Be It Ordained by the City Council of the City of Crosbyton,
Texas:
The zoning regulations and districts as herein established have
been made in accordance with a comprehensive plan for the purpose
of promoting the health, safety, morals and general welfare of the
city. They have been designed to:
(1) Lessen congestion
in the streets;
(2) Secure safety
from fire, panic, and other dangers;
(3) Promote
health and the general welfare;
(4) Provide
adequate light and air;
(5) Prevent
the overcrowding of land;
(6) Avoid undue
concentration of population; or
(7) Facilitate
the adequate provision of transportation, water, sewers, schools,
parks, and other public requirements.
They have been made with reasonable consideration, among other
things, for the character of the district, and its peculiar suitability
for the particular uses specified; and with a view to conserving the
value of buildings and encouraging the most appropriate use of land
throughout the city consistent with a comprehensive plan.
|
(Ordinance 547 adopted 6/21/1965)
The City of Crosbyton, Texas, is hereby divided into eight zoning
districts. The use, height, and area regulations as set out herein
are uniform in each district. The eight districts established herein
shall be known as:
Abbreviated Designation
|
District Name
|
---|
1 F-1
|
One-family dwelling district
|
1 F-2
|
One-family dwelling district
|
1 F-3
|
One-family dwelling district
|
2 F
|
Two-family dwelling district
|
GR
|
General residence district
|
RS
|
Retail business and service establishments
|
LI
|
Light industry
|
HI
|
Heavy industry
|
(Ordinance 547 adopted 6/21/1965)
The boundaries of the districts set out herein are delineated
upon the zoning district map of the City of Crosbyton, said map being
made a part of this ordinance.
(Ordinance 547 adopted 6/21/1965)
All land and buildings within the City of Crosbyton, Texas,
hereafter placed in use, erected or converted shall be used or built
in conformance with the regulations prescribed for the district in
which the land or building is located, except as hereinafter provided.
(Ordinance 547 adopted 6/21/1965)
A. All territory
hereafter annexed to the City of Crosbyton shall be temporarily classified
for one-family dwelling purpose, 1 F-1, only, until permanent zoning
can be established by the governing body of the City of Crosbyton.
The procedure for establishing permanent zoning on annexed territory
shall conform to the procedure established by law for the adoption
of original zoning regulations.
B. In an area
temporarily classified for one-family dwelling purposes, 1 F-1, no
permit for the construction of a building or the use of land shall
be issued for any use not permitted in the 1 F-1 district until such
permit has been specifically authorized by the governing body after
review and recommendation by the city planning and zoning commission.
The city planning and zoning commission in making its recommendation
to the governing body concerning any such permit shall take into consideration
the appropriate land use for the area and the comprehensive land use
plan for the City of Crosbyton.
(Ordinance 547 adopted 6/21/1965)
A. Use regulations:
Land and buildings in 1 F-1 one-family dwelling district, may
be used for any of the following listed uses; provided, however, no
land shall hereafter be used and no building or structure shall hereafter
be erected, altered or converted which is arranged, designed or used
for other than the following uses:
B. Area regulations:
Except as hereinafter provided in section 15, no building shall
be erected, altered or converted for dwelling purposes or any other
main use permitted in this district unless the following minimum lot
area, dimension[s] and yards are provided:
1. Area of
lot:
The minimum area of the lot for residential purposes
shall be 10,500 square feet; however, a lot having less area than
herein required that was of record prior to June 21, 1965, may be
used for any use permitted in the 1 F-1 district.
2. Width of
lot:
The minimum width of lot shall be 75 feet.
3. Depth of
lot:
The minimum depth of lot shall be 140 feet.
4. Required
front yard:
There shall be a front yard having a minimum
depth of 30 feet.
5. Required
side yard:
There shall be a side yard on each side of
the lot. The sum of the two side yards shall be equal to 20 percent
of the width of the lot provided that in no case shall either of the
separate side yards be less than five feet in width and further provided
that the side yard of a corner lot adjacent to a street shall not
be less than 15 feet.
6. Required
rear yard:
There shall be a rear yard having a depth
of 20 percent of the depth of the lot, but in no case shall the rear
yard be less than 28 feet.
7. Maximum
lot coverage:
The total area of the main building and
all accessory buildings built upon a lot as computed between the outside
walls of each structure shall not exceed 40 percent of the total area
of the lot. Accessory buildings shall not cover more than 30 percent
of the required rear yard.
C. Parking regulation:
Off-street parking space shall be provided on the lot to accommodate
one motor vehicle for each dwelling unit; however, no parking space,
garage or carport or other automobile storage space or structure may
be placed within the required front yard.
D. Height regulation:
No building shall be erected to exceed two standard stories
in height.
(Ordinance 547 adopted 6/21/1965)
A. Use regulations:
Land and buildings in the 1 F-2 one-family dwelling district,
may be used for any of the following listed uses; provided, however,
no land shall hereafter be used and no building or structure shall
hereafter be erected, altered, or converted which is arranged, designed
or used for other than the following uses:
1. Any use permitted
in the 1 F-1 one-family dwelling district.
B. Area regulations:
Except as hereinafter provided in section 15, no building shall
be erected, altered or converted for dwelling purposes or any other
main use permitted in this district unless the following minimum lot
area, dimensions and yards are provided:
1. Area of
lot:
The minimum area of a lot for residential purposes
shall be 8,250 square feet; however, a lot having less area than herein
required that was of record prior to June 21, 1965, may be used for
any use permitted in the 1 F-1 district.
2. Width of
lot:
The minimum width of lot shall be 75 feet.
3. Depth of
lot:
The minimum depth of lot shall be 110 feet.
4. Required
front yard:
There shall be a front yard having a minimum
depth of 25 feet.
5. Required
side yard:
There shall be a side yard on each side of
the lot. The sum of the two side yards shall be equal to 20 percent
of the width of the lot provided that in no case shall either of the
separate side yards be less than five feet in width and further provided
that the side yard on a corner lot, adjacent to a street, shall not
be less than 15 feet.
6. Required
rear yard:
There shall be a rear yard having a depth
of 20 percent of the depth of the lot, but in no case shall the rear
yard be less than 22 feet.
7. Maximum
lot coverage:
The maximum lot coverage permitted in the
1 F-2 district is the same as required in the 1 F-1 district.
C. Parking regulations:
Off-street parking requirements in the 1 F-2 district are the
same as the requirements in the 1 F-1 district.
D. Height regulations:
Height of building regulations in the 1 F-2 district are the
same as required in the 1 F-1 district.
(Ordinance 547 adopted 6/21/1965)
A. Use regulations:
Land and buildings in the 1 F-3 one-family dwelling district,
may be used for any of the following listed uses; provided, however,
no land shall hereafter be used and no building or structure shall
hereafter be erected, altered or converted which is arranged, designed
or used for other than the following uses:
1. Any use permitted
in the 1 F-1 one-family dwelling district.
B. Area regulations:
Except as hereinafter provided in section 15, no building shall
be erected, altered or converted for dwelling purposes or any other
main use permitted in this district unless the following minimum lot
area, dimensions and yards are provided:
1. Area of
lot:
The minimum area of a lot for residential purposes
shall be 7,000 square feet; however, a lot having less area than herein
required that was of record prior to June 21, 1965, may be used for
any use permitted in the 1 F-1 district.
2. Width of
lot:
The minimum width of lot shall be 50 feet.
3. Depth of
lot:
The minimum depth of lot shall be 140 feet.
4. Required
front yard:
There shall be a front yard having a minimum
depth of 30 feet.
5. Required
side yard:
There shall be a side yard on each side of
the lot. The sum of the two side yards shall be equal to 20 percent
of the width of the lot provided that in no case shall either of the
separate side yards be less than five feet in width and further provided
that the side yard of a corner lot adjacent to a street shall not
be less than ten feet.
6. Required
rear yard:
The required rear yard in a 1 F-3 district
is the same as for the 1 F-1 district.
7. Maximum
lot coverage:
The maximum lot coverage permitted in the
1 F-3 district is the same as required in the 1 F-1 district.
C. Parking regulations:
Off-street parking requirements in the 1 F-3 district are the
same as required in the 1 F-1 district.
D. Height regulations:
Height of building regulations in the 1 F-3 district are the
same as required in the 1 F-1 district.
E. Tiny House:
A Tiny House, that is removed from wheels, shall be an allowed
use only in the F-3 zoning District. Notwithstanding any other provision,
the front of a Tiny House shall be a minimum of ten (10) feet behind
the building line of any existing home on an abutting lot to the Tiny
House lot. (A Tiny House that remains on wheels is deemed to be a
recreational vehicle and subject to regulations applicable to an RV.)
(Ordinance 547 adopted 6/21/1965; Ordinance 11-2017-01, sec. 1, adopted 11/21/2017)
A. Use regulations:
Land and buildings in the 2 F two-family dwelling district,
may be used for any of the following listed uses; but no land shall
hereafter be used, and no building or structure shall hereafter be
erected, altered or converted which is arranged, designed or used
for other than the following uses:
1. Any use permitted
in the 1 F-1 one-family dwelling district.
B. Area regulations:
Except as hereinafter provided in section 15, no building shall
be erected, altered or converted for dwelling purposes or any main
use permitted in this district unless the following minimum lot area,
dimensions and yards are provided:
1. Area of
lot:
The minimum area of a lot for two-family dwelling
purposes shall be 10,500 square feet. The minimum area of a lot for
one-family dwelling purposes or other main uses permitted in the 2
F district is 7,000 square feet; however, a lot having less area than
herein required that was of record prior to June 21, 1965, may be
used for any use permitted in the 1 F-1 district.
2. Width of
lot:
The minimum width of lot for dwelling use and other
main uses permitted in the 2 F district shall be 75 feet.
3. Depth of
lot:
The minimum depth of lot shall be 140 feet.
4. Required
front yard:
There shall be a front yard having a minimum
depth of 30 feet.
5. Required
side yard:
The required side yard in the 2 F district
is the same as required in the 1 F-1 district.
6. Required
rear yard:
The required rear yard in the 2 F district
is the same as required in the 1 F-1 district.
7. Maximum
lot coverage:
The maximum lot coverage permitted in the
2 F district is the same as required in the 1 F-1 district.
C. Parking regulations:
Off-street parking space shall be provided on the lot to accommodate
one motor vehicle for each dwelling unit; however, no parking space,
garage or carport or other automobile storage space or structure may
be placed within the required front yard.
D. Height regulations:
No building shall be erected to exceed two standard stories
in height.
(Ordinance 547 adopted 6/21/1965)
A. Use regulations:
Land and buildings in the GR general residence district, may
be used for any of the following listed uses; but no land shall hereafter
be used, and no building or structure shall hereafter be erected,
altered or converted which is arranged, designed or used for other
than the following uses:
1. Any use
permitted in the 2 F two-family dwelling district.
2. Multiple-family
dwelling.
3. Mobile home
(house trailer).
4. Boarding
and lodging house.
5. Community,
social or hobby building for tenants as part of a housing project
or housing development only.
B. Area regulations:
1. The minimum
area of a lot for one-family residence use shall be 5,000 square feet;
for two-family residence use the minimum lot area shall be 7,000 square
feet; for multiple-dwelling use the minimum lot area shall be 10,500
square feet and there shall be no less than 1,400 square feet of lot
area provided for each family unit on any lot occupied for multiple-dwelling
purposes; for mobile homes a minimum lot area of 5,000 square feet
shall be required where mobile homes are placed permanently or semi-permanently
on lots and used as fixed housing; for mobile homes located in a trailer
court, camp or park, the minimum lot area for such court, camp or
park shall be 7,000 square feet and there shall not be less than a
minimum lot area of 1,400 square feet of lot area provided for each
trailer unit on any lot occupied by a trailer court, camp or park.
2. Width of
lot:
The minimum width of lot shall be the same as required
in the 1 F-1 district.
3. Depth of
lot:
The minimum depth of lot shall be the same as required
in the 1 F-1 district.
4. Required
front yard:
The required front yard shall be the same
as required in the 2 F district.
5. Required
side yard:
There shall be a side yard on each side of
the lot. The sum of the two side yards shall be equal to 20 percent
of the width of the lot provided that in no case shall either of the
separate side yards be less than five feet in width and further provided
that the side yard on a corner lot, adjacent to a street, shall not
be less than ten feet. Where apartment buildings are built upon lots
or tracts and arranged as court, parallel buildings [sic] and where
the long dimension of the building or the main entrances or exits
to the building are other than parallel to the front lot line, a side
yard shall be provided on each side of such building having a minimum
width of 15 feet. The effect of such side yard shall be that the front
or rear faces of all buildings arranged as courts or parallel structures
on lots or tracts shall be a minimum of 30 feet apart. Where more
than one mobile home or trailer is located on a lot or tract as a
trailer court, camp or park, there shall be a minimum distance between
trailer units of ten feet.
6. Required
rear yard:
The required rear yard in the GR district
is the same as required in the 2 F district.
7. Maximum
lot coverage:
The maximum lot coverage permitted in the
GR district is the same as provided in the 2 F district for one-family
and two-family dwellings and accessory buildings. Where apartments
are built upon a lot or tract, either as undivided structures or as
a project, the total area of all dwelling structures or as a project,
the total area of all dwelling structures exclusive of accessory buildings
shall not exceed 30 percent of the total area of the lot. Accessory
buildings shall not cover more than 30 percent of the required rear
yard.
C. Parking regulations:
Off-street parking space shall be provided on the lot to accommodate
one motor vehicle for each dwelling unit.
D. Height regulations:
Height regulations in the GR district are the same as those
required in the 2 F district.
(Ordinance 547 adopted 6/21/1965)
A. Use regulations:
Land and buildings in the RS retail business and service establishments
district, may be used for any of the following listed uses; provided,
however, no land shall hereafter be used and no building or structure
shall hereafter be erected, altered or converted which is arranged,
designed or used for other than the following uses:
1. Any use
permitted in the GR general residence district.
2. Professional
and administrative offices including but not limited to doctor’s,
dentist’s, attorney’s, architect’s, engineer’s,
insurance, real estate, banks and similar offices.
3. Studios
of photographer, musician and artist.
4. Studio of
radio or television station but not including transmitter stations
or broadcast towers.
5. Antique
shop and gallery.
8. Cafeteria
or restaurant without drive-in service facilities.
9. Cleaning,
dyeing and pressing pickup station and shop.
10. Custom
personal service, such as tailor, shoe repair, barber [or] beauty
shop, health studio and travel consultant.
11. Candy
shop, cake shop, drapery shop, handcraft shop and similar operation
involving the processing, preparation or fitting of articles and goods
on the premises for sale at retail only.
12. Gasoline
service station.
13. Florist,
garden shop, greenhouse and lath house for display and sale of plants
and flowers.
14. Laundry,
automatic when equipped with self-service machines similar to those
customarily found in the home.
15. Retail
stores and shops offering all types of consumer goods for sale.
16. Theater
(not of drive-in type).
17. Special
shopping center signs when placed flat against the building or erected
as freestanding, pylon or similar type but not involving flashing,
revolving or intermittent lighting.
18. Automobile
sales, new and used, and repair but not including wrecking or salvage
of used parts.
25. Storage
and repair of furniture and appliances when inside a building.
B. Area regulations:
Except as hereinafter provided in section 15, no building shall
be erected, altered or converted for dwelling purposes at [or] any
other main use permitted in this district unless the following minimum
lot area, dimensions and yards are provided.
1. Area of
lot:
The minimum area of the lot in the RS district shall
be 3,250 square feet; however, a lot having less area than herein
required that was of record prior to June 21, 1965, may be used for
any use permitted in the RS district.
2. Width of
lot:
The minimum width of lot shall be 25 feet.
3. Depth of
lot:
The minimum depth of lot shall be 130 feet.
4. Required
front yard:
The front yard requirements for residential
uses in the RS district are the same as those required in the 2 F
district. The required front yard in the RS district, with the exception
of residential uses, shall be two feet from the property line. No
commodities may be stored, offered for sale or displayed within the
required front yard area except that the service island and pumps
of a service station may be located within 15 feet of the front property
line.
5. Required
side yard:
The side yard requirements for residential
uses in the RS district are the same as those required in the GR district.
No side yard shall be required for a retail business or service establishment.
The required side yard for a retail business or service establishment
use adjoining a residential district boundary line shall be ten feet.
6. Required
rear yard:
The rear yard for residential uses in the
RS district are the same as those required in the GR district. Where
retail business or service establishments back upon a common district
line whether separated by an alley or not, dividing an RS district
from any of the residential districts listed herein, a minimum rear
yard of 60 feet shall be provided unless a masonry wall or solid fence
not less than four nor more than six feet in height is erected and
maintained along the rear lot or property line as a division between
the adjacent district and to screen the heavier retail functions from
the adjacent residential area.
7. Maximum
lot coverage:
The maximum lot coverage for residential
uses in the RS district are the same as those required in the GR district.
There shall be no requirements under this subsection B(7) for retail
business and service establishments.
C. Parking regulations:
Off-street parking regulations for residential uses in the RS
district are the same as those required in the GR district. Parking
for the retail business and service establishments, with the exception
of residential uses, shall be in accordance with the traffic rules
and regulations as provided from time to time by the city council
of Crosbyton, Texas.
D. Height regulations:
Height regulations in the RS district applying to residential
use only shall be the same as those required in the GR district.
(Ordinance 547 adopted 6/21/1965)
A. Use regulations:
Land and buildings in the LI light industrial district, may
be used for any of the following listed uses; provided, however, that
no land shall hereafter be used and no building or structure shall
hereafter be erected, altered or converted which is arranged, designed
or used for other than the following uses:
1. Any use
permitted in the RS district.
2. Light manufacturing
processes which do not emit dust, odor, smoke, gas or fumes beyond
the bounding property lines of the lot or tract upon which the use
is located and which do not generate noise or vibration at the boundary
of the LI district which is generally perceptible in frequency or
pressure above the ambient level of noise in the adjacent areas and
including:
a. Automobile
painting and rebuilding.
c. Contractor’s
shop and storage yard.
d. Engine
and motor repair and armature winding.
e. Heavy
machinery sales and storage.
f. Milk depot,
dairy plant, and ice cream manufacturing.
g. Railroad
passenger station.
i. Paint
shop, paint mixing but excluding all cooking or baking of varnish,
paint or lacquer.
j. Pipe and
oil well supply, storage and sales yard.
k. Railway
terminal, yard, dock or team track.
m. Tire retreading
and capping.
n. Transfer,
storage and baggage terminal.
o. Veterinarian
clinic (pets and small animals).
q. Woodworking
and planing mill with dust and noise control.
r. Textile
manufacturing with dust and odor control.
s. Ceramic
and pottery manufacturing with dust, odor and fume control.
t. Plastic
products manufacturing with dust and fume control.
u. Paint,
oil, shellac and lacquer manufacture when hoods and fume destructors
are used in the cooking process.
v. Grain
processing with hoods, dust and odor control.
w. Electroplating
with acid fume and odor controls.
B. Area regulations:
Except as hereinafter provided in section 15, no building shall
be erected, altered or converted for dwelling purposes or any other
main use permitted in this district unless the following minimum lot
area, dimensions and yards are provided:
1. Area of
lot:
The minimum area of a lot for residential purposes
and other main uses except retail, commercial and industrial uses
shall be the same as required in the GR district.
2. Width of
lot:
The minimum width of lot for residential uses shall
be the same as required in the GR district.
3. Depth of
lot:
The minimum depth of lot for residential uses shall
be the same as required in the GR district.
4. Required
front yard:
The required front yard in the LI district
shall be 15 feet for all uses.
5. Required
side yard:
The side yard requirements in the LI district
are the same as those in the RS district and all industrial uses shall
observe the same side yard requirements specified for retail business
and service establishments when such uses adjoin a residential district
or a side street.
6. Required
rear yard:
The rear yard requirements in the LI district
are the same as those required in the RS district. Industrial uses
are considered to be the same as retail and commercial uses in determining
rear yard requirements.
7. Maximum
lot coverage:
Same as in RS district.
C. Parking regulation:
Same as in RS district.
D. Height regulations:
Same as in RS district.
(Ordinance 547 adopted 6/21/1965)
A. Use regulations:
Land and buildings in the HI heavy industrial district may be
used for any of the following listed uses; provided, however, that
no land shall hereafter be used and no building or structure shall
hereafter be erected, altered or converted which is arranged, designed
or used for other than the following uses:
1. Any use
permitted in the LI light industrial district, except that hereafter
no building shall be erected or converted for dwelling purposes; provided,
however, that dwelling quarters may be established in connection with
any industrial plant for watchmen and caretakers employed on the premises.
2. Cotton gins;
provided however that dust, smoke, odor and fume controls are used.
3. Wrecking
or salvage yard.
4. Any manufacturing,
industrial, servicing or storage process not prohibited by law except
the following uses may only be located in the HI district upon approval
by the city council in accordance with the procedure established in
section 16:
e. Glue and
fertilizer manufacture.
i. Quarry,
caliche, gravel, sand excavation.
k. Tank farm
and explosives storage.
l. Any use
which due to the emission of excessive smoke, noise, gas, fumes, dust,
odor or vibration or danger of explosion or fire is presently or in
the future is determined to be a hazard and subject to special control.
B. Area regulations:
Except as hereinafter provided in section 15, no building shall
be erected, altered or converted for any use permitted in this district
unless the following minimum yards and area are provided:
1. Area of
lot:
No requirements.
2. Width of
lot:
No requirement.
3. Depth of
lot:
No requirement.
4. Required
front yard:
The required front yard in the HI district
is the same as required in the LI district.
5. Required
side yard:
No requirement.
6. Required
rear yard:
No requirement.
7. Maximum
lot coverage:
No requirement.
C. Parking regulations:
The required parking regulations in the HI district are the
same as required in the LI district.
D. Height regulations:
No requirements.
(Ordinance 547 adopted 6/21/1965)
A. The city council
of the City of Crosbyton, Texas, after public hearing and proper notice
to all parties affected and after recommendation from the city planning
and zoning commission may authorize the creation of the following
types of planned districts:
1. Shopping
center on tracts of one-half block or more.
2. Housing
development on tracts of three acres or more.
3. Industrial
district on tract of five acres or more.
4. Medical
center and hospital.
5. Civic center
and community center.
8. Transition
district as an extension of an existing district whereby the provision
of off-street parking, screening walls, open space and planting would
create a protective transition between a lesser and a more restrictive
district.
9. Public parks
and playgrounds.
11. Trailer
camp or park; RV Park.
B. In establishing
a planned district in accordance with this section, the city council
shall require a comprehensive site plan of the development, said plan
becoming part of the ordinance creating the planned district. Such
required plan and ordinance shall set forth the requirements for ingress
and egress to the property, public or private streets or drives, sidewalks,
utilities, drainage, parking space, height of building, maximum lot
coverage, yards and open spaces, screening walls or fences and other
development and protective requirements considered necessary to create
a reasonable transition to and protection of the adjacent property.
Every planned district approved under the provisions of this
ordinance shall be considered as an amendment to the ordinance as
applicable to the property involved. In approving the planned district
the city council may impose conditions relative to the standard of
development and such conditions shall be complied with before a certificate
of occupancy is issued for the use of land or any structure which
is part of the planned district and such conditions shall not be construed
as conditions precedent to the approval of the zoning amendment, but
shall be construed as conditions precedent to the granting of a certificate
of occupancy.
C. It is prohibited
and an offense to allow or to engage in:
1. Any of the
types of land uses listed in subsection B at any place within the
City other than by Special Use Permit in an approved Planned district.
2. Use of a
Recreational Vehicle, camper, trailer, or other wheeled vehicle, including
a Tiny House on wheels, as a human dwelling or residence outside of
a Trailer Camp or RV park.
(Ordinance 547 adopted 6/21/1965; Ordinance 11-2017-01, sec. 1, adopted 11/21/2017)
A. Front yards:
1. Where the
frontage on one side of a street between two intersecting streets
is divided by two or more zoning districts, the front yard shall comply
with the requirements of the most restrictive district for the entire
block.
2. If 30 percent
or more of the frontage on one side of a street between two intersecting
streets is improved with buildings that have observed an average front
yard line with a variation in depth of not more than six feet, then
the average front yard so established shall be observed; provided,
however, that this regulation shall not be interpreted as requiring
a front yard of more than 50 feet.
3. Where a
building line has been established by ordinance and such line requires
a greater front yard setback than is prescribed by this ordinance
in the district in which the building line is located, the required
front yard shall comply with the building line so established.
4. Where a
building line is shown on a plat recorded with the county clerk of
Crosby County after June 21, 1965, and such building line provides
a front yard of 20 feet or more in depth and is part of a plan for
the orderly development of a subdivision either with a uniform or
staggered building line, the building line so shown shall be interpreted
as establishing the front yard requirements for the lots in the subdivision.
5. The front
yard shall be measured from the property line to the front face of
the building, covered porch, covered terrace or attached accessory
building, and open terraces, entrance slabs, eaves and roof extensions
may project into the required front yard for a distance not to exceed
four feet.
6. Where lots
have double frontage, running through from one street to another,
a required front yard shall be provided on both streets unless a building
line for accessory buildings has been established on the plat or by
ordinance, in which event only one required front yard need be observed.
B. Side and
rear yards:
1. Every part
of a required side or rear yard shall be open and unobstructed except
for accessory buildings as permitted herein and the ordinary projections
of windowsills, belt courses, cornices and other architectural features
projecting not to exceed 24 inches into the required side or rear
yard.
2. Where a
side yard adjoins a side street on a corner lot, no garage, carport
or motor vehicle storage structure with access to the side street
may be erected nearer to the side property line than 20 feet.
C. Lot area:
Any lot containing less area than required by the regulations
in the district in which the lot is situated that was of record prior
to June 21, 1965, may be used for one-family purposes.
D. Location
of dwellings and buildings:
Only one main building for
one-family, two-family or multiple-family use with permitted accessory
buildings may be located upon a lot or unplatted tract. Every dwelling
shall face or front upon a public street, other than an alley, which
means of access shall have a minimum width of 40 feet. Where a lot
is used for retail, commercial, industrial purposes, or a combination
of same, or for a combination of retail and dwelling purposes, more
than one main building may be located upon the lot but only when such
buildings conform to all the open space, parking and density requirements
applicable to the uses and districts and when all such main buildings
face upon a public street, other than an alley. Whenever two or more
main buildings, or portions thereof, are placed upon a single lot
or tract and such buildings will not face upon a public street, the
same may be permitted when the site plan for such development is approved
by the city planning and zoning commission so as to comply with the
normal requirements for platting. No parking area, storage area, or
required open space for one building shall be computed as being the
open space, yard or area requirements for any dwelling or other use.
E. Temporary
construction buildings:
Temporary buildings to be used
for construction purposes may be erected. Upon completion or abandonment
of construction work such field offices and buildings shall be removed
at the direction of the building official.
(Ordinance 547 adopted 6/21/1965)
A. The city council
of the City of Crosbyton, Texas, after public hearing and proper notice
to all parties affected and after recommendation by the city planning
and zoning commission may authorize the issuance of specific use permits
for the following types of uses in the following districts:
1. Airport
or landing field in any district.
2. Radio and
television broadcasting towers and transmitting station in any district.
3. Hospitals,
convalescent homes or institutions of a religious, educational or
philanthropic nature in any district.
4. Homes for
insane, alcoholic, feeble-minded or narcotic patients in any district
on a site of five acres or more.
5. Drive-in
theater in the HI district.
6. Rock quarries,
sand, gravel and caliche excavations.
7. Mortuary
in the RS or LI district.
8. Animal slaughtering
plant in the HI district.
9. Acid, ammonia
and chlorine manufacture in the HI district.
10. Glue and
fertilizer manufacture in the HI district.
11. Petroleum
refining and petrochemical manufacture in the HI district.
12. Rendering
plant in the HI district.
B. In authorizing
the location of any of the uses listed as specific use permits, the
city council may impose such development standards and safeguards
as the conditions and location indicate important to the welfare and
protection of adjacent property from excessive noise, vibration, dust,
dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or
other undesirable or hazardous conditions.
(Ordinance 547 adopted 6/21/1965)
A. Any use of
property that does not conform to the regulations prescribed in the
preceding sections of this ordinance and which shall have been in
existence prior to June 21, 1965, shall be called a nonconforming
use. Any use that may have become nonconforming since that date through
amendment to the zoning ordinance or annexation and is not a violation
of the ordinance shall also be considered a nonconforming use.
B. Any nonconforming
use of land or structures may be continued for definite periods of
time, and subject to such regulations as the board of adjustment may
require for immediate preservation of the adjoining property and the
ultimate removal of the nonconforming use. The board of adjustment
may grant a change of occupancy from one nonconforming use to another,
providing the use is within the same, or higher classification as
the original nonconforming use; provided, however, that such change
of use and occupancy will not tend to prolong and continue the nonconforming
use. In event a nonconforming use of a building may be changed to
another nonconforming use of the same or more restricted classification,
it shall not later be changed to a less restrictive classification
of use, and such prior less restrictive classification, shall be considered
to have been abandoned.
C. If a structure
occupied by a nonconforming use is destroyed by fire, the elements
or other cause, it may not be rebuilt except to conform to the provisions
of this ordinance. In the case of partial destruction of a nonconforming
use not exceeding 50 percent of its reasonable value, reconstruction
will be permitted but the size or function of the nonconforming use
cannot be expanded.
(Ordinance 547 adopted 6/21/1965)
A. Organization:
(1) There
is hereby created a board of adjustment consisting of five members,
each to be appointed by the mayor subject to approval by a majority
of the city council for a term of two years and removable for cause
by the appointing authority on a written charge after a public hearing.
Vacancies shall be filled by the appointment by the original appointing
authority of a suitable person to serve out the unexpired term of
any member whose place on the board has become vacant for any cause.
(2) The board,
by majority vote, may adopt rules to govern its proceedings provided,
however, that such rules are not inconsistent with 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. The chairman, or in
his absence, the acting 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, indicate such fact, and shall keep records of its examinations
and other official actions. The minutes and records shall be immediately
filed in the office of the board and shall be public records.
(3) Appeals
to the board of adjustment can be taken by any person aggrieved or
by any officer, department, board or bureau of the municipality affected
by any decision of the administrative officer.
(4) The appellant
must file with the board and the official from whom the appeal is
taken a notice of appeal specifying the grounds for the appeal. The
appeal must be filed within a reasonable time as determined by the
rules of the board. On receiving the notice, the official from whom
the appeal is taken shall immediately transmit to the board all the
papers constituting the record of the action that is appealed.
(5) An appeal
stays all proceedings in furtherance of the action that is appealed
unless the official from whom the appeal is taken certifies in writing
to the board facts supporting the official’s opinion that a
stay would cause imminent peril to life or property. In that case,
the proceedings may be stayed only by a restraining order granted
by the board or a court of record on application, after notice to
the official, if due cause is shown.
(6) The board
shall set a reasonable time for the appeal hearing and shall give
public notice of the hearing and due notice to the parties in interest.
A party may appear at the appeal hearing in person or by agent or
attorney. The board shall decide the appeal within a reasonable time.
B. Jurisdiction:
When in its judgment, the public convenience and welfare will
be substantially served and the appropriate use of the neighboring
property will not be substantially or permanently injured, the board
of adjustment may, in specific cases, after public notice and public
hearing and subject to appropriate conditions and safeguards, authorize
the following special exceptions to the regulations herein established:
1. Permit the
reconstruction, extension or enlargement of a building occupied by
a nonconforming use on the lot occupied by such building provided
such reconstruction does not prevent the return of such property to
a conforming use.
2. Permit such
modifications of the height, yard area and parking regulations as
may be necessary to secure appropriate development of a parcel of
land of such restricted area and shape that it cannot be appropriately
developed without such modification.
3. Require
the discontinuance of nonconforming uses under any plan whereby the
full value of the structure can be amortized within a definite period
of time, taking into consideration the general character of the neighborhood
and the necessity for all property to conform to the regulations of
this ordinance. It is the declared purpose of this ordinance that
nonconforming uses be eliminated and be required to conform to the
regulations prescribed in the preceding articles of this ordinance,
having due regard for the property rights of the persons affected
when considered in the light of the public welfare and the character
of the area surrounding the designated nonconforming use and the conservation
and preservation of property. The board shall from time to time on
its own motion or upon cause presented by interested property owners
inquire into the existence, continuation or maintenance of any nonconforming
use within the city.
C. Actions of
the board:
(1) In exercising
its authority, the board may reverse or affirm, in whole or in part,
or modify the administrative official’s order, requirement,
decision, or determination from which an appeal is taken and make
the correct order, requirement, decision, or determination, and for
that purpose the board has the same authority as the administrative
official.
(2) The concurring
vote of 75 percent of the members of the board is necessary to:
a. Reverse
an order, requirement, decision, or determination of an administrative
official;
b. Decide
in favor of an applicant on a matter on which the board is required
to pass under a zoning ordinance; or
c. Authorize
a variation from the terms of a zoning ordinance.
(3) Any of
the following persons may present to a court of record a verified
petition stating that the decision of the board of adjustment is illegal
in whole or in part and specifying the grounds of the illegality:
a. A person
aggrieved by a decision of the board;
c. An officer,
department, board, or bureau of the city.
Such petition shall be presented to the court within ten days
after the filing of the decision in the office of the board and not
thereafter.
(Ordinance 547 adopted 6/21/1965)
A. No building
hereafter erected, converted or structurally altered shall be used,
occupied or changed in use and no land may be used until a certificate
of occupancy and compliance shall have been issued by the building
official of the City of Crosbyton stating that the building or proposed
use of land or building complies with the provisions of this ordinance
and other building laws of the City of Crosbyton.
B. A certificate
of occupancy and compliance shall be applied for coincident with the
application for a building permit and will be issued within ten days
after the completion of the erection, alteration or conversion of
such building or land provided such construction or change has been
made in complete conformity to the provisions of this ordinance. All
hereafter created nonconforming uses shall obtain certificates of
occupancy within 18 months after they become nonconforming uses. An
occupancy permit shall be considered evidence of the legal existence
of a nonconforming use as contrasted to an illegal use and violation
of this ordinance.
C. A record of
all certificates of occupancy shall be maintained on file in the office
of the building official of the City of Crosbyton, and copies shall
be furnished on request to any person having a propriety or tenancy
interest in the building or land affected.
(Ordinance 547 adopted 6/21/1965)
Nothing herein contained shall require any change in the plans,
construction or designated use of a building actually under construction
at the time of the passage of this ordinance [June 21, 1965,] and
which entire building shall be completed within one year from the
date of the passage of this ordinance. Nothing herein contained shall
require any change in plan, construction or designated use of a building
for which a building permit has been heretofore issued and which entire
building shall be completed within six months from the date of the
passage of this ordinance. If any amendment to this ordinance is hereafter
adopted changing the boundaries of districts, the provisions of this
ordinance with regard to buildings, or premises existing or buildings
under construction or building permits issued at the time of the passage
of this ordinance, shall apply to buildings or premises existing or
buildings under construction or building permits issued in the area
affected by such amendment at the time of the passage of such amendment.
(Ordinance 547 adopted 6/21/1965)
A. The district
boundary lines shown on the zoning district map are along streets,
alleys, property lines or extensions thereof. However, when the location
of a district boundary line is not otherwise determined, it shall
be determined by measurement using the scale of the map.
B. Whenever any
street, alley or other public way is vacated by official action of
the city council, the zoning district adjoining each side of such
street, alley or public way shall be automatically extended to the
center of such vacation and all area included in the vacation shall
then and henceforth be subject to all regulations of the extended
districts.
(Ordinance 547 adopted 6/21/1965)
A. The governing
body may from time to time amend, supplement, or change by ordinance
the boundaries of the districts or the regulations herein established.
B. Before taking
action on any proposed amendment, supplement or change, the governing
body shall submit the same to the city planning and zoning commission
for its recommendation and report.
C. A public hearing
shall be held by the governing body before adopting any proposed amendment,
supplement or change. Notice of such hearing shall be given by publication
three times in the official publication of the City of Crosbyton,
stating the time and place of such hearing, which time shall not be
earlier than 16 days from the first date of publication.
(Ordinance 547 adopted 6/21/1965)
Certain words in this ordinance are defined for the purposes
herein as follows:
1. Words used
in the present tense include the future; words in the singular number
include the plural number; the words in the plural number include
the singular number; the word “building” includes the
word “structure”; the word “lot” includes
the word “plot”; the word “shall” is mandatory
and not discretionary.
2. Accessory
building:
(a) In a
residence or apartment district, a subordinate building, attached
to or detached from the main building, not used for commercial purposes.
(b) In other
districts, a subordinate building, the use of which is incidental
to and used only in conjunction with the main building.
3. Alley:
A public space or thoroughfare which affords only secondary
means of access to property abutting thereon.
4. Apartment:
A room or suite of rooms in an apartment house arranged, designed
or occupied as the residence by a single family, individual or group
of individuals.
5. Area of the
lot:
The area of the lot shall be the net area of the
lot and shall not include portions of streets and alleys.
6. Block:
An area within the city enclosed by streets and occupied by
or intended for buildings; or, if said word is used as a term of measurement,
it shall mean the distance along a side of a street between the nearest
two streets which intersect said street on said side.
7. Boardinghouse:
A building other than a hotel, where lodging and meals for five
or more persons are served for compensation.
8. Building:
Any structure built for the support, shelter and enclosure of
persons, animals, chattels or movable property of any kind.
9. Building
line:
A line parallel or approximately parallel to the
street line and beyond which buildings may not be erected.
10. Convalescent
home:
Any structure used for or occupied by persons recovering
from illness or suffering from the infirmities of old age.
11. Court:
An open, unoccupied space, bounded on more than two sides by
the walls of the building. An inner court is a court entirely surrounded
by the exterior walls of a building. An outer court is a court having
one side open to a street, alley, yard or other permanently open space.
12. Customary
home occupations:
A customary home occupation is an occupation
customarily carried on in the home by a member of the occupant’s
family without structural alterations in the building or any of its
rooms, without the installation of machinery other than that customary
to normal household operation or additional equipment[,] without the
employment of additional persons, without the use of a sign to advertise
the occupation and which does not cause the generation of additional
traffic in the street.
13. Depth of
rear yard:
The mean horizontal distance between the rear
line of a building other than accessory building and the rear lot
line and depth of a required rear yard is 20 percent of the depth
of the lot.
14. Depth of
lot:
The mean horizontal distance between the front and
rear lot lines.
15. Dwelling,
one-family:
A detached building having accommodations
for and occupied by not more than one family, or by one family and
not more than four boarders or lodgers.
16. Dwelling,
two-family:
A detached building having separate accommodations
for and occupied by not more than two families, or by two families
and not more than four boarders or lodgers. (Two boarders or lodgers
to each unit.)
17. Dwelling,
multiple-family:
Any building or portion thereof, which
is designed, built, rented, leased or let to be occupied as three
or more dwelling units or apartments or which is occupied as a home
or residence of three or more families.
18. Dwelling
unit:
A building or portion of a building which is arranged,
occupied or intended to be occupied as living quarters.
19. District:
A section of the City of Crosbyton for which the regulations
governing the area, height, or use of the buildings are uniform.
20. Family:
A family is any number of individuals living together as a single
housekeeping unit, in which not more than four individuals are unrelated
by blood.
21. Floor area:
The floor area of a building shall be measured by taking the
outside dimensions of the apartment building at each floor level excluding
basements.
22. Floor area
ratio:
The floor area ratio is the number resulting from
dividing the floor area of a structure by the total area of the site
on which the structure is located.
23. Height:
The height of a building or portion of a building shall be measured
from the average established grade at the street lot line or from
the average natural ground level, if higher or, if no street grade
has been established, to the highest point of the roof’s surface
if a flat surface, to the deck line of mansard roofs and to the mean
height level between eaves and ridge for hip and gable roofs. In measuring
the height of a building, the following structures shall be excluded:
chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water
towers, radio towers, ornamental cupolas, domes or spires, and parapet
walls not exceeding eight feet in height.
24. Hobby shop:
An accessory use housed in a dwelling or in an accessory building
in which the residents of the premises engage in recreational activities
and from which no revenue may be derived, in which no goods may be
publicly displayed, offered for sale, or advertised for sale, nor
may any sign be used in connection therewith.
25. Hospital:
An institution or place where sick or injured inpatients are
given medical or surgical care.
26. Hotel and
motel:
A building or arrangement of buildings designed
and occupied as a temporary abiding place of individuals with no provisions
for cooking in individual rooms or apartments, and in which there
are more than 12 sleeping rooms, a public dining room accommodating
more than 12 guests and a central kitchen.
27. Lodging
house:
A building other than a hotel, where lodging for
five or more persons is provided for compensation.
28. Lot:
Land occupied or to be occupied by a building and its accessory
building, and including such open spaces as are required under this
ordinance, and having its principal frontage upon a public street
or officially approved place.
29. Lot coverage:
The percentage of the total area of a lot occupied by the base
(first floor) of buildings located on the lot.
30. Lot lines:
The lines bounding a lot as defined herein.
31. Lot of
record:
A lot which is part of a subdivision, the plat
of which has been recorded in the office of the County Clerk of Crosby
County, or a parcel of land, the deed for which was recorded in the
office of the County Clerk of Crosby County prior to June 21, 1965.
32. Nonconforming
use:
A building, structure or use of land lawfully occupied
at the time of the effective date of this ordinance or amendments
thereto, and which does not conform to the use regulations of the
district in which it is situated.
33. Open space:
Area included in any side, rear or front yard or any unoccupied
space on the lot that is open and unobstructed to the sky except for
the ordinary projection of cornices, eaves or porches.
34. Parking
space:
An area of not less than 180 square feet (measuring
approximately nine feet by 20 feet) not on a public street or alley,
surfaced with an all-weather surface, enclosed or unenclosed, together
with an all-weather surfaced driveway connecting the parking space
with a street or alley permitting free ingress and egress, in any
dwelling, duplex or apartment district but shall not include the parking
of trucks or buses for commercial purposes. Head-in parking adjacent
to a public thoroughfare wherein the maneuvering is done on public
streets shall not be classified as off-street parking in computing
the parking requirements for any use.
35. Recreational
Vehicle:
A self-propelled or towed wheeled vehicle that
is designed for use as a dwelling for humans, has or is eligible for
a vehicle registration by an issuing state, and does not meet federal
specifications to be manufactured housing. It also includes a Tiny
House, cargo container, or other structure mounted upon wheels or
loaded upon a trailer to be used as a human dwelling or residences.
36. Story,
standard:
One having 11 feet six inches between floors.
37. Street:
Any thoroughfare or public driveway, other than an alley, and
more than 40 feet in width, which has been dedicated or deeded to
the public for public use.
38. Street
line:
A dividing line between a lot, tract or parcel
of land and a contiguous street.
39. Structural
alterations:
Any change in the supporting member of a
building, such as a bearing wall, column, beams or girders.
40. Tiny House:
A structure (including a cargo shipping container or similar
structure) of no greater than 900 square feet of area, excluding porch
area, which is designed and occupied or intended to be occupied as
a human dwelling or residence, whether mounted on wheels or affixed
to the ground.
41. Trailer
camp or park; RV Park:
An area designed, arranged or
used of [for] the parking or storing of one or more trailers, Recreational
Vehicles, or other wheeled vehicles which are occupied or intended
for occupancy as temporary living quarters by humans.
42. Width of
side yard:
The mean horizontal distance between a side
wall of a building and the side line of the lot, or to the centerline
of an alley adjacent to such side lot line.
43. Yard:
An open, unoccupied space other than a court, on the lot in
which a building is situated and which is unobstructed from the ground
to the sky.
44. Yard, front,
required:
An open, unoccupied space on a lot facing a
street and extending across the front of a lot between the side yard
lines and being the minimum horizontal distance between the street
line and the building line specified for each district.
45. Yard, rear,
required:
The required rear yard is an open space extending
across the rear of a lot from one side lot line to the other side
lot line and having a depth of 20 percent of the depth of the lot.
46. Yard, side,
required:
An open, unoccupied space on the same lot with
a building, situated between the building and side line of the lot
and extending through from the front yard to the required rear yard.
Any lot line not the rear line or a front line shall be deemed a side
line.
(Ordinance 547 adopted 6/21/1965; Ordinance 11-2017-01, sec. 1, adopted 11/21/2017)
That any person violating any of the provisions of this ordinance,
shall upon conviction, be fined in any sum not exceeding $2,000.00;
and each and every day that the provisions of this ordinance are violated
shall constitute a separate and distinct offense. That in addition
to the said penalty provided for, the right is hereby conferred and
extended upon any property owner owning property in any district,
where such property owners may be affected or invaded, by a violation
of the terms of the ordinance, to bring suit in such court or courts
having jurisdiction thereof and obtain such remedies as may be available
at law and in equity in the protection of the rights of such property
owners.
(Ordinance 547 adopted 6/21/1965)
If any section, paragraph, subdivision, clause, phrase or provision
of this ordinance shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this ordinance as a whole
or any part or provisions thereof other than the part so decided to
be invalid or unconstitutional.
The fact that the present zoning regulations are inadequate
to properly safeguard the general public welfare, health, peace and
safety, creates an urgency and an emergency, and requires that this
ordinance become effective immediately upon its passage, and it is
accordingly so ordained.
(Ordinance 547 adopted 6/21/1965)
1. Created;
composition; appointment of members.
There is hereby
created a city planning and zoning commission to be composed of 11
members, appointed by a majority vote of the city council.
2. Qualifications
and terms of members; filling vacancies.
The members
of the city planning and zoning commission shall be resident citizens,
taxpayers and qualified voters and shall be appointed to serve for
three-year staggered terms. The term of office shall begin on January
1 of the year of appointment, except in the filling of vacancies and
unexpired terms. All vacancies occurring shall be filled by appointment
by a majority vote of the city council. All vacancies occurring by
the reason of expiration of a term shall be filled by appointment
by a majority vote of the city council and such appointment shall
be for a three-year term.
3. Organization;
selection of officers; meetings; rules of procedure; records; quorum.
The members of the city planning and zoning commission shall
organize and select their officers and shall hold meetings regularly
at least once in each month and shall designate the time and place
of such meetings. The city planning and zoning commission shall adopt
its own rules of procedure and keep a record of its proceedings. Six
members of the commission shall constitute a quorum for the transaction
of business.
4. Powers and
duties generally.
(a) The city
planning and zoning commission shall procure information and make
recommendations to the city council and shall cooperate with all boards
and other agencies as to all facts bearing upon the needs of the city
with regard to recreation grounds, the development and improvement
of parks and the improvement of drainage, the extension or opening
of streets and avenues and other public ways or places and city plans
and improvements generally.
(b) The city
planning and zoning commission shall formulate a plan to regulate
and restrict the location of trades and industries and the location
of buildings designed for specific uses, and also regulate and limit
the height and bulk of buildings, and to effect such purposes, it
shall divide the city into zones of such numbers, shape and area as
may seem best to carry out a definite plan for the betterment of the
city and submit the same to the city council for approval or rejection.
In performing such duties the commission shall function as provided
under V.T.C.A., Local Government Code ch. 211.
(c) The city
planning and zoning commission shall recommend to the city council
whether property should be acquired and also whether or not any change
should be made in the width or length of any street.
(d) The city
planning and zoning commission shall cooperate with and advise the
city council with respect to any plan for the location or change of
public buildings, bridges, approaches or other structures erected
by the city.
(e) The city
planning and zoning commission shall keep itself informed with reference
to the progress of city planning in this and other countries and shall
make studies and recommendations for the improvement of the plan of
the city with a view to the present and future movement of traffic,
the convenience, health, recreation, safety, general welfare and needs
of the city, dependent upon the city plan. The city planning and zoning
commission shall consider and report to the city council with reference
to all facts bearing on the designs and their relations to the city
plan of all new public ways, lands, buildings, bridges, improvements
of drainage, extension or opening of streets and avenues.
(f) The city
planning and zoning commission shall provide plans for all original
landscape work to be done by the city on streets.
(g) The city
planning and zoning commission shall pass upon and recommend to the
city council whether or not plats of land and proposed plats of land
within the city or coming under the city’s jurisdiction should
be accepted and shall formulate and furnish to the city council regulations
governing the platting or additions for the guidance of the public.
(h) It is
contemplated in this article that the city planning and zoning commission
shall act as an advisory board to the city council relating to all
nature of zoning, public improvements, civic improvements, city planning,
opening, widening and changing the streets, routing of public utilities,
and the controlling and regulating of traffic upon the public streets
and ways of the city and such other matters relating to civic improvements
as such commission may deem beneficial and to the interest of the
city.
5. Compensation
and expenses.
The members of the city planning and zoning
commission shall serve without compensation and whenever it is deemed
necessary by such commission to incur any expense in performing the
duties assigned to such commission, an estimate of such proposed expenses
shall be submitted to the city council, and no debts of any kind or
character shall be made or incurred by the commission or anyone acting
for such commission unless such expenditures have been specifically
authorized by the city council prior to the time such obligations
are incurred.
(Ordinance 547 adopted 6/21/1965)