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. They have been designed to lessen congestion in the streets, to secure safety from fire, panic and other danger, to provide adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things for the character of the district and for its peculiar suitability for particular uses, and with a view to conserving the value of the buildings and encouraging the most appropriate use of the land throughout the city.
(Appendix A, Ordinance adopted 5/2/77)
Zoning regulations and districts, as herein set forth, are approved and established. The city is hereby divided into classes of use districts termed respectively as follows, all are shown upon the zoning map which is adopted with and is declared to be a part of this ordinance, 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. Said map shall, on its face, be identified and verified in the manner following: It shall bear the title “Zoning Map of the City of Tahoka, Texas;” it shall bear even date with the passing of this ordinance; it shall bear the names of the city council members, the city consultants, and it shall be attested by the signatures of the mayor and the city secretary. The original of said map shall be kept in the city hall and a replica thereof shall be produced upon paper in such reduced scale as will permit of such replica copy being passed upon and attached to the page of the ordinance records immediately following transcription therein of this ordinance.
(Appendix A, Ordinance adopted 5/2/77)
"A" 
Dwelling Unit:
Buildings or land, in any portion of the city may be used for any of the uses listed under this classification, but in an “A” district no building or structure shall be hereafter erected which consists of less than seven hundred and fifty (750) square feet of floor space exclusive of garages and out-buildings or attached garages, or structurally altered, which is arranged or designed to be used for other than one or more of the following uses:
(1) 
One-family dwellings.
(2) 
Public schools, parks, or playgrounds.
(3) 
Accessory buildings, including a private garage and servant’s quarters, when located not less than eighty (80) feet from the front line, nor less than five (5) feet from any other street line, nor less than three (3) feet from either side line.
(4) 
Incidental uses: Uses customarily incident to any of the above uses, when situated in the same dwelling and not involving the conduct of a business, including customary home occupations when engaged in by the occupants of the dwellings, such as dressmaker, the office of a physician, surgeon, dentist, musician or artist, when used as his order private dwelling. Said incidental use, however, shall never be permitted as a principal use, but only as a secondary use when indispensably necessary to the enjoyment of the premises for any of the uses permitted by this section and actually made of the premises but not otherwise.
(5) 
Signs: No window displays, no name plate exceeding two (2) square feet in area, no temporary bulletin board or sign board exceeding twelve (12) square feet in area appertaining to the lease, hire, or sale or construction of a building or premises, nor advertising sign of any other character shall be permitted in any “A” district.
(6) 
Golf courses, but not including miniature, driving range, or any other form of commercial amusements.
(7) 
Temporary buildings, when they are to be used only for construction purposes or field office for the sale of the real estate of the immediate addition. Such temporary construction buildings must be moved immediately upon completion or abandonment of construction and the field office must be removed immediately upon request of the city inspector.
"B" 
Dwelling District:
Buildings or land, in any portion of the city except in an “A” district, may be used for any of the following uses; but in a “B” district no building or land shall be used, and no building or structure 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:
(1) 
Any use permitted in an “A” district.
(2) 
Fire stations.
(3) 
Churches.
(4) 
Kindergartens, playschools or day nurseries; when not more than ten (10) pupils.
(5) 
Parking automobile areas; as accessory use only.
(6) 
Telephone exchanges (no business office).
(7) 
Two-family dwellings.
(8) 
Water supply reservoirs and towers, gas and electric public utility regulator stations, but the size, height, and location of said stations to be fixed by the city council.
(9) 
There must be a minimum of six hundred (600) square feet of floor space for single family dwelling; duplex apartments when permitted must have a minimum of one thousand (1,000) square feet of floor space.
"B-1" 
Dwelling district:
Buildings or land, in any portion of the city except in an “A” district or “B” district, may be used for any of the following uses; but in a “B-1” district no building or land shall be used, and no building or structure 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:
(1) 
Any use permitted in an “A” or “B” district.
(2) 
There must be a minimum of five hundred (500) square feet of floor space for a single family dwelling; duplex apartments must have a minimum of eight hundred (800) square feet of floor space.
(3) 
There shall be a front yard having a depth of not less than twenty-five (25) feet from the property line to the front line of the building, covered porch, covered terrace or attached accessory building.
(4) 
Trailer camps.
"B-2" 
Dwelling district:
Buildings or land, in any portion of the city except in any of the preceding districts, may be used for any of the following uses; but in a “B-2” district no building or land shall be used, and no building or structure 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:
(1) 
Any use permitted in any of the foregoing districts.
(2) 
Multiple dwellings, apartment houses and group houses, including tourist camps or courts, and lodges. .
(3) 
Hospitals and clinics, excepting tubercular and veterinary hospitals and clinics and those for alcoholic, narcotic, insane and feeble-minded patients.
(4) 
Hotels in which businesses may be conducted for the sole convenience of the occupants of the buildings; provided, however, there shall be no entrance to such place of business except from the inside of the building.
(5) 
Institutions of a philanthropic nature other than penal or correctional institutions.
(6) 
Libraries and museums.
(7) 
Multiple dwellings, apartment houses and group houses, including tourist or trailer camps, courts or lodges.
(8) 
Private clubs, fraternities, sororities, lodges, except those whose chief activities are services customarily carried on as a business.
"D" 
Local retail district:
(1) 
Any use permitted in any of the foregoing dwelling districts.
(2) 
Automobile parking lots (not storage).
(3) 
Banks, offices, studios, office buildings, drugstores, camera stores.
(4) 
Restaurants or cafes.
(5) 
Retail pressing, dyeing and cleaning shops.
(6) 
Retail stores, barbershops, beauty parlors, and other shops for custom work or for the making of articles to be sold at retail on the premises; provided, no “secondhand goods” stores or yards will be permitted in the “D” district.
(7) 
Bakeries, laundries, candy manufacturing (when employing less than six (6) persons on the premises).
(8) 
Hotels.
(9) 
Theaters, moving picture shows.
(10) 
Job printing and newspapers.
"E" 
Local business district:
(1) 
Any use permitted in any of the foregoing districts.
(2) 
Auto sales (where the major business is the display and sale of new automobiles by an authorized dealer and repair work and storage facilities shall be purely incidental, provided further that the area allowed for the repairs and storage of cars shall not be nearer than twenty (20) feet from the front line of the building).
(3) 
Mortuaries, greenhouses, or nursery offices.
(4) 
Public storage garages (only minor repairs).
(5) 
Retail ice delivery stations, gasoline filling stations.
(6) 
Tourist court or lodges.
(7) 
Wholesale office and sample room.
(8) 
Any use not included in any other class; provided such use is not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise or vibration; provided further that no kind of manufacture or treatment shall be permitted in the “E” district other than the manufacture or treatment of products clearly incidental to the conduct of a retail business conducted on the premises.
"F" 
Business district:
(1) 
Any use permitted in any of the foregoing districts.
(2) 
Bakeries.
(3) 
Bottling works.
(4) 
Candy manufacturing.
(5) 
Art printing.
(6) 
Electro plating, electric works, including armature winding, galvanizing.
(7) 
Laundries, dyeing and cleaning works.
(8) 
“Secondhand” goods stores (when housed entirely in building).
(9) 
Pecan shelling.
(10) 
Public garages, including repairing.
(11) 
“Secondhand” automobile yards (not including wrecking).
(12) 
Storage warehouses.
(13) 
Wholesale houses.
(14) 
Any use not included in any other class provided such use is not noxious or offensive by reason of the emission of odor, dust, smoke, gas fumes, noise or vibration; provided further, that no kind of manufacture or treatment not listed above shall be permitted in an “F” district other than the manufacture or treatment of products clearly incidental to the conduct of a business conducted on the premises.
"G" 
Industrial districts:
(1) 
Any use permitted in any of the foregoing districts.
(2) 
Blacksmith or horseshoeing shops.
(3) 
Ice cream manufacture, ice manufacture, cold storage plants, electric power plants, and creameries and dairy products manufacture and processing, wholesale milk distribution.
(4) 
Cotton storage yards.
(5) 
Broom manufacture.
(6) 
Building materials, storage yards, lumber yards.
(7) 
Carpet cleaning.
(8) 
Chicken hatcheries.
(9) 
Central mixing plants for cement, mortar, plaster and paving materials.
(10) 
Commercial amusement parks, swimming pools, skating rinks, dance halls, driving ranges, archery ranges, miniature golf courses.
(11) 
Emery cloth and sand paper manufacture.
(12) 
Flour mills.
(13) 
Iron, steel or copper fabrication plants.
(14) 
Livery freight depots or garages.
(15) 
Machine shops.
(16) 
Mattress manufacture.
(17) 
Paper box manufacture.
(18) 
Penal or correctional institutions, institutions for the care of tubercular, insane, feeble-minded, alcoholic, or narcotic patients.
(19) 
Billboard or advertising signs pertaining to business on site; size restricted by sign ordinance.
(20) 
Planing mills and wooden box manufacture.
(21) 
Refrigerator manufacture.
(22) 
Contractor’s plants and storage.
(23) 
Stone monumental works.
(24) 
Veterinary hospitals.
(25) 
Yeast plants.
(26) 
Manufacture of any kind not listed under “H” First manufacturing district or under “I” Second manufacturing district, provided that such use is not noxious or offensive by reason of the emission of dust, smoke, gas, noise or vibration.
(27) 
Roustabout gangs.
(28) 
Well servicing.
(29) 
Dirt contractors.
(30) 
Trucking contractors.
(31) 
Feed stores.
(32) 
Recreation parlors.
(33) 
Bowling alleys.
"H" 
First manufacturing district:
(1) 
Any use permitted in any of the foregoing districts.
(2) 
Alcohol manufacture.
(3) 
Automobile wrecking.
(4) 
Bag cleaning.
(5) 
Blast furnaces.
(6) 
Boiler works.
(7) 
Brick, tile, pottery or terra cotta manufacture.
(8) 
Canning or preserving manufacture, egg breaking.
(9) 
Celluloid and similar cellulose material manufacture.
(10) 
Cotton compresses, cotton ginning, cotton bailing, cotton warehouses and cotton seed manufacture.
(11) 
Coal hoists, coal pockets or coal tar trestles.
(12) 
Disinfectants and insecticides.
(13) 
Dye stuff manufacture.
(14) 
Fish smoking and curing.
(15) 
Feed mills.
(16) 
Forage plants.
(17) 
Grain elevators.
(18) 
Iron, steel, brass or copper foundries.
(19) 
Oil cloth or linoleum manufacture.
(20) 
Oil or rubber goods manufacture.
(21) 
Petroleum products, wholesale storage of.
(22) 
Pickle manufacture.
(23) 
Potash works.
(24) 
Poultry killing, cleaning and dressing, storage of live poultry.
(25) 
Pyroxlim manufacture.
(26) 
Railroad roundhouses or shops.
(27) 
Rock crushers.
(28) 
Rolling mills.
(29) 
Rubber or gutta-percha manufacture or treatment.
(30) 
Shoe polish manufacture.
(31) 
Stone mills or quarries.
(32) 
Storage or bailing of rags, iron, junk or paper.
(33) 
Stove polish manufacture.
(34) 
Tile roofing or water proof manufacture.
(35) 
Textile manufacture.
(36) 
Wool pulling or scouring.
(37) 
Livestock auction sales with barns and temporary concentration shipping, loading and unloading facilities.
(38) 
Manufacture or industrial operations of any kind not heretofore listed; but exclusive of any kind of use listed under “I” district.
"I" 
Second manufacturing district:
(1) 
Any use not prohibited by city ordinance.
(2) 
Nothing in this ordinance shall be construed as repealing any existing ordinance of the city regulating nuisances, or to permit uses which are now prohibited by ordinances.
Newly annexed territory: All territory annexed to the city hereafter shall be classified as “A,” single family dwelling district, until permanently zoned by the governing body. The city planning and zoning commission shall, as soon as practicable, after annexation of any territory to the city, institute proceeding on its own motion to give the newly annexed territory a permanent zoning and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.
(Appendix A, Ordinance adopted 5/2/77)
(1) 
The height of buildings in the “A,” “B,” or “C” or “D” districts shall not exceed thirty-five (35) feet or two and one-half (2½) stories and the height of buildings in the “E” district shall not exceed forty-five (45) feet or three (3) stories.
(2) 
One family dwellings in the thirty-five (35) feet districts may be increased in height by not more than ten (10) feet when two (2) side yards of not less than twenty-five (25) feet each are provided. Such dwellings, however, shall not exceed three (3) stories in height.
(3) 
In the thirty-five (35) and forty-five (45) foot height districts, public or semi-public buildings, hotels, apartments, hospitals, sanitariums or schools may be erected to a height not exceeding seventy-five (75) feet when the front, side and rear yards are each increased an additional foot for each foot such buildings exceed thirty-five (35) feet and forty-five (45) feet, respectively, in height.
(4) 
The height of buildings in the “C” district shall not exceed seventy-five (75) feet or six (6) stories, but above the height permitted at said yard line, four (4) feet may be added to the height of the buildings for each one foot the building or portion thereof is set back from the required yard lines; provided, however, that the cubical content of such buildings shall not exceed the cubical content of a prism having a base equal to the area of the lot and a height of one hundred (100) feet.
(5) 
The height of buildings in the “F” district shall not exceed one hundred (100) feet and the height of buildings in the “G,” “H,” and “I” districts shall not exceed one hundred (100) feet, but above the height permitted at the rear lines four (4) feet may be added to the height of the building for each one foot that the building or portion thereof is set back from the required yard lines; provided, however, that the cubical content of such building shall not exceed the cubical content of a prism having a base equal to the area of the lot and height of one hundred twenty-five (125) feet.
(6) 
In the “F” district a tower may be constructed without reference to the above limitations, provided the largest horizontal dimensions of any side of the tower shall not exceed sixty (60) feet and provided the horizontal area shall not exceed twenty-five (25) percent of the area of the lot, and provided such tower shall be removed at least twenty-five (25) feet from all lot lines and at least fifty (50) feet from any other.
(7) 
Chimneys, water towers, penthouses, scenery lofts, sugar refineries, monuments, cupolas, spires, domes, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the city.
(8) 
On through lots one hundred fifty (150) feet or less in depth the height of a building may be measured from the curb level on either street. On through lots more than one hundred fifty (150) feet in depth, the height regulation and basis of height measurement for the street permitting the greater height shall apply to a depth of more than one hundred fifty (150) feet from that street.
(Appendix A, Ordinance adopted 5/2/77)
(1) 
In the “A” district there shall be a front yard having a depth of not less than thirty (30) feet from the property line to the front line of the building, covered porch, covered terrace or attached accessory building.
(2) 
In the “B” and “B-1” districts there shall be a front yard having a depth of not less than twenty-five (25) feet from the property line to the front line of the building, covered porch, covered terrace or attached accessory building.
(3) 
In the “B-2” and “C” districts there shall be a front yard having a depth of not less than twenty (20) feet and in the “F” and “G” districts there shall be a front yard having a depth of not less than fifteen (15) feet from the property line to the front line of the building, covered porch, covered terrace or attached accessory building.
(4) 
In the “D,” “E,” “H,” and “I” districts no front yard is required unless building is erected or structurally altered for dwelling purposes in which even, a front yard of not less than fifteen (15) feet in depth is required.
(Appendix A, Ordinance adopted 5/2/77)
(1) 
In all districts where buildings are erected or structurally altered for dwelling purposes shall be a rear yard having a depth of not less than twenty (20) percent of the depth of the lot, provided such rear yard need not exceed twenty-five (25) feet.
(2) 
In the “D” and “E” districts there shall be a rear yard having a depth of not less than twenty (20) percent of the depth of the lot provided such rear yard need not exceed twenty-five (25) feet.
(3) 
In the “F,” “G,” “H,” and “I” districts, when property is not used for dwelling purposes, and when not abutting on the rear of a dwelling district, no rear yard is required. If abutting on the rear of a dwelling district, “A,” “B,” “B-1,” “B-2” or other dwelling districts then a rear yard of at least ten (10) feet is required.
(4) 
In computing the required bit of a rear yard for any building or such yard abutting an alley, the depth of the lot maybe considered to the center of the alley and the required bit of rear yard measures from the center of said alley.
(5) 
An accessory building not exceeding one story in height may occupy not more than sixty (60) percent of a minimum required rear yard.
(6) 
An accessory building exceeding one story in height may occupy not more than forty (40) percent of a minimum required rear yard.
(Appendix A, Ordinance adopted 5/2/77)
(1) 
In districts “A,” “B,” “B-1,” “B-2,” “C,” and in all other districts where a building is erected or structurally altered for dwelling purposes there shall be two (2) side yards, one on each side of the building having combined width of not less than twenty (20) percent of the width of the lot, provided that in no case shall either side yard be less than five (5) feet, and provided further that the combined widths of the two (2) side yards need not exceed twelve (12) feet. In the “D” district where a building is erected or structurally altered for dwelling purposes, said building shall have side yards of not less than ten (10) feet from the property line and they shall have a back yard of not less than five (5) feet from the property line.
(2) 
In the “C” district and in the other districts where a building is erected or structurally altered for dwelling purposes for building more than three (3) stories in height, but not exceeding six (6) stories in height, each of the two (2) side yards shall be increased three (3) feet in width for each additional story above the third. For buildings more than eight (8) stories, or one hundred (100) feet in height, there shall be an additional set-back as provided in the height regulations above.
(3) 
In the “D,” “E,” “F,” “G,” “H” and “I” districts if the property is not used for dwelling purposes no side yards are required, unless a lot abuts upon the side of a lot zoned for dwelling purposes, there shall be a side yard, if provided for a business or industrial building, shall not be less than four (4) feet.
(4) 
For the purpose of side yard regulations, two (2) or more detached one- or two-family dwellings shall be considered as one building when occupying one lot, provided, however, there shall be a minimum of ten (10) feet between the sides of the building on the same lot.
(5) 
In the case of group houses or court apartments, when buildings rear upon the side yard, the width of the said yard shall be increased by one foot for each building or apartment abutting thereon. If any stairways open onto or are served by such side yard, the minimum width of such side yard shall be ten (10) feet.
(6) 
The width of a place or court shall not be less than forty (40) feet measured between buildings or from buildings to the opposite property line, provided that open or unenclosed porches may project into the required place or court not more than twenty (20) percent of the width of such place or court.
(7) 
All other requirements including front, side and rear yards shall be complied with in accordance with the district in which such group houses or court apartments are located.
(8) 
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed except for the ordinary projections of sills, belt courses, cornices; provided, however, the above projections shall not extend into a court more than twenty-four (24) inches nor into a minimum side yard more than twenty-four (24) inches.
(9) 
The side and front yard requirements for dwellings shall be waived where dwellings are erected above stores or shops.
(10) 
On corner lots the side yard regulations shall be the same as for interior except in the case of side street or reversed frontage (where the corner lot faces an intersecting street) in which case there shall also be a side yard on the street side equal to the front yard on the lots in the rear. No accessory building on said corner lot shall project beyond the front yard line 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 intersection street, and of record at the time of passage of this ordinance to less than twenty-eight (28) feet, nor to prohibit the erection of an accessory building where the regulation cannot reasonably be complied with. In no event shall there be a corner lot with a building situated thereon which is closer than ten (10) feet to either street.
(Appendix A, Ordinance adopted 5/2/77)
(1) 
In the “A” district the minimum area of the lot shall be seventy-five hundred (7500) square feet including any alley influence.
(2) 
In the “B” and “B-1” districts the minimum area of the lot shall be six thousand (6,000) square feet for one family dwelling and seven thousand (7,000) square feet for two family dwelling.
(3) 
In the “B-2,” “C,” “D,” “E,” “F,” “G,” “H,” and “I” districts the minimum area of the lot shall be five thousand (5,000) square feet for a one family dwelling; six thousand (6,000) square feet for a two family dwelling; and for apartment houses or buildings arranged or designed for more than two (2) families the minimum lot area shall be seven thousand (7,000) square feet for each family in excess of two (2).
(4) 
On any lot held under separate distinct ownership from adjoining lots at the same time of the passage of this ordinance, such separately owned property being of record at the time, a single family dwelling may be erected even though the lot be of less area than required by the regulating to area in the district in which it is located; provided, however, that in any event the combined area of the dwelling and accessory building shall not cover more than forty (40) percent of the total area of the lot.
(5) 
No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established. Side yard areas used to comply with minimum requirements of this ordinance for a building shall not be included as a part of the required areas of any other building.
(Appendix A, Ordinance adopted 5/2/77)
(1) 
On any lot on which a front yard is required by this ordinance 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.
(2) 
Any fence, wall, hedge, or shrubbery higher than a base line extending from a point two and one-half (2½) feet above walk grade to a point four and one-half (4½) feet above walk grade at the depth of front yard required is hereby declared to be an obstruction to view, except single trees, having single trunks which are pruned to a height of seven (7) feet above walk grade.
(Appendix A, Ordinance adopted 5/2/77)
(1) 
Any use of property existing at the time of the passage of this ordinance that does not conform to the regulations prescribed in the preceding sections of this ordinance shall be deemed a nonconforming use; except that any duplex or apartment use existing at the time of the passage of this ordinance shall be thereafter deemed a conforming use. Any lawful use existing within a building at the time of the passage of this ordinance, in any business, industrial or manufacturing district, shall be deemed a conforming use upon the lot devoted to such use at the time of the passage of this ordinance.
(2) 
The lawful use of land existing at the time of the passage of this ordinance, although such does not conform to the provision hereof, may be continued, but if such nonconforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this ordinance. If a building occupied by a nonconforming use is destroyed by fire or the elements it may not be reconstructed or rebuilt except to conform with the provisions of this ordinance.
(3) 
The lawful use of the building at the time of the passage of this ordinance may be continued, although such does not conform to the provisions hereof, and such use may be extended throughout the building provided no structural alteration, except those required by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of a building is once changed to a nonconforming use of a higher or more restricted classification it shall not later revert to the former lower or less restricted classification.
(4) 
The right of nonconforming use to continue shall be subject to such regulations as to maintenance of the premises and conditions of operation as may in the judgment of the board of adjustment be reasonably required for the protection of adjacent property.
(5) 
Nothing in this ordinance shall be taken to prevent restoration of a building destroyed to the extent of not more than fifty-one (51) percent of its reasonable value by fire, explosion or other casualty, or act of God, or a public enemy, nor the continued occupancy or use of such building, or part thereof, which existed at the time of such partial destruction.
(Appendix A, Ordinance adopted 5/2/77)
(1) 
When definite distances in feet are not shown on the zoning map, the district boundaries on the zoning map are intended to be along existing street, alley or property lines, or extensions of or 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.
(2) 
Where the street layout actually on the ground varies from the street layout as shown 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 area in question.
(Appendix A, Ordinance adopted 5/2/77)
Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of this ordinance and which entire building shall be complete within one year from the date of the passage of this ordinance. Nothing herein contained shall require any change in plan, construction or designated use of a building for which a building permit has been heretofore issued and which entire building shall be complete within six (6) months from the date of the passage of this ordinance. If any amendment to this ordinance is hereafter adopted changing the boundaries of districts, the provisions of this ordinance with regard to building, or premises existing or buildings under construction or building permits issued in the area affected by such amendment at the time of the passage of such amendment.
(Appendix A, Ordinance adopted 5/2/77)
(1) 
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 city inspector stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.
(2) 
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 city inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
(3) 
No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy and compliance.
(Appendix A, Ordinance adopted 5/2/77)
(a) 
There is hereby created a board of adjustment consisting of five (5) members, each to be appointed by the city council for a term of two (2) years and removable for cause by the appointing authority. Vacancies shall be filled by the appointment by the original appointing authority of a suitable person to serve out the unexpired term of any member whose place on the board has become vacant for any cause. The board is hereby vested with power and authority, in appropriate cases and subject to appropriate conditions and safeguards to make such exceptions to the terms of this ordinance in harmony with its general purpose and intent and in accordance with general or special rules therein contained for the purpose of rendering full justice and equity to the general public.
The board may adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this ordinance. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oath and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent, or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be public record.
(b) 
Appeals to the board of adjustment can be taken by any person aggrieved or by any officer or department of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within fifteen (15) days time after the decision has been rendered by the administrative officer, by filing with the appeal specifying the grounds thereof. 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 shall stay all proceedings 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 has 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 case, 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 due cause shown.
The board of adjustment shall fix a reasonable time for the hearing of an appeal, give the 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 appear in person or by attorney or by agent.
(c) 
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) 
To hear and decide special exceptions to the terms of the ordinance upon which the board is required to pass under this ordinance.
(3) 
To authorize upon appeal in special cases, such variances from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done.
(d) 
In exercising its powers the board may, in conformity with the provisions of article 1011a and including 1011j of the 1925 Civil Statutes of Texas revise or reform, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, or decision of the officer from whom the appeal is taken.
(e) 
The concurring vote of four (4) members of the board shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this ordinance or to affect any variance in said ordinance.
(f) 
Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, any taxpayer, any officer, or department of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the board and not thereafter.
(Appendix A, Ordinance adopted 5/2/77)
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 shall build or alter any buildings in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor, and shall be subject to fine of not more than two hundred dollars ($200.00) and each day such violations shall be permitted to continue 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, any architect, 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 provided above.
(Appendix A, Ordinance adopted 5/2/77)
The following shall apply in the interpretation and enforcement of this ordinance:
(1) 
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; the word “shall” is mandatory and not discretionary.
(2) 
Accessory Building:
A subordinate use or building customarily incident to and located on the lot occupied by the main use or building.
(3) 
Alley:
A way which extends only secondary means of access to abutting property.
(4) 
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.
(5) 
Apartment House:
A building or portion thereof arranged, designed, or occupied by three (3) or more families living independently of each other.
(6) 
Boarding House:
A building other than a hotel where lodging and meals for five (5) or more persons are served for compensation.
(7) 
Courts, Tourist:
A building or group of buildings designed, arranged or used for temporary occupancy having accommodations for housing or parking automobiles in close proximity to the quarters occupied by the owner of such automobile and providing three (3) or more of such quarters.
(8) 
Courts, Trailer:
An area designed and used for the temporary occupation by automobile trailer or tent quarters and providing for one or more of such quarters.
(9) 
Customary Home Occupations:
Occupations ordinarily carried on in a home that are not detrimental or injurious to adjoining property. These may include 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 barbershops, tinners shops, transfer or moving van offices, flower shops, carpenter shops, electricians shops, plumbers shops, radio shops, auto repairing or sign painting.
(10) 
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.
(11) 
Depth of Lot:
The mean horizontal distance between the front and rear lot line.
(12) 
District:
A section of the city for which the regulations governing the area, height and use of buildings are uniform.
(13) 
Dwelling, Multiple:
A building used or designed as a residence for three (3) or more families or households, living independently of each other.
(14) 
Dwelling, Group Houses:
Detached or semi-detached dwellings built on one lot, usually in opposing rows separated by a walkway or court.
(15) 
Dwelling, One Family:
A detached building having accommodations for and occupied by only one family.
(16) 
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.
(17) 
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.
(18) 
Front Yard:
An open, unoccupied space on the same lot with a building, between the building and the street extending across the front of the lot.
(19) 
Gross Floor Area:
The gross floor area of an apartment house shall be measured by taking outside dimensions of the apartment building at each floor excluding, however, the floor area of basements or attics when not occupied as living quarters.
(20) 
Garage, Private:
A garage with capacity for not more than five (5) motor-driven vehicles for storage only and for private use.
(21) 
Garage, Public:
Any premises not a private garage, as defined above, used for housing of more than three (3) motor-driven vehicles or where any such vehicles are repaired for operation, or kept for remuneration, hire or sale.
(22) 
Garage, Storage:
Any premises, except those defined as a private or public garage, used exclusively for the storage of automobiles.
(23) 
Height:
The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher; or if no street grade has been established to the highest point of the roof’s surface if a flat surface to the deck line of mansard roofs; and to the mean height level between eaves and ridge for hip or gable roofs. In measuring the height of a building, the following structures shall be excluded: chimneys, cooling towers, radio towers, ornamental cupolas, domes, or spires, elevator bulk heads, penthouses, tanks, water towers, and parapet walls not exceeding four (4) feet in height.
(24) 
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 provisions are not made for cooling in any individual apartment, and in which there are more than twelve (12) sleeping rooms, a public dining room for the accommodations of more than twelve (12) guests, and a general kitchen.
(25) 
Institution:
A building occupied by a nonprofit corporation or nonprofit establishment for public use.
(26) 
Lodging House:
A building other than a hotel where lodging for five (5) or more persons is provided for compensation.
(27) 
Lot:
Land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place.
(a) 
Interior-is a lot other than a corner lot.
(b) 
Through-a lot having frontage on two (2) parallel or approximately parallel streets.
(c) 
Fractional-a portion of a lot that has been cut off of a corner lot, having the side line of an adjacent lot as its rear line and the rear line of the remainder of the corner lot as a side line.
(d) 
Front line-the line of an interior lot which is adjacent to the street. On corner lots it is the prolongations of the front lot line of adjacent interior lots as originally platted.
(28) 
Lot Lines:
The lines bounding a lot as defined herein.
(29) 
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.
(30) 
Nonconforming Uses:
A building or premises occupied by a use that does not conform to the regulations of the use in the district in which it is situated.
(31) 
Open Space:
Area included in any side, rear or front yard or any unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves or porches.
(32) 
Person:
The word “person” when used in this ordinance shall for the purpose of this ordinance, mean every person, firm, copartnership, association, partnership, corporation or society; and the term “person” shall include both singular and plural, and the masculine shall embrace the feminine gender.
(33) 
Place:
An open, unoccupied space reserved for purposes of access to abutting property.
(34) 
Rear Yard:
A space unoccupied except by buildings 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.
(35) 
Reserved Frontage:
A portion of a corner lot fronting the street which was originally platted as aside street.
(36) 
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 any street or from the front yard or to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line.
(37) 
Stables, Private:
A stable with a capacity for not more than five (5) horses, mules or other domestic animals.
(38) 
Stables, Public:
A stable with a capacity for more than five (5) horses, mules or other domestic animals.
(39) 
Street:
Any public thoroughfare dedicated to the public and not designated as an alley.
(40) 
Story:
That portion of a building 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 end the ceiling next above.
(41) 
Story, Half:
A story under a gable, hip or gambrel roof, the wall plates of which at least two (2) exterior walls are not more than two (2) feet above the floor of such story.
(42) 
Structural Alterations:
Any change in the supporting member of a building such as bearing walls, columns, beams or girders.
(43) 
Width of Side Yard:
The mean horizontal distance between a side wall of a building and the side line of the lot.
(Appendix A, Ordinance adopted 5/2/77)
(1) 
The city council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established.
(2) 
Before taking action on any proposed amendment, supplement or change, the city council shall submit same to the planning and zoning commission for its recommendations and report.
(3) 
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 publication three (3) times in the official publication of the city, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first date of publication or by certified mail.
(4) 
Unless such proposed amendment, supplement or change has been approved by the planning and zoning commission, or if a protest against such amendment, supplement or change has been duly filed with the city secretary, duly signed and acknowledged by the owners of twenty (20) percent or more of the area of the lot included in such proposed change or within two hundred (200) feet from any point of the proposed change in any direction, such amendment shall not become effective except by a three-fourths (¾) vote of the city council.
(Appendix A, Ordinance adopted 5/2/77)
Should any part of this ordinance be held invalid, no other part shall necessarily be affected thereby.
(Appendix A, Ordinance adopted 5/2/77)
This ordinance was read, passed and adopted at meeting of the city council held the second day of May, 1977.
(Appendix A, Ordinance adopted 5/2/77)