Area directly contiguous with another area. Does not include areas that are separated by streets or alleyways.
A building for a use subordinate to the use of the principal building which subordinate use is, by custom of the neighborhood, incidental to the use of the principal building. An accessory building may never be used for living quarters.
A use customarily incidental appropriate, and subordinate to the principal use of a building or to the principal use of land and which is located upon the same lot therewith.
The use of land for agricultural purposes including farming, dairying, pasturage, horticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory shall be secondary to that of normal agricultural activities, and provided further that the above uses shall not include the commercial feeding of swine or other animals, stockyards or commercial feed lots for cattle.
A minor right-of-way dedicated to public use not more than twenty (20) feet wide affording a secondary means of access or abutting property and not intended for general traffic circulation.
An open area, other than a streets, used for the display, sales or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services including body, frame, or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.
Any area used for retail sale of gasoline or oil fuels or automobile accessories, and incidental services including facilities for lubricating, and washing and cleaning, but nor including painting, major repair, or the sale of butane or propane fuels.
A building or structure or chain conveyor, blowers, steam cleaners and other mechanical devices used primarily for the purpose of washing motor vehicles.
In describing the boundaries of a district, the word “block” refers to the legal description. In all other cases, the word “block” refers to the property abutting on one side of the street between two (2) intersecting streets or between an intersecting street and a railroad right-of-way or between an intersecting street and a watercourse.
Where meals or lodging are provided for persons other than the family or their relatives and excluding facilities for transient persons such as hotels, motels, inns and other such facilities.
The Board of Adjustment of the City of Spearman, Texas; also referred to as the “Board.”
Any structure having a roof supported by columns or walls that is used intended to be used for the shelter or enclosure of persons, animals, or property. Overhanging areas of a structure are considered part of the structure for zoning purposes. Carports are exempt from 25' building line, Carports may extend to 10 feet from front property line.
The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the decline of a mansard roof, or the average height of the highest fable of a pitch or hip roof.
A line established beyond which no part of a building shall project, except as otherwise provided by this ordinance.
A building or buildings in which the principal use of the building site is conducted. In any Residential District, any dwelling shall be deemed to be the principal building on the building site.
Any sign announcing the activities of an educational, religious, institutional or similar use.
A roofed accessory building open on three (3) sides when attached to the principal building and open on four (4) sides when detached from the principal building, covered with a roof supported by structural steel, wood columns, or masonry piers. Sides may extend from top no more than one-third of total height.
Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes.
Any place, home or institution which received three or more children under the age of sixteen years for care apart from their natural parents, legal guardians or custodians, and received for regular period of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this State, custody of children fixed by a court, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children within their institutional building while their parents or legal guardians are attending services or meetings or classes and other church activities.
The official legislative body of the City of Spearman, Texas.
The Spearman Planning and Zoning Commission, also referred to as “Planning and Zoning Commission.”
A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those in need of surgical or medical attention but who are not customarily provided with board and room or kept overnight on the premises.
A nonprofit association of persons who are bona fide members, paying regular dues, and organized for some common purpose, but nor including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
the official city plan of the City of Spearman, Texas, also refers to the specific document, “General Plan, Spearman, Texas”.
Also, a nursing home, a rest home; a home for the aged, recuperating, chronically ill, or incurable persons, in which two (2) or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury.
The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.
Any establishment, whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design, method of operation, or any portion of whose business include one or both of the following characteristics:
Foods, frozen desserts, or beverages are served directly to the customer in a motor vehicle either by a carhop or by other means which eliminate the need for the customer to exit the motor vehicle.
The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is encouraged or permitted.
Any building or portion thereof designed or used as a residence of one or more person, but not including a tent, cabin, trailer coach, manufactured, boarding or rooming house, hotel or motel.
A building containing one dwelling unit and designed for or used exclusively by one (1) family.
A building containing two dwelling units and designed for or used exclusively by two (2) families; also included the word “duplex.”
A building or portion thereof containing three or more dwelling units and designed for or used by three (3) or more families; also includes the word “apartments.”
A room or group of rooms arranged, intended or designed as a habitable unit, containing kitchen, bath and sleeping facilities for not more than one family living independently of any other family.
The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewer, pipes, conduits, and other similar equipment and accessories thereof, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but nor including buildings.
A person living alone or two or more persons related by blood or marriage, living together as a single housekeeping unit, using a single facility in a dwelling unit, for culinary purposes, as distinguished from a group occupying a boarding house, lodging house, hotel, motel, fraternity house, or sorority house.
The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of the exterior walls or from the center lines of walls separating two buildings.
The lineal measurement of a lot boundary which is abutting a street. Garage apartment: A dwelling for one (1) family erected as a part of a private garage.
Any building or portion thereof used for the storage of four or more automobiles in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided.
The structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repairing or refinishing of any vehicles.
A detached accessory building or a portion of the principal building used or intended for use by the occupants of the premises for storage of passenger vehicles or trailers.
A building in which facilities are provided for the care, servicing, repair, or equipping of automobiles.
The vertical measurement of any structure on any parcel of land measured from the average elevation of the lot or parcel to the uppermost point of the structure.
Any occupation carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory building; provided that no trading and merchandising is carried on and in connection with which there is no display of merchandise or advertising sign other than one nonilluminated name plate, not more than two (2) square feet in area, attached to the main or accessory building, and no mechanical equipment is used except such is customarily used in purely domestic or household purposes. A tea room, restaurant, rest home, clinic, barber shop, beauty parlor, doctor’s or dentist’s office, child care center, tourist home or cabinet shop, metal shop, lawnmower repair, or auto repair garage shall not be deemed a home occupation.
See “Medical Facilities.”
A building in which members of the public obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast. The term does not include:
a hospital, sanitarium, or nursing home; or
a dormitory or other housing facility owned or leased and operated by an institution of higher education or a private or independent institution of higher education as those terms are defined by Section 61.003, Education Code, used by the institution for the purpose of providing sleeping accommodations for persons engaged in an educational program or activity at the institution.
A complete living unit, manufactured at a location away from the lot on which it will be located, as defined in Article 5221f of the Texas Revised Civil Statues.
Means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, hearing, air conditioning, and electrical systems. A manufactured home with dimensions that are less than the length and/or width specified in this paragraph shall not be allowed in a HUD-Code Manufactured Home Park, or any other area designated for HUD-Code Manufactured Home placement within the City of Spearman, Texas. |
Storage, repair, manufacture, preparation or treatment of any article, substance, or any commodity for commercial use.
Those uses organized, established, used or intended to be used for the promotion of a public, religious, educational, charitable, cultural, social, or philanthropic activity and normally operated on a nonprofit basis.
A place where waste, discarded or salvage materials are bought, sold, exchanged, bailed, packed, disassembled or handled, including all wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural uses that are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvage material incidental to manufacturing operation.
Any structure or premises on which three (3) or more dogs over four (4) months of age are kept.
A space on the same lot as the principal use of at least ten (10) feet in width and thirty (30) feet in length and having a vertical clearance of at least fourteen (14) feet, designated for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this ordinance, and having access on a public street.
A lot which has at least two adjacent sides abutting on a street, provided that the interior angle at the intersection of such two sides is less than one hundred thirty-five (135) degrees.
The mean horizontal distance between the front and rear lot lines.
a lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot.
A lot other than a corner lot. Lot line: Any boundary of a lot.
The boundary of a lot which abuts a public street. Where the lot abuts more than one street, the owner may select the front lot line.
The boundary of a lot which is most distant from and most nearly parallel to the front lot line.
Any boundary of a lot which is not a front lot line or a rear lot line.
A lot situated so that the front is either wider or narrower than the rear of the lot.
A separate and distinct parcel designated on a legally recorded subdivision plat or a legally recorded deed filed in the records of Hansford County, State of Texas.
The average elevation of a lot.
Nursing home, rest or convalescent homes: See “Convalescent Home”.
Dental or Medical Clinic: A building used for the examination and treatment of the physically ill, provided that no facilities are provided for patients remaining overnight except under emergency conditions, except as provided for in Section 405.2.
Dental or Doctor’s Office: The same as dental or medical clinic, including the various dental and medical specialties.
Hospital: An institution providing physical and mental health services primarily for human in-patient medical or surgical care for the sick or injured, and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities.
Public health center: A facility primarily utilized by a health unit for providing public health services, including related facilities.
A structure that was constructed before June 15, 1976, transportable in one or more Sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, hearing, air-conditioning, and electrical systems. Mobile homes shall not be allowed in a HUD-Code Manufactured Home Park.
A parcel of land under single ownership which has been planned and improved for placement of manufactured homes to be occupied as residences.
A portion of a manufactured home park allocated to the exclusive use of the occupants of a single manufactured home.
An area containing one (1) or more buildings designed or intended to be used as temporary sleeping facilities of one (1) or more transient persons who stay for less than a 30 day period.
Area included in any side, rear, or front yard, or any other unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices and eaves of porches.
A lot as herein defined.
A permanently surfaced area of not less than two hundred (200) square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of motor vehicles.
A facility that provides supervised living arrangements for persons with physical or mental disability, which by reason of federal or state law, is not subject to limitations set forth in deed restrictions or single family zoning districts. This definition includes a community-based residential home operated by:
The Texas Department of Mental Health and Mental Retardation
a community center operated under Section 3.01, Texas Mental Health and Mental Retardation Act (Article 5547-203 VATCS), which provides services to disable persons;
a nonprofit corporation, or
any entity certified by the Texas Department of Human Resources as a provider under the intermediate care facilities for the mentally retarded program. This definition includes homes for the handicapped as defined in 42 U.S.C. Sec. 3602(h).
See “City Planning and Zoning Commission”.
Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation includes one or both of the following characteristics:
Customers, normally provided with an individual menu, are served their foods, frozen desserts, or beverages by a restaurant employee at the same table or counter at which said items are consumed.
A cafeteria-type operation where foods, frozen desserts, or beverages generally are consumed within the restaurant building.
See “Boarding House”.
A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device, and appurtenances, shall be used to transmit, and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to what are commonly referred to as satellite earth stations and satellite microwave antennas. Any satellite dish with words, numbers, figures, devices, designs, trademarks, other than manufacturers and/or installers trademarks, or other symbols which attract attention to or make known such things as an individual, firm, profession, business, commodity or service and which are visible from any public street is a sign and is subject to the provisions and restrictions regulating outdoor advertising. Satellite dishes with a diameter no larger than 48" will be permitted.
A line that marks the setback distance from the property line, and establishes the minimum required front, side or rear yard space of a building plot.
Any business activity whether in public, semi-public or private premises, which offers the opportunity to feel, handle, touch, paint, be in the presence of, or be entertained by the unclothed body or the unclothed portion of the body of another person, or to observe, view, or photograph any such activity. Except as specifically provided otherwise herein, nothing in this section is intended to regulate:
Any business operated by or employing psychologists, physical therapists, athletic trainers, licensed masseuse, cosmetologists, or barbers, license by the State of Texas, performing functions authorized under the licenses held.
Any business operated by or employing physicians, osteopaths, chiropractors or nurses, licensed by the State of Texas, engaged in practicing the healing arts.
Any retail establishment whose major business is the offering of wearing apparel for sale to the customer.
Sexually Oriented Businesses furthermore include, but are not limited to, the following: | ||
A. | Adult Bookstore/Film Store. An establishment or commercial enterprise having 10% or more of its stock in trade; videos, tapes, cassettes, photographs, books, magazines and other periodicals which are distinguished by a predominant emphasis on matters(s) depicting, describing, or relating to “specific sexual activities” or “specified anatomical areas” as defined below. | |
B. | Movie Arcade. Any business wherein is operated a film or videotape viewing device. A film or videotape viewing device or booth subject to these provisions is defined as: | |
1. | Viewing booths/Arcades--an establishment of commercial enterprise which has within its structure any electrical or mechanical device, which projects or displays any film, videotape, or reproduction into a viewing area obscured by a curtain, door, or wall or other enclosure which is designed for occupancy by no more than five (5) persons, and is used for presenting material distinguished or characterized by a predominant emphasis on matters depicting, describing, ore relating to “specified sexual activities” or “specified anatomical areas” for observation by five (5) or fewer persons. | |
2. | Adult Motion Picture Theater--An establishment of commercial enterprise which has a closed building with a capacity of more than five (5) persons and is used for presenting material distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons. | |
C. | Adult Cabaret: an establishment whose portion of business is the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, including but not limited to dancing, posing, modeling, acting, and which is distinguished by or characterized by a predominant emphasis of matter depicting, describing, or relating to “specified sexual activities,” or “specified anatomical areas.” | |
D. | Adult Encounter Parlor. An establishment whose business consists of premises where customers either congregate, associate, or consort with employees who engage in “specified sexual activities” with or in the presence of such customers, or who display “specified anatomical areas” in the presence of such customers, with the intent of providing sexual stimulation or sexual gratification to such customers. | |
E. | Adult Lounge. An “adult cabaret” as defined above which is permitted or licenses pursuant to the Alcoholic Beverage Code where alcoholic beverages may be served or sold. | |
F. | Adult Drive-In Theater. A drive-in theater used for presenting motion picture films, videocassettes, cable television, or any other such visual media, distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.” | |
G. | Adult Retail Store. A retail establishment in which: | |
1. | “Specified sexual activities” means human genitals in a state of sexual stimulation or arousal; or acts of human masturbation, sexual intercourse, sodomy, acts of bestiality; or fondling or other erotic touching of human genitals, pubic area, buttock or female breast. | |
2. | “Specified anatomical areas” means less than completely and opaquely covered human genitals or pubic area; buttock; or female breast below a point immediately above the top of the areola; and human genitals in a discernibly erect state, even if completely and opaquely covered. | |
3. | “Stock in trade” means the total volume or number of items, products or equipment available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons | |
4. | Ten percent or more of the “stock in trade” consists of items, products or equipment distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”; or | |
5. | Any person is excluded by virtue of age from all or part of the premises generally held open to the public where products or equipment distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.” | |
An outdoor structure, sign, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform.
The net geometric area of the surface of the sign upon, against or through which the message is displayed or illustrated, including the outward extremities of all letters, figures, characters and delineations, provided that only one face of a double-faced sign shall be included in the computation of display surface area.
A sign designed to give forth any artificial light, or designed to reflect light from one or more sources, natural or artificial.
A sign erected on the face or outside wall of a building, which projects out at any angle therefrom.
Signs of temporary nature used to advertise the premises for sale, rent, or lease.
That portion of a building 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.
A public right-of-way more than thirty (30) feet in width which provides the primary public means of access to abutting property and used primarily for vehicular circulation.
Any street designated on the Thoroughfare Plan as a primary arterial, secondary arterial, or collector street.
Any street not designated on the Thoroughfare Plan as an “Arterial Street”.
Any change in the structural members of a building, such as walls, columns, beams or girders.
Any thing constructed, the use of which required permanent location on the ground or attachment to something having a permanent location on the ground (not including sidewalks, driveways and similar improvement areas).
The part of the Comprehensive Plan referring to transportation development goals, principles, and standards; also includes use of the words “Major Street Plan” and “Trafficways Plan”.
A portable or mobile unit, other than a mobile or manufactured home, used or designed to carry or transport material or animals.
A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling and to be carried in or towed behind a motor vehicle, or motorized on a chassis, and not to be misconstrued as a mobile or manufactured home. A Travel Trailer shall not be considered as a permanent residence.
Any premises on which one or more pickup coaches or travel trailers are parked or situated and used for the purpose of supplying to the public a parking space for one or more such coaches or trailers.
A veterinarian licensed by the Texas State Board of Veterinary and Medical Examiners to perform medical treatment of animals.
Services performed by a veterinarian licensed by the Texas State Board of Veterinary and Medical Examiners to perform medical treatment of animals.
A yard extending across the full width of a lot from side lot line to side lot line abutting on a street, into which a building may not protrude.
A yard extending across the rear of a lot measured from side lot line to side lot line.
A yard extending from front yard to the rear yard abutting the side lot line, into which no building may protrude.
See “City Planning and Zoning Commission.”
(Ordinance 748 adopted 6/22/04)