City of Friona, TX Zoning

The planning and zoning commission shall elect a chairman and vice-chairman from its membership and shall have power to employ such qualified persons as may be necessary for the proper conduct and undertakings of the commission and to pay for their services and such other necessary expenses, provided that the cost of such services and expenses shall not exceed the amount appropriated by the city council for the use of the commission.

It shall also have the power to make rules, regulations and bylaws for its own government, which shall conform as nearly as possible with those governing the city council (board of commissioners) and same shall be subject to approval by such commission. Such bylaws shall include, among other items, provisions for:

Regular and special meetings, open to the public;

Records of its proceedings, to be open for inspection by the public;

Reporting to the city council and the public, from time to time and annually; and

Customary Home Occupations.

For the holding of public hearings on its recommendations.

(Ordinance 2006.10.09, sec. 3, adopted 10/9/06)

§ 14.103 Comprehensive Plan and Zoning.

The planning and zoning commission shall have the power and it shall be its duty to make and recommend for adoption a master plan, as a whole or in parts, for the future development and redevelopment of the municipality and its environs and [it[ shall have [the] power and it shall be its duty to prepare a comprehensive plan and ordinance for zoning the city, in accordance with the Texas Local Government Code. The commission shall perform such other duties as may be prescribed by ordinance or state law.

(Ordinance 2006.10.09, sec. 4, adopted 10/9/06)

§ 14.104 Zoning Changes.

Zoning is the legal and administrative process whereby the city protects itself against indiscriminate land uses. The power to zone is conferred upon Texas cities to promote the health, safety, morals and general welfare of the public, and to protect and preserve places and areas of historical, cultural, or architectural importance and significance. When the owner of any property in the city wishes to use it in a manner that is prohibited by the current zoning, said owner or their representative must apply to request the zoning be changed. A filing fee in the amount of fifty dollars ($50.00) shall be required for each change of zoning request, prior to the consideration of said request by the planning and zoning commission. The change of zoning request fee shall be nonrefundable.

(Ordinance 2006.10.09, sec. 5, adopted 10/9/06)

ARTICLE 14.200 ZONING REGULATIONS

§ 14.201 Purpose.

The purpose of this article is to zone the entire area of the City of Friona into districts as made and provided by Articles 1011-a to and including 1011-j of Chapter 4, Title 28 of Vernon’s Annotated Texas Statutes, 1925 as amended, in accordance with a comprehensive plan, for the purpose of promoting health safety, morals, and the welfare of the general public. They have been designed to lessen congestion in the streets; to provide safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to provide and facilitate adequate provisions for transportation, water, sewage, schools, parks and other public requirements. Said districts have been created with fair and reasonable consideration, among other things, of the character of each particular district and its peculiar suitability for particular uses; and with the view of conserving the value of land and building in each particular district, and of insuring the harmonious and appropriate use of all property and land throughout the City of Friona.

(1983 Code of Ordinances, Chapter 16, Section 16-1)

§ 14.202 Definitions.

The following definitions shall apply, and words used in the present tense include the future, words in the singular number include the plural number, words in the plural number include the singular number, the word “building” includes the word “structure,” the word “lot” includes the word “plot” and the word “shall” is mandatory and not discretionary.

Accessory Buildings.

A subordinate use or building customarily incident to and located on the lot.

Alley.

A way which extends only secondary means of access to abutting property.

Apartment.

A room or suite of rooms in an apartment house or tenement arranged, designed, or occupied as the residence of a single family, individual, or group of individuals.

Apartment House.

A building or portion thereof arranged, designated or occupied by three (3) or more families living independently of each other.

Boarding House.

A building other than a hotel where lodging and meals for five (5) or more persons are served for compensation.

Building.

A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels and when supported by division walls from the ground up, and without openings, each portion of such building shall be deemed a separate building.

Occupations ordinarily carried on in a home that are not detrimental or injurious to adjoining property. These may include serving meals or renting rooms to not more than five (5) persons not members of the household; dressmaking, millinery, washing and ironing. Customary home occupations shall not include barber shops, beauty shops, carpenter shops, electrician’s shops, plumber’s shops, radio shops, transfer or moving van offices, auto repairing, auto painting, furniture repairing or sign painting.

Depth of Lot.

The mean horizontal distance between the front and rear lot lines.

Depth of Rear Yard.

The mean horizontal distance between the rear line of a building other than an accessory building and the center line of the alley where an alley exists; otherwise, the rear lot line.

District.

A section of the City of Friona for which regulations governing the area’s height or use of building are uniform.

Dwelling, Multiple.

A building used or designed as a residence for three (3) or more families or households living independently of each other.

Dwelling, Single Family.

A detached building having accommodations for and occupied by only one (1) family.

Dwelling, Two Family.

A detached building for separate accommodations for and occupied as, or to be occupied as a dwelling for only two (2) families.

Family.

A family is any number of individuals living together as a single housekeeping unit as distinguished from a group occupying a boarding house, a lodging house, or both, or hotel as herein defined.

Filling Station.

A place where gasoline or oil and grease or accessories are sold, supplies are dispensed to the retail motor vehicle, or where motor vehicles are repaired or equipped for service or where electric storage batteries are recharged and cared for or a place where any two (2) or more such activities are carried on or conducted.

Front Yard.

An open unoccupied space on the same lot with a building between the building and the street line or lines of the lot.

Garage, Private.

A garage with a capacity for not more than five (5) motor driven vehicles for storage only and for private use.

Garage, Public.

Any premises not a private garage as defined above, used for housing no more than three (3) motor vehicles or where any such vehicles are repaired for operation or kept for remuneration, hire or sale.

Garage, Storage.

Any premises except those defined as a private or public garage used exclusively for the storage of automobiles and other motor vehicles.

Group House.

Detached or semidetached dwelling on one lot, usually in opposing rows separated by a walkway or court, for three (3) or more families or households living independently of each other.

Height.

The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher or if no street grade has been established to the highest point of the roof’s surface to the deck line of a mansard roof; and to the mean height level between eaves and ridge for hip or gable roofs. In measuring the height of a building, the following structures shall be excluded: chimneys, cooling towers, radio and television tower, ornamental cupolas, domes or spires, elevator bulkheads, penthouses, tanks, water towers, and parapet walls not exceeding four (4) feet in height.

Hotel.

A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which as a rule the rooms are occupied for hire, in which there are more than twelve (12) sleeping rooms, a public dining room for the accommodation of more than twelve (12) guests, and a general kitchen.

Interior Court.

An open, unoccupied space surrounded on all sides by walls or by lot lines.

Lodging House.

A building other than a hotel where lodging for five (5) or more persons is provided for compensation.

Lot.

Land occupied or to be occupied by a building and its accessory buildings and including such open space as are required under this article and having its principal frontage upon a public street or officially approved place.

Lot, Corner.

A lot situated at the junction of two (2) or more streets and having a width not greater than one hundred (100) feet.

Lot Lines.

The lines bounding a lot as defined herein.

Non-Conforming Uses.

A building or premises occupied by a use that does not conform to the regulations of use in the district in which it is situated.

Place.

An open, unoccupied space reserved for purposes of access to abutting property.

Parking Lot.

Any open areas other than a street, alley or place used for the temporary parking of more than four (4) motor vehicles and available for public use for hire but not including such parking space as may be available for the free use and accommodation of clients or customers of one or more business establishments.

Rear Yard.

A space unoccupied except by building of accessory use as hereinafter permitted, extending for the full width of the lot between a building other than a building of accessory use and the rear lot line.

Side Yard.

An open unoccupied space on the same lot with a building situated between the building and the side line of the lot, and extending through from the street or from the front yard or to the rear line of the lot. Any lot line not a rear line or front line shall be deemed a side line.

Stable, Private.

A stable with a capacity for not more than four (4) horses, mules or other domestic animals.

Stables, Public.

A stable with a capacity for more than four (4) horses, mules or other domestic animals.

Story.

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above.

Story, Half.

A story having an average height of no more than eight (8) feet covering a floor area of not more than seventy-five percent (75%) of the floor on the story next below.

Street.

Any public thoroughfare dedicated to the public and not designated as an alley.

Street Line.

A lot line along any street other than the street upon which the lot fronts, provided that when any lot shall extend completely from one street to another at opposite ends of the same lot, the said lot shall be deemed to front on both of such streets.

Structural Alterations.

Any change on the supporting member of a building, such as bearing wall, columns, beams or girders.

Tract of Land.

Any piece or parcel of land whether or not divided by platting into lots.

Tourist Camp, or Court.

Any group of attached or detached buildings containing individual sleeping or living units for overnight tourists, with garage attached or parking facilities conveniently located to each such unit. Nothing in this definition shall be construed to repeal, alter, nullify the definitions or requirements of any other ordinance of the provisions of each ordinance shall be according to the terms thereof.

Trailer Camp, or Court.

Any open area, other than a street, alley or other public place, used exclusively for the parking or temporary storage of two or more non-self-propelled vehicles containing living and/or sleeping accommodations which are designed and used for highway travel.

(1983 Code of Ordinances, Chapter 16, Section 16-2)

§ 14.203 Zoning Districts.

In order to restrict and regulate the different land use, the City of Friona, Texas, is hereby divided into different classes of districts, of which there shall be six (6), known and designated as:

“A” District - Single Family Dwelling District

“B” District - Two-Family Dwelling District

“C” District - Apartment and Multi-Family Dwelling District

“D” District - Local Retail District

“E” District - Central Business District

“F” District - Industrial and Manufacturing

The boundaries of each district are shown upon the map which accompanies and is made a part of this article and is designated as the zoning map, the boundaries being shown by various colors, letters, figures, and markings. The zoning map and all coloring, markings, notations, references, and other information shown on said zoning map shall be and are hereby made as much a part of this article as if the zoning map and all notations, references, and other information shown thereon were all fully set forth or described herein.

Except as hereinafter provided:

No building or land shall be used for any purpose other than those permitted in the district in which such building or land is located.

No building shall be erected, reconstructed, enlarged, structurally altered, or moved unless it shall conform to the regulations for the district in which such building is located.

Every building hereafter erected, enlarged, or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) main building on one lot except as hereafter provided.

No lot area shall be reduced or diminished such that the yards or other open spaces shall be smaller than that prescribed by this article nor shall the yard or open spaces provided for and about any building for the purpose of complying with the yard or lot area for any other building or lot.

All territory which may hereafter be annexed to the City of Friona, Texas, shall be subject to all of the restrictions and regulations of an “A” district until otherwise changed by an amendment to this article.

(1983 Code of Ordinances, Chapter 16, Section 16-3)

§ 14.204 Regulations for “A” Districts.

“A” District - Single Family Dwelling District. In an “A” district no building or land shall be used and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one or snore of the following uses:

Single family dwelling;

Public parks or playgrounds;

Accessory buildings, including servants’ quarters and private garages are permitted, provided such building, if detached from the main building, shall not be located nearer than 80 feet from the front lot line nor less than 5 feet from any other street line no less than 3 feet from either inside lot line. The servants’ quarters shall not be leased or rented to anyone other than the family of a bona fide servant giving more than 50 percent of his or her time to the family occupying the premises.

The uses customarily incident to any of the above uses when situated on the same dwelling and not involving the conduct of a business, including the customary home occupations engaged in by the occupants of the dwelling and also including the office of a doctor, dentist, musician, artist or similar profession when situated in the same dwelling but said incidental use shall never be permitted as a principal use but only as a secondary use when indispensably necessary to the enjoyment of the premise for anyone of the use permitted in an “A” District and further provided that no name plate, sign board, or advertising sign of any nature exceeding two (2) square feet in area shall be permitted in an “A” District and not more than one (1) such sign if permitted to each residence.

(1983 Code of Ordinances, Chapter 16, Section 16-4)

§ 14.205 Regulations for “B” Districts.

“B” District - Two Family Dwelling District. In a “B” District no building or land shall be used and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one or more of the following uses:

Any use permitted in an “A” District.

Two family dwelling.

Churches (except temporary revivals).

Public schools and educational institutions having a curriculum the same as is ordinarily given in public schools.

Farming and truck, gardening but not the raising of rabbits, poultry, pets or livestock for commercial purposes or on a scale that would be objectionable because of noise and order, to surrounding residences.

Nurseries but not including any sales offices.

Water supply reservoirs, wells, towers, pumping stations, fire stations, gas and electric public utility regulator stations; however, the size and location of such stations are to be determined or fixed by the city council.

Telephone exchanges or substations but with no business office.

Accessory building same as in an “A” District.

The uses customarily incident to any of the above uses same as in an “A” District.

(1983 Code of Ordinances, Chapter 16, Section 16-5)

§ 14.206 Regulations for “C” Districts.

“C” Districts - Apartment and Multi-Family Dwelling District. In a “C” District, no building or land shall be used and no building shall hereafter be erected or structurally altered which is arranged or designed to be used for other than one or more of the following uses:

Any use permitted in an “A” District or a “B” District.

Boarding or lodging houses.

Hospitals and clinics excepting mental hospitals and animal hospitals or clinics.

Hotels in which businesses may be conducted for the sole convenience of the occupants of the building and further provided that there shall be no entrance to such business except from the inside of the hotel building.

Non-profit religious, educational and philanthropic institutions except penal or mental institutions.

Libraries and museums.

Private clubs, lodges, fraternities and sororities excepting those whose chief activity is a service customarily carried on as a business.

Multiple dwellings, apartments, apartment houses and group houses, but not including tourist courts, trailer camps, courts or lodges.

Accessory buildings and uses customarily incident to any of the above uses are permitted when not involving the conduct of a business other than incidental to the residential use of such property including private and storage garages provided that such accessory buildings, if detached from the main building, shall be located not less than sixty (60) feet from the front lot line, not less than five (5) feet from any other street line, and not less than three (3) feet from either side lot line.

(1983 Code of Ordinances, Chapter 16, Section 16-6)

§ 14.207 Regulations for “D” Districts.

“D” Districts - Local Retail District. In the “D” Districts, no building or land shall be used and no building shall hereafter be erected or structurally altered which is arranged or designed to be used for other than one or more of the following uses:

Any use permitted in any “A,” “B” or “C” District.

Bank, office.

Gasoline filling station.

Restaurant café.

Retail pressing, dyeing and cleaning shops.

Retail drug, and similar retail stores, barber shops, beauty parlor, grocery store, and other shops for custom work or custom shops where articles are made to be sold at retail on the premises. Provided that no second hand goods store or yard shall be permitted in a “D” District.

Retail delivery station.

Hotels.

Mortuary.

Greenhouses, florist shops, nursery office.

Bakery, laundry, washateria, candy manufacturing when employing not more than five (5) persons on the premises.

Theaters, moving picture shows, and similar amusement places, provided such business shall be established unless there is provided by the owner of such establishment, on the same lot or within three hundred (300) feet thereof a space for off-street parking of sufficient area to accommodate one (1) automobile for every four (4) seats on the establishment.

(1983 Code of Ordinances, Chapter 16, Section 16-7)

§ 14.208 Regulation for “E” Districts.

“E” District - Central Business District. In the “E” Districts, no building or land shall be used and no building shall hereafter be erected or structurally altered which is arranged or designed to be used for other than one or more of the following uses:

Any use permitted in an “A,” “B,” “C,” or “D” District.

Advertising places, bulletin and billboards.

Amusement places, theaters and moving picture shows.

Automobile sales and repair shops.

Bakeries, bottling works.

Blacksmith shop.

Beer parlors, saloons and places where beer and intoxicating liquors are sold for consumption off the premises.

Business or commercial school or dancing or music academy.

Building material storage yards, new materials.

Catering establishments.

Candy manufacturing.

Carpet cleaning.

Electric shop, electric plating, including armature winding, galvanizing.

(14)

Farm implements.

(15)

Garages, storage and repair.

(16)

Laundry, dyeing and cleaning plants.

(17)

Machine shop.

(18)

Motor freight depot.

(19)

Ice cream manufacture, mild pasteurization and bottling but not including the processing and manufacturing of other dairy products.

(20)

Ice plants.

(21)

Lumber yards.

(22)

Locker plants but not including slaughtering of animals.

(23)

Painting shops.

(24)

Parking lots

(25)

Photographer’s studio.

(26)

Plumbing shop.

(27)

Printing shops, newspaper printing, job printing.

(28)

Restaurant.

(29)

Sales and show rooms.

(30)

Store or shop for the conduct of a retail business.

Shoe repair shop.

Tire repair shop.

Tin shops.

(Reserved)

Second hand automobile sales yard, not including wrecking.

(36)

Second hand goods store when entirely enclosed in a building.

(37)

Storage warehouses.

(38)

Wholesale houses, wholesale offices and sample rooms.

(39)

Any use not included in any other district provided such use is not offensive or obnoxious by reason of the emission of odor, dust, smoke, gas fumes, noise or vibration and provided that no kind of manufacture or treatment not listed above shall be permitted in an “E” District.

(1983 Code of Ordinances, Chapter 16, Section 16-8; Ordinance 2013.04.08 adopted 4/8/13)

§ 14.209 Regulations for “F” Districts.

“F” Districts - Industrial and Manufacturing District. In an “F” District no building or land shall be used and no building shall hereafter be erected or structurally altered which is arranged or designed to be used for other than one or more of the following uses

Any use permitted in any “A,” “B,” “C,” “C” and “E” Districts.

Acetylene storage and manufacture.

Asphalt manufacturing or refining.

Automobile wrecking yards.

Brick and tile, concrete block manufacturing.

Brewery.

Bag cleaning.

Broom manufacturing.

Boiler works.

Chicken hatcheries.

Creamery and dairy products manufacture and processing, wholesale milk plants.

Central mixing plant for concrete, plaster or paving materials.

Cold storage plant.

(14)

Commercial amusement park, skating rinks.

(15)

Contractor’s plant or storage yard.

(16)

Canning plants.

(17)

Coal yards.

(18)

Feed mill, flour mill.

(19)

Gasoline and lower volatile petroleum products.

(20)

Grain elevators.

(21)

Hospitals and clinics for animals, veterinary hospitals.

(22)

Iron, steel, brass and copper foundry and fabrication plants.

(23)

Mattress manufacture.

(24)

Planning mill.

(25)

Poultry houses, killing, dressing, and storage of live poultry, egg breaking and canning plant.

(26)

Paper box manufacture.

(27)

Penal and correctional institutions.

(28)

Railroad roundhouse or shops.

(29)

Rock crusher.

(30)

Rolling mill.

(31)

Storage or bailing of rags, iron junk.

(32)

Stone monumental works.

(33)

Potato houses, vegetable packing plants.

(34)

Wool scoring plant.

(35)

Manufacturing and industrial operations of a similar nature to those listed above and not prohibited by the special use regulations of this article or by other ordinances of the city.

(1983 Code of Ordinances, Chapter 16, Section 16-9)

§ 14.210 Special Use Regulations.

No building or land shall be used and no building shall hereafter be erected or structurally altered which is arranged or designed for any of the following uses:

Abattoir.

Butane, propane, etc. gas manufacture or storage.

Cotton compress, cotton ginning, cotton warehouse, and cotton seed warehouse and cotton seed products manufacture.

Distillation of bones.

Fertilizer manufacture.

Fat Rendering.

Manufacture or storage of explosives.

Garbage, offal, or dead animals, reduction of dumping.

Glue manufacture.

Livestock feeding yards and pens and animal slaughtering and packing.

Livestock auction barns and pens.

Refining of petroleum products.

Tanning, curing or storage of raw hides or skins.

(14)

Any other uses not listed in the “A,” “B,” “C,” “D,” “E,” or “F” Districts which might be objectionable to or adversely affect the property within the city limits because of the emission of obnoxious or offensive odors, dust, gas, fumes, smoke, noise or vibration.

(1983 Code of Ordinances, Chapter 16, Section 16-10)

§ 14.211 Non-Conforming Uses.

Any use of property existing at the time of the passage of this article, or subsequent amendments thereto, that does not conform to the regulations set forth in this article shall be deemed a non-conforming use.

The lawful use of land existing at the time of the passage of this article although such use does not conform to the provisions of this article, may be continued; however, if such non-conforming use is continued, any future use of said premises shall conform to the provisions of this article.

The lawful use of a building existing at the time of the passage of this article may be continued, although the use does not conform to the provisions of this article and such use may be extended throughout the building provided no structural alteration except those required by law or ordinance are made thereto. If no structural alterations are made, a nonconforming use of a building may be changed to another non-conforming use of the same or more restricted classification; provided, that in the event a non-conforming use of a building is once changed to a non-conforming use of a higher or more restricted classification, such use shall not thereafter be changed to a lower or less restricted classification.

If a building occupied by a non-conforming use is destroyed by fire, explosion, or other cause, it may not be reconstructed or rebuilt except to conform to the requirements of this article. However, nothing in this article shall be constructed to prevent restoration of a building destroyed or damaged to the extent of not more than sixty percent (60%) of its reasonable value by fire, explosion, acts of God, or other casualty, not the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.

In the event that a non-conforming use of any building or land is discontinued for a period of one (1) year, any subsequent use of said building or land shall conform to the use permitted in the district in which it is located.

(1983 Code of Ordinances, Chapter 16, Section 16-11)

§ 14.212 Building Height Regulations.

The height of a building in “A” and “B” Districts shall not exceed thirty-five feet (35') or two and one half (2½) stories and the heights of building in the “C” or “D” Districts shall not exceed forty-five feet (45') or three (3) stories.

In the “A” and “B” Districts the heights of dwellings may be increased to forty-five feet (45') or three (3) stories when two (2) side yards of not less than fifteen (15) feet each are provided.

In the “B” and “C” and “D” Districts, public or semi-public buildings, hotels, apartments, hospitals, churches or schools, when permitted in such districts, may be erected to a height not exceeding seventy-five feet (75') when the front, side and rear yards are each increased an additional foot for each two (2) feet, or fraction thereof, of additional building height above the height limit established for the particular district in which the building is located.

The heights of buildings in “E” and “F” shall not exceed one hundred fifty feet (150') at the street line; however, above the height permitted at the street line, four feet (4') may be added to the height of the building for each one foot (1') that the building or portions thereof above the first story is set back from the required yard lines, provided however, that the cubical content of such a building shall not exceed the cubical content of a prism having a base equal to the area of the lot and the height of one hundred fifty feet (150').

Chimneys, water towers, penthouses, lofts, monuments, cupolas, domes, spires, standpipes, cooling towers, parapet walls, radio towers, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the city.

(1983 Code of Ordinances, Chapter 16, Section 16-12)

§ 14.213 Front Yard Regulations.

In the “A” Districts, there shall be a front yard having a depth of not less than twenty-five (25) feet, measured from the front property line of the lot to the front line of the building, covered porch or terrace or attached accessory building; however, if fifty percent (50%) or more of the property on one side of a street within the block is improved with building, the required front yard depth need not exceed the average front yard depth of the existing building.

In the “B” and “C” Districts, there shall be a front yard having a depth of not less than twenty feet (20') measured from the front property line of the lot to the front of the building, covered porch or terrace or attached accessory building; however, if fifty percent (50%) or store of the property on one side of a street, within the block, is improved with building, the required front yard depth need not exceed the average front yard depth of the existing buildings.

In the “D” Districts, there shall be a front yard having a depth of not less than twenty-five feet (25') measured from the front property line of the lot to the front of the building, covered porch or terrace or attached accessory building.

In the “D” Districts on corner lots, the required front yard shall be provided on each street unless the property is used for dwelling purposes.

In the “E” and “F” Districts, no front yard is required unless the building is erected or structurally altered for dwelling purposes in which event there shall be a front yard having a depth of not less than twenty feet (20'), measured from the front property line of the lot to the front of the building, covered porch or terrace or attached accessory building with the further provision that the front building line of the street and on corner lots the required setback for building lines shall be provided on each street.

(1983 Code of Ordinances, Chapter 16, Section 16-13)

§ 14.214 Rear Yard Regulations.

In all Districts where buildings are erected or structurally altered for dwelling purposes there shall be a rear yard having a depth of not less than twenty percent (20%).of the depth of the lot, provided such rear yard need not exceed thirty feet (30').

In the “D” Districts, there shall be a rear yard having a depth of not less than twenty percent (20%) of the depth of the lot provided such rear yard need not exceed thirty feet (30').

In the “E” and “F” Districts when the property is not used for dwelling purposes and when not abutting on the rear of a dwelling district, no rear yard shall be required. If abutting on the rear of an “A,” “B” or “C” Dwelling District, there shall be a rear yard of not less than ten feet (10').

In computing the required depth of a rear yard for any building where such rear yard abuts an alley, the depth of said rear yard measures from the center of the alley.

An accessory building may occupy no more than fifty percent (50%) of the minimum required rear yard.

(1983 Code of Ordinances, Chapter 16, Section 16-14)

§ 14.215 Side Yard Regulations.

In the “A,” “B” and “C” Districts and in all other districts where a building is erected or structurally altered for dwelling, there shall be two side yards, one on each side of the building. The combined width of the two side yards shall be not less than twenty percent (20%) of the width of the lot, provided that the combined width need not exceed twelve feet (12') and that in no case shall either side yard be less than five feet (5') in width.

In the “D,” “E” and “F” Districts, if the property is not used for dwelling purposes, no side yard is required unless the lot abuts upon the side of a lot on an “A,” “B” or “C” District in which case a side yard of not less than five feet (5') shall be provided on the side abutting said “A,” “B” or “C” Districts. In any case where a side yard, is provided but is not required by this article, such side yard shall be not less than three feet (3') in width.

For the purpose of side yard regulations, two or more detached one or two family dwellings shall be considered as one building when occupying one lot provided that there shall be a minimum of ten feet (10') between the sides of the building.

In the case of group houses or apartments or court apartments where entrances are provided into side yards, the width of the side yard shall be increased by one foot (1') for each side yard entrance and further provided that if any stairways open onto or are served by such side yard, a side yard of not less than ten feet (10') shall be provided.

The width of a place, court, or interior court shall be not less than thirty feet (30') measured between buildings or from building to the property line forming such place or court, provided covered porches or terraces may project into such required place or court not more than twenty percent (20%) of the width of such place or court.

(f)

Every part of a required yard, place or court shall be unobstructed from its lowest point to the sky, provided that sills, cornices, and belt courses may project into the required yard, place or court not more than eighteen inches (18").

(g)

On corner lots the side yard regulations shall be the same as for interior lots except in the case of a reversed frontage when the corner lot or building faces an intersecting street, in which case there shall be a side yard on the street side equal to the front yard on the lots in the rear. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot facing an intersecting street and of record at the time of passage of this article to less than twenty-eight feet (28') of an accessory building where this regulation cannot reasonably be complied with.

(1983 Code of Ordinances, Chapter 16, Section 16-15)

§ 14.216 Lot Area Regulations.

In the “A” Districts, the minimum area of the lot shall be six thousand (6,000) square feet.

In the “B” Districts, the minimum area of the lot shall be five thousand (5,000) square feet for a single family dwelling and six thousand (6,000) square feet for a two-family dwelling.

In the “C” Districts, the minimum area of the lot shall be four thousand (4,000) square feet for a single family dwelling and five thousand (5,000) square feet for a two-family dwelling and for apartment houses, multi-family dwellings or buildings arranged or designed for more than two families the minimum area of the lot shall be five thousand (5,000) square feet plus one thousand (1,000) square feet for each family unit in excess of two.

In the “D” Districts, the minimum area of the lot shall be five thousand (5,000) square feet for a single family dwelling and six thousand (6,000) square feet for a two-family dwelling and for apartment houses, multi-family dwelling or buildings designed or arranged for more than two families the minimum area of the lot shall be six thousand (6,000) square feet plus one thousand (1,000) square feet for each family unit in excess of two.

In the “F” Districts, the minimum area of the lot shall be four thousand (4,000) square feet for a single family dwelling and five thousand (5,000) square feet for a two-family dwelling and for more than two families the minimum area of the lot shall be five thousand (5,000) square feet plus one thousand (1,000) square feet for each family unit in excess of two.

(f)

In the “F” Districts, the minimum area of the lot shall be three thousand (3,000) square feet for a single family dwelling and four thousand (4,000) square feet for a two-family dwelling and for apartment houses, multi-family dwellings or buildings designed or arranged for more than two families the minimum area of the lot shall be four thousand (4,000) square feet plus five hundred (500) square feet for each family unit in excess of two.

(g)

Any lot of record, and held under separate ownership from adjoining lots at the time of the passage of this article may be used for a single family dwelling lot even though the area of the lot is less than the area required by the lot area regulations in the district in which the property is located.

(1983 Code of Ordinances, Chapter 16, Section 16-16)

§ 14.217 Prohibiting Obstruction of View of Lot Boundaries.

On any lot on which a front yard is required by this article, no wall, fence or other structure shall be erected and no hedge, tree, shrub, or other growth or structure of any kind shall be maintained in such location within such required front yard so as to obstruct view.

Any fence, wall, hedge, shrubbery, or other growth or structure of any kind higher than a baseline extending from a point two and one half feet (2½') above walk grade at the walk to a point four and one half feet (4½') deep above walk grade at the depth of the front yard required is hereby declared to be an obstruction to view except single trees having a single trunk which are pruned to a height of seven feet (7') above walk grade.

Notwithstanding any other provisions of this article concerning non-conforming uses, all non-conforming fences, walls and other structures except buildings shall be removed or altered or otherwise caused to conform to this section and all non-conforming trees, shrubs, hedges and other growths shall be removed, trimmed or pruned so as to conform to this section within a period of six (6) months from the date of passage of this article.

(1983 Code of Ordinances, Chapter 16, Section 16-17)

§ 14.218 Enforcement.

It shall be the duty of the building inspector to supervise the enforcement of this article and if any violation thereof shall come to the attention of such officer it shall be his duty to file a sworn complaint alleging such violation in the municipal court.

(1983 Code of Ordinances, Chapter 16, Section 16-18)

§ 14.219 Zoning Map.

The zoning map of the City of Friona which is made a part of this article and shall be considered as much a part of the same as if the matters of information set forth thereby were all fully contained and described herein shall be in duplicate originals and is hereby adopted in duplicate, each of which shall bear the signature of the mayor and attestation of the city clerk for identification and authentication; one of said duplicate originals together with this article shall be enrolled by the city clerk upon the minutes of ordinances. The other duplicate original shall be framed and hung at some convenient place in the city hall for the use and benefit of the public.

When definite distance in feet are not shown on the zoning map, the district boundaries on the zoning map are intended to along existing street, alley or property lines, or extensions of, to, from the same. When the location of a district boundary line is not otherwise determined, it shall be determined by the scale of the map measured from a given line.

When the street layout actually on the ground varies from the street layout on the zoning map, the board of adjustment may apply the designation shown on the mapped streets in such a way as to carry out the intent and purpose of the plan for the particular zone in question.

Where the district boundaries are not otherwise indicated and where the property has been or hereafter may be divided into blocks and lots, the district boundaries shall be construed to the lot lines and where the district designated on the map accompanying and made a part of this article are bounded approximately by lot lines such lot lines shall be construed to the boundary of such districts unless such boundaries are otherwise indicated in the map.

In unsubdivided property the district boundary lines on the map accompanying and made a part of this article shall be determined by the use of the scale contained on such map.

(1983 Code of Ordinances, Chapter 16, Section 16-19)

§ 14.220 Applications for Permits.

Permits Required.

No person, firm or corporation shall erect, construct, enlarge, alter, replace, move, improve, remove, convert, or demolish any building or structure in the city or cause the same to be done without first obtaining a separate building permit for each such building or structure from the building inspector.

Application.

To obtain a permit the applicant shall first file one application therefor in writing on a form furnished for the purpose. Every such application shall:

Describe the land on which the proposed work is to be done by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;

Show the use or occupancy of all parts of the building;

Be accompanied by plans and specifications as required in subsection (c) below;

State the valuation of the proposed work;

Give such other information as reasonably may be required by the building inspector.

Plans and Specifications.

Each application for a permit shall be accompanied by two (2) sets of plans and specifications.

EXCEPTION: Plans and specifications need not be submitted for small and unimportant work when authorized by the building inspector.

Information on Plans and Specifications.

Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and the person who prepared them. Plans shall include a plot plan showing the location of the proposed building and of every existing building on the property. In lieu of detailed specifications, the building inspector may approve reference on the plans to a specific section or part of this article or other ordinances or laws.

(1983 Code of Ordinances, Chapter 16, Section 16-20)

§ 14.221 Building Permits.

Issuance.

The application plans and specifications filed by an applicant for a permit shall be checked by the building inspector. If the building inspector is satisfied that the work described in an application for permit and plans filed herewith conform to the requirements of this article, and other pertinent laws and ordinances, he shall issue a permit therefor to the applicant.

When the building inspector issues the permit he shall endorse in writing or stamp on both sets of plans and specifications “approved.” Such approved plans and specifications shall not be changed, modified, or altered without authorization from the building inspector and all work shall be done in accordance with the approved plans.

Retention of Plans.

One (1) set of approved plans and specifications and computations shall be retained by the building inspector for a period of not less than ninety (90) days from date of completion of the work covered therein and one (1) set of approved plans and specifications shall be returned to the applicant which set shall be kept on such building or work at all times during which the work authorized thereby is in progress.

Plans submitted for checking for which no permit is issued, and on which no action is taken by the applicant for 90 days shall be returned to the last known address of the applicant to renew action on said plan and payment of a new permit fee shall be required.

Validity.

The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for or an approval of any violation of any of the provisions of this article. No permit presuming to give authority to violate or cancel the provisions of this article shall be valid, except insofar as the work or use which authorized is lawful.

The issuance of a permit based upon plans and specifications shall not prevent the building inspector from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of this article or of any other ordinance of the city.

Expiration.

Every permit issued by the building inspector under the provisions of this article shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within sixty (60) days from the date of such permit or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of sixty (60) days. Before such work can be recommenced, a new permit shall be first obtained so to do, and the fee therefor shall be one half (½) the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year.

(1983 Code of Ordinances, Chapter 16, Section 16-21)

§ 14.222 Amendments.

The city council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established.

Before taking action on any proposed amendment, supplement, or change, the city council shall submit the same to the zoning commission for its recommendation and report.

A public hearing shall be held by the city council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publishing the same three (3) times in a newspaper of general circulation published in the City of Friona, stating the time and place of such hearing which time shall be not earlier than fifteen (15) days from the first date of such publication.

Unless such proposed amendment, supplement, or change has been approved by the zoning commission or if a protest against such proposed amendment, supplement or change has been filed with the city clerk duly signed and acknowledged by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change or those immediately adjacent on the rear thereof extending two hundred feet (200') therefrom or of those directly opposite thereto extending two hundred feet (200') from the street frontage of such opposite lots, such amendment shall not become effective except by a favorable vote of two-thirds (2/3) of all members of the city council.

(1983 Code of Ordinances, Chapter 16, Section 16-23)

§ 14.223 Violation.

Any person who shall violate any of the provisions of this article or fail to comply therewith shall for each and every such violation be guilty of a misdemeanor and upon conviction be fined in accordance with the general penalty provision in Section 1.109 of this code. The imposition of one penalty for a violation of this article shall not excuse the violation nor permit it to continue and all such persons shall be required to correct or remedy such violation within a reasonable time and each day that such violation continues and each day that such person fails to comply with such ordinance shall constitute a separate offense. The owner or owners of any building or premises or part thereof where anything in violation of this article shall be placed or shall exist any architect, builder, contractor, agent, person or corporation employs in connection therewith and who shall have assisted in the commission of any such violation shall be guilty of a separate offense, and upon conviction thereof shall be fined as herein provided.

(1983 Code of Ordinances, Chapter 16, Section 16-24)

§ 14.224 Certificate of Occupancy and Compliance.

No building 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 this article.

Certificates of occupancy and compliance shall be applied for coincident with the application for 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 and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.

No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy and compliance.

Continued Occupancy.

Nothing in this section shall prevent the continuance of the present occupancy and use of any now existing buildings except as may be specifically prescribed by this code or as may be necessary for the safety of life and property.

Certificate of Occupancy Refused.

It shall be the duty of the building inspector to refuse to issue such certificate of occupancy if it be found that the construction, arrangement or equipment of the premises is not in conformity with the requirements of this article for building use as proposed by the applicant as above-mentioned ordinance.

(1983 Code of Ordinances, Chapter 16, Section 16-25)

§ 14.225 Wind Towers.

It shall be unlawful to erect, build, place and/or construct any windmill, wind generator, wind turbine, wind tower or similar structure which for purposes of this section, shall collectively be referred to as “wind towers,” anywhere within the city limits, in excess of eight feet (8') in height unless conditions and specifications of this section are met.

Wind Towers Less than 30' in Height.

Wind towers that are greater than 8' in height but, no more than 30' in height, will only be allowed to be built, placed, erected or maintained on single tracts of land that are at least two (2) acres in size. Said wind tower will be situated upon said tract of land so that no part of the structure itself is less than 100' in any direction, from any adjacent property. For purposes of determining the 100', the measurement will be made from the closest point of the wind tower to the property lot line as shown on the official plat or record.

Wind Towers Taller than 30' and no Greater in Height than 70'.

Wind towers that are greater than 30' in height but, no more than 70' in height, will only be allowed to be built, placed, erected or maintained on single tracts of land that are at least seven (7) acres in size. Said wind tower will be situated upon said tract of land so that no part of the structure itself is less than 250', in any direction, from any adjacent property. For purposes of determining the 250', the measurement will be made from the closest point of the wind tower to the property lot line as shown on the official plat or record.

No wind towers greater than 70' in height shall be allowed or permitted upon any property located within the city limits.

Any and all wind towers in excess of 8' in height, permitted and/or allowed under this section shall be properly anchored and secured to the ground. The entire base, or each independent leg of the wind tower must be securely anchored in concrete. The wind tower structure itself must be made out of metal or steel. Prior to the construction and/or erection of any wind tower, engineered plans must be submitted to the code administrator which reflect that they have been prepared by an engineer, registered in accordance with state law. The plan shall reflect that an engineer has designed the wind tower to handle all of the wind loads, live loads, foundation and structural support and other parts thereof, in conformance with the International Building Code, as amended. The plans must reflect that the wind tower has been designed to keep the same from blowing over, crumpling or sailing in sustained wind of 90 mph.

If the wind tower is built, constructed or erected for the purpose of producing electrical power or energy, then in addition, prior to the construction and/or erection of the same, a complete set of electrical engineering plans must also be submitted to the code administrator showing that the wind tower is constructed and the electric generating aspect is in full compliance with any and all state, federal and local laws, codes and regulations.

No wind tower shall be erected unless it has a governor or other restrictive device that limits and prevents the blades, propeller or arms from spinning, rotating or moving any faster or a greater rate of speed than it would normally spin in a constant 25 mph sustained wind.

Any wind tower erected shall be maintained by the property owner in such a way as to not constitute an eye sore to the adjoining neighbors or, become a roosting place or perch for birds. The owner of the property shall maintain or otherwise ensure that the wind towers are maintained to keep them and prevent them from wearing down, squeaking, or making any noise that might be offensive to neighboring properties.

Unless required by other state, federal or county rules, regulations or statutes, no wind tower shall have a light, horn or any other device on it that can be seen and/or heard by any adjoining property owners.

It shall be the property owner’s responsibility to ensure that the tower operates, runs and is maintained for the specific purposes set forth in the permit issued by the city. Should at any time, the wind tower cease to operate and/or function for a period of time in excess of ninety (90) days, for the purposes authorized in the permit, said wind tower shall constitute an unauthorized use upon the property and it shall be the owner’s responsibility to disassemble, tear down and remove said wind tower or apply for and obtain a new permit.

Any property owner who fails to comply with the terms and conditions of this section shall be subject to a fine as provided in Section 1.109 of this code for each and every day that the violation continues, but if the offense is willful, on conviction thereof, the punishment shall be a fine as provided in Section 1.109 of this code for each and every day that the violation shall continue. In the event that a fine is imposed for failure to comply with the terms and provisions set forth in subsection (9) above, the fine shall be incurred each and every day after the 90th day or if a permit is denied, each day thereafter.

No wind tower shall be erected within 300 yards of any structure lawfully zoned to allow persons to reside in such structure.

Wind towers shall be allowed only in “IM” Industrial Manufacturing Districts as set forth in the city zoning ordinance, as amended.