ARTICLE 14.04 DISTRICTS, LAND USES, AND NONCONFORMING USES

Obsolete districts have been mapped on the official zoning map of the city but are no longer part of the zoning district hierarchy applied to the city. These districts have been retained from the previous version of the land use ordinance and land that is zoned with any of the obsolete district designations will continue to be developable under those use and dimensional regulations applicable to the districts immediately prior to the effective date of this chapter. Obsolete districts may have a city planned development (PD) designation associated with it. If such is the case, the land shall be developed according to the provisions of the approved PD ordinance(s).

Applications for rezoning to these obsolete districts shall not be accepted.

SF-1	Single-Family District
MD	Moderate Density District
P-MF	Planned Multiple-Family District
P-C	Planned Commercial District
P-I	Planned Industrial District
M-PD	Mixed Planned Development District

(d)

Terms defined.

The term “more restricted district” means one with fewer permitted uses and the term “less restricted district” means one with more permitted uses.

(e)

Zoning map.

The districts aforesaid, and the boundaries of such districts, shall be as hereinafter described, and as shown upon the map attached hereto and made a part of this chapter, said map being designated “City of Lake Worth, Texas Official Zoning Map,” and said map and all notations, references, and other information shown thereon shall be a part of this chapter the same as if all such matters and information were fully described herein. The original of said map shall bear the date with the passing of this ordinance and shall be signed by the mayor and attested by the city secretary, under the seal of the city; said original map shall be kept in the office of the city secretary in the city hall, and a replica thereof shall be produced upon paper in such reduced scale as will permit its being attached to this ordinance.

It shall be the duty of the city manager and/or designee to keep the official maps and current copies up to date, by entering on such maps any changes that the city council may from time to time order by amendments to the zoning ordinance and map.

Original, official, and identical copies of the official zoning map are hereby adopted bearing the signature of the mayor and the attestation of the city secretary or designee and shall be filed and maintained as follows:

(A)

One (1) copy shall be filed with the city manager and/or designee and retained as the original record and shall not be changed in any manner.

(B)

One (1) reproducible copy shall be filed with the city manager and/or designee and shall be the official zoning map and shall be maintained by posting thereon all changes and subsequent amendments hereafter made by the city council.

(C)

Other sectional maps for interpretation purposes may be made as shall be approved by resolution by the city council.

(D)

Reproductions for information purposes may from time to time be made of the official zoning map.

(E)

The official zoning map is subject to public inspection in the office of the city secretary.

(f)

Boundaries of districts.

Where uncertainty exists with respect to the boundaries of the various districts, as shown on the map accompanying and made a part of this chapter, the following rules shall apply:

The district boundaries are either streets, alleys, creeks, pipe lines, electric transmission lines, railroads, or other natural or man-made features not likely to change, unless otherwise shown, and where the districts designated on the map accompanying and made a part of this chapter are bounded approximately by street or alley lines, said street or alley shall be construed to be the boundary of such district.

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 lot lines, and where the districts designated on the map accompanying and made a part of this chapter are bounded approximately by lot lines, said lot line shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the map.

§ 14.04.004 Nonconforming uses generally.

On property that is still a survey tract or has not been subdivided with a recorded final plat, the district boundary lines on the map accompanying and made a part of this chapter shall be determined by use of the scale contained on such map, unless dimensions are shown.

(g)

Newly annexed territory.

All territory hereafter annexed into the city shall conform to the regulations as specified in article I, Boundaries and Annexation, of the home rule charter of the city, until permanently zoned by the city council. The planning and zoning commission may, after annexation of any territory into the city, institute proceedings on its own motion to give newly annexed territory a permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.

(Ordinance 1169, sec. 14.401, adopted 11/12/19)

§ 14.04.002 Land uses.

It is recognized that new types of land use will develop, and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, the city manager or designee may make a preliminary determination of the acceptability of a new use within a certain district. At the next appropriate time, the city manager or designee shall make recommendations to the planning and zoning commission and city council for changes to the zoning regulations to accommodate new uses.

(Ordinance 1169, sec. 14.402, adopted 11/12/19)

§ 14.04.003 Table of uses.

The uses allowable in each district are summarized in table herein and described in detail in the narrative discussion of each district in the sections herein. In the event of a conflict between the table and the narrative description, the narrative prevails.

P	Permitted use
Blank	Not permitted
CUP	Conditional use permit required
X	Prohibited
CA	NAS review required
P*	Refer to article 14.06, Supplemental Regulations

	ZONING DISTRICT
	PF	SF 7.5	SF 0	MF	MH	C	HC	MU-PD	LI	I	NAS
AGRICULTURAL
Agricultural or vacant land (Tarrant Appraisal District)	P	P	P	P	P	P	P	P	P	P	P
RECREATION AND ENTERTAINMENT USES
Amusement/event center (indoor)				X		CUP	P	P	P	P
Amusement ctr.; game room	X	X	X	X	X	X	X	X	X	CUP
Entertainment venue (outdoor)						P	P	P	CUP	CUP	CA APZ II
Auditorium, theater, cinema	P					P	P	P	P	P	CA APZ II
Bar, tavern, private club						P	P	P	P	P	X
Golf courses, driving range, miniature golf	CUP					CUP	CUP			CUP	CA APZ II
Restaurant, cafe, cafeteria	CUP					P	P	P	P	P	X
Sexually oriented business	X	X	X	X	X	X	X	X	X	P	X
PUBLIC FACILITIES, EDUCATIONAL AND INSTITUTIONAL USES
Business/trade school	P					P		P	P	P	X
Colleges and universities	P					P		P	P	P	X
Early education, elementary and secondary schools	P					P		P	P	P	X
Day-care center (child or adult)	X	CUP	CUP	CUP	X	P	P	P	CUP	X	X
Day-care center, religious institution	P					P	P	P	P	P	X
Government offices - local, state or federal	P					P	CUP	P	P	P	X
Independent school district offices/buildings	P					P		P	P	P	X
Medical care facilities, clinics, hospitals	CUP			X		P		P	P	P	X
Museums, libraries, community centers, private or nonprofit organizations	X				X	P	P	P	P	P	X
Public safety facilities, civil defense centers,	P					P		P	P	P	X
Religious institutions, churches	P	P	P	P	P	P	P	P	P	P	X
RESIDENTIAL
Household
Single-family dwellings		P	P	P	P			P			P
Single-family attached			P	P				P			X
Multifamily dwellings				P				P			X
Manufactured/mobile home					P			X			X
Modular home					P			X			X
Group
Assisted living; nursing home	CUP	CUP	CUP	CUP	CUP	P	P	P	X	X	X
Boarding home/co-living		CUP	CUP	P			CUP				X
Community home	CUP	P*	P*	P		P*					X
Group home		P	P	CUP		P*					X
Halfway house	CUP	X	X	CUP						CUP	X
Shelter	X	X		X					CUP	CUP	X
ACCESSORY BUILDING and/or USES
Accessory Building or Structure
Accessory bldg; nonresidential	P*	P*	P*	P*	P*	P*	P*	P*	P	P	P*
Accessory bldg; residential	CUP	P*	P*			CUP	CUP	P	CUP	CUP	P*
Antennae and towers, less than or equal to max. height in district	P	P	P	P	P	P	P	P	P	P	CA
Antennae and towers greater than max. height in district	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CA
Carport	X	P*		P*	P*						P*
Temporary bldg for construction/office trailer	P	P	P	P	P	P	P	P	P	P	P*
Accessory Use
ADU - Accessory dwelling unit	P	P	P		P	P*	P*	P	P*	P*	X
Home occupations	X	P	P	CUP	P						P*
Outdoor sales/display (temporary)	CUP					P*	P*		P*	P*
COMMERCIAL, RETAIL AND SERVICE USES
Antique shop						P	P	P	P	P	X
Appliance store, supply, repair						P	P	P	P	P	X
Bank/financial institutions						P	P	P	P	P	X
Barber/beauty shops, salons, intradermal cosmetics						P	P	P	P	P	X
Bicycle shop, repair						P	P	P	P	P	X
Book store, stationary						P	P	P	P	P	X
Caterer or wedding service		CUP	CUP	CUP	CUP	P	P	P	CUP	CUP	X
Cigar, tobacco or vape stores						P	P	P	P	P	X
Contract construction services						P	P	P	P	P	P
Convenience store, no fuel						CUP	CUP	P	P	P	X
Convenience store and fuel station						CUP	CUP		CUP	CUP	X
Copy store and services; no offset printing						P	P	P	P	P	X
Drug store/pharmacy						P	P	P	P	P	X
Farm implement sales/service						CUP	CUP		CUP	CUP	X
Food truck; food truck park	P*					P*	P*	P	P*	P*	X
Furniture and furnishings						P	P	P	P	P	X
Grocery stores, specialty market						P	P	P	P	P	X
Hardware/home improvement						CUP	CUP		CUP	CUP	X
Health and fitness facility						P	P	P	P	P	X
Hotel, motel, inn				CUP		P	P	P	P	P
Ice storage/dispensing						P	P	P		P	X
Laundry service, dry cleaner						P	P	P	P	P	X
Liquor/package store						P	P	P	P		X
Merchandise, general						P	P	P	P		X
Merchandise, specialty						P	P	P	P		X
Mini-warehouse; no outside storage						CUP	CUP	P	P	P	P
Mini-warehouse; outside storage						CUP	CUP	P	X	P	P
Mortuaries, funeral homes						P	P	X	P		X
Music instruments and/or lessons						P	P	P			X
Nursery for retail sales						P	P	X			X
Nondepository financial institution	X	X	X	X	X	X	X	X	X	CUP
Office, health services, medical clinics						P	P	P			X
Offices, professional						P	P	P			X
Office, real estate sales; leasing						P	P	P			X
Pet boarding kennel, day camp						P	P	P			X
Photofinishing, offset printing, lithography						P	P	P			X
Private club, fraternity, lodge						P	P	P			X
Restaurant, cafe, cafeteria with drive-through	CUP					P	P	P	P	P	X
Restaurant, café, cafeteria	CUP					P	P	P	P	P	X
Spa - beauty, health, massage, intradermal cosmetics						P	P	P			X
Sporting goods; gun sales/service						P	P	P			X
Tailor and cobbler						P	P	P			X
Tattooing/body piercing						P	P	P	P	P	X
Temp. outdoor seasonal sales						P*	P*				P*
Veterinarian, outdoor kennels						CUP	CUP				X
Veterinarian, no outdoor kennels						P	P	P			X
AUTOMOBILE AND MISCELLANEOUS VEHICULAR USES Automobile, Bicycles, Motorcycles, Boats, Trailers
Uses Associated with Vehicles
Auto parts, retail store						P	P	P	P	P	X
Vehicle sales and rentals						P	P				X
Vehicle repair, paint/body shop						CUP	CUP				P
Car wash						CUP	CUP				CUP
Parking garage or lot; private						P	P	P			P
Parking garage or lot; commercial						P	P	P			P
INDUSTRIAL, MANUFACTURING AND WAREHOUSING USES
Light Industrial
Carpet cleaning							P		P	P	P
Food processing							P		P	P	X
Flex building							P		P	P	P
Furniture repair							P		P	P	P
Light manufacturing									P	P	P
Outdoor sales and storage						CUP	CUP		P	P	P
Research and development									P	P	X
Showroom warehouse						CUP	CUP	X	P	P	P
Warehouse store (e.g., Costco)							CUP	X	P	P	X
Industrial
Biotech buildings								X	CUP	P	X
Heavy industrial equipment sales/ auction yard								X		P	P
Manufacturing buildings								X		P	P
Refrigeration/cold storage building								X	CUP	P	X
Packing plant								X		P	P
Telecom/data hosting center								X	CUP	P	X
Terminal, truck, freight, or water								X		P	P
Warehouse and/or distribution								X		P	P
UTILITY AND SERVICE USES
Utility installations owned by city, county, state or public utility	P	CUP	CUP	CUP	CUP	CUP	CUP	CUP	P	P	CA & CUP
Geothermal heat pump systems (closed-loop)	P	P	P	CUP		P	P	P	P	P	P
Ground-mounted solar system and solar water heater (less than 1,000 sq. ft.)	P	P	CUP			X	X				CA & CUP
Ground-mounted solar system and solar water heater (greater than 1,000 sq. ft.)¹	CUP	CUP	CUP			X	CUP	CUP	CUP	CUP	X
Roof-mounted solar system and solar water heater (less than 1,000 sq. ft.)	P	P	P	CUP	CUP	P	P	P			P
Roof-mounted solar system and solar water heater (greater than 1,000 sq. ft.)¹	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	P
Wind energy systems²	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	X

Notes:
Any solar energy system over 1,000 square feet in area requires an approved conditional use permit and a letter of no objection from the commanding officer of the Naval Air Station prior to building permit approval.
Any wind energy system requires an approved conditional use permit prior to installation and a letter of no objection from the commanding officer of the Naval Air Station prior to building permit approval.

(Ordinance 1169, sec. 14.403, adopted 11/12/19; Ordinance 1203, sec. 3, adopted 1/12/21; Ordinance 1251 adopted 1/17/2023; Ordinance 1254 adopted 2/21/2023; Ordinance 1277 adopted 2/20/2024)

(a)

Purpose and intent.

Within the districts established by this chapter, there may exist buildings or uses of land and buildings which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this section or future amendments. Such nonconforming buildings or uses of land and buildings may be continued although they do not conform with the provisions of this section, subject to the limitations and conditions set forth in this section. Such nonconforming uses are declared by this section to be incompatible with permitted uses in the districts involved.

(b)

Amendment to zoning regulations.

The provisions of this section shall also apply to uses, yards, or buildings made nonconforming by subsequent amendments to zoning regulations.

(c)

Certificate of occupancy.

All legal nonconforming uses must apply for a certificate of occupancy.

(d)

Continuation of nonconforming use.

The lawful use of land existing at the time of the passing of this chapter, although such does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued or abandoned, any future use of said premises shall be in conformity with the provisions of the regulations herein.

The lawful use of a building or fence existing at the time of this chapter may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance, are made therein.

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.

(4)

If such nonconforming building is removed, every future use of such premises shall be in conformity with the provisions of the regulations herein.

(e)

Repairs and alterations.

Repairs and alterations may be made to a legal nonconforming building, provided that no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located.

The board of adjustment shall have the authority after a public hearing to grant extension of a building nonconforming as to uses not to exceed 25 percent of the ground area of the same in case of evident hardship, subject to the yard restrictions herein provided.

(f)

Change of use.

A legal nonconforming use, if changed to conforming use, may not thereafter be changed back to a nonconforming use.

A legal nonconforming use may not be changed unless to an equal or to a more restricted use.

(g)

Discontinued or abandoned.

A legal nonconforming use, when discontinued or abandoned, shall not be resumed, except that the existing yards for all single-family residences existing at the time of the passage of this chapter shall be deemed to be conforming.

Discontinuance or abandonment shall be defined as follows:

(A)

When land used for a legal nonconforming use shall cease to be used in a bona fide manner for 60 consecutive calendar days.

(B)

When a building designed or arranged for a nonconforming use shall cease to be used in a bona fide manner as a legal nonconforming use for a continuous period of six (6) consecutive calendar months.

(C)

When a building designed or arranged for a conforming use shall cease to be used in a bona fide manner as a legal nonconforming use for a period of three (3) consecutive calendar months.

(D)

When land or a building used only on a seasonal basis is not used in a bona fide manner as a nonconforming use during such season.

Extension.

Upon evidence of hardship, the board of adjustment shall have the power to extend the time limits in the above not to exceed six (6) months.

(h)

Destruction of nonconforming building.

If a nonconforming building or a building occupied by a nonconforming use is destroyed by fire, the elements or otherwise, it may not be reconstructed or rebuilt except to conform with the provisions of this chapter unless the destruction amount is less than 50 percent of its fair market value at the time of destruction.

If the destruction is greater than 50 percent and less than total, the board of adjustment may, after a public hearing, authorize repair, taking into consideration the property owner’s circumstances and the effect on surrounding properties.

Upon submission by the owner of sufficient evidence to prove that the destruction amounts to less than 50 percent of the total value of the entire nonconforming use and that the destroyed building or structure constituted an integral part of the nonconforming use without which the nonconforming use cannot be profitably operated, the board of adjustment may permit the reconstruction of such destroyed building or buildings under conditions which reasonably allow the owner to recoup his original investment.

(4)

Notwithstanding anything herein to the contrary, a single-family residence which is destroyed shall be permitted to be reconstructed without board of adjustment approval regardless of the extent of destruction, provided that the construction complies with all current building codes and is commenced within six (6) months of the date of destruction. The failure of the owner to start such reconstruction within six (6) months shall forfeit the owner’s right to restore or reconstruct the dwelling except in conformance with this chapter.

(5)

If the owner of a nonconforming use fails to begin reconstruction of the destroyed building (when permitted to do so by the terms of this chapter) within six (6) months of the date of destruction or approval by the board of adjustment, the nonconforming building or use shall be deemed to be discontinued or abandoned as provided in subsection [(g)] above.

(6)

Notwithstanding anything herein to the contrary, the owner of a manufactured home that has been destroyed by fire or natural disaster, may replace the manufactured home, provided that the installation complies with all applicable state or local regulations and the owner applies for a permit and commences installation within six (6) months of the date of destruction. The failure of the owner to start such installation within six (6) months shall forfeit the owner’s right to replace the manufactured home except in conformance with this chapter. In this subsection, the terms “fire” and “natural disaster” shall have the same meanings as the identical terms in section 1201.008(f) of the Texas Occupations Code.

(i)

Signs.

The lawful location and maintenance of commercial signboards and billboards existing at the time of the passage of this chapter may be continued, although such use does not conform with the provisions hereof, provided, however, that no alterations are made thereto and provided, however, any sign installed and in use prior to the enactment of this chapter will not be restricted by this chapter so long as its location, height, basic construction, message and other significant characteristics remain unchanged.

Any sign in any zoning district which is rebuilt, relocated, modified, enlarged, extended, altered other than by normal maintenance to the configuration existing at the time of enactment of this chapter shall be regulated by this chapter.

(j)

Regulations for buildings under construction.

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a legal building permit has been heretofore issued.

Nothing herein contained shall require any change in the plans, construction, or designated use of a building actually under construction at the time of passage of this chapter.