This ordinance shall be known, and may be cited as the Zoning Ordinance of the City of Robstown, Texas.
(Ordinance 288 adopted 5/11/59; Ordinance 516, sec. 1, adopted 10/23/72)
ORDINANCE NO. 264
AN ORDINANCE FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, MORALS, OR THE GENERAL WELFARE OF THE COMMUNITY BY REGULATING AND RESTRICTING THE HEIGHT AND SIZE OF BUILDINGS AND OTHER STRUCTURES, SIZE OF YARDS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, THE LOCATION, ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR, AND USE OF ALL BUILDINGS, STRUCTURES AND LAND FOR RESIDENCE, TRADE, INDUSTRY, AND ALL OTHER PURPOSES; PROVIDING FOR THE AMENDMENT AND CHANGE IN SUCH REGULATIONS, RESTRICTIONS AND BOUNDARIES OF SUCH DISTRICTS OR ZONES; DEFINING CERTAIN TERMS; PROVIDING FOR A BOARD OF ADJUSTMENT AND METHOD OF PROCEDURE FOR APPEALS THERETO; PROVIDING FOR PROCEDURE FOR ALL OTHER PURPOSES; AND IMPOSING PENALTIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROBSTOWN, TEXAS:
The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting health, safety, morals, and the general welfare of the City of Robstown, Texas. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic, or other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. They have been made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City of Robstown, Texas.
(Ordinance 288 adopted 5/11/59; Ordinance 516, sec. 1, adopted 10/23/72)
For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular. The word “building” shall include the word “structure”; the word “lot” includes the word “plot”, and the word “shall” is mandatory and not merely permissive or directory.
1.
Accessory buildings and uses.
A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.
2.
Alley.
A public or private thoroughfare which affords only a secondary means of access to property abutting thereon.
3.
Apartment.
A room or suite of rooms in a multiple dwelling, or in a building in which more than one living unit is established above or on the same floor as nonresidential uses, which room or suite is intended, or designed for use as a residence by one family and which includes culinary accommodations.
4.
Apartment house.
A building or portion thereof used or designed as a residence for three (3) or more families living independently of each other, and doing their own cooking in said building, including apartments and apartment hotels.
5.
Boarding house.
A building, other than a hotel, where for compensation and by pre-arrangement for definite periods, meals or lodging and meals are provided for three (3) or more persons, but not exceeding twenty (20) persons.
6.
Building.
Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property.
7.
Clinic.
An office or group of offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms for the abiding of patients.
8.
District.
A section or sections of the City of Robstown, Texas, for which regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.
9.
Dwelling.
Any building or portion thereof which is designed and used exclusively for residential purposes.
10.
Dwelling, single-family.
A building having accommodations for and occupied exclusively by one (1) family.
11.
Dwelling, two-family or duplex.
A building having accommodations for and occupied exclusively by two (2) families.
12.
Dwelling, multiple.
A building having accommodations for and occupied exclusively by more than two (2) families.
13.
Family.
One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house, or hotel as herein defined.
14.
Filling station or service station.
Any building or premises used for the dispensing, sale, or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale, or offering for sale is incidental to the conduct of a public garage, or retail store, the premises are classified as a public garage or retail store.
15.
Frontage.
All the property on one side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of the street.
16.
Garage, private.
An accessory building or portion of the main use building; designed for or used for the housing of motor-driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located. Not more than one (1) of the vehicles may be a commercial vehicle and of not more than one and one-half (1-1/2) tons capacity.
17.
Garage, public.
A building or portion thereof, other than a private garage, designed or used for equipping, repairing, hiring, servicing, selling, or storing motor-driven vehicles.
18.
Grade.
(a)
For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
(b)
For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets.
(c)
For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five (5) feet from the street line shall be considered as adjoining the street. Where no sidewalk exists, the grade shall be established by the city building inspector. |
19.
Height of building.
The vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or the mean height level between the eaves and ridge for a gable, hip and gambrel roofs.
20.
Home occupation.
Any occupation or profession engaged in by the occupants of a dwelling not involving the conduct of a retail business, and not including any occupation conducted in any building on the premises excepting the building which is used by the occupant as his or her private dwelling. Home occupations shall include, in general, personal services such as furnished by an architect, lawyer, physician, dentist, musician, artist, and seamstress, when performed by the person occupying the building as his or her private dwelling and not including a partnership or the employment of more than one assistant in the performance of such services.
21.
Hotel.
A building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house, a lodging house, or an apartment which are herein defined.
22.
Lodging house.
A building or place where lodging is provided (or which is equipped to provide lodging regularly) by pre-arrangement for definite periods, for compensation, for three (3) or more persons in contradistinction to hotels open to transients.
23.
Lot.
A parcel of land occupied or intended for occupancy by a use permitted in this ordinance, including one (1) main building together with its accessory buildings, the open spaces and parking spaces required by this ordinance, and having its principal frontage upon a street or upon an officially approved place.
24.
Lot, corner.
A lot abutting upon two (2) or more streets at their intersection.
25.
Lot, depth of.
The mean horizontal distance between the front and rear lot lines.
26.
Lot, through or double frontage.
An interior lot having frontage on two (2) streets.
27.
Lot of record.
A lot which is a part of a subdivision, the map of which has been recorded in the office of the county clerk of Nueces County, Texas; or a parcel of land, the deed of which was recorded in the office of the county clerk of Nueces County, Texas, prior to the adoption of this ordinance.
28.
Nonconforming use.
Any building or land lawfully occupied by a use at the time of passage of this ordinance or amendment thereto, which does not conform after the passage of this ordinance or amendment thereto with the use regulations of the district in which it is situated.
29.
Parking space.
An area enclosed or unenclosed containing not less than one hundred and sixty (160) square feet exclusive of the driveways connecting said space with a street or alley. Said parking space and connecting driveway shall be durably surfaced and so arranged to permit satisfactory ingress and egress of an automobile.
30.
Place.
An open unoccupied space other [than] a street or alley permanently reserved as a principal means of access to abutting property.
31.
Story.
That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it; or if there be no floor above it then the space between the floor and the ceiling next above it.
32.
Street.
A public thoroughfare which affords the principal means of access to abutting property.
33.
Structure.
Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including, but without limiting the general inclusiveness of the foregoing, advertising signs, billboards, poster boards, and pergolas.
34.
Structural alterations.
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, girders, or any complete rebuilding of the roof or the exterior walls.
35.
Trailer.
Any structure used for living, sleeping, business, or storage purposes, constructed to be towed by a motor vehicle on its own chassis over roads and highways under special permit or license, connected to utilities and designed without a permanent foundation for year-round living as a trailer. The term trailer shall exclude camp cars, house cars, motorcar homes and pickup campers. Also excluded are camping trailers used expressly for hunting, fishing, or other form of recreation and which are not used for human habitation at any time inside the city limits. For the purposes of this ordinance a trailer is not a single-family dwelling and no house trailer shall be located, situated, or placed either temporarily or permanently within the city limits of the City of Robstown, Texas, except in designated trailer camps or trailer parks, and when trailers are sold by a dealer in a business or industrial zone.
36.
Trailer camp or trailer coach park.
A lot or tract of land where facilities and accommodations are provided by the day, week, month or for a longer period of time, for or without compensation, for two (2) or more trailers when such trailers are being used for human habitation.
37.
Tourist court.
(Auto courts, motels, or motor lodges.) A group of attached, semi-detached, or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists, or transients, with garage attached or parking space conveniently located to each unit and offering to the public daily as well as other longer term rental rates, and maintaining a register of guests and/or their vehicles.
38.
Yard.
An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the horizontal distance between the lot line and the main building shall be used.
39.
Yard, front.
A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than the projection of the usual steps, unenclosed balconies, or open porch.
40.
Yard, rear.
A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of a lot from the front yard.
41.
Yard, side.
A yard between the main building and the side line of the lot, and extending from the front lot line to the rear yard line.
(Ordinance 288 adopted 5/11/59; Ordinance 516, sec. 1, adopted 10/23/72)
For the purpose of regulating and restricting the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes, the City of Robstown, Texas, is hereby divided into districts, of which there will be seven (7) classes in number, and which shall be known as:
“R-1” First One-Family Dwelling District. |
“R-2” Second One-Family Dwelling District. |
“R-3” Duplex and Apartment District. |
“B-1” Neighborhood Business District. |
“B-2” Secondary and Highway Business District. |
“B-3” Central Business District. |
“I” Industrial District. |
The boundaries of the districts described above are shown on the map that is attached hereto and made a part of this ordinance, which map is designated as the “Zoning District Map”. Said district map and all notations, references, and other information shown thereon are made a part of this ordinance and shall have the same force and effect as if said map and said data thereon were fully set forth or described herein.
Editor’s note–The map is not included herein, but is on file in the office of the city secretary.
Said map shall, on its face, be identified and verified in the manner following: It shall bear the title “ZONING DISTRICT MAP OF THE CITY OF ROBSTOWN, TEXAS”; it shall bear even date with the passing of this ordinance; it shall bear the name of the mayor; and it shall be attested by the signature of the city secretary. The original of said map shall be kept in a proper place in the municipal building.
Whenever any street, alley, or other public way is lawfully vacated by the council of the City of Robstown, Texas, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacated area and thereafter all land included in said vacated area shall be subject to all applicable regulations of the extended districts.
All territory hereafter annexed to the City of Robstown, Texas, shall be classified as “R-1” first one-family dwelling district, until permanently zoned by the governing body of the City of Robstown, Texas. The city zoning and planning commission shall, as soon as practicable, after annexation of any territory to the City of Robstown, Texas, institute proceedings on its own motion to give the newly annexed territory permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.
Except as hereinafter provided:
1.
No building shall be erected, converted, enlarged, reconstructed, or structurally altered, and no building or land shall be used for any purpose that is not permitted in the district in which the building or land is situated.
2.
No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit herein established for the district in which the building is situated.
3.
No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area and parking regulations of the district in which the building is situated.
4.
The minimum yards and other open spaces, including lot area per family, required by this ordinance for each and every building existing at the time of the passage of this ordinance, or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced to an area less than the district requirements of this ordinance.
5.
Every building hereafter erected or structurally altered shall be on a lot as herein defined, and in no case shall there be more than one (1) main building on one (1) lot except as otherwise provided in this ordinance.
(Ordinance 305 adopted 4/11/60; Ordinance A-264, sec. I, adopted 8/14/06)
The following regulations shall apply to the “R-1” First One-Family Dwelling District:
A.
Use Regulations:
A building or premises shall be used only for the following purposes:
1.
Single-family dwellings.
2.
Church (except temporary revival).
3.
School, public or private, having a curriculum equal to a public elementary, high school, or institution of higher learning.
4.
Public parks, playgrounds, golf courses, public recreation and community buildings.
5.
Municipal buildings, nonprofit libraries or museums, police and fire stations.
6.
Farms, nurseries, truck gardens and greenhouses, provided no sales office is maintained.
7.
Customary home occupations.
8.
Accessory buildings and accessory uses customarily incident to the above uses (not involving the conduct of business), when located on the same lot, including a private garage for one or more cars, bona fide servants’ quarters not for rent or used for commercial purposes, and private club swimming pools except, however, any application for a building permit submitted to the building inspector for the construction of a private club swimming pool shall be referred by the building inspector to the city secretary who shall call a special hearing before the city council in the same manner and procedure as hearings before the board of adjustment.
9.
Signs:
a.
One unlighted sign, which shall not exceed one (1) square foot in area, indicating the name of the occupant or occupation of a customary home occupation, provided the sign is attached flatwise to the building.
b.
One sign, which shall not exceed eighteen (18) square feet, for church or school.
c.
One sign which shall not exceed four (4) square feet in area for temporary unlighted sign pertaining to the lease, hire, or sale of building or premises, provided the sign is immediately removed upon the lease, hire, or sale of such building or premises.
B.
Height Regulations:
No building shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height except as provided in Section 12 hereof.
C.
Area Regulations:
1.
FRONT YARD: There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be thirty (30) feet.
2.
SIDE YARDS: There shall be a side yard on each side of a building of not less than ten percent (10%) of the width of the lot, but such side yard need not exceed six (6) feet and shall not be less than five (5) feet.
3.
REAR YARD: The depth of the rear yard shall be at least thirty percent (30%) of the depth of the lot, but such depth need not be more than twenty (20) feet.
D.
Intensity of Use:
Every lot or tract of land shall have an area of not less than seven thousand five hundred (7,500) square feet and an average width of not less than sixty (60) feet, except that if a lot or tract should have less area or width than is herein required and its boundary lines along their entire length should touch lands under other ownership on the effective date of this ordinance and shall not have been changed since said date, such parcel of land may be used for a single-family dwelling.
E.
Additional Use, Height and Area Regulations:
Additional use, height, and area regulations and exceptions are found in Section 12 herein.
(Ordinance 305 adopted 4/11/60; Ordinance A-264, sec. I, adopted 8/14/06)
The following regulations shall apply to the “R-2” Second One-Family Dwelling District:
A.
Use Regulations:
A building or premises shall be used only for the following purposes:
1.
Any use permitted in the “R-1” First One-Family Dwelling District.
B.
Height Regulations:
No building shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height except as provided in Section 12 hereof.
C.
Yard Regulations:
1.
FRONT YARD: There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be twenty-five (25) feet.
2.
SIDE YARDS: There shall be a side yard on each side of a building of not less than ten percent (10%) of the width of the lot, but such side yard need not exceed five (5) feet and shall not be less than four (4) feet.
3.
REAR YARD: The depth of the rear yard shall be at least twenty-five percent (25%) of the depth of the lot, but such depth need not be more than fifteen (15) feet.
D.
Intensity of Use:
Every lot or tract of land shall have an area of not less than six thousand (6,000) square feet and an average width of not less than fifty (50) feet, except that if a lot or tract should have less area or width than is herein required and its boundary lines along their entire length should touch lands under other ownership on the effective date of this ordinance and shall not have been changed since said date, such parcel of land may be used for a single-family dwelling.
E.
Additional Use, Height and Area Regulations:
Additional use, height, and area regulations and exceptions are found in Section 12 herein.
(Ordinance A-264, sec. I, adopted 8/14/06)
The following regulations shall apply to the “R-3” Two-Family Dwelling and Apartment District:
A.
Use Regulations:
A building or premises shall be used only for the following purposes:
1.
Any use permitted in the “R-1” One-Family District.
2.
Two-Family or Duplex dwellings.
3.
Apartment houses or multiple-family dwellings.
4.
Boarding, lodging and rooming houses.
5.
Hospitals and clinics, excepting tubercular, liquor, narcotic, insane, and feeble-minded, or animal hospitals.
6.
Private clubs, fraternities, sororities, and lodges, excepting those the chief activity of which is a service customarily carried on as a business.
7.
Institutions of a religious, educational or philanthropic nature.
B.
Height Regulations:
No building shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height.
C.
Yard Regulations:
1.
FRONT YARD: There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be twenty-five (25) feet.
2.
SIDE YARDS: There shall be a side yard on each side of a building of not less than ten percent (10%) of the width of the lot, but such side yard need not exceed five (5) feet and shall not be less than four (4) feet.
3.
REAR YARD: The depth of the rear yard shall be at least twenty-five percent (25%) of the depth of the lot, but such depth need not be more than fifteen (15) feet.
D.
Intensity of Use:
Except as hereinafter provided, all dwellings hereafter erected, enlarged, relocated, or reconstructed, shall be located on lots containing the following areas:
1.
A lot on which there is erected a single-family dwelling shall contain an area of not less than six thousand (6,000) square feet.
2.
A lot on which there is erected a two-family dwelling shall contain an area of not less than seven thousand (7,000) square feet.
3.
A lot on which there is erected an apartment house or multiple-family dwelling shall contain an area of not less than one thousand eight hundred (1,800) square feet per dwelling unit.
4.
Where a lot or tract has less area than herein required and its boundary lines along their entire length touched lands under other ownership on the effective date of this ordinance and have not since been changed, such parcel of land may be used for a single-family dwelling.
E.
Parking Regulations:
Whenever a structure is erected, converted, or structurally altered for a two-family dwelling, or a multiple-family dwelling, one (1) parking space shall be provided and maintained on the lot for each dwelling unit in the building. Such parking space shall be on the lot and so arranged as to permit satisfactory egress and ingress of an automobile, and such parking area shall be in addition to driveways.
F.
Additional Use, Height, and Area Regulations:
Additional Use, Height, and Area Regulations and exceptions are found in Section 12 herein.
(Ordinance 310-A adopted 7/11/60; Ordinance A-264, sec. I, adopted 8/14/06)
The following regulations shall apply to the “B-1” Neighborhood Business District::
A.
Use Regulations:
A building or premises shall be used only for the following purposes:
1.
Any use permitted in the “R-3” Two-Family and Apartment House district.
2.
Advertising signs, when the same are attached to a building and advertise only services, articles or products which are offered within the building to which such sign is attached, and provided that such signs shall not extend above the outside walls of such building, nor more than one (1) foot from the face of the walls of such building, nor shall it contain an area of more than twelve (12) square feet. One freestanding sign not to exceed twenty-four (24) feet in height will be allowed in the front yard provided such sign does not exceed thirty (30) square feet in area.
3.
Automobile parking lots.
4.
Bakery, employing not more than five (5) persons.
6.
Garage (storage only).
7.
Filling station provided all storage tanks for gasoline shall be below the surface of the ground.
8.
Laundries, self-service.
9.
Ice retail distributing station, no manufacture, and capacity not to exceed five (5) tons storage.
10.
Job printing, provided total mechanical power used in operation of such printing plant shall not exceed five (5) horsepower:
11.
Lodge halls.
12.
Mortuaries.
13.
Offices.
14.
Radio repair and sales shops.
15.
Radio studios.
16.
Real estate office.
17.
Restaurant, cafes, and cafeterias.
18.
Stores and shops for the sale of products at retail only.
19.
Studio (Art, photo, music).
B.
Height Regulations:
No building shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height.
C.
Yard Regulations:
1.
FRONT YARD: There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be twenty (20) feet.
2.
SIDE YARDS: For uses permitted in the “R-3” District the side yard regulations for that district shall apply. For additional uses permitted in the “B-1” District no side yards are required except that on a corner lot the side yard on a street side shall be twenty (20) feet. Where a lot is used for any of the commercial purposes permitted in this district and abutting on the side of a lot in an “R-1”, “R-2”, or “R-3” district there shall be a side yard of not less than five (5) feet.
3.
REAR YARD: For uses permitted in the “R-3” District the rear yard shall be the same as in the “R-3” District. For all other uses a rear yard is not required except when it abuts upon an “R-1”, “R-2”, or “R-3” district in which case there shall be a rear yard of not less than ten (10) feet.
D.
Intensity of Use:
For uses permitted in the “R-3” District the minimum lot area and minimum lot width shall be the same as in the “R-3” District. There are no minimum lot area or lot width requirements for other uses.
E.
Parking Regulations:
1.
The parking regulations for dwellings are the same as those in the “B-3” [R-3] District.
2.
Where any structure is erected, reconstructed or converted for any of the business or commercial uses permitted in this section, parking spaces shall be provided in the ratio of not less than one (1) parking space for each two hundred (200) square feet of floor space in the building which is used for commercial purposes. Such parking space may be located on the same lot as the building or on an area within three hundred (300) feet of the building. Two (2) or more owners of buildings may join together providing this parking space.
F.
Additional Use, Height, and Area Regulations:
Additional Use, Height, and Area regulations and exceptions are found in Section 12 herein.
(Ordinance 288 adopted 5/11/59)
The following regulations shall apply to the “B-2” Secondary and Highway Business District:
A.
Use Regulations:
A building or premises shall be used only for the following purposes:
1.
Any use permitted in the “B-1” Neighborhood Business District.
2.
Automobile salesroom and accompanying service facilities.
3.
Automobile repair garage.
4.
Billboards and poster boards.
5.
Dance hall and skating rink.
6.
Frozen food locker plant.
7.
Moving picture house or theater.
8.
Laundry and cleaning.
9.
Tourist court or motel.
10.
Trailer camp or mobile homes court.
11.
Any retail business not included in the Neighborhood Business District, provided that such use is not noxious or offensive by reason or [of] vibrations, smoke, odor, dust, gas, or noise.
12.
Billiard or pool hall.
13.
Cleaning, pressing, and dyeing plants employing not more than five (5) persons each.
14.
Laundries, employing not more than five (5) persons on the premises.
15.
Taverns.
B.
Height Regulations:
No building shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height.
C.
Yard Regulations:
1.
FRONT YARD: For uses permitted in the “R-3” District, the front yard requirements for the “R-3” District shall apply. For other uses permitted in this district a front yard of twenty (20) feet in depth is required.
2.
SIDE YARDS: For uses permitted in the “R-3” District, the side yard requirements [for the “R-3” District] shall apply. For other uses no side yards are required.
3.
REAR YARD: For uses permitted in the “R-3” District, the “R-3” district regulations shall apply. There are no rear yard regulations for other uses.
D.
Intensity of Use:
For uses permitted in the “R-3” District the minimum lot area and minimum lot width shall be the same as in the “R-3” District. There are no minimum lot area or lot width requirements for other uses.
E.
Parking Regulations:
1.
The parking regulations for dwellings are the same as those in the “B-3” [R-3] District.
2.
Where any structure is erected, reconstructed or converted for any of the business or commercial uses permitted in this section, parking spaces shall be provided in the ratio of not less than one (1) parking space for each two hundred (200) square feet of floor space in the building which is used for commercial purposes. Such parking space may be located on the same lot as the building or on an area within three hundred (300) feet of the building. Two (2) or more owners of buildings may join together providing this parking space.
3.
TOURIST COURTS: At least one (1) parking space shall be provided and maintained on the lot for each tourist court unit.
F.
Additional Use, Height and Area Regulations:
Additional Use, Height and Area regulations and exceptions are found in Section 12 herein.
(Ordinance 288 adopted 5/11/59)
The following regulations shall apply to the “B-3” Central Business District:
A.
Use Regulations:
A building or premises shall be used only for the following purposes:
1.
Any use permitted in the “B-2” District, except tourist courts, trailer courts, billboard and poster boards.
2.
Storage in bulk, or warehouse for such material as household goods, clothing, drugs, glass, dry goods, furniture, hardware, groceries, millinery, and shop supplies.
3.
Wholesale sales room.
B.
Height Regulations:
No building hereafter erected or structurally altered shall exceed six (6) stories or seventy-five (75) feet.
C.
Yard Regulations:
1.
FRONT YARD: For uses permitted in the “R-3” District, the front yard requirements for the “R-3” District shall apply. For other uses no front yard is required.
2.
SIDE YARDS: For uses permitted in the “R-3” District the side yard requirements for the “R-3” District shall apply. For other uses there are no side yard requirements.
3.
REAR YARD: For uses permitted in the “R-3” District, the rear yard regulations for the “R-3” District shall apply. For other uses there are no rear yard regulations.
D.
Intensity of Use:
For uses permitted in the “R-3” District the minimum lot area and minimum lot width shall be the same as in the “R-3” District. There are no minimum lot area or lot width requirements for other uses.
E.
Parking Regulations:
The parking regulations for dwellings are the same as those in the “B-3” [R-3] District.
F.
Additional Use, Height, and Area Regulations:
Additional Use, Height, and Area Regulations and exceptions are found in Section 12 herein.
(Ordinance 478, sec. 1, adopted 4/13/70; Ordinance 771, sec. I, adopted 7/14/86; Ordinance 827, sec. I, adopted 12/11/89)
The following regulations shall apply to the “I” Industrial District:
A.
Use Regulations:
Any building or premises may be used for any purpose not in conflict with any ordinance of the City of Robstown, Texas, provided that no building or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the city council following a recommendation by the planning commission:
1.
Cement or lime manufacture.
2.
Distillation of bones.
3.
Explosives manufacture or storage.
4.
Fat rendering.
5.
Garbage, offal or dead animal incineration, reduction or dumping.
6.
Junkyards and automobile wrecking yards.
7.
Petroleum refinery.
8.
Slaughter and dressing of animals (not including poultry and rabbits).
9.
Stockyards.
10.
Wholesale storage of gasoline or other petroleum products in car lots or more aboveground.
B.
Height Regulations:
No buildings shall exceed a height of six (6) stories or seventy-five (75) feet.
C.
Yard Regulations:
1.
FRONT YARD: For uses permitted in the “R-3” District, the front yard requirements of the “R-3” District shall apply. For other uses no front yard is required.
2.
SIDE YARDS: For uses permitted in the “R-3” District the side yard requirements for the “R-3” District shall apply. For other uses no side yards are required.
3.
REAR YARD: For uses permitted in the “R-3” District the rear yard requirement for the “R-3” District shall apply. For other uses there is no rear yard requirement.
D.
Intensity of Use:
For uses permitted in the “R-3” District the minimum lot area and minimum lot width shall be the same as in the “R-3” District. There are no minimum lot area or lot width requirements for other uses.
E.
Additional Use, Height, and Area Regulations:
Additional Use, Height, and Area Regulations and exceptions are found in Section 12 herein.
(Ordinance 478, sec. 1, adopted 4/13/70; Ordinance 771, sec. I, adopted 7/14/86; Ordinance 827, sec. I, adopted 12/11/89)
A.
Use Regulations:
1.
ACCESSORY BUILDINGS: No accessory building shall be constructed upon a lot until the construction of the main use building has been actually commenced. No accessory building shall be used unless the main use building on the lot is also being used.
2.
RAILROAD RIGHTS-OF-WAY: On all existing rights-of-way of railroad companies, regardless of the zoning district in which such rights-of-way are located, railroad trackage and accessories to railroad movement may be constructed or maintained.
B.
Height Regulations:
1.
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet additional height above the height limit otherwise provided in the district in which the building is located.
2.
Chimneys, cooling towers, elevator bulkheads, fire towers, grain elevators, flour mills, monuments, stacks, or scenery lofts, tanks, water towers, ornamental towers and spired church steeples, radio or television towers, or necessary mechanical appurtenances, may be erected to a height in accordance with existing or hereafter adopted ordinances of the City of Robstown, Texas, provided that in the absence of any such ordinance there shall be no height limitation of these structures.
C.
Area and Density Regulations:
1.
In a district in which commercial or industrial buildings are built with one or more stories for residential purposes above the commercial or industrial uses, no side yards will be required for the residential portions of the building, provided that the part of the building intended for residential use is not more than two (2) rooms deep from front to rear.
2.
No yard or other open space provided about any building for the purposes of complying with the provisions of these regulations shall again be used as a yard or an open space for another building. Every part of a required yard shall be open to the sky and unobstructed by buildings except for accessory buildings in the rear yard and except the ordinary projections of skylights, sills, belt courses, cornices, and other ornamental features which may project into such yards a distance of not more than two (2) feet.
3.
Open, unenclosed porches, platforms, or landing places not covered by a roof or canopy may extend or project into the front yard for a distance not exceeding six (6) feet.
4.
Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three (3) feet above the floor level of the ground (first) story may project into a required side yard, provided these projections be distant at least two (2) feet from the adjacent side lot line.
5.
FRONT YARD:
a.
Where forty (40) percent or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have observed (with a variation of five (5) feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing buildings.
b.
Where forty (40) percent or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have not observed a front yard as described above, then
(1)
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent buildings on the two (2) sides, or
(2)
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.
(3)
In determining such front yard depth, buildings located entirely on the rear one-half (1/2) of a lot shall not be counted.
c.
Vision Clearance. On any corner lot on which a front or side yard is required, no wall, fence, sign, or other structure, or any plant growth shall be permitted or maintained higher than two (2) feet above the curb level within fifteen (15) feet of the intersection of the property lines.
6.
SIDE YARDS:
a.
The minimum width of a required side yard of a corner lot in the R-1, R-2, and R-3 Districts shall be not less than ten (10) feet provided that if the street side line of a corner lot is in the same block frontage with a lot or lots, whose street line is a front line of such lot or lots, the side yard shall extend to the average alignment of the buildings along the same side of the street, unless such buildings are more than twenty-five (25) feet back from the street line, in which case the side yard need not be more than twenty-five (25) feet.
b.
A side yard of not less than twenty-five (25) feet on the side of the lot adjoining an R-1, R-2 or R-3 District shall be provided for all schools, libraries, churches, community houses, clubs, and other public or semi-public buildings hereafter erected or structurally altered.
c.
Where a lot in the “B-2”, “B-3”, or “I” districts and not used for residential purposes abuts upon an “R-1”, “R-2”, or “R-3” district shall provide a side or rear yard of not less than five (5) feet.
d.
Garages detached or attached to the main use building entering on the side street of a corner lot, shall maintain a side yard of ten (10) feet in front of the garage.
7.
REAR YARD:
a.
In the R-1, R-2, or R-3 Districts accessory buildings shall not occupy more than thirty (30) percent of the required minimum rear yard area. Accessory buildings shall be a minimum of twelve (12) feet from the main use buildings. In the R-1, R-2, and R-3 districts no accessory building shall be more than one (1) story in height.
b.
In computing the depth of a rear yard where such yard opens into an alley, one-half (1/2) of the width of such alley may be assumed to be a portion of the required rear yard.
(Ordinance 478, sec. 1, adopted 4/13/70; Ordinance 771, sec. I, adopted 7/14/86; Ordinance 827, sec. I, adopted 12/11/89)
A.
Special uses may be permitted in any district from which they are prohibited when it is found that said uses will not adversely affect the public health, safety, morals and general welfare of the community. Before the location or establishment thereof, or before any change of use of the premises existing at the time of the effective date of the regulations or permitted as herein provided, is made, preliminary plans in sufficient detail and a statement as to the proposed use of the buildings, structures, and premises shall be submitted to the planning commission. The commission shall hold a public hearing as provided in section 20 and shall review such plans and statements and shall, after a careful study thereof and the effect that such buildings, structures or uses will have upon the surrounding territory, permit such buildings, structures or uses where requested, provided that the public health, safety, morals, and general welfare will not be adversely affected; that ample off-street parking facilities will be provided, and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values. An appeal may be taken to the city council from any decision of the commission on a special use. Any person adversely affected by a decision of the commission granting or denying a special use may appeal said decision to the city council. Said appeal must be filed within thirty (30) days from the decision of the commission appealed from. The city council shall hold a public hearing on said appeal before making its decision. Notice of said hearing shall be given by publishing three (3) times in the official publication of the City of Robstown stating the time and place of such hearing; provided, however, that the first publication shall be at least fifteen (15) days before the date of the hearing.
B.
Any special use existing at the effective date of these regulations shall be considered a nonconforming use unless it has qualified as provided above, and has been approved as a “Special Use” by the commission.
C.
Special use permits shall be issued for a period of six (6) months and shall be renewable for a six-month period and shall be deemed expired unless the premises are actually being used under said permit.
D.
The board of adjustment is hereby authorized to approve any and all additions or structural alterations to special uses after they have qualified and have been approved by the planning commission when the board finds said additions or alterations will not adversely affect the public health, safety, morals and general welfare.
E.
Special use - Mobile home parks and mobile home subdivisions in any district:
1.
That access to the mobile home or trailer park be from an arterial highway or secondary thoroughfare, that number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, that no mobile home or trailer space shall be designed for direct access to a street outside the boundaries of the mobile home or trailer park, and that the interior access drives shall be at least twenty-four (24) feet in width. In a mobile home subdivision, the streets shall meet all city requirements as to width, curbs, and gutters as set forth in the platting ordinance.
2.
The minimum lot area in a mobile home subdivision shall be 4,500 square feet. All corners of each mobile home lot in a subdivision shall be visibly marked by a permanent marker.
3.
In addition to the requirements of Item 2 above, there shall be no more than ten (10) mobile homes per acre in a mobile home subdivision. Furthermore, there shall be a minimum front yard of twenty-five (25) feet, a minimum rear yard of ten (10) feet, and a minimum side yard of six (6) feet, with a total unobstructed side yard requirement of twenty (20) feet.
4.
There shall be no minimum lot area for a mobile home or trailer site in a mobile home or trailer park, except that mobile homes shall be so harbored on each space that there shall be at least twenty (20) feet unobstructed clearance between mobile homes, provided, however, that with respect to mobile homes parked end-to-end, the end-to-end clearance may be less than twenty feet (20) feet, but shall not be less than ten (10) feet. No part of a mobile home or trailer shall be located closer than twenty (20) feet to any building within the park nor closer than five (5) feet to an access drive.
5.
The mobile home park shall be surrounded by a landscaped strip of open space twenty (20) feet wide along the street frontage with an arterial highway and fifteen (15) feet wide along all other lot lines or street frontage.
6.
The requirements of Item 5 above shall also apply to mobile home subdivisions, in which case such landscaped open space shall be a part of abutting lots, unless otherwise designated as common open space.
7.
Off-street parking spaces in mobile home or trailer parks shall be provided in the ratio of one (1) space per trailer in locations convenient to individual trailers or groups of trailers. In mobile home subdivisions there shall be at least one (1) parking space per lot.
8.
Proper provision shall be made for public water supply, sanitary sewers, fire protection, refuse collection, laundry, toilet and bathing facilities; and all such provisions shall be in full compliance with the city-county health department and building codes.
9.
A mobile home park may be converted to a mobile home subdivision provided it is replatted and that all conditions pertaining to mobile home subdivisions are met.
10.
Outside lighting shall be erected in such a manner that it not be detrimental to or project onto adjacent properties.
11.
Outdoor advertising shall be restricted by the zoning district in which the park or subdivision is situated.
12.
The provisions of this section shall not apply to mobile home or trailer parks in existence and operation in compliance with existing ordinances and laws at the time of the passage of this amendment; they shall be treated as nonconforming uses insofar as the requirements of this section are concerned.
13.
Mobile Home parks in any district will be required an inspection fee of $20.00 for set-up plus any plumbing, electrical etc.; Mobile Home Subdivisions in any district will be required a building permit based on $16.00 per square foot for set-up plus any plumbing, electrical etc.
F.
Where the commission is considering a change in zoning from an existing zoning classification to a broader classification, where it is shown to the commission at the hearing on the application for a change in zoning that the applicant has plans in sufficient detail as to show in full the proposed use of the buildings, structures, and premises and the provision for sufficient off-street parking facilities, screening walls or fences, and landscaping, together with sufficient open space as to create a proposed transition between a lesser and more restricted district and the commission, from evidence offered at such hearing and a review and study of such plans and statements made at the hearing, finds that the proposed use and the effect upon surrounding property will not adversely affect the public health, safety, morals, and general welfare, and further finds that ample off-street parking facilities and such safeguards as are required by the commission have been agreed to be provided by the applicant for the protection of surrounding property, persons and neighborhood values, may within its discretion by a majority vote of the commission, make any one of the following recommendations to the city council:
1.
Recommend against the change in zoning.
2.
Recommend a change in zoning.
3.
Recommend that a special permit for such area be granted; provided there be included within such recommendation a complete statement and plot plan of all the requirements determined to be necessary to be provided for the protection of surrounding property, persons, and neighborhood values together with the recommendations of the commission as to the requirements for the paving of streets, alleys, sidewalks, driveways, parking lots, means of ingress and egress to the public street, provisions for drainage, parking space and street layouts, and protective screening and open space.
G.
No accessory building shall be constructed upon a lot until the construction of the main use building has actually commenced. No accessory building shall be used unless the main use building on the lot is also being used.
H.
Additional recommendations by the commission. The commission may make reasonable additional recommendations as to utilities, drainage, landscaping, lighting, signs and advertising devices, screenings, accessways, curb cuts, traffic control, height of buildings and setback of buildings to protect adjoining residentially zoned lots or residential uses. Said additional recommendations, if any, shall be forwarded to the city council as a part of the report to the city council. If the city council places any special requirements on the applicants, the city council may require a surety bond to be filed for, or deposited in escrow with the city a sum sufficient to insure completion of the special requirements, if any.
(Ordinance 478, sec. 1, adopted 4/13/70; Ordinance 771, sec. I, adopted 7/14/86; Ordinance 827, sec. I, adopted 12/11/89)
A.
Nonconforming Use of Land.
The nonconforming use of land where no building is involved existing at the time of the passage of this Ordinance may be continued for a period of not more than two (2) years therefrom, provided that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property, and that if such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with regulations of the district in which it lies.
B.
Nonconforming Use of Buildings.
Except as otherwise provided in this Article, the nonconforming use of a building existing at the time this ordinance becomes effective may be continued, and the use of a nonconforming building may be changed to another use of the same or more restricted classification, but where such use is changed to a more restricted classification it shall not thereafter be changed back to a use of a less restricted classification. A nonconforming building which is or may hereafter become vacant and which shall remain unoccupied or its nonconforming use discarded for a continuous period of one (1) year, shall not thereafter be occupied except by a use which conforms to regulations of the district in which it is located.
A nonconforming building may be maintained or kept in good repair except as otherwise provided in this section.
No existing nonconforming building may be enlarged, extended, reconstructed or altered unless its use is changed to a use permitted in the district in which such building is located except in the event such enlargement, extension, reconstruction or alteration is required by court decision, law, or ordinance.
No nonconforming building shall be moved in whole or in part to any other location on the lot unless every portion of such building is made to conform to all the regulations of the district in which it is located.
A nonconforming building which is damaged by fire, explosion, flood, wind, earthquake or other calamity or act of God or the public enemy to the extent of fifty (50) percent or more of its reasonable value may not be restored except in conformity with the regulations of the district in which it is located.
C.
The following uses now in existence and not in a strict conformity with the provisions of the district in which it is located are hereby prohibited and such uses now in existence in the City of Robstown, Texas, shall be altered, replaced or removed to conform to the provisions of this ordinance on or before the date shown in the following schedule:
(Ordinance 619, sec. 4, adopted 5/14/79; Ordinance 633, sec. 1, adopted 11/12/79; Ordinance 826, sec. I, adopted 12/11/89)
No permit for the erection, alteration, or enlargement of any building shall be issued by the building inspector unless there first be filed in his office by the applicant therefor, a plat, drawn to scale, and in such form as may be prescribed by the said building inspector, correctly showing the location and actual dimensions of the lot to be occupied, the dimensions and location on the lot of the building to be erected, altered or enlarged, together with a true statement in writing, signed by the applicant, showing the use for which such building is arranged, intended or designed, and furnishing such other information as the building inspector may require in the enforcement of the provisions of this ordinance, and any failure to comply with the provisions of this ordinance shall be good cause for the revocation of any such building permit by the building inspector. A record of such applications and plats shall be kept in the office of the building inspector.
(Ordinance 619, sec. 4, adopted 5/14/79; Ordinance 633, sec. 1, adopted 11/12/79; Ordinance 826, sec. I, adopted 12/11/89)
The owner or owners of any tract of land in Robstown, Texas, comprising an area of not less than ten (10) acres may submit to the city building inspector a plan for the use and development of all of the tract of land for residential purposes. The development plan shall be referred to the city planning commission for study, public hearing, and report. The commission’s recommendations and report together with the plans shall be submitted to the city council within thirty (30) days for consideration and action.
The recommendations and report by the planning commission shall contain specific evidence and facts showing whether or not the proposed project meets the following conditions:
1.
The property adjacent to the area included in the plan will not be adversely affected.
2.
The plan is consistent with the intent and purposes of this ordinance to promote public health, safety, morals, and general welfare.
3.
The buildings will be used only for purposes provided for in the “R-1”, “R-2”, and “R-3” districts.
4.
The average lot area per family contained in the site, exclusive of the area occupied by streets, will be not less than the lot area per family required in the district in which the development is located.
If the city council approves the plan, building permits and certificates of occupancy may be issued even though the use of the land and the location of the buildings to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulation of the district in which it is located.
(Ordinance 619, sec. 4, adopted 5/14/79; Ordinance 633, sec. 1, adopted 11/12/79; Ordinance 826, sec. I, adopted 12/11/89)
The owner or owners of any tract of land comprising an area of not less than two and one-half (2-1/2) acres and not lying within a business district, may submit a development plan for a neighborhood shopping center. Such application shall be processed in accordance with the provisions of Section 20 of this ordinance.
The city planning commission may recommend to the city council that such application be approved if the application conforms to the following:
1.
The uses permitted in the center be limited to those of the B-1 Neighborhood Business District as listed in Section 8 of this ordinance.
2.
The entire development be designed as a single architectural unit with appropriate landscape and architectural treatment of the entire area.
3.
That at least four (4) times the gross floor area of the stores included in the development is provided in off-street parking areas, which are integral parts of the design of the unit plan.
4.
That the appropriate use of property adjacent to the area included in the plan will be fully safeguarded, and to this end the council may make such requirements as it deems necessary.
5.
That satisfactory evidence be submitted that the automobile parking areas and the landscaped areas will be properly constructed and maintained.
6.
That the plan is consistent with the intent and purposes of this ordinance to promote the public health, safety, and general welfare.
(Ordinance 619, sec. 4, adopted 5/14/79; Ordinance 633, sec. 1, adopted 11/12/79; Ordinance 826, sec. I, adopted 12/11/89)
A.
No vacant land shall be occupied or used except for agricultural uses, until a certificate of occupancy shall have been issued by the building inspector.
B.
No premises shall be used and no buildings hereafter erected or structurally altered shall be used, occupied or changed in use, until a certificate of occupancy and compliance shall have been issued by the building inspector, stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.
C.
Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alterations of such building shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the building inspector. A fee of thirty dollars ($30.00) shall be charged for a certificate of occupancy.
D.
No permit for excavation for any building shall be issued before application has been made for certificate of occupancy and compliance.
E.
A certificate of occupancy shall be required of all nonconforming uses. Application for a certificate of occupancy for nonconforming uses shall be filed within twelve (12) months from the effective date of this ordinance with the building inspector.
(Ordinance 619, sec. 4, adopted 5/14/79; Ordinance 633, sec. 1, adopted 11/12/79; Ordinance 826, sec. I, adopted 12/11/89)
Rules where uncertainty may arise: Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this ordinance, the following rules apply:
A.
The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.
B.
Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.
C.
In unsubdivided property, the district boundary lines on the map accompanying and made a part of this ordinance shall be determined by use of the scale appearing on the map.
Editor’s note–The map is not included herein, but is on file in the office of the city secretary.
(Ordinance 264-A adopted 11/10/58; Ordinance 516, sec. 2, adopted 10/23/72; Ordinance 619, sec. 5, adopted 5/14/79; Ordinance 661, sec. 1, adopted 6/8/81)
A.
A board of adjustment is hereby established.
B.
The board of adjustment shall consist of seven (7) members who are property owners in the City of Robstown, Texas, each to be appointed for a term of two (2) years and removable for cause by the city council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
C.
The board shall adopt rules in accordance with the provisions of this ordinance. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence, the 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, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.
D.
Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Robstown, Texas, affected by any decision of the building inspector. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof, and by paying a filing fee of one hundred fifty dollars ($150.00) to the tax collector of the City of Robstown, Texas, at the time the notice is filed, which shall be credited to the general fund of the City of Robstown, Texas. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on the cause shown. The board of adjustment shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appeal in person or by agent or by attorney.
E.
The board of adjustment shall have the following powers:
1.
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance.
2.
When a property owner can show that a strict application of the terms of this ordinance relating to the use, construction or alteration of buildings or structures or the use of land will impose upon him practical difficulties or particular hardship, the board may consider and allow variations of the strict application of the terms of this ordinance if the variations are in harmony with the general purpose and intent of this ordinance, and the board is satisfied, under the evidence heard by it, that a granting of the variation will not merely serve as a convenience to the applicant but will alleviate some demonstrable hardship or difficulty so great as to warrant a variation from the comprehensive plan by this ordinance created.
3.
The board may authorize a variance where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record at the time of the adoption of this ordinance or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of a provision of this ordinance would result in peculiar and exceptional practical difficulties and particular hardship upon the owner of the property and amount to a practical confiscation of the property as distinguished from a mere inconvenience to the owner, provided the variation can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this ordinance.
4.
Special exceptions. When in its judgment the public convenience and welfare will not be substantially or permanently injured, the board of adjustment may in a specific case, after public notice and hearing and subject to appropriate conditions and safeguards, authorize special exceptions to the regulations herein established as follows:
(a)
To permit a transitional use between a business or industrial district and a dwelling district where the side of a lot in a one (1) family district or a two (2) family district abuts upon a lot zoned for business or industrial purposes as follows:
(1)
On a lot in a single-family dwelling district which sides upon a lot zoned for business or industrial purposes, the board may permit a two (2) family dwelling.
(b)
Permit the extension of a building or use into a more restricted district, immediately adjacent thereto, but not more than fifty (50) feet beyond the boundary line of the district in which such building or use is authorized.
(c)
Grant in undeveloped sections of the city temporary and conditional permits for not more than two (2) years. The granting or existence of such temporary or conditional permit shall not be reason or cause for extension of such permit.
(d)
Permit such modification of yard, open space, lot area or lot width regulations as may be necessary to secure an appropriate improvement of a parcel of land if such parcel is separately owned at the time of the original passage of this ordinance or subsequent annexation of the city and is of such restricted area that it cannot be appropriately improved without such modification.
(e)
To determine in cases of uncertainty the classification of any use not specifically named in this ordinance.
(f)
To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divided a lot in a single ownership at the time of the adoption of this ordinance.
(g)
To permit as an accessory use a parking area for passenger automobiles on a lot or lots in a single-family, duplex, or apartment house district adjoining or across a street of not more than fifty (50) feet in width from an R-1, R-2, or R-3 district, subject, however, to the following provisions:
(1)
The area shall be properly enclosed with a hedge, screen, fence, wall or other suitable enclosure having a height of not less than three (3) feet nor more than six (6) feet. Such fence or enclosure shall conform to the front yard regulations of the district in which it is located.
(2)
The area shall be paved.
(3)
No parking of vehicles shall be permitted within six (6) feet of any adjoining lot on which is located a single-family residence, duplex or multiple dwelling.
(4)
One sign, not exceeding two and one-half (2-1/2) square feet in area, may be erected identifying the lot.
(5)
No charges may be made for parking and no other business use may be made of the lot.
(6)
Any light used to illuminate said parking area shall be so arranged as to direct the light away from any adjoining premises used for residential purposes.
(h)
Permit the reconstruction of a building occupied by a nonconforming use, or permit the extension of a nonconforming use of a building upon the lot occupied by such use or building at the time of the passage of this ordinance.
5.
Any appeal or permit granted by the board of adjustment shall not be valid if construction authorized by said permit is not begun within a period of sixty (60) days.
F.
1.
In exercising the above-mentioned powers such board, may, in conformity with the provisions of this Act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
2.
In considering all appeals and all proposed variations to this ordinance the board shall, before making any finding, in a specific case, first determine that the proposed variation will not constitute any change in the district map and will not impair an adequate supply of light and air to adjacent property, or materially increase the congestion in public streets, or increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the City of Robstown, Texas.
3.
Every variation granted or denied by the board shall be accompanied by a written finding of fact, based on sworn testimony and evidence, specifying the reason for granting or denying the variation.
(Ordinance 264-A adopted 11/10/58; Ordinance 516, sec. 2, adopted 10/23/72; Ordinance 619, sec. 5, adopted 5/14/79; Ordinance 661, sec. 1, adopted 6/8/81)
A.
The city council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established.
B.
Before taking any action on any proposed amendment, supplement or change, the city council shall submit the same to the city planning commission for its recommendation and report. Before making its recommendation, the city planning commission shall hold a public hearing upon any change or amendment. Written notice of all such public hearings shall be sent to all owners of property affected by any such proposed change and to all owners of property located within two hundred (200) feet of any property affected thereby, such notice to be given not less than ten (10) days before the date set for hearing. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office.
C.
A public hearing shall be held by the city council before adopting any proposed supplement, amendment or change. Notice of such hearing shall be given by publication three (3) times in the official publication of the City of Robstown, Texas, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first day of such publication.
D.
Unless such proposed amendment, supplement or change has been approved by the city planning commission or if a protest against such amendment, supplement or change has been filed with the building inspector, duly signed and acknowledged by the owners of twenty (20) percent or more, either of the area of the lots included in such proposed change, or those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom, or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendment, supplement or change shall not become effective except by a three-fourths (3/4) vote of the city council. Provided, however, should any such proposed amendment, supplement or change be not approved by the city council, then the same amendment, supplement, or change shall not be proposed at any time prior to the expiration of six (6) months from the date of the action of the city council in disapproving such proposed amendment, supplement or change.
E.
The city council may from time to time amend, supplement, or change by ordinance procedural regulations herein established without a city planning commission recommendation. A public hearing shall not be required by the city council before adopting any proposed procedural supplement, amendment or change.
F.
Fee for rezoning and variance.
(1)
The fee for rezoning less than 10 acres shall be $500.00.
(2)
The fee for rezoning 10 acres or more but less than 20 acres shall be $700.00.
(3)
The fee for rezoning 20 acres or more shall be $950.00.
(4)
The fee for a variance change shall be $500.00.
(5)
Application fees are not refundable after the application has been submitted and deemed complete.
(Ordinance 309 adopted 5/27/60; Ordinance 311 adopted 7/11/60; Ordinance 516, sec. 3, adopted 10/23/72; Ordinance 660, sec. 1, adopted 6/8/81; Ordinance 660A adopted 1/9/17)
It shall be the duty of the building inspector to enforce the provisions of this ordinance, and to refuse to issue any permit for any building, or for the use of any premises, which would violate any of the provisions of said ordinance.
In case any building is erected, constructed, reconstructed, altered, repaired, or converted or any building or land is used in violation of this ordinance, the building inspector is authorized and directed to institute any appropriate action to put an end to any such violation.
Any person or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith or with any of the requirements thereof or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine of not more than one hundred dollars ($100.00), and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or part thereof, where anything in violation of this ordinance shall be placed, or shall exist, and any architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be guilty of a separate offense and upon conviction thereof shall be fined as hereinbefore provided.
(Ordinance 442 adopted 5/27/68)
In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this ordinance, or which shall be adopted or issued pursuant to law relating to the use of building or premises, and likewise not in conflict with this ordinance; nor is it intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that, if this ordinance imposes a greater restriction, this ordinance shall control.
(Ordinance 442 adopted 5/27/68)
A.
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 provision thereof other than the part so decided to be invalid or unconstitutional.
B.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
(Ordinance 442 adopted 5/27/68)
This ordinance shall be in full force and effective from and after its passage and publication as provided by law.
PASSED AND APPROVED, this the 16th day of July, 1957. |
(Ordinance 442 adopted 5/27/68)