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Editor's note–This article consists of the zoning ordinance of the city, Ordinance 1053 adopted June 11, 1984, as amended, previously published as chapter 12, exhibit A, in the 1994 Code of Ordinances. Section and subsection numbers, style, capitalization and formatting have been changed to be consistent with the remainder of the Code of Ordinances, and this will be maintained in future amendments to this article. At the direction of the city, fee amounts have been replaced by the language "a fee as established by the city". The terms "city administrator" and "city secretary" have been changed to "city administrator-secretary". Obviously misspelled words have been corrected without notation. Except for these changes, such ordinance is printed herein as enacted and amended.
The following zoning ordinance regulations follow a comprehensive
plan in order to allow better circulation of pedestrian and vehicular
traffic with minimum congestion; to provide adequate light and air;
to avoid overpopulation or excessive crowding of land; to facilitate
the provision of adequate transportation, water, sewerage, schools
and parks; and to promote the general health and welfare of the community.
Also a purpose of this article is to conserve the value of buildings
and to encourage appropriate use of land.
(Ordinance 1053 adopted 6/11/1984)
The City of Stanton, Texas shall be divided into seven (7) zoning
districts. The regulations and restrictions dealing with height, size,
location, size of yards, open spaces, density of living units, and
use of land shall be uniform within each district. These districts
shall be known as the following:
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Single-Family (SF-1)
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Single-Family (including mobile homes) (SF-2)
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Multi-Family (MF)
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Local Retail (LR)
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General Commercial (GC)
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Industrial (I)
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Public Land (PL)
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(Ordinance 1053 adopted 6/11/1984)
The boundaries of the zoning districts are delineated on the
Zoning District Map of the City of Stanton, Texas, and that map shall
be a part of this article. There shall be four (4) official copies
of the zoning district map. These copies shall be filed as follows:
(1)
One
(1) copy to remain unaltered will be filed with the city administrator-secretary.
(2)
One
(1) copy to be kept up-to-date will be filed with the building inspector.
(3)
One
(1) copy to be kept up-to-date will be filed with the planning and
zoning commission.
(4)
One
(1) copy to be kept up-to-date will be filed with the city engineer.
(Ordinance 1053 adopted 6/11/1984)
Any building or land use which is placed in use at any time
after the adoption of this article shall be in conformance with the
regulations and restrictions within this article.
(Ordinance 1053 adopted 6/11/1984)
Any land being annexed to the City of Stanton, either voluntarily
or involuntarily, after the adoption of this article will be zoned
in accordance with the following procedure.
(1)
The
land proposed to be annexed will first be considered by the planning
and zoning commission and the recommendation of the commission obtained
as to its classification; and
(2)
Upon
annexation thereof, the city council may approve such recommendation,
modify or change the zone classification and final determination thereof
will be made by the city council.
(Ordinance 1053 adopted 6/11/1984)
A subordinate building, detached from the main use building,
which has a use obviously incidental to the main land use. In any
residential district this building may not be used for commercial
purposes.
A room or suite of rooms arranged, designed or occupied as
a residence by a family or an individual.
Shall include only the area within the property lines excluding
any portion of the streets or alley.
Any structure designed for the support, shelter, or any enclosure
of any persons, animals, chattels or property.
A line which is parallel or nearly parallel to the street
and beyond which buildings may not be built.
Any vehicle or similar portable structure that is used as
a sleeping or living quarters while the occupants are on a trip or
vacation and will be used only as a temporary quarters. If such a
trailer is used within the city as regular sleeping or living quarters,
it must be designated as a mobile home.
A vehicle storage building that does not have any door, gate
or fence obstructing the entrance way into the shed and which has
no more than two (2) sides enclosed.
An occupation carried on in the home by the occupant or a
member of his family which will require no structural alteration to
the building or any of its rooms, without the installation of machinery
or equipment other than that used for the normal operation of the
home. There may be no employment of additional persons who do not
live on the premises, or use of advertising signs. The use shall not
cause additional traffic congestion on the street.
This means horizontal distance between the front lot line
and the front building line.
This means horizontal distance between the front and rear
lot lines.
This means horizontal distance between the rear line of a
building other than an accessory building and the rear lot line.
An area of the city in which use, area, height and other
regulations are uniform.
A building or portion thereof designed for the residential
use of one (1), two (2) or multiple families; not including hotels,
motels boarding, rooming or lodging houses.
Any number of people living together as a single housekeeping
unit otherwise legally recognized as a family in which no more than
four (4) individuals are unrelated by blood.
The floor area of a building shall be measured by taking
the outside wall dimensions of the building at each floor level, excluding
the basement.
The line of the lot adjacent to the street on interior lots.
On corner lots it is the extension of the lot line of the adjacent
interior lot.
An accessory building or portion of the main residence building
which is designed for the storage of automobiles and other noncommercial
vehicles having a door and/or three (3) enclosed walls.
The height of a building or portion of a building shall be
measured from the average grade established at the street lot line
or from the average natural ground level, to the highest point of
the roof's surface if a flat surface; to the deckline of mansard roofs;
and to the main height level between eaves and ridge for hip and gable
roofs. The following structures shall not be considered in measuring
height: chimneys, cooling towers, elevator bulkheads, penthouses,
tanks, water towers, ornamental domes or spires and parapet walls
not more than eight feet (8') tall.
An institution or place where sick or injured inpatients
are given medical or surgical care. This shall not include hospitals
for alcoholics, narcotics, insane, feebleminded or for animals.
A building which is occupied as a more or less temporary
abiding place with no provisions for cooking in the individual rooms,
in which there are more than twelve (12) sleeping rooms, a public
dining room with accommodations for more than twelve (12) guests and
central kitchen.
Land occupied or to be occupied by a main use building and
its accessory buildings, including yards and other open space requirements
as set up by this article, and having its frontage upon a public street
or officially approved place, and also adjoining an alley.
The percentage of the total lot area covered by the first
floor of the main building plus accessory buildings located on the
lot.
The lines bounding a lot as defined herein.
Any vehicle or similar portable structure, used as a sleeping
or living quarters mounted on wheels or designed to be mounted on
wheels for transportation.
A group of attached or detached buildings containing individual
sleeping or living units for twelve (12) or more individuals or groups.
Each unit must have an adjoining or conveniently located parking space.
A building, structure or use of land lawfully occupied at
the time of the effective date of this article or amendments thereto,
and which does not conform to the use regulations of the district
in which it is located.
An area of not less than one hundred eighty (180) square
feet (approximately nine feet (9') by twenty feet (20')) not on a
public street or alley, surfaced with an all-weather surface, enclosed
or not enclosed, together with an all-weather surface driveway connecting
the parking space with a public street or alley, allowing free entrance
and exit. This shall not include parking for trucks or buses for commercial
purposes.
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 projections of cornices, eaves or porches.
Those lines which bound a lot excluding any rights-of-way
or other portions of public property.
The line of the lot opposite the front lot line.
A building for public or private social, educational and
recreational activities of a neighborhood or community provided that
the building is not operated for commercial gain.
An accessory building used for the storing of property incidental
to the main use of the land.
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between such floor and the ceiling
next above it.
A public way which serves as the primary means of access
to the abutting property.
Any change in the supporting member of a building, such as
bearing wall, column, beam or girder.
The purpose for which land or a building is arranged, designed
or intended, or for which either land or a building is or may be occupied
or maintained.
This means horizontal distance between the side lot lines.
This means horizontal distance between the side wall of a
building and the side lot line.
An open, unoccupied space other than a court, on the lot
where a building is located and which is unobstructed from the ground
to the sky.
(Ordinance 1053 adopted 6/11/1984)
(a)
Use regulations.
The land and buildings shall be used
only for the following purposes:
(1)
Single-family dwelling.
(2)
Church (except of the temporary revival nature).
(3)
Public schools.
(4)
Public museums, libraries, parks or playgrounds.
(5)
Farm, ranch, garden or nursery provided there are no retail sales
made.
(6)
Fire station and water storage and pumping facilities.
(8)
Telephone exchange (no repair or storage).
(9)
Any accessory building incidental to the conforming uses listed above,
such as an automobile garage (not for rental or commercial purposes).
(10)
Nameplates or bulletins for schools and churches which shall not
exceed twelve (12) square feet in area.
(11)
Signs advertising the sale or rental of property not to exceed twelve
(12) square feet, and to be removed at the time of lease or sale of
the building or property.
(12)
No mobile homes.
(b)
Area regulations.
The following minimum lot area, dimensions,
and yards as well as maximum lot coverage must be observed:
(1)
The minimum area of a lot shall be four thousand eight hundred (4,800)
square feet.
(2)
The minimum average depth of a lot shall be one hundred (100) feet.
(3)
The minimum average width of a lot shall be forty (40) feet.
(4)
There shall be a front yard having a minimum depth of twenty-five
(25) feet.
(5)
There shall be two (2) side yards, and neither shall be less than
five (5) feet. The side yard of a corner lot, adjacent to a street,
shall be a minimum of ten (10) feet.
(6)
There shall be a rear yard of five (5) feet required for the main
use building. Accessory buildings with openings to the alley must
have a five (5) feet rear yard.
(c)
Location of accessory building (detached).
(1)
An accessory building cannot be located in the front yard.
(2)
A minimum of five (5) feet from the side lot line, except on a corner
lot which must be ten (10) feet from the exterior side lot line.
(3)
Accessory buildings will be allowed on the rear property line; but
if there is an opening to the alley, a setback of five (5) feet will
be required.
(4)
A minimum of five (5) feet from the main building, when not constructed,
intended or used for human occupancy at any time.
(5)
A minimum of ten (10) feet from the main building if constructed,
used or intended for human occupancy at any time (mobile home on temporary
use permit).
(d)
Parking regulations.
(1)
There shall be a minimum of one (1) off-street parking space for
each dwelling unit. This space may be within the required front yard.
(2)
Where a side yard adjoins a side street on a corner lot, no garage
with access to the side street may be erected nearer to the side property
line than twenty (20) feet. Exception: If the side street has been
permanently curbed, guttered and paved, a garage may be located providing
it is a minimum of ten (10) feet from the side property line and a
minimum of twenty (20) feet from the established curb line.
(3)
Where a side yard adjoins a side street on a corner lot, a carport
may be constructed with access to the side street provided that the
front of the carport is in line with the existing side wall of the
residence.
(4)
A front yard carport or garage shall not be allowed which occupies
any portion of the required twenty-five (25) feet front yard.
(A)
Front yard open carport.
Construction of an open carport
within the required front yard area will only be allowed if the property
owner files an application for a zoning variance and receives permission
from the planning and zoning commission following a public hearing.
The planning and zoning commission will consider variances for front
yard open carports under the following guidelines:
(i)
It must be an open carport (a structure which consists of a
roof and necessary number of supporting poles which has no door, gate
or fence impeding the entrance way and which none of the sides are
enclosed in any manner).
(ii)
The length, width and heights of the carport must be stated
in the application.
(iii)
The front edge of the carport must be a minimum of five (5)
feet from the front property line and also a minimum of ten (10) feet
from the front curb.
(iv)
The side of the carport roof must be a minimum of five (5) feet
from the interior side property line. On a corner lot the street side
of a carport roof must be no closer than ten (10) feet to the side
property line.
(v)
In all cases, the board will also consider the effect of the
proposed carport in relationship to views of the neighborhood, safety
factors, and overall community development.
(e)
Fences.
(1)
Fences may be constructed to enclose privately owned property (electric
fences are prohibited).
(2)
No fence or gate may be constructed upon or across any dedicated
or publicly owned property, right-of-way, alley or roadway.
(3)
Front yard fences on residential property may not exceed a height
of three (3) feet at any point in front of the front yard building
setback line established by the provisions of this article.
(4)
Back yard fences may not exceed eight (8) feet in height.
(f)
Height regulations.
No main building shall exceed two
and one-half (2-1/2) stories or thirty-five (35) feet in height. The
wall height of back yard accessory buildings hereafter constructed
is and shall be restricted to a maximum overall height to the roof
peak of twelve (12) feet.
(Ordinance 1053 adopted 6/11/1984)
(b)
Mobile home.
Unit.
Definitions.
The following definitions shall apply in
the interpretation and enforcement of this article:
Mobile home means any vehicle or similar portable structure,
including expanding and double width units, designed for long-term
occupancy, which arrives at a mobile home site as a complete dwelling.
Such unit shall be eight (8) feet or more in width and more than thirty-one
(31) feet in length and contain one (1) or more water closets, lavatories,
showers or bathtubs.
A "unit" is any house, car, trailer or any unit or vehicle
intended for or capable of being moved from place to place, either
by its own power or by power supplied by some vehicle attached or
to be attached, which is maintained, placed, used, or intended or
designed to be used as living or sleeping quarters for one (1) or
more persons, except with pick-up trucks with campers mounted thereon.
(c)
Location of mobile homes.
(1)
It shall be unlawful for any person to locate and use or occupy a
mobile home within the city limits on any lot or tract (i) where such
use or occupancy is otherwise prohibited by restrictive covenants
or deed restrictions or (ii) within the designated fire zones or (iii)
that has a residence located thereon, except mobile home parks.
(2)
It shall be unlawful to locate and use or occupy a mobile home within
the city limits unless any such mobile home is (i) underpinned and
(ii) anchored by hurricane straps that meet FHA specifications and
(iii) connected to all city utilities according to city specifications
and standards.
(3)
No person shall use or occupy for living or sleeping quarters any
unit (as defined herein), other than a mobile home, on any private
property within the city other than a mobile home park or recreational
vehicle park.
(d)
Parking regulations.
No person shall park, place or
locate any trailer, trailer house, mobile home, vacation travel trailer
or other unit which is designed for or used as living or sleeping
quarters upon any public ROW, street or alley or within any public
park within the city for a longer period than three (3) hours for
a mobile home and seventy-two (72) hours for a recreational vehicle.
(Ordinance 1053 adopted 6/11/1984; Ordinance adopting 2024 Code)
(b)
Area regulations.
(1)
Lot area.
(A)
In the MF districts the minimum area of the lot shall be 4,800 square
feet for a one (1) family dwelling; and for a two (2) family residential
or apartment houses the minimum area shall be 4,800 square feet plus
700 square feet for each family in excess of one (1).
(B)
No lot area shall be so reduced or diminished that the yards or other
open spaces shall be smaller than prescribed by this article, 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 article for
a building shall not be included as a part of the required areas of
any other building.
(C)
There shall be a front yard having a minimum depth of twenty-five
(25) feet.
(D)
There shall be two (2) side yards, and neither shall be less than
five (5) feet. The side yard of a corner lot, adjacent to a street,
shall be a minimum of ten (10) feet.
(E)
There shall be a rear yard of five (5) feet required for the main
use building. Accessory buildings with openings to the alley must
have a five (5) feet rear yard.
(c)
Accessory
buildings, parking, fence and height regulations for the Multi-Family
District shall be the same regulations as apply with the Single-Family-1
Dwelling District.
(Ordinance 1053 adopted 6/11/1984)
(a)
Use regulations.
The land and buildings shall be used
only for the following purposes:
(1)
Any use permitted in the Single-Family-1 District
(2)
Offices of professional or administrative nature which provide services
only, such as doctors, architects, engineers, real estate, bank and
similar offices.
(3)
Studios of artists, photographers, musicians, and radio or television
stations.
(4)
Bakery (retail only).
(5)
Cafeteria or restaurant (no drive-ins).
(6)
Cleaning pick-up station and pressing shop.
(7)
Bowling alley, billiard hall or indoor theater.
(8)
Personal services such as barber or beauty shop, tailor, shoe repair,
travel agent or health studio.
(9)
Drugstore.
(10)
Gasoline service station (not including major automobile repair garage).
(11)
Florist or garden shop (retail sales only).
(12)
Automatic laundry.
(13)
Custom shops for the making and selling of articles on the premises,
such as handicraft or drapery shops.
(14)
Grocery stores.
(15)
Hotels and motels.
(16)
Retail stores offering consumer goods for sale and displaying these
goods within the building itself. Those uses specifically mentioned
in "GC" and "I" shall not be included in the LR Local Retail District.
(17)
Advertising signs for the purpose of advertising goods or services
offered within the building. The sign may be attached to the building,
freestanding, or similar fixed type, but must not have flashing or
intermittent lighting
(18)
Photo developing - see Customary home occupations.
(19)
Licensed day care center.
(20)
Automobile sales and services, not including wrecking and salvage.
(21)
Building material sales.
(22)
Laundry and cleaning plants
(23)
Job printing.
(24)
Newspaper printing.
(25)
Furniture and appliance storage and repair, inside a building only.
(26)
Wholesale office and sample room.
(27)
Small appliance storage and repair shops - see Customary home occupations.
(28)
Contractor's or carpenter's shops and storage areas.
(29)
Liquor stores.
(30)
Establishments selling or dispensing alcoholic beverages for either
on-premise or off-premise consumption.
(b)
Area regulations.
The following minimum lot area, dimensions
and yards, as well as maximum lot coverage, must be observed.
(1)
For residential uses there shall be a minimum lot area of four thousand
eight hundred (4,800) square feet. Local retail uses have no minimum
lot area requirements.
(2)
The minimum average depth of a lot for residential use shall be (100)
feet. There is no minimum depth for local retail uses.
(3)
The minimum average width of a lot for residential use shall be forty
(40) feet. There is no minimum width for local retail uses.
(4)
There shall be a front yard having a minimum depth of twenty-five
(25) feet for residential usage. There shall be no front yard required
for local retail uses.
(5)
For residential uses there shall be two (2) side yards. On a corner
lot, the side yard setback on the street shall be at least ten (10)
feet from the property line. All interior side yard setbacks shall
be at least five (5) feet from the property line. When a local retail
use is adjacent to a residential, the side yard shall be no less than
ten (10) feet. For local retail uses no side yard is required.
(c)
Height regulations.
No building shall exceed two and
one-half (2-1/2) stories or thirty-five (35) feet in height. Signs
may be as tall as fifty (50) feet.
(d)
Parking regulations.
One (1) space for each dwelling
unit for residential uses. Retail and service sales use, one (1) space
per two hundred (200) square feet of floor space. Office, professional
and administrative, one (1) space per four hundred (400) square feet
of floor space. Restaurants, cafeterias and theaters shall have one
(1) space per six (6) seats.
(Ordinance 1053 adopted 6/11/1984)
(a)
Use regulations.
The land and buildings shall be used
only for the following purposes:
(1)
Any use permitted in the Local Retail District.
(2)
Automobile painting, repair and rebuilding.
(3)
Carpet cleaning plant with dust and odor control.
(4)
Commercial amusements such as miniature golf, driving ranges, skating
rinks, dance halls, carnivals and circus.
(5)
Engine and motor repair.
(6)
Machinery sales, service and storage.
(7)
Dairy products, plants and depot.
(8)
Ice manufacturer.
(9)
Transfer and storage warehouse and terminal.
(10)
Seed and feed store.
(11)
Oil well pipe and supply sales and storage.
(12)
Railroad terminal.
(13)
Storage warehouse
(14)
Tire recapping service.
(15)
Veterinarian clinic.
(16)
Welding shop.
(17)
Automobile laundry.
(b)
Area regulations.
The following minimum lot area, dimensions
and yards, as well as maximum lot coverage, must be observed.
(1)
For residential uses there shall be a minimum lot area of four thousand
eight hundred (4,800) square feet. For commercial uses there shall
be no minimum lot area requirements.
(2)
The minimum average depth of a lot shall be one hundred (100) feet
for residential uses. There shall be no minimum depth for commercial
uses.
(3)
The minimum average width of a lot shall be forty (40) feet for residential
uses. There shall be no requirements for commercial uses.
(4)
The front yard shall have a minimum depth of twenty-five (25) feet.
(5)
For residential uses there shall be two (2) side yards. On a corner
lot, the side yard setback on the street side shall be at least ten
(10) feet from the property line. All interior side yard setbacks
shall be at least five (5) feet from the property line. Side yard
setbacks shall not be computed on percent of lot width. There shall
be no side yards required for commercial uses except when such uses
are adjoining a residential use there shall be a side yard of a minimum
of ten (10) feet.
(6)
For residential uses there shall be a rear yard having a minimum
depth of twenty-five (25) feet or twenty (20) percent of the lot depth,
whichever is greater. No rear yard shall be required for commercial
uses unless those uses adjoin a residential area. In such case a ten
(10) foot rear yard is required.
(c)
Height regulations.
No building shall exceed two and
one-half (2-1/2) stories or thirty-five (35) feet in height. Signs
may be as tall as fifty (50) feet.
(d)
Parking regulations.
For commercial uses there shall
be one (1) off-street parking space for each two (2) employees of
the business or for each four hundred (400) square feet of floor space,
whichever is greater. One (1) space for each dwelling unit for residential
uses is required.
(Ordinance 1053 adopted 6/11/1984)
(a)
Use regulations.
The land and buildings shall be used
only for the following purposes:
(1)
Any use permitted in the GC General Commercial District, except residential;
however, dwellings for caretakers or watchmen employed on the premises
may be permitted.
(2)
Light manufacturing processes which do not emit odor, noise, vibration,
dust or gases beyond their lot line and are not offensive for any
similar reason.
(3)
Woodworking and planning mill
(4)
Textile manufacture.
(5)
Ceramic and pottery manufacture.
(6)
Grain processing storage.
(7)
Paint and similar manufacture.
(8)
Plastic products manufacture.
(9)
Any other manufacturing or industrial process that is permitted by
law except for the following uses which must be approved by the city
council.
(A)
Any use which because of gas, odor, dust, fumes, noise, smoke or
vibration could be determined as a hazard or dangerous.
(B)
Acid manufacture.
(C)
Animal slaughter plant.
(D)
Ammonia manufacture.
(E)
Chlorine manufacture.
(F)
Glue and fertilizer manufacture.
(G)
Petroleum refinery.
(H)
Petrochemical plant.
(I)
Lampblack manufacture.
(J)
Rendering plant.
(K)
Tank farm and explosives storage.
(L)
Stock feeding pens.
(M)
Tannery.
(N)
Cotton gin.
(b)
Area regulations.
The following minimum lot area, dimensions
and yards, as well as maximum lot coverage, must be observed.
(1)
There shall be no minimum lot area.
(2)
There shall be no minimum lot depth.
(3)
There shall be no minimum lot width.
(4)
There shall be a front yard having a minimum depth of twenty-five
(25) feet.
(5)
There shall be no side yard requirements except when adjoining a
residential area. In such cases there shall be a minimum side yard
of ten (10) feet.
(6)
No rear yard is required unless the property abuts a residential
district or an alley that separates the industrial use from the residential
district. In such cases there must be a fenced rear yard that has
a minimum depth of twenty (20) feet. The fence must be a solid fence,
six (6) feet tall, and shall be built along the rear property line
and side property lines that are shared with a residential use.
(c)
Height regulations.
No building shall exceed two and
one-half (2-1/2) stories or thirty-five (35) feet in height. Signs
may be as tall as fifty (50) feet.
(d)
Parking regulations.
There shall be one (1) off-street
parking space for each four hundred (400) square feet of floor space,
or for each two (2) employees, whichever is greater.
(Ordinance 1053 adopted 6/11/1984)
(a)
Use regulations.
The land or building will be owned
or operated by the federal, state, county or city government.
(Ordinance 1053 adopted 6/11/1984)
(a)
Front yards.
(1)
Where the frontage on one (1) side of a street between two (2) intersecting
streets is divided by two (2) or more zoning districts, the front
yard shall comply with the requirements of the most restrictive district
for the entire block.
(2)
If thirty (30) percent or more of the frontage on one (1) side of
a street between two (2) intersecting streets is improved with buildings
that have observed an average front yard line with a variation in
depth of not more than six (6) feet, then the average front yard so
established shall be observed, provided, however, that this regulation
shall not be interpreted as requiring a front yard of more than fifty
(50) feet.
(3)
Where a building line has been established by ordinances and such
line required a greater front yard setback than is prescribed by this
article in the district in which the building line is located, the
required front yard shall comply with the building line so established.
(4)
Where a building line is shown on a plat recorded with the proper
authority, and such building line provides a front yard of twenty
(20) feet or more in depth and is part of a plan for the orderly development
of a subdivision with a staggered building line, the building line
so shown shall be interpreted as establishing the front yard requirements
for the lots in the subdivision.
(5)
The front yard shall be measured from the property line to the front
face of the building, covered porch, covered terrace or attached accessory
building. Open terraces, entrance slabs, eaves and roof extensions
may project into the required front yard for a distance not to exceed
four (4) feet.
(6)
Where lots have double frontage, running through from frontage on
more then one (1) street, a required front yard shall be provided
on all streets unless a building has been established on the plat
or by ordinance, in which event only the yard requirements on the
plat must be observed.
(b)
Side and rear yards.
(1)
Every part of a required side or rear yard shall be open and unobstructed
except for accessory buildings permitted herein and the ordinary projections
of window sills, cornices and other architectural features projecting
no more than twenty-four (24) inches into the required side or rear
yard.
(2)
Where a side yard adjoins a side street on corner lot, no garage,
carport or motor vehicle storage structure with access to the side
street may be erected nearer to the side property line than twenty
(20) feet.
(c)
Lot area.
Any lot containing less area than required
by the regulations in the district in which the lot is situated that
was of record prior to the adoption of this article, may be used for
one (1) family purposes.
(d)
Location of dwelling and buildings.
Only one (1) main
building for one (1) family, two (2) family or multiple-family use
with permitted accessory buildings may be located upon a lot or unplatted
tract. Every dwelling shall face or front upon a public street other
than an alley. Where a lot is used for retail, commercial, or industrial
purposes, or a combination of same, or for a combination of retail
and dwelling purposes, more than one (1) main building may be located
upon the lot, but only when such buildings conform to all the open
space, parking and density requirements applicable to the uses and
districts and when all such main buildings face upon a public street
other than an alley. Whenever two (2) or more main buildings, or portions
thereof, are placed upon a single lot or tract and such buildings
will not face upon a street the same may be permitted when the site
plan for such development is approved by the planning and zoning board
so as to comply with the normal requirements for platting. No parking
area, storage area or required open space for one (1) building shall
be computed as being the open space, yard or area requirements for
any other dwelling or use.
(e)
Special development signs.
Special temporary development
and promotion signs not exceeding four hundred (400) square feet in
area may be erected upon approval of the building inspector. The building
inspector shall control the location and duration of such sign use
to assure that the occupancy and use of adjacent lots are not interfered
with, and that no safely hazard is created. Such special development
signs will be removed at the direction of the building inspector after
completion of the development of ninety (90) percent of the project
advertised, or if work on the special development ceases before completion.
(f)
Temporary construction buildings.
Temporary buildings
to be used for construction purposes may be erected. Said building
must be portable in nature. Upon completion or abandonment of construction
work such field offices and buildings shall be removed at the direction
of the building inspector.
(g)
Fences.
(1)
Fences may be constructed to enclose privately owned property. (Electric
fences are prohibited.)
(2)
No fence or gate may be constructed upon or across any dedicated
or publicly owned property, right-of-way, alley or roadway.
(3)
Front yard fences on residential property may not exceed a height
of three (3) feet at any point in front of the front yard building
setback line established by the provisions of this article.
(Ordinance 1053 adopted 6/11/1984; Ordinance adopting 2024 Code)
(a)
Accessory buildings allowed.
(1)
Accessory buildings in residential districts.
(A)
On a lot in any residential district having less than nine thousand
six hundred (9,600) square feet, accessory buildings including a private
garage, wash house, tool house or den, but excluding structures designed
for dwelling purposes, may be permitted.
(B)
On a lot in any residential district having nine thousand six hundred
(9,600) square feet or more, accessory buildings including a private
garage, wash house, den, guest house or servant's quarters may be
permitted. (No rental property is permitted.)
(2)
Accessory buildings in commercial or industrial districts.
On a lot in any commercial or industrial district, accessory
buildings including structures designed or intended as living quarters
may be permitted provided an accessory building designed or intended
as living quarters shall be an integral part of a planned industrial
development and shall meet all the requirements of an SF-2 District,
provided further such accessory building shall be approved by the
city council after having the recommendation of the planning and zoning
board regarding the suitability of the plan for dwelling purposes.
(b)
Location of accessory buildings.
Location of accessory
buildings shall be the same as in the Single-Family-1 District.
(c)
Coverage.
An accessory building shall occupy no more
than thirty-five (35) percent of the minimum required rear yard.
(d)
Double garage.
A double garage with a fire resistant
wall at least six (6) inches thick of masonry construction, along
a common property line, dividing the two (2) stalls may be constructed
provided that the party wall along the common property line extends
above the roof line at least eighteen (18) inches.
(e)
Temporary structures.
Construction of material sheds
shall be located as shown on the copy of plot plans and approved by
the building inspector before any construction is undertaken.
(Ordinance 1053 adopted 6/11/1984)
The following nameplates and signs shall be permitted in any
residential district:
(1)
Nameplates.
One (1) unlighted nameplate or sign for
each dwelling unit, not exceeding one (1) square foot in area, indicating
the name and/or address of the occupant or customary home occupation.
Any sign indicating the customary home occupation must be attached
to the dwelling unit and be parallel with the wall to which it is
attached and no part of it extending out into the required setback
area of the residence.
(2)
Identification signs.
One (1) unlighted identification
sign not exceeding twelve (12) square feet in area for buildings other
than dwellings, provided that a nameplate or identification sign shall
be attached to and parallel with the front wall of the building.
(3)
"For Sale" signs.
Temporary "For Sale" signs may be
placed in the yard.
(Ordinance 1053 adopted 6/11/1984)
(a)
Customary home occupations.
The following uses are permitted
in Single-Family-1 and Single-Family-2 Districts as customary home
occupations (CHO), subject to the limitations of this article:
(1)
Ironing.
(2)
Babysitting (federal and state laws must be met).
(3)
Seamstress (labor only - no sales of materials).
(4)
Garage sales (no more than 3 days per month).
(5)
Small appliance repair shops - saws, mowers, knife sharpening, small
kitchen appliances, TV. (This limited to repairs only. Dealerships
with sales outlets are not allowed as "CHO".)
(6)
Photo developing.
(7)
Facial massage.
(8)
Bookkeeping.
(9)
Income tax preparation.
(10)
Hobby greenhouse with restrictions.
(11)
Tutoring (3 students - 3 days/week).
(Ordinance 1053 adopted 6/11/1984)
(a)
Specific use permits.
(1)
The city council of the City of Stanton, Texas, after public hearing
and proper notice to all parties affected and after recommendation
by the planning and zoning commission, may authorize the issuance
of specific use permits for the following types of uses in the following
districts:
(A)
Airport or landing field in any district.
(B)
Radio and television broadcasting towers and transmitting station
in any district.
(C)
Hospitals, convalescent homes or institutions of a religious, education
or philanthropic nature in any district.
(D)
Homes for insane, alcoholic, feebleminded or narcotic patients in
any district on a site of five (5) acres or more.
(E)
Mobile home parks in any district.
(F)
Rock quarries, sand, gravel and caliche excavations in any district
(G)
Mortuary in the SF-1 or SF-2.
(H)
Such other uses as the city council may deem proper or necessary.
(I)
Drive-in restaurants.
(J)
Day care center - in residential zones.
(K)
Mobile homes.
(2)
In authorizing the location of any of the uses listed as specific
use permits, the city council may impose such development standards
and safeguards as the conditions and location indicate important to
the welfare and protection of the adjacent property from excessive
noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosions,
glare, offensive view or other undesirable or hazardous conditions.
(b)
Nonconforming use permits.
(1)
Any use of property that does not conform to the regulations prescribed
in the preceding sections of this article, and which shall have been
in existence prior to the adoption of this article, shall be called
a nonconforming use. Any use that may have become nonconforming since
that date through amendment to this article or annexation and is not
a violation of this article shall also be considered a nonconforming
use.
(2)
Any nonconforming use of land or structures may be continued for
definite period of time, and subject to such regulations as the board
of adjustment may require for immediate preservation of the adjoining
property and the ultimate removal of the nonconforming use. The board
of adjustment may grant a change of occupancy for one (1) nonconforming
use to another, providing the use is within the same or higher classification
as the original nonconforming use. In the event a nonconforming use
of a building may be changed to another nonconforming use of the same
or more restricted classification, it shall not later be changed to
a less restrictive classification of use, and such prior less restrictive
classification shall be considered to have been abandoned.
(3)
If a structure occupied by a nonconforming use is destroyed by fire,
the elements or other cause, it may not be rebuilt except to conform
to the provisions of this article. In the case of partial destruction
of a nonconforming use not exceeding fifty (50) percent of its reasonable
value, reconstruction will be permitted, but the size or function
of a nonconforming use cannot be expanded. This does not apply for
mobile homes in SF-1 districts.
(4)
A permit to enclose or enlarge any nonconforming structure must be
approved by the planning and zoning commission, after the usual procedure
for public hearings.
(5)
A nonconforming use permit is non-transferable from one person to
another.
(Ordinance 1053 adopted 6/11/1984; Ordinance adopting 2024 Code)
(a)
Appointments, vacancies and meeting times.
(1)
There is hereby created a planning and zoning commission consisting
of five (5) members, each to be appointed by the mayor subject to
approval by a majority of the city council for a term of two (2) years
and removal for cause by the appointing authority upon written charges
and after public hearing.
(2)
Vacancies shall be filled by 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.
(3)
A vacancy shall occur by operation of law and of this article as
to any position on the city planning and zoning commission occupied
by a member thereof if such member is absent from three (3) consecutive
regularly scheduled meetings of the city planning and zoning commission.
Such vacancy shall be filled as herein provided.
(4)
The city administrator-secretary or other authorized representative
shall act as secretary for the commission and shall keep a record
of meeting minutes, mail notices and keep a record thereof when required.
The building inspector shall keep a file of applications, permits
and compliance certifications. The building inspector or other authorized
representative shall make the necessary inspections to determine compliance
with this article.
(5)
The commission may adopt rules to govern its proceedings, provided,
however, that such rules are in compliance with this article. Meetings
of the commission shall be held at the call of the chairman and at
such other times as the commission may determine. The chairman, or
in his absence, the acting chairman, may administer oaths and compel
the attendance of witnesses. All meetings of the commission shall
be open to the public.
(b)
Powers and duties.
(1)
Subdivisions.
To approve subdivision plans of land located
within the city limits or with the extraterritorial jurisdiction of
Stanton in conformance with the provisions of "The City of Stanton
Subdivision Regulations."
(2)
Zoning.
To hear and recommend to the city council for
action amendments, supplements or changes in the boundaries of the
zoning districts or the regulations established by this article pursuant
to the procedures set forth herein.
(Ordinance 1053 adopted 6/11/1984)
(a)
Appointments, vacancies and meeting times.
(1)
There is hereby created a board of adjustment consisting of five
(5) members each to be appointed by the mayor subject to approval
by a majority of the city council for a term of two (2) years and
removal for cause by the appointing authority upon written charges
and after public hearing. Vacancies shall be filled by 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.
(2)
A vacancy shall occur by operation of law and of this article as
to any positions on the board of adjustment occupied by a member thereof
if such member is absent from three (3) consecutive regularly scheduled
meetings of the board of adjustment. Such vacancy shall be filled
as herein provided.
(3)
The city administrator-secretary or other authorized representative
shall act as secretary for the board and shall keep a record of meeting
minutes, mail notices and keep a record thereof when required.
(4)
The board may adopt rules to govern its proceedings, provided, however,
that such rules are in compliance with this article. 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 oaths and compel the attendance
of witnesses. All meetings of the board shall be open to the public.
(b)
Powers and duties.
(1)
Administrative review.
To hear and decide appeals where
it is alleged there is error in any order, requirement, decision or
determination made by the building inspector in the enforcement of
this article.
(A)
Any person aggrieved, or any official or department of the governing
body of the city affected by any decision or judgement of the building
inspector concerning interpretation or administration of this article,
may appeal such decision or judgement to the board of adjustment.
Such appeals shall be taken within a reasonable time, not to exceed
ten (10) days or such other period as may be provided by the rules
of the board, by filing with the building inspector and with the board
of adjustment a notice of appeal accompanied by a fee as established
by the city council specifying the grounds thereof. The building inspector
shall forthwith transmit to the board all papers constituting the
record upon which the action appealed from was taken.
(B)
The board of adjustment shall fix a reasonable time for the hearing
of appeal, give public notice thereof as well as due notice to the
parties in interest, and decide the same within a reasonable time.
At the hearing any party may appear in person or by agent or attorney.
(C)
An appeal stays all proceedings in furtherance of the action appealed
from, unless the building inspector from whom the appeal is taken
certifies to the board of adjustment after the notice of appeal is
filed with him, that by reason of facts stated in the certificate,
a stay would, in his opinion, cause imminent peril to life and property.
In such case, proceedings shall not be stayed other 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 building inspector from
whom the appeal is taken and on due cause shown.
(2)
Exceptions.
(A)
Conditions governing application and procedures.
To
hear such exceptions or temporary use permits as the board of adjustment
is specifically authorized to pass on by the terms of this article;
to decide such questions as are involved in determining whether exceptions
should be granted; and to grant exceptions with such conditions and
safeguards as are appropriate under this article, or to deny exceptions
when not in harmony with the purpose and intent of this article. An
exception or temporary use permit shall not be granted by the board
of adjustment unless and until:
(i)
A written application for an exception together with fee is
submitted, accompanied by an accurate legal description, maps, site
plans, drawings and any necessary data, indicating the section of
this article under which the exception is sought and stating the grounds
on which it is requested.
(ii)
Notice shall be given of such public hearing to the owner of
the property for which the exception is sought or his agent and to
all owners of real property lying within two hundred (200) feet of
the subject property, such notice to be given not less than ten (10)
days before the date set for hearing, to all such owners who have
rendered their said property for city taxes as the ownership appears
on the last approved city tax roll. Such notice may be served by depositing
same properly addressed and postage paid, via regular United States
mail. Notice of the time and place of such hearing shall also be given
by one (1) publication in the official newspaper at least ten (10)
days prior to such hearing. Failure of owners to receive notice of
hearing shall in no way affect the validity of action taken (the notice
by publication in a newspaper with respect to temporary use permits
on mobile homes shall not be required).
(iii)
The public hearing shall be held. Any party may appear in person,
or by agent or attorney.
(iv)
The board of adjustment shall make a finding that it is empowered
under the section of this article described in the application to
grant the exception, and that the granting of the exception will not
adversely affect the public interest.
(B)
In granting any exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this article. Violation of such conditions and safeguards, when made a part of the terms under which the exception is granted, shall be deemed a violation of this article and punishable under section 9.04.024 of this article. The board of adjustment shall prescribe a time limit within which the action for which the exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the exception.
(3)
Jurisdiction for exceptions.
When, in its judgement,
the public convenience and welfare will be substantially served and
the appropriate use of the neighboring property will not be substantially
or permanently injured, the board of adjustment may, in specific cases,
after public notice and public hearing, and subject to appropriate
conditions and safeguards, authorize the following special exceptions
to the regulations herein established.
(A)
Permit the reconstruction, extension or enlargement of a building
occupied by a nonconforming use on the lot occupied by such building
provided such reconstruction does not prevent the return of such property
to a conforming use.
(B)
Permit such modifications of the height, yard area and parking regulations
as may be necessary to secure appropriate development of a parcel
of land of such restricted area and shape that it cannot be appropriately
developed without such modification.
(C)
Require the discontinuance of nonconforming uses under any plan whereby
the full value of the structure can be amortized within a definite
period of time, taking into consideration the general character of
the neighborhood and the necessity for all property to conform to
the regulations of this article. It is the declared purpose of this
article that nonconforming uses be eliminated and be required to conform
to the regulations prescribed in the preceding sections of this article,
having due regard for the property rights of the person affected when
considered in the light of the designated nonconforming use and the
conservation and preservation of property. The board shall from time
to time on its own motion or upon cause presented by the interested
property owners inquire into the existence, continuation or maintenance
of any nonconforming use within the city.
(D)
After the public hearing the board of adjustment may issue a temporary
permit to park and occupy a mobile home in a district other than the
Single-Family-2. Any such temporary permit shall be subject to:
(i)
A maximum of one (1) mobile home may be permitted on any single
lot.
(ii)
The permit shall be valid for a maximum of one (1) year. At
the expiration date the mobile home must be removed from the lot or
application must be made for another permit.
(iii)
The permit shall be valid only for the applicant and shall not
be transferable.
(iv)
The board of adjustment may specify any other conditions deemed
necessary to protect the welfare of the adjacent property.
(4)
Variances.
Conditions governing applications and procedures:
To authorize upon appeal in specific cases such variance from the
terms of this article as will not be contrary to the public interest
where, owing to special conditions, a literal enforcement of the provisions
of this article will result in unnecessary hardship, so that the spirit
of this article shall be observed and substantial justice done. Such
variances shall not be granted by the board of adjustment unless and
until:
(A)
A written application for variance together with fees submitted,
accompanied by an accurate legal description, maps, site plans, drawings
and any necessary data, demonstrating:
(i)
That special conditions and circumstances exist which are peculiar
to the land, structure or building involved and which are not applicable
to other lands, structures, or buildings in the same district.
(ii)
That literal interpretation of the provisions of this article
would deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this article.
(iii)
That the special conditions and circumstances do not result
from the actions of the applicant.
(iv)
That granting the variance requested will not confer on the
applicant any special privilege that is denied by this article to
other lands, structures or buildings in the same district.
(v)
No nonconforming use of neighboring lands, structures or buildings
in the same district and no permitted use of lands, structures or
buildings in other districts shall be considered grounds for the issuance
of a variance.
(B)
Notice of public hearing shall be given.
(C)
The public hearing shall be held. Any party may appear in person
or by agent or by attorney.
(D)
The board of adjustment shall make findings that the requirements of subsections (A)(i), (ii) and (iii) above are met.
(E)
The board of adjustment shall further make a finding that the reasons
set forth in the application justify the granting of the variance,
and that the variance is the minimum variance that will make possible
the reasonable use of the land, building or structure.
(F)
The board of adjustment shall further make a finding that the granting
of the variance will be in harmony with the general purpose and intent
of this article, and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare.
(i)
In granting any variance, the board of adjustment may prescribe
appropriate conditions and safeguards in conformity with this article.
Violations of such conditions and safeguards, when made apart of the
terms under which the variance is granted, shall be deemed a violation
of this article and punishable under this article.
(ii)
Under no circumstances shall the board of adjustment grant a
variance to allow a use not permissible under the terms of this article
in the district involved, or any use expressly or by implication prohibited
by the terms of this article is said district.
(5)
Decisions of the board of adjustment.
(A)
In exercising the above-mentioned powers, the board of adjustment
may, so long as such action is in conformity with the terms of this
article, reverse or affirm, wholly or partly, or may modify the order,
requirements, decision or determination appealed from and may make
such order, requirements, decision or determination as ought to be
made, and to that end shall have powers of the administrative official
from whom the appeal is taken.
(B)
The concurring vote of seventy-five (75) percent of the members of
the board attending shall be necessary to reverse any order, requirement,
decision or determination of the building inspector, or to decide
in favor of the applicant on any matter upon which it is required
to pass under this article, or to effect any variation in the application
of this article.
(6)
In addition to the above and foregoing powers, duties and responsibilities
of the board of adjustment, and notwithstanding any of the provisions
in regard thereto as herein provided, it shall have the powers as
provided by the Acts of 1959, 56th Legislature, page 545, chapter
244, section 1, as 1,[1] the
same being article 1011g, Vernon's Annotated Civil Code of the State
of Texas, and such other powers and duties as may be prescribed by
the legislature from time to time.
[1]
Editor's note–So in original.
(7)
Should any provision of this article pertaining to the powers, duties
and responsibilities of the board of adjustment be held to be in conflict
with the powers, duties and responsibilities of the board of adjustment
as provided by the laws of the State of Texas, then notwithstanding
the provisions of this article, the laws of the State of Texas pertaining
to such powers, duties and responsibilities of the board of adjustment
as duly enacted by the legislature of the State of Texas shall control.
(c)
Appeals from the board of adjustment.
Any person or
persons, jointly or severally, aggrieved by any decision of the board
of adjustment or any taxpayer or any officer, department or board
of the municipality shall first present such matters to the city council
and if the relief sought is not granted the person or persons so aggrieved
may then present to a court of record a petition, duly verified, setting
forth that such a 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.
(Ordinance 1053 adopted 6/11/1984; Ordinance adopting 2024 Code)
(a)
No
building hereafter erected, converted or structurally altered shall
be used, occupied or changed in use and no land may be used until
a certificate of occupancy and compliance shall have been issued by
the building inspector of the City of Stanton stating that the building
or proposed use of land or building complies with the provisions of
this article and other building laws of the city.
(b)
A
certificate of occupancy and compliance shall be applied for coincident
with the application for a building permit and will be issued within
ten (10) days after the completion of the erection, alteration or
conversion of such building or land provided such construction or
change has been made in complete conformity to the provisions of this
article.
(c)
A
record of all certificates of occupancy shall be maintained on file
in the office of the building inspector of the City of Stanton and
copies shall be furnished on request to any person having a property
or tenancy interest in the building or land affected.
(Ordinance 1053 adopted 6/11/1984)
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 article and which entire building
shall be completed within one (1) year from the date of the passage
of this article. Nothing herein contained shall require any change
in the plans, construction or designated use of a building for which
a building permit has been heretofore issued and which entire building
shall be completed within six (6) months from the date of the passage
of this article. If any amendment to this article is hereafter adopted
changing the boundaries of districts, the provisions of this article
with regard to buildings, or premises existing or buildings under
construction or building permits issued at the time of the passage
or this article, shall apply to buildings 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.
(Ordinance 1053 adopted 6/11/1984)
The city council may from time to time amend, supplement or
change by ordinance the boundaries of the districts or the regulations
herein established.
(1)
Application.
(A)
Who may initiate action.
An amendment may be initiated
by the city council or the planning and zoning commission or by an
application of one or more owners of property affected by this proposed
amendment.
(B)
Application fee.
Each application by a property owner
shall be accompanied by a fee as established by the city council,
to cover administrative and processing cost. If the application receives
an unfavorable recommendation from the planning and zoning commission
after public hearing and is not appealed to the city council within
ten (10) days of such recommendations, or if the applicant withdraws
his application prior to publication of public hearing by the city
council, half of the fee will be refunded.
(C)
Accompanying data.
An application for an amendment shall
be accompanied by an accurate legal description, maps, site plans,
drawings and any data necessary to illustrate the proposed amendment.
(D)
Applicant's appearance at meeting.
An applicant must
be present at the hearing in person, or by a representative. If the
applicant is not represented, his case will be tabled. The staff is
instructed to notify each applicant by letter when the hearing is
to be held and the policy of this board.
(2)
Public hearing before planning and zoning commission.
Upon filing of the application, the planning and zoning commission
shall call a public hearing on said application as provided herein.
(A)
Notice of public hearing when amendment is requested by city council
or by planning and zoning commission.
Notice of such
hearing shall be given by publication three (3) times in the official
publication of the City of Stanton, stating the time and place, which
time shall not be earlier than fifteen (15) days from the first date
of publication.
(B)
Action by planning and zoning commission at conclusion of hearing.
If, at the conclusion of the hearing, the planning and zoning
commission decides to recommend amendment of this article to the city
council, said recommendation shall be by resolution of the planning
and zoning commission carried by the affirmative votes of not less
than a majority of its total membership. A copy of any recommended
amendment shall be submitted to the city council and shall be accompanied
by a report of findings, summary of hearing and any other pertinent
data.
(3)
Action by city council.
(A)
If the planning and zoning commission has recommended approval of
an application or if the planning and zoning commission has recommended
denial of an application and a notice of appeal has been filed,the
city council shall set said application for public hearing and if
the application was made by a property owner, shall give notice of
the time and place of the hearing by one publication in the official
newspaper at least fifteen (15) days prior to such hearing, and in
addition shall send written notices to the owner of the property or
his agent and to all property owners of real property lying within
two hundred (200) feet of the subject property. If the amendment was
initiated by either the city council or by the planning and zoning
commission, notice of the public hearing before the city council shall
be made pursuant to subsection (2)(A) above.
(B)
When the city planning and zoning commission has recommended to the
city council that a proposed amendment be disapproved, the city council
may refuse to adopt the amendment by a simple majority vote. However,
in order to adopt the amendment which has been recommended for disapproval
by the city planning and zoning commission, the city council may do
so by a vote of three-fourths (3/4) of the councilmen.
(C)
In case of a protest against an amendment to this article signed
by the owners of twenty (20) percent or more either of the area of
the lots included in such proposed change, or of those immediately
adjacent in the rear thereof extending two hundred (200) feet therefrom,
or of those directly opposite thereto extending two hundred (200)
feet from the street frontage opposite lots, such amendment shall
not become effective except by the favorable vote of three-fourths
(3/4) of all the members of the city council.
(D)
Effect of denial of application.
In case an application
for an amendment to this article is denied by the city council, said
application shall not be eligible for reconsideration for one (1)
year subsequent to such denial. A new application affecting or including
all or part of the same property must be substantially different from
the application denied, in the opinion of the planning and zoning
commission, to be eligible for consideration within one (1) year of
the denial of the original application.
(Ordinance 1053 adopted 6/11/1984; Ordinance adopting 2024 Code)
Any person violating any of the provisions of this article shall,
upon his conviction, be fined any sum up to but not exceeding two
hundred dollars ($200.00), and each and every day of violation shall
constitute a separate and distinct offense. In addition any property
owner having property that is adversely affected or invaded by said
violation shall have the right to bring suit against the violator
in the proper court and obtain such remedies as may be available at
law and equity in the protection of the rights of such property owners.
(Ordinance 1053 adopted 6/11/1984)
If any section, paragraph, subdivision, clause, phrase or provision
of this article shall be judged invalid or held unconstitutional it
shall not in any way affect the validity of the remainder of this
article.
(Ordinance 1053 adopted 6/11/1984)
