No land, building, structure, or improvement shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, coverage, yard, space, and other requirements established in the district in which such land, building, structure, or improvement is located, and such use is authorized, except as provided by Article V, Nonconformities.
(Ordinance 748 adopted 6/22/04)
It is intended that these regulations be interpreted as not permitting a dwelling unit to be located on the same lot with or within a structure used or intended to be used primarily for nonresidential purposes except that one accessory residential unit may be provided for a night watchman, motel manager, or similar purpose where essential to the main use of the lot.
(Ordinance 748 adopted 6/22/04)
An improved lot shall not hereafter be divided into two or more lots unless all lots resulting from such division comply with all the applicable yard, space, area, parking and loading regulations of the zoning district in which located.
(Ordinance 748 adopted 6/22/04)
No building, structure, or improvement shall be permitted to encroach upon required yard spaces set forth in the provisions of this ordinance; provided, however, that surfaced parking facilities, signs, fences, and gasoline pumping service units may be permitted to occupy required yard space unless otherwise prohibited in those districts permitting such improvements and provided that no inoperative vehicle may be stored in the front yard of a lot in a residential district.
Fencing no taller than 4 feet in height may be used past front building line, to a line extending no closer than 10 feet from the front property line. ONLY Screening alternates A, B, C, E, or F may be used past front building line in accordance with section 407.3.
(Ordinance 748 adopted 6/22/04)
No principal building shall hereafter be constructed on a lot, which does not abut a public dedicated street.
(Ordinance 748 adopted 6/22/04)
Commercial vehicles and trailers of all types, including travel, camping and hauling, and manufactured homes shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions:
1. 
No more than one (1) commercial vehicle, which does not exceed one and one-half (1-1/2) tons rated capacity, per family living on the premises shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline, or liquefied petroleum products be permitted.
2. 
No more than one (1) camping or travel trailer or hauling trailer per dwelling unit on the premises shall be permitted, and further provided that said trailer shall not be parked or stored for more than seventy-two (72) hours unless it is located behind the front yard building line. A camping or travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in any area within the incorporated limits except in a manufactured home park authorized under the ordinances of the City of Spearman, Texas, except as provided for in Section 405.2, also camping or travel trailers may be used as temporary quarters for no more than ten (10) days per quarter to allow for overnight visitors.
3. 
A HUD-Code Manufactured Home shall be parked or stored only in a HUD-Code Manufactured Home park which is in conformity with ordinances of the City of Spearman, Texas or in HUD-Code Manufactured Home Residential District, (R-M) as set forth in Section 604 of this ordinance. As a special exception to this Zoning Ordinance, a HUD-Code Manufactured Home may be placed in any other districts in the corporate limits of the City of Spearman after proper process of public hearing and approval by the Board of Adjustment. A HUD-Code Manufactured Home may also be placed on a lot previously occupied by a mobile home within 60 days of removal of the prior dwelling. After said 60 days, proper process of public hearing and approval by the Board of Adjustment must be obtained.
(Ordinance 748 adopted 6/22/04)
Commercial vehicles and trailers of all types may be displayed in such commercial districts allowing sales of said vehicles or in such industrial districts allowing their manufacture; provided, however, said vehicles may not be used for dwelling purposes either temporarily or permanently except in a manufactured home park authorized under the ordinance of the City of Spearman, Texas.
(Ordinance 748 adopted 6/22/04)
It is the intent of these requirements that adequate parking and loading facilities be provided on the off-the-street areas for each use of land within the City of Spearman. Requirements are intended to be based on the demand created by each use. These requirements shall apply to all uses in all districts.
(Ordinance 748 adopted 6/22/04)
Off-street parking space may be a part of the required open space associated with the permitted use, unless otherwise prohibited; provided, however, the off-street parking requirements shall not be reduced or encroached upon in any manner.
(Ordinance 748 adopted 6/22/04)
The off-street parking lot shall be located within two hundred (200) feet, exclusive of street and alley widths, of the principal use and shall have direct access to a street or alley.
(Ordinance 748 adopted 6/22/04)
Whenever two or more uses are located together in a common building, shopping center or other integrated building complex, the parking requirements may be complied with by providing a permanent common parking facility, cooperatively established and operated, which contains the requisite number of spaces, for each use. Owners of two or more businesses and/or other uses on separate lots may jointly provide for their individual parking needs through a joint facility and/or facilities, provided that the total number of spaces so provided shall not be less than the sum of the individual requirements and that each business and/or other use is within two hundred (200) feet of the parking facility.
(Ordinance 748 adopted 6/22/04)
The size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than ten (10) feet by twenty (20) feet plus adequate area for ingress and egress.
(Ordinance 748 adopted 6/22/04)
Off-street parking and loading facilities shall be provided in all districts in accordance with the following schedule:
1. 
Dwelling, single-family or duplex: two (2) parking spaces for each separate dwelling unit measuring 1350 square feet or more within the structure, and an additional one half (1/2) space per bedroom, over two bedrooms, rounded up to the next whole number.
2. 
Dwelling, multifamily: the number of spaces provided shall not be less than one and one-half (1-1/2) times the number of units in the dwelling.
3. 
Boarding or rooming house or hotel: one (1) parking space for each sleeping room.
4. 
Hospitals: one (1) space for each four patient beds, exclusive of bassinets, plus one (1) space for each staff or visiting doctor, plus (1) space for each three (3) employees including nurses, plus adequate area for the parking of emergency vehicles.
5. 
Medical or dental clinics or offices: six (6) spaces per doctor plus one (1) space for each two (2) employees.
6. 
Convalescent or nursing home: one (1) space for each six (6) patient beds plus one (1) space for each staff or visiting doctor plus one (1) space for each two (2) employees including nurses.
7. 
Community center, theater, auditorium, church sanctuary: one (1) parking space for each four (4) permanent seats, based on maximum seating capacity, or each fifty (50) square feet of floor area in rooms without permanent seating but intended to be used for assembly purposes.
8. 
Convention hall, lodge, club, library, museum, place of amusement or recreation: one (1) parking space for each fifty (50) square feet of floor area used for assembly or recreation in the building.
9. 
Office building: one (1) parking space for each three hundred (300) square feet of gross floor area in the building, exclusive of the area used for storage, utilities and building service.
10. 
Commercial establishments not otherwise classified: one (1) parking space for each one hundred fifty (150) square feet of floor space used for retail trade in the building and including all areas used by the public.
11. 
Industrial establishments: one (1) off-street parking space for each five hundred (500) square feet of gross floor area or one (1) off-street parking space for each two (2) employees, whichever is greater, and one (1) loading or unloading berth for each twenty-five thousand (25,000) square feet or fraction thereof of gross floor area.
12. 
HUD-Code Manufactured Home: one (1) or more off-street parking space for each.
(Ordinance 748 adopted 6/22/04)
All parking spaces shall be surfaced and maintained in a manner that no dust will result from continuous use.
(Ordinance 748 adopted 6/22/04)
Whenever off-street parking lots for more than six (6) vehicles are to be located within or adjacent to a residential district, the following provisions shall apply:
1. 
All sides of the lot within or abutting the residential district shall be enclosed with screening alternates A or E as specified under Section 407.3 of not less than six (6) feet in height.
2. 
No parking shall be permitted within a front yard when the parking lot is located in a residential district.
3. 
Driveways used for ingress and egress shall be confined to and shall not exceed twenty-five (25) feet in width, exclusive of curb returns.
4. 
All of the lot used for parking and driveway purposes shall be maintained in such a manner that no dust will be produced by continued use.
5. 
Whenever lighting is provided, it shall be arranged so that all light is deflected from adjoining residential uses.
6. 
No sign of any kind shall be erected except information signs used to guide traffic and to state the condition and terms of the use of the lots. Only nonintermittent white lighting of signs shall be permitted.
(Ordinance 748 adopted 6/22/04)
Mandated exceptions: To the extent required by state or federal law, a Personal Care Facility is an additional permitted use in any zoning district; provided that:
(1) 
Homes and residential units not designed and constructed in compliance with the ordinance and code requirements applicable to multiple occupancy residential buildings and nursing homes, shall meet the following requirements:
(a) 
The structure shall comply with provisions of the Fire Code, Electrical Code and Building Code that are applicable to nursing homes;
(b) 
There shall be two (2) parking spaces, plus one additional space for each three residents;
(c) 
There shall be not less than fifty square feet of living space within a sleeping room for each occupant assigned to such room;
(d) 
There shall not be less than 175 square feet of living area in the structure for each occupant/resident of the structure, and attendant on duty; and
(e) 
The structure and operations shall comply with the standards established by the Texas Department of Human Services as licensing standards for personal care facilities for a type B facility.
(2) 
The Home must meet all applicable State licensing requirements;
(3) 
A Personal Care Facility must have at least one paid staff member on duty 24 hours per day, and one supervisor for each six (6) residents during waking hours;
(4) 
A Personal Care Facility may not have more than fifteen (15) residents.
(Ordinance 748 adopted 6/22/04)
The purpose of the screening requirements are to encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses and to prescribe herein for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards.
(Ordinance 748 adopted 6/22/04)
Where the side or rear of a mobile or manufactured home district or a commercial district use is adjacent to a single-family or general-family residential district, screening shall be erected separating the use from the adjacent residential district, said screening shall be in accordance with screening alternates A ,E or G.. Where a commercial district use is adjacent to a light or heavy industrial use, screening shall be erected separating the use from the industrial use and said screening shall be in accordance with screening alternates A, B, C, D or E.
(Ordinance 748 adopted 6/22/04)
Under various zoning districts and circumstances, screening is required, see Section 403.1 for restrictions on screening extending past front building line. The following are the approved types of screening as referred to in various places in this ordinance:
Screening Alternate A - screening shall consist of a solid masonry or concrete wall not less than six (6) feet nor more than eight (8) feet in height measured from the average grade of the nearest property line of the property adjacent to that on which the screening is required.
Screening Alternate B - shall consist of a hedgerow of evergreen shrubs of a variety, which will normally grow to a height not less than six (6) feet nor more than eight (8) feet in height. All plants shall have a minimum height at the time of planting of one-half (V2) of the required screening height.
Screening Alternate C - shall consist of a concrete or masonry wall as specified in Alternate A of not less than four (6) six nor more than eight (8) feet in height measured from the average grade of the nearest property line of the property adjacent to that on which screening is required and evergreen trees. Such trees shall be a minimum of two (2) inches trunk diameter and shall be planted not more than thirty (30) feet on center.
Screening Alternate D - shall consist of landscaped earthen berms to a minimum height of six (6) feet. Side slopes of the berm shall have a minimum of two (2) feet of horizontal distance for each one foot of height. Berms shall contain necessary drainage provisions as required by the City. Landscaping shall consist of grass or ground cover and shall consist of ornamental vegetation.
Screening Alternate E - shall consist of a solid wood fence to a minimum height of not less than six(6) feet nor more than eight (8) feet in height measured from the average grade of the nearest property line of the property adjacent to that on which the screening is required. All wood used in fencing must be in like new condition.
Screening Alternate F - shall consist of a chain link fence with redwood slats of not less than six(6) feet nor more than eight (8) feet in height measured from the average grade of the nearest property line of the property adjacent to that on which the screening is required. All braces and supports shall be constructed on the interior.
Screening Alternate G - shall consist of colored sheet metal, of not less than 6 feet nor more than eight (8) feet in height measured from the average grade of the nearest property line of the property adjacent to that on which the screening is required. All braces and supports shall be constructed on the interior. Metal fencing must be of like color, as supplied by manufacturer, and shall be in like-new condition. Galvanized metal may not be used.
(Ordinance 748 adopted 6/22/04)
All screening shall be maintained by the owner of the lot containing the use requiring the construction of the screening. All required screening materials shall be maintained in a neat and orderly manner at all times. This shall include, but not be limited to pruning, fertilizing, watering, mowing, weeding, and other such activities common to the maintenance of landscaping. Appropriate facilities for watering any plant material shall be installed at time of planting. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All plant material, which dies, shall be replaced with plant material of similar variety and size. Failure to maintain after notice by the city manager shall constitute an offense hereunder.
(Ordinance 748 adopted 6/22/04)
No structure or use in any district shall be erected or commenced which does not have a connection to the public sewer system.
(Ordinance 748 adopted 6/22/04)
No carport in any residential district may enclose or cover with any material more than one-third (1/3) of any side or the rear of the carport as measured from the roof of the carport. No carport may extend more than twenty-one (21) feet from the front of the principal building and no closer than ten (10) feet from property line. The side setback is five (5) feet on interior lots and ten (10) feet on the street side of corner lots.
(Ordinance 887 adopted 11/17/15; Ordinance 957 adopted 11/15/2022)
In any district no land shall be used in any manner other than in compliance with the performance standards herein set forth. All activities involving and all storage of inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate fire fighting and fire suppression equipment and devices, standard in the industry. Burning of waste materials in open fires is prohibited.
(Ordinance 748 adopted 6/22/04)
No activities shall be permitted which emit dangerous radioactivity at any point or electrical disturbance. All applicable State and Federal Regulation shall be complied with.
(Ordinance 748 adopted 6/22/04)
The installation of Mobile Homes for use or occupancy as a residential dwelling in the City of Spearman’s city limits is prohibited. This provision shall not apply to any mobile homes used and occupied as residential dwellings in the City on the effective date of this Section. Mobile homes used and occupied as residential dwellings on the effective date of this Section shall be deemed to be lawful nonconforming use, and such use may continue until discontinued, abandoned, or terminated as provided herein. If the nonconforming mobile home use is abandoned or discontinued for a period of sixty (60) or more days, any future use of the structure and land or portion thereof shall conform with the provisions of this Section. If a nonconforming mobile homes is not occupied for a period of sixty (60) or more days, said use is deemed to be abandoned by operation of law. If a nonconforming mobile home is destroyed or damaged to an extent greater than fifty (50) percent of its fair market value by fire, explosion, act of God, or other cause, then any future use of the structure and land on which the mobile home was situated shall conform to the provisions of this Section. A nonconforming mobile home use shall not be enlarged, extended or expanded into any other portion of the land on which the nonconforming mobile home is situated. Nothing in this subsection is intended to prohibit normal repairs and maintenance of a nonconforming mobile home. If a nonconforming mobile home is removed from the parcel of land on which it is situated, any future use of the structure and land on which the mobile home was situated shall conform to the provisions of this Section.
(Ordinance 748 adopted 6/22/04)
No person shall install, place or located or cause to be installed, placed or located a HUD-Code Manufactured Home within the City that is greater than fifteen year of age at the time of installation. Proof of the age of the HUD-Code Manufactured Home shall be required to be filed with the City Secretary prior to installation, placement, or location of the home within the City.
(Ordinance 801 adopted 11/18/08)