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Editor's note–This chapter consists of the zoning ordinance published as chapter 9 in the 1995 Code of Ordinances, as subsequently amended. Section 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. Changes in the names of state agencies have been incorporated without notation. Obviously misspelled words have been corrected without notation. Except for these changes, such ordinance is printed herein as enacted and amended. Any other material added for purposes of clarification is enclosed in brackets.
These regulations shall be known as, and may be cited as, "The
City of Lucas, Texas, Zoning Ordinance" and shall apply to the land
within the corporate limits of the city.
(1995 Code, sec. 9-1; Ordinance 2024-03-00998 adopted 3/21/2024)
In their interpretation and application, the provisions of these
regulations shall be held to be the minimum requirements adopted for
promotion of the public health, safety, and welfare. The zoning regulations
and districts as herein established have been made for the purpose
of promoting health, safety, moral responsibility, and the general
welfare of the city, and have been designed, among other things:
(1)
To lessen congestion on streets;
(2)
To secure safety from fire, panic, and other dangers;
(3)
To promote health and the general welfare;
(4)
To provide adequate light and air;
(5)
To prevent the overcrowding of land;
(6)
To avoid undue concentration of population;
(7)
To facilitate the adequate provision of transportation, water,
sewers, schools, parks, and other public requirements;
(8)
To conserve the value of the property and encourage the most
appropriate use of land throughout the community;
(9)
To minimize the threat of release, spillage or seepage of trash,
garbage, debris, sewage, wastewater, noxious fumes or odors, or toxic
materials; and
(10)
To lessen the potential pollution of the environment in the
city or its environs.
(1995 Code, sec. 9-2; Ordinance 2024-03-00998 adopted 3/21/2024)
It is not intended by these regulations to repeal, abrogate,
annul, or in any way impair or interfere with existing provisions
of other laws or ordinances, or with private restrictions placed upon
property by covenant, deed, easement, or other private agreement.
Where this chapter imposes a greater restriction upon land, buildings,
or structures than is imposed or required by other ordinances, covenants,
or agreements, the provisions of these regulations shall govern. Where
other ordinances impose a greater restriction than is imposed herein,
the provisions of such other ordinances shall govern.
(1995 Code, sec. 9-3; Ordinance 2024-03-00998 adopted 3/21/2024)
Buildings or structures located on the same lot as a dwelling
or other principal building, the use of which is subordinate in area,
volume, and extent as well as incidental in use to the use of the
dwelling or other principal building. An accessory building or use
is:
Subordinate to and serves a principal building or principal
use;
Subordinate in area, extent, or purpose to the principal building
or principal use served;
Contributes to the comfort, convenience, and necessity of occupants
of the principal building or principal use served; and
Located on the same building lot as the principal use served.
"Accessory" when used in the text shall have the same meaning
as accessory use.
Building area that does not have a permanent interconnection
with the principal dwelling, is located on the same lot as the principal
dwelling, and that is used, designed or intended to be used for human
habitation as an additional abode that contains space for living,
sleeping, sanitation, cooking and/or eating.
Use of land, buildings, or structures that are subordinate
and incidental to the principal use and contributes to the comfort,
convenience, and necessity of occupants of the principal building
or principal use of the land.
A public space or thoroughfare which may afford secondary
means of access to property abutting thereon.
Shall be the net area of the lot and shall not include portions
of public streets or alleys.
A facility designed and used primarily for commercial training
facilities including team sports, athletic performance programs, consisting
of outdoor and/or indoor athletic fields and related facilities, including
but not limited to gymnasiums, equipment, training rooms, offices,
locker space, and the use of personal trainers.
Collision services. Body,
frame, and fender straightening or repair; customizing; painting.
Major.. Major repair,
rebuilding or reconditioning of engines, radiators, or transmissions;
undercoating and rustproofing; any operation requiring dismantling
or removal of head, crankcases, engines or other major parts; and
recapping or re-grooving of tires; any use of a welder or cutting
torch; any repair of heavy load vehicles; and other operations not
listed as minor repair, but not collision services.
Minor. Minor repair
or replacement of parts, tires, batteries, and accessories; diagnostic
services; minor motor services such as grease, oil, spark plug and
filter changes; tune-ups; replacement of starters, alternators, hoses,
brake parts, mufflers, water or fuel pumps; state inspections; steam
cleaning and detailing; servicing of air-conditioning systems; for
vehicles, but not heavy load vehicles and not including any operation
listed as major repair or collision service.
An area enclosed by streets and occupied by or intended for
buildings; or, if said word is used as a term of measurement, it shall
mean the distance along a side of a street between the nearest two
streets which intersect said street on the said side.
Any structure built for the support, shelter, and enclosure
of persons, animals, chattels, or movable property of any kind. When
subdivided in a manner sufficient to prevent the spread of fire, each
portion so subdivided may be deemed a separate building.
The number of stories contained in a building and/or the
number of feet above the average level of the adjoining ground.
A line parallel or approximately parallel to the centerline
of a street or to a property line when not adjacent to a street and
having a specific minimum distance as established by this code based
on the zoning district in which the property is located delineating
where a building may be erected.
A single tract of land located within a single block which
(at the time of filing for a building permit) is designed by its owner
or developer as a tract to be used, developed, or built upon as a
unit, under single ownership or control. It shall front upon a street
or approved place. Therefore, a "building lot" may be subsequently
subdivided into two or more "building lots" or a number of "building
lots," subject to the provisions of this chapter and the subdivision
ordinance.
The building inspector or administrative official charged
with the responsibility for issuing permits and enforcing the zoning
ordinance, subdivision ordinance, and building code.
An official certificate issued by the city through the building
official which indicates conformance with or approval of a conditional
waiver from the zoning regulations and authorizes legal use of the
premises for which it was issued.
A facility licensed, certified or registered by the Texas
Department of Family and Protective Services ("TDFPS") to provide
assessment, care, training, education, custody, treatment, or supervision
for a child who is not related by blood, marriage, or adoption to
the owner or operator of the facility, for all or part of the 24-hour
day, whether or not the facility is operated for profit or charges
for the services it offers.
A place of assembly and worship by a recognized religion
including synagogues, temples, churches, instruction rooms, and the
place of residence for the ministers, priests, rabbis, teachers, and
directors of the premises.
The word "city" shall mean the City of Lucas.
A group of offices for one or more physicians, surgeons,
dentists or similar members of the medical profession to treat sick
or injured outpatients or animals.
An institution established for educational purposes and offering
a curriculum similar to the public schools or an accredited college
or university, but excluding trade and commercial schools.
The planning and zoning commission of the city.
A place meeting the requirements established under section
123.004 of the Texas Human Resources Code and where no more than six
(6) persons with disabilities and up to two (2) supervisors reside
at the same time to provide services to persons with disabilities
including food, shelter, personal guidance, care, habilitation and
supervision.
A use which shall be permitted in a particular district only
upon fulfillment of the conditions as set forth for that use in the
use regulations for the appropriate district.
The word "council" shall mean the city council.
An open, occupied space bounded on more than two (2) sides
by the walls of a building. An inner courtyard is entirely surrounded
by the exterior walls of a building. An outer courtyard is a court
having one side open to a street, alley, yard, or other permanent
open space.
The mean horizontal distance between the front and rear lot
lines.
The DRC is comprised of staff members representing the various
departments and divisions involved in the review and approval process
(administration, planning, engineering, building inspection, public
works, fire, parks and health). DRC is responsible for review of development
and building plans, subdivision plats and zoning applications. It
offers reports and recommendations to both P&Z and city council
pertaining to applications and proposals requiring actions by these
bodies. DRC has final approval authority for certain plats such as
amending plats, replats and minor plats in compliance with Texas Local
Government Code, section 212.0065 and section 212.016.
A "development" includes the construction of new buildings
or structures on a building lot, the relocation of an existing building
on another building lot, or the use of open land for a new use. To
"develop" is to create a development.
A section of the city for which the regulations of this chapter,
such as the area, height, use, etc., of the land and buildings, are
uniform.
A product or service provided by a business that allows customers
to purchase a product or service without leaving their cars. For the
purposes of this definition, any product or service that is provided
to a customer without the need for the customer to leave their vehicle
is a drive-through, drive-thru, drive-in or drive-up.
A building or portion of a building which is arranged, occupied,
or intended to be occupied as living quarters of a family and including
facilities for food preparation and sleeping.
Any building or portion thereof which is designed, rented,
leased, or let to be occupied as two or more dwelling units or apartments
of which is occupied as a home or residence of two or more families.
A detached building, but not a mobile home, manufactured
housing or RV, having accommodations for and occupied by not more
than one family, located on a lot or separate building tract, and
having no physical connection to a building located on any other separate
lot or tract.
A business consisting of a minimum of two (2) acres and up
to five (5) acres for the boarding of a maximum of two (2) horses
per acre regardless of ownership, that receives compensation through
the boarding of horses. On lots greater than five (5) acres no such
limit shall be imposed.
A facility or place used for horse boarding, including equestrian
pasture boarding, horse training, riding lessons, horse breeding,
horse rescue or horse shows. The facility may contain a riding arena
provided the arena does not exceed ten percent (10%) of the total
lot size or a maximum of twenty thousand square feet (20,000 sq. ft.)
regardless of the size of the lot.
One or more persons related by blood, marriage, or adoption;
or a group not to exceed four (4) persons not all related by blood
or marriage, adoption or guardianship, occupying a dwelling unit.
An area which is used for growing of usual farm products,
vegetables, fruits, trees, and grain and for the raising thereon of
the usual farm poultry and farm animals such as horses, cattle, and
sheep and including the necessary accessory uses for raising, treating,
and storing products raised on said premises, but not including the
commercial feeding or the feeding of garbage to swine or other animals
and not including any type of agricultural or husbandry specifically
prohibited by ordinance or law.
The retail sale of farm produce by individual vendors for
the primary purpose of selling fruits, vegetables, herbs, spices,
edible seeds, nuts, live plants, flowers and honey, where such produce,
or its portion, is not grown on the premises.
The total square feet of floor space within the outside dimensions
of a building including each floor level, but excluding porches, carports,
garages or unfinished cellars.
A building or portion thereof whose principal use is for
the repair, servicing, equipping, or maintenance of motor vehicles
or motor vehicle components, including engines, radiators, starters,
transmissions, brakes, tires and wheels, seats, and similar components.
A residence for former mental patients, convicts, or recovering
drug users or alcoholics that serves as a transitional environment
between confinement and the return to society.
A business, occupation, or profession conducted wholly within
an allowable residential building and dwelling unit by only the residents
thereof, and which shall have the following characteristics:
The activity shall employ only members of the immediate family
of the resident of the dwelling unit.
There shall be no external evidence of the occupation detectable
at any lot line, said evidence to include, advertising signs, or displays,
smoke, dust, noise, fumes, glare, vibration, electrical disturbance,
storage of materials or equipment, or traffic or parking of vehicles
in a manner evidencing the conduct of a business or that creates a
nuisance to persons of ordinary sensibilities that occupy surrounding
properties.
A legally authorized institution in which there are complete
facilities for diagnosis, treatment, surgery, laboratory, X-ray, and
the prolonged care of bed patients. Clinics may have some but not
all of these facilities.
A structure, constructed on or after June 15, 1976, according
to the rules of the United States Department of Housing and Urban
Development (HUD), transportable in one or more sections, which, in
the traveling mode, is eight (8) body feet or more in width or forty
(40) body feet or more in length, or, when erected on site, is three
hundred twenty (320) or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without
a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air-conditioning, and electrical systems.
The term does not include a recreational vehicle as that term is defined
by 24 CFR section 3282.8(g).
Any business or establishment other than a veterinary hospital,
whether operated separately or in connection with another business
or establishment, that keeps, breeds and/or boards and/or trains dogs
and/or cats for profit. Veterinary hospitals shall not be considered
a kennel, unless such hospitals contain pens or facilities for housing,
boarding, breeding, training, harboring, or keeping dogs, cats or
other domesticated animals, swine, equine, or other livestock or animals
other than, or in addition to, short-term care incidental to the hospital
use. Kennels must be established, maintained and operated in compliance
with all applicable zoning and land use regulations of the city.
Any horses, mules, donkeys, ponies, cattle, sheep, goats,
hogs, pigs, of any and all kinds regardless of sex.
Climate controlled areas within a principal building or accessory
building used for living, sleeping, sanitation, cooking, exercise/recreation,
and/or office.
Land occupied or to be occupied by a building(s) and its
accessory building including such open spaces as are required under
this chapter and having its principal frontage upon a public street
or officially approved place.
The distance, measured in a straight line, between the front
lot line and the rear lot line measured at the respective midpoints
of the front lot line and the rear lot line.
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Lot Depth Illustration
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A lot of irregular shape with reduced frontage along a public
or private street with dimensions that are otherwise adequate at the
building lines.
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The lines bounding a lot as defined herein.
Lot line, front. A "front
lot line" is that boundary of a building lot which is the line of
an existing or dedicated street. Upon corner lots, either street line
may be selected as the front lot line providing that a front and rear
yard are provided adjacent and opposite, respectively, to the front
lot line.
Lot line, rear. The
"rear lot line" is that boundary of a building lot which is the most
distant from and is, or is most nearly, parallel to the front lot
line.
Lot line, side. A "side
lot line" is that boundary of a building lot which is not a front
lot line or a rear lot line.
A lot which is part of a subdivision, the plat of which has
been filed by the city and recorded in the office of the county clerk
prior to May 1, 1995
The width of a lot, measured in a line generally parallel
to the front property line at the front building line setback line.
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Lot Width Illustration
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A singular retail establishment or shopping center that involves
any one, or a combination of the following and as defined herein:
New construction of a singular retail sales establishment that
is greater than twenty thousand gross square feet (20,000 GSF) in
size;
New construction of a shopping center on a parcel or combination
of parcels comprising ten acres or larger; or
Expansion to a singular retail sales establishment or shopping
center existing as of the effective date of May 1, 1995 and which
said expansion will increase the square footage of a singular retail
sales establishment to become more than twenty thousand gross square
feet (20,000 GSF) in area or increase the size of a shopping center
to more than ten acres.
An exterior building material which includes: Brick of a
minimum three and one-half inch (3-1/2") nominal thickness, stone
with a minimum average thickness of two inches (2") or stucco.
A structure that was constructed before June 15, 1976, transportable
in one or more sections, which, in the traveling mode, is eight (8)
body feet or more in width or forty (40) body feet or more in length,
or, when erected on site, is three hundred twenty (320) or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air-conditioning,
and electrical systems.
Any premises on which one or more mobile homes are parked
or situated and used for living or sleeping purposes, or any premises
used or held out for the purpose of supplying to the public a parking
space for one or more mobile homes whether such vehicles stand on
wheels or on rigid supports. A trailer park is a mobile home park.
An institution for the collection, display and distribution
of books and objects of art, or science and sponsored by a public
or quasi public agency and open to the general public.
A building, structure, or use of land lawfully occupied in
accordance with the zoning regulations by which it was established
or amendments thereto, and which does not conform to the use for the
regulations of the district in which it is situated.
A material which is capable of causing injury to living organisms
by chemical reaction or is capable of causing detrimental effects
upon the physical or economic well-being or comfort of humans.
A facility providing primarily inpatient health care, personal
care or rehabilitative services over a long period of time to persons
chronically ill, aged, or disabled who need ongoing health supervision
and such facilities comply with the required state licensing, if any.
The use or intended use of the land or building by proprietors
or tenants.
An establishment providing administrative, business, executive,
management or professional services, but not involving medical or
dental services or the sale of merchandise, except as incidental to
a permitted use.
An office or group of offices for one or more physicians,
surgeons, dentists or other health-care professionals to treat sick
or injured patients who do not remain overnight.
Area included in any side, rear, or front yard or any unoccupied
space on the lot that is open and unobstructed to the sky except for
the ordinary projections of cornices, eaves, or porches.
The storage of any equipment, machinery, commodities, raw
or semi-finished materials, and building materials, not accessory
to a residential use, which is visible from any point on the building
lot line when viewed from ground level to six feet above ground level.
A surface area, enclosed or unenclosed, sufficient in size
to store one automobile together with a surface driveway connecting
the parking space with the street or alley and permitting ingress
or egress of an automobile.
A domesticated animal kept for companionship or pleasure
that includes any dogs, cats, birds, rodents, of any and all kinds
regardless of sex, and those similar in nature and function.
Commercial establishment which provides accommodations, feeding
and general care for pets.
A plan of a subdivision of land creating building lots or
tracts and showing all essential dimensions and other information
essential to comply with the subdivision standards of the city and
subject to approval by the planning and zoning commission. Reference
to a plat in this chapter means an official plat of record which has
been approved by the planning and zoning commission and filed in the
plat records of the county.
Land together with any buildings or structures occupying
it.
Primary building, dwelling, or use of property on a single
lot on which the building or dwelling unit is located, occupied or
maintained under this chapter.
Any publicly owned park, playground, facility, parkway, greenbelt,
or roadway within the jurisdiction and control of the city.
A privately owned park, playground, or open space maintained
by a community club, property owners' association, or similar
organization.
Any building or premises used for the dispensing, sale, or
offering for sale at retail any automobile fuels, oils, propane, natural
gas, or electrical recharging. If the dispensing, sale, or offering
for sale is incidental to a public garage, the premises shall be classified
as a public garage.
A home that is registered with the Texas Department of Family
Protective Services ("TDFPS") and that provides regular care in the
caretaker's own residence for not more than six (6) children
under fourteen (14) years of age, excluding children who are related
to the caretaker, and that provides care after school hours for not
more than six (6) additional elementary school children, but the total
number of children, including children who are related to the caretaker,
does not exceed twelve (12) at any given time.
The term does not include a home that provides care exclusively
for any number of children who are related to the caretaker. For purposes
of this definition regular care means care that is provided at least:
Same as a dwelling; also, when used with "district," an area
of residential regulations.
An eating establishment where service is provided to customers
at tables and not involving service of food to customers in automobiles.
An establishment or place of business primarily engaged in
selling goods directly to the consumer, where such goods are generally
available for immediate purchase and removal from the premises by
the purchaser.
A multifamily dwelling complex or similar living arrangements
that is age restricted for senior citizens but which is not an assisted-living
center or long-term care facility.
A school under the sponsorship of a private agency or corporation
other than a public agency.
A school under the sponsorship of a public or religious agency
having a curriculum generally equivalent to public elementary or secondary
schools, but not including private, trade, or commercial schools.
Establishments, other than public or parochial schools, private
primary or secondary schools, or colleges, offering training or instruction
in a trade, art, or occupation.
A barrier of stone, brick, pierced brick or block, uniformly
colored wood, or other permanent material of equal character, density,
and acceptable design at least four (4) feet in height, where the
solid area equals at least sixty-five percent (65%) of the wall surface,
including an entrance gate or gates; or foliage of an acceptable type
with a density that will not permit through passage; or an acceptable
combination of these materials. Such screening device shall be continuously
maintained.
A grouping of two (2) or more commercial units built primarily
for retailing purposes on common property planned, developed, owned
or managed as a unit with common off-street parking provided on the
same site. For purposes of this chapter, a neighborhood shopping center
shall be considered to be a shopping center primarily serving adjacent
residential area.
A means for developing certain designated uses in a manner
in which the specific use will be compatible with the adjacent property
and consistent with the character of the neighborhood.
An athletic field or stadium owned and operated by a public
agency for the general public including a baseball field, football
field or stadium.
An area for vehicular traffic whether designated as a street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
lane, place or otherwise designated.
A dividing line between a lot, tract, or parcel of land and
contiguous street.
Any change in the supporting member of a building, such as
a bearing wall, column, beams, or girders.
Those materials which are capable of causing injury to living
organisms by chemical means when present in relatively small amounts.
The purpose or activity for which the land, or building thereon,
is designed, arranged, or intended, or for which it is occupied and
maintained, and shall include any manner of such activity with respect
to the standards of this chapter.
The main use of land or buildings as distinguished from a
subordinate or accessory use.
A nonpublic utility requiring specific facilities in residential
areas or on public property such as heating, cooling, or communications
not customarily provided by the municipality or the normal franchised
utilities.
An open space other than a courtyard, on the lot on which
a building is situated and which is open and unobstructed from a point
forty (40) inches above the general ground level of the graded lot
to the sky, except as provided for roof overhang, similar special
building features and other accessory structures as provided for in
this code.
An open, unoccupied space on a lot facing a street extending
across the lot between the side lot lines and from the front building
line to the street.
An open, unoccupied space from the rear building line extending
across the rear of a lot from one side lot line to the other side
lot line to the rear property line.
An open, unoccupied space or spaces between the property
line and the side building line that would not be consider front yard
or rear yard that extends between the front building line and the
rear building line.
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Yard and Building, Line Illustrations
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The official certified map upon which the boundaries of the
various districts are drawn and which is an integral part of the zoning
ordinance.
(Ordinance 2012-05-00715, sec. 2,
adopted 5/17/12; Ordinance
2012-06-00718, sec. 1, adopted 6/21/12; Ordinance 2012-10-00737 adopted 10/4/12; Ordinance 2013-07-00760 adopted 7/18/13; Ordinance
2015-08-00816 adopted 8/20/15; Ordinance 2016-03-0832 adopted 3/3/16; Ordinance 2016-04-00835 adopted 4/7/16; Ordinance
2018-03-00876 adopted 3/1/18; Ordinance 2022-05-00953 adopted 5/19/22; Ordinance 2022-08-00535 adopted 9/1/2022; Ordinance 2023-05-00979 adopted 5/4/2023; Ordinance 2024-03-00998 adopted 3/21/2024)
Except as herein specifically provided:
(1)
No land shall be used except for a purpose permitted in the
district in which it is located.
(2)
No building shall be erected, converted, enlarged, reconstructed,
moved, or structurally altered, nor shall any building be used, except
for a use permitted in the district in which such building is located.
(3)
No building shall be erected, converted, enlarged, reconstructed,
or structurally altered to exceed the height limit herein established
for the district in which such building is located.
(4)
No building shall be erected, converted, enlarged, reconstructed,
or structurally altered except in conformity with the area regulations
of the district in which such building is located.
(5)
No building shall be erected, converted, enlarged, reconstructed,
or structurally altered to the extent specifically provided herein
except in conformity with the off-street parking and loading regulations
provided herein for the use for which the building is intended.
(6)
The minimum yards, parking spaces, and open area, including
lot area per dwelling unit, required by this chapter for each and
every building existing at the time of passage of this chapter or
for any building hereafter erected, shall not be encroached upon or
considered as part of the yard or parking, nor shall any lot area
be reduced below the requirements of this chapter for the district
in which such lot is located.
(7)
Every building hereafter erected or structurally altered shall
be located on a building lot as herein defined and, except as specifically
provided herein, there shall not be more than one principal building
on one (1) lot.
(8)
No construction of any sewer system, sanitary landfill, public
utility, or facility for the treatment of wastewater in any part of
the city or its extraterritorial jurisdiction and within two thousand
feet (2,000') of Lake Lavon shall be permitted.
(9)
All lots shall front on a street and all lots shall have street
frontage of not less than fifty percent (50%) of the required width
at the front building line but not less than forty feet (40')
unless as provided in this code. No lot shall be landlocked.
(1995 Code, sec. 9-5; Ordinance 2022-08-00535 adopted 9/1/2022; Ordinance 2024-03-00998 adopted 3/21/2024)
