Garages
detached or attached to the main use building entering on the side
street of a corner lot, shall maintain a side yard of twenty feet
(20') in front of the garage.
F. Rear Yard:
1. In the “R-1”
or “R-2” Districts accessory buildings shall not occupy
more than thirty percent (30%) of the required minimum rear yard area.
Accessory buildings shall be a minimum of twelve feet (12') from the
main use building. In the “R-1” and “R-2”
Districts no accessory building shall be more than one (1) story in
height.
2. In computing
the depth of a rear yard where such yard opens into an alley, one-half
(1/2) of the width of such alley may be assumed to be a portion of
the required yard.
(Ordinance 184 adopted 11/11/77; Ordinance 348 adopted 6/29/20)
A. Nonconforming
Use of Land:
Nonconforming use of land where no building
is involved or existing at the time of the passage of this ordinance
may be continued for a period of not more than two (2) years therefrom,
provided that no such nonconforming use of land shall in anyway be
expended or extended either on the same or adjoining property and
that if such nonconforming use of land or any portion thereof is discontinued
or changed any future use of such land shall be in conformity with
regulations of the district in which it lies.
B. Nonconforming
Use of Buildings:
Except as otherwise provided in this
article, the nonconforming use of a building existing at the time
this ordinance becomes effective may be continued and the use of a
nonconforming building may be changed to another use of the same or
more restricted classification, but where such use is changed to a
more restricted classification it shall not thereafter be changed
back to a use of a less restricted classification. A nonconforming
building which is or may hereafter become vacant and which shall remain
unoccupied or its nonconforming use discarded for a continuous period
of one (1) year, shall not thereafter be occupied except by a use
which conforms to regulations of the district in which it is located.
A nonconforming building may be maintained or kept in good repair
except as otherwise provided in this section.
No existing nonconforming building may be enlarged, extended,
reconstructed or altered unless its use is changed to a use permitted
in the district in which such building is located, except in the event
such enlargement, extension, reconstruction or alteration is required
by court decision, law, or ordinance.
No nonconforming building shall be moved in whole or in part
to any other location on the lot unless every portion of such building
is made to conform to all the regulations of the district in which
it is located.
A nonconforming building which is damaged by fire, explosion,
flood, wind, earthquake, or other calamity or act of God or the public
enemy to the extent of fifty percent (50%) or more of its reasonable
value may not be restored except in conformity with the regulations
of the District in which it is located.
C. The following
uses now in existence and not in a strict conformance with the provisions
of the district in which it is located are hereby prohibited and such
uses now in existence in the City of Archer City, Texas, shall be
altered, replaced or removed to conform to the provisions of this
ordinance on or before the date shown in the following schedule:
1. Billboards
and Poster Board — January 1, 19
2. Junk Yards
and Automobile Wrecking yards — January 1, 19
(Ordinance 184 adopted 11/11/77)
No permit for the erection, alteration, or enlargement of any
building shall be issued by the building inspector unless there, first
be filed in his office by the applicant therefor, a plat, drawn to
scale and in such form as may be prescribed by the said building inspector,
correctly showing the location and actual dimensions of the lot to
be occupied, the dimensions and location on the lot of the building
to be erected, altered or enlarged, together with a true statement
in writing, signed by the applicant, showing the use for which such
building is arranged, intended or designed, and furnishing such other
information as the building inspector may require in the enforcement
of the provisions of this ordinance, and any failure to comply with
the provisions of this ordinance shall be good cause for the revocation
of any such building permit by the building inspector. A record of
such applications and plats shall be kept in the office of the building
inspector.
(Ordinance 184 adopted 11/11/77)
The owner or owners of any tract of land in Archer City, Texas,
comprising an area of not less than ten (10) acres may submit to the
city building inspector a plan for the use and development of all
of the tract of land for residential purposes. The development plan
shall be referred to the city planning commission for study, public
hearing, and report. The commissions recommendations and report tether
[together] with the plans shall be submitted to the city council within
thirty (30) days for consideration and action.
The recommendations and report by the planning commission shall
contain specific evidence and facts showing whether or not the proposed
project meets the following conditions:
1. The property
adjacent to the area included in the plan will not be adversely affected.
2. The plan is
consistent with the intent and purposes of this ordinance to promote
public health, safety, morals, and general welfare.
3. The buildings
will be used only for purposes provided for in the “R-1”
and “R-2” Districts.
4. The average
lot area per family contained in the site, exclusive of the area occupied
by streets, will be not less than the lot area per family required
in the district in which the development is located.
If the city council approves the plan, building permits and
certificates of occupancy may be issued even though the use of the
land and the location of the buildings to be erected in the area and
the yards and open spaces contemplated by the plan do not conform
in all respects to the district regulation of the district in which
it is located.
(Ordinance 184 adopted 11/11/77)
The owner or owners of any tract of land comprising an area of not less than two and one-half (2-1/2) acres and not lying within a business district, may submit a development plan for a Neighborhood Shopping Center. Such application shall be processed in accordance with the provisions of Section
19 of this ordinance.
The city planning commission may recommend to the city council
that such application be approved if the application conforms to the
following:
1. The uses permitted in the Center be limited to those of the “B-1” Neighborhood Business District as listed in Section
7 of this ordinance.
2. The entire
development be designed as a single architectural unit with appropriate
landscape and architectural treatment of the entire area.
3. That at least
four (4) times the gross floor area of the stores included in the
development is provided in off-street parking areas, which are integral
parts of the design of the unit plan.
4. That the appropriate
use of property adjacent to the area included in the plan will be
fully safeguarded, and to this end the council may make such requirements
as it deems necessary.
5. That satisfactory
evidence be submitted that the automobile parking areas and the landscaped
areas will be properly constructed and maintained.
6. That the plan
is consistent with the intent and purposes of this ordinance to promote
the public health, safety, and general welfare.
(Ordinance 184 adopted 11/11/77)
A. No vacant
land shall be occupied or used except for agricultural uses, until
a certificate of occupancy shall have been issued by the building
inspector.
B. No premises
shall be used and no buildings hereafter erected or structurally altered
shall be used, occupied, or changed in use, until a certificate of
occupancy and compliance shall have been issued by the building laws
and the provisions of these regulations.
C. Certificates
of occupancy and compliance shall be applied for coincident with the
application for a building permit and shall be issued within ten (10)
days after the erection or structural alterations of such buildings
shall have been completed in conformity with the provisions of these
regulations. A record of all certificates shall be kept on file in
the office of the building inspector.
D. No permit
for excavation for any building shall be issued before application
has been made for certificate of occupancy and compliance.
E. A certificate
of occupancy shall be required of all nonconforming uses. Application
for a certificate of occupancy for nonconforming uses shall be filed
within twelve (12) months from the effective date of this Ordinance,
with the building inspector.
(Ordinance 184 adopted 11/11/77)
Rules where uncertainty may arise: Where
uncertainty exists with respect to the boundaries of the various districts
as shown on the map accompanying and made a part of this ordinance,
the following rules apply:
1. The district
boundaries are either streets or alleys unless otherwise shown, and
where the districts designated on the map accompanying and made a
part of this ordinance are bounded approximately by street or alley
lines, the street or alley shall be construed to be the boundary of
the district.
2. Where the
district boundaries are not otherwise indicated and where the property
has been or may hereafter be divided into blocks and lots, the district
boundaries shall be construed to be the lot lines, and where the districts
designated on the map accompanying and made a part of this ordinance
are bounded approximately by lot lines, the lot line shall be construed
to be the boundary of the districts unless the boundaries are otherwise
indicated on the map.
3. In unsubdivided
property, the district boundary lines on the map accompanying and
made a part of this ordinance, shall be determined by the use of the
scale appearing on the map.
(Ordinance 184 adopted 11/11/77)
A. A Zoning Board
of Adjustment for the City of Archer City (the board) is hereby established.
B. The members
of city council shall act as the board. In its capacity as the board,
the city council shall have the full authority conferred upon the
board by this ordinance, any other provision of this code, and Chapter
211 of the Texas Local Government Code. The mayor shall be a voting
member and shall act as chairman of the board. The mayor pro tem shall
act as vice-chairman of the board.
C. The board
shall adopt rules in accordance with the provisions of this ordinance.
Meetings of the board shall be held at the call of the chairman and
at such other times as the board may determine. Such chairman, or
in his absence, the vice-chairman, may administer oaths and compel
the attendance of witnesses.
All meetings of the board shall be open to the public. The board
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 of its examinations and other official
actions, all of which shall be immediately filed in the office of
the board and shall be a public record. Each case must be heard by
at least five (5) members of the board, and the concurring vote of
five (5) members of the board shall be necessary to reverse any order,
requirement, decision, or determination of any administrative official,
or to decide in favor of the applicant on any matter upon which it
is required to pass under any such ordinance, or to effect any variation
in such ordinance.
D. Appeals to
the board of adjustment may be taken by any person authorized to do
so under state law. Such appeal shall be filed not later than the
20th day after the date the decision is made by filing with the officer
from whom the appeal is taken and with the Board a notice of appeal
specifying the grounds thereof, and by paying a filing fee of three
dollars ($3.00) to the tax collector of the City of Archer City, Texas,
at the time the notice is filed, which shall be credited to the general
fund of the City of Archer City, Texas. The officer from whom the
appeal is taken shall immediately transmit to the board all the papers
constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to
the board after the notice of appeal shall have been filed with him,
that by reason of facts stated in the certificate a stay would, in
his opinion, cause imminent peril to life or property. In such cases,
proceedings shall not be stayed otherwise than by a restraining order
which may be granted by the board or by a court of record on application
or notice to the officer from whom the appeal is taken and due cause
shown.
The board shall fix a reasonable time for the hearing of the
appeal, giving public notice thereof, as well as due notice to the
parties in interest and decide the same within a reasonable time.
Upon the hearing any party may appear in person or by agent or by
attorney. The board shall decide the appeal at the next meeting for
which notice can be provided following the hearing and not later than
the 60th day after the date the appeal is filed.
E. The board
shall have the following powers:
1. To hear
and decide appeals where it is alleged there is an error in any order,
requirement, decision, or determination made by an administrative
official in the enforcement of this ordinance.
2. When a property
owner can show that a strict application of the terms of this ordinance
relating to the use, construction or alteration of buildings or structures
or the use of land will impose upon him practical difficulties or
particular hardship, the board may consider and allow variations of
the strict application of the terms of this ordinance if the variations
are in harmony with the general purpose and intent of this ordinance,
and the board is satisfied, under the evidence heard by it, that a
granting of the variation will not merely serve as a convenience to
the applicant, but will alleviate some demonstrable hardship or difficulty
so great as to warrant a variation from the comprehensive plan by
this ordinance created.
3. The board
may authorize a variance where, by reason of exceptional narrowness,
shallowness or shape of a specific piece of property of record at
the time of the adoption of this ordinance or by reason of exceptional
topographical conditions or other extraordinary or exceptional situation
or condition of a specific piece of property, the strict application
of a provisions of this ordinance would result in peculiar and exceptional
practical hardship upon the owner of the property and amount to a
practical confiscation of the property as distinguished from a mere
inconvenience to the owner, provided the variation can be granted
without substantial detriment to the public good and without substantially
impairing the general purpose and intent of the comprehensive plan
as established by the regulations and provisions contained in this
ordinance.
4. Special
Exceptions:
When in its judgment the public convenience
and welfare will not be substantially or permanently injured, the
board of adjustment may in a specific case, after public notice and
hearing and subject to appropriate conditions and safeguards, authorize
special exceptions to the regulations herein established as follows:
(a) To
permit a transitional use between a business or industrial district
and a dwelling district where the side of a lot in a one-family district
or a two-family district abuts upon a lot zoned for business or industrial
purposes as follows: On a lot in a single-family dwelling district
which sides upon a lot zoned for business or industrial purposes,
the board may permit a two (2) family dwelling.
(b) Permit
the extension of a building or use into a more restricted district,
immediately adjacent thereto, but not more than fifty feet (50') beyond
the boundary line of the district in which such building or use is
authorized.
(c) Grant
in undeveloped sections of the city temporary and conditional permits
for not more than two (2) years. The granting or existence of such
temporary or conditional permit shall not be reason or cause for extension
of such permit.
(d) Permit
such modification of yard, open space, lot area or lot width regulations
as may be necessary to secure an appropriate improvement of a parcel
of land if such parcel is separately owned at the time of this ordinance
or subsequent annexation of the city and is of such restricted area
that it cannot be appropriately improved without such modification.
(e) To
determine in case of uncertainty the classification of any use not
specifically named in this ordinance.
(f) To
grant a permit fee for the extension of a use, height or area regulation
into an adjoining district, where the boundary line of the district
divided a lot in a single ownership at the time of the adoption of
this ordinance.
(g) To
permit as an accessory use a parking area for passenger automobiles
on a lot or lots in a single-family, duplex, or apartment house district
adjoining or across a street of not more than fifty feet (50') in
width from an R-1 or R-2 district, subject however, to the following
provisions:
(1) The area shall be properly enclosed with a hedge screen, fence, wall
or other suitable enclosure having a height of not less than three
feet (3') nor more than six feet (6'). Such fence or enclosure shall
conform to the front yard regulations of the district in which it
is located.
(3) No parking of vehicles shall be permitted within six feet (6') of
any adjoining lot on which is located a single-family residence, duplex
or multiple dwelling.
(4) One sign, not exceeding two and one-half (2-1/2) square feet in area,
may be erected identifying the lot.
(5) No charges may be made for parking and no other business use may
be made of the lot.
(6) Any light used to illuminate said parking area shall be so arranged
as to direct the light away from any adjoining premises used for residential
purposes.
(h) Permit
the reconstruction of a building occupied by a nonconforming use,
or permit the extension of a nonconforming use of a building upon
the lot occupied by such use or building at the time of the passage
of this ordinance.
5. Any appeal
or permit granted by the board of adjustment shall not be valid if
construction authorized by said permit is not begun within a period
of sixty (60) days.
In exercising the above-mentioned powers such board may, in
conformity with the provisions of this act, 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 all the powers of
the officer from whom the appeal is taken.
|
In considering all appeals and all proposed variations to this
ordinance the board shall, before making any finding, in a specific
case, first determine that the proposed variation will not constitute
any change in the District Map and will not impair an adequate supply
of light and air to adjacent property, or materially increase the
congestion in public streets or increase the public danger of fire
and safety, or materially diminish or impair established property
values within the surrounding area, or in any other respect impair
the public health, safety, comfort, morals, and welfare of the City
of Archer City, Texas.
|
(Ordinance 354 adopted 6/24/21)
A. The city council
may from time to time amend, supplement or change by ordinance the
boundaries of the districts or the regulations herein established.
B. Before taking
any action on any proposed amendment, supplement or change, the city
council shall submit the same to the city planning commission for
its recommendation and report.
C. A public hearing
shall be held by the city council before adopting any proposed supplement,
amendment or change. Notice of such hearing shall be given by publication
three (3) times in the official publication of the City of Archer
City, Texas, stating the time and place of such hearing, which time
shall not be earlier than fifteen (15) days from the first day of
such publication.
D. Until such
proposed amendment, supplement or change has been approved by the
city planning commission or if a protest against such amendment, supplement
or change has been filed with the building inspector, duly signed
and acknowledged by the owners of twenty percent (20%) or more, either
of the area of the lots included in such proposed change, or those
immediately adjacent in the rear thereof extending two hundred feet
(200') therefrom or of those directly opposite thereto extending two
hundred feet (200') from the street frontage of such opposite lots,
such amendment, supplement or change shall not become effective except
by a three-fourths (3/4) vote of the city council.
(1993 Code, sec. 4.302)
It shall be the duty of the building inspector to enforce the
provisions of this ordinance, and to refuse to issue any permit for
any building, or for the use of any premises, which would violate
any of the provisions of said ordinance.
In case any building is erected, constructed, re-constructed,
altered, repaired, or converted or any building or land is used in
violation of this ordinance, the building inspector is authorized
and directed to institute any appropriate action to put an end to
any such violation.
Any person or corporation who shall violate any of the provisions
of this ordinance or fail to comply therewith or with any of the requirements
thereof or who shall build or alter any building in violation of any
detailed statement or plan submitted and approved hereunder shall
be guilty of a misdemeanor and shall be liable to a fine of not more
than one hundred dollars ($100.00) and each day such violation shall
be permitted to exist shall constitute a separate offense. The owner
or owners of any building or premises, or part thereof, where anything
in violation of this ordinance shall be placed, or shall exist, and
any architect, engineer, builder, contractor, agent, person or corporation
employed in connection therewith and who may have assisted in the
commission of any such violation shall be guilty of a separate offense
and upon conviction thereof shall be fined as hereinbefore provided.
(1993 Code, sec. 4.302)
In interpreting and applying the provisions of this ordinance
they shall be held to be the minimum requirements in the promotion
of the public safety, health, convenience, comfort, morals, prosperity
and general welfare. It is not intended by this ordinance to interfere
with or allocate or annul any ordinance, rules, regulations, or permits
previously adopted or issued and not to conflict with any of the provisions
of this ordinance, of which shall be adopted or issued pursuant to
law relating to the use of building of premises and likewise not in
conflict with this ordinance; nor is it intended by this ordinance
to interfere with or allocate or annul any easements, covenants, or
other agreements between parties, except that, if this ordinance imposes
greater restriction, this ordinance shall control.
(1993 Code, sec. 4.302)
If any section, paragraph, subdivision, clause, phrase or provision
of this ordinance shall be adjusted [adjudged] invalid or held unconstitutional,
the same shall not affect the validity of this ordinance as a whole
or any part or provision thereof other than the part so decided to
be invalid or unconstitutional.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
(1993 Code, sec. 4.302)
This ordinance shall be in full force and effective from and
after its passage and publication as provided by law.
CITY OF ARCHER CITY, TEXAS
|
By: /s/ Jack Muller, Mayor
|
Attest: /s/ L.B. Boren. Jr., City Secretary
|
(1993 Code, sec. 4.302)