HomeMy WebLinkAbout82-2478 ordORDI~ANC~ NO. 82:-2478
A ZONING ORDINANCE ~ ~' ,
R~PLALING ZONING ORDINANCE HO. 77-2090 AND ZONING MAP
PASSED AND ADOPTED ON THE 26th' DAY OF .,L.,~ ~ . - ,~ . -
HEN!LS THERETO.~ SAVE AND EXCEPT THE AH ? ~ ~''? TgGET~'=R ~{?.H ALL
CO~, . . . . ,, ~NDM_NTS TO SAID ORDtN~q,~'CE NO. /Y-2090
INING SPECIAL CO,~DITIONS APPLICABLE TO A PARTICULAR LOT, 'TRACT OR PAR-
CEE OF L ~D, AND ENACTING AND ADOPTIHG IN LIEU THEREOF A NEw ZONt~'~G ORDI,~ ~CE
AND 'MAPS,, ~,DtVIDING THE AREA NITHtN THE CORPORATEBOUP~uARIES~ n ' OF THE CITY OF"$"
FIN~NGPLA!hVIEmcERTAINtNTO TERMs'DISTRICTS~E.SULATINGIN ACCORDANCETHE L WITH A, CITY-WIDE COMPREHENSIVE PLAN;
· , OCATIO,~, SIZE, H.E~GHT, BULK AND USE OF
BDtLDI'NGS WITHIN SUCH RESPECTIVE DISTRICTS; FIXING BUtLDIN[~ LINES FOR EACH
' : . '~ TUNES IN EACH PA~,TICULAR DiSTRICT~ ADOPTING
ZON't~G MAPS ~ND MAKING TH~'M A PART OF THT~ n~nT~P~- ....... ~,- -
~:~ ~u u:r~,i~,G ~.TS ~UWERS AND DUTIES- P. [~i~ .~.
A SAV NGS CLAUSE; AND PRESERVING R GHTS
-~,~-=~',o L~O=,.~ ~HU VIOLATIONS UNDER EXISTING ORDINANCES.. -
PASSED AND APPROVED on First Reading. on the 12th day of January, 1982.
PASS~ AND A~P~OVED on Second and Final Reading on the 26th dayof
January , !982.
~.l~o56r< Way'land, ~a~ -' - ~_~
ATTTEST:
Wa~e~ S. Dodson, City Clker
CITY OF
PLAINVIEW
ZONING ORDINANCE
AS ADOPTED BY
CITY COUNCIL
EFFECTIVE FEBRUARY 17, 1982
CITY COUNCIL
J, ROBERT WAYLAND~ MAYOR
LLOYD WOODS~ MAYOR PRO-TEM
CARL TILLERSON~ COUNCILMAN
ANDY TAYLOR, SR.~ COUNCILMAN
TOM ALMON~ COUNCILMAN
TOM ADAY~ COUNCILMAN
PLANNING & ZONING COMMISSION
CLARENCE CHRISTIAN~ CHAIRMAN
RILEY ARMSTRONG~ VICE CHAIRMAN
CLARENCE DENTON
JIM LINDSEY
MIKE HUTCHERSON
VERNON NORRIS
BARBARA DORMAN
LESTER W. JAMES~ JR,
MRS, H,A, TILSON
JOE ED SULLIVAN
ZONING BOARD OF ADJUSTMENT
DON WASON., CHAIRMAN
JOE MICHALIK., VICE CHAIRMAN
JOHN RAY
B,T, LUSK
JIMMIE SHERMAN
F,F, CALHOUN
ALFRED HENDERSON
HARRY I GO
STAFF
JOHN HATCHEL~ CITY MANAGER
HAROLD GLADMAN~ DIRECTOR OF' PLANNING
ROBERT D, RICHARDS, SECRETARY PLANNING & ZONING
WM, R, HOGGE~ DIRECTOR OF PUBLIC WORKS
CHARLIE STONE, SECRETARY
ORDINANCE NO. 82-2478
A ZONING ORDINANCE REPEALING ZONING ORDINANCE NO. 77-2090 AND ZONING MAP
PASSED AND ADOPTED ON THE 26th DAY OF JULY, 1977 TOGETHER WITH ALL AMEND-
MENTS THERETO, SAVE AND EXCEPT THE AMENDMENTS TO SAID ORDINANCE NO. 77-2090
CONTAINING SPECIAL CONDITIONS APPLICABLE TO A PARTICULAR LOT, TRACT OR PAR-
CEL OF LAND, AND ENACTING AND ADOPTING IN LIEU THEREOF A NEW ZONING ORDINANCE
AND MAPS DIVIDING THE AREA WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF
PL2INVIEW INTO DISTRICTS IN ACCORDANCE WITH A CITY-WIDE COMPREHENSIVE PLAN; DE-
FINING CERTAIN TERMS; REGULATING THE LOCATION, SIZE, HEIGHT., BULK AND USE OF
BUILDINGS WITHIN SUCH RESPECTIVE DISTRICTS; FIXING BUILDING LINES FOR EACH
RE] PECTIVE DISTRICT; REGULATING THE SIZE OF YARDS, COURTS AND OPEN SPACES IN
EA~ PARTICULAR DISTRICT; REGULATING THE DENSII'Y OF POPULATION, STRUCTURES,
BUILDINGS, LAND INDUSTRY AND RESIDENCES IN THE ERECTION, REPAIR AND ALTERA-
TIO OF ALL BUILDINGS AND STRUCTURES IN EACH PARTICULAR DISTRICT; ADOPTING
ZONING MAPS AND MAKING THEM A PART OF THIS ORDINANCE; CREATING A BOARD OF AD-
JUSTMENT AND DEFINING ITS POWERS AND DUTIES; PROVIDING A PENALTY FOR VIOLATIONS
OF THIS ORDINANCE; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND
PENALTY CLAUSE HEREOF; CONTAINING A SAVINGS CLAUSE; AND PRESERVING RIGHTS IN
PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES.
WHEREAS, on the 26th day of July, 1977, the City Council of the City of
Plainview. in accordance with the laws provided adopted a comprehensive Zoning
Ordinance and Map which classified the area within the City Limits into various
use districts and from time to time zone changes and amendments have been enacted
and adopted, and from time to time have added classifications' to territory
newly annexed to the City of Plainview; and,
WHEREAS, the City Council submitted to the Planning and Zoning Commission
its request that such commission make a comprehensive 'study of thee Zoning Ordi-
nance as it exists and Zoning Map in connection therewith, and the Planning
and Zoning Commission has made preliminary reports and has held public hearings
after due notice given by depositing in the United States Post Office a written
notice of such public hearing properly addressed and postage paid to all owners
of real property in the City of Plainview, who had rendered their said property
for City Taxes as the ownership appeared on the last approved city tax roll
which W~s approved ~n September 15, 1981' ~ , and also by notice posted according
to law, all of such notices giving the time and place of such hearings on the
. 10th day of .December, 1981 at:. 7'~0.~ P.M. in the Cl~y'tv ....... £nunnil
Roo~ on the 1st floor of the City Hall in PlainvieW, Texas, and such hearings
were held at such time and place and persons ap]peared both in favor of and .
against the proposed ordinance and maps, and the Planning and Zoning Commission
h'~d submitted i~s final report and recommendations to the City Council that
Zoning Ordinance No 77-209~ should be chanqed in full to keep abreast of the
changing conditions in the growth and development of the City of Plainview, and
had further recommended that triplicate maps be adopted in lieu of the existing
Zoning Map and such recommendations were received by the City Council and after
due consideration, the City Council finds that making the proposed recommended
changes more fully hereinafter set out would be in the public interest and pro-
mote the health, safety, morals, and general welfare of the general public and
SECTION 1
TITLE
This Ordinance shall be known and may be cited as "The City of
Plainview Zoning Ordinance".
SECTION 2
PURPOSE
It is declared to be the intent and purpose of the Zoning Ordinance to
promote and protect the he61th, safety, comfort, convenience, prosperity and
general welfare of the citizens of Plainview by assuring quality development,
to allow for proper economic growth which conforms to a comprehensive plan of
the city. It is further declared that:
To promote the stability of existing land uses that conform with a
comprehensive plan and to protect them from unharmonious influences
and harmful intrusions;
To promote a harmonious, convenient, workable relationship among
land uses;
To encourage quality development through effective planning which
utilizes modern innovations of urban design;
To promote and protect the aesthetic quality of the city, by con-
serving and enhancing the taxable values of land and buildings
throughout the city;
To protect and enhance areas of scenic, historic or cultural im-
portance;
To provide adequate light and air;
To encourage proper population densities and prevent the overcrowd-
ing of structures;
To provide adequate protection for community investments in water,
sewerage, streets, schools, parks, and other community facilities;
To promote a safe, effective traffic circulation system;
To provide safety from fire and other dangers;
The c'it~ i§~he~eby, divided into zones or districts, restricting and reg-
ulating therein the location, erection, construction, reconstruction,
alteration and use of buildings, structures and land for trade, industry,
residence and other specified uses; to regulate the intensity of the use
of lot areas, and to regulate and determine the area of open spaces sur-
rounding such buildings; to establish building lines and locations of
buildings designed for specified industrial, business, residential and
other uses within such areas; to fix standards to whic~ buildings or
structures shall conform therein; to prohibit uses, buildings 'or struc-
tures incompat2ble with the character of su<~h districts~ respectively;
To prevent additions to and alterations or lemodeling o~ existing build-
ing~ or structures in such a way as to avoid the restrictions and limita-
tions lawfully imposed hereunder, providing for the gradual elimination of
non-conforming uses of land, buildings and structures.
SECTION 3
DEFINITIONS
For the purpose of this Ordinance, certain terms and words are hereby
defined as follows:
The words "used for" include "designated for" and vice versa; words used
in the present tense include the future; words in the singular number include
he plural number and vice versa; the work "building" includes the word
str~cture"; the word "dwelling" includes the word "residence"; the word
lot" includes the word "plot" and the word "shall" is mandatory and not
directory.
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ABUTTING PROPERTY: Property abutting upon a street shall also be
understood as abutting property on the other side of the street.
ACCESSORY BUILDING OR USE: An "accessory building or use" is one
which: (a) is subordinate to and serves a principal building or
principal use; and (b) is subordinate in area, extent, or purpose
to the principal building or principal use served; and (c) con-
tributes to the comfort, convenience and necessity of occupants
of the principal .building or principal use served; and (d) is 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.
An accessory building may be a part of the principal building.
Servant's quarters, as defined, are an accessory building or use.
ADJACENT: Shall mean "next to" or !!closest to" but shall not
necessarily mean "touching".
ALLEY: A public way which extends only secondary means of access
to abutting property.
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ALTERATION, STRUCTURAL: Any change in a supporting member of a
building or structure, such as bearing walls, columns, beams or
girders.
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APARTMENT: A room or group of rooms in a multi-family dwelling unit
arranged, designed, used or intended to be used for a person or
persons living independently as a single housekeeping unit.
AUTO LAUNDRY: A building or portion thereof containing facilities
for washing automobiles using automated methods including chain
conveyor, blower, steam cleaning device,, or other mechanical devices.
a self-service type of carwash is an Auto Laundry.
AUTOMOBILE SERVICE STATION: A building or place arranged, designed,
used or intended to be used for the primary purpose of d~pensing
gasoline, oil, diesel fuel, liquified petroleum gases, greases,
batteries, tires and other automobil~e accessories at retail di. rect
to the on-premise motor vehicle trade; and where other services to
motor vehicles can be rendered such as, but not limited to, the
following: Sale and servicing of spark plugs and other ignition
parts; tire repair and servicing, but no recapping; replacement of
bulbs, floor mats, seat covers, wiper blades and arms for windshields,
replacement of grease retainers, wheel bearings; radiator cleaning
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and flushing, but not repairs; washing and polishing; greasi.ng and
lubrication; installing and repairing fuel pumps and installing fuel
lines, fuel filters, carburetors, and air cleaners; wiring repair;
adjusting brakes, installing exchanged brake shoes, installing wheel
and master cylinder kits; tuning engines; air conditioner repair and
service; wheel balancing and alignment. Provided however, that the
aboVe automotive services shall never be construed to include any
major overhaul; the removal and/or rebuilding of an engine, cylinder
head, oil pan, transmission, differential, radiator, springs, or
axles; steam cleaning, body or frame work; painting; upholstering
and replacement of glass.
AUTOMOBILE AND TRAILER SALES AREA: An open area, other than a street
or required automobile parking space used for the display or sale of
automobiles and trailers to be displayed and sold on premises.
AUTOMOBILE WRECKING YARD OR .JUNK YARD: Any building, structure or
open area used for the dismantling or wr~cking of any type of used
vehicles or the storage, sale or dumping of dismounted or wrecked
vehicles or their parts and accessories, including any farm vehicles
or farm machinery or parts thereof, stored in the open and not being
restored to operating .condition, and including the commercial salvag-
ing, storage and scraping of any other goods, articles or merchandise.
AWNING: A roof-like cover of a temporary nature that projects from the
wall of a building.
BAKE SHOP: A store engaged primarily in the baking and ove~ the
counter, on premise, retailsale o'f baked goods.
BAKERY, COMMERCIAL: A business that produces baked goods primarily
for the wholesale market.
BANNER, FLAG'OR PENNANT: Any sign exposed.to.the weather and which
is made from or on cloth or other limp material. A flag shall be
any such sign which is flown from one flag staff. Any sign made
from or on cloth or othe? limp material and which is displayed behind
glass and within a.building shall be deemed a wall sign.
BASEMENT: A stor~ partly or wholly underground. For purposes of
height measurement, a. basement shall be counted as a story where
more than one-half of its height is above the average level of the
adjoining ground.
BILLBOARDS: Any structure-or portion thereof uponwhi'ch are outdoor
advertising signs which advertise, promote or otherwise disseminate
information pertaining to goods, prOducts or Services, including
charitable services or appeals and political services or appeals, and
which are not related to goods, products or services comprising a
primary use on the premises on'which the sign is located, being either:
a) Poster panels or bulletins normally mounted on a building wall or
free-standing structure with advertising copy in the-form of pasted
paper; or
b) Multi-prism signs - same as above, and alternating advertising
messages on the one display area; or
c) Painted bulletins, where the advertiser's message is painted
directly on the background of a wall-mounted or free-standing
display area.
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BOARD: Shall mean the Zoning Board of Adjustment.
BOARDING HOUSE: A building other than a hotel, where lodging or meals
for three (3) or more persons are served for compensation.
BUILDING: A structure having a roof supported by.columns or walls
and designed or intended for the shelter, support, enclosure or
protection of,persons or chattels, except fore'tents and canopies.
BUILDING ACCESSORY: A detached subordinate building arranged and
designed for a use which is clearly incidental to that of the main
building or to the.use of the land and which is not occupied for
dwelling purposes and provided further that a trailer or mobile home
shall never be construed to be within this definition.
BUILDING, COMMUNITY: A building for social, educational, and re-
creational activities of a neighborhood or community, not operated
primarily for commercial gain.
BUILDING, MAIN:' A building i.n which is conducted the principal use
of the lot on which it is situated.
BUILDING UNIT GROUP:, Two or more buildings, except dwellings
grouped upon a lot and held under single ownership or lease, such
as but not limited to universities, hospitals and institutions.
BUILDING LINE, FRONT: A line located a minimum horizontal distance
from a front lot line and parallel thereto, over which no part of a
building shall extend, unless otherwise permitted in this Code.
BUILDING LINE REAR: A line located a minimum horizontal distance
from a rear lot line, if any, and parallel thereto, over which no
part of a building-shall extend, unless otherwise permitted in this
Code.
BUILDING LINE, SIDE: A line located a minimum horizontal distance
from a side lot line, if any, and parallel thereto, over which no
part of a building shall extend, unless otherwise permitted in this
Code.
BUILDING, FRONT OF: The side of a building most nearly parallel
with and adjacent to the front of the lot on which it is situated.
BUILDABLE WIDTH: The width of the building site left to be built
upon after the required side yards are. provided.
BUILDING DETACHED: A building surrounded by yards or open space on
the same building lot.
BUILDING LOT: A single tract of land located within a single block
which (at 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 not
coincide with a lot of record. A "building lot" may' be subsequently
subdivided into two or more "building lots"', and a number of "building
lots" may be cumulated into one "building lot", subject to the
provisions of this Ordinance.
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BUILDING, MIXED: A building used.partly for residential use and
partly for community facility and/or commercial use. A ~'mixed building"
is a commercial use.
BUILDING, PRINCIPAL: A building in which the principal use of the lot,
on which it is located is conducted. All residential uses, except bona
fide. servantS' quarters, are principal uses.
BUILDING, RESIDENTIAL: A building-which is arranged, designed, used
or intended to be used for residential occupancy by one or more
fami I i es or 1 odgers.
CANOPY: Any structure of a permanent fixed nature attached to or
independent of the main structure, built and designed for the purpose
of shielding from the elements, persons or chattels or a roof-like
structure of a permanent nature which is supported by or projects
from the wall of a structure.
CELLAR: See Basement.
CLINIC, MEDICAL: A facility or station designed and used for the
examination and treatment of persons ill and affected, as out-patients.
COMMISSION, PLANNING: Shall mean the Planning and Zoning Commission
of Plainview, Texas.
COMPREHENSIVE PLAN.: CITY OF PLAINVIEW: A periodically updated series
of documents that unify all elements and aspects of city planning.
Based on careful analysis and projection, these vol-umes reflect the
best judgement of the City Council, Planning and Zoning Commission
and Staff to ensure the growth and prosperityof the City of Plainview.
The plan shall serve as a policy guide to zoning and subdivision
development decisions.
CONDITIONAL USE: 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.
CONTIGUOUS: Shall mean 'touching' or 'in contact'.
COURT: An open, unoccupied space, bounded on more than two sides by
the walls of'a building. An inner court is a court entirely surrounded
by the exterior walls of a building. An outer court is a court having
one side open to a street, alley, yard, or other permanent open space.
CURB GRADE: The elevation of the established curb in front of the
building measured at the center of such front.: Where no curb grade
has been established, the City Engineer shall establish such curb
grade or its equivalent for the purpose of this ordinance.
CUSTOMARY HOME OCCUPATION: An occupation, profession, domestic craft
or economic enterprise which is customarily conducted in a "residential
dwelling" as hereinafter defined, subject to compliance with each of
the following conditions:
a)
"Residential dwelling" as used in this Section shall mean a
detached building designed, used and occupied exclusively by
members of one family as a residence.
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b)
That no person other than members of a family who reside in the
residential dwelling be engaged in such occupation, profession,
domestic craft or economic enterprise.
c)
That such use be and remain incidental and subordinate to the
principal use of the residential ~welling as a~family residence
and the area utilized for such occupation, profession, domestic
craft or economic enterprise shall never exceed twenty-five (25)
percent of the total of the floor area or'the residential dwelling.
d)
That, to prevent increased traffic congestion in residential areas,
no advertising of the occupation, profession, domestic craft or
enterprise be conducted by means'o~ any commercial communication
media, or by the use of any other device such as a sign, display,
handbills, or other visible indication thereof displayed inside
or outside the residential dwelling.
e)
That the residential dwelling shall maintain its residential
character and shall not be altered or remodeled in order to
create any type of exterior commercial appeal.
f)
That no exterior storage of material, equipment and/or supplies
used in conjunction with such occupation, profession, domestic
craft or enterpri.se be placed, permitted or allowed on the pre-
mise~ occupied by the residential dwelling.
g) That there be no offensive noise, vibration, smoke, dust, odors,
heat or glare beyond the property lines.
h)
That such occupation, profession, domestic craft or enterprise be
wholly within the residential dwelling and no accessory building
be used in conjunction therewith.
i) That no stock, goods, wares or merchandise be sold or kept for
sale on the premises.
J)
That only equipment be used in such occupation, profession,
domestic craft or enterprisethat is ordinarily used in a private
home in a like amount and kind.
k)
Provided, however, this Section shall not be construed as
applying to "Home Beauty~Shops" as defined in Section 44 except
as otherwise provided therein.
HOME BEAUTY SHOPS: Where one ormore members of a family engage in
the buSiness practice or the trade of hair dressing or cosmetology
under a license issued by the State of Texas, within a residential
dwelling, Subject to the following conditions:
a)
That the residential dwelling was used as a Home Beauty Shop or
was being converted to such use under the terms of a valid
building permit issued by the Building Inspector on or before
September 2, 1963.
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b) That subsections 43.a through 43.k be complied with.
c)
That in relation to the services rendered as a Home Beauty Shop
no more than one (1) operator's chair, three(3) dryers and one
(1) sink be utilized and installed within the area of the resi-
dential dwelling devoted to this purpose.
d)
Than an unassignable special use permit, "Certificate of Occupancy
for a Home Beauty Shop" for such resideatial dwelling, be secured
from the Zoning Administrator, which shall be posted or displayed
within the shop area and' made available and sUbject to inspection
at any reasonable hour of a business day by the Zoning Adminis:
trator or anyone acting under his direction and supervision.
DANCE HALL: A place open to the public where dancing is permitted,
with alcoholic beverage sales prohibited.
DANCING: To move the body, especially the feet, in rhythm, ordinarily
to music.
DAY CARE CENTER: A place maintained or conducted under public or
private aUspices which cares for more than six (6')children during
a part of the twenty-four (24) hours of the day.
DEVELOPMENT LOT: A parcel or abutting parcels of land, that have
definite boundaries, which is improved~as a single unit of use.
DISTRICT: A section of the City of Plainview for which the regulations
governing the areas, heights or uses of buildings or. lots are uniform.
DORMITORY: A building in which living quarters are provided primarily
for individual students under the general supervision or regulation
of an established College or Universit~ and as distinguished from an
apartment, hotel, motel or rooming house. A dormitory may provide
apartment units for guests, faculty or supervisory personnel on a
ratio not to exceed one such' apartment' unit for each fifty (50)
students for which the building is designed, Individual rooms or
suites of rooms may have cooking facilities. The dormitory may in-
clude facilities such as a commisary and/or snack'bar, lounge and
study area, dining halls and accessory ki'tchen, recreation facilities
and laundry, provided that-these facilities are for the benefit and
use of the occupants and their guests and not open to the general
public.
DUPLICATING/COPY SERVICE: A business engaging in the reproduction
of printed or photographic impressions through;
a)
b)
Memeographic copy process, or
Electrostatic or thermal copy process, whether wet or dry, with
machines having a maximum finished product capacity of fourteen
by eighteen (14 X 18) inches.
DWELLING: A building or portion thereof designed exclusively for
residential occupancy, including one family, two family, and multiple
family dwellings, except for buildings designed and used as hotels,
boarding, rooming houses and motels.
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DWELLING UNIT: One (1) or more rooms in a dwelling designed for
occupancy by one (1) individual or family l'iving independently as
a single housekeeping unit, with no more than one (1) kitchen unit.
DWELLING, ONE-FAMILY: A detached building designed exclusively
for occupancy by one (1) family.
DWELLING, TWO-FAMILY: A building designed for occupancy by two (2)
individuals or families living 'independently of each. other within
separate units which have a common wall and are under one (1) roof.
DWELLING, MULTI-FAMILY: A building or portion thereof arranged,
designed or occupied as a.residence by three or more individuals
and/or families having s~parate quarters and living independently
of each other in separate units.
DWELLING, ROW: One of a series of'three (3) or more attached one
family dwellings under common roof with common exterior wall, and
separated from one another by single partition walls without openings
from basement to roof.
EDUCATIONAL INSTITUTION: A college or university giving general
academic instruction equivalent to the standards prescribed by the
State Board of Education.
EFFICIENCY UNIT: A one (1) room dwelling, designed for occupancy
by one (1) person, containing two hundred and twenty' (220) through
three hundred and fifty (350) square feet of net floor area, which
may include kitchen facilities within the room and shall have a
bathroom within such area.
FAMILY:. One (1) or more persons related by blood, adoption, or
marriage, or not more than two (2) unrelated persons living and
cooking together as a single housekeeping unit.
FARMING OR TRUCK GARDENING: A tract of land cultivated by an owner
or tenant for the purpose of supplying provisions and/Or food, pri-
marily for his own use,
FILLING/SERVICE:STATION: Any building or premises used for the
dispensing, sale, or offering for sale at retail of any automobile
fuels or oils. If the dispensing, sale or offering for sale is
incidential to a public garage, the premises shall be classified
as a public garage.
FRONT LOT LINE, COMMERCIAL & INDUSTRIAL:
with a street shall be front lot lines,
least one front lot li~e.
All lot lines contiguous
Everylot must have at
FRONT LOT LINE, RESIDENTIAL: All lot lines contiguous with a street,
and which do not 'terminate or intersect with an alley shall be front
lot lines. If all lot lines contiguous with a street terminate or
intersect with an alley, the front lot line shall be the shortest
lot line contiguous with a street. If all lot lines contiguous with
a street terminate or intersect with an alley, and-are of identical
length, the front lot line shall be the lot line contigumus with the
narrowest street, If all lot lines contiguous with a street terminate
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or intersect with an alley, are of identical length, and are contiguous
with streets of identical width, the front lot line shall be whichever
lot line contiguous with a street is designated by the property-owner
or platting proponent at the time of platting. Every lot must have
at least one front lot line.
GARAGE, PRIVATE: A detached accessory building or portion of the
main building for the parking or'temporary storage of automobiles
of the occupants of the premises.
GARAGE, PUBLIC: A building other than a private, garage used for the
care, repair or equipment of automobiles, or where such vehicles are
parked or stored for renumeration,-hire or sale,
GARAGE SALE: The sale of items normally accumulated by a household
subject to compliance with each of the following conditions:
a)
No more than three (3) garage sales shall be allowed for the
same location in any -twelve (12) month period. The duration of
the garage sale shall not exceed three (3) consecutive days.
b) No items shall be pumchased for a garage sale for the purpose
of resale.
c) No items for sale shall be displayed-outside of the residence,
garage or carport.
d) One (1) unlighted' sign not exceeding twelve (12) square feet in
area shall be permitted. Said sign shall pertain to the garage
sale only and shall be located on the property. Said sign shall
be permitted fo~ the three (3) day-period.
GARDEN CENTER: A building used for the display an'd retail sale of
plants, landscaping materials and horticultural supplies.
GREENHDUSES: A building consisting of glazed frames or sashes often
artificially heated used for the purpose of cultivating plants too
tender to endure open air.
GROSS FLOOR AREA.: The gross floor area O'f a building shall be measured
by taking outside dimensions of the building at each floor level.
GUEST HOUSES: Living quarters within a detached accessory building
located on the same.premises with the main building, for use by
temporary guests of the occupants, of the premises; such quarters
having no kitchen faci]'ities and not rented or otherwise used as
a separate dwelling.
HEALTH SERVICE: A charitable' or government operated facility offering
to the public, medical examination, diagnosis and limited treatment
not for profit.
HEIGHT: The height of a building or portion of a building shall be
measured from the average establiShed grade at the street lot line
or from the average natural ground level, if higher; or o~ roof's
surface if a flat surface;'to the deck line of mansard roofs; and
10
to the mean height level between eaves and rid§es for hip or gable
roofs. In measuring the height of a building the following structures
shall be excluded; Chimneys, cooling towers, radio towers, ornamental
cupolas, or spires, elevator bulk heads, tanks, water towers, and
parapet walls not exceeding four (4) feet in height.
3: 74.
.3: 75.
3: 76.
3:77.
3: 78.
3:79.
3: 80.
3:81.
3:82.
3:83
HOSPITAL: A legally authorized instil:ution 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.
HOTEL: A building occupied as the more or less temporary abiding
place of individuals who are lodged.with or without meals, in which,
as a rule, the rooms are occupied singly for-hire, in which provision
is not made for cooking in any indivi'dual apartment, and .in which there
are more than twelve (i2) sleeping rooms, a public d~ning room for
the accommodation of more than twelve (12) guests, and a general
kitchen.
HOUSE, ZERO LOT LINE: A residence allowed to have little or no
side yard on one side, where the wall on that:side has no dOors,
windows or other openings and which otherwise qualifies for a one-
hour fire rating as defined in the Building Code.
INCIDENTAL USE: A secondary or minor use associated with a primary
use.
INSTITUTIONAL HOME: A place for. the care of babies, children,
pensioners or old people, except those for correctional or mental
cases.
JUNK OR SALVAGE YARD: A lot upon which waste or scrap materials are
bought, sold, exchanged, stored, packed, disassembled, or handled,
including but. not limited to scrap iron and other metals, paper,
rags, rubber t~res and bot~tes. A "junk yard" includes an automobile
wrecking yard and automobile parts yard. A "junk yard" does not
include such uses conducted entirely within an enclosed building.
KENNEL: Any lot or premises on which four (4) or more dogs, more
than four (4) months of age are kept.
LANDSCAPING: Creating an aesthetic effect by the use of a combin-
ation of plant material, including but not limited to-grass, trees
and shrubs, planters, brick, stone, natural forms, water forms,
agregate and other landscape features. Landscaping shall not in-
clude the use of smooth concrete or asphalt.
LANDSCAPE SCREEN: Plant material of the evergreen variety, a minimum
of six (6) feet in height at the time of installation and planted on
four (4) foot_centers. All such landscape screens shall be perman-
ently maintained. Adequate facilities shall be provided for watering
at the time of installation.
LINE: A symbol used in drafting, which has only one dimension, length.
11
LOADING SPACE: An off-street.space or berth on the same lot with
building, or contiguous to a group of buildings, for the temporary
parking of a commercial vehicle while loading or unloading merchan-
dise or materials, and which abuts upon a street or other appropriate
means of access.
3:85.
LOT: An Undivided tract or parcel of land under one ownership having
access to a street, either occupied or to be occupied, by a building
or building group togetherwith accessory buildings-and used together
with such yards and other open spaces as are required by this ordin-
ance, which parcel of land is designated as a separate and distinct
tract and is identified by a tract or lot number or symbol in a
duly approved subdivision pla.% of record.
3:86.
LOT AREA: The total horizontal area within the lot lines of a lot.
3:87,
LOT AREA PER DWELLING UNIT: The lot area required for each dwelling
unit located on a building lot.
3: 88.
LOT, CORNER: A building lot situated at the intersection of two
streets, the interior angle of such intersection not to exceed
135 degrees.
3: 89,
LOT DEPTH: The mean horizontal distance between the front lot line
and the rear lot line of a building lot measured at the respective
mid-points of the front lot line and rear lot line within the lot
bound6ry.
3:90.
LOT, INTERIOR: A building lot other than a corner lot.
3:
LOT LINES: The lines designated on a plat as being the boundaries
of a lot.
3: 92.
LOT LINE, FRONT: That boundary of a building lot which is the line of
an existing or dedicated street~ Upon corner lots e~ther street line
may be selected as the front lot line providing a front and rear yard
are provided adjacent and opposite, respectively, to the front lot
line~
3:93.
LOT LINE, SIDE: That boundary of a building lot which is not a front
lot line or a rear lot line.
3:94.
3:95.
3:96.
LOT LINE, REAR: That boundary of a building lot which is most dis-
tant from and is or is most nearly, parallel to the front lOt line.
LOT OF RECORD: An area of land designated as a lot on a plat of a
subdivision recorded, pursuant to statutes of the State of Texas,
with the County Clerk of Hale County, Texas or an area of land held
in single ownership described by metes and bounds upon a deed re-
corded or registered with'the County Clerk.
LOT, REVERSE CORNER: A corner lot, rear ,lot line ofthe street which
abuts the side lot line of~the lot to its rear.
_3:97.
LOT, THROUGH: A building lot not a corner lot, both the front and
rear lot lines which adjoin street lines. On a "through lot" both
street lines shall be deemed front lot lines.
12
3:98.
3:99.
3:100.
3:101.
3:102.
3:103.
3:104.
3:105.
3:106.~
3:107.
LOT WIDTH: For commercially and industrially zoned property, it
shall be equ21 to the length of the greatest front lot line. For
residentially zoned property, it shall be equal to the length of
the shortest front lot line.
MOBILE HOME: A vehicle used fOr living or sleeping purposes and
standing on wheels or on regid supports, but which, when properly
equipped and situated, can be towed behind a motor vehicle. A
trailer coach is a mobile home.
MOBILE HOME PARK: Any tract of land under single ownership, eight
(8) acres or more, where accommodation is provided for non-transient
mobile home use.
MOBILE HOME SUBDIVISION: A tract of land, twenty (20) acres or more
which has been final platted of record in its entirety in accordance
with the City of Plainview Subdivision Regulations and in accordance
with the "Specific Use" section of the Zoning Ordinance.
MODULAR HOME: A factory-built dwelling unit, attached or detached,
which is wholly or partially constructed away from its building lot
and moved to a building lot where it is affixed or situated as a
permanent building. A modular home is a residential use. A mobile
home shall not be construed to be a modular home.
MOTEL, MOTOR HOTEL, OR MOTOR LODGE: A building or group of buildings
designed primarily to serve individuals traveling by automobile in
which lodging is provided for more than twenty (20) persons for
compensation and where an office and register is maintained separately
and apart from any of the rooms or units provided for the customers
and where the operation is supervised by a person or persons in charge
at all hours. A motel, motor hotel, or motor lodge may include
as accessory uses, restaurants, club rooms, banquet halls, ballrooms
and meeting rooms.
MOTOR FREIGHT TERMINAL: A building or area in which freight brought
by motor truck is assemblod and/or stored for shipping in interstate
and intrastate commerce by motor truck. A motor freight terminal is
a truck terminal.
NATURAL OR ARTIFICIAL BARRIER: Any river, pond, canal, railroad,
levee, embankment or fence or hedge which prohibits a view of the
use from the outside.
NIGHT CLUB: A place where mixed alcoholic beverages are sold for
consumption on the premises, with or without food, as the primary
bu§iness. Live entertainment may be provided and dancing permitted
subject to other applicable City Ordinances.
NON-CONFORMING BUILDING: A buildi.ng or structure or portion thereof
lawfully existing at the time this ordinance became effective, which
was designed, erected, or structur~lly altered for a use that does
not conform to the use regulations of the district in which it is
located.
13
3:108.
3:109.
3:llO.
3:111.
3:112.
3:113.
NURSERIES: A place where trees, shrubs, or flowering plants are raised
from seed or otherwise in order to be transplanted or propagated.
NURSERY, DAY: See Day Care Center.
NOXIOUS MATTER: A material which is capable of causing injury to
living organisms by chemical reaction or is capable of causing det-
rimental effects upon the physical or economic wellF-being or comfort
of humans.
OFF STREET PARKING SPACE: An area for the. temporary storage of an
automobile which shall be permanently reserved'for such purpose and
which shall not be within or on'any'public street, alley or other
right-of-way. Such area shall:
a) Have a permanent all-weather surface paved in accordance with
City standards for residential streets.
b) Have dimensions for each space of not less than 9' X 18'.
c) When off of any alley, have dimensions for eachspace of not
less than 9' X 24'.
d)
Be accessible by an al l -weather : surfaced drive of sufficient
width to provide for access and maneuvering,' which drive shall
connect with a dedicated street or alley, provided however,
such drive shall not be required for spaces that abut an alley.
e) Be appropriately defined or marked to deliniate one space from
another.
f)
g)
h)
Be so designed and regulated that no parking, or maneuvering
incidental to parking shall be on any public street or walk.
Provided, however, this provision shall not apply to access
from an alley or to single or two-family units.
Provide adequate barriers to keep any parked vehicle from
extending into or overhanging any public'right-of-way.
Be so designed that any vehicle may be parked and unparked
without requiring the moving of any other vehicle.
i) Be located on the development lot.
OPEN AREA: That part of a building lot, including courts or yards,
which:
a) Is open and unobstructed from its lowest level to the sky,
b) Is accessible to all residents upon a building lot, and
c) Is not part of the roof of that portion of the building
containing dwelling units.
OPEN STORAGE: The storage of any equipment, machinery, commodities,
raw, 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°
14
3:114.
3:115.
3:116.
3:117.
3:118.
3:119.
3:1'20.
3:121 ..
3:122.
3:123.
3 :l 24.
3 :125,
PARKING AREA, PUBLIC OR CUSTOMER: An open area, other than a
private parking area, Street or alley used for the parking of
automobiles and available for public or quasi-public use.
PARKING SPACE, AUTOMOBILE: Space within a building or a private
or public area for parking of one ('1) automobile.
PERMANENTLY MAINTAINED: Shal:l- be defined.as a constant, and con-
tinuingstate of maintenance,~thereby preserving the installation
as similar to the original as possible.
PERSON: When used in this~ordinance shall mean every natural
person, firm, co-partnership, association, partnership,~corporation
or society; and the term "person" shall include both singular and
plural, and the masculineshall embrace the'feminine gender.
PET STORE: The purchase and resale of pets and related items and
supplies.
PUBLIC PARK: Any publicly owned park, playground, beach, parkway,
greenbelt, or roadway within the jurisdiction and control of the City.
PLUMBING, HEATING, REFRtGERATION~OR.AIR CONDITIONING BUSINESSES:
Business whose primary purpose is~the sales, service or installa-
tion of equipment pertaining to plumbing, heating, refrigeration
or air conditioning.
PLUMBING SERVICE: The operation of a business which involves only
retail sales and off premises service, installation and repair of
units and fixtures. The premises shall not include a workshop for
repair or fabrication of parts, fixtures or units. Sheet metal
work of any type shall not be permitted. Storage shall be permitted
for units and .supplies incidental to retail sales, off premises
service and repair only. No outside storageshall be permitted.
This section shall not be interpreted to allow a plumbing, heat-
ing refrigeration or airconditioning contmactor or similar type
wholesale, service or repair operation.
PRINT SHOP: A business engaging in the reproduction of printed
or photographic impressions including but'not limited to, the
process of composition, binding, platemaking, microform, type
casting, presswork, and printmaking.
QUICK OIL CHANGE FACILITY: A business.engaging in.the.changing
of oil, oil filters and the chassis lubrication of motor vehicles.
All new oil shall be dispensed from drums and all old oil shall be
kept in sumps until removed by pumper trucks.
QUICK TUNE FACIL]TY: A business engaging in eng. ine adjustment and
minor part replacement..for'motor vehicles, limited to spark plugs,
condensers, spark plug wires, distributor_caps, distributor points,
PVC valves, air cleaners, fan belts and radiator hoses. Such a
facility shall not repair or replace carburetors, starters, alter-
nators, generators, radiators, water.pumps or other major engine
parts, brake shoes o.r mufflers.
REAR LOT LINE: Any lot line contiguous to an alley.
15
3:126.
3:127.
3:128~.
3:129~
3:130~
3:131 ~
3:132.
3:133.
3:134.
3:135.
RECREATION AREA: A privately owned park, playground, or open Space
maintained by a community club, property-owners association, or
similar organization.
REFRIGERATION SERVICE: The operation of a service business which
involves servicing, making repairs, replacements and installations
of refrigeration~units with such operation being i'n accordance With
Section 120.
REMNANT: A parcel of land left over after subdividing or resubdi-
vision which is located and is confined on'both sides of thesub-
division or re-subdivision by buildings or other improvements that
would prevent extensions.
REST HOME OR NURSING HOME: A private facility for the care of child-
ren or the aged or infirm or a place of restfor those suffering
bodily disorders. Such homes do not'contain facilities for surgical
care or the treatment of disease or injury.
RESTAURANT: A place where the primary business is the sale on pre-
mises of prepared food, with separate adequate kitchen facilities
for the preparation Of the food to be sold. The adequacy of the
kitchen facilities shall be based upon the seating capacity of the
restaurant and the type of menu offered.
RETAIL: The sale of goods, merchandise, services, and/or commodities
to the general public.
ROOMING HOUSE: Any building or portion thereof which contains guest
rooms which are designed or intended ~to be .used, let or hired out for
occupancy by, or which are occupied by three or more, but not exceed-
ing eleven (ll) individuals for-compensation, p.aid directly or in-
directly, and no meals are served or provided the occupants.
SCHOOL, ELEMENTARY AND HIGH: An institution which offers instructions
in the several branches of learning and study'required to be taught
in the public schools by the Education Code of the 'State of Texas.
High schools include Junior and Senior.
SCHOOL, PRIVATE: An ~nstitution of learning hav,ing a curriculum
equivalent to public schools (Does not include specialty schools,
such as dancing, music, beauty, mechanical, trade, swimming or
commercial schools.)
SCREENING DEVICE: Shall consist of a barrier of stone, brick,
pierced brick .er block, uniformly colored wood, or other permanent
material of equal character, density, and acceptable design, at
least six (6) feet in height, where the solid area equals at least
sixty-five (65) percent of the wall surface, including an entrance
gate or gates; or foliage of an acceptable type and of a density
that will not permit through passage; or'an acceptable combination
of these materials. Such screening device shall be continuously
maintained.
16
3:136.
3:137.
3:138.
3:139.
3:140
3:141.
3:142.
3:143.
3:144.
3:145
SERVANT"~S QUARTERS: An accessory building or portion of an accessory
building located on the same lot or grounds with the main building,
containing not more than one set of kitchen and bathroom facilities
and used as living quarters for a person or persons employed on the
premises for not less than fifty (50) percent of his or her actual
working' time, and not otherwise used or designed as a separate place
of abode, provided the living area of such servant's quarters shall
not exceed six hundred (600) square feet.
SIDE LOT LINE: Any lot line not a front or rear lot line.
SIGN: A name, identification, description, display, or illustration
which is affixed to, or represented directly or indirectly upon a
building, structure, or piece of land and which directs attention to
an object, product, Place, activity, institution, or business. A
"sign" is not a display of official court or public office notices,
nor is it a flag, emblem, or insignia of a nation, political unit,
school, or religious group. A "sign" shall not include a sign located
completely within an enclosed building.
SIGN AREA: The area of any free-standing sign or billboard shall be
the sum of the areas enclosed by the minimum imaginary rectangles,
triangles, or circles which fully contain all extremities of the sign,
including the frame but excluding any supports. Sign area for all
other signs shall be the sum of the areas of the minimum imaginary
rectangles, triangles, or circles which fully contain all words,
numbers, figures, devices, designs, or trademarks by which anything
is made know:.
SIGN, AUXILIARY: Any sign indicating general information, such as
pricing, trading stamps, credit cards, official notices or services
required by law, trade associations, and signs giving directions to
offices, rest rooms, exits and like facilities.
SIGN, BILLBOARD: See Billboards
SIGN, BUSINESS: A sign which directs attention to a business or
profession conducted or to a commodity, service, or entertainment
sold or offered upon the premises.
SIGN, COMMUNITY SERVICE: Any sign which solicits support for or
advertises a non-profit community use, public use, or social institution.
Such signs ma~ include, but shall not be limited to seasonal holidays,
such as Christmas or Easter, school activities, charitable programs, or
religious activities. ' '
SIGN, FLASHING: An illuminated sign on which the artificial light
is not maintalned stationarily, or in constant intensity or color at
all times when such sign is in use. For the purpose of this Ordinance,
any revolvi.ng, illuminated sign shall be considered a flashing sign°
SIGN, FREE STANDING: Any sign permanently affixed to the ground and
which is not affixed to a building and which is not used 'for off-
premises advertising.
17
3: 146.
3: 147.
3: 148.
3: 149o
3: 150.
3: 151.
3:152.
3:153.
3:154.
3:155.
3:156.
SIGN, GOVERNMENTAL: Any sign indicating public works projects, public
services or other programs or activities conducted or required by any
governmental subdivision.
SIGN HEIGHT: Sign height shall be the vertical distance between
the highest part of the sign or its supporting structure, whichever
is higher, and the average established ground level beneath the sign.
SIGN, ILLUMINATED: Any sign designed to give forth any artificial
light, or designed to reflect light from one or more sources, natural
or artificial°
SIGN, PORTABLE: Any sign notpermanently affixed to the ground or
to a building and which is designed to permit removal and reuse.
SIGN, REALTY: Any sign used'to advertise a real'estate development
site or to advertise that real estate.is for sale or lease.
SIGN, ROOF: Any signs which are affixed to building roofs, except
sloping roofs.
SIGN, SETBACK: Sign setback shall be the horizontal distance between
a sign and the front lot line, as measured from that part of the sign,
including its extremities and support.,;, nearest~to any point on an
imaginary vertical plane projecting from the front lot line.
SIGN, SLOPING: Any sign affixed to a sloping roof.
SIGN, TEMPORARY BUSINESS PROMOTION:' Any sign which is designed to
produce revenue by advertising services, sales, or'Other temporary
promotional programs and which have a limited duration.
SIGN, WALL: Any sign affixed flat against and parallel to a building
wall. For the purposes of this definition, wall shall include window
areas.
SITE PLAN: A detailed line drawing clearly describing the project
and showing the following information:
a) Drawn to scale showing scale used, north arrow, date and title
of project~
b) Property lines, location and widths of all streets, alleys and
easements.
c)
Proper dimensions on all fundamental features such as lot, build-
ings, parking spaces, landscaped areas.
d) The location of setback lines, driveway openings and sidewalks.
e) All proposed buildings, free-standing sign locations, parking
areas and.open-spaces.
f)
All required landscaping, together with a description of type of
material to be used.
18
3: 157~
3':158
3:159.
3:160.
3:161.
$:162.
3:163.
3:164.
3:165.
3:166·
g) A cross section o~ any required or proposed screening.
h)
Total square footage of the development lot; total square footage
of proposed structures; total footage oflandscaped areas; total
percentage of coverage; density of floor~.area ratio where applicable;
height of all structures; number of parking spaces;- square footage
and design features of all signs; garbage Collection facilities.
i) Name, address and telephone number of the proponent.
STABLES, PUBLIC: A stable with a capacity for more than four (4)
horses ~or mules.
STACK LOT: A lot used for the outside storage of used materials,
machinery, or equipment and to which the general public is not normally
invited.
STORY: That portion jfa building included between the surface of
any floor and the surface of the next floor above it, or if there
be no floor above it, then the space between such floor and ceiling
next above it.
STORY, HALF: A story under a gable, hip or gambrel roof, the wall
plates of which at least two (2) opposite exterior walls are not
more than two (2) feet above the floor of such.story, and which
-has an average height of not more than eight (8) feet and covering
a floor area of not more than seventy-.five (75) percent of the area
of the floor on the story'next below.
STREET: A public way which extends primary means of access to
abutting properties.
STREET WIDTH: The horizontal distance between the side lines of a
street, measured at right angles to the side lines.
STRUCTURE: Anything constructed or erected which requires location
on the ground or attached to something~having a location on the
ground.
TENT: A portable or temporary cover or shelter, with or without
side panels, which is supported by poles and'is made of canvas,
plastic or similar materials.
TRAILER: Any portable or mobile vehicle on wheels, skids or rollers
not structurally anchored to a foundation, either self-propelled,
or propelled by an attached vehicle, animal,'person or other pro-
pelling apparatus, which is used or may be used for commercial
hauling, or storage purpose.
TRAVEL TRAILER: Travel trailer and vacation travel trailer are used
synonymously throughout the comprehensive zoning ordinance and mean
a vehicular portable structure designed for a temporary or short-term
occupancy for travel, recreational and vacation uses. Such vehicle
shall include travel trailer, pick-up (:amper, converted bus, tent-
trailer or similar device used for temporary portable housing. These
units shall be eight (8) feet or less in width and thirty-five (35)
feet or less in length.
19
3: 167.
3: 168.
3:169.
3: 170.
3: 171.
3: 172.
3:173.
3:174.
3:175.
3:176.
3:177.
3:178.
3:179.
TRAVEL TRAILER PARK: Travel trailer park means any tract of land
under single ownership, ten (10) acres or more, where accomodation
is provided for transient trailer use.
TOXIC MATERIALS: Those materials which are capable of causing
injury to living organisms by chemical means when present in
relatively small amounts.
UNCOVERED PUBLIC PARKING LOTS: Any premises used for the purpose of
parking motor vehicles for remuneration. No repairs or sales will
be permitted on the premises.
USE: The purpose for which land or.buil~ding is arranged, designed
or intended, or for which eitherland or building is or may be
occupied or maintained.
USED CAR SALES AREA: An area used for the display and sale of used
automobiles in operating condition and where no repair work is done
except the minor adjustments of the cars to be displayed or sold on
the premises.
WASHATERIAS: A building or place where clothes and linens are
washed and thoroughly dried by the use of not exceeding three (3)
employees and four (4) automatic single family machines and where
the operation of washing and/or drying and/or mangle machines is
done exclusively by the customer on the self-service basis, and
where the fuel and power for the heating of water and drying shall
be smokeless and odorless, and such as will not cast off soot.
WING OR EXTENSION: That-part of a building projecting towards the
rear lot line, if any, but only if the width of that projection is
less than one half of the total building width. For the purposes
of this definition, building width shall be the greatest dimension
of the building, as measured at right angles to the front property
line.
WHOLESALE: The sale of goods., merchandise, services and/or com-
modities for resale by the purchaser and does not offer retail
sales to the general public.
YARD: An open space between a building or group of buildings and
the nearest lot line and is unoccupied and unobstructed from the
ground upward.
YARD, FRONT: That yard between the front building line and the
front lot line.
YARD, REAR: That yard between the rear building line and the
rear lot line if any.
YARD, SIDE: That yard between the side building line and the
side lot line, if any.
ZONING DISTRICT MAP: The map or maps incorporated into this Ordin-
ance as a part hereof by reference thereto.
2O
SECTION 4
ESTABLISHMENT OF DISTRICTS-AND BOUNDARIES
For the purpose of this Ordinance, the City of Plainview is hereby divided into
eighteen Classes of Use Districts as follows:
AO: Agricultural Open Space District
RI: Single Family Residential District (7,000 sq. ft.)
R2: Single Family Residential 'District (6,000 sq. ft.)
TF: Attached Residential District
MFI: Multi-Family Residential District
MF2: Multi-Family Residential District
TH: Townhouse Residential District
MH: Mobile Home Park District
CRS: Commercial Residential Service District
CNS: Commercial Neighborhood Service District
CRD:' Commercial Retail District
CB: Central Business District
CGB: Commercial General Business District
M-l: Light Industrial District
M-2: Heavy Industrial District
PD: Planned Development District
DH: Design Historic District
SU: Specific Use District
The location and boundaries of the districts herein established are shown upon
the Official Zoning Map, which is hereby incorporated into this Ordinance.
Said Zoning Map, together with all notations, references, and other information
shown thereon, and all amendments thereto, shal- be as much a part of this
Ordinance as is fully set forth and described herein. Said Zoning Map, properly
attested, is on file in the first floor lobby of City Hall.
21
SECTION 5
OFFICIAL-ZONING MAP
The boundaries of the Zoning Districts set out herein are delineated upon the
Zoning District Map of the City of Plainview. Said Map being a part of the
Ordinance as fully as if the same were set forth herein in detail.
The Official Zoning Map shall be identified by the signature of the Mayor,
attested by the City clerk and having the Seal of the City under the following
words:
"This is to certify that this is the Official Zoning Map
referred to in Section of Ordinance Number 'of
the City of Plainview, Tex-----~s, adopted "
5:1.
MAINTENANCE OF ZONING MAP: The Official Zoning Map shall be kept
in the first floor lobby at' City Hall and one (1) copy shall be
maintained in the office of the Director of Planning.
It shall be the duty of the Secretary.of the Planning and Zoning Commission
to keep the Official Map current and the copies thereof, herein provided
for, by entering on such maps any changes which'the City Council may
from time to time order by amendments to the Zoning Ordinance and Map.
The City Clerk, upon the adoption of this.Ordinance, shall affix a
certificate identifying the map in his office as the Official Zoning
Map of the City. He shall likewise officially identify the copies
directed to be kept by the Planning Commission and in the office of
the Director of Planning. All amendments of the Map shall be made
immediately after their enactment and the date of the change shall be
noted on the Certificate. The amending ordinance shall provide that
such changes or amendments shall not-become effective until they have
been duly entered upon this Official Zoning Map. The entry shall be
signed by the Mayor and attested by the City Clerk.
In the event that the Official Zoning Map becomes damaged., destroyed,
lost, or difficult to interpret because of the nature or number of
chaDges and additions, the City Council may by resolution adopt a new
Official Zoning Map which shall supersede the Official Zoning Map.
The new Official Zoning Map may correct drafting or.other errors or
omissions in the prior Official Zoning Map, but no such correction
shall have the effect of amending the original Zoning Ordinance or
any subsequent amendment hereof. ~The new Official Zoning Map shall
be identified by the signature of the Mayor, attested, by the City
Clerk and bearing the seal of the City under the following words:
"This is to certify that this Official Zoning Map supersedes and
replaces the Official Zoning Map adopted as a part of Ordinance
of the City of Plainview, Texas."
22
5:2.
Unauthorized 'Change of Zoning. Map: No changes of any nature shall be
'made 'in the Official Zoning Map or matter shown there, on except in con-
formity where the procedures set i~orth ~'n this Ordinance. Any unauthor-
ized change of whatever kind by any person ~r persons shall be con-
sidered a violation of this Ordinance and punishable'as provided under
Section 36 of this Ordinance.
Regardless of the° existence of purposed co les of the Official Zoning
Map, which may from time to time be made or published, the Official
Zoning Map which shall be located in the first floor lobby at City
Hall shall be the final authority as the current zoning status of land
and water areas, buildings and other structures in the City.
23
SECTION 6
TEMPORARY ZONING ANNEXED TERRITORY
All territory hereafter annexed to the City of Plainview shall be temporarily
Classified as "AO" Agricultural-Open Space District~ until permanent zoning is
established by the City Council of the City of Plainview. The procedure for
establishing permanent zoning is established by the City Council of the City
of Plainview. The procedure for establishing permanent zoning of annexed
territory shall conform to the procedure established by law from the adoption
of Original Zoning Regulations.
In an area temporarily classified as "AO" Agricultural-Open Space:
(a)
No person shall erect, construct or proceed or continue with-the
-erection or construction of any building or structure or cause
the same to be done in any newly annexed territory to the City of
Plainview without first applying 'for' and obtaining a Building
Permit or Certificate of Occupancy from the Building Official or
the City Council as may be required herein.
(b)
No permit for the construction of a building or use of land shall
be issued by the Building Inspector other than a permit which will
allow the construction of a building permitted in the "AO" Agri-
cultural Open Space District, unless and until such territory has
been classified in a zoning district other than the "AO" Agricul-
tural~Open Space District by the City Council in the manner pro-
videdrby law except as provided in Section 9,
(c)
An application for a permit for any other use than that specified
in paragraph ~)shall be made to the Building Inspector of the City
of Plainview and by him referred to the City Planning and Zoning
Commissi.on in making its recommendation to the City Council con-
cerning any such permit shall take into consideration the appro-
priate land use for the area.
The City Council after receiving and reviewing the recommendations
of the City Planning and Zoning Commissions may, by majority, vote
to authorize the issuance of a Building Permit or Certificate of
Occupancy or may disapprove the application.
24
SECTION 7
APPLICATIONS OF DISTRICT REGULATIONS
7:1.
7:2.
The regulations set by this Ordinance within each district shall be minimum
regulations and shall apply uniformly to each class or kind of structure or
land, and particularly except as hereinafter provided:
COMPLIANCE REQUIRED
No building, structure or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered unless in
conformity with all of the regulations herein specified for the dis-
trict in which it is located.
(a) No building or other structure shall hereafter be erected or
altered:
1. to exceed the height;
2. to accomodate or house a greater number of families;
3. to occupy a greater percentage of lot area;
4. ~o have narrower or smaller rear yards, front yards, side
yards or other open spaces;
than herein required; or in any other manner contrary to the
provisions of this ordinance.
(b)
No part of a yard or other open space, or off-street parking or
loading space required about or in connection with any building
for the purpose of complying with this ordinance shall be included
as a part of a yard, open space, or off-street parking or loading
space similarly required for any other building.
(c)
No yard or lot existing at the time of passage of this ordinance
shall be reduced in diminsion or area below the minimym require-
ments set forth herein. Yards or lots created after the effective
date of this ordinance shall meet at least the minimum require-
ments established by this ordinance.
RULES FOR THE INTERPRETATION'OF'DISTRICT'BOUN'DARIES:
Where uncertainty exists with respect to the boundaries of any of the
aforesaid districts shown on the Zoning Map, the following rules shall
apply:
(a)
Where district boundaries are indicated as approximately following
the censer lines of streets or highways, street lines or highway
right-of-way lines, such center lines, street lines, or highway
right-of-way lines shall be construed to be said boundaries
25
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Where district boundar-ies~are so dedicated that they approximately
follow the lot lines, such lot lines shall be construed to be said
bo unda ri es.
Where district boundaries are indicated as approximately following
a parallel to a d~inage~course or'other prominent physical feature,
such drainage course, other prominent physical feature or parallel
line shall be construed to be said boundaries.
Where district boundaries are so indicated that they are approx-
imately parallel to the center lines or street lines of streets,
or the center lines of right-of-way'lines of highways, such district
boundaries shall be construed as being parallel thereto and at
such distance therefrom as indicated on the Zoning Map. If no
distance is given, such dimension shall be determined by the use
of the scale of said Zoning Map.
Where district boundaries are so indicated that they are approxi-
mately perpendicular to the center line or right-Of-way lines of
streets, highways, or drainage courses, such district boundaries
shall be construed to be perpendicular to said street, highways,
or drainage courses.
If unsubdivided property, the district boundary lines on the
Zoning Map shall be determined by use of the scale appearing
on the Map.
In the case of.a district boundary line dividing a lot intO two
(2) parts, the. district boundaryline shall be construed to be
the lot line nearest the district boundary line as shown.
Whenever any street, alley or other public way is vacated by
official action of the City Council,, the Zoning District adjoining
each side of such.street, alley, or public way shall be automatic-
ally extended to the center of such vacation and-all area included
in the vacation shall then and hence forth be subject to all regu,
lations of the extended districts.
Where the streets or alleys on the ground differ from the streets
or alleys as shown on the Zoning Map, the streets or alleys on
the ground shall control.
26
SECTION 8
ADOPTION OF AREA AND USE SCHEDULES
Schedules of area and size requirements and use regulations as given in the
Appendix to this Ordinance and therein entitled Schedule of Areas and Sizes
an~ "Schedule of Uses bY Distri " ' ·
ct respectively, together'with all notations,
re~erences, and other information show~ thereon, and all amendments thereto,
shall be as much a part of this Ordinance as any specific requirements or reg-
ulationS as are fully set forth and described herein.
27
9:l.
9:3.
9:4.
SECTION 9
"AO" AGRICULTURAL'OPEN SPACE'DISTRICT REGULATIONS
TO provide transition from a rural to an urban setting for all newly
annexed areas.
Use Regulations
A building or premise shall be used only for the following purposes:
a) All general and special agricultural, farming, ranching, stock
and poultry raising, dairy, and other related uses, so long as
same do not cause a hazard to health by reason of unsanitary
conditions; and not offensive by reason of odors, dust, fumes,
noise or vibration; and are not otherwise detrimental to the
public welfare; and in no case'shall poultry or'livestock be
kept nearer than two hundred (200) feet from any property line.
b) Alt general and special forestry and mining uses and other related
uses so long as same are not offensiYe by reason of odors, dust,
fumes, noise, vibration, unsightly conditions, or despoilation,
and are not otherwise detrimental to the public welfare.
c)
e)
f)
g)
h)
Public parks and recreation areas.
Single-family dwellings on building lots of five (5) acres or more
i.n areas where said dwellings can be adequately served by water
wells and septic tanks located on the building lot.
Country clubs or golf courses, but riot including miniature golf
courses, driving ranges or similar forms of commercial amusement.
Public buildings, including libraries, museums, auditoriums,
police and fire stations, and similar public uses.
Schools, public elementary or high school.
Such uses as may be permitted under the provisions of Section
Specific Use Permits.
.Height Regulations
No building shall exceed thirty-five (35) feet or two and one-half
(2 ½) stories in height.
Area RegulatiOns
a) Size of Yards; All front, side, and rear yards shall have a
dimension of not less than one hundred (100) feet.
b) Size of lots: No lot shall have an area of less than one (1) acre.
28
c)
Lot Coverage: In no case shall more than ten (10) percent of the
total area of the lot be covered by the combined area of the main
buildings and accessory buildings.
,Parki n~ ,Rg~ul ati ons
Off-street parking spaces shall be provided in accordance with the
requirements for uses set forth in Section 27.'
29
SECTION l0
"R-l" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS
10:1.
10:2
PURPOSE
The purpose of this district is to promote orderly and proper develop-
ment of single family residential units; to protect established and
future single f~mily residential developments from inharmonious and
harmful land uses; and to provide a "quality environment" for the
residents of the district and city.
USE REGULATIONS
A building or premise shall be used only for the following purposes:
1. Single Family dwellings.
2. Churches or other placeS of worship.
e
5m
e
®
e
10.
Public colleges, public universities or other public institutions
of higher learning.
Country Clubs or golf courses, but not including miniature golf
courses, driving ranges or similar forms of commeraial amusement.
Farms, nurseries or truck gardens, limited to the propagation
and cultivation of plants~ provided no retail or wholesale bus-
iness is conducted on'~the premises, and provided further that no
poultry or livestock other than normal household pets shall be
housed within two hundred (200) feet of any property line.
Privately owned and maintained recreation areas where occupying
the same lot or lots as a residence.
Real estate sales offices during the development of residential
subdivisions, but not to exceed two.years.
Schools, public elementary or public secondary school.
Temporary buildings for uses incidental to construction work on
the premises, which buildings shall be removed upon the completion
or abandonment of construction work.
Accessory buildings and uses, customarily incident to the above
uses and located on the same lot therewith, not involving the
conduct of a retail business, except as provided herein:
a. The term accessory use shall include customary home occupations
as herein defined.
bm
A billboard, signboard or advertising sign shall not be per-
mitted as an accessory use, except that the placing of an
Unilluminated "For Sale" or "For Rent" sign not more than six
3O
10:3
10:4
(6) square feet in area may be permitted as accessory use,
and except that churches and other institutions may display
signs showing names, activities and services therein provided,
and that during construction of a building, one unillumin-
ated sign advertising contractors or architects on such premises
shall be permitted, provided that such sign shall be removed
immediately upon completion of the building.
ll. Such uses as may be permitted under the provisions of Section 26
Specific Use Permits.
HEIGHT REGULATIONS
No building shall exceed thirty-five (35) feet or two and one-half (2½)
stories in height.
AREA REGULATIONS
l. Size of Yards
ae
Front Yard: There shall be a front yard having a depth of not
less than thirty (30) feet. Where lots have double frontage,
running through from one street to another, the required front
yard shall be provided on both streets.
Side Yard: There shall be a side yard on each side of the lot
having a width of not less than five (5) feet. The side yard
adjacent to a side street shall not be less than ten (10) feet,
except when a garage or carport opens onto a side street, said
garage or carport opening shall not be. less than twenty (20)
feet from side property line, except on platted lots that were
of record at the time of adoption of this ordinance.
c. Rear Yard: There shall be a rea~r yard having a depth of not
less than twenty-five (25) feet.
2. Size ~of Lot
a. Lot Area: No building shall be constructed on any lot of less
than seven thousand (7,000) square feet.
Lot Width: The average width of the lot shall not be less than
sixty (60) feet, nor shall the lot width at the front yard set-
back line or the rear yard setback line be less than sixty (60)
feet.
Ce
Lot Depth: The average depth of ~he lot shall not be less than
one hundred ten (110) feet, except that a corner lot may have
an average depth of less than one hundred ten (llO) feet, pro-
vided that the minimum depth is no less than ninety (90) feet.
d. Where a lot having less area, width and/or depth than herein
required existed in separate ownership upon effective date of
31
10:5.
this Ordinance, the above regulations shall not prohibit the
erection of one-family dwelling thereon.
Lot Coverage: In no case shall more than forty (40) percent of the
total lot area be covered by the combined area of the main buildings
and accessory buildings.
PARKING REGULATIDNS
Off-street parking spaces shall be provided in accordance with the re-
quirements for uses set forth in Section 27~
32
11:1
11:2
ll:3
11:4
SECTION ll
R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS
PURPOSE
The purpose of this district is to promote stable, quality residen,
rial development of slightly increased densities. THis district may
include entire neighborhoods or when used in accordance with the
intent of the comprehensive plan, may provide a "buffer" district
between lower and higher density residential districts.
USE REGULATIONS
A building or premise shall be used only for the following purposes:
1. Any use permitted in District "R-l".
2. Such uses as may be permitted under the provisions of Section 26,
Specific Use Permits.
HEIGHT REGULATIONS
No building shall exceed thirty-five (35) feet or two and one-half (2½)
stories in height.
AREA REGULATIONS
1. Size of Yards
ae
Front Yard: There shall be a front yard having a depth of not
less than twenty-five (25) feet. Where lots have a double front-
age, running through from one street to another, the required
front yard shall be provided on both streets.
Side Yard: There shall be a side yard on each side of the lot
having a width of not less than five (5) feet. The side yard
adjacent to a side street shall not be less than ten (10) feet,
except where a garage or carport opens onto a side street, said
garage or carport opening shall not be less than twenty (20) feet
from side property line, except on platted lots that were of
record at the time of adoption of this ordinance.
c. Rear Yard: There shall be a rear yard having a depth of not less
than twenty-five (25) feet.
2. Size of Lot
a. Lot area: No building shall be constructed on any lot less than
six thousand (6,000) square feet.
Lot Width: The average width of the lot shall be not less than
fifty (50) feet, nor shall the lot width at the front yard set-
back line or the rear yard setback line be less than fifty (50)
feet.
33
11:5.
Ce
Lot Depth: The average depth o'f the lot shall not be tess
than one hundred (lO0) feet, except that a corner lot may
have an average depth of less tlhan one hundred (100) feet,
provided that the minimum depth is no less than eighty (80)
feet.
de
Where a lot having less area, width and/or depth than herein
required existed in separate ownership upon the effective
date of this Ordinance, the above regulations shall not
prohibit the erection of a one-family dwelling thereon.
Lot Coverage: In no case shall more than forty (40) percent of
the total area be'covered by the combined area of the main build-
ings and accessory buildings.
PARKING REGULATIONS
Off-street parking spaces shall be provided in accordance with the
requirements for uses set forth in Section 27. ~
34
12:1
12:'2
12:3
12:4
SECTION 12
"TF" ATTACHED RESIDENTIAL DISTRICT REGULATIONS
PURPOSE
The purpose of this district is to promote stable, quality residential
development of slightly increased densities and multiple occupancy.
This district may include entire neighborhoods or, when used in accor-
dance with the intent of the comprehensive plan, may provide a "buffer"
district between low-density and high-density or non-residential districts.
USE REGULATIONS-
A building or premise shall be used only for the following purposes:
1. Any use permitted in District "R-l" and "R-2".
e
Attached dwelling units, provided that no more than two (2) dwelling
units are attached in one continuous row or group and provided that
no dwelling unit' is constructed above another dwelling unit.
HEIGHT REGULATIONS
No building shall exceed thirty-five (35) feet or two and one-half (2½)
stories in height.
AREA REGULATIONS
1. Size of Yards
ae
Front Yard: There shall be a front yard having a required
depth of not less than twenty-five (25) feet. No required
parking shall be allowed within the required front yard.
Side Yard: There shall be a side yard on each side of a
continuous row or group of dwellings of not less than ten
(lO) percent of lot width. A side yard adjacent to a side
street shall not be less than (10) feet, except where a garage
or carport opens onto a side street, said garage or carport
opening shall not be less than twenty (20) feet from side
property line, except on platted lots that were of record at
the time of adoption of this ordinance.
c. Rear Yard: There shall be a rear yard having a depth of not
less than twenty-five (25) feet.
2. Size of Lot
a. Lot Area: No building shall be constructed on any lot of
less than seven thousand (7,000) square feet.
Lot Width: The width of the lot shall be determined by the
construction width of individual dwelling units or continuous
rows or groups of dwelling units considering side yards as
35
12:5
required above, but in no case shall ~a lOt'width be less than
fifty (50) feet.
c. Lot Depth: The average depth of the lot shall not be less
than one hundred (lO0) feet.
Where a lot having less area, width, and/or depth than herein
required existed in separate ownership upon the effective date
of this Ordinance, the above regulations shall not prohibit
the erection of a dwelling thereon.
3. Lot Coverage
In no case shall more than forty (40) percent of the total lot area
be covered by the combined area of the main buildings and accessory
buildings.
PARKING REGULATIONS
Off-street parking spaces shall be provided in accordance with the
requirements for uses set forth in Section 27.
36
SECTION 1 3
"MF-I" MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS
13:l.
13:2,
13:3.
13:4.
PURPOSE
The purpose of this district i-s to promote medium density, multiple
occupancy development. The regulations are designed to promote family
oriented development which provides the occupants with the proper en-
vironmental quality, and compatibility with lower density development.
The purpose of this district is not to isolate multi-family units, but
to encourage compatible residential land uses through'effective plan-
ning and urban design. When adjacent to "~R" or "TF" zoned property,
the proposed development in this district shall be so des.igned to
provide for maximum compatibility with adjacent development. Archi-
tectural design, landscaping, screening and parking areas shall be
properly provided to insure maximum protection of lower density uses.
USE REGULATIONS
A building br premise shall be used only for the following purposes:
1. Any use permitted in District "TF".
o
Attached dwelling units, provided that no more than four (4)
dwelling units are attached in one continuous row or group
and provided that no dwelling unit is conStructed~above another
dwelling unit.
HEIGHT REGULATIONS
No building shall exceed thirty-five (35) feet or two and one-half
(2½) stories in height.
AREA REGULATIONS
1. Size of Yard
a. .Front Yard: Same as District "TF"
b. Side Yard: Same as District "TF"
c. Rear Yard: Same as District "TF"
2. Size of Lot
ae
Lot Area: No building shall be constructed on any lot of a
total area equal to thirty-five hundred (3,500) feet multi-
plied by the total number of dwelling units in a continuous
row or group.
Lot Width: The w~dth of the lot shall be determined by the
construction width of the individual dwelling units or continuous
rows or groups of dwelling units considering side yards as
required above, but in no case shall a lot width be less than
37
13:5
twenty (20) feet per unit, plus side yard requirements.
c. Lot Depth: The average depth of the lot shall not be less
than one hundred (lO0) feet~
de
Where a lot having less area, width and/or depth than herein
required existed in separate ownership upon the effective date
of this ordinance, the above regulations shall not prohibit
the erection of a dwelling thereon.
Parking Regulations
Off-street parking spaces shall be provided in accordance with the
requirements for uses set forth in Section 27.
38
SECTION 14
"MF-2" MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS
14:1.
14:2.
14:3.
PURPOSE
The purpose of this diStrict is to promote medium density, multiple
occupancy development. The regulations are designed to promote family
oriented development which provides the occupants with the proper
environmental quality, and compatibili~l wi th lower density develop-
ment. The purpose of this district is not to isolate multi-family
units, but to encourage planning and urban design. When adjacent to
"SF" or "MF-I" zoned property, the proposed development in this district
shall be so designed to provide for maximum compatibility with adjacent
development. Architectural design, landscaping, screening and parking
areas 'shall be properly provided to insure maximum protection of lower
density uses.
USE REGULATIONS
A building or premise shall be used only for the followi.ng purposes:
1. Any use permitted in DistriCt "MF-I"
2. Mul ti-Family Dwel 1 i ngs
3. Day Nurseries
4. Dormitories for students
5. Fraternity or sorority houses
6. Institutions of a religious, educational, charitable or philan-
thropic nature, but not a penal institution.
7. Nursing or convalescent homes.
Accessory buildings and uses, customarily incident to the above
uses and located on the same lot therewith, not involving the
conduct of a retail business.
9. Such uses as may be permitted under the provisions of SectiOn 26
Specific Use Permits.
HEIGHT REGULATIONS
No building shall exceed forty-five (45) feet or three (3) stories in
height except that a building may be erected to a height of eighty (80)
feet and eight (8) stories if set back from all required yard lines a
distance of one (1) foot for each two (2) feet of additional height
above forty-five (45) feet.
39
14:4. AREA REGULATIONS
14:5.
1. Size of Yards
a. Front Yard: Same as District "TF"
Side Yard: There shall be a side yard on each side of the lot
having a width of not less than ten (10) feet. A side yard
adjacent to a side street shall not be less than fifteen (15)
feet.
c. Rear Yard: Same as District "TF".
2. Size of Lot
Lot Area: No building shall be constructed on any lot of less
than nine thousand (9,000) square feet. No lot shall contain
less than fifteen hundred (1,500) square feet per dwelling
unit, providing, however, that this regulation shall not apply
to hotels, apartment hotels, or motels where no cooking is
done in any individual room.
Lot Width: The width of the lot shall not be less than fifty
(50) feet at a point located twenty five (25) feet in depth from
the front street building line.
Co
Lot Depth: The average depth of the lot shall not be less than
one hundred (100) feet, except that a corner lot, having a
minimum width of not less than eighty (80) feet, may have an
average depth of less than one hundred (100) feet, provided
that the minimum depth is no less than eighty (80) feet.
do
Where a lot having less area, width and/or depth than herein
required existed in separate ownership upon the effective date
of this Ordinance, the above regulations shall not prohibit the
erection of a one-family dwelling thereon.
3. Uot Coverage
In.no case shall more than forty (40) percent of the total lot
area be covered by the combined area of the main buildings and
accessory buildings.
PARKING REGULATIONS
Off-Street parking spaces shall be provided in accordance with the
requirements for uses set forth in Section 27.
4O
SECTION 15
"TH" TOWNHOUSE RESIDENTIAL DISTRICT REGULATIONS
15:1.
15:2u
15:3.
15:4.
PURPOSE
The purpose, of this district is to promote high density single-family
developments and compatible land uses in harmony with lower density
uses. The regulations are designed to provide the occupants with
safe and convenient housing within an aesthetically pleasing environ-
ment in proper relationship to adjacent land uses. When proposed
development in this district is adjacent tO "'R" , "TF" or "MF-I"
zoned property, the proposed development shall be d6$igned to provide
for maximum compatibility with the adjacent development.
Architectural design, landscaping, screening and parking areas shall
be properly provided to insure maximum protection of'lower density
uses.
USE REGULATIONS
A building or premise shall be used only for the following purposes;
1. Any use permitted in District "TF"
e
Single family attached dwelling units, proVided that no less than
three (3) dwelling units, nor more than ten (lQ) dwelling units
are attached in one continuous row or group not to exceed two
hundred fifty (250) feet, and provided that no dwelling unit is
constructed above another dwelling unit.
3, Such uses as may be permitted-under the provisions of Section 26
Specific Use Permits.
HEIGHT REGULATIONS
No building shall exceed thirty-five (35) feet or two and one-half
(2½) stories in height.
AREA REGULATIONS
1. Size of Yards
Front Yard- There shall be a front yard having a required
depth of not less than twenty-five (25) feet. Furthermore,
required parking shall not be allowed within the required
front yard.
Side Yard: There shall be a side yard on each Side of a
continuous row or group of dwellings of not less than ten
(10) feet. A side yard adjacent to a side street shall not
be less than fifteen (15) feet. No side yard for allowable
non-residential uses shall be less than twenty-five (25)
feet.
41
15:5
c. Rear Yard: There shall be a rear yard having a depth of not
less than twenty (20) feet.
2. Size of Lot
Lot Area: No building shall be constructed on any tot less
than ten thousand (10,000) square feet. No lot shall contain
less than two thousand (2,000) square feet, or equivalent
thereof, per dwelling unit.
b. Lot Width: The width of a lot shall not be less than twenty-
two (22) feet at any point.
c. Lot Depth: The depth of a lot shall not be less than eighty
(80) feet at any point.
3. Lot Coverage
tn no case shall more than seventy (70) percent of the total lot
area be covered by the combined area of the main buildings and
accessory buildings.
4. Lots to be Platted
Such plat to cover all properties with common street frontage, on
one side of a street, between intersecting streets and/or alleys,
and designating individual lots.
PARKING REGULATIONS
Off-street parking spaces shall be provided in accordance with the
requirements for uses set forth in Section 27.
42
SECTION 16
"MH" MOBILE HOME PARK DISTRICT REGULATIONS
16:1.
16:2.
16:3.
16:4.
PURPOSE
To provide minimum standards for properly maintained mobile home parks.
THese standards should consider the effect of the park layout on resi-
dents of the park, as well as minimize the negative impacts of the
park on surrounding properties.
USE REGULATIONS
A building or premise shall be used only for the following purposes:
1. A mobile home park.
s
Such uses as are normally accessory to a mobile home park, includ-
ing office and/or maintenance buildings for management and main-
tenance of the mobile home park only, recreation buildings and
swimming pools, private clubs, laundry facilities and storage
facilities for use of the residents of the mobile home park and
open recreation areas.
3. Such uses as may be permitted under the provisions of Section 26,
Specific Use Permits.
4. Any use allowed Under "R" Zones.
LOCATION OF MDBILE HOMES AND MOBILE HOME PARKS
It shall be unlawful for any person to locate or maintain any mobile
home in any place in the City other than in a lawfully designated
and duly licensed mobile home park, except that mobile homes may be
kept in an acceptable mobile home sales location, as a temporary
office or other similar temporary use, and except that one small
so called "camper trailer" may be kept as an accessory use to a
dwelling unit. A mobile home kept under an exception shall not be
used for living or sleeping purposes.
Mobile Home Park Districts will be granted only as an amendment to
the Zoning Ordinance. The granting of each Mobile Home Park District
will be judged on the merits of each individual request for an
amendment.
The location of Mobile Home Parks shall be in general conformance
with the General Plan of the City, shall be located adjacent to a
thoroughfare or a commercial area which is adjacent to a thorough-
fare and should generally not be surrounded by single-family
residential areas.
MOBILE HOME PARK PLAN
Although it is understood that a Mobile Home Park may be held as
private property and would therefore not require the filing of a
43
16:5.
plat of record with the County Clerk, a plan of the Mobile Home Park
will be submitted with any request for an amendment for a mobile home
park in conformance with the following requirements:
1. Height Regulations: No building shall exceed forty-five (45)
'~' feet or three (3) stories in height.
2~ Other Requirements: In addition to the above requirements, all
of the Mobile Home Ordinance No. 70--1078 shall be adhered to.
PARKING REGULATIONS
Off-street parking spaces shall be provided in accordance with the
requirements of the~Mobile Home Ordinance.
44
17:1.
17:2.
SECTION 17
"CRS" RESIDENTIAL SERVICE DISTRICT REGULATIONS
PURPOSE
The purpose of this district is to provide convenience shopping within
a neighborhood. The items sold should be of day-to-day usage and made
for convenience of the neighborhood's residents. The structure and
type of business should be compatable with the surrounding residential
usage.
USE REGULATIONS
A building or premise shall be used only for the following purposes:
1. Any use permitted in "R-l" or "R-2" District.
2. Bakery, Candy, nut confectionery (retail sales only).
3. Barber and beauty shops (single operator).
4. Book, card, and stationery stores.
5. Florist (retail only).
6. Antique stores.
m
e
Other minor retail and personal services of similar nature and
character, provided that the business establishment supplies the
everyday needs of the immediate neighborhood and subject to the
following conditions:
a. That it be conducted wholly within an enclosed building.
be
That required yards not be used for display, sale, or storage
of merchandise, or for the storage of vehicles, equipment,
containers or waste material.
c. That all merchandise be first-hand and be sold at retail on
the premises.
d. That such use be not objectionable because of odor, excessive
light, smoke, dust, noise, vibration or similar nuisance.
Signs (advertising) used in connection with and on the same lot
as the business establishments to which they refer, except that
they shall not be placed within any required yard nor within
twenty-five (25) feet of any "SF" District. Free standing signs
are not to exceed fifty (50) square feet in area or twenty-five
(25) feet in height.
Accessory buildings and uses customarily incident to any of the
above uses, provided that such be not objectionable because of
odor, excessive light, smoke, dust, noise, vibration, or similar
nuisance.
45
17:3.
17:4.
17:5.
lQ, Such uses may be permitted under the provisions of Section 26
Specific Use Permits.
HEIGHT REGULATIONS
Same as District "MF-2".
AREA REGULATIONS
1. Size of Yards
Front Yard: There shall be a front yard having a minimum
depth of twenty'five (25) feet. No. parking, storage or
similar use shall be allowed in required front yards in
District "CRS" except that automobile parking will be
permitted in such yards if separated by at least one
hundred (100) feet from any "R" District.
Side Yard: A side yard of not less than fifteen (15) feet
in width Shall be provided on the s'ide of a lot adjoining
an "R~" District. Otherwise, no side yard is required. No
parking, storage or similar use shall be allowed in any re-
quired side yard or in any required side street yard adjoin-
i ng an "~R'" Di stri ct.
Rear Yard: No rear yard is required except that a rear yard
of not less than twenty-five (25) feet in depth shall be pro-
vided upon that portion of a lot abutting or across a rear
street from an "R" District.
PARKING AND LOADING REGULATIONS
Off-street parking and loading spaces shall be provided in accordance
with the requirements for uses set forth in Section '27.
46
SECTION 18
"CNS" NEIGHBORHOOD SERVICE DISTRICT REGULATIONS
18: 1.
18: 2.
PURPOSE
The purpose of this district is to provide local neighborhood resi-
dential areas generally within a ¼ mile to ½ mile radius with
limited convenience services and small retail type items. Such
districts should be adjacent to collector streets or'thoroughfares.
USE REGULATIONS
A building or premise shall be used only for the following purposes:
1. Any use permitted in District "CRS"
2. Antique, arts and crafts stores
3. Art gallery or museum, commercial or publics
4. Banks, savings and loan associations, trust companies or loan
offices°
e
6.
7.
8.
9.
10.
ll.
12.
13.
14.
15.
16.
Barber shops or beauty parlors (multiple operators)
Book stores or commercial lending libraries
Camer.a shops or photographic supply stores
Caterers, delicatessens
Clinics, medical and dental offices
Clothing, apparel and accessory stores, including formal wear
and costumes.
Dry cleaning package plants, pick-up stations or self-service
Drug stores or pharmacies
Food or grocery stores
Gasoline service stations, provided that the activities permitted
do not include major automobile repairs, storage, or dismantling
of old or wrecked motor vehicles, the sale of used automobile parts,
the sale of new or used vehicles, or the renting or leasing of
motor vehicles, trailers or equipment.
Locksmiths and key shops
Music stores, phonograph record retail sales
47
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
Newspaper distribution stations
Offices, providing personal and neighborhood services.
Optical goods, opticians, optometrist offices
Radio or television recording studios
Restaurants and others with indoor services and other food
-establishments.
Sewing machine retail sales
Shoe stores or repair shops
Sporting goods stores
Telephone answering services
Theaters (indoor)
Toy stores
Watch repair shops
Other retail stores and personal services of similar nature and
character, provided that the business establishment supplies the
everyday shopping needs of the imme~diate neighborhood and subject
to~.the following conditions:
a. That it be conducted wholly within an enclosed building
be
That required yards not be used for display, sale or storage
of merchandise, or for the storage of vehicles, equipment,
containers or waste material
c. That all merchandise be first-hand and be sold at retail on
the premises
d. That such use be not objectionable because of odor, excessive
light, smoke, dust, noise, vibration or similar nuisance
Signs (advertising) used in connection with and on the same lot as
the bu§iness establishments to which theY'-refer, except that they
shall not be placed within any required yard nor within twenty-
five (25) feet of any "R" District. Free standing signs are not
to exceed one hundred fifty (150) square feel or thirty-five (35)
feet in height.
Accessory buildings and uses customarily inci
above uses, provided that such be not objecti
odor, excessive light, smoke, dust, noise, vi
nuisances.
tent to any of the
)nable because of
)rations or similar
48
18: 3,,
18: 4.
18: 5.
32. Such uses as may be permitted under' the provisions of Section 26
Specific Use Permits.
HEIGHT REGULATIONS
Same as District "MF-2".
AREA REQUIREMENTS
1. Size of Yards
ae
Front Yard: There shall be a front yard having a minimum depth
of twenty-five (25) feet. No parking, storage or similar use
shall be allowed in required front yards in District "CNS",
except that automobile parking will be permitted in such yards
if separated by at least one-hundred ('100) feet from any "SF"
District.
be
Side Yard: A side yard of not 'less than fifteen (15) feet in
width shall be provided on the side of a lot adjoining an "R"
District; otherwise, no side yard is required. No parking,
storage or similar use shall be allowed in any required side
yard or in any required side street yard adjoining an ""R"
District.
Rear Yard: No rear yard is required except that a rear yard
of not less than twenty-five (25) feet in depth shall be pro-
vided upon that portion of a lot abutting or across a rear
street from an "R" District.
PARKING AND'LOADING REGULATIONS
Off-street parking and loading spaces shall be provided in accordance
with the requirements for uses set forth in Section.-]27.
49
19:1.
19:2.
SECTION 19
"CRD" RETAIL DISTRICT REGULATIONS
PURPOSE
The purpose of this district is to provide local retail and service
commerce61 uses which serve one or several neighborhoods. Such dis-
tricts may be located on existing thoroughfares or at the intersec-
tions of major thoroughfares.
USE'REGULATIONS
A building or premise shall be used only for the following purposes:
1. Any use permitted in District "CNS"
2. Antique store (with outside display)
3. Ambulance service
4. Automobile, motorcycle or mobil home display, sales, service,
storage and accessory sales
5. Barber and beauty shop equipment and specialties, sales
6. Blueprinting and similar reproduction services
7. Bookbinding
8. Bowling Alley
9. Business or commercial school
!0. Business machines, sales, service, rental, repair
11. Building materials sales (inside only)
12. Club or lodge (ho alcoholic beverages served)
13. Dance Hall (Commercial)
14. Department Store
15. Eating place providing auto service
16. Electrical retail sales
17. Floor covering sales, retail
18. Florist shop, greenhouse
19. Furniture, appliances and home furnishi.ng retail sales
5O
44~ o
20. Glass and cutting shop
2~. Golf driving range (bUsiness permitted outside of building)
22. Hardware store and small tool rental, but not including sales of
.lumber or industrial hardware
23. Hotels and mOtels
24. Ice vending establishment
2S. Institution, non-residential
26. Laundry, package plant, pickup station or self-service
27~. Lumber yard (inside s~orage only)
28. Mortuaries, funeral homes, or undertakers
29. Office buildings
30. Orthopedic shoe or appliance store and repair
31.. Paint and wallpaper store or decorators shop
32. Pawn shop
3~. Pet shops, retail
3.4. Photographic, photo processing
2~. Physical development and health studios
96. Plumbing fixture retail sales
37. Public utilities sub,office
38'~ Radio or television broadcasting station or studio
39~ Rehabilitation center
40. Rental, repair, or servicing of articles whose sale is permitted
in the same district, unless more specifically listed elsewhere
41. Retail stores
42.. Schools, commercial or trade, when not involving any danger of fire,
or explosion, or offensive noise, vibration, dust, odor, glare, heat,
or other objectionable influences
43. Sign advertising or billboard (which directs attention to a business,
commodity, service or entertainment conducted, sold or offered else-
where than upon the same lot)
Sign shop.
51
19': 3.
19:4.
Skating rink, commercial
4.6 .
Storage of goods or merchandise, used in, produced by, or normally
carried in stock in conjunction with permitted uses in the appli-
cable district regulations
47. Studio for prOfessional work or for teaching any form of fine arts,
photography, music, drama, etc.
48. Swimming pool, commercial
49. Tailor shop, seamstress, altering and repairing of wearing apparel
50. Taxidermist
Trailer sales or rental (for use with private passenger automobiles)
52. Travel bureau
5~3~ Veterinarian offices (indoor soundproof kennels only)
54. Uses similar to the above mentioned permitted uses, provided acti-
vities conducted observe the requirements of all City ordinances
55.
.Accessory buildings and uses customarily incident to any of the
above uses, provided that such be not objectionable because of
odor, smoke, dust, noise, vibration or similar nuisance
56. Such uses as may be permitted under the provisions of Section 26
Specific Use Permits
HEIGHT REGULATIONS
No building shall exceed in height the width of the street on which it
faces, plus the depth of the front yard. On a lot adjoining an "SF"
District, no building shall exceed forty-five (45) feet in height,
except that this height may be increased up to the maximum of ten (10)
stories or one hundred fifty (150) feet at the rate of one (1) foot
of additional setback from the required yard lines.
AREA REGULATIONS
1. Size of Yard
ao
Front Yard: Where all the frontage on both sides of the street
between two intersecting streets' is located in District "CRD",
no front yard is required. Where the frontage on one side of
the street between two intersecting streets is located partly
in District "CRD" and partly in an "R" District, the.fr~ont
yard shall_~conform 'to. the "R.!" District..regulations for_ a
distance of'not less than three hundred (300) feet from the
district boundary. Where a front yard is required along the
frontage on one side of a street, the front yard requirements
of the property directly opposite on the other side of the
52
19: 5.
street shall be not less than fifteen (15) feet, except that
such yard requirements shall not apply where the property in
the "R" District backs up to the street. No parking, storage
or similar use shall be allowed in required front yards in
District "CRD".
Side Yard: No side yard is required except that a side yard
of no~ less than ten (10) feet in width or a side street yard
of not less than fifteen (15) feet in width shall be provided
on the side on the lot adjoining or across a side street from
an.'" R" District. No parking, .'~torage or similar use shall
be allowed in required side yards or side street yards in
District "CRD".
Ce
Rear Yard: No rear yard is required except that a rear yard
of not less than twenty-five (25) feet in depth shall be pro-
vided upon that portion of a lot abutting or across a rear
street from an "'R" District.
PARKING AND LOADING REGULATIONS
Off-street parking and loading spaces shall be provided in accordance
with the requirements for uses set forth in SectiOn~27.
53
SECTION 20
"CB" CENTRAL BUSINESS DISTRICT REGULATIONS
20:1.
20:2.
20:3.
USE REGULATIONS
In the "CB", Central Business District~, no land shall be used and no
buildings shall be used, erected or converted to any use other than
the permitted uses as hereinafter provided.
This district permits all types of general commercial enterprises.
PERMITTED BUILDINGS AND USES
The following buildings and uses are permitted in "CB" Central Business
District:
a. Any use permitted in the "CRD" Retail Business District, without
limitation upon number of persons employed.
b. Wholesale business, storage buildings and warehouses and yards.
c. Billiard parlors and pool halls.
d. Any other building, use or service similar to the uses herein
listed in the type of services or goods sold.
ee
Any accessory use customarily incident to the use authorized by
this section, except that no use specified as a use permitted in
an M-1 or M-2 District shall be permitted and is prohibited and
shall not be considered as an accessory use to any of the uses
permitted hereby in a "CB" Central Business District.
Any other trade, industry, or use that will be no more injurious,
hazardous or noxious than those listed as being permitted in
District "CB", provided that approval is first obtained from the
Board of Adjustment, and provided further that said Board of Ad-
justment finds that such proposed trade, industry or use will not
be any more injurious, hazardous, or noxious than those listed as
being permitted in District "CB", and provided further that the
Board of Adjustment finds that the proposed use will not be con-
trary to the public interest and that the spirit of the Ordinance
will nevertheless be observed and substantial justice done, and
provided further that the building or land is to be used for a
use or service similar to the uses herein listed in the type of
services or goods sold, and provided further that it is not a
use as is specifically enumerated in "M-I" or "M-2" Districts.
HEIGHT REGULATIONS
Same as "CRD" District.
54
21:l.
21:2.
SECTION 21
"CGB" COMMERCIAL GENERAL BUSINESS DISTRICT REGULATIONS
PURPOSE
The purpose of this district is to provide for heavy retail and whole-
sale commercial uses which serve a city-wide or regional area. Such
districts should have frontage on regional thoroughfares such as State
or Federal highways or ~hould be. located in the central business dist-
rict. Because of the heavy commercial nature of the permitted uses,
compatibility with adjacent residential areas should be carefully
considered.
USE REGULATIONS
A building or premise shall be used only for the following purposes:
I. Any use permitted in District "CRD"
2. Animal hospital, pound or shelter
3. AuditOrium, arena, coliseum
4. Automobile, glass, muffler, seat cover, tire and upholstery service,
sales, installation and repair, but not including tire recapping
5. Automobile repair, body work, painting
Bait store
7. Bakery, wholesale
8. Baseball park, commercial
9. Boat sales, rental, storage and repair
10. Bus station
ll. Cabinet or carpentry shop
12. Carting, crating, express hauling and storage
13. Cold storage plant
14. Construction, equipment sales, service, rental and repair
15. Contractors or construction offices, shops and yards
16. Exterminator
56
17,. Farm equipment sales, service, repairs, feed store
18. Food locker plant for consumer use
t9. Freight depot or terminal, railroad and/or truck
20. Golf course, commercially operated driving ranges, pitch and putt
courses, miniature golf and other commercial amusement
21~. Hardware industrial sales
22. Laboratory-research, testing, medical or dental
23. Linen or uniform supply or di~.aper service
241. Lumber yard
25. Machine tools, sales, service, rental and repair
2'6'. Manufacturing of baked goods, candy, delicatessen foods and
i ce cream
27~. Mirror silvering
25~. Monument sales and incidental processing
.2.9 i~~ Nurseries
30. Oil well supplies and machinery sales
31. Pipe storage
32. Printing or publishing including engraving or photoengraving
33.. Public utility sub-station
34. Second-hand store or rummage shop
~35. Theater, drive-in
36. Transit vehicle, bus and truck storage, servicing, repairs and
sales~
37. Warehousing establishment other than accessory to permitted retail
use
38. Water distillation
39.. Wholesale establishment, including storage
40. Uses similar to the above mentioned permitted uses, providing
activities conducted observe the requirements of all city ordinances
57
21: 3.
21: 4.
21:5.
41. Such uses as may be permitted under the provisions of Section 26
Specific Use Permits,
HEIGHT REGULATIONS
Same as District "CRD"
AREA REGULATIONS
1. Size of Yards
There shall be no minimum yard requirements
2. Size of Lots
a. No building shall be constructed on a lot of less than three
thousand (3,000) square feet.
b. Lot width: The width of a lot shall not be less than twenty-
five (25) feet at the front street building line.
PARKING AND LOADING REGULATIONS
Off-street parking and loading space shall be provided in accordance
with the requirements for uses set forth in SectiOn'27
58
SECTION 22
"M-l" EIGHT INDUSTRIAL DISTRICT REGULATIONS
22:1.
22:2.
PURPOSE
To provide for "light" industrial uses and those commercial uses
requiring outside storage and display. The regulations are designed
to provide for a mixture of heavy commercial and light industrial or
manufacturing uses with proper standards to encourage attractive
working areas for citizens.
USE REGULATIONS
The following uses are permitted in the "M-l" District provided that
such manufacturing or industrial operation shall not disseminate
dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric
influence beyond the boundaries of the property on which such use
is located at the boundary of the property the average intensity of
noise of street traffic at that point, and provided that such use
does not create fire hazards on surrounding property.
Any use permitted in the "CRS", "CNS", "CRD", or "CGB" Districts,
excluding structures to be used as dwelling units except where
the dwelling structure is provided as an integral part of a planned
industrial development, provided further that. in such case, all
requirements of the "TF" District shall apply to the dwelling
units.
2. Advertising Displays Manufacture
3. Apparel and other products assembled from finished textiles
4. Automobiles, motorcycles, trucks or trailers, including parts,
or rebuilding of engines
8.
9.
10.
ll.
12.
1 3.
Baseball park, commercial
Batching or mixing plant, Portland cement, concrete, mortar or
plaster, commercial.
Boats, building or repair
Books, binding, other than hand binding
Bottling works, for all beverages
Brooms or brushes
Cameras or ether photographic equipment and film
Carpets manufacture and cleaning
Ceramics, stone, glass, marble, and porcelain products
59
14. Coal, coke, or wood yard
15. Cosmetic manufacturer
16. Drugs and pharmaceutical products manufacturing
17. Electrical appliances, equipment assembly, supplies, or similar
products, including electrical machinery
18. Electrical power generating station
19. Electronic products manufacturing
20. Food products, processing
21. Fur good manufacture, but not including tanning or dyeing
22. Furniture and .upholstery
23. Glass products, from previously manufactured glass
24. Heavy ~quipment, storage, repair and sales, earth moving
25. Household appliance products assembly and manufacture from pre-
fabricated parts.
26. Ice, dry or natural
27. Industrial and manufacturing plants, including the processing or
assembling of parts for production of finished equipment where
the process of manufacturing or treatment of materials is such
that only a nominal amount of dust, odor, gas, smoke or noise
is emitted and not more than ten (10) percent of the lot or tract
is used for the open storage of products, materials, or equipment.
28. Junk, iron, or rag storage or baling
29. Jute, hemp, sisal or oakum products
30. Laundry plant
31. Machines, business, including typewriter, accounting machines,
calculators, card-counting equipment or similar products
32. Machinery, miscellaneous, including repairs
33. Machine tools, including metal lathes, metal presses, metal stamping
machines, woodworking machines, or similar products
34. Matresses, including rebuilding or renovating
35. Musical instruments, including pianos or organs
36. Orthopedic or medical appliances, including artificial limbs,
braces, supports, stretchers or similar products
6O
37.
38.
3(.t.
40.
41.
42.
43.
46.
47.
48.
49.
50.
Paper products, including envelopes, stationery, bags, boxes,
shipping containers, bulk goods, tubes, wallpaper printing, or
simi 1 ar products
Pharmaceutical .products
Plastic products manufacture, but not including the processing of
raw materials
School, commercial or trade, when involving danger of fire or explo-
sion, or offensive noise, vibration, dust, odor, glare, heat or other
objectionable influences
Sporting and athletic equipment manufacture
Testing and research laboratories
Textiles, spinning, weaving, manufacturing, dyeing, bleaching,
printing, knit goods, yarn, thread or cordage
Tires, recapping or vulcanizing shop
Tools or hardware, including bolts, nuts, screws, doorknobs, drills,
hand tools or cutlery, hinges, house hardware, locks, non-ferrous
metal castings, plumbing appliances, or similar products~
Toys and novelty products
Vehicles; children's- including bicycles, scooters, wagons, baby
carriages or similar vehicles
Venetian blinds, window shades, or awnings
Wrecking yards and junk yards, but only on the condition that the
premises upon which Buch activities are conducted, are wholly enclosed
Within a building or by a fence not less than eight (8) feet in height
and in which the openings or cracks are less than fi~fteen (15) percent
of the total area.
Any other trade, industry or use that wi.Il be no more injurious,
hazardous, or noxious than those listed as being permitted in District
"M-I", provided that approval is first obtained from the Board of
Adjustment, and provided further that said Board-finds that such pro-
posed trade, i'ndus{ry or use will not be any more injurious, hazard-
ous or noxious than those listed as being permitted in District "M-l",
and provided further that the Board finds that the proposed use will
not be contrary to the public interest and that. the spirit of the
ordinance will nevertheless be observed and substantial justice done,
and provided further that the building or land is to be used for a
use or service similar to the uses herein listed in the type of
services or goods sold, and proVided further that it is not a use
as is specifically enumerated in District "M-2".
61
23:1.
23: 2.
SECTION 23
"M-2"HEAVY INDUSTRIAL DISTRICT REGULATIONS
PURPOSE
The purpose of this district is to provide for those uses defined
as heavy industrial and/or manufacturing use which will or may pro-
duce off-site noise, odor, or dust. The regulations are designed
to provide standards for proper on-site development and to protect
the environmental-quality of adjacent areas and'the City in general.
USE REGULATIONS
Any building or premises may be used for any purpose including the
below enumerated uses unless otherwise prohibited by other ordinances
or laws; reconstructed, or structurally altered for residential pur-
poses, except where the dwelling structure is provided as an integral
part of a planned industrial development, provided that all dwellings
or dwelling units meet the requirements of the "M-I".
1. Acetylene gas manufacture or storage
2. Acid manufacture
3. Alcohol manufacture
4. Ammonia, bleaching powder or chlorine manufacture
5. Arsenal
6. Asphalt manufacture or refining
7. Blast furnace
8. Bag cleaning -
9. Boiler works
10. Brick, tile, pottery or terra cotta manufacture other than
the manufacture of handcraft or concrete products
11. Candle manufacture
12. Celluloid manufacture or treatment
13. Cement, lime, gypsum or plaster of paris manufacture
14. Central mixing plant for cement, mortar, plaster or paving materials
115. Coke ovens
63
16. Cotton gins
17. Cotton seed oil manufacture
18. Creosote manufacture or treatment
19. Disinfectants manufacture
20. Distillation of bones, coal or wood
2.1. DyestUff manufacture
22. Exterminator and insect poison manufacture
23. Emery cloth and sandpaper manufacture
24. Explosives or fireworks manufacture or storage
25. Fat rendering
26. Fertilizer manufacture
27. Fish smoking and curing
28. Forge plant
29. Garbage, offal or dead animal reduction or dumping
30. Gas manufacture or dead animals reduction or dumping
31.. Glue, size or gelatin manufacture
32. Hatchery
33. Iron, steel, brass or copper foundry or fabrication plant
34. Match manufacture
35. Lampblack manufacture
36. Oilcloth or linoleum manufacture
37. Oiled rubber goods manufacture
38. Ore reduction
39. Paint, oil, shellac, turpentine or varnish manufacture
40. Paper and pulp manufacture
41. Petroleum or its products, refining or wholesale storage of
64
42. Pickle manufacturing
43. Planning mills
4.4. Potash works
45. Pyroxline manufacture
46. Rock crusher
47. Rolling mill
48. Rubber or gutta-percha manufacture or treatment, but not the
making of articles out of rubber.
49. Sauerkraut manufacture
50. Salt works
51. Shoe pplish~manufac~u~e
52. Smelting of tin, copper, zinc or iron ores
53. Soap manufacture other than liquid soap
54. Soda and compound manufacture
55. Stock yard or slaughter of animals or fowls
56. Stone mill or quarry
57. Stove polish manufacture
58, Tallow, grease or lard manufacture or refining from, or of,
animal fat
59. Tanning, curing or stonage of raw hides or skins
60. Tar distillation or manufacture
61. Tar roofing or water proofing manufacture
62. Tobacco (chewing) manufacture or treatment
63. Tire recapping
64. Vinegar manufacture
65. Wool pulling or scouring
65
23: 3.
23: 4~
23:5.
66. Yeast plant
67. Fiberglass manufacture
HEIGHT REGULATIONS
Same as District "M-l".
AREA REGULATIONS
1. Size of Yards
ae
Front Yard: w}~ere~mone~Of the frontage on either side of the
street between two intersecting streets is located in a resi-
dential or commercial district, no front yard is required.
Where the frontage on one side of the street between two in-
tersecting streets is located partly in District "M~I" and
partly in an "~R" District, the front yard shall conform to
the ".R" District regulations for a distance of not.less than
three hundred (300) feet from the district boundary. Where
the frontage on one side of a street is in a residential or
commercial district, the front yard requirements of the pro-
perty directly opposite on the other side of the street shall
be not less than fifty (50)feet. No parking, storage, or
similar use shall be allowed in required front yards in
District "M-l"within twenty-five (25) feet of the street line.
bm
Side Yard: No side yard is required, except that a.side yard
or a side street yard of not less than fifty (50) feet in
width shall be provided on the side of the lot adjoining or
across the street from a residential or commercial district.
No parking, storage or similar use shall be allowed in re-
quired side yards or side street yards in District 'M-I"
within twenty-five (25) feet of the street line.
Ce
Rear Yard: No rear yard is required except that a rear yard
of not less than fifty (50) feet in depth shall be provided
upon that portion of a lot abutting or across a rear street
from a residential or commercial district. No parking, stor-
age or similar use shall' be allowed in required rear yards
in District "M-l"within twenty-five (25) feet of the property
line.
2. Size of lot
No minimum lot area required in the "M'l" District.
3. Lot Coverage
No minimum coverage is required in the "M-l" District.
PARKING AND LOADING REGULATIONS
Off-street parking and loading spaces shall be provided in accordance
with the requirements for use set forth in Section'27~
66
SECTION 24
'~PD" PLANNED DEVELOPMENT DISTRICT REGULATIONS
24: 2.
24: 3.
24: 4.
24: 5.
24: 6.
PURPOSE
It is the intended purpose of this zoning district to provide for the
unified and coordinated development of parcels or tracts of primarily
vacant land. Certain freedom of choice as to intended land uses shall
be permitted, provided that the special requirements which may apply
are complied With and that the intended uses are not in conflict with
the general purpose and intent of either' this Ordinance or the Master
Plan for the City.
USE REGULATIONS
A building or premise in this zoning district may be used for any use
allowed in any district contained in this Ordinance, except those uses
specifically prohibited by this Ordinance,_provided that it can be
shown that any and all uses shall be in general conformance with the
purpose and intent of the Master Plan of the City.
HEIGHT, LOT, AND'YARD'REQUIREMENTS
The height, lot, and yard requirements shall conform to those require-
ments of the appropriate Sub-sections of this Ordinance for the appro-
priate intended use, except that modifications in these regulations
may be granted if it shall be found that such modifications are in the
public interest, are in harmony with the purposes of this Ordinance and
will not adversely affect nearby properties.
AREA REQUIREMENTS
For the purpose of this Ordinance, the entire tract to be zoned "PD"
may be considered as one building lot, or separate areas intended for
separate land uses may be considered as separate building lots. Area
requirements shall conform to those ~e~ulations for the appropriate
intended use, except that for each seVenty-five (75) dwelling units,
one (1) acre of land shall be designated and appropriately developed
as open or recreation space. Such open space shall be computed as the
ratio of the actual number of dwelling units bears to this requirement.
PARKING REGULATIONS
Off-street parking spaces shall be provided in accordance with the
requirements for specific uses set forth in Section'27.
SPECIAL CONDITIONS
The following special conditions shall ~ppty to uses located in this
zoning district.
1. A minimum land area of ten (10) acres shall be required before
application for a Planned Development will be approved
67
e
All requirements of the Subdivision Regulations of the City per-
taining to procedure, plan, and design criteria among others-.shall
be complied with, except for height, lot, yard, and area require-
ments as designated in Sub-Sections 29.'3'&'29~4 of this Ordinance.
Be
e
In addition to the site plan,-the owner shall provide such sketches,
diagrams, and calculations necessary to determine whether the pro-
posed development conforms with the ~orovisions of the district and
to determine the effect of the proposed development on population
densities, streets, utilities, schools, recreation and other community
facilities in the area. Such site plans, sketches, diagrams and
calculations shall become a part of the amendment for the "PD"
District and shall forum the basis for issuance of a building permit
on conformity therewith.
Property to be developed for non-residential purposes, other than
public and semi-public uses, shall be located upon a thoroughfare,
except if it abuts property which is zoned for commercial 'or indus-
trial purposes and which has major street frontage. A plan for
development of the property, showing adequate access to and from
the major street frontage, or contiguous to an area to be developed
to commercial activities.
Property to be develOped for multiple-family residential and mobile
home park purposes shall be located upon a major thoroughfare, or
contiguous to an area zoned for commercial purposes and having
major street frontage, or contiguous to an area to be developed
to commercial activities.
Commercial or industrial area separated by an area of different
type use shall not be closer than three hundred (300) feet when
on the same side of the major street they front. This shall not
preclude the development of two (2) areas, under single ownership
and both within a "PD" DiStrict, separated bY a street, alley or
easement.
An area proposed for commercial or industrial use shall not extend
into the interior of a "Plan" a distance greater than the major
street frontage to be devoted to such Commercial or industrial
use. Prior to the issuance of a certificate of occupancy, a
screening device, as defined in Sub-Section' 3 of this Ordinance
shall be built along that boundary of the area proposed for commer-
cial or industrial use which abuts property developed, zoned, or
designated for any type of residential use and which is under a
different ownership; however, where land proposed on a "Plan"
for' commercial or industrial use extends more than three hundred
(300) feet back from themajor street, measured at right angles
to the right-of-way line, and abuts property develQped or zoned
for any type of residential use under different ownership or if
such land abuts other land in a "PD" District under different
ownership, then the proposed commercial use so located may be
approved only under the following conditions:
68
10.
That an area of at least one hundred fifty (150) feet in
width be provided in which no structure, other than the
screening device required above and necessary light devices,
shall be permitted. This area shall be measured between the
boundary of the abutting properS! described in the preceding
paragraph and any intended structure and shall extend the
entire depth of the commercial or industrial use area which
is in excess of the three hundred (300) feet of depth allowed
in the preceding paragraph. A paved parking area may be pro-
vided within this one hundred fifty (150)'~ feet area; however
lighting standards or fixtures shall be regulated as prescribed
in Sub-Section 24.6-8.-
Lighting devices in conjunction with commercial uses or parking
lots shall not be operated so as to produce direct or reflected
light or glare across abutting property lines.
Loud speakers and similar devices in conjunction with commercial
uses or parking lots shall not be operated so as to direct sound
across abutting property lines.
No portion of any multiple-family dwelling structure or permitted
accessory use structure shall be further than three hundred (300)
feet from an accessible dedicated and accepted public street.
69
SECTION 25
"D'H" DESIG[t~tISTORIC DISTRICT REGULATIONS
25: 1.
25: 2.
'25: 3.
25:4.
25:5.
PURPOSE
The purpose of this district is to provide for protection and enhan-
cement of designated areas which have historical, architectural or
cultural merit; to promote civic pride in a community which is attrac-
tive, as well as prosperous; to provide long-lasting beauty and stable
real property values within the City of Plainview; to insure the
highest quality of design and long-tasting values of structures and
buildings; and to 'encourage attractive, coordinated design of build-
ings and structure within or adjacent to areas of major public interest.
GENERAL PROVISIONS
The Design-Historic District shall be an overlay district and shall
be designated as a suffix, "D-H", to existing designations in the
Zoning Ordinance. Historic preservation, design standards, and build-
ing permit review shall be added by "D-H" District designation. If
any specific standard created in the "D-H" District is in conflict
with the existing zone, "D-H" will overrule.
PERMITTED USES
Permitted uses shall be determined by the existing zone district at
such time as the "D-H" designations is affixed, or as limited by the
Ordinance specifically creating a "D-H" District.
DESIGNATION
The City Council may designate, upon recommendation by the Planning
Board and Zoning Commission, certain lots, portions of lots, blocks
or areas as Design-Historic District, and define, amend and delineate
the boundaries thereof. The suffix "D-H" shall indicate the zoning
overlay designation of those lots, blocks and areas which the City
Council has designated Design-Historic Districts. Such designation
shall be in addition to any other zoning district designation estab-
lished in the Zoning Ordinance. All Zoning District Maps shall re-
flect the designation of a Design-Historic District by the letters
"D-H" as a suffix to other use designation. Such districts shall
also specifically designate historic landmarks recognized by the Hale
County Historical Commission.
DELINEATION POLICY
In making sUch designation, the City Council and Planning Board and
Zoning Commission shall consider, but not be limited to, one or more
of the fol 1 owing:
a®
Character, interest, or value as part of the development, heritage
or cultural characteristics of the City of Plainview, West Texas
Region, State of Texas, or the United States.
7O
25:6.
b. Location as the site of a significant historic event.
Ce
Identification with a person or persons who significantly con-
tributed to the culture and development of the City, Region,
State, or the United States.
d. Exemplification of the cultural, economic, social, ethnic or
historical heritage of the City, Region, State or the United States.
e. Portrayal of the environment of a glroup of people in an ara of
history characterized by a distinctive architectural style.
Embodiment of distinguishing characteristics of an architectural
type or specimen.
g. Identification as the work of an architect or master builder whose
individual work has influenced the development of the City.
he
Embodiment of elements of architectural design, detail, materials
or craftsmanship which represent a significant architectural
innovation.
Relationship to other distinctive buildings (lots), sites, or
areas which are elSgible for preservation according to a plan
based on architectural, historic, or cultural motif.
Unique location of singular physical characteristics representi.ng
an established and familiar visual feature of a neighborhood,
community area, city or region.
k. Archaelogical value in that it has produced or can be expected to
produce date affecting theories of historic or prehistoric interest.
1. Value as an aspect of community sentiment or public pride.
SPECIFIC REQUIREMENTS
Any ordinance creating a "D-H" District will carry the development
standards of the district"in ~hich it is loCated unless amended by
the City Council for the following:
Be
C.
d.
eo
f.
Yard Requirements
Lot Width
Lot Area
Lot Coverage
Floor-Area Ratio
Height Limit
71
25: 7.
g. Separation
h. Off-Street Parking
i. Landscaping Requirements
j. Building Material and Style
k. Signs
EXTERIOR ALTERATIONS AND CHANGES~-CERTIFICATE OF APPROPRIATENESS,
ORDINARY REPAIR~OR'MAINTENANCE,..'APPE~A--L
No person or entity shalq construct, reconstruct, alter, change, .restore,
remove or demolish any exterior architectural feature of a building
within a designated Design-Historic District, unless application be
made to the Planning Board and Zoning Commission for a Certificate of
Appropriateness and such a certificate be granted. As used in this
article, the term "Exterior Architectural Feature" shall include, but
not be limited to, architectural style and general arrangement of such
portion of the exterior of a structure as is designated to be open to
view from a public way.
a. Procedure when building permit is required:
When. applying for a building permit for the exterior of a
building within a Design-Historic District, the applicant
shall submit two copies of all detailed plans, elevations,
perspectives, specifications and other documents pertaining
to the work to the Building Inspector who shall forward such
application to the Design-Historic Committee of the Planning
Board and Zoning Commission through the Director of Planning
within five (5) days of receipt thereof. The Design-Historic
Committee shall make their recommendations to the Plannihg
Board and Zoning Commission at. their next regular meeting.~
Any app~iCant~may appear at a regular or special meeting of
the Planning Board and Zoning Commission or the Design-Historic
Committee before submitting an application and may consult
with said Commission during the review of the permit application.
e
The Planning Board and Zoning Commission shall hold a hearing
on the application at the next. regular meeting. Upon review
of the application, if the Planning Board and Zoning Commis-
sion finds the proposed work of a nature which will not ad-
versely affect any significant architectural or historical
feature of the designated "D-H" D~istrict and is appropriate
and consistent with the spirit and purposes of this article,
it shall forward its recommendations to the applicant and to
the building official within five (5) days after the public
hearing.
72
e
If the Commission finds that the proposed work will adversely
affect or destroy any significant architectural or historical
feature of the designated historic site or' is inappropriate
or inconsistent with the spirit and purposes of this article,
it shall notify the building official that the application
has been disapproved and shall, within five (5) days of the
public hearing, notify the applicant of the disapproval and
of changes in the application which are necessary to approval
of same.
If no action has been taken by the Planning Board and Zoning
Commission within thirty (30) days of original receipt by the
Planning Board and Zoning Commission, approval shall be deemed
issued by the Planning Board and Zoning Commission, and the
building official shall so advise the applicant.
Be
No change shall be made in the application for any building
permit after issuance of a certifi.cate of appropriateness
without resubmittal to the Planning Board and Zoning Commis-
sion and approval thereof in the same manner as provided above.
e
After a decision is reached by the Planning Board and Zoning
Commission denying an application for a certificate of appro-
priateness, a resubmittal of application will not be accepted
for additional hearin§ within twelve (1~2)months from the
date of final decision, except upon written request by the
applicant indicating that %here has~been a change in conditions
or that all changes in the appliCation as recommended by the
Planning Board and Zoning Commission have been made.
b. Procedure when Building Permit is not required:
Those proposed exterior changes and alterations not requiring
a building permit shall be submitted in writing directly
to the Director of Planning for a certificate of appropriateness
which must be granted before such work can be undertaken.
m
e
The Planning Board and Zoning Commission shall hold a hearing
at the next regular Planning Board and Zoning Commission meet-
ing on the application. Upon review of the application, if
the Planning Board and Zoning Commission finds the proposed
work of a nature which will not adversely affect any signif-
icant architectural or historical feature of a designated
historic landmark and is appropriate and consistent with the
spirit and purposes of this article, it shall forward its
recommendation to the applican~ and Building Inspector within
five (5) days after the public hearing.
If the Commission finds that the proposed work will adversely
affect or destroy any significant architectural or histori~cal
feature of the Designated-Historic site or is inappropriate
or inconsistent with the spirit and purposes of this article,
it shall notify the applicant within five (5) days of receipt
of said application that the application has been disapproved
and shall include in such notification the changes necessary
to approval of the application.
73
25:8.
If no action has been taken by the Planning Board and Zoning
Commission within thirty (30) days of the receipt of the
application, approval shall be deemed issued by the Planning
Board and Zoning Commission.
e
No change shall be made in the application for issuance of a
certificate of appropriateness without resUbmittal to the
Planning Board and Zoning Commission and approval thereof in
the same manner as provided above.
After a deCision is reached by the Planning Board and Zoning
Commission denying an application for certificate of appro-
priateness, a ~resubmittal of application will not be accepted
for additional hearing within a twelve (12) month period from
the date of final decision except upon written request by the
applicant,~indicating that there has been a change in condi-
tion or that all changes in the application as recommended
by the Planning Board and Zoning Commission have been made.
c. Ordinary repair or maintenance
Ordinary repair or maintenance which does not involve changes in
architectural and historical value, style or general design is
exempt from the provisions of this section.
d. Appeal
Any applicant or interested person aggrieved by a ruling of the
Planning Board and Zoning Commission under the provisions of this
section may, within thirty (30) days after the ruling, appeal to
the City Council.
HISTORIC LANDMARKS~D£MOLITION OR REMOVAL
ae
If an application is received for demolition or removal of a
designated historic building or landmark, the building official
shall immediately forward the application to the Planning Board
and Zoning Commission. The Planning Board and Zoning Commission
shall hold a public hearing on the application within thirty (30)
days after the application is initially filed with the building
official. The applicant shall be given ten (10) days written
notice of the hearing. The Planning Board and Zoning Commission
shall consider the state of repair of the building; the reason-
ableness of the cost of restoration or repair, the existing and/or
potential usefulness, including economic usefulness of the build-
ing; the purposes behind preserving the structure as a historic
landmark; the character of the neighborhood, and all other factors
it finds appropriate. If the Planning Board and Zoning Commission
determines that, in the interest of preserving historical values,
the structure should not be demolished or removed, it shall notify
the building official that the application has been disapproved;
and the building official shall so advise the applicant.
74
25:9.
be
If no action has been taken by the.Planning Board and Zoning Com-
mission within sixty (60) days of original receipt by the Planning
Board and Zoning Commission of the application, a certificate of
demolition or a certificate to permit removal shall be deemed
iSsued by the Planning Board and Zoning Commission; and the build-
ing official shall so advise the applicant.
Ce
After a decision is reached by the Planning Board and Zoning Com-
mission denying an application for a certificate of demolition or
a certificate of removal, a resubmittal of apPlication for such a
certificate will not be accepted for additional hearing Within a
twelve (12) month period from the date of final decis'ion.
de
Any applicant aggrieved by a ruling of the Planning Board and
Zoning Commission under the provisions of this section may, within
sixty (60) days after the ruling of the Planning Board and Zoning
Commission, appeal to the ~C~ity' Council. Folqow]i~ng an appropriate
public hearing within at least thir,ty (20)~days of. the filing of
a notice of appeal with the City Clerk, the City Council may up-
hold or overturn the ruling of the Planning Board and Zoning Com-
mission by a simple majority vote.
HISTORIC LANDMARKS~OMISSION'OF NECESSARY'REPAIRS
a. The exterior of a designated historic landmark shal~l be maintained
to insure the .structural soundness of such landmark.
be
If the Building Inspector and/or the Planning Board and Zoning
Commission finds that there are reasonable grounds to believe
that a Designated-Historic landmark is structurally unsound or
in imminent danger of becoming structurally unsound, the Building
Inspector shall notify in writing the owner of record of the
Designated. Historic landmark of such fact.
Cm
Upon the giving of ten (10) days written notice to the owner of
record of such Designated Historic landmark, the Building Code
Board of Appeals shall hold a public hearing to determine if the
Designated Historical building is structurally unsound or in
imminent danger of becoming structurally unsound. The Building
Code Board of ~ppeals shall request a report and consider recom-
mendations from the Building Inspector and Planning Board and
Zoning Commission. The Planning Board and Zoning Commission's
report may include evidence of economic hardship or willful
neglect.
de
At the conclusion of the hearing, if the Building Code Board of
Appeals finds that the Designated Historic building is structurally
unsound or in imminent danger of becoming structurally unsound and
that no valid reason exists as to why the owner cannot or should
not undertake to safeguard the structural soundness of the build-
ing, it shall, in writing, notify the record owner of the finding.
75
fo
go
The owner of record of a Designated Histori~c landmark who has been
notified by the Building Code Board of Appeals that such landmark
is structurally unsound or in danger of becoming so, shall, within
ninety (90) days of receipt of such notice, satisfy the Building
Code Board of Appeals that reasonable necessary repairs to safe-
guard the structural soundness of the landmark have been effected.
Ir the Building Code Board of Appeals determines that the building
is structurally unsound but there are valid reasons why the owner
cannot or should not undertake to safeguard the structural sound-
ness of the building, it shall forward to the City Council its
recommendation, with the recommendation of the.Landmark Commission,
as to what action, if any, shoul'd be taken on t~he structure.
Any applicant or interested person agrieved by a ruling of the
Building Code Board of Appeals under the provisions of this sec-
tion may, within thirty (30) days after the rul~hg~ appeal to the
City Council.
76
SECTION 26
"SU" SPECIFIC USE PERMITS
26: 1.
26: 2.
The City Council, by an affirmative vote may, after public hearing and
proper notice to~.all parties affected, and after recommendations from
the Planning Board and Zoning Commission that the use is in general
conformance with the Master Plan of the City and.containing such re-
quirements and safeguards as are necessary to protect adjoining prop-
ertl, authorize a Specific Use Permit. Application shall be accompanied
by a site plan drawn to scale and showing the general arrangements of
the project, together with essential requirements such as off-street
parking facilities; size, height, construction materials, and locations
of buildings and the uses to be permitted; location and construction
of signs; means of ingress and egress to public streets; the type of
visual screening such as wells, plantings, and fences; and the relation-
ship of the intended use to all existing properties and land uses in
all directions to a minimum distance of two hundred (200) feet.
SPECIFIC USE PERMIT REGULATIONS
1. All application for a Specific Use Zone Change shall be accompanied
by six (6) copies of a site plan as defined in Section 3
e
An application for a Specific Use Zone Change shall not be accepted
unless all requirements of this Section are shown on the s~te plan
at the time application is made.
e
If the property has not previously been platted, or if the Specific
Use Zone Change requested necessitates a re-plat, an application
for approval of preliminary plat shall be filed with the application
for Zone Change.
e
All uses permitted in this district shall meet the minimum require-
ments for that use or similar type uses, provided in the district
in which the use or similar type use is permitted. However, the
City Council may vary the requirements to allow flexibility for
modern urban planning and design.
When any proposed development involves provisions for common areas,
such as open space, recreational areas, etc., copies of the proposed
articles of incorporation, by-laws and protective eovenants shall be
filed at the time of applications. Provisions shall be made for the
permanent care and maintenance of such common areas.
e
In recommending that a Specific Use Permit for the premises under
construction be granted, the Planning Board and Zoning Commission
shall determine that such uses are harmonious with and adaptable
to building structures and uses of abutting property and other
property in the vicinity of the premises under consideration, and
shall make recommendations as to requirements for the paving of
streets, alleys and sidewalks, means of ingress and egress to
77
e
e
lO.
11.
12.
13.
public streets, provisions for drainage, adequate off-street parking,
protective screening and open space, heights of structures and com-
parability of building.
Every Specific Use Permit granted under these p~ovisions shall be
considered as an.amendment to the Zoning Ordinance as appliCable
to such property under consideration, but shall not be considered
as a permanent change in zoning. In the event the building, prem-
ise~ or.~land uses under the Specific Use Permit is voluntarily
vacated or if the ownership is voluntarily transferred, or if
such building, premise, or land is more than~fifty (50) percent
destroyed by fire or other cause, the use of the same shall there-
after conform to the regulations of the original zoning district
of such propemty unless a new and separate Specific Use Permit is
granted for continuation of the use.
In granting a Specific Use Permit, the City Council may impose
conditions which shall be complied with by the owner or grantee
before a certificate of occupancy may be issued by the Building
Inspector for use of the building on such property pursuant to
such Specific Use Permit; and such conditions precedent to the
granting of a Specific Use Permit, but shall be construed as
conditions precedent to the granting of the certificate of occu-
pancy.
No specific Use Permit shall be granted unless the applicant,
owner, and grantee of the Specific Use Permit shall be willing to
accept and agree to be bound by and comply with the written require-
ments of the Specific Use Permit, as attached to the site plan
drawing (or drawings) and approved by the Planning Board and
Zoning Commission.
A building permit shall be applied for and secured within six (6)
months from the time of granting the Specific Use Permit, provided
however, that the City Council may authorize an extension of this
time upon recommendation by the Planning Boa'rd and Zoning Commission.
No building, premise, or land used under a Specific Use Permit
may be enlarged, modified, structurally altered, or otherwise
significantly changed unless a separate Specific Use Permit is
granted for such enlargement, modification, structural alteration
or change.
The Board of Adjustment shall not have jurisdiction to hear, review,
reverse or modify any decision, determination or ruling with respect
to the granting, extension, revocation, modification or any other
action taken relating to such Specific Use Permit.
When the City Council authorizes granting of a Specific Use Permit,
the Zoning Map shall be amended according to its legend to indicate
that the affected area has condition and limited uses, said amend-
ment to indicate the appropriate zoning district for the approved
use and suffixed by an "S" designation.
78
26: 3.
SPECIFIC USESREQUIRING'PERMITS
a. A Specific Use Permit shall be required before the following specific
uses can be permitted in the district or districts indicated:
SPECIFIC USE DISTRICT
Cemetery or Mausoleum
City, County, State and Federal
.government garage', maintenance shop
or similar government establishment
City, fire and police station
Club or lodge (serving alcoholic
beverages )
Concessions stand within a park,
playground or playfield
Earth-moving and excavation, depositing
of construction materials, clay, earth,
gravel, mineral rock, sand or stone on
the ground
Electrical substation
Gas compressor or regulator station
Golf Course, but not including commer-
cial golf games or amusements
Institution, correctional detention,
penal or for use of insane, feeble
minded, alcoholic and narcotic
patients
Institution for children or aged; non-
profit
Mining, including exploration for or
production of gas or oil; extraction
of clay, gravel or sand; quarrying
of rock or stone
Parks, playgrounds, community buildings
and other public recreational facilities
owned and/or operated by the municipality
or other public agency
Public library or museum
Any R, TF, MF, OR TH
Any R, TF, MF, OR TH
Any R, TF, MF, OR TH
Any R, TF, MF, OR TH
CRD, CB, CBG
Any R, TF, MF, OR TH
Any R, TF, MF, OR TH
Any R, TF, MF, OR TH
Any R, TF, MF, OR TH
Any R
Any R, TF, MF, OR TH
Any R, TF, MF, OR TH
Any District
Any R, TF, MF, OR TH
Any R, TF, MF, OR TH
79
26:4.
Radio or television broadcasting
transmitter or tower, microwave
relay tower
Any District
Sanitorium on a site of l0 acres
or more
Any R
School Nursery, Kindergarten or day
care for children
Any R, TF, MF OR TH
Schools, private, with full curriculum
accredited by the State of Texas equi-
valent to that of a public elementary
or secondary school
Any R, TF, MF, OR TH
Shopping center on a site of 5
acres or more
Any R, TF, MF, OR TH
Telephone exchange but not including
garage shop or service
Any R, TF, MF, OR TH
Water reservoirs, pumping plants and
towers
Any District
ZERO LOT LINES (PATIO HOMES)
Zero lot line houses may be permitted in any residential district
subject to the following conditions:
a. Yard Requirements
Front Yard: The minimum front yard shall be fifteen (15) feet,
provided that in no case shall a garage or carport fronting
on a street be within twenty (20) feet of the street property
line.
e
Side Yard: There shall be no side yard requirements for one
side of the house; however, the other side yard shall be a
minimum of ten (10) feet, five (5) feet of which shall be an
access easement for adjoining property maintenance.
No doors, windows or other openings shall be permitted on zero
(0) lot line side of houses.
All corner lots shall have a minimum of ten (10) feet side yard
adjacent to a street.
Rear Yard: The minimum rear yard shall be fifteen (15) feet,
except that a one story wing or' extension may be built to
within five (5) feet of the rear property line, provided the
width of such extension is not greater than one-half (½) of
the width of the rear yard.
8O
b. Lot Width
The minimum width of any development lot shall be thirty-five (35)
feet.
c. Lot Area
The minimum area of any development lot shall be twenty-eight
hundred (2,800) square feet.
d. Lot Coverage
The combined area of all structures shall not exceed sixty-five (65)
percent of the lot area. Trellised and open porches shall not be
counted in the'combined area.
e. Height Limit
Buildings designed for residential occupancy shall not exceed two (2)
stories and shall not exceed thirty-five (35) feet in height. Detach-
ed garages and other accessory buildings shall not exceed one (1)
story in height.
f. Off-Street Parking
Single family dwellings shall have a minimum of two (2) approved
parking spaces.
h. Fencing
Any front yard fencing shall be shown on site plan.
i. Side Yard Requirements for Detached Accessory Buildings
Side yard requirements for detached accessory buildings shall be
the same as normally required, except that, where the side yard
is observed on one side of the lot, the same side yard required
for main buildings shall be observed by detached accessory build-
ings.
j. Side Lot Lines
ke
The side lot lines adjacent to which the total side yard shall be
observed shall be shown by building lines or other clearly defined
methods on a recorded plat of the subdivision approved by the
Planning Board and Zoning Commission.
Easements
Easements for maintenance and drainage and for roof overhang (if
permitted) shall be provided adjacent to each lot line where a side
yard less than normal is to be permitted and shall be established
on the subdivision plat or in recorded covenants approved by the
Planning Board.and Zoning Commission.
81
26: 5.
PARKING DISTRICT
A Parking District may be permitted in any district subject to the
following conditions:
1. Use Regulations
A building or area shall be used only for the following purposes:
Park, playground, or open space, public or private
Parking, commercial or private lot (not to include parking for
trucks) intended for use behind, across the-street, or adjacent
'and incidental to any zone where the provision of off-street
parking is essential to protection of existing development and
conducive to the most appropriate use of land.
e
Height Regulations
No structure shall exceed thirty (30) feet or two (2) stories in
height.
3. Area Regulations
Size of Yards
1. Front Yard; There shall be a front yard having a width of
not less than twenty (20) feet~
e
Side Yard: There shall be a side yard on each side of the
lot having a width not less than five (5) feet. A side
yard adjacent to a side st'reet or "R" District shall not
be less than ten (10) feet.
e
Rear Yard: There shall be a rear yard having a width not
less than five (5) feet. However,. a rear yard adjacent to
an "R", "TF", or "MF-I" District shall have a rear yard not
less than ten (10) feet from the rear property line.
26: 6.
MOBILE HOME RESIDENTIAL SUBDIVISION
Permitted in any zoning district on a site of twenty (20) acres or more,
provided such tract shall have been final platted of record in its en-
tirety in accordance with the City of Plainview Subdivision Regulations
and shall meet the following conditions:
1. Area Regulations
a. 'Eot Width: The minimum average width of any lot shall be fifty
(50) feet.
b. Lot Area: The minimum lot area shall be five thousand (5,000)
square feet.
82
Ce
ee
Front Yard: The minimum front yard Shall be fifteen (15) feet.
Rear Yard: The minimum rear yard shall be ten (10) feet measUred
from the rear property line to the rear of the 'structure except
where a twenty (20) foot alley exists, a five (5) foot rear. yard
shall be permitted~
Side Yards: There shall be a minimum side yard of ten (10) feet
on each side except that canopies and patio covers with supporting
columns, open on three sides and constructed of non-combustion-
able materials may extend to within five (5) feet of the side
property line. On corner lots, the minimum side yard adjacent
to the side street shall be ten (10) feet.
f. Density: One mobile home shall be permitted on each platted lot.
g. Lot Coverage: Maximum lot coverage shall be forty (40) percent.
2. Use Regulations
Be
Tie-downs and Hard Stands: Tie-downs and hard stands shall be
provided for each mobile home as establ .i shed by the Building
Code prior to issuance of building permits.
Storage: The area under the mobilehome shall not be used for
storage of any kind. Said area shall be completely enclosed
with the same materials as used for exterior siding on the
mobile home.
Ce
Accessory Buildings: All accessory buildings and/or structures
shall conform to the Building Code of the City of Plainview and
the Zoning Ordinance of-.the City of Plainview.
3. Curbs, gutters, and sidewalks shall conform to all requirements of
the City of Plainview.
4. All utilities shall be located underground and shall comply with
the City of Plainview Code of Ordinances.
Be
e
One (1) off-street parking space Shall be provided on each lot, plus
one: (1) space for each four (4) lots in the development.
The plat title shall indicate that the subdivision is a "Mobile Home
Subdivision", and that the primary structure shall be a mobile home.
All mobile homes placed within the "Mobile Home Subdivision" shall
comply with all the standards established by the State of Texas and
the City of Plainview.
83
SECTION 27
OFF-STREET PARKING AND LOADING REQUIREMENTS
27: I.
27: 2.
Off-street parking shall be provided on the lot or tract or on an
immediately contiguous lot or tract sufficient to provide the following
ratio of vehicle spaces for the uses specified in the districts desig-
nated.
PARKING REQUIREMENTS BASED ON USE
In all districts there shall be provided at the-time any building or
structure is erected or structurally altered (except as provided in
Sub-Section 2~.3d) off-street parking spaces in accordance with the
fol 1 owing requirements:
a. Bowling Alley: Six (6) parking spaces for each alley.
be
Business or professional office, studio, bank, medical or dental
clinic: Three (3) parking spaces plus one (1) additional parking
space for each two hundred (200) square feet of floor area over
five hundred (500) feet.
c. Church or other place of worship: One (1) parking space for each
four (4) seats in the main auditorium.
de
Community center, library, museum or art gallery: Ten (lO) park-
ing spaces plus one (1) additional space for each three hundred
(300) square feet of floor area in excess of two thousand (2,000)
square feet. If an auditorium is included asa part of the build-
ing, its floor area shall be deducted from the total and additional
parking provided on the basis of one (1) space for each four (4)
seats that it contains.
ee
Dance Hall, Assembly or Exhibition Hall without fixed seats: One
(1) parking space for each one hundred (100) square feet of floor
area used thereof.
fo Dwellings, single-family attached or detached: Two (2) parking
spaces for each dwelling unit.
Dwellings, Multi-Family: O~e (1) parking space for each dwelling
unit plus one-half (½) space for each individual bedroom in all
dwelling units.
h. Fraternity, sorority or dormitory: One (1) parking space for each
two (2) beds.
Furniture or appliance store, hardware store, wholesale establish-
ments, machinery or equipment sales and service, clothing or shoe
repair or service: Two (2) parking spaces plus one (1)' additional
parking space for each three hundred (300)square feet ~f floor
area over one thousand (1,000) square feet.
j. Hospital: One (1) space per employee on the largest shift plus
one (1) space for each bed.
ke
Hotel: One (1) parking space for.each two (2) sleeping rooms or
suites plus one (1) space for each two hundred (200) square feet
of commercial floor area contained therein.
Manufacturing or industrial establishment, research or testing
laboratory, creamery, bottling plant, warehouse, printing or
plumbing shop or similar establishments: One (1~) parking space
for each employee on the maximum working shift, plus space to
accomodate all trucks and other vehicles used i'n connection there-
with, but not less than one (1) parking space for each one thousand
(1,O00) square feet of floor area.
m. Mobile Home Park: As detailed in tlhe Mobile Home Ordinance No.
70-1078.
ne
Mortuary or funeral home: One (1) parking space for each fifty
(50) square feet of floor space in slumber rooms, parlors, or
individual funeral service rooms.
Oe
Motel: One (1) parking space for each sleeping room or suite,
plus one (1) space for each two hundred (200) square feet of
commercial floor area contained therein.
pe
Motor-vehicle salesrooms and used car lots: One (1) parking
space for each five hundred (500) square feet of sales floor for
indoor uses, or one (1) parking space for each one thousand (1,000)
square feet of lot area for outdoor uses.
qe
Private club, lodge, country club or golf club: One (1) parking
space for each one hundred fifty (1!50) square feet of floor area
or for every five (5) members, whiclhever is greater.
re
Retail store or personal service establishment, except as other-
wise specified herein: One (1) parking space for each one hund-
red (100) square feet of floor area.
Se
Restaurant, night club, cafe or similar recreation or amusement
establishment: One (1) parking space for each one hundred (100)
square feet of floor area.
t. Rooming
(2) slee
u. Sanitari
stitutiO
v. School
r boarding house: One (1) parking space for each two
ing rooms.
m, convalescent home, home for the aged or similar in-
s: One (1) parking space for each six (6) beds.
lementary: One (1) parking space for each five (5)
seats in the auditorium or main assembly room or one (1) space
for each classroom plus six (6) spaces, whichever is greater.
85
27: 3.
27: 4.
Wo
School, secondary and college: One (1) parking space for each
four (4) seats in the main auditorium or eight (8) spaces for
each classroom, whichever is greater.
Xe
Theater, auditorium (except school), sports arena, stadium or
gymnasium: One (1) parking space for each four (4) seats or
bench seating spaces.
y. Golf Course: Three (3) parking spaces per hole..
RULES FOR COMPUTING NUMBER OF'PARKING SPACES
A. "Floor Area" shall mean the gross floor area of the specific use.
b. Where fractional spaces result, the parking spaces required shall
be construed to be the nearest whole number.
c. The parking space requirement for a use not specifically mentioned
herein shall be the same as required for a use of similar nature.
Whenever a building or use constructed or established after the
effective date of this Ordinance is changed or enlarged in floor
area, number of employees, number of dwelling units, seating
capacity or otherwise, to create a need for an'increase of ten
(10) percent or more in the number of existing parking spaces,
such spaces shall be provided on the basis of the enlargement or
change. Whenever a building or use existing prior to the effec-
tive date of this Ordinance is enlarged to the extent of fifty
(50) percent or more in floor area or in the area used, said
building or use shall then and thereafter comply with the parking
requirements set forth herein.
e. In the case of mixed uses, the parki.ng spaces required shall equal
the sum of the requirements of the 'various uses computed separately.
LOCATION OF PARKING SPACES
All parking spaces required herein shall be located on the same lot
.with the building or use served except as follows:
ae
Where an increase in the number of spaces is required by a change
or enlargement of use or where such spaces are provided collect-
ively or used jointly by two (2) or more buildings or establish-
ments, the required spaces may be located not to exceed three
hundred (300) feet from an institutional building served and not
to exceed five hundred (500) feet from any other non-residential
building served.
be
Not more than fifty (50) percent of the parking spaces required
for /1/ theaters, bowling alleys, dance halls, night clubs, cafes,
or similar uses, and not more than eighty (80) percent of the
parking spaces required for a church or school auditorium or
similar uses may be provided and used jointly by/2/ similar uses
not normally open, used or operated during the same hours as those.
listed in /1/; provided, however, that written agreement thereto
is properly executed and filed as specified below.
86
27: 5.
27: 6.
In any case where the re(
the same lot with the bui'
are collectively or joint'
thereby assuring their ret
perly drawn and executed
form by the City Attorney
for a building permit.
MINIMUM DIMENSIONS FOR OFF'ST
Co
de
Ninety (90) Degree Angle I
not less than eight (8) fE
feet in length. Maneuver'
ing space and .shall be no'
pendicular to the buildin
Sixty (60) Degree Angle P
less than eight (8) feet
angle nor less than seven'
at right angles to the bu'
space shall be in additiol
less than twenty-(20) fee'
ing line.
uired parking spaces are not located on
Forty-five (45) Degree An!
be not less than eight (8
angle nor less than sixteE
of the maneuvering space
facilities are provided b
off-street parkin§ facili'
quirements for parking an<
ding or use served, or where such spaces
y provided and .used, a written agreement
:ention for such purposes, shall be pro-
~y the parties concerned, approved as to
and Shal't~be filed'with the application
~EET PARKING
~arking: Each parking space shall be
!et wide nor less than eighteen (18)
ng space shall be in addition to park-
less than twenty-four (24) feet per-
or parking line.
rking: Each parking space shall be not
ride _~erpend.icular to the park~ing~-
:een (17) feet in length when measured
lding or parking line. Maneuvering
to parking space and shall be not
perpendicular to the building or park-
le Parking: Each parking space shall
feet wide perpendicular to the parking
n (16) feet in length when measured at
right angles to the building or parking tine. Maneuvering space
shall be additional to parking space and shal.1 be not less than
eighteen (18) feet perpendicular to the building or parking line.
/ -
When off-street parking f~cilities are located adjacent to a public
alley, the width of said ~lley may be assumed to be a portion
· equirement. Where off-street parking
it not required by this Ordinance, said
:ies shall complywith the minimum re-
maneuvering space herein specified.
OFF-STREET LOADING SPACE
Every building or part thereo' erected or occupied for retail business,
service, manufacturing, stora e, warehousing,_hotel', mortuary, or any
other use similarly involving the receipt or distribution by vehicles
of materials or merchandise, shall· provide and maintain on the same
premises loading space in accgrdance with the following reqUirements:
/
a. In Districts '"Ml"-and "M2~ one (1) loading space for each ten
thousand (10,000) feet, o~ fraction thereof, of floor area in
the building.
87
be
In Districts CRS, CNS, CRD, and CGB, one (1) loading space for
the first five thousand (5,000) to fifteen thousand (15,000) square
feet of floor area in the building and one additional loading
space for each fifteen thousand (15,000) square 'feet or fraction
thereof, of floor area in excess of fifteen thousand (15,000)
square feet.
Each require~ loading space shall have a minimum size as described
for loading Spaces under SectiOn 3, Definitions.
88
SECTION 28
NON-CONFORMING LOTS, USES OF LAND, STRUCTURES, AND USES OF STRUCTURES AND
PREMISES
28: 1.
Intent
a)
Within the districts established by this ordinance or amendments
that may later be adopted there exist lots, structures, and uses
of land and structures which were lawful before this ordinance
was passed or amended, but which would be prohibited, regulated
or restricted under the terms of this ordinance or future amend-
ment.
b)
It is the intent of this ordinance to permit these ~on-conform-
ities to continue until they are removed, but not to encourage
their survival. Such uses are declared by this ordinance to be
incompatible with permitted uses in' the districts involved. It
is further the intent of this ordinance that non-conformities
shall not be enlarged upon, expanded or extended, nor be used
as grounds for adding other structures or uses prohibited else-
where in the same district.
c)
A non-conforming use of a structure, a non-conforming use of land,
or a non-conforming use of a structure and land shall not be
extended or enlarged after passage of this ordinance by attach-
ment on a building or premises of additional signs intended to be
seen from off the premises, or by the addition of other uses of
a nature which would be prohibited generally in the district
involved.
28:2.
d)
To avoid undue hardship, nothing in this ordinance shall be deemed
to require a change in the plans, construction or designated use
of any building on which actual construction was lawfully begun
prior to the effective date of adoption o,r amendment of this
ordinance and upon which actual building construction has dili-
gently been carried on. Actual construction is hereby defined to
include the placing of construction materials in permanent posi-
tion and fastened in a permanent manner; except that where demo-
lition or removal of an existing building has been substantially
begun preparatory to rebuilding, such demolition or removal shall
be deemed to be actual construction, provided that work shall be
diligently carried on until completion of the building involved.
Non-Conforming lots of record
In a district where single-family dwellings are permitted, a single-
'Family detached dwelling may be erected on any lot of official record
at the effective date of adoption or amendment of this Ordinance,
'irrespective of its area or width, provided that yard dimensions and
other requirements not involving area or width, or both, of the lot
shall conform to the regulations for the district in which such lot is
located. Variance of yard dimensions and other-requirements shall be
obtained only through action of the Board of Adjustment.
28: 3. Non-conforming uses of land
28: 4.
28: 5.
Where, at the effective date of adoption or amendment of this ordinance,
lawful use of land exists that is made no longer permissible under the
terms of this ordinance as enacted or amended, such use may be continued
so long as it remains otherwise lawful, subject to the following provi-
sions:
a)
No such non-conforming use shall be enlarged or increased, nor
shall be extended to occupy'a greater area of land than was
occupied at the effective date of adoption or amendment of this
ordinance;
b)
No such non-conforming use shall be moved in whole or in part to
any other portion of the lot or parcel occupied by such use at the
effective date.of adoption or amendment of this ordinance;
c)
If any such non-conforming use of land ceases for any reason
(except by reason of~e$~ruction of the premises because of fire,
act of God, involuntary destruction, or involuntary damage) for
a period of more than sixty days, any subsequent use of such land
shall conform to'the regulations specified by this ordinance for
the district in which such land is located.
Non-conforming structures
Where a lawful structure exists at the effective date of adoption or
amendment of this ordinance that could not be built under the terms
of this ordinance by-reason of restrictions on. area, lot coverage,
height, yards, or other characteristics of the structure or its location
on the lot, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions;
a) No such structure may be enlarged or altered in any way which
increases its non-conformity.
b)
Should any structure be destroyed bY means other than by the
voluntary distruction to an extent that its replacement is neces-
sary, it may be reconstructed so as to be used in accordance with
its prior non-conforming status.
c)
Should such structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations for the
district in which it is located after it is moved.
Non-conforming uses of structures
If a lawful use of a structure or of structure and premises in combina-
tion exists at the effective date of adoption or amendment of this
ordinance, that would not be allowed in the district under, the terms
of this ordinance, the lawful use may be continued so long as it re-
mains otherwise lawful, subject to the following provisions:
9O
28: 6.
a)
b)
c)
d)
e)
f)
a)
b)
c)
No existing structure devoted to a.use not permitted by this
ordinance in the district in which it is located shall be en-
larged, extended, constructed, reconstructed,'moved, or struc-
turally altered except in changing the use of the structure to
a use permitted in the district'in which it is located.
Any non-conforming use may be extended throughout any parts of a
building which were manifestly arranged or designed for such use
at the time of adoption or amendment of thiS ordinance, but no
such use shall be extended to occupy any land outside such building.
If no structural alterations are made, any non-conforming use of
a structure, or structure and premises, may'be changed to another
non-conforming use provided that the-Board of Adjustment, either
by general rule or by making findings in the specific case, shall
find that the proposed use is equally appropriate or more appro-
priate to the district than the existing non,conforming use. In
permitting such change, the Board of Adjustment may require
appropriate conditions and Safe§uards in accordance with the
provisions of this ordinance;
Any structure, or structure and land in combination, in or on
which a non-conforming use is superseded by a permitted use,
shall thereafter conform to the regulations for the district in
which such structure is located, and the non-conforming use may
not thereafter be resumed;
When a non-conforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for 6 consecutive
months or for 18 months during any three-year period, the structure,
or structure and premises in combination shall not thereafter be
used except in conformance with the regulations of the district
in which, it is located, except with the approval of the Board of
Adjustment;
Where non-conforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall
eliminate the non-conforming status of the land.
Repairs and Maintenance. On any building devoted in whole or in
part to any non-conforming use, the same may be repaired, provided
that the repairs and construction work done on said building com-
plies with the Building Code of the City of Plainview.
Restoration.. Nothing in this ordinance shall prevent the recon-
struction, repair, rebuilding and continued use of any non-con-
forming buil.di~ng or structure damaged~by fire, collapse, explosion
or acts of God subsequent to the time of~this ordinance°
Wear and Tear. Nothing in this Ordinance shall prevent the recon-
struction, repair or rebuilding of a non-conforming structure,
building, or any part thereof, existing at the effective date of
91
28: 7.
28: 8.
this Ordinance, rendered necessary by wear and tear ~ depreciation,
.provided that such repair or rebuilding shall comply with the pro-
visions of the Building Code of the City of'Plainview.
Uses under exception provisions not non-conforming uses.
Any use for which an exception is permitted as provided in this Ordin-
ance shall not be deemed a non-conforming use, but shall without further
action be deenled a conforming use~in such district.
Where a s~ructure has a non-conforming use, the use of such structure
may be permitted for the use of any other.trade, industry or use that
will be no more injurious, hazardous, or noxious 'than the use for
which it has a non-conforming status, provided that approval is first
obtained from the Board of Adjustment'and that said Board further
finds that such proposed use wi~ll not be any more injurious, hazardous
or noxious than the ~on-conforming-use of saidstructure or premises
theretofore established; and provided further'that the Board of Adjust-
ment finds that the proposed use wi'l'] not be contrary to the public
interest and that the spirit of the ordinance will nevertheless be
observed and substantial justice done.
92
SECTION 29
HEIGHT AND AREA REGULATIONS
29: 1.
29: 2.
29: 3.
Except as hereinafter provided, no building or structure or part there-
of shall be erected, altered or converted for any use permitted in the
district in which it is located unless it is in conformity with all
the minimum regulations herein specified for lot width, lot depth,
dwelling unit area, lot coverage, and front, side, and rear yards.
HEIGHT
ae
The Height regulations prescribed herein shall not apply to tele-
vision and radio towers, church spires, belfries, monuments, tanks,
water-and fire towers, stage towers or scenery lofts, cooling
towers, ornamental towers and spires, chimneys, elevator bulk-
heads, smokestacks, conveyors, flag poles, electric display signs
and necessary mechanical appurtenances.
be
Public or semi-public service buildings, hospitals, institutions
or schools, where permitted, may be erected to a height not ex-
ceeding sixty (6'0) feet and churches and other places of worship
may be erected to a height not exceeding seventy-five (75) feet
when each of the required yards are increased by one (1) foot for
each foot of additional building height above the height regula-
tions for the district in which the building is located.
Co
No structure may be erected to a height in excess of that permit-
ted by the regulations of such airfield zoning ordinance as may
exist at the time and whose regulations apply to the area in which
the structure is being erected.
FRONT YARDS
Where twenty-five (25) percent or more of the frontage upon the
same side of a street between two intersecting streets is occu-
pied or partially occupied by a building or buildings with front
yards of less depth than required by this Ordinance, or where the
configuration of the ground is such that conformity with the front
yard provisions of this Ordinance would work hardship, the
Board of Adjustment may permit modil?ications of the front yard
requi reme nts.
In any "R" or "MF" District where twenty-five (25) percent or
more of the frontage upon the same side of a street between inter-
secting streets is occupied or partially occupied by a building or
buildings having front yards of greater depth than is required
by this Ordinance, no other lot upon the same side of such street
between such intersecting streets shall be occupied by a building
with a front yard of less than the least depth of any such existing
front yards, unless by permission of the Board of Adjustment.
93
29: 4.
2~; 5.
Ce
In a~y district, no fence, structure, or plant higher than
three I3) feet above the establishedstreet.grade~, not
any tree with foliage ex~end~ng below eight (8) feet above the
established street grades, shall be maintained within the re-
quired front yard.
Open and unenclosed terraces or porches and eave and roof ex-
tensions may project into the required front yard for a distance
not to exceed four (4) feet; provided, however, that no supporting
structure for such extensions may be located within the required
front yard. An unenclosed canopy l~r a gasoline filling station
may extend beyond the building line but shall never be closer
to the property line than twelve (12) feet. The building line
of a gasoline filling station shall mean the actual wall of the
building and shall not be interpreted as being the curb of a walk
or driveway or as the front of a canopy or the column supporting
same. -
SIDE YARDS
ae
On a corner lot, the width of the yard along the side street shall
not be less than any required front yard on the same side of such
street between intersecting streets, provided, however, that the
buildable width of a tot of record shall not be reduced to less
than thirty (30) feet.
No. accessory bui-ld~ng shall project beyond a required yard line
along any street.
Ce
For the purpose of side yard regulations, an attached dwelling
or multi-family dwelling shall ~e considered as one building
occupying one lot.
Where a lot of record at the time of the effective date of this
Ordinance is less than fifty (50) feet in width, the required
side yard may be reduced to provide a minimum buildable width of
thirty (30) feet, provided, however, that no side yard shall be
less than five (5) feet.
The area required in a yard shall be open to the sky, unobstructed
except for the ordinary projections of window sil.ls, belt courses,
cornices or other ornamental features.
A roof overhang~ an open fire escape, or an outside stairway may
project no more than three (3) feet into a required side yard,
but no closer than three (3) feet to a property line.
REAR YARDS
An accessory building not exceeding twenty (20) feet in height may
occupy, not to exceed twenty-five (25) percent, and unenclosed spaces
may occupy, not to exceed eighty (80) percent, of the area of a required
94
rear yard but no accessory building shall be closer than ~ten (10)
feet to the main building nor closer tlqan five (5) feet to any rear
or side lot.
The lawful use of land existing upon the effective date of this
Ordinance, although such use does not conform to the provisions
hereof, may be continued, subject to the provisions hereof.
The lawful use of a building existing upon the effective date of
this Ordinance may be continued, although such use does not conform
to the provisions hereof. Such use may be extended throughout such
portions of the buildings as are arranged or designated for such use,
provided no structural alterations, except those required by lawor
Ordinance, are made therein. If no structural alterations are made,
a nonconforming use of a buildin§_may be changed to another noncon-
forming use of the same or more restricted classification. If such
nonconforming building is voluntarily discontinued for a period of
six (6) months, the use of the same shall thereafter conform to the
provisions of the district in which it is located.
A residential dwelling unit having a lesser floor area at the time
of the passage of this Ordinance than the minimum floor area required
for district in which it is located shall not be construed to be
nonconforming.
A nonconforming use, if changed to a conforming use or a more re-
stricting nonconforming use, may not thereafter be changed back to
a less restricted use than that to which it was changed.
If, by amendment to this Ordinance, any property is hereafter trans-
ferred to a more restricted district by a change in the district
boundaries, or the regulations and restrictions.in any district are
made more restrictive or of a higher classification, the provisions
of this Ordinance relating to the nonconformant use of buildings or
premises existing upon the effective date of~this Ordinance shall
apply to building or premises occupied or used upon the effective
date of such amendment,
Repairs and alterations may be made to a nonconforming building,
provided that no structural alterations or extensions shall be made
except those required by law or ordinance, unless the building changed
to a conforming use.
A nonconforming use shall not be extended or rebuilt in case of ob-
solescense or total destruction by fire or other causes. ~n the case
of partial destruction by fire or other causes not exceeding fifty
(50) percent of its value, the Building Official shall issue a~ permit
for reconstruction. If destruction is greater than fifty (50) percent
of its value, the Board of Adjustment may grant a permit for r~pair or
replacement after public hearing and having due regard for the~ prop-
erty right of the persons affected when considered in the ligh~ of
public welfare and the character of the areas surrounding the desig-
nated nonconforming use and the purposes of this Ordinance.
95
SECTION 30
SUPPLEMENTARY DISTRICT REGULATIONS
30: 1.
30: 2.
ACCESSORY BUILDINGS
Accessory buildings detached from, or attached to the mai~n building
by an enclosed or unenclosed structure may be permitted within the
allowable building area of any lot defined by the required front,
side and rear building lines.
No accessory buildings may be permitted in the f~ont yard or in
the required side yard.
c. Accessory buildings may be permitted in the required rear yard
provided:
That they are detached from the main building or structure
and separated therefrom by a distance of not less than ten
(10) feet.
2. Said accessory buildings have a rear and side yard setback
of not less than f.~ve (5)~feet.
In no case shall the total floor area of all accessory buildings
or portions thereof within the required rear yard exceed thirty
(30) percent of the area of the required rear yard.
e. The area of the required rear yard shall be the product of the
rear yard setback and the mean width of the lot.
f. Where the necessary building is adjacent to a side street, the
minimum side yard setback from said street shall be ten (10) feet.
DISTANCES BETWEEN BUILDINGS ON SAME LOT
ae
be
Outer courts and open spaces between walls of residential buildings:
Where any wall or portion thereof of a residential building is
parallel or within thirty (30) degrees of another wall or portion
thereof of the same building or of another residential building
on the same lot, the distance between the two walls shall not
be less than one-fourth (¼) of the length of the shorter wall.
The distance between walls of buildings shall not be less than
ten (10) feet and need not exceed thirty (30) feet.
Distance between walls of buildings is the~hortest-horizontal
distance measured between the vertical walls of a building or
buildings perpendicular to an axis, all points along which are
midway between said walls.
96
30.' 3,
30: 4.
30:5.
30:6.
30:7.
FENCES, WALLS AND'HEDGES
Notwithstanding any other provisions of this Ordinance, fences, walls
and hedges may be permitted in any yard, or along the edge of any yard
provided that no fence, wall or hedge along the sides or front edge of
any front yard shall be over three (3) feet in height.
SPECIAL BUILDING SETBACK
Where a building line has been establislhed by special ordinance and
such line requires a greater setback than is prescribed by this Or-
dinance in the district in which the building line is located, no
building shall be erected closer to the street than the line so
established.
MINIMUM STREET FRONTAGE REQUIRED FOR RESIDENTIAL USF
Except as permitted in this ordinance, no lot shall contain any building
used in whole or in part for residential purposes unless such lot abuts
for at least thirty (30) feet on a street or officially approved place
which means of access shall have a minimum right-of-way width of thirty-
five (35) feet.
PROJECTIONS INTO REQUIRED YARDS
Open and unenclosed building projections such as outside stairways and
fire escapes, balconies, terraces or porches, awnings, eave and roof
extensions, and ornamental features may project into the required yards
for a distance not to exceed ~hree .(.3) feet. In no case shall such
projections be located closer than three (3) feet from any lot line.
SITE PLAN
a. A site plan is a plan of development: drawn to scale indicating:
1. The location and arrangement of buildings on subject property.
2. Building setbacks and yards.
3. Landscaping and/or walls and fences for screening purposes.
4. Off-street parking and loading areas and design of ingress
and egress to and from abutting streets.
Where a site plan is required, a Zoning Permit shall not be issued
until a site plan of development has been approved by the Building
Official.
For any Specific Use Permit application or whenever ~wo or more
main buildings, or portions thereof, are placed upon a single lot
or tract and such buildings will not face upon a street or offici-
ally approved place, a site plan shall be submitted to and reviewed
by the Planning Board and Zoning Commission prior to being approved
by the Building Official for the purpose of issuing a Zoning Permit.
30: 8,
For-a~ temporary Use Permit application, a site plan shall be
submi%~d to and revieWed-by.the Board of'i, Adjustment prior, to being
appro~ by the Building Official for the p:~pose of issuing a
Zoning Permit.
The reviewing body (Planning Board and Zoning Commission or the
Board of Adjustment) may recommend disapproval of a site plan,
or in recommending approval of a site plan may require revisions
of the proposed arrangement of buildings, streets, parking areas
and ingress and egress. They may recommend the installation of
storm sewers, storm sewer inlets, sidewalks, paving, platting of
streets, protective screening and/or additional open space for
rights-of-way or other public use.
fe
Disapproval, approval or conditional approval of a site plan
together with all recommendations or revisions shall be indicated
on the site plan together with the date of review and the signa-
tures of the chairman of the reviewing body and the Building
Official. This site plan shall be the official copy and kept on
file together with all previous site plans.
he
A duplicate copy of the official site plan disapproved, approved
or conditionally approved shall be given to the applicant together
with all the recommendations of the reviewing body.
The purpose of site plan approval is to determine compliance with
this Ordinance and to promote the orderly and harmonious develop-
ment of the City of Plainview.
SPECIAL TEMPORARY DEVELOPMENT AND PROMOTION SIGNS
Special temporary development and promotion signs not exceeding two
hundred forty (240) square feet in area., may be erected upon approval of
the Building Official, provided they advertise a development or promo-
tion legal.ly permitted in the district where they are located and pro-
vided they are located on the property being developed. The Building
Official 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 safety hazard is created. Such special development
signs must be removed at the direction of the Building Official, or,
after completion of ninety percent (90%) of the project advertised in
any event.
98
SECTION 2t
CERTIFICATES OF OCCUPANCY
31: 1.
31: 2.
31: 3.
31: 4.
CERTIFICATE OF OCCUPANCY MAY BE REQUIRED FOR ANY OF THE FOLLOWING:
a. Occupancy and use of a building hereafter erected or structurally
altered
.b. Change in use of an existing building to a use of a different
classification.
c. Occupancy and use of vacant land, except agricultural use.
d. Change in the use of land to a use of a different classification.
e. Any change in the use of a nonconforming use.
No such occupancy, use or change of use may take place until a
Certificate of Occupancy therefore may have been issued by the
Building Inspector.
PROCEDURE FOR NEW'OR ALTERED BUILDINGS
Written application for a Certificate of Occupancy for a new building
or for an existing building which is to be altered may be made at the
same time as the 'application for the Building Permit for such building.
Said Certificate shall be issued within three (3) days after a written
request for the same has been made to said Building Inspector or his
agent after the erection or alteration of such'building or part there-
of has been completed in conformity with the provisions of this Ordin-
ance.
PROCEDURE FOR VACANT 'LAND OR A CHANGE IN'USE
Written application for a Certificate of Occupancy for the use of
vacant land, or for a change in the use of land or a building, or
for a change in a nonconforming use, as herein provided, may be
made to said Building Inspector. If the proposed use is in confor-
mity with the provisions of this Ordanance, the Certificate of Occu-
pancy therefore may be issued within three (3) days after the appli-
cation for same has been made.
CONTENTS
Every Certificate of Occupancy shall state that the building or the
proposed use of a bUildin~ or land complies with all provisions of
law. A record of all Certificates of Occupancy shall be kept on file
in the office of the Building Inspector or his agent and copies shall
be furnished on request to any other person having proprietory or
tenancy interest in the building or land affected.
99
31: 5.
31: 6.
TEMPORARY CERTIFICATE
Pending the issuance of a regular certificate, a temporary Certificate
of Occupancy may be issued by the Building Inspector for a period not
exceeding six (6) months, during the completion of alterations or
during partial occupancy of a building 'pending i~s completion, Such
temporary certificates shall not be construed as in any way altering
the respective rights, duties or obli§ations, of the owners-or of the
City relating to the use or occupancy of the premises or any other
matter covered by this Ordinance.
CERTIFICATE FOR NONCONFORMING'USES
A Certificate of Occupancy may be required for all lawful nonconform-
ing uses of land or buildings created by adoption of this Ordinance.
Application for such Certificate of Occupancy for-a nonconforming
use shall be filed with the~Building Inspector by the owner or lessee
of the building or land occupied by such nonconforming use within one
(1) year of the effective date of this Ordinance. It shall be the
duty of the Building Inspector to issue a Certificate of Occupancy
for a lawful nonconforming use, but failure to apply for such Cer-
tificate of Occupancy for a nonconforming use shall be evidence that
said nonconforming use was either illegal or did not lawfully exist
at the effective date of this Ordinance.
1 O0
SECTION 32
BOARD OF ADJUSTMENT
32: 1.
32: 2.
The word "Board", when used in this Ordinance, shall be construed
to mean the Board of Adjustment.
ORGANIZATION AND PROCEDURE
a. Establishment
A Board of Adjustment is hereby reestablished in accordance with
the provisions of Article lOllg, Revised Civil Statutes of Texas,
regarding the zoning of cities and with the powers and duties as
provided in said Statutes.
b. Membership
The Board shall consist of five (5) members, each to be appointed
by the City Council for a term of ~o (2) years and removable for
cause by the appointing authority ulDon written charges and after
public hearing. Vacancies shall be filled for the unexpired term
of any member, whose place becomes vacant for any cause, in the
same manner as the original appointment was made. Three (2)
members shall serve until January_l of odd-numbered years, as hereto-
fore appointed, and two (2) members, as heretofore appointed, shall
serve until January 1 of even~numbered xears.,-ahd thereafter each
member reappointed or each new appointee shall serve for a full
term of two (2) years unless removed as hereinabove provided.
Provided, however, that the City Council may appoint four (4) al-
ternate members of the Board of Adjustment who shall serve in the
absence of one or more of the regular members when requested to
do so by the chairman of the Board, so that all cases to be heard
by the Board of Adjustment will always be heard by a minimum
number of four (4) members. These alternate members, when appointed
shall' serve for the same period as the regular members, which is for
a term of two (2) years, and any vacancy shall be filled in the same
manner and they shall be subject to removal the same as the regular
members.
c. Hearings
The hearings of the Board of Adjustment shall be public. The
Board shall hear the intervention of any owner of property adjacent
to, in the rear of, or across the street from a lot as to which the
granting of any permit is pending, and shall also hear any other
parties in interest. All hearings are to be heard by at least four
(4) members of the Board.
d. Meetings
Meetings of the Board shall be held at the call of the Chairman
and at such times as the Board may determine.
101
32:3.
e. Rules and Regulations
The Board shall keep minutes of Sts proceedings, showing the
vote of each member upon each question or, if absent or failing
to vote, indicating such fac~, and shall keep records of its ex-
aminations and other official actions, all of which shall be
immediately filed in,the office of the Board and shall be public
record. The Board of Adjustment shall act by resolution in which
four (4) members must concur. The Board shall adopt from time to
time such additional rules and regulations as it may deem necessary
to carry into effect the provisions of the Ordinance, and shall
furnish a copy of the same to the Building Inspector, all of which
rules and regulations shall operate uniformly in all cases. All
of its resolutions and orders shall be in accordance therewith.
APPEALS
ao
Procedure
Appeals may be taken to and before the Board of Adjustment by any
person aggrieved, or by any officer,, department, board or bureau
in the City. Such appeal shall be made by filing with the office
of the Board, a notice of appeal and specifying the grounds there-
of. The office or department from which the appeal is taken shall
forthwith transmit to the Board of Adjustment all of the papers
constituting the record upon which the action appealed from was
taken.
b. Stay of Proceedings
An appeal shall stay all proceedings in furtherance of the action
appealed from unless the Building Inspector shall certify to the
Board of Adjustment that by reason of facts in the certificate, a
stay would, in his opinion, cause in~inent peril to life or pro-
perty, in which case proceedings shall not be stayed otherwise
than by a restraining order which may be granted by the Board of
Adjustment or by a court of equity, after notice to the office
from whom the appeal is taken and on due cause shown.
c. Notice of Hearing on Appeal
The Board shall fix a reasonable time for the hearing of the appeal
or other matter referred to it, and shall mail notices of such
hearing to the petitioner and to the owners of property lying
within two hundred (200) feet, of any point of the lot or portion
thereof on which a variation is desired, and to all other persons
deemed by the Board to be affected thereby, such owners and persons
being determined according to the current tax rolls of the City.
Depositing of such written notice in the mail shall be deemed
sufficient compliance therewith.
102
32: 4.
d. Decision by Board
The Board shall decide the appeal within a reasonable time. Upon
the hearing, any party may appear in person or by agent or attorney.
The Board may reverse or affirm wholly or partly or may modify the
order, requirements, decision, or determination as in its opinion
ought to be made in the premises, and to that end, shall have all
powers of the officer or department from Whom the appeal is taken.
POWERS AND DUTIES OF BOARD
a. Subpoena Witnesses, Etc.
The Board shall have the power to subpoena witnesses, administer
oaths, and punish for contempt, and may require the production
of documents, under such regulations as it may establish.
b. Appeals Based on Error
The Board shall have the power to hear and decide appeals where
it is alleged there is error of law in any order, requirements,
decision or determination made by the Building Inspector in the
enforcement of this Ordinance.
c. Special Exceptions
The Board shall have the power to hear and decide special excep-
tions to the terms of this Ordinance upon which the Board is re-
quired to pass as follows or elsewhere in this Ordinance:
Permit the erection and use of a building or the use of premises
for railroads if such uses are in general conformance with the
Master Plan and present no conflict or nuisance to adjacent
properties.
e
To permit a public utility or public service or structure in
any district, or a public utility or public service building
of a ground area and of a hei§ht at variance with those pro-
vided for in the district in which such public utility or
public service building is permitted to be located, when found
reasonably necessary for the public health, convenience, safety
or general welfare.
To grant a permit for the extension of a use, height or area
regulation into an adjoining district, where the boundary
line of the district divides a lot in a single ownership on
the effective date of this Ordinance.
Permit the reconstruction of a non-conforming building which
has been damaged by explosion, ~fire, act of God, or the public
enemy, to the extent of more than fifty (50) percent of its
fair market value, where the Board finds some compelling neces-
sity requiring a continuance of the nonconforming use and pri-
mary purposes of continuing the nonconforming use is not to
continue a monopoly.
:103
32:5.
Be
Waive or reduce the parking and loading requirements in any
of the districts, whenever the character or use of the building
is such as to make unnecessary the full provision of parking
or loading facilities, or where such regulations would im-
pose an unreasonable hardship upon the use of the lot, as con-
trasted with merely granting an advantage or a convenience.
e
Shall rule on all applications on siting of mobile homes in
districts not ~o'zoned. Approval shall only be allowed in
cases of extreme hardship under such guidelines as shall be
established by this Board.
e
To determine whether an industry should be permitted within
District "MI", Light Industrial, and District "M2", Heavy
Industrial, because of the methods by which it would be oper-
ated and because of its effect upon uses within surrounding
zoning districts.
To determine in cases of uncertainty the cl~assification of
any use not specifically named in this Ordinance.
d. Limitation on Reapplications
When the Board of Adjustment has denied a proposal, no new appli-
cations of similar nature shall be accepted by the Board or scheduled
for twelve (12) months after the date of Board denial. Appli-
cations which have been withdrawn at or before the Board meeting
may be resubmitted at any time for hearing before the Board.
VARIANCES
The Board shall have the power to authorize, upon appeal in specific
cases, such variance from the terms of this Ordinance as will not be
contrary to the public interest, w~.~re, owing to special conditions,
a literal enforcement of the provisions of this Ordinance will result
in unnecessary hardship, and so that the spirit of this Ordinance
shall be observed and substantial justi.ce~done, including the following:
bo
Permit a variance in the yard requirements of any district where
there are unusual and practical difficulties or unnecessary hard-
ships in the carrying out of these provisions due to an irregular
shape of the lot, topographical or other conditions, provided
such variance will not seriously affect any adjoining property or
the general welfare.
Authorize, upon appeal, whenever a property owner can show that
a strict application of the terms of this Ordinance relating to
the construction or alterations of buildings or structures will
impose upon him unusual and practical difficulties or particu-
lar hardship, such variances from the strict application of the
terms of this Ordinance as are in harmony with its own general
purpose and intent, but only when the Board is satisfied that
granting of such variation will not merely serve as a convenience
to the applicant, but will alleviate some demonstrable and unusual
104
32: 6.
hardship or difficulty so great as to warrant a variance from the
comprehensive plan as established by this Ordinance and at the
same time, the surrounding property will be properly protected.
CHANGES
The Board shall have no authority to change any provisions of this
Ordinance and its jurisdiction is limited to hardship and border-
line cases which may arise from time to time. The Board may not
change the district designation of any land either~to a more or less
restrictive zone.
IS is the intent of this ordinance that all questions of interpretation
and enforcement shall be first presented to the administrative official,
and that such questions shall be presented to the Board of Adjustment
only on appeal from the decision of the Building Official, and that
recourse from the decisions of the Board of Adjustment shall be to the
courts as provided by the laws of the State of Texas.
i05
33:1.
33:2.
33:3.
SECTION 33
PLANNING BOARD AND ZONING COMMISSION AMENDMENTS/
COUNCIL PROCEEDINGS
AM EN DM E NTS
The Governing body may, from time to time, amend this Ordinance by
changing the boundaries of districts or by changing any other provision
thereof whenever the public necessity and convenience and general wel-
fare require such amendment.
APPLICATION
Who may initiate action: Amendment may be initiated by the City
Council or the Planning Board and Zoning Commission or by an ap-
plication of one or more owners of property affected by the pro-
posed amendment.
Accompanying data: An application for an amendment shall be
accompanied by an accurate legal description, maps, site plans,
drawings, and any data necessary to demonstrate that the proposed
amendment is in general conformance with the Plainview Comprehen-
sive Plan and that public necessity, convenience and general wel-
fare require the adoption of the proposed amendment.
PUBLIC HEARING BEFORE THE PLANNING BOARD AND ZONING COMMISSION
b.
Upon filing of the application, the Planning Board and Zoning
Commission shall call a public hearing on said application as
provided herein.
Notice.of public hearing: Written notice of such hearing shall be
sent to the owner of the property or his agent and to all owners
of real property lying w~thin two hundred' (200) feet of the pro-
perty on which the change in classification is proposed, such
notice to be given not less than ten (10) days before the date of
such 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
the same, properly addressed and postage paid, in the City Post
Office. Where property lying within two hundred (200) feet of the
property proposed to be changed is located in territory which was
annexed to the City after the final date for making the renditions
which are included on the last approved City taX roll, notice to
such owners shall be given by one publication in the official
newspaper at least fiflteen (15) days before the time of hearing.
Failure of owners to receive notice of hearing shall in no way
affect the validity of action taken.
Action by Planning Board and Zoning Commission at conclusion of hearing:
If, at the conclusion of the hearing, the Planning Board and Zoning
Commission decides to recommend amendment of this Ordinance to the
City Council, said recommendation shall be by resolution of the
106
33:4.
Planning Board and ZOning Commission carried by the affirmative
votes of not less than a majority of its total membership present
and voting. A copy of any recommended amendment shall be submitted
to the City Council and shall be accompanied by a report of find-
ings, summary of hearing and any other pertinent data.
de
Appeal of Planning Board and Zoning Commission Denial of Application:
In the event the Planning Board and Zoning Commission recommends
denial of an application after public heari'ng~ the applicant may
appeal said determination to the City Council by filing a written
notice of appeal with the City Clerk within ten (10) days after
the determination of the Planning Board and Zoning Commission.
ACTION BY THE CITY COUNCIL
a®
If the Planning Board and Zoning Commission has recommended approval
of an application or if the Planning Board and Zoning Commission has
recommended denial of an application and a notice of appeal has been
filed pursuant to Subsection 3.d above, the City Council shall set
said application for public hearing and 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 owners of real property lying within two
hundred (200) feet of the subject p~operty pursuant to Subsection
3.b above.
be
When the Planning Board 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 of the Councilmen present and voting. However, in order to
adopt the amendment which has been ~commended for disapproval by
the Planning Board and Zoning Commission, the amendment shall not
become effective except by the favorable vote of three-fourths(3/4)
of the members of the City Council of the City of Plainview present
and voting.
When the Planning Board and Zoning Commission has recommended to
the City Council that a proposed amendment be approved, the City
Council may disapprove the petition or application for amendment
by a simple majority vote of the City Councilmen present and voting.
In the event of a tie vote of the City Councilmen present and
voting, the Mayor may cast the deciding vote.
Ce
In the case of a protest against an amendment to the Ordinance
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 ex-
tending two hundred (200) feet from the street frontage of such
opposite lots, such amendment shall not become effective except
by the favorable vote of three-fourths (3/4) of the members of
the City Council of the City of Plainview present and voting.
107
33: 5.
EFFECT OF DENIAL OF APPLICATION
In case an application for an amendment to the zoning ordinance is
denied by the Planning Board and Zoning Commission, and no appeal
therefrom is taken to the City Council, or in case an application
for an amendment to'the zoning ordinance is denied by the City Council,
(in either of said events) said application shall not be eligible for
reconsideration for one (1) year subsequent to such denial. A new
application effecting or including all or part of the same property
must be substantially different from the application denied, in the
opinion of the Planning Board and Zoning Commission, to be eligible
for consideration within one (1) year of the denial of the original
application.
In the event a re-application effecting the same land is for a zone
that will permit the same use of the property as that which would
have been permitted under the denied application, the same shall not
be considered as being substantially different from the application
denied.
108
SECTION 34
COMPLETION OF BUILDING UNDER CONSTRUCTION
Nothing herein contained shall require any change in the plans,
construction or designated use of a building actually under con-
struction at the time of the passage of this Ordinance and which
building shall be completed within one (1) year from the date of
the passage of this Ordinance.
109
SECTION -35
SCHEDULE OF FEES, CHARGES, lIND EXPENSES
The City Council shall establiSh 'a schedule of fees, charges, and
expenses, and a collection procedure for building permits, certifi-
cates of zoning compliance, appeals, and other matters pertaining
to this Ordinance. The Schedule below .<;hall be posted in the office
of the administration official and may be altered or amended only by
the City Council.
No permit, certificate, special exception, or variance shall be issued
unless and until such costs, charges, fees, or expenses listed below
have been paid in full, nor shall any action be taken on proceedings
before the Board of Adjustment unless or until preliminary Charges
and fees have been paid in full.
The exact charge for the following services will be established by
separate Ordinance:
a. For docketing a zoning petition with the Planning and Zoning
Commission of the City of Plainview.,
b. For docketing an application for relief with the Board of
Adjustment of the City of Plainview.
110
SECTION 36
VIOLATIONS AND PENALTIES
Any person who shall violate any of the provisions of this Ordinance
or who shall fail to comply ~herewith or with any of the requirements
thereof, Or who shall erect or alter any building or who shall com-
mence to erect or alter any building in violation of any detailed
statement of plan submitted or approved thereunder, shall for each
and every violation or noncompliance be deemed guilty of a misde-
meanor and shall be fined not more than two hundred dollar~ ($200)
and each day such violation shall be permitted to exist shall be
construed to constitute a separate offense. The owners of that
building or premises or part thereof where anything in violation of
this Ordinance shall be placed or shall exist, and any architect,
builder, contractor, agent, or corporation employed in connection
therewith who may have assisted in the commission of any such vio-
lation shall each be guilty of a separate offense and upon convic-
tion shall be subject to the penalties herein provided.
lll
SECTION 37
VALIDITY
If any section, paragraph, subdivision, clause, phrase, or provision
of this Ordinance shall be adjudged or for any reason held to be
unconstitutional, void, or invalid, the validity of the remaining
portions of this Ordinance shall not be affected thereby, it being
the intent of the City Council, in adopting this Ordinance, that no
portion thereof, or provision or ~egulation contained herein shall
become inoperative or fail by reason of the unconstitutionality or
invalidity of any section, paragraph, subdivision, clause, phrase,
or provision of this Ordinance.
112
SECTION 38
INTERPRETATION, PURPOSE AIND'CONFLICT
In interpreting and applying the provisions of this Ordinance, they
shall be held to be the minimum requirements for the promotion of the
public safety, health, convenience, comfort, prosperity or general
welfare. It is not intended by this Ordinance to interfere with or
abrogate or annul any easement, covenants or other agreements between
parties, provided, however, that where this Ordinance imposes a great-
er restriction upon the use of buildings, or premises or upon height
of building or requires larger open spaces than are imposed or requir-
ed by other ordinances, rules, regulations or by easements, covenants
or agreements, the provision of this Ordinance shall govern.
113
SECTION 39
CONFLICTING ORDINANCES REPEALED
All ordinances and parts of ordinances inconsistent or in conflict with this
Ordinance are hereby repealed.
114
SECTION 40
EFFECTIVE DATE
The City Secretary-Treasurer is hereby directed to publish the caption and
penalty clause hereof as an alternative method of publication as provided
by law, once a week for two consec~.tive weeks in some newspaper regularly
published in the City of Plainview and this ordinance shall become effective
ten (10) days after the date of its last publication.
PASSED AND APPROVED FIRST READING THIS THE 12th day of January, 1982
PASSED AND APPROVED SECOND READING THIS THE 26th day of January, 1982
City Clerk
EFFECTIVE DA E, -FEBRUARY:-l. 7~..1Et82__
115